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On any corner lot in any Residential District, or in any Professional Office District where a front yard is required, no fence, sign or other structure, planting or other obstruction to vision higher than four (4) feet above the established street grades shall be erected or maintained within the line connecting points twenty (20) feet from the edge of the street.
(Ord. 98-176. Passed 8-3-98.)
The following regulations shall govern group homes within the City of Elyria:
A. Purpose.
It is the purpose of this section to regulate the location, operation, and maintenance of group residential facilities (group homes) in order to promote the public health, safety, and welfare. It is the intent of this section to provide for the assimilation of these facilities in stable and suitable neighborhoods so that the living environments of their residents are conducive to their rehabilitation.
B. Conditional Use Permit Required.
A Class I Type B group home is permitted by right in any residential district. No other group home shall be established, operated or maintained on any premises unless authorized by the issuance of a conditional use permit in accordance with the provisions of Chapter 1135. In addition to said provisions, such group home shall comply with the following conditional use criteria:
1. Evidence must be presented that the proposed facility meets the certification, licensing or approval requirements of the appropriate State agency.
2. The owner shall be required to submit to the Building Inspector an official fire inspection report verifying compliance with current fire codes. This report must be dated within the twelve months prior to registration or renewal.
3. Evidence must be presented that the proposed facility will not generate an unreasonable increase in traffic volume or require special off-street parking facilities.
4. Such facilities shall comply with the district regulations applicable to other properties in the zoning district in which they are located.
5. Class I Type A and Class II Types A and B group homes shall be located no closer than one quarter mile to any other premises used for Class I, Type A group homes, Class II Type A and B group homes, educational institutions or day care centers.
6. No signs shall be erected by such facility for purposes of identification except a permitted street address sign.
7. The exterior of all such facilities shall not be altered in character but shall be compatible with other residential dwellings. However, any improvement required by code or necessitated by licensing requirements shall not be deemed incompatible.
8. Such facility shall be reasonably accessible, by virtue of its location or transportation provided by the applicant, to medical, recreational, and retail services required by its residents, and to employment opportunities, if applicable, and shall be in a relatively safe and stable neighborhood.
9. The applicant shall provide a plan indicating the manner in which the facility will maintain contact with neighborhood residents, to include a structured procedure whereby their grievances may be filed and resolved.
10. The applicant shall provide documentation indicating the need for the facility, the specific clientele it will serve, and the location and type of similar facilities operated by the applicant.
11. All Class I Type A and Class II Types A and B group homes are required to be registered annually with the Building Department. Registration shall terminate at the expiration of one year from the date of issuance. There shall be no charge for said registration. However, such group home shall provide to the Department the following information:
a. The person or persons on-site in charge of said building;
b. The telephone number of said person or persons in charge; and
c. The total number of persons intended to occupy the building.
12. Any change in status of a group home (i.e. change in use from a group home to any other use) must be reported immediately to the Building Department.
C. Zoning of Group Homes.
Group homes shall be conditionally permitted uses as follows:
1. Class I Type A: R-MHL and R-MHH Districts;
2. Class I Type B: Permitted by right in all residential districts;
3. Class II Type A: R-MHL and R-MHH Districts; and
4. Class II Type B: R-MHL and R-MHH Districts.
D. Variance to Distancing Requirement.
The Board of Zoning Appeals may grant a variance with respect to the distancing requirement contained in paragraph B.5. hereof if the applicant clearly demonstrates that the proposed location has unique advantages with respect to proximity to employment opportunities, social services, public transportation or similar amenities.
E. Uniformity With Respect to Granting of Conditional Use Permits.
The granting of conditional use permits for the establishment of group homes shall be uniformly and equitably done, irrespective of considerations beyond the scope of these regulations.
(Ord. 98-176. Passed 8-3-98.)
It is the intent of this section to allow home occupations in residential structures as an accessory use compatible with the residential character of the district, subject to the following conditions:
A. The external appearance of the structure in which the use is conducted shall not be altered.
B. No internal or external structural alterations, construction, or reconstruction of the premises to accommodate the use of said occupation shall be permitted.
C. There shall be no visible outside storage of any kind related to the home occupation use. Furthermore, no display of products shall be visible form the street.
D. Not more than one (1) room of the dwelling unit shall be devoted to the home occupation use.
E. No equipment, processes, materials or chemicals shall be used which may create noise, vibration, smoke, dust, odor, heat, glare, x-rays, radiation, or electrical disturbances which are detectable outside of the dwelling unit from which the home occupation is located.
F. Traffic and parking generated by a home occupation shall not be more than that generated by a single household.
G. No persons other than the residents of the premises shall participate in the home occupation.
H. Home occupations shall involve not more than one (1) receiver of such services at any one time with the exception of certified or uncertified Type B Family Day Care Homes, which constitute a residential use and not an accessory use.
I. Signage identifying the home occupation shall be limited to one sign no larger than four (4) square feet per face and be non-illuminated and shall be attached to the building. There shall be no other temporary or special sale signage related to the home occupations on the premises.
The burden of proof that a home occupation complies with the limitations set forth herein shall be on the person or persons involved in such home occupation.
(Ord. 98-176. Passed 8-3-98; Ord. 2014-111. Passed 11-3-14.)
(EDITOR'S NOTE: Section 1137.12 was repealed by Ordinance 2007-39, passed May 7, 2007.)
The parking of recreational vehicles in residential districts shall be subject to the following regulations:
A. Camping and recreational vehicles may be connected to electric only. At no time shall said vehicles be used for living or housekeeping purposes while located on the residential premises. Said equipment shall have current licenses.
B. If the camping or recreational vehicle is parked outside of a garage, it shall be parked no less than ten (10) feet from the front property line, and no less than three (3) feet from any other property line.
C. The number of recreational vehicles parked outside any enclosed structure shall be limited to two (2), with not more than one (1) located in the front yard.
D. Recreational vehicles shall be parked on a fully improved or legally nonconforming driveway in a front, rear or side yard, or on paver-bricks or similar material in a side or rear yard.
(Ord. 98-176. Passed 8-3-98.)
Screening or buffering shall be provided for any permitted or conditionally permitted non-residential uses which abut any residential district, in addition to setback and yard requirements provided elsewhere in this Code. The following provisions shall apply with respect to screening.
A. Screening shall be provided for one or more of the following purposes:
1. A visual barrier to partially or completely obstruct the view of structures or activities.
2. An acoustic screen to aid in absorbing or deflecting noise.
3. A physical barrier to contain debris and litter.
B. Screening may consist of one (1) or a combination of the following materials:
1. A solid masonry wall.
2. A solidly constructed decorative fence.
3. A louvered fence.
4. Dense vegetation.
5. A landscaped mound.
C. Height of screening shall be in accordance with the following:
1. Visual screening walls, fences, plants, or mounds shall be a minimum of five and a half (5-1/2) feet in height in order to accomplish the desired screening effect, except in required front yards where the maximum height shall not be greater than four (4) feet. Plantings shall be a minimum of four (4) feet in height at the time of planting. Fencing requirements shall be in accordance with Section 1137.15.
2. Dense plants with a minimum height of four (4) feet at planting and a mature height of at least five and a half (5-1/2) feet or greater, or a solidly constructed decorative fence, shall be permanently maintained along the mutual boundary of an accessory parking area and adjacent lands zoned for residential uses, except for the portion of such boundary located within a required front yard.
D. Buffering to absorb or deflect noise shall have a depth of at least fifteen (15) feet of dense plants or a solid masonry wall in combination with plants. The height shall be adequate to absorb noise such that a level of sixty-five (65) decibels or less is attained at the property line on the side of the fence opposite the subject property.
E. Whenever screening is required adjacent to parking areas or driveways, such screening shall be protected by bumper blocks, posts or curbing to avoid damage by vehicles.
F. All screening shall be trimmed, maintained in good condition and free of advertising or other signs, except for directional signs and other signs for the efficient flow of vehicles.
G. Any screening and buffering required under the provisions of this Code shall be provided at the time of the site improvements by the developer or property owner making the site improvements.
(Ord. 98-176. Passed 8-3-98.)
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