(a) Conformance Required. Except as hereinafter specified, no use of land, building, structure or premises shall be initiated, and no building or part thereof, or other structure shall be located, erected, moved, reconstructed, extended, enlarged or altered except in conformity with the regulations herein specified for the district in which is it located; such regulations including, but without limitation, the following: the use of buildings, structures or land, including performance standards for the control of any "dangerous and objectionable elements", as defined herein, in connection with such use; the height, size and dimensions of buildings or structures; the size or dimensions of lots, yards and other open spaces surrounding buildings; the provision, location, size, improvement and operation of off-street parking, loading and unloading spaces.
(b) Additional Uses. Uses other than those specifically mentioned in this Zoning Ordinance as permitted or prohibited uses in each of the districts also may be allowed or not allowed therein, as the case may be, upon referral by the Board, of any such use in question, to Council, and provided if, in the judgment of Council, such other uses are of similar character to those mentioned and will have no adverse influence or no more adverse influence on adjacent properties or the neighborhood or the community than the permitted uses specifically mentioned for the district; or such other uses are similar in character to those specifically prohibited in that they would have similar or more serious adverse influence on adjacent properties or the neighborhood or the community than the uses specifically mentioned as prohibited in the district.
(c) Conversion of Dwellings. The conversion of any building into a dwelling or the conversion of any dwelling so as to accommodate an increased number of dwelling units or families shall be permitted only within a district in which a new building for similar occupancy would be permitted under this Ordinance, and only when the resulting occupancy will comply with the requirements governing new construction in such district, with respect to minimum lot size, lot area per dwelling unit, percentage of lot coverage, dimensions of yards and other open spaces and off-street parking. Each conversion shall be subject also to such further requirements as may be specified hereinafter within the section applying to such district. The aforesaid requirements with respect to lot coverage, yards and other open spaces shall not apply in case the conversion will not involve major exterior structural changes and:
(1) There is either a shortage of not more than ten percent (10%) in the required dimensions or area of each of not more than two such requirements as to coverage, yards and other open spaces; or
(2) In case the conversion will result in lot area per dwelling unit or family, at least twenty percent (20%) greater than required for new buildings in the district.
(d) Rear Dwellings. No building in the rear of a principal building on the same lot shall be used for residential purposes unless it conforms to all yard and other open space and off-street parking requirements of this Ordinance, and for the purpose of determining the front yard in such cases, the rear line of the required rear yard for the principal building shall be provided for any such rear dwelling, an unoccupied and unobstructed accessway not less than ten feet wide to a public street for each dwelling unit in such dwelling, or one not less than thirty feet wide for three or more dwelling units.
(e) Transitional Uses in R Districts. In any R-1 or R-2 District, a transitional use shall be permitted on a lot, the side lot line of which adjoins either directly or across an alley any B or I District. The permitted transitional uses for any lot in an R-1 District shall be any use permitted in an R-2 District; and for any lot in an R-2 District any use permitted in an R-3 District. In the case of any such lot in an R-1 or R-2 District, the requirements governing lot area per dwelling unit, off-street parking, yards and other open spaces shall be the same as for the next following less restricted district listed in Section 1121.05
(a). Any transitional use authorized under this section shall extend not more 100 feet from the side lot line of the lot abutting on the zoning district boundary line.
(f) Yard Requirements Along Boundary Line in a Less Restricted District. Along any zoning boundary line on a lot adjoining such boundary line in a less restricted district, any abutting side yard, rear yard or court, unless subject to greater restrictions or requirements stipulated by other provisions of this Ordinance, shall have minimum width and depth equal to the average of the required minimum width or depth of such side yards, rear yards or courts in the two districts on either side of such zoning boundary line. In cases where the height of a proposed structure on such lot in a less restricted district is greater than the maximum height permitted in the adjoining more restricted district, the minimum depth or width of the side yard, rear yard or court for such structure shall be determined by increasing the minimum width or depth for the highest structure permitted in such more restricted district by one foot for each two feet by which the proposed structure exceeds the maximum height permitted in the more restricted district.
(Ord. 1990-20. Passed 11-26-90.)
(g) Accessory Uses in R Districts. An accessory building may be erected detached from the principal building or it may be erected as an integral part of the principal building. Except as provided in Section 1137.03,
no detached accessory building shall be erected in any required yard or court except a rear yard, and shall not occupy more than thirty-five percent (35%) of the rear yard. Detached accessory buildings shall be distant at least six feet from any dwelling situated on the same lot, unless an integral part thereof, at least six feet from any other accessory building and at least five feet from all lot lines of adjoining lots which are within any R District.
(Ord. 2005-29. Passed 2-14-05.)
(h) Accessory Buildings in R Districts; Corner Lots. In any R District, where a corner lot adjoins in the rear a lot fronting on the side street and located in an R District, no part of an accessory building on such corner lot shall be nearer the side street lot line than the least depth of the front yards required along such side street for a dwelling on such adjoining lot, and in no case shall any part of such accessory building be nearer to the side street lot line than the least width of the side yard required for the principal building to which it is accessory.
(i) Accessory Buildings in R Districts; Front Setback. No accessory use or structure in any R District, except an off-street parking area subject to the provisions of Section 1126.01
, shall be permitted nearer to any front lot line than sixty feet, unless such use or structure is contained within or constitutes an integral part of the principal building; provided that in the case of a corner lot where choice by the owner of the longer street lot line has been approved as the front lot line, this requirement shall apply only to the distance of an accessory building from the shorter street lot line.
(j) Accessory Buildings in R Districts; Yard Requirements. Except as provided in Section 1137.03
, an accessory building, if not located in the rear yard, shall be an integral part of, or connected with, the principal building to which it is accessory, and shall be placed so as to meet all yard and court requirements for a principal building of the same height and other dimensions as the accessory building.
(k) Accessory Buildings in R Districts; Without Main Building. In any R District, no accessory building or structure shall be erected or constructed prior to the erection or construction of the principal building.
(l) Minimum Ground Floor Area; One-Story Dwelling. A one-story dwelling shall contain not less than 850 square feet of usable ground floor area, exclusive of open porches, garages, carports or steps.
(m) Minimum Ground Floor Area; One and One-half Story Dwellings. One and one-half story dwellings shall contain no less than 720 square feet of ground floor area, exclusive of open porches, garages, carports or steps.
(n) Minimum Ground Floor Area; Two-Story Dwellings. A two-story dwelling shall contain not less than 600 square feet of ground floor area exclusive of open porches, garages, carports or steps.
(o) Reduction of Minimum Ground Floor Area. Where a dwelling unit is a part of a planned development project and is a one-bedroom or an efficiency unit, the minimum ground floor area required shall be seventy-five percent (75%) of that specified in subsections (l), (m) and/or (n) above.
(p) Performance Standards; Compliance. Even though compliance with the performance standards and procedures in Section 1126.06
may not be expressly required for a particular use, initial and continued compliance with these performance standards is required of every use.
(q) Street Frontage Required. Except as permitted by other provisions of this Ordinance, no lot shall contain any building used in whole or part for residential purposes unless such lot abuts for at least thirty feet on a street; and there shall be not more than one single-family dwelling for such frontage.
(r) Traffic Visibility Across Corner Lots. In any R District on any corner lot, no fence, structure or planting shall be erected or maintained within twenty feet of the point of intersection of the right-of-way lines that project more than three feet above the elevation of the intersection of the centerlines of the streets.
(s) Off-Street Parking and Loading. Spaces for off-street parking and for off-street loading and unloading shall be provided in accordance with the provisions of Section 1126.01
.
(t) Encroaching Doors. Every garage building or portion of a principal building used for garage purposes shall be so equipped that the doors when open or being opened will not project beyond any lot line of the lot on which such building is located.
(u) Essential Services. Essential services as defined under Section 1121.04
shall be permitted as authorized and regulated by law and other ordinances of the City, it being the intention hereof to exempt such essential services from the application of this Ordinance.
(v) Unsafe Buildings. Nothing in this Ordinance shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by proper authority.
(w) Pending Application for Building Permits. Nothing herein contained shall require any change in the overall layout, plans, construction, size or designated use of any development, building, structure or part thereof for which official approvals and required building permits have been granted before the enactment of this Ordinance, the construction of which has been started within three months after the effective date of this section.
(x) Neglected or Deteriorating Watercraft and/or Vehicles. No watercraft and/or automotive vehicle, operable or inoperable, with or without parts removed, shall be permitted to stand neglected and/or allowed to deteriorate on any premises, in any district except as provided in the I-2 District, provided that nothing herein shall prevent the parking or storage of such vehicles in a fully enclosed garage or similar permanent structure.
(Ord. 1990-20. Passed 11-26-90.)
(y) Corner and Double Frontage Lots. Corner and double frontage lots shall comply with the minimum front yard depths on both streets.
(Ord. 1998-39. Passed 12-7-98.)