§ 159.081 R-5 SINGLE-FAMILY RESIDENCE DISTRICT.

   (A)   Permitted uses. The following uses are permitted in the R-5 District:

      (1)   Single-family detached dwellings;

      (2)   Parks, playgrounds and community buildings operated by municipal agencies;

      (3)   Farms, providing that no building in which farm animals and poultry are housed shall be located within 200 feet of any lot in any “R” District;

      (4)   Stables and kennels, provided that no such stables or kennels shall be within 200 feet of any lot in an “R” District, and provided further that such stables or kennels shall not be operated and maintained as a part of or in connection with a veterinary or animal hospital;

      (5)   Truck and flower gardens and nurseries, provided, however, that the products shall not be sold at retail on the premises and no building shall be erected upon the premises other than a dwelling and the usual accessory buildings; and

      (6)   Accessory uses and buildings incidental to and on the same zoning lot as a principal use.

      (7)   SECONDARY LIVING UNITS (defined as an accessory residence located on the same lot as, and under the same ownership as the principal single-family residence on such lot, including, but not limited to, accessory suites, in-law suites, granny flats, coach houses, garage apartments, and cottages) are permitted subject to the following conditions and performance standards:

         (a)   The principal residence is owner occupied.

         (b)   The accessory structure within which the secondary living unit is located (the “accessory structure”) predates the date of adoption of this code provision, November 17, 2014.

         (c)   Each secondary living unit meets the minimum health and life safety requirements of the building codes adopted by the city.

         (d)   No more than two secondary living units are permitted on a lot.

         (e)   A site plan is filed with the Director of Community Development or the Director’s designee, demonstrating that adequate on site parking, on a hard surface consistent with the requirements of § 95.146 is provided for the occupants of each secondary living unit.

         (f)   Secondary living units must be accessible by way of a driveway located on the property on which the accessory structure is located unless an access easement across a neighboring property specifically provides for access to the accessory structure and recognizes its use as a secondary living unit.

         (g)   The accessory structure is a minimum distance of 20 feet from all property lines. A variance from the 20-foot setback requirement may be considered by the Zoning Board of Appeals with consideration given to the proximity of neighboring structures and the adequacy of landscape screening and the standard variance criteria in the code.

         (h)   The lot owner registers the secondary living unit, on a form provided by the city, with the Director of Community Development, or the Director’s designee, on an annual basis.

         (i)   No secondary living unit shall have more than two people unrelated by blood, marriage, or adoption residing within that secondary living unit at any given time.

         (j)   A nonconforming secondary living unit as of November 17, 2014 shall be recognized as a conforming use regardless of the setback distance from the property lines so long as the property owner registers the unit with the city, on a form provided by the city, as required by this division (A)(7) within one year of the date of adoption of these provisions. Documentation of past use of the structure as a secondary living unit is required.

   (B)   Special uses. Special uses may be allowed in R-5 Districts as provided in § 159.045.

   (C)   Lot size requirements.

 

	Minimum Lot Area	Minimum Lot Width
Farms	10 acres	500 ft.
Single-family detached dwellings	130,000 sq. ft.	250 ft.
Stables and kennels	10 acres	500 ft.
Truck and flower gardens and nurseries	5 acres	300 ft.

 

   (D)   Requirements. (Setbacks are given in linear feet.)

      (1)   Permitted uses.

	Required Setbacks
	Front Yard	Interior Side Yard	Corner Side Yard	Rear Yard
Farm; permanent structures, excluding single-family detached dwellings and fences	200	200*	200	200*
Parks, playgrounds and community buildings operated by municipal agencies; permanent structures	50**	50**	50**	50**
Single-family detached dwellings	50	50	50	50
Stables and kennels	200	200*	200	200*
Truck or flower gardens and nurseries; permanent structures	100**	100**	100**	100**
*   When structures housing horses, dogs, poultry or farm animals are established, otherwise 50 feet
**   If no structures are established, no yard requirements

 

      (2)   Accessory uses.

 

	Required Setbacks
	Front Yard	Interior Side Yard	Corner Side Yard	Rear Yard
Buildings, accessory	50	50*	50	10
*   Unless an entire structure is located on the rear 25% of the lot; in which case only 10 feet shall be required

 

   (E)   Height requirements. The maximum height of all principal buildings and structures shall be governed by § 150.148(B)(3) of the Building Code and the maximum height of all accessory buildings and structures shall not exceed 25 feet.

(Prior Code, § 46-37) (Ord. eff. 1-15-1972; Ord. 91-1(A), passed 1-7-1991; Ord. 92-14, passed 4-16-1992; Ord. 2014-43, passed 11-17-2014)