(a)

Purpose. The R-1 district, one-family detached dwellings, is designed to protect and maintain those residential areas now developed primarily with one-family detached dwellings on relatively large lots and adjoining vacant areas likely to be developed for such purposes. It will enable the city to continue to provide a restricted type of environment which would otherwise be found only in suburban areas.

(b)

Uses etc., generally. In any R-1 district no building or premises shall be used and no building shall be erected or altered, except as provided elsewhere in this chapter, which is arranged, intended or designed to be used except for one or more of the uses listed in the following subsections of this section.

(c)

Uses permitted as matter of right. The following uses are permitted as a matter of right:

(1)

One-family detached dwellings.

(2)

Churches or other places of worship; parish houses or Sunday school buildings.

(3)

Public or parochial elementary schools.

(4)

Public libraries, public museums, public art galleries.

(5)

Parks, playgrounds or athletic fields, either public or owned and operated by a local community association, and any recreation building therein.

(6)

Cemetery.

(7)

The taking of nontransient nonrelated children for day care by a family resident on the premises provided there is no display or advertising on the premises in connection with such use and provided there are not more than six school children. This number shall include the preschool children who are permanent members of the family.

a.

The department of licenses and inspections shall issue a certificate of occupancy only after the state division of social services issues a certification of approval for the residential applicant, and shall maintain an official record of the location of such day care facilities.

b.

The state division of social services shall inspect, supervise and upon written application certify its approval of the residence sought to be used for day care purposes so that the department of licenses and inspections may issue the necessary certificate of occupancy.

(8)

Low-intensity home occupation, limited to one per dwelling unit and provided that it is conducted without:

a.

The sale or storage of any stock-in-trade on the premises;

b.

The presence of more than two customers or clients on the premises per hour;

c.

Any external evidence or effect of such occupation, except that either a nonilluminated interior window sign not exceeding 144 square inches in area, or a brass or bronze plaque not exceeding 144 square inches in area mounted on the facade of the building, shall be permitted;

d.

Any alteration detrimental to the residential use of the dwelling unit;

e.

The creation of objectionable noise, odors, or refuse, or additional traffic volume or parking demand;

f.

Any external storage of material or equipment, except for a single business motor vehicle used by the resident;

g.

The assistance of off-site employees, agents, or associates; and

h.

The interior storage of hazardous materials.

(9)

Family day care homes.

(10)

Group day care homes and day care centers that are located in a building in which there is a lawful, conforming, nonresidential use in the zoning district in which it is located and in which providing day care service is not the primary use, subject to the following conditions:

a.

The parking requirements of section 48-443 for such day care facility shall be met;

b.

The day care service shall be provided in a detached building only, whether or not it is the only use in such building; and

c.

Any outdoor exercise or play area shall be not less than 15 feet from any residential building on an adjacent lot.

(11)

Group home type I, subject to the following conditions:

a.

State licenses; city registration. If applicable, the group home shall obtain and maintain as current such licenses or permits for such use as may be required by the state or any of its agencies. The owner or operator of the residence shall register the location and use of the subject residence with the department of licenses and inspections annually, such registration statement to be filed with the department on or before July 1 of each year and updated quarterly, as needed. Such annual registration statement shall include: The names and addresses of the owners and operators of the property; the type of group home use of the property; the number and types of professional staff serving the residents; the number of residents; and the names, business addresses and telephone numbers of persons employed by governmental or private agencies serving the residents who may be contacted by the department, particularly in the event of emergency. The department may charge a fee to cover administrative costs incurred by it in administering the aforesaid registration requirements.

b.

Structural changes. No alteration, addition or other structural change to the interior or the exterior of any single-family building in which a group home is, or is proposed to be, located shall be permitted if such alteration, addition or other structural change would alter the essential single-family character of the building and be substantially irreversible, thus preventing any future use or sale of the property for single-family residential purposes.

(d)

Uses permitted under zoning board of adjustment approval. The following uses are permitted if approved by the zoning board of adjustment as provided in article II, division 3 of this chapter, subject to the conditions specified below in each case:

(1)

Private school or nursery school; provided, that:

a.

It is so located that it is not likely to become objectionable to adjoining and nearby property because of noise, traffic, number of students, or otherwise objectionable conditions;

b.

Parking space may be required in excess of that specified in article X of this chapter, if needed to accommodate the students, teachers and visitors likely to come to the site by automobile; and

c.

The use will be reasonably necessary or convenient to the neighborhood which it is proposed to serve.

(2)

a. Municipal fire house; provided, that:

1.

It is essential for the proper protection of the area that it be located in an R-1 district;

2.

The proposed architectural treatment of the exterior of the building is such that it will be in harmony with its residential environment; and

3.

Before taking final action on an application for such use, the zoning board of adjustment shall submit the application to the department of public works for review and report.

b.

Neighborhood police station; provided that:

1.

It is essential for the proper protection of the area and for the operations of the police department in the police service area within which it is located;

2.

The proposed architectural treatment of the exterior of the building is such that it will be in harmony with its residential environment; and

3.

Before taking final action on an application for such use, the zoning board of adjustment shall submit the application to the department of public works for review and report.

(3)

Utility-user connecting equipment; provided that, if it is entirely enclosed within a separate windowless building accessory to the building to be served by the equipment, it meets the setback requirements for such buildings, or, if not so enclosed, that it meets all of the following conditions and criteria:

a.

The applicant submits to the board an engineering report describing the equipment and evidencing the necessity for its installation as well as a rendering of the plans for the location and design of the equipment and its screening and landscaping;

b.

The zoning board approves the applicant's plans for screening and landscaping necessary in order to screen the equipment from public view and to minimize the impact on nearby residences of noise, smoke, exhaust fumes, gas, odor, heat or vibration; further provided, that any installation which in the board's judgment would adversely affect the surrounding neighborhood shall not be permitted or approved;

c.

All equipment shall be locked or otherwise secured so as to permit access only by authorized personnel of the applicant, the fire department, and the utility company; and

d.

Such other conditions as the board may deem necessary in order to minimize any adverse impact on the use of neighboring properties and the character of the neighborhood.

(4)

Moderate-intensity home occupation, limited to one per dwelling unit, provided that it is conducted without:

a.

The presence of more than two customers or clients on the premises per hour; provided, however, that the board may, in exceptional circumstances, authorize the presence of up to four customers or clients on the premises per hour;

b.

Any external evidence or effect of such occupation, except that either a nonilluminated interior window sign not exceeding 144 square inches in area, or a brass or bronze plaque not exceeding 144 square inches in area mounted on the facade of the building, shall be permitted;

c.

The creation of objectionable noise, odors or refuse, or additional traffic volume or parking demand;

d.

Any alteration detrimental to the residential use of the dwelling unit;

e.

Any external storage of material or equipment, except for a single business motor vehicle used by the resident; and

f.

That it is conducted in compliance with such other conditions as the zoning board of adjustment may deem necessary in order to minimize any adverse impact on the use of neighboring properties and the character of the neighborhood.

(5)

A group day care home that does not meet the requirements for the same pursuant to subsection (c) of this section may be permitted as a special exception by way of modification or waiver of the requirements for such use so as to permit such use in a single-family residential building or in a building converted for group day care home use, or if its location is not in a detached building, or its outdoor exercise or play area is less than 15 feet from any residential building or an adjacent lot, or if it provides less than the otherwise applicable minimum parking requirements, or any combination of the same, but no modification or waiver, variance or exception shall be granted from the definitional requirement of qualification for state licensing, and provided that the operations shall be limited to the hours between 6:30 a.m. and 9:00 p.m. if located in a residential zoning district.

(6)

Notwithstanding any other provision or reference in this Code to the contrary, in R-1, R-2, and R-3 districts only, group home type II, subject to the conditions for group home type I uses as set forth in subsection (c)(11) of this section and to the applicable provisions of section 48-2.

(7)

An antenna that is proposed to be mounted to a building and concealed within an architectural element of the building; provided, that:

a.

Accessory structures are similarly concealed or obscured from view; and

b.

It shall conform with all relevant provisions of article XI, division 4 and any regulations promulgated in furtherance thereof.

(e)

Accessory uses and buildings. The following accessory uses and accessory buildings or structures incident to uses permitted by this section are permitted:

(1)

The taking of not more than three nontransient roomers or boarders.

(2)

Bulletin board not exceeding 25 square feet in area in connection with a building permitted under subsections (2), (3) and (4) of subsection (c), or subsection (1) of subsection (d), of this section.

(3)

Private garage to accommodate not more than two motor vehicles; except, that if the lot exceeds 6,500 square feet in area, there may be accommodation for one additional motor vehicle for each 2,500 square feet by which the lot exceeds such area, but not over four motor vehicles.

(4)

Other uses or buildings customarily incident to the uses permitted by this section.

(5)

Satellite television antennas, conventional television antennas, dish antenna and supporting structures, and amateur radio antennas; provided that:

a.

The antenna is operated for private noncommercial use; and

b.

It shall conform with all relevant provisions of article XI, division 4 of this chapter and any regulations promulgated in furtherance thereof.

(Code 1968, § 48-7; Ord. No. 99-010(sub 1), § 1, 5-6-99; Ord. No. 00-140(sub 1), § 1, 7-19-01; Ord. No. 10-041(sub 1), § 2, 10-7-10)

(a)

Purpose. The R-2 district, one-family detached dwellings and one-family semidetached dwellings, is designed to include those sections of the city where there are substantial numbers of one-family semidetached dwellings, twin houses, in most cases intermingled with one-family detached dwellings on somewhat smaller lots than are found in R-1 districts. Some public and institutional uses and home occupations are permitted.

(b)

Uses, etc., generally. In any R-2 district no building or premises shall be used and no building shall be erected or altered, except as provided elsewhere in this chapter, which is arranged, intended or designed to be used except for one or more of the uses listed in the following subsections of this section.

(c)

Uses permitted as matter of right. The following uses are permitted as a matter of right:

(1)

Any use permitted in R-1 districts under section 48-131(c).

(2)

One-family semidetached dwelling.

(3)

Water supply reservations and dams and reservoirs connected therewith, but not pumping stations unless operated solely by electric power.

(4)

Municipal fire house; Neighborhood police station.

(5)

Public or parochial junior or senior high school.

(6)

College or university, which may include a dormitory on the same lot.

(7)

Public health center or public community center; provided, that:

a.

No such building in which such use is located shall extend within ten feet of the boundary of any R-1 district; and

b.

Each building in which such use is located shall be fully detached.

(8)

Private art gallery or museum; provided, that:

a.

No commercial activity is conducted therein; and

b.

Parking space sufficient to accommodate expected visitors shall be provided on the lot.

(9)

Hospital, other than one solely for infectious or contagious diseases, epileptics or drug or liquor addicts; charitable institutions which are not of a correctional nature and which are not intended for the care of the mentally disabled; in each case provided, that:

a.

Each side yard shall have a minimum width of 15 feet;

b.

Parking space shall be provided in accordance with the requirements of article X of this chapter; and

c.

Any such use is not solely an office nor any institution definable as a group home or rooming house.

(10)

Telephone central office, not to include storage of materials or trucks, maintenance of repair facilities or housing of repair crews.

(11)

Bulletin board not exceeding 25 square feet in area in connection with a junior or senior high school, or a college or university.

(d)

Uses permitted under zoning board of adjustment approval. The following uses are permitted if approved by the zoning board of adjustment as provided in article II, division 3 of this chapter, subject to the conditions specified below in each case:

(1)

A private school or nursery school subject to the special requirements of such a use in R-1 districts under section 48-131(d)(1).

(2)

Private club or lodge; provided, that:

a.

It is not organized for profit and is used primarily by its members and their guests;

b.

It offers no articles of commerce for sale therein, except to its members; and

c.

It is not likely to become objectionable in a residence district because of noise or traffic.

(3)

A parking lot accessory to a commercial use in an adjoining commercial district; provided, that:

a.

Such parking lot shall be within the same block as the commercial use, or if the district boundary line follows a street, it shall be located on the opposite side of the street from the commercial use. In no case shall the parking lot extend into the residence district more than 150 feet measured from the boundary line of the commercial district; except, that in the case of the parking lot being located across the street from the commercial use, the width of the street shall not be taken into account;

b.

It shall conform with all relevant provisions of article XI, division 3, except, that the screening shall be as provided in such division;

c.

The present character and the future development of the neighborhood will not be adversely affected thereby;

d.

Before taking final action on an application for such use, the zoning board of adjustment shall submit the application to the department of public works for review and report; and

e.

If approved, the zoning board of adjustment may authorize a temporary permit for the operation of such a parking lot for a term of three years. Such permit may be renewed for another three-year period only after a public hearing, as provided in article II, division 3 of this chapter, is held by such board.

(4)

Moderate-intensity home occupation, subject to the special requirements of such a use in R-1 districts under section 48-131(d)(4).

(5)

Utility-user connecting equipment subject to the special requirements of such use in R-1 districts under section 48-131(d)(3).

(6)

Group day care home as provided in section 48-131(d).

(7)

Group home type II, subject to the conditions for such use in R-1 districts under section 48-131(d) and to the applicable provisions of section 48-2.

(8)

An antenna that is proposed to be mounted to a building and concealed within an architectural element of the building, subject to the special requirements of such a use in R-1 districts under section 48-131(d)(7).

(e)

Accessory uses and buildings. The following accessory uses and accessory buildings incident to uses permitted by this section are permitted:

(1)

Any accessory use or accessory building permitted in R-1 districts under section 48-131(e).

(2)

Other uses or buildings customarily incident to the uses permitted by this section.

(Code 1968, § 48-8; Ord. No. 99-010(sub 1), § 1, 5-6-99; Ord. No. 10-041(sub 1), § 3, 10-7-10)

(a)

Purpose. The R-2-A district, one-family detached and semidetached dwellings with conversions, is designed to preserve certain areas which were originally developed with one-family detached dwellings and one-family semidetached dwellings, in which some such buildings have been converted for the use of two or more families, and which areas constitute an irreplaceable part of the city's limited supply of fine residential housing. It would retain the general one-family detached and semidetached character of these areas, permitting conversions for an additional family or families with zoning board of adjustment approval. New apartment houses with not more than two families on each story are also permitted.

(b)

Uses, etc., generally. In any R-2-A district no building nor premises shall be used and no building shall be erected or altered, except as provided elsewhere in this chapter, which is arranged, intended or designed to be used except for one or more of the uses listed in the following subsections of this section.

(c)

Uses permitted as matter of right. The following uses are permitted as a matter of right:

(1)

Any use permitted in R-1 districts under section 48-131(c).

(2)

One-family semidetached dwelling.

(3)

Water supply reservations and dams and reservoirs connected therewith, but not pumping stations unless operated solely by electric power.

(4)

Municipal fire house; Neighborhood police station.

(5)

Public or parochial junior or senior high school.

(6)

Private art gallery or museum; provided, that:

a.

No commercial activity is conducted therein; and

b.

Parking space sufficient to accommodate expected visitors shall be provided on the lot.

(7)

Bulletin board not exceeding 25 square feet in area in connection with a junior or senior high school.

(8)

A two-family dwelling, in the form of a new building provided, that there shall be a lot area of not less than 2,500 square feet and a gross floor area of not less than 2,000 square feet.

(9)

The conversion of a building housing two families to an apartment house or the creation of additional units in an apartment house; provided, that:

a.

There shall be a lot area of not less than 1,000 square feet per family;

b.

There shall be a livable floor area, excluding common halls and stairways, of not less than 800 square feet per family; and

c.

There shall not be more apartments than the number of stories in each building.

(10)

Apartment house with not more than two families on each story; provided, that there shall be a lot area of not less than 1,000 square feet per family and a livable floor area, excluding common halls and stairways, of not less than 800 square feet per family.

(11)

A private school or nursery school subject to the special requirements of such a use in R-1 districts under section 48-131(d)(1).

(12)

The conversion of a nonresidential building for use as an apartment house; provided, that there shall be a lot area of not less than 1,000 square feet per family and a livable floor area, excluding common halls and stairways, of not less than 800 square feet per family.

(13)

Bed and breakfast guest facility; provided that there shall be one parking space for each guest room, that the facility be located in a detached building, that there shall be at least one bathroom for every two guest rooms, and that if the facility is to be located in a new structure proposed to be constructed, that the design review commission review the design of the new structure and its compatibility with the design of existing structures in the immediate neighborhood and report its findings and recommendations to the zoning administrator prior to issuance of a building permit for such construction. There shall be no external evidence or effect of such facility except that either a nonilluminated interior window sign not exceeding 144 square inches in area, or a brass or bronze plaque not exceeding 144 square inches in area mounted on the facade of the building, shall be permitted; provided, however, that the design review commission may approve a nonilluminated sign not exceeding ten square feet, or of a different composition of material, or of a different location, or any combination of the same.

(14)

Group home type II, subject to the conditions for group home type I uses as set forth in section 48-131(c)(11) and to the applicable provisions of section 48-2.

(d)

Uses permitted under zoning board of adjustment approval. The following uses are permitted if approved by the zoning board of adjustment as provided in article II, division 3 of this chapter, subject to the conditions specified below in each case:

(1)

Moderate-intensity home occupation, subject to the special requirements of such a use in R-1 districts under section 48-131(d)(4).

(2)

Utility-user connecting equipment subject to the special requirements of such use in R-1 districts under section 48-131(d)(3).

(3)

Group day care home as provided in section 48-131(d).

(4)

Bed and breakfast guest facility with less than one parking space for each guest room, or if located in a building that is not detached, or which provides less than the required number of bathrooms, or a combination of such exceptions; or for more than eight but not more than 20 guest rooms, provided that in any such instance, no other special exception shall be sought or granted. Further provided that, in all instances pursuant to this subsection, the design review commission shall review the plans of the design of the exterior of the structure, whether an existing structure or a proposed structure to be constructed, and its compatibility with the design of existing structures in the immediate neighborhood and report its findings and recommendations to the zoning administrator and the zoning board of adjustment prior to the rendering of a decision by the latter board in the matter before it. In any instance of approval of a use pursuant to this subsection, there shall be no external evidence or effect of such facility, except that either a nonilluminated interior window sign not exceeding 144 square inches in area, or a brass or bronze plaque not exceeding 144 square inches in area mounted on the facade of the building, shall be permitted; provided, however, that the design review commission may approve a nonilluminated sign not exceeding ten square feet, or of a different composition of material, or of a different location, or any combination of the same.

(5)

An antenna that is proposed to be mounted to a building and concealed within an architectural element of the building, subject to the special requirements of such a use in R-1 districts under section 48-131(d)(7).

(6)

A two-family dwelling, through conversion of an existing one-family dwelling for the use of two families; provided, that there shall be a lot area of not less than 2,500 square feet and a gross floor area of not less than 2,000 square feet. (See section 48-67).

(7)

The conversion of a building housing one family to an apartment house (see section 48-67); provided that:

a.

There shall be a lot area of not less than 1,000 square feet per family;

b.

There shall be a livable floor area, excluding common halls and stairways, of not less than 800 square feet per family; and

c.

There shall not be more apartments than the number of stories in each building.

(e)

Accessory uses and buildings. The following accessory uses and accessory buildings incident to uses permitted by this section are permitted:

(1)

Any accessory use or accessory building permitted in R-1 districts under section 48-131(e).

(2)

Other uses or buildings customarily incident to the uses permitted by this section.

(f)

Any building that had been designed for use as a single-family residence but has been converted to a multi-family use and has been vacant for one year or more shall not thereafter be used for multi-family use, but rather, shall be used only for single-family use.

(Code 1968, § 48-8.1; Ord. No. 99-010(sub 1), § 1, 5-6-99; Ord. No. 02-095(sub 1), § 1, 12-12-02; Ord. No. 10-041(sub 1), § 4, 10-7-10; Ord. No. 14-030, § 1, 8-21-14)

(a)

Purpose. The R-3 district, one-family row houses, is designed to conserve for one-family use those areas developed with one-family row houses which have not been converted to use by two or more families. Permitted nonresidential uses are similar to those in R-2 districts.

(b)

Uses, etc., generally. In any R-3 district, no building or premises shall be used and no building shall be erected or altered, except as provided elsewhere in this chapter, which is arranged, intended or designed to be used except for one or more of the uses listed in the following subsections of this section.

(c)

Uses permitted as matter of right. The following uses are permitted as a matter of right:

(1)

Any use permitted in R-1 districts under section 48-131(c) and in R-2 districts under section 48-132(c).

(2)

One-family row houses as one of a group of three or more attached dwellings. Except as provided under subsection (5) of subsection (d) of this section, any such group of one-family attached dwellings erected after March 8, 1962 shall not include more than ten family units and each such group shall have a paved pedestrian easement, at least four feet in width, with direct access from the rear yard to a street at not less than two points.

(d)

Uses permitted under zoning board of adjustments approval. The following uses are permitted if approved by the zoning board of adjustment as provided in article II, division 3 of this chapter, subject to the conditions specified below in each case:

(1)

Any use permitted in R-2 districts under section 48-132(d).

(2)

A community garage consisting of one or more groups of private garages; provided, that:

a.

It shall conform with all relevant provisions of section 48-132;

b.

Each group of attached structures shall have a joint capacity of not more than six motor vehicle spaces arranged in a row or surrounding a common means of access;

c.

No garage space shall face directly upon a street, but only on a paved access roadway at least 12 feet in width and connecting to a street;

d.

Any such street entrance or exit shall be at least 50 feet distant from the intersection of any two street lines;

e.

The present character and future development of the neighborhood will not be adversely affected thereby; and

f.

Before taking final action on an application for such use, the zoning board of adjustment shall submit the application to the department of public works for review and report.

(3)

Educational television station, including studios and offices.

(4)

A convalescent or nursing home not for the care of contagious diseases; provided, that:

a.

It shall be one or more new structures for this purpose;

b.

It shall be on a lot of not less than 10,000 square feet;

c.

It shall not exceed 100 beds or patients;

d.

It shall meet the height and setback requirements of the R-3 districts;

e.

It shall provide off-street parking spaces in the following ratio:

1.

Two spaces for each three employees;

2.

One space for every six beds or patients;

f.

The present character and future development of the neighborhood will not be adversely affected thereby; and

g.

Before taking final action on an application for such use, the zoning board of adjustment shall submit the application to the department of licenses and inspections and the city planning commission for review and report;

h.

The use does not constitute a group home or rooming house.

(5)

A group of ten or less one-family row houses without access from the rear yard to the street; provided, that:

a.

The group shall be part of a planned development occupying at least one-half of a full city block;

b.

The design of the dwelling units provide for direct access from a basement or cellar area to the front entrance;

c.

All applicable building and fire code regulations have been met; and

d.

The present character and future development of the neighborhood will not be adversely affected thereby.

(6)

Ground floor commercial use in corner property. Except for those ground floor uses listed in subsections (d)(9) and (10) of this section, a ground floor commercial use shall have existed in a corner property prior to July 16, 1965, such use, or a similar use, may be continued or reactivated; provided, that:

a.

The building in which the commercial use is located or proposed to be located, shall have been specifically designed to accommodate such ground floor activity;

b.

Such use will not create objectionable noise, odors or refuse;

c.

In the opinion of the zoning board of adjustment, such use will not adversely affect the character of the neighborhood within which it is located.

(7)

Utility-user connecting equipment subject to the special requirements of such use in R-1 districts under section 48-131(d)(3).

(8)

Medical practitioner's office or the professional office or studio of a sole-practitioner lawyer, architect, engineer, musician, artist, teacher, real estate broker, registered nurse or other similar professional person, provided that:

a.

Such use shall be located only in an existing office building or in a nonresidential building that has been converted to offices;

b.

No more than six such offices shall be accommodated in the building;

c.

The operation of each office is restricted to one practitioner with not more than three supporting personnel;

d.

The square footage of each office shall not exceed 1,300 square feet; and

e.

Three parking spaces for each office must be provided.

(9)

Ground floor corner property used for neighborhood retail stores or shops for the performance of personal services; except for bail bonds establishments, payday/title lending establishments, pawn shops, tattoo/body piercing/massage parlors, liquor stores, cocktail lounges, taverns, weapons/guns/ammunition stores, grocery stores, gasoline service stations, tap rooms, bars, cafes, offices or stores for the care, keeping or grooming of animals, health and exercise facilities, or any operation to provide for automobile sales or services; provided that:

a.

No manufacturing, wholesaling or jobbing shall be carried on therein;

b.

No merchandise shall be carried on the premises other than that intended to be sold at the retail establishment;

c.

Hours of operation shall be limited to between 6:30 a.m. and 7:00 p.m.;

d.

The use or combination of uses shall occupy not more than 1,500 square feet of the floor area of the ground floor, and for purposes of this subsection, the total floor area devoted to such use or uses shall be calculated as the interior floor area measured by and between the interior walls;

e.

No outdoor displays or sales of merchandise or services shall be permitted;

f.

Illuminated signs shall be permitted only during the hours of operations; and,

g.

Deliveries to any premises shall be made only during the hours of operation.

(10)

Ground floor corner property used for offices, banks or other financial institutions, except for drive-through banking, provided that automated teller systems are located within the building and accessible only during regular bank hours; provided that:

a.

There are no outdoor displays or sales of merchandise or services;

b.

Illuminated signs are limited to the hours of operation; and

c.

Deliveries to any premises are made only during the hours of operation, and such hours of operation shall be limited to between 6:30 a.m. and 7:00 p.m.

(e)

Accessory uses and buildings. The following accessory uses and accessory buildings incident to uses permitted by this section are permitted:

(1)

Any accessory use or accessory building permitted in R-2 districts under section 48-132(e).

(2)

Other uses or buildings customarily incident to the uses permitted by this section.

(f)

Automobile parking for occupants and customers. Automobile parking for occupants and customers of buildings located in R-3 districts shall be subject to special provisions of section 48-447 and article XI, division 3 of this chapter.

(Code 1968, § 48-9; Ord. No. 92-053(sub 1), § 1(i), 7-2-92; Ord. No. 02-001 (sub2), § 1, 8-29-02)

(a)

Purpose. The R-4 district, row houses with conversions, is designed to include those areas which were originally developed with one-family row houses but where many such buildings have been converted for the use of two or more families. It would retain the general row house character of these areas, permitting conversions for an additional family or families only if approved by the zoning board of adjustment. To encourage assembly and rebuilding, new apartment houses with not more than two families on each story are permitted. Some institutions excluded from the one-family districts are permitted.

(b)

Uses, etc., generally. In any R-4 district no building or premises shall be used and no building shall be erected or altered, except as provided elsewhere in this chapter, which is arranged, intended or designed to be used except for one or more of the uses listed in the following subsections of this section.

(c)

Uses permitted as matter of right. The following uses are permitted as a matter of right:

(1)

Any use permitted in R-3 districts under section 48-134(c).

(2)

Apartment houses with not more than two families on each story.

(3)

Private school or nursery school.

(4)

Sanitarium or convalescent home not for the care of contagious diseases, excluding group homes and rooming houses, provided that any such permitted use is located in a building that shall be fully detached.

(5)

Dormitory, fraternity house or sorority house.

(6)

Bed and breakfast guest facility as provided in section 48-133(c).

(7)

Group home type II, subject to the conditions for group home type I uses as set forth in section 48-131(c)(11) and to the applicable provisions of section 48-2.

(d)

Uses permitted under zoning board of adjustment approval. The following uses are permitted if approved by the zoning board of adjustment as provided in article II, division 3 of this chapter, subject to the conditions specified below in each case:

(1)

A private club or lodge subject to the special requirements of such a use in R-2 districts under section 48-138(d)(2).

(2)

A community garage subject to the special requirements of such a use in R-3 districts under section 48-134(d)(2); except, that not more than one-fifth of the vehicles housed in such community garage may be commercial vehicles not exceeding 1½ tons' capacity or two tons' weight.

(3)

A two-family dwelling, either in the form of a new building or through conversion of an existing one-family dwelling for the use of two families (see section 48-67 if converting from single to multi-family); provided that:

a.

There shall be a lot area of not less than 1,800 square feet and a gross floor area of not less than 1,500 square feet; and

b.

In the opinion of the zoning board of adjustment, the proposed activity will not adversely affect the character and future development of the neighborhood within which it is proposed to be located and such use will not increase motor vehicle parking problems and congestion in the neighborhood. The board in its determinations shall consider the cumulative effect on the availability of motor vehicle parking spaces particularly in light of all other existing uses within a radius of 300 feet of the proposed location;

c.

Applicants shall certify that they are not delinquent in payment of city property taxes, water and sewer billing, or any other account or loan for which amounts are past due to the city, subject to verification by the city department of finance;

d.

Plans shall be submitted at a scale of not less than ¼ inch to the foot, showing the dimensions and square footage of all rooms and storage spaces and indicating the intended use of all rooms; and

e.

Adequate trash areas shall be provided for each multi-family residential building.

(4)

The conversion of a three-story building housing one or two families for the use of more than two families (see section 48-67 if converting from single to multi-family); provided, that:

a.

There shall be a lot area of not less than 600 square feet per family and a livable floor area, excluding common halls and stairways, of not less than 500 square feet per family;

b.

In the opinion of the zoning board of adjustment, the proposed activity will not adversely affect the character and future development of the neighborhood within which it is proposed to be located and such use will not increase motor vehicle parking problems and congestion in the neighborhood. The board in its determinations shall consider the cumulative effect on the availability of motor vehicle parking spaces particularly in light of all other existing uses within a radius of 300 feet of the proposed location;

c.

Applicants shall certify that they are not delinquent in payment of city property taxes, water and sewer billing, or any other account or loan for which amounts are past due to the city, subject to verification by the city department of finance;

d.

Plans shall be submitted at a scale of not less than ¼ inch to the foot, showing the dimensions and square footage of all rooms and storage spaces and indicating the intended use of all rooms; and

e.

Adequate trash areas shall be provided for each multi-family residential building.

(5)

Any building that had been designed for use as a single-family residence but has been converted to a multi-family use and has been vacant for one year or more shall not thereafter be used for multi-family use, but rather, shall be used only for single-family use.

(6)

Electric substation; provided, that:

a.

It shall be entirely enclosed within a building; and

b.

The proposed architectural treatment of the exterior of the building is such that it will be in harmony with its residential environment.

(7)

A parking lot accessory to a commercial use in an adjoining commercial district subject to the special requirements of such a use in R-2 districts under section 48-131(d)(3).

(8)

Moderate-intensity home occupation, subject to the special requirements of such a use in R-1 districts under section 48-131(d)(4).

(9)

Rooming houses; provided that:

a.

In order that there be adequate daily supervision of the safe and sanitary operations of any rooming house and its ongoing maintenance, as well as of any emergency situations that may arise, the owner of any rooming house shall be required to do one of the following and provide information of the same, to be kept current, to the department of licenses and inspections pursuant to the registration requirements of the housing code:

1.

The owner shall reside on the premises of the same building in which the rooming house is located or in an immediately adjacent building;

2.

The owner shall designate one of the tenants of the rooming house as the owner's agent who shall be responsible for daily supervision; or

3.

The owner shall designate such tenant and any other person to act together as the owner's agents for property management who shall be responsible for daily supervision.

b.

In the opinion of the zoning board of adjustment, the proposed activity will not adversely affect the character and future development of the neighborhood within which it is proposed to be located and such use will not increase motor vehicle parking problems and congestion in the neighborhood. The board in its determinations shall consider the cumulative effect on the availability of motor vehicle parking spaces particularly in light of all other existing uses within a radius of 300 feet of the proposed rooming house location;

c.

The board may limit the total number of persons permitted to occupy the proposed rooming house.

(10)

Utility-user connecting equipment subject to the special requirements of such use in R-1 districts under section 48-131(d)(3).

(11)

Medical practitioner's office or the professional office or studio of a similar sole-practitioner professional person, subject to the special requirements of such a use in R-3 districts under section 48-134(d)(8).

(12)

Group day care home as provided in section 48-131(d).

(13)

Bed and breakfast guest facility as provided in section 48-133(d).

(14)

An antenna that is proposed to be mounted to a building and concealed within an architectural element of the building, subject to the special requirements of such a use in R-1 districts under section 48-131(d)(7).

(e)

Accessory uses and buildings. The following accessory uses and accessory buildings incident to uses permitted by this section are permitted:

(1)

Any accessory use or accessory building permitted in R-3 districts under section 48-134(e); except that a private garage may accommodate six motor vehicles.

(2)

Other uses or buildings customarily incident to the uses permitted by this section.

(Code 1968, § 48-10; Ord. No. 92-028, § 2, 6-4-92; Ord. No. 02-095(sub 1), § 2, 12-12-02; Ord. No. 10-041(sub 1), § 5, 10-7-10; Ord. No. 14-030, § 2, 8-21-14)

(a)

Purpose. The R-5-A district, low density apartment houses, is designed to permit low-density garden apartment developments contiguous to one-family districts. The density of such developments is controlled by a floor area ratio and height of buildings is limited to three stories. This district includes the public housing projects of the Wilmington Housing Authority, which are typical of this kind of development.

(b)

Uses, etc., generally. In any R-5-A district no building or premises shall be used and no building shall be erected or altered, except as provided elsewhere in this chapter, which is arranged, intended or designed to be used except for one or more of the uses listed in the following subsections of this section.

(c)

Uses permitted as matter of right. The following uses are permitted as a matter of right:

(1)

Any use permitted in R-1 districts under section 48-131(c).

(2)

One-family row houses in groups of ten or less.

(3)

One-family semidetached dwellings.

(4)

Garden apartment developments; provided, that no more than 18 family units shall be provided in a single principal building; and further provided, that:

a.

The development is designed as a single unit with parking, access drives, courts, common service areas and landscaping integrated with the buildings.

b.

A plan of the development has been submitted to, and approved by, the city planning commission.

(5)

Hospital, other than one solely for infectious or contagious diseases, or drug or liquor addicts; charitable institutions which are not of a correctional nature or intended for the care of the mentally disabled.

(6)

Telephone central office, not to include storage of materials or trucks, maintenance of repair facilities, or housing of repair crews.

(7)

Public health or public community center; provided, that:

a.

No building in which such use is located shall extend within ten feet of the boundary of any R-1 district; and

b.

Each building in which such use is located shall be fully detached.

(8)

Private art gallery or museum; provided, that:

a.

No commercial activity is conducted therein; and

b.

Parking space sufficient to accommodate expected visitors shall be provided on the lot.

(9)

Bed and breakfast guest facility as provided in section 48-133(c).

(10)

Group home type II, subject to the conditions for group home type I uses as set forth in section 48-131(c)(11) and to the applicable provisions of section 48-2.

(11)

Neighborhood police station.

(d)

Uses permitted under zoning board of adjustment approval. The following uses are permitted if approved by the zoning board of adjustment as provided in article II, division 3 of this chapter, subject to the conditions specified below in each case:

(1)

Any use permitted in R-1 districts under section 48-131(d), subject to the conditions and special requirements thereof.

(2)

Electric substation; provided, that:

a.

It shall be entirely enclosed within a building; and

b.

Such use shall not adversely affect the use of neighboring property nor injure the character of the neighborhood.

(3)

Moderate-intensity home occupation, subject to the special requirements of such a use in R-1 districts under section 48-131(d)(4).

(4)

Medical practitioner's office or the professional office or studio of a similar sole-practitioner professional person, subject to the special requirements of such a use in R-3 districts under section 48-134(d).

(5)

Bed and breakfast guest facility as provided in section 48-133(d).

(e)

Accessory uses and buildings. The following accessory uses and accessory buildings incident to uses permitted by this section are permitted:

(1)

Any accessory use or accessory building permitted in R-1 districts under section 48-131(e).

(2)

A private garage for more than six motor vehicles accessory to a garden apartment.

(3)

Other uses or buildings customarily incident to the uses permitted by this section.

(Code 1968, § 48-11; Ord. No. 99-010(sub 1), § 1, 5-6-99)

(a)

Purpose. The R-5-A-1 district, low-medium density apartment houses, is designed primarily to permit low to medium density apartment developments contiguous to one-family districts and to include other residential and residentially compatible, institutional uses. Any R-5-A-1 district would serve to buffer one-family neighborhoods from more intensive residential and certain commercial uses. The density of uses in the district is controlled by the floor area ratio (FAR) and height of buildings is limited to five (5) stories as a matter of right.

(b)

Uses, etc., generally. In any R-5-A-1 district, no building or premises shall be used and no building shall be erected, or altered, except as provided elsewhere in this chapter, which is arranged, intended or designed to be used except for one or more of the uses listed in the following subsections of this section.

(c)

Uses permitted as matter of right. The following uses are permitted as a matter of right:

(1)

Any use permitted in R-4 districts under section 48-135(c).

(2)

Apartment houses without limit as to the number of families to be accommodated, excluding the conversion of one-family dwellings; provided, that:

a.

Areas used for parking shall be landscaped, fenced, or both, so as to screen such areas effectively year-round when they are otherwise visible from access streets and adjacent properties;

b.

All outdoor refuse collection areas for the temporary storage of refuse until collected by public or private refuse collectors shall be screened to the greatest extent possible from view from access streets and adjacent properties by a completely opaque screen; and

c.

Apartment units shall be located in detached apartment buildings.

(d)

Uses permitted under zoning board of adjustment approval. The following uses are permitted if approved by the zoning board of adjustment, as provided in article II, division 3 of this chapter, subject to the conditions specified below in each case:

(1)

Any use permitted in R-4 districts under section 48-135(d), with the exception of subsection (d)(2).

(2)

Ground floor commercial use in a corner property, subject to the special requirements for such use in R-3 districts under section 48-134(d)(6).

(3)

Educational TV station, including studios and offices.

(4)

Office, studio or place of business of a decorator, florist, optician, photographer, or similar activity, when operated in an apartment building, subject to the special requirements of any such use in R-5-B districts under section 48-138(d)(7).

(5)

Parking spaces accessory to an apartment house in an adjoining commercial or other residential district, subject to the special requirements for such parking space use in R-5-B districts under section 48-138(d)(5).

(e)

Accessory uses and buildings. The following accessory uses and accessory buildings incident to uses permitted by this section are permitted:

(1)

Any accessory use or accessory building permitted in R-4 districts under section 48-135(e).

(2)

Other uses or buildings customarily incident to the uses permitted by this section.

(Ord. No. 92-028, § 1(48-11.1), 6-4-92; Ord. No. 14-030, § 3, 8-21-14)

(a)

Purpose. The R-5-B district, medium-density apartment houses, is designed to accommodate medium-density elevator apartment houses with ample light and air at medium or high rentals. Density and yard controls would assure that they could adjoin one-family neighborhoods without impairing the value of homes therein. In some cases they would serve as buffers between one-family residence districts and commercial districts.

(b)

Uses, etc., generally. In any R-5-B district no building or premises shall be used and no building shall be erected or altered, except as provided elsewhere in this chapter, which is arranged, intended or designed to be used except for one or more of the uses listed in the following subsections of this section.

(c)

Uses permitted as matter of right. The following uses are permitted as a matter of right:

(1)

Any use permitted in R-4 districts under section 48-135(c).

(2)

Two-family dwelling.

(3)

Apartment house without limit as to the number of families to be accommodated provided that the building is not a converted single family dwelling.

(4)

Medical practitioner's office or the professional office or studio of a sole-practitioner lawyer, architect, engineer, musician, artist, teacher, real estate broker, registered nurse or other similar professional person, or a restaurant if operated in conjunction with an apartment house, including small announcement signs relating to such uses; provided, that it shall be located on the ground floor story or below and there shall be no exposed stairways on the exterior of such buildings and no other external effects and that one parking space per 150 square feet of office space shall be provided.

(5)

Hospital, other than one solely for infectious or contagious diseases, or drug or liquor addicts; charitable institutions which are not of a correctional nature or intended for the care of the mentally disabled.

(6)

A community garage, subject to the relevant provisions of section 48-477; provided, that:

a.

Each group of attached structures shall have a joint capacity of not more than eight motor vehicle spaces arranged in a row or surrounding a common means of access;

b.

No garage space shall face directly upon a street;

c.

Any street entrance or exit shall be at least 50 feet distant from the intersection of any two street lines; and

d.

Before the issuance of a building permit, the application for such a use shall be referred to the department of public works for review and report.

(7)

Groups of four attached houses known as quadriplex units, each having two adjoining walls on lot lines, within urban renewal project areas subject to a plan adopted under 31 Del. C. ch. 45 (31 Del. C. § 4501 et seq.), the slum clearance and redevelopment law. Such units shall be exempt from the rear yard requirement of section 48-155(a) and from one of the two side yard requirements of section 48-156(a).

(8)

Public health or public community center.

(9)

Municipal police station, specifically including neighborhood police station.

(10)

An antenna mounted at a minimum height of ten stories or 100 feet in height above ground level to a rooftop or appurtenant structure located on a building rooftop, such as a penthouse, chimney or mechanical equipment; provided that, such antenna conforms with all relevant provisions of article XI, division 4 and any regulations promulgated in furtherance thereof.

(d)

Uses permitted under zoning board of adjustment approval. The following uses are permitted if approved by the zoning board of adjustment as provided in article II, division 3 of this chapter, subject to the conditions specified below in each case:

(1)

A private club or lodge subject to the special requirements of such a use in R-2 districts under section 48-132(d)(2).

(2)

A funeral home, subject to the off-street parking requirements of section 48-444; and further provided, that:

a.

The minimum area of the lot upon which such use is located shall be 10,000 square feet;

b.

Accessory private garage space shall be provided on the lot to accommodate all vehicles used in the business and housed on the site;

c.

A loading berth shall be provided for each 5,000 square feet of gross floor area or fraction thereof;

d.

The proposed use will not adversely affect the character of the neighborhood within which it is proposed to be located.

(3)

Electric substation subject to the special requirements of such a use in R-5-A districts under section 48-136(d)(2).

(4)

A parking lot accessory to a commercial use in an adjoining commercial district subject to the special requirements of such a use in R-2 districts under section 48-132(d)(3).

(5)

Parking spaces accessory to an apartment house in an adjoining commercial district; provided, that:

a.

They shall conform with all relevant provisions of article XI, division 3 of this chapter;

b.

Such use shall not be detrimental to the character of the neighborhood; and

c.

Before taking final action on an application for such use, the zoning board of adjustment shall submit the application to the department of public works for review and report.

(6)

Moderate-intensity home occupation, subject to the special requirements of such a use in R-1 districts under section 48-131(d)(4).

(7)

The office, studio or place of business of a decorator, florist, optician, pharmacist, portrait painter, photographer or similar activity, when operated in conjunction with an apartment house, including small announcement signs relating to such uses; provided, that it shall be located on the ground floor story or below and there shall be no exposed stairways on the exterior of such building; and further provided, that:

a.

The minimum area of the lot upon which such a combination use is located shall be at least 10,000 square feet;

b.

Accessory private garage space shall be provided on the lot to accommodate all vehicles used in the activity and housed on the site;

c.

In addition to the requirements of subsection (a) of section 48-443, accessory off-street parking shall be provided on the lot in the ratio of two square feet of space for each one square foot of floor area devoted to such activity;

d.

The proposed activity will not adversely affect the character of the neighborhood within which it is proposed to be located. The zoning board of adjustment shall refer each application for exception under this section to the city planning commission for its determination as to the effect of the proposed activity on the adjacent neighborhood.

(8)

Medical office or professional office of a psychologist, lawyer, architect, engineer, musician, artist, teacher, real estate broker, registered nurse or other similar professional person; provided, that there shall be not less than three parking spaces for each such professional practitioner using an office in any such building. This subsection (8) shall apply only to a building which is converted from a previous nonresidential or institutional use to use as a professional office building.

(9)

Rooming houses subject to the requirements for such uses in R-4 districts as provided in section 48-132(d)(8).

(10)

Utility-user connecting equipment subject to the special requirements of such use in R-1 districts under section 48-131(d)(3).

(11)

Group day care home as provided in section 48-131(d).

(12)

Bed and breakfast guest facility as provided in section 48-133(d).

(13)

Apartment house created by the conversion of a one-family dwelling or a two-family dwelling for the use of additional families if there is a lot area of not less than 1,000 square feet per family and each apartment or dwelling unit shall consist of not less than 600 square feet of livable floor area, excluding common halls and stairways provided (see section 48-67 if converting from single to multi-family), that:

a.

In the opinion of the zoning board of adjustment, the proposed activity will not adversely affect the character and future development of the neighborhood within which it is proposed to be located and such use will not increase motor vehicle parking problems and congestion in the neighborhood. The board in its determinations shall consider the cumulative effect on the availability of motor vehicle parking spaces particularly in light of all other existing uses within a radius of 300 feet of the proposed location;

b.

Plans shall be submitted at a scale of not less than ¼ inch to the foot, showing the dimensions and square footage of all rooms and storage spaces and indicating the intended use of all rooms;

c.

Applicants shall certify that they are not delinquent in payment of city property taxes, water and sewer billing, or any other account or loan for which amounts are past due to the city, subject to verification by the city department of finance; and

d.

Adequate trash areas shall be provided for each multi-family residential building.

(14)

An antenna that is proposed to be mounted to a building and concealed within an architectural element of the building, subject to the special requirements of such a use in R-1 districts under section 48-131(d)(7).

(15)

A facade mounted antenna on a tiered building; provided, that:

a.

The antenna is proposed for mounting at a minimum height of ten stories or 100 feet in height above ground level;

b.

The antenna is proposed for installation on the recessed facade of the upper stories; and

c.

The antenna conforms with all relevant provisions of article XI, division 4 and any regulations promulgated in furtherance thereof.

(e)

Accessory uses and buildings. The following accessory uses and accessory buildings incident to uses permitted by this section are permitted:

(1)

Any accessory use or accessory building permitted in R-4 districts under section 48-135(e).

(2)

Other uses or buildings customarily incident to the uses permitted by this section.

(Code 1968, § 48-12; Ord. No. 99-010(sub 1), § 1, 5-6-99; Ord. No. 02-095, § 3, 12-12-02; Ord. No. 04-006, § 1, 4-1-04; Ord. No. 10-041(sub 1), § 6, 10-7-10; Ord. No. 14-030, § 4, 8-21-14)

(a)

Purpose. The R-5-C district, high-density apartment houses, is designed to encourage large high-rise apartment houses in those locations where relatively high land values and convenience to downtown areas would make such buildings the best economic use of the land. They would, in general, be located on the edges of the C-4 district and where they would not immediately adjoin one-family residence districts.

(b)

Uses, etc., generally. In any R-5-C district, no building or premises shall be used and no building shall be erected or altered, except as provided elsewhere in this chapter, which is arranged, intended or designed to be used except for one or more of the uses listed in the following subsections of this section.

(c)

Uses permitted as matter of right. The following uses are permitted as a matter of right:

(1)

Any use permitted in R-5-B districts under section 48-138(c), subject to the conditions and special requirements thereof.

(d)

Uses permitted under zoning board of adjustment approval. The following uses are permitted if approved by the zoning board of adjustment as provided in article II, division 3 of this chapter, subject to the conditions specified below in each case:

(1)

Any use permitted in R-5-B districts under section 48-138(d), subject to the conditions and special requirements thereof.

(2)

Sale of the following convenience commodities and services, as accessory uses and appropriate adjuncts to an apartment house, which are designed to serve the tenants' daily living needs: foods, drugs, sundries and personal services; provided, that:

a.

Such uses are limited to the main floor of the building or below;

b.

There is no direct entrance thereto from the outside of the building;

c.

No part of such adjunct or the entrance thereto is visible from a sidewalk;

d.

No sign or display indicating the existence of such adjunct is visible from the outside of the building; and

e.

The adjuncts authorized under this subsection (2) are intended to supply tenants of the apartment house with commodities and services supplementary to those in established commercial districts.

(e)

Accessory uses and buildings. The following accessory uses and accessory buildings incident to uses permitted by this section are permitted:

(1)

Any accessory use or accessory building permitted in R-5-B districts under section 48-138(e).

(2)

Other uses or buildings customarily incident to the uses permitted by this section.

(Code 1968, § 48-13; Ord. No. 10-041(sub 1), § 7, 10-7-10)

(a)

Generally. Except as specified in the following subsection of this section, the height of a building or structure hereafter erected or altered in respect to height in a residence district shall not exceed that given in the following table:

(b)

Exceptions. The height of a building or structure as specified in subsection (a) of this section may be exceeded in the following instances:

(1)

A public school, any other public building except a recreation building in a park, playground or athletic field, a parochial school, church, private club or lodge, college or university, hospital or charitable institution may, where permitted in an R-1, R-2, R-2-A, R-3, R-4 or R-5-A district under division 2 of this article, be erected to a height of four stories or 60 feet; provided, that if in an R-1 or R-2 district, it shall be set back from every street line by not less than five feet more than is required under section 48-154.

(2)

A dome, spire, cupola, belfry, chimney or pinnacle serving as an architectural embellishment may be erected in any district to a height in excess of that authorized in subsection (a) of this section and subsection (1) of subsection (b) of this section for the district in which it is located; provided, that the aggregate area of the bases of all such structures does not exceed 25 percent of the ground floor area of the building.

(3)

In any district, the provisions of this section do apply to flagstaffs, water tanks or towers or hose towers; provided, that no part of any such structure shall extend to within 30 feet of any street line or party lot line.

(4)

In any R-4, R-5-A, R-5-A-1 or R-5-B district the provisions of this section do not apply to roof bulkheads, elevator or stairway enclosures, or structures housing air conditioning equipment or machinery; provided, that all such structures are set back at least five feet from the exterior walls of the building and the aggregate area of the bases of all such structures does not exceed 35 percent of the ground floor area of the building.

(5)

In any district, the provisions of this section do not apply to a conventional television antenna attached to a building. In any district, the height limitations of this section may be exceeded by up to 15 feet for a satellite television antenna and for an amateur radio antenna, minor structure, if roof-mounted or otherwise anchored to a building, except that in R-5-C districts, any such antenna so anchored may exceed the actual height of the building by up to 15 feet. The height limitations of this section may be exceeded by an amateur radio antenna, subject to the provisions of article XI, division 20.

(6)

Any emergency sirens included in the city-wide emergency warning system that are installed and operated by the office of emergency management in accordance with chapter 7 of the City Code.

(Code 1968, § 48-14; Ord. No. 92-028, § 2, 6-4-92; Ord. No. 04-082(sub 1), § 1, 12-9-04)

(a)

Generally. Except as prescribed in the following subsections of this section, the minimum dimensions of a lot in a residence district shall be as given in the following table:

_____

(b)

Exceptions—Certain improved lots. In the case of a lot with a dwelling on it as of March 8, 1962 but with an area of lot or width of lot less than that prescribed in subsection (a) of this section for the district in which it is located, such dwelling may be altered; provided, that the same residential use is maintained, or a new building erected thereon, provided, that it complies with all other provisions of this chapter.

(c)

Same—Certain unimproved lots. In the case of a lot unimproved as of March 8, 1962 and not adjoining either another unimproved lot or an improved lot controlled by the owner of the lot in question, a building may be erected thereon if both the area of the lot and the width of lot are at least 80 percent of that prescribed in subsection (a) of this section for the district in which it is located; provided, that it complies with all other provisions of this chapter with the exception of off-street parking requirements for new construction of one-family and two-family dwellings, but if such off-street parking is provided, it shall be constructed in accordance with the provisions of article XI, division 3 of this chapter.

(Code 1968, § 48-15; Ord. No. 92-028, § 2, 6-4-92)

The maximum permitted floor area ratio in a residence district shall be as given in the following table:

(Code 1968, § 48-16; Ord. No. 92-028, § 1, 6-4-92)

(a)

Generally. Except as provided in section 48-473 and the following subsections of this section, each story or part of a building in a residence district shall be set back from the street line so as not to project beyond the building setback line established by the following table:

(b)

Exceptions—Existing average setback. If within 100 feet of the side lot lines of the lot in question and within the same block front and within the same zoning district or, if within part of a different zoning district that is a more restrictive one, the average setback of existing buildings or their corresponding stories or parts is less than the setback required for a proposed building by subsection (a) of this section, such proposed building need not be set back any further than such average setback.

(c)

Same—Steps and porches generally. Uncovered steps, or a one-story open porch or enclosed porch may project not more than ten feet beyond the building setback line in an R-1, R-2 or R-2-A district and not more than eight feet in an R-3, R-4, R-5-A, R-5-A-1, R-5-B or R-5-C district.

(d)

Same—Porches on apartment houses. In an R-5-A, R-5-A-1, R-5-B or R-5-C district, if approved by the zoning board of adjustment as provided in article II, division 3 of this chapter, a multistory open porch or enclosed porch may be constructed on the front of an apartment house, subject to the conditions specified below in each case:

(1)

It shall project not more than eight feet beyond the building setback line;

(2)

The railings of porches above the first story shall extend not less than 36 inches above the porch floor; and

(3)

It shall not impair the usefulness of adjoining property or detract from the character of the neighborhood.

(e)

Same—Certain steps, retaining walls, fences and railings. The provisions of this section shall not apply to any step or retaining wall which is less than one foot high above the ground or to any fence or railing which is less than one-fourth solid and less than four feet above the ground.

(f)

Corner lots. In the case of a corner lot, the building setback line along the side street shall be determined by the side yard requirements on a corner lot as established by section 48-156.

(g)

Fire escapes. No fire escape shall be permitted to be located on, along, or attached to any side of any building or structure that faces the right-of-way along any street line; provided, that a fire escape may be so located and face the right-of-way along a street line if such placement has been determined to be necessary for use by the occupants of the building or structure in an emergency and has been specifically approved for the same by the commissioner of licenses and inspections.

(Code 1968, § 48-17; Ord. No. 92-028, § 1, 6-4-92)

(a)

Generally. A rear yard shall be provided on every lot in a residence district, the minimum depth of which shall be as prescribed in the fol-lowing table, subject to the special provisions of the succeeding subsections of this section:

(b)

Exceptions—Generally. If the depth of the lot is less than 100 feet as of March 8, 1962, the required depth of a rear yard in an R-1, R-2, R-2-A, R-3 or R-4 district shall be decreased one-half of such deficiency; provided, that no rear yard depth less than 15 feet shall be permitted and that no rear yard depth greater than 50 feet shall be required.

(c)

Same—Through lots. In the case of a through lot, no rear yard is required, but each street frontage shall be subject to the building setback line required under section 48-154 for the district in which it is located.

(d)

Same—Chimney. A chimney may project not more than 30 inches into the required yard.

(Code 1968, § 48-18; Ord. No. 92-028, § 1, 6-4-92)

(a)

Generally. Side yards shall be provided on lots in residence districts as prescribed in the following table, subject to the special provisions of the succeeding subsections of this section:

(b)

Exceptions—R-3 and R-4 districts. In an R-3 or R-4 district a detached building shall have two side yards each not less than five feet in width and a semidetached building shall have one side yard not less than five feet in width.

(c)

Same—Corner lots. In the case of a corner lot, a side yard shall be provided along the side street line with a minimum width as required by the following table:

(d)

Same—Certain buildings more than three stories high. In the case of a building more than three stories in height in an R-5-A-1, R-5-B or R-5-C district located on a lot adjoining an R-1, R-2, R-2-A, R-3, R-4 or R-5-A district, the side yard along the side lot line coinciding with the district boundary shall be as required under subsection (a) of this section; except, that in no case shall it be less than eight feet in width.

(e)

Same—Chimney. A chimney may project not more than 30 inches into the required yard.

(Code 1968, § 48-19; Ord. No. 92-028, § 2, 6-4-92)

(a)

Generally; minimum dimensions. Whenever any room in which one or more persons live, sleep, work or congregate cannot be adequately lighted or ventilated from the street, a front yard, a side yard, or a rear yard, an open space in the form of a court shall be provided and shall have the minimum dimensions specified below:

(1)

The width of a court at its lowest level shall be not less than four inches for each foot of height or fraction thereof in the case of an outer court, and eight inches for each foot of height or fraction thereof in the case of an inner court, but in no case less than ten feet. In each case the height of the court shall be measured from the top of the sills in the lowest windows facing on the court to the highest portion of the adjoining walls.

(2)

The cross-sectional area of a court shall not be less than twice the square of the required width of the court.

(b)

Maximum dimensions. The dimensions of any court shall not exceed those specified below:

(1)

The length of any court shall not exceed twice the width of the court.

(2)

In any court, the length of any corner cut-off shall not exceed two-thirds of the minimum permitted width of the court.

(Code 1968, § 48-20)