(a) General. The purpose of the Residential District is as follows:
(1) To provide for single and two-family (duplex) residential uses where they are compatible with existing residential development within the Village.
(2) To regulate the bulk and location of buildings and structures in relation to land in order to obtain proper light, air, privacy and usable open spaces on each lot in the district and to maintain a consistency with existing development.
(3) To ensure the compatibility of neighboring land uses by requiring certain community facilities to be conditionally permitted uses within this residential district and to establish standards to protect residences from excessive glare and noise, abnormal vehicular traffic, objectionable views and other objectionable influences.
(4) To promote neighborhood safety by requiring operators of "family homes" to provide certain information to the Village and to adhere to certain procedures.
(b) Accessory Uses and Structures.
(1) Home Occupations. In a dwelling or apartment occupied as a private residence: home occupations, including professional offices, that provide an office within the home of a person practicing any recognized profession, including, but not limited to, accountant, appraiser, architect, artist, clergyman, dentist, engineer, lawyer, physician, realtor or surgeon, may be conducted in the dwelling used by such person as his or her residence, provided that the following conditions are met:
A. The profession employs no assistants, other than a secretary, who need not reside within the dwelling. A medical professional may also employ one medical assistant which assists in medical procedures.
B. The home occupation or professional office occupies no more than 1/3 the floor area of the dwelling.
C. Commercial vehicles used in the home occupation are parked behind the front setback line.
D. No window display or signboard is used to advertise such an occupation, other than a nameplate attached to the dwelling.
E. The home occupation or professional office does not change the residential character of the dwelling exterior.
(2) Rooming Unit. In a dwelling or apartment occupied as a private residence: a rooming unit may be rented, provided, however, that no window display or sign is used to advertise such use. Not more than one (1) rooming unit per residence may be so rented and not more than one (1) person per residence, other than the principal occupant's family, shall be permitted to occupy such premises.
(3) Private Garages. A private garage, either attached or detached, shall be required for all dwellings in the residential district on the same lot with the main building. All garages shall conform to the following regulations:
A. A minimum area of two hundred and forty (240) square feet.
B. A maximum size of twenty-seven (27) feet in width and twenty-seven (27) feet in depth.
C. Not more than one (1) garage shall be permitted on any one (1) lot
D. A detached garage shall not be located closer than three (3) feet from a rear lot line and no closer than three (3) feet from a side lot line of an abutting residential use. In the case of a corner lot, the garage shall not be placed closer to the side street than the required setback for that side street.
E. A detached garage shall not exceed eighteen (18) feet to the peak of the gable.
F. A detached garage shall be located back of the rear wall of the main building and not closer than ten (10) feet therefrom.
G. An attached garage shall not protrude closer to the frontage street than the main facade of the dwelling.
(4) Storage Sheds. Storage sheds shall be permitted to be placed or erected within the rear yard of residential districts subject to the following limitations or conditions:
A. They shall not exceed eighty (80) square feet in area or ten (10) feet in height.
B. Storage sheds shall not be located closer than three (3) feet from a rear lot line and no closer than three (3) feet from a side lot line of an abutting residential use. In the case of a corner lot, the storage shed shall not be placed closer to the side street than the required setback for that side street.
C. Storage sheds shall not have open areas beneath the floor which would attract animals or rodents.
D. A storage shed shall be located back of the rear wall of the main building and not closer than ten (10) feet therefrom.
E. Storage sheds shall be located in accordance with the above and the location shall be approved by the Building Commissioner. If the Building Commissioner, upon viewing the site, determines that a shed placed or erected according to these regulations will be injurious to, or cause a nuisance to, abutting property owners, the Building Commissioner shall not issue a permit. In making such a determination, the Building Commissioner shall take into consideration the following factors:
1. The size of the lot.
2. The shape of the lot.
3. The location of the main and accessory structures on the lot when compared to abutting properties.
(5) Swimming Pools. Private pools may be located in a Residential District as an accessory use to the dwelling. The pool and any accessory structure shall not be located in the front yard and shall not be less than three (3) feet from any side or rear lot line. All pools shall comply with fencing requirements of Section 1339.11 of the Building Code.
(7) Arbors, Gazebos, Pergolas.
A. Maximum height - Ten (10) feet
B. Maximum area - One hundred twenty (120) feet
(8) Multi-Family Units. Multi-family structures are permitted within a Residential District. However, no more than three (3) units may be permitted at any given time.
A. If more units are desired, a Conditional Use Permit (CUP) may be granted to allow up to four (4) total units. However, any number of units above the maximum of four (4) shall not be permitted within any residential district.
B. Refer to Chapter 1117, Conditional Use Permits, for application requirements, public hearing information, and Planning Commission actions and conditions.
(c) Family Home Requirements.
(1) A "family home" is a permissible use in a Residential District. In order to help ensure the safety of residents of the facility and the surrounding neighborhood the following information and requirements shall be submitted and adhered to by those establishing "family homes" within the Village.
(2) Definitions:
A. "Developmental Disability" means a disability that originated before the attainment of eighteen years of age and can be expected to continue indefinitely, constitutes a substantial handicap to the person's ability to function normally in society, and is attributable to mental retardation, cerebral palsy, epilepsy, autism or any other condition found to be closely related to mental retardation because such condition results in similar impairment of general intellectual functioning or adaptive behavior or requires similar treatment and services.
B. "Family Home" means a home in which persons with developmental disabilities reside, that provides room and board, personal care, habilitation services, and supervision in a family setting for not more than eight persons with developmental disabilities. No family home shall contain more persons than would normally be allowed to occupy a home based upon health and safety regulations.
(3) Licensing. Every person desiring to operate a family home shall apply for licensure of the facility to the Director of Mental Retardation and Developmental Disabilities of the State of Ohio.
A. Each individual, group or agency operating a family home, approved as provided in this chapter, shall inform the Building Commissioner of the renewal, expiration, termination, or revocation of any license, approval or certification issued by any county, state, or federal agency and shall inform the Building Commissioner of any change in the identity of the individual, group or agency operating such a family home or group home.
(4) Standards for Residents. Persons in the following categories shall not be admitted to a family home as residents or employed for compensation or otherwise as personnel in the home:
A. A non-developmentally disabled person with a felony criminal record.
B. Persons found incompetent to stand trial or not guilty by reasons of insanity of a felonious offense.
C. Persons who constitute a reasonably foreseeable danger to the community or themselves.
D. Persons who use or are addicted to illegal substances/drugs or abuse alcohol.
(5) Inspection and Review. Each family home shall be inspected annually by the Building Commissioner and the Fire Division.
(6) Application and Information Required. Upon notice from the State of Ohio of the proposed issuance of license for a family home, an information application shall be filed by with the Building Commissioner by the individual, group, or agency intending to operate the family home. Such application shall include the following information:
A. The name, address and telephone number of the operator.
B. The name, address and telephone number of the operator's sponsoring group or agency.
C. The address of the home.
D. The projected capacity of the home, classification of handicap, and types of clients served.
E. The timing of any certificate or license renewal process and dates.
F. The experience of the sponsoring agency, applicant and supervisory personnel, including references.
G. The number and type of personnel to be employed at the home.
H. A description of the admissions policy, procedures, and committee membership to be utilized for persons desiring to reside in the home.
I. Any other information required by the Building Commissioner or the Fire Chief to assure public health or welfare.
(7) Change of Use. Occupancy as a family home shall not be considered as a change of use in a building which has been used for residential purposes immediately prior to its use as a family home.
(8) Penalty. Whoever violates any provision of this section is guilty of a minor misdemeanor and shall be fined not more than one hundred dollars ($100.00) for each offense. A separate offense shall be deemed committed each day during which a violation occurs or continues.
(Ord. 2017-49. Passed 12-5-17.)