§ 214.036 PURPOSE.

The purpose of this subchapter is to establish two (2) districts in which single-family residential use may take place, and to identify other compatible allowable uses, as well as transitional uses and Use Variances which may be allowed under certain circumstances and with limitations as identified hereinafter.



§ 214.037 PERMITTED USES IN R-1A AND R-1 RESIDENCE DISTRICTS.
The following listed uses and no others are permitted uses in R-1A and R-1 districts:

(A) Residential uses as follows:

(1) One-family detached dwellings, including models

(2) Planned unit developments, residential as set forth in §§ 214.190 through 214.201, including models.

(B) Community service uses as follows:

(1) Churches, rectories and parish houses.

(2) Parks, playgrounds and community centers and other recreational uses publicly or privately owned and operated.

(3) Public and parochial schools and ancillary buildings.

(4) Public electric, gas, water and telephone facilities.

(5) Public libraries.

(C) Miscellaneous uses as follows:

(1) Open Space uses, including gardening and nursery operations, provided that no offensive odor or dust is created and there is no sale of products produced on the premises, but not including the raising of poultry or livestock. No stand or building for retailing of products shall be permitted.

(2) Temporary real estate offices in conjunction with a new housing or subdivision development, limited to the selling or renting of new units in such developments and in no case to be operated for more than one (1) year following the completion of construction of such housing development. The Building Commissioner shall have the authority to grant reasonable extensions to this time limit.

(D) Uses incidental to principal permitted uses as follows:

(1) Accessory uses, as set forth in §2146.00(F)(5).

(2) Home occupations, as defined in §214.007.

(3) Signs as permitted in §§ 214.245 through 214.255.

(4) Temporary buildings for construction purposes, for a period of time not to exceed the duration of such construction.

(5) Sale of personal property owned by the occupant of a residence located on the same property as defined in 214.008 Definition of Garage Sales.

§ 214.038 TRANSITIONAL USES IN R-1A AND R-1 RESIDENCE DISTRICTS.

In R-1A and R-1 districts, the following uses are permitted when located on a lot not over three hundred (300) feet in width measured along said lots frontage, which adjoins at a side or rear lot line or is separated only by an alley or public easement at a side lot line from property in a business or Industrial district, a railroad right-of-way, or utility station, tower, or detention or retention pond, or drainage ditch.

(A) Principal offices of professional persons for the practice of medicine, law, dentistry, architecture, engineering and similar professions; provided, that each such office is situated in the same dwelling unit as the home of the occupant, with not more than two (2) persons other than members of the occupants’ immediate family being employed thereby. The residential character of the exterior of the building shall be entirely maintained except for permitted accessory signs as provided for in §§ 214.245 through 214.255.

(B) Commercial greenhouses for passive wholesale use; provided said use shall include no outdoor storage nor retail sales.



§ 214.039 USE VARIANCES IN R-1A AND R-1 RESIDENCE DISTRICTS.

In R-1A and R-1 districts, Use Variances may be allowed only in accordance with the limiting conditions and procedures as set forth in §214.319.



§ 214.040 PROPERTY DEVELOPMENT STANDARDS.

(A) Minimum lot size in a R-1A Residence District. Minimum lot size requirements for an R-1A district are as follows:

(1)

(a) Every one-family detached dwelling hereafter erected and every transitional use permitted in this zoning district hereafter established shall be on a zoning lot having a minimum area of ten thousand four hundred (10,400) square feet and a minimum width of eighty (80) feet at the building line, and a lot depth of one hundred thirty (130) feet. A lot of record existing on the effective date of this chapter which is less than ten thousand four hundred (10,400) square feet in area or less than eighty (80) feet in width, or one hundred thirty (130) feet in depth may only be improved by a variance from the Board of Zoning Appeals.

(b) However when such lot of record is less than fifty (50) feet in width at the building line, and is in the same ownership on or after the effective date of this chapter, has an adjoining unimproved lot on the same street, it shall not be improved with a residential use unless both lots are combined as a single zoning lot for this purpose or unless further resubdivision produces the requisite eighty (80) foot minimum lot width.

(2) Other, nonresidential permitted uses listed in this district hereafter established shall be on a zoning lot having a minimum area of Ten thousand-four hundred (10,400) square feet and a minimum lot width of eighty (80) feet at the building line.

(B) Minimum floor area in an R-1A residence district. No dwelling may be established, erected or changed so that its floor area exclusive of basements, terraces, unenclosed porches and garages in square feet, is less than prescribed below:

(C) Minimum lot size in an R-1 residence district. Minimum lot size requirements for an R-1 district are as follows:

(1)

(a) Every one-family detached dwelling hereafter erected and every transitional use permitted in this zoning district hereafter established shall be on a zoning lot having a minimum area of eight thousand four hundred (8,400) square feet and a minimum width of seventy (70) feet at the building line, and a minimum lot depth of one hundred twenty (120) feet. A lot of record existing on the effective date of this chapter which is less than eight thousand four hundred (8,400) square feet in area or less than seventy (70) feet in width, or one hundred twenty (120) feet in depth may only be improved by a variance from the Board of Zoning Appeals.

(b) However when such lot of record is less than fifty (50) feet in width at the building line, and is in the same ownership on or after the effective date of this chapter has an adjoining unimproved lot on the same street, it shall not be improved with a residential use unless both lots are combined as a single zoning lot for this purpose or unless further resubdivision produces the requisite seventy (70) foot minimum lot width.

(2) The regulations governing nonresidential permitted uses minimum lot size as set forth in division (A)(2) of this section shall apply.

(3) The regulations governing Use Variances minimum lot size as set forth in division (A)(2) of this section shall apply.

(D) Minimum Floor Area in an R-1 residence district. No dwelling may be established, erected or changed so that its floor area, exclusive of basements, terraces, unenclosed porches, and garages in square feet, is less than prescribed below:

(E) Maximum floor area ratio in R-1A and R-1 residence districts. In R-1A and R-1 districts, the floor area ratio of all buildings and structures on a zoning lot shall not exceed 0.5.

(F) Maximum building coverage in R-1A and R-1 residence districts. In R-1A and R-1 districts, the maximum building coverage on a zoning lot shall not exceed thirty-five (35) percent.

(G) Minimum front yards in R-1A and R-1 residence districts. Minimum front yard requirements for R-1A and R-1 districts are as follows:

(1) On every zoning lot a front yard shall be provided. Such front yard is determined by the front of the residence, and cannot be altered once determined. In no case shall such front yard be less in depth than thirty (30) feet in an R-1A district, and thirty (30) feet in an R-1 district. The required minimum front yard shall be extended, but not more than fifty (50) feet where lots comprising forty (40) percent of the frontage on the same street and within the same block are developed with buildings having front yards greater than the setback requirement, and with a variation of not more than ten (10) feet deep. The average of such front yards shall establish the minimum front yard depth for the entire frontage of such street within the same block.

(2) For buildings exceeding twenty-five (25) feet in height, the minimum front yard determined in division (G)(1) above shall be increased by one (1) foot for each two (2) feet or fraction thereof by which the building height exceeds twenty-five (25) feet, but in no case shall a front yard of more than forty (40) feet be required.

(3) Required front yards shall be unobstructed from ground level to sky except as otherwise provided in § 214.006(G)(5).

(H) Minimum side yards in R-1A and R-1 residence districts. Minimum side yard requirements for R-1A and R-1 districts are as follows:

(1) For one-family detached dwellings. On a lot improved with a one-family detached dwelling , a side yard shall be provided along each side lot line. No side yard shall be less than eight (8) feet in width in an R-1A district, and seven and one half (7.5) feet in width in an R-1 district.

(2) Reversed corner lots. On a reversed corner lot the side yard adjacent to the street shall not in any case be less than twenty (20) feet in width.

(3) Required side yards. Required side yards shall be unobstructed from ground level to sky, except as otherwise provided in § 214.006(G)(5), and except for privacy screens not over six (6) feet above the average level of the adjoining ground. Such privacy shall begin not nearer than five (5) feet from the front of the house and may extend not more than five (5) feet beyond the rear of the house.

(I) Minimum rear yards in R-1A and R-1 residence districts. Minimum rear yard requirements in R-1A and R-1 districts are as follows:

(1) On every zoning lot a rear yard shall be provided. Such rear yard shall be not less in depth than two-thirds (2/3) of the building height, but in no case less than twenty (20) feet.

(2) Required rear yards shall be unobstructed from ground level to sky, except as otherwise provided in§ 214.006(G)(5).

(3) Required rear yards on reversed corner lots: When the residence faces the long lot dimension, and the required rear yard abuts the neighboring side yard, the required rear yard shall be treated as a side yard.

(J) Maximum Building Height in R-1A and R-1 residential districts. The maximum building height permitted in a R-1A and R-1 residential district is thirty-five (35) feet.