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When a lot which is a lot legally of record at the time of adoption of this chapter does not comply with the length, width or area requirements of this chapter, and it was a legal lot under the provisions of the City’s zoning chapter at the time it was created, it shall be considered a conforming lot under this chapter, provided that any structure erected upon it shall comply with the setback requirements of this chapter. If the setback requirements are so prohibitive as to make the property unusable, an application for a variance to the provisions of this chapter should be sought; however approval may be granted only as provided in Section 165.54 of this chapter.
All corner lots must meet front yard requirements on all yards abutting public street right-of-way. Any lot that is separated from public street right-of-way by a portion of an adjacent lot or a parcel that is neither a lot nor a nonconforming lot under this chapter and, but for this separation would be a corner lot, must also meet front yard requirements on all yards abutting public street right-of-way and all yards that otherwise would be abutting public street right-of-way but for separation by such nonconforming lot.
The following required yard exceptions are permitted.
1. Architectural features of buildings such as window sills, cornices and roof overhangs may project into the required yard provided such projection is not more than one foot.
2. In residential zoning districts, a porch or vestibule which may be enclosed, may extend into a front yard a maximum of four (4) feet, plus not more than one foot of roof overhang; provided it does not exceed six (6) feet in length and shall not alter the front building line for future modifications or additions.
3. Entry steps may encroach into a required yard.
4. Open fire escapes, fireproof outside stairways, chimneys and flues may extend into the required rear yard and not more than three and one half (3.5) feet into a required side yard.
5. Awnings, canopies and marquees attached to and part of a building, may project into the front yard of all nonresidential districts no more than five (5) feet.
6. Fences and walls may be constructed in required yards as limited in Section 165.36(2).
(Ord. 2022-1010 – Mar. 23 Supp.)
7. Signs may be permitted in required yards provided no portion of any sign encroaches into a traffic visibility zone as required in Section 165.35(2).
8. Parking in nonresidential districts shall be permitted within required yards, provided it is setback at least ten (10) feet from any public street right-of-way and does not encroach into a traffic visibility zone as required by Section 165.34(2).
(Ord. 2022-1010 – Mar. 23 Supp.)
9. Parking shall be permitted in residential districts in the required yards in circumstances where the parking is being provided upon a driveway to a garage for a single family attached or detached home.
10. The Council may in or by resolution perpetually allow an owner or developer to include (for side yard and/or rear yard lot requirements) abutting open space, planting space, wooded space and trail or path space being conveyed to the City by deed or easement.
11. A lot which was legally of record at the time of the adoption of this chapter does not have to comply with the yard requirements herein but in the alternative must comply with the yard requirements governing said lot prior to the adoption of this chapter provided the same is comparable to similar lot development in the area.
Public buildings, churches, temples, hospitals and institutions may exceed the height limit to a total height of seventy (70) feet providing all yards required in the particular district are increased one foot for each two foot in excess of the height limitation. Chimneys, church steeples, cooling towers, elevator bulkheads, fire towers, monuments, stacks, stage towers, or scenery lofts, tanks, water towers, spires, radio and television towers, grain elevators or other such architectural and mechanical appurtenances are exempt from height regulations.
The R-1 Single Family Residential District is a low density area intended to provide for single family detached homes and those facilities that directly serve and benefit them.
1. Location Criteria. The R-1 Single Family Residential District is appropriately located away from high traffic and use areas. It should be served by public services and utilities.
2. Permitted Uses. The following uses are allowed in the R-1 Single Family Residential District.
A. Single-family homes (one family detached dwellings).
B. Public parks, open spaces and recreational facilities.
C. The sale of Consumer Fireworks as defined in Section 41.11(1)(A) of this Code with all required state permits.
(Ord. 2022-1010 – Mar. 23)
3. Provisional Uses. The following uses may be allowed in the R-1 Single Family Residential District upon approval of a provisional use permit by the City Zoning Administrator as required by Section 165.49.
A. Educational and religious facilities, provided a site plan is submitted in compliance with Section 165.52.
B. Family care facility provided a site plan is submitted in compliance with Section 165.52.
C. Child care homes and child development homes.
D. Aeration windmills constructed in accordance with Section 165.42(9).
(Ord. 2022-1010 – Mar. 23)
4. Conditional Uses. The following uses may be allowed in the R-1 Single Family Residential District upon approval of a conditional use permit by the Board of Adjustment as required by Section 165.50.
A. Group care facilities or other such facilities on lots located adjacent to nonresidential zoning districts.
B. Cemeteries, provided a site plan is submitted in compliance with Section 165.52.
5. Special Exception Uses. The following uses may be permitted in the R-1 Single Family Residential District upon approval of a special exception permit by the Board of Adjustment as required by Section 165.51.
A. Public utility facilities and railroad facilities.
6. Size Regulations. The following minimum and maximum size regulations shall apply in the R-1 Single Family Residential District:
A. Minimum Lot Size: 8,000 square feet.
B. Building Setbacks: † 12
Front Yard 35 Feet
Side Yard 6 Feet
Rear Yard 30 Feet
C. Minimum Lot Dimensions:
Lot Frontage 80 Feet
Lot Depth 110 Feet
Lot Width 80 Feet
Width to Depth 1:3 minimum ratio
D. Maximum Building Dimensions:
Height 40 Ft.
Coverage 35%
E. Minimum Building Dimensions:
Width 20 Ft. for 75% of its length.
7. General Provisions. The following provisions shall apply for all uses in the R-1 Single Family Residential District:
A. Parking and Loading Requirements - See Section 165.35.
B. Accessory Use and Building Regulations – See Section 165.12.
C. Sign Regulations - see Section 165.36.
Notes
| 12 | † NOTE: All corner lots must meet front yard requirements on all yards abutting a street. |
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