(A) Description of district. This district is the most restrictive of the residential districts and is composed of certain quiet, low-density residential areas of the village plus certain open areas where similar residential development appears likely to occur. It is the intent of this district to provide for an environment of predominantly low-density single unit dwellings plus certain additional uses such as schools, parks and certain public facilities which serve the residents living in the district. All commercial activities including room renting or other home occupations are prohibited.
(B) Uses permitted. No land shall be used or occupied and no building, structure or premises shall be erected, altered, enlarged, occupied or used, except as otherwise provided in this chapter, for other than one or more of the following specified uses:
(1) Residential uses:
(a) Single-family detached dwellings.
(b) Small community residence, provided that the residence's sponsoring agency and/or owner must first obtain an administrative occupancy permit prior to establishing a small community residence. No dwelling unit shall be occupied by a small community residence until a certificate of occupancy has been issued by the Village Administrator.
1. No certificate of occupancy shall be issued for a small community residence unless:
a. The small community residence is located at least 1,000 feet from any other community residence, as measured from lot line to lot line; and
b. The applicant demonstrates that it has either obtained or is eligible for state or local licensing or certification to operate the proposed small community residence or that the proposed small community residence is licensed or certified or eligible for licensing or certification.
2. The Village Administrator may revoke a certificate of occupancy for a small community residence if its license or certification, or the operator/owner's license or certification to operate community residences is revoked or not issued within a reasonable period of time. An administrative certificate of occupancy is not transferable to another operator/owner or to another location.
(2) Public, quasi-public, and governmental buildings and facilities, such as but not limited to:
(a) Public parks, public playgrounds, public golf courses and public community center buildings.
(b) Public and parochial schools.
(c) Public libraries, in conjunction with schools.
(d) Parish houses and convents, in conjunction with schools.
(e) Essential services - gas regulator stations, telephone exchanges, electric substations.
(1) Similar and compatible uses to those allowed as permitted uses in this district.
(2) Churches and other places of worship, provided that the property for the use fronts on a primary or secondary thoroughfare so designated in the comprehensive plan.
(3) Country clubs, tennis clubs, swimming pools, and similar recreational uses.
(4) Planned unit developments.
(5) Small community residences located within 1,000 feet of another community residence, as measured from lot line to lot line.
(6) Large community residences.
(D) Temporary permit uses permitted. The following uses may be operated as temporary uses, provided compliance with § 156.201:
(1) Temporary building or yard for construction materials and/or equipment, both incidental and necessary to construction of a permitted or special use on the property or within the same development project. Each permit shall specify the location of the building or yard and the area of
permitted operation. Each such permit shall be valid for a period of not more than six calendar months and shall not be renewed for more than four successive periods at the same location.
(2) Temporary office, both incidental and necessary for the sale or rental of real property. Each permit shall specify the location of the office and the area of permitted operation. Each such permit shall be valid for a period of not more than one year and shall not be renewed for more than five successive periods at the same location.
(3) Real estate subdivision sign not to exceed 100 square feet for each face. Sign shall be nonilluminated. Each permit shall specify the location of the sign. Each such permit shall be valid for a period of not more than one year and shall not be renewed for more than five successive periods at the same location.
(4) Trailer, to be used during the construction of a residence by the trailer owner and not to exceed one year.
(E) Accessory uses permitted. Accessory uses, buildings or other structures customarily incidental to and commonly associated with a principal or conditional permitted use may be permitted, provided that they are in accordance with § 156.023, do not include structures or structural features inconsistent with the permitted use, and do not involve the conduct of any business, trade or industry. Accessory uses may include, but are not limited to:
(1) Carports, or other parking spaces for the exclusive use of residents or occupants of the premises.
(2) Living quarters for persons employed on the premises and not rented or otherwise used as a separate dwelling.
(3) Swimming pools exclusively for the use of the residents and their guests and set back from every property line at least ten feet.
(4) Real estate signs not exceeding 12 square feet for each face and set back from every property line at least ten feet.
(5) Gardening (the raising of vegetables and fruits) and keeping of household pets exclusively for the use or personal enjoyment of residents of the premises and not for commercial purposes.
(6) Home occupations.
(7) One shed or accessory storage building not to exceed 180 square feet in size and no more than 15 feet in height. All sheds or accessory storage buildings must be of the same or similar building material and color of the principal building.
(F) Prohibited uses. All uses not expressly authorized in divisions (B), (C), (D) and (E) of this section, including but not limited to:
(1) Mobile homes.
(2) Hotels and motels.
(3) Commercial uses.
(4) Industrial uses.
(5) Signs and billboards.
(7) Roomers and boarders.
(8) Air-inflated and air-supported structures, excluding temporary inflatable playground structures.
(9) Sexually oriented businesses, as defined in Chapter 115.
(10) Detached garages.
(G) Site and structure requirements.
(1) Minimum lot area.
(a) Where a private sewerage disposal system with private well water supply are utilized, separate minimum ground area in accordance with the ordinances and regulations of the County Health Department in effect from time to time, but in no event less than 15,000 square feet, shall be designated, provided and continuously maintained for each residential lot used for a permitted or special use.
(b) Where central public water supply together with either private sewerage disposal system or central public disposal system is utilized, a separate minimum ground area in accordance with the ordinances and regulations of the County Health Department in effect from time to time, but in no event less than 12,000 square feet, shall be designated provided and continuously maintained for each residential lot used for a permitted or special use, provided that in any subdivision there shall not be less than 13,000 square feet.
(2) Minimum lot width. A minimum lot width in accordance with the ordinances and regulations of the County Health Department in effect from time to time but in no event less than 100 feet where private sewerage disposal system with private well water supply are utilized, nor 80 feet where central public water supply together with either private sewerage disposal system or central public sewerage disposal system is utilized, shall be provided for each lot used for a permitted or special use.
(3) Front yard. All structures shall be set back at least 30 feet from the front line.
(4) Side yard. All structures shall be set in from the side lot line a distance of not less than ten feet on each side.
(5) Rear yard. All structures shall be set in a distance of not less than ten feet from the rear lot line.
(6) Maximum height. No principal structure shall exceed 2-1/2 stories or 35 feet in height, and no accessory structure shall exceed one story or 15 feet in height, except as provided in § 156.022.
(7) Floor area ratio. Not to exceed .3.
(8) Minimum size of dwelling. Each single-family detached dwelling and any other structure occupied in whole or in part for residential purposes shall contain at least 1,200 square feet of liveable floor area, exclusive of basement or garage space.
(9) Adjoining lots.
(a) In the instance whereby two adjacent and contiguous single family zoned lots are under single ownership, it is permissible to construct a principal structure over the interior lot line of the two lots, while conforming to all other village ordinances to include, but not be limited to, the remaining front, side and rear setbacks for all other lot lines. Lot improvements must also conform to approved engineering design standards to include, but not limited to, drainage and grading design. Prior to the issuance of a building permit, the following conditions must be met:
1. Any applicable easement grantee must vacate all easements that may exist over the interior lot line; and
2. The owner must consolidate the Property Index Numbers through the respective county or township.
(b) Both lots must remain in single continuous ownership and may not be divided or conveyed in parts as long as the principal structure remains intact. On behalf of the village, the Village Administrator is authorized to vacate any village easements that are not required for overall site utility or drainage purposes.
(H) Special provisions.
(1) Parking requirements.
(a) Every detached single-family dwelling unit shall include a two-car attached garage.
(3) Trucks. Parking of trucks on residential properties in accordance with the applicable regulations set forth in § 156.033.
(5) Tents. Tents shall not be erected, used, or maintained on any lot, except such small tentsthat are customarily used for temporary recreational purposes.
(7) Ancillary buildings, structures or uses subject to § 156.031.
(8) Raising and maintaining hens is a permitted use subject to the applicable regulations of § 156.035 and licensing requirements of Chapter 99.
(Ord. 95, passed 4-5-71; Am. Ord. 116, passed 5-7-73; Am. Ord. 173, passed 1-24-78; Am. Ord. 419, passed 10-6-86; Am. Ord. 439, passed 12-7-87; Am. Ord. 632, passed 1-7-91; Am. Ord. 779, passed 12-6-93; Am. Ord. 819, passed 10-3-94; Am. Ord. 856, passed 7-17-95; Am. Ord. 970, passed 2-16-98; Am. Ord. 1501, passed 8-20-07; Am. Ord. 1532, passed 4-7-08; Am. Ord. 1570, passed 1-19-09; Am. Ord. 1699, passed 7-2-12; Am. Ord. 1742, passed 5-6-13; Am. Ord. 1906, passed 11-6-17; Am. Ord. 2018, passed 7-6-20)
Cross-reference:
Backyard chicken licensing, see Ch. 99