(A) Intent. The R-1A and R-1B One-Family Residential Districts are designed to be the most restrictive of the residential districts. The intent is to provide for an environment of medium-density, one-family dwelling units along with certain residentially related facilities which serve the residents in the districts. (`73 Code, 15.051, § 5.19)
(B) Principal uses permitted. In a One-Family Residential District (R-1A and R-1B) no building or land shall be used and no building shall be erected except for one or more of the following specified uses, unless otherwise provided in this chapter:
(1) One-family detached dwellings;
(2) Summer homes and/or vacation cottages or cabins provided occupancy is limited to six months in any calendar year;
(3) Agriculture on those parcels of land separately owned outside the boundaries of either a proprietary or supervisor's plat, having an area of not less than five acres, all subject to the health and sanitation provisions of the city;
(4) Cemeteries which lawfully occupied land at the time of adoption of the 1967 Zoning Ordinance;
(5) Temporary buildings and uses for construction purposes for a period not to exceed one year;
(`73 Code, 15.052, § 5.20)
(C) Uses permitted subject to special conditions. The following uses shall be permitted, subject to the conditions hereinafter imposed for each use and subject further to the review and recommendation, pro or con, of the Planning Commission and approval of the City Council:
(1) Churches and other facilities normally incidental thereto, subject to the following conditions:
(a) The principal structures on the site shall be set back from abutting properties zoned for residential use not less than 25 feet. Buildings of greater than the maximum height allowed in § 154.085, “Schedule of Regulations,” may be allowed provided front, side and rear yards are increased above the 25-foot minimum requirements by one foot for each foot of building that exceeds the maximum height allowed;
(b) Wherever the off-street parking lot is adjacent to land zoned for residential purposes, a continuous and obscuring masonry wall four feet six inches in height or a heavily planted greenbelt ten feet in width, shall be provided along the sides of the parking area adjacent to the residentially zoned land. The wall or greenbelt shall be further subject to the provisions of §§ 154.100 through 154.114, “General Requirements”;
(2) Public, parochial and other private elementary, intermediate schools and/or high schools offering courses in general education, not operated for profit;
(3) Municipal and governmental buildings and uses;
(4) Utility and public service buildings and uses (without storage yards) when operating requirements necessitate the locating of said buildings within the district in order to serve the immediate vicinity;
(5) Nursery schools, day nurseries and child care centers (not including dormitories) provided that for each child so cared for, there shall be provided and maintained a minimum of 150 square feet of outdoor play area. Such play space shall have a total minimum area of not less than 5,000 square feet and shall be screened from any adjoining lot in any Residential District;
(6) Private noncommercial recreational areas, institutional or community recreation centers; nonprofit swimming pool, all subject to the following restrictions:
(a) Any use permitted herein shall be developed only on acreage of at least one acre in area;
(b) The proposed site for any of the uses permitted herein shall have one property line abutting a major thoroughfare, and the site shall be so planned as to provide ingress and egress directly onto said major thoroughfare;
(c) Front, side, and rear yards shall be at least 80 feet wide except when abutting a nonresidential district, and shall be landscaped in trees, shrubs, and grass. All such landscaping and planting shall be maintained in a healthy growing condition neat and orderly in appearance;
(d) Buildings erected on the premises shall not exceed one story in height except where due to topography a lower level shall be permitted when said lower level is entirely below the grade of the major thoroughfare abutting the parcel in question;
(e) All lighting shall be shielded to reduce glare and shall be so arranged as to reflect the light away from all Residential Districts;
(f) Off-street parking shall be provided so as to accommodate at least one-half of the member families and/or individual members. By-laws of the organization shall be provided in order to establish the membership involved for computing parking requirements. For a use permitted herein and not requiring formal membership, off-street parking requirements shall be determined by the Planning Commission on the basic usage;
(g) Wherever the off-street parking lot is adjacent to land zoned for any residential purposes a continuous obscuring masonry wall four feet six inches in height or a heavily planted greenbelt ten feet in width, shall be provided along the sides of the parking area adjacent to the residentially zoned land. The wall or greenbelt shall further be subject to the provisions of §§ 154.100 through 154.114, “General Requirements”;
(i) Whenever a swimming pool is involved, said pool area shall be provided with a protective fence six feet in height and entry shall be provided by means of a controlled gate or turnstile;
(j) Where storm sewers are nonexistent or capacity is not ample, adequate on site take-off facilities shall be provided and shall be reviewed and approved by the City Engineer as being adequate;
(7) Golf courses, which may or may not be operated for profit, subject to the following conditions:
(a) The site shall be so located as to provide all ingress and egress directly onto or from a major thoroughfare, either existing or proposed;
(b) The site plan shall be laid out to achieve a relationship between the major thoroughfare and any proposed service roads, entrances, driveways, and parking areas which will encourage pedestrian and vehicular traffic safety;
(c) Development features including the principal and accessory buildings and structures shall be so located and related as to minimize the possibilities of any adverse effects upon adjacent property. This shall mean that all principal or accessory buildings shall be not less than 200 feet from any property line of abutting residentially zoned lands; provided that where topographic conditions are such that buildings would be screened from view, the Planning Commission may modify this requirement;
(e) Whenever a swimming pool is to be provided, said pool shall be provided with a protective fence six feet in height, and entry shall be by means of a controlled gate;
(8) Colleges, universities and other such institutions of higher learning, public and private, offering courses in general, technical, or religious education and not operated for profit, all subject to the following conditions:
(a) Any use permitted herein shall be developed only on sites of at least 40 acres in area, and shall not be permitted on any portion of a recorded subdivision plat without the review and approval of the Board of Appeals;
(b) All ingress to and egress from said site shall be directly onto a major thoroughfare either existing or proposed;
(c) No building other than a structure for residential purposes shall be closer than 80 feet to any property line when the property line is adjacent to any Residential District.
(9) Public riding and/or boarding stables may be permitted in Residential Districts on special permit issued by the Board of Appeals (renewable each year after review by the Board of Appeals) subject to the following minimum conditions and any other reasonable condition which the Board of Appeals may impose:
(a) Public riding and/or boarding stables may be permitted on unsubdivided parcels of not less than 20 acres;
(b) Stables, paddock areas for instruction or paddock areas for the confinement of horses near stables shall be at least 300 feet from any property line;
(c) Bridle paths, and all other riding areas shall be confined to the site of continuous acreage;
(d) Off-street parking shall be provided on the site in the ratio of one space per horse to be stabled on the site;
(e) Lighting for exterior illumination shall be directed away from and shall be shielded from adjacent residential districts;
(f) A plot plan drawn to scale, designating all of the above areas shall be submitted to the Board of Appeals.
(10) Private stable, as an accessory use, for not more than one horse on a lot where the lot is not less than two acres in area and provided further, that for each additional horse stabled thereon one acre of land shall be provided. All confinement areas and/or stables shall in all instances, be located in the rear yard. In no instance shall a horse be confined nearer than 75 feet to any property line. No horse shall be allowed to run at large.
(11) Plant material nurseries and greenhouses subject to the following conditions:
(a) The minimum site size shall be five acres and so located as to provide all ingress and egress directly onto or from a major thoroughfare;
(b) Front, side, and rear yards shall be at least 50 feet wide except when abutting a non-residential district;
(c) A continuous and obscuring masonry wall six feet in height or a heavily planted greenbelt ten feet wide shall be provided along all property lines abutting any residential district, except for those portions of said property lines which are included within a required front yard.
(12) Funeral homes and mortuaries.
(13) Publicly owned and operated libraries, parks, parkways and recreational facilities.
(`73 Code, 15.053, § 5.21)
(`73 Code, 15.054, § 5.22)
(Ord. eff. 8-1-67; Am. Ord. passed 1973; Am. Ord. passed 12-13-05; Am. Ord. eff. 6-6-08)