1145.01 Conformity to building and use regulations.
1145.02 Schedule of permitted buildings and uses.
1145.03 Schedule of area, yard and height regulations.
1145.04 Amplification of area and yard schedule.
1145.05 Supplementary area regulations for residential buildings in any district.
1145.06 Exception for existing lots of record.
1145.07 Lot area acreage includes one-half street.
1145.08 Supplementary yard regulations for residential buildings in any district.
1145.09 Unit development of one-family houses; condominium residential use districts.
1145.10 Projection into yards by residential buildings in any district.
1145.11 Side yards for institutions.
1145.12 Supplementary height limitations.
1145.13 Accessory buildings and uses: garages and parking facilities.
1145.14 Location of accessory buildings.
1145.15 Temporary shelters and dock boxes.
1145.16 Multi-family unit, condominium builders: recreation fees.
1145.17 Single family dwelling; recreation fees.
1145.18 Development plan review.
1145.19 Senior Care District.
CROSS REFERENCES
Amendment of districts - see PRELIM. TABLE I
Parking in residential front yards prohibited - see TRAF. 351.15
Storage of unlicensed vehicle - see TRAF. 351.13
Fire zones in apartment districts - see TRAF. Ch. 353
Christmas tree sales prohibited in residence districts - see BUS. REG. 711.03
Districts established - see P. & Z. 1143.01
Off-street parking - see P. & Z. 1155.03
Standards for evaluating conditional uses - see P. & Z. 1161.03(b)
Definitions - see P. & Z. Ch. 1167
Signs permitted in residential districts - see BLDG. Ch. 1347
Residential building floor area requirements - see BLDG. Ch. 1355
Residential swimming pools - see BLDG. CH. 1359
Fences permitted in residential districts - see BLDG. Ch. 1361
In Suburban "5", Suburban "1", One-Family "75", One-Family "60", Multi-Family and Multi-Family High-Rise Districts, Condominium Districts buildings, structures or land, shall be used, and buildings or structures shall be hereafter erected, altered, enlarged or designed to be used, in whole or in part, only in accordance with the regulations that follow.
(Ord. 1995-101 Passed 5-9-95.)
(a) S-5 District (Suburban "5" District).
(1) Permitted main buildings and uses.
One-family dwellings.
Agricultural uses, such as farming, truck gardening and nurseries.
The raising of domestic animals and fowl is not permitted on lots of less than ten acres.
Parks and other public recreation uses.
Institutions, churches, schools and publicly-owned buildings.
Public utilities, water and gas mains and conduits, telephone, telegraph, electric light and power lines if carrying less than 5,000 volts are permitted on public highways or easements along lot lines of a subdivision.
(Ord. 2015-012. Passed 2-24-14.)
(Ord. 2015-012. Passed 2-24-14.)
(2) Permitted accessory buildings and uses.
Private garages, sheds, barns or stable for livestock, or other similar accessory farm buildings, providing the accessory buildings are constructed at the same time or after the main building.
Uses customarily incident to any of the permitted main uses, including home occupations or professional offices.
One roadside stand for the display and sale of only those agricultural products grown or raised on the same premises, provided that the location and design and provisions for off-road parking are approved by the Planning Commission, and that the roadside stand shall be removed during seasons when it is not in use.
(3) Conditional uses.
Public service facilities such as power lines carrying more than 5,000 volts, water and gas mains if not on public highways, and railroad tracks and yards, shall not be erected.
Other uses, such as cemeteries, commercial greenhouses, private clubs, golf courses, homes for the aged, hospitals or sanitariums, except hospitals or sanitariums for contagious, mental, drug or liquor addict cases, may also be permitted if they are deemed essential or desirable to the public convenience or welfare, if they are deemed a part of the development of the Master Plan, and a conditional use permit is issued, and subject to the conditions as may be required to preserve the character of the community.
Recreation facilities.
(b) S-1 District (Suburban "1" District).
(1) Permitted main buildings and uses.
One-family dwellings.
Agricultural uses, such as farming, truck gardening, nurseries.
Public utilities, water and gas mains and conduits, telephone, telegraph, electric light and power lines if carrying less than 5,000 volts are permitted on public highways or easements along lot lines of a subdivision.
(2) Permitted accessory buildings and uses.
Private garages, sheds or all other similar accessory farm buildings which are constructed at the same time or after the main building.
Uses customarily incident to any of the permitted main uses, including home occupations or professional offices.
One roadside stand for the display and sale of only those agricultural products grown or raised on the same premises, provided that the location and design and provisions for off-road parking are approved by the Commission, and that the roadside stand shall be removed during seasons when it is not in use.
(3) Conditional uses.
Public service facilities such as power lines carrying more than 5,000 volts, water and gas mains if not on public highways, and railroad tracks and yards, shall not be erected.
Other uses, such as cemeteries, commercial greenhouses, private clubs, golf courses, homes for the aged, hospitals or sanitariums, except hospitals or sanitariums for contagious, mental, drug or liquor addict cases, may also be permitted if they are deemed essential or desirable to the public convenience or welfare, if they are deemed a part of the development of the Master Plan, and a conditional use permit is issued, and subject to the conditions as may be required to preserve the character of the community. These uses are not permitted on lots of less than five acres.
Institutions, churches, schools and publicly-owned buildings are not permitted on lots of less than two acres.
Recreational facilities.
(c) R-75 District (One-Family "75" District).
(1) Permitted main buildings and uses.
One-family dwellings.
Agricultural uses, limited to truck gardening and nurseries.
The sale of agricultural products is not permitted on lots of less than one acre.
Parks and other public recreation uses.
Public utilities, water and gas mains and conduits, telephone, telegraph, electric light and power lines if carrying less than 5,000 volts are permitted on public highways or easements along lot lines of a subdivision.
(2) Permitted accessory buildings and uses.
Private garages, sheds or all other similar accessory farm buildings which are constructed at the same time or after the main building.
Accessory buildings for livestock and poultry are not permitted.
One roadside stand is permitted but not on lots of less than one acre.
(3) Conditional uses.
Public service facilities such as power lines carrying more than 5,000 volts, water and gas mains if not on public highways, and railroad tracks and yards, shall not be erected or altered.
Institutions, churches, schools and publicly-owned buildings are not permitted on lots of less than two acres.
Recreational facilities.
Home professional services and home occupations.
(d) R-60 District (One-Family "60" District).
(1) Permitted main buildings and uses.
One-family dwellings.
Parks and other public recreation uses.
Public utilities, water and gas mains and conduits, telephone, telegraph, electric light and power lines if carrying less than 5,000 volts are permitted on public highways or easements along lot lines of a subdivision.
(2) Permitted accessory buildings and uses.
Private garages, provided that the structure is constructed at the same time or after the main building.
(3) Conditional uses.
Public service facilities such as power lines carrying more than 5,000 volts, water and gas mains if not on public highways, and railroad tracks and yards, shall not be erected or altered.
Institutions, churches, schools and publicly-owned buildings are not permitted on lots of less than two acres.
Recreational facilities.
Home professional services and home occupations.
(e) R-MF District (Multi-Family District) Condominium District.
(1) Permitted main buildings and uses.
One-family dwellings.
Two-family dwellings.
Group or row houses, garden apartments (large scale developments) and condominiums.
Such development shall be located on major thoroughfares; the design of the area shall be such that all ingress and egress shall be from a major thoroughfare; ten percent of the gross area of the development shall be devoted to a play area; and a buffer between the play area and any adjacent single-family residence shall be established and landscaped with suitable evergreen plantings.
Parks and other public recreation uses.
Public utilities, water and gas mains and conduits, telephone, telegraph, electric light and power lines if carrying less than 5,000 volts are permitted on public highways or easements along lot lines of a subdivision.
(2) Condominium District. Except in the Condominium District, twenty percent (20%) should be set aside for the green area.
(3) Permitted accessory buildings and uses.
Private garages and storage buildings for garden equipment, etc., and such accessory buildings shall be constructed at the same time or after the main building.
(4) Conditional uses.
Public service facilities such as power lines carrying more than 5,000 volts, water and gas mains if not on public highways, and railroad tracks and yards shall not be erected.
Institutions, churches, schools and publicly-owned buildings are not permitted on lots of less than two acres.
Tourist homes.
Recreational facilities.
(f) R-MF-HR District (Multi-Family High-Rise District).
(1) Permitted main buildings and uses.
Multi-family dwellings in structures over thirty-five feet in height which have elevator service.
Public utilities, water and gas mains and conduits, telephone, telegraph, electric light and power lines if carrying less than 5,000 volts are permitted on public highways or easements along lot lines of a subdivision.
Parks and other public recreation uses.
(2) Permitted accessory buildings and uses.
Private garages and storage buildings for garden equipment, etc., and such accessory buildings shall be constructed at the same time or after the main building.
(3) Conditional uses.
Public service facilities such as power lines carrying more than 5,000 volts, water and gas mains if not on public highways and railroad tracks and yards, shall not be erected.
Institutions, churches, schools and publicly-owned buildings are not permitted on lots of less than two acres.
Recreational facilities.
(Ord. 1995-102. Passed 5-9-95.)
For every main building there shall be a lot having a minimum area or a minimum square footage of land per dwelling unit as established, a minimum average width, minimum front, rear and side yards on each side of building, and a maximum height of main and other buildings as set forth in the schedule on the following page.
SCHEDULE OF AREA, YARD AND HEIGHT REGULATIONS
Letter Symbol | District | Maximum Height of Buildings | Minimum Depth of Front Yard (Feet) | Either Side Yard (Feet) | Sum of Side Yards (Feet) | Minimum Yard Setback | |||
Minimum Depths of Rear Yard (Feet) | Minimum Lot Area Per Family | Minimum Lot Frontage (Feet) | |||||||
Stories | Feet | ||||||||
S-5 | Suburban "5" | 2-1/2 | 35 | 50 | 25 | 50 | 50 | 5 acres | 350 |
S-1 | Suburban "1" | 2-1/2 | 35 | 50 | 10 | 25 | 50 | 1 acre | 120 |
R-75 | One-Family "75" | 2-1/2 | 35 | 40 | 5 | 20 | 40a | 12,000 sq.ft. | 75 |
R-60 | One-Family "60" | 2-1/2 | 35 | 40 | 5 | 15 | 40a | 9,000 sq.ft. | 60 |
R-MF | Multi-Family | ||||||||
Single-family | 2-1/2 | 35 | 40 | 5 | 15 | 40 | 9,000 sq.ft. | 60 | |
Two-family | 2-1/2 | 35 | 40 | 5 | 15 | 40 | 9,000 sq.ft. | 75d | |
Group house | 2-1/2 | 35 | 40 | 5 | 15 | 40 | 9,000 sq.ft. | 80d | |
Apartments | 2-1/2 | 35 | 40 | 5 | 15 | 40 | 9,000 sq.ft. | 80d | |
R-MF-HR | Multi-Family | ||||||||
High-Rise | b | b | 40 | 15c | 40 | 100 | |||
3-bedroom apartment | 2,100 sq.ft. | ||||||||
2-bedroom apartment | 1,800 sq.ft. | ||||||||
1-bedroom apartment | 1,500 sq.ft. | ||||||||
Efficiency apartment (no bedroom) | 1,000 sq.ft. | ||||||||
CD | Condominium | 2-1/2 | 35 | 40 | 15c | 15c | d | 9,000 sq. ft. | d |
a On lots of less than 100 feet in depth this figure may be adjusted to a minimum of not less than 20 feet where necessary to maintain the required front setback.
b Buildings shall be in excess of 2-1/2 stories or 35 feet in height and have elevator service.
c 15-foot minimum each side plus 5 feet for each story in height. (See Section 1145.04(d)(2)).
d The City Planning Commission shall have the right to review square footage requirements and modify 1145.03 schedule of area, yard and height requirement under the conditions of requirements for a conditional use permit.
(Ord. 1996-195. Passed 8-27-96.)
The required minimum area and yard regulations, where indicated, are further defined as follows:
(a) The minimum area requirements of Suburban "5" and "1" Districts may be less under the following circumstances: if a plan for a new subdivision is submitted and adequate open spaces and municipal facilities, utilities and services are made available in a manner satisfactory to the Planning Commission, who may initiate any rezoning of the affected area which in their judgment is necessary or desirable.
(b) The front yard shall be not less than forty feet unless otherwise shown on the Zone Map, except it shall be not less than sixty feet on all lots abutting Lake Shore, Stevens and Lakeland Boulevards, Vine Street and Erie Road, and on all other proposed or existing streets, highways, thoroughfares with right-of-way width of seventy feet or more.
(c) The minimum lot area required for each dwelling unit of a single-family dwelling, two-family dwelling, group house or apartment varies in each residential district in accordance with the schedule.
(d) Side yards for group houses and apartments are established for "small scale development", comprised of one building, and for "large scale development" comprising two or more buildings not subdivided into the usual streets and lots.
For the purpose of determining side yards, the longitudinal wall of the building containing the main entrance, shall be known as the "front wall", the opposite walls shall be known as the "rear wall". Other walls, which do not contain all the windows of a habitable room shall be known as "end walls".
(1) Small scale development. The minimum distance from a side lot line to the front or rear wall shall not be less than twenty-five feet and to an end wall, not less than ten feet, for a one-story multi-family building, and increased five feet for each additional story.
(2) Large scale development. The minimum distance between front walls, between front and rear walls or between rear walls shall not be less than fifty feet for a one-story multi-family building. The minimum distance between end walls shall be not less than twenty feet for a one-story building, the minimum distance between an end wall and front wall or rear wall shall be not less than thirty feet for a one-story building; in each of the above relations the distance shall be increased five feet for each additional story. The minimum distance from building to front, side and rear lot lines shall be not less than required for small scale developments in subsection (d)(1) hereof.
(Ord. 1966-79. Passed 3-22-66; Ord. 1982-130. Passed 7-13-82.)
(a) One Main Building Per Lot. Every main building shall be located and maintained on a "lot" and all parts of such building shall be connected in a substantial manner by common walls or a continuous roof. There shall be not more than one such building on a lot, except large scale developments.
(b) Required Area Shall be Maintained. No portion of a lot, necessary to provide the required area per dwelling unit, shall be separated in ownership from the portion of the lot upon which the building containing the dwelling units is located, or considered as providing the required area for another building.
(c) Accessory Building Must Comply if Converted. No accessory building shall be structurally altered, converted, enlarged or maintained for the purpose of providing living quarters or dwelling units unless such accessory building and all enlargements thereof are made to conform to all the regulations of this Zoning Code for main buildings.
(Ord. 1966-79. Passed 3-22-66.)
In any district where dwellings are permitted, a one-family detached dwelling may be erected on any lot of official record as of May 21, 1951, irrespective of its area or width; provided, however, that if an owner has two or more contiguous lots of substandard frontage in accordance with the present Zoning Code, such owner shall be required to conform to the minimum frontage required under the present Zoning Code; and further provided that all other regulations for that district as prescribed by this Zoning Code, the Building Code and the regulations of the Lake County District Board of Health shall be complied with.
(Ord. 1972-198. Approved by voters 5-8-73.)
In computing the area of a lot in the suburban residential districts, that portion of the width of all abutting streets or highways, which would normally revert to the lot if the street were vacated, may be assumed to be a portion of the lot.
(Ord. 1966-79. Passed 3-22-66.)
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