(A) Permitted uses. No building, structure, or land shall be used or occupied and no building or structure shall hereafter be erected, constructed, reconstructed, moved, expanded, or enlarged except for the following uses:
(1) Single unit dwellings as regulated in divisions (C) through (I) below;
(2) All uses permitted in the R-1 District, subject to the regulations set forth therein;
(3) Two-family dwellings, duplex;
(4) Tourist homes/bed and breakfast inns;
(5) Clubs and lodges;
(6) Doctor’s and professional offices;
(7) Nursing and convalescent homes;
(8) Funeral homes;
(10) Public schools, colleges and universities, and private academic schools, all subject to the provisions of § 152.028 and the provisions of Article IV, Sections 3 through 9;
(13) Temporary buildings used during construction, and including storage of building materials and equipment, for a period not to exceed the duration of such construction; and/or
(14) Accessory uses and structures as regulated in § 152.033.
(B) Special uses subject to approval by the Board of Zoning Appeals. The following uses shall be allowed in R-2 Residential Zone when approved by the Board of Zoning Appeals under the established procedures in § 152.111, and subject to the provisions herein specified:
(1) Charitable institutions provided buildings or structures placed thereon meet the provisions of § 152.027 and the provisions of divisions (C) through (I) below;
(2) Hospitals and clinics provided that the premises upon which they are built shall be a minimum two acres in area, and all uses and buildings or structures placed thereon shall be at least 40 feet from any side and rear property line and shall meet the provisions of divisions (D) and (H) below;
(3) Cemeteries provided the site for a cemetery is a minimum of ten acres in area, and all buildings placed thereon shall be at least 100 feet from any side and rear property line and shall meet the provisions of divisions (D) and (H) below;
(4) Nursery schools and child care centers subject to the performance standards contained in § 152.117, and provided all uses and buildings or structures placed thereon shall meet the provisions of divisions (C) through (I) below;
(5) Home occupations subject to the performance standards contained in § 152.115, and provided all uses and buildings or structures placed thereon shall meet the provisions of divisions (C) through (I) below;
(6) Accessory dwelling provided the floor area of the accessory dwelling be not less than 300 square feet and provided the additional off-street parking requirements are met in accordance with § 152.076(E);
(7) Planned Unit Development (PUD) subject to the performance standards contained in § 152.114. All uses and buildings or structures placed thereon shall meet the provisions of divisions (D) and (H) below; and
(8) Multi-family dwellings subject to the requirements and approval of the State Administrative Building Council and divisions (C) through (G) below. The Board of Zoning Appeals shall impose additional setback restrictions, size, height, and off-street parking as set out in division (K) below.
(C) Lot width, frontage and area. The width and street frontage of a lot shall be a minimum of 60 feet at the building line and there shall be a minimum of 7,500 square feet in area, exclusive of rights-of-way. Whenever public sewer and/or water facilities are not available and no unit sanitary sewer is available, the Board of Health requirements for lot area shall prevail, but shall be not less than 7,500 square feet in area, exclusive of rights-of-way. The lot area shall be used to determine the amount of lot coverage allowed in accordance with § 152.022.
(D) Front yard setback - all lots. There shall be a front yard setback of a minimum of 20 feet in depth measured from the right-of-way line to the front wall of the building.
(E) Side yard setback - interior lots. There shall be two side yard setbacks of an interior lot, each being a minimum ten feet in width measured at right angles to the side property line.
(F) Side yard setback - corner lots. There shall be two side yard setbacks of a corner lot. The side yard adjoining the street shall be a minimum of 20 feet in depth measured from the right-of-way line to the side wall of the building. The side yard adjoining the adjacent property shall be a minimum of ten feet in width measured at right angles to the side property line.
(G) Rear yard setback - all lots. There shall be a rear yard setback of a minimum 20 feet in depth measured from the rear property line to the rear wall of the building.
(H) Height. No building or structure shall exceed 30 feet in height.
(I) Minimum floor area and building width. The minimum floor area of any dwelling shall be not less than 950 square feet per dwelling unit, exclusive of garages, carports, open porches, or breezeways. The dimensions of the dwelling shall be not less than 20 feet in width nor less than 24 feet in depth. A double or duplex may be built with no less than 720 square feet per dwelling unit.
(J) Percentage of lot coverage. All buildings including accessory buildings shall not cover more than 50% of the area of the lot.
(K) Multi-unit development.
(1) Definition. A MULTI-UNIT DEVELOPMENT shall mean residential development consisting of three or more units, where the intended development will be designed under one site plan.
(2) Zones in which permitted. A multi-unit development may be permitted in the R-2 Residence Zone.
(3) Purpose. The purpose of a multi-unit development is to provide for a site plan review of larger residential developments to promote future growth in accordance with the comprehensive plan. The site plan review is to ensure new developments are furnished with adequate facilities and services, such as utilities, access roads, ingress and egress to minimize traffic congestion, and drainage; to ensure that adjacent areas are not affected in a substantially adverse manner; and to generally carry out the purpose of this chapter.
(4) Procedure. An application for a multi-unit development shall be filed with the Board of Zoning Appeals under the established rules and procedures for a special use request as specified by this chapter. The application shall include the following items:
(a) Location and size of the area involved;
(b) Density of land use;
(c) Location, function, ownership, and manner of maintenance of common open space;
(d) Use, approximate height, bulk, and location of buildings and other structures;
(e) Feasibility of proposals for the disposition of sanitary and storm water;
(f) Covenants, grants, and easements to be placed on the use of the land and buildings;
(g) Provisions for parking of vehicles and the location and width of proposed streets;
(h) Relationship of proposed streets to streets in the proximity of the development; and
(i) Schedule of construction and a written statement of how the development would be consistent with residential growth.
(5) Standards and conditions. In considering an application for a multi-unit development, the Board may impose conditions to carry out the intent of this section and this chapter. These conditions may include, but are not limited to, the following type of provisions:
(a) Off-street parking and loading areas;
(b) Refuse and service areas;
(c) Special screening and buffering with reference to type, dimensions, and character of same;
(d) Signs and proposed exterior lighting with reference to glare, traffic safety, economic effect and compatibility and harmony with adjacent properties;
(e) Additional setback distances, yards, and other open space with reference to areas, as needed, to be set aside for open recreational or landscaped areas at a recommended ratio of 100 square feet per unit;
(f) General compatibility with adjoining properties, with reference to site development standards designed for mutual protection and environmental harmony;
(g) Establishment of unit owner facilities or accessory facilities such as swimming pools, club house, office, laundry unit, and storage areas;
(h) Fire protection requirements. Alarms, smoke alarms, sprinklers, and other considerations may be imposed; and
(i) Consideration of zero lot line developments, condominium, and other types of multi-family developments shall be made.
(Ord. 1991-07, passed 1-7-1991) Penalty, see § 10.99