(A) Residential uses defined. The residential uses defined below, including accessory buildings and uses, are permitted in the districts indicated in Appendix A which follows this chapter, when complying with the requirements listed therein, subject to the provision of this section.
(1) "MULTI-FAMILY DWELLING." A building designed for or occupied by three or more families, exclusively for dwelling purposes. This definition includes condominiums and cooperatives.
(2) "SINGLE-FAMILY DWELLING." A detached building designed for or occupied by one family exclusively.
(3) "TWO-FAMILY DWELLING." A detached building designed for or occupied by two families. A "DUPLEX DWELLING" has one family unit above the other and a "DOUBLE DWELLING" has one family unit beside the other.
(B) Other provisions for residential uses.
(1) Area and width. A single-family dwelling may be located on any lot in any district in which single-family dwellings are permitted if the lot was in single ownership or included in a subdivision which was of record in the office of the County Recorder at the time of passage of this chapter even though the lot does not have the mininum lot width or the minimum lot area specified for the district.
(2) Rear yard. One-half of an alley abutting the rear lot may be included in the required rear yard.
(3) Accessory buildings.
(a) Accessory buildings are not permitted prior to the erection of the principal building. No accessory building shall be located closer to a side lot line than 3 feet nor exceed 18 feet in height and, if detached from the principal building, shall be set back from the front line of the lot no closer than the rear line of the principal building. The only accessory buildings allowed in residentially zoned districts are private detached garages and storage sheds. All private garages as that term is defined herein shall be considered accessory buildings. A detached private garage shall not exceed 28 feet in width or 28 feet in length or exceed 784 square feet in area. A storage shed or "mini-barn", which is a detached accessory building, but not a private garage, shall not exceed 12 feet in width or 16 feet in length or exceed 192 square feet in area. Only one accessory building shall be allowed per residential lot.
(b) In all residentially zoned districts, at no time shall the surface area occupied by all structures (residence and accessory buildings) exceed 30% of the residential lot area. The residential lot area is the product of the lot width multiplied by the lot length.
(4) Accessory uses. Accessory uses, such as public utility installations, walks, driveways, curbs, retaining walls, mail boxes, name plates, lamp posts, bird baths, and structures of a like nature are permitted in any required front, side, or rear yard. Trees, shrubs, flowers, or plants are permitted in any required front, side, or rear yard.
(5) Front yard. Where 25% or more of the lots in the block are occupied by buildings on the effective date of this chapter, the average setback of those buildings determines the dimension of the front yard in the block; however, front yard lines or building setback lines established in a recorded subdivision shall establish the dimension of front yards in those subdivisions, except when the building setback lines may be less restrictive as provided in§ 152.03. A front yard is required on each abutting street on through lots.
(6) Projections into yards.
(a) Architectural features (cornice, eave, sill, canopy, or similar feature) may extend or project into a required side yard not more than two inches for each one foot of width of the side yard and may extend or project into a required front or rear yard not more than 36 inches. Chimneys may project into any required yard not more than two feet, provided the width of any required side yard is not reduced to less than three feet.
(b) An open platform or landing which does not extend above the level of the first floor of the building may extend or project into any required front or side yard not more than four feet or into any required rear yard not more than 25% of its depth.
(7) Tapered yard. Where the side lot line of an interior lot abuts the rear line of a corner lot, or an alley separating such lots, an accessory building which may be located on the rear lot line of the corner lot shall be set back from the side street a distance equal to the front yard line of the abutting interior lot. For each foot that the accessory building is placed from the rear line toward the front line of the corner lot, the building may be set four inches closer to the side street line, but in no case closer than five feet.
(8) Height. In the districts limiting height to 25 feet, a multi-family dwelling may be increased in height not to exceed 35 feet, provided the required side yards are increased an additional two feet for each foot the structure exceeds 25 feet in height.
(9) Swimming pools. All swimming pools shall comply with the following requirements:
(a) Construction plans. Application for a permit to construct a swimming pool shall be submitted to the Inspection Department. The structural plans must provide for adequate drainage and must be approved by the Building Inspector.
(b) Pool location.
l. In no instance shall the pool or surrounding deck area be located closer than 20 feet to front property line, and not closer than ten feet to a side or rear property line.
2. Swimming pools located on a lot with a dwelling unit in the Cl or C2 zoning district shall meet the same requirements on pool location given for the residential zoning districts above.
(c) Fencing. All swimming pools shall be enclosed by a fence which is at least four feet in height. Rear or side property fences may be used as the rear or side swimming pool fence. However, in all instances, the pool shall be completely contained by a fence on all sides with a gate having adequate locking mechanism.
(10) Fences.
(a) Applications for a permit to construct or install a fence, or hedge over three feet in height which serves the same purposes as a fence, shall be submitted to the Building Inspector. Fences, lattice-work screens, hedges or walls, not more than seven feet in height, may be located in the required side or rear yard, and a hedge, maintained so as not to exceed three feet in height, may be located in any front yard. These fences or hedges shall be placed a minimum of six inches inside the property line of the owner's lot. If a fence or hedge is to be cost-shared with the adjoining property owner, the fence or hedge may be centered on the property line.
(b) No residential fence may be constructed of barbed wire, nor may it be electrified.
(c) These restrictions do not apply in regard to construction or maintenance of a fence of any height in connection with an agricultural use.
(11) In all multi-family developments, 15% of the total lot area shall be reserved for recreation.
(12) Signs. For provisions concerning signs in RS districts, see § 152.30.
(C) Mobile home parks:
(1) General. Floor area of the mobile home shall not exceed 40% of the lot size. The lot area shall not be less than 3,000 square feet and minimum setbacks for each individual lot shall be 12 feet for side and rear yards and a minimum of 20 feet for the front yard. No mobile home shall be closer than 40 feet to the mobile home park sides and rear property line, and no nearer than 100 feet to the front property line. All individual mobile home lots shall include concrete runways of sufficient size and bearing capacity. A uniform concrete slab or patio shall be provided for each mobile home lot. The park shall be consistent with the intent and purposes of this chapter to promote health, safety, and the general welfare of the community.
(2) Accessibility. There shall be at least two principal entrances from a major thoroughfare which provide appropriate, safe, and adequate ingress and egress to the mobile home park. One and one-half parking spaces shall be provided for each mobile home. No major recreational equipment shall be parked or stored on any lot in this district except in a specific parking area built and designated for such purposes, or a carport or enclosed building. However, such equipment may be parked anywhere on a lot for a period not to exceed 24 hours during loading or unloading. No such equipment shall be used for living, sleeping, or house keeping purposes when parked or stored on a lot, or in any location not approved for such use. Automotive vehicles or trailers of any kind or type without current license plates shall not be parked or stored for more than seven days on any property other than in completely enclosed buildings with the exception of licensed antique vehicles. All mobile homes shall be placed so that they can be moved and removed individually without moving any other mobile home.
(3) Visibility at intersections. On a corner lot, nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision between a height of 2-1/2 and ten feet above the centerline grades of the intersecting streets in the area bounded by the street lines of the corner lots and a line joining points along the street lines 30 feet from the point of the intersection.
(4) Fences, walls, and hedges. Not withstanding other provisions of this chapter, fences, walls, and hedges may be permitted in any required yard or along the edge of any yard, provided that driveway entrances are not shielded by fences, walls, and hedges in such a way as to obstruct the view of a driver entering a public road from the driveway. All mobile home park districts shall have a screen planting six feet wide by six feet high around the perimeter of the park itself.
(5) Signs. No sign shall extend beyond any lot line nor shall any sign hinder or obstruct a pedestrian path or a driver's vision or passage of the road. The sign, non-illuminated, up to but not exceeding 16 square feet per side, may be allowed to advertise the mobile home park. In any event, prior to installation of any sign, all signs must have approval of the Plan Commission.
(6) Recreation areas. If the mobile home park is designed to be occupied by ten mobile homes or more, not less than 15% of the gross land area of the park shall be improved for recreational activities for the residents of the park.
(7) Common buildings. Any non-retail structure intended for the common use of the mobile home park residents shall have a minimum of ten-foot side and rear yards and a 25-foot front yard. Shrubs or hedges shall be planted at the perimeter of the side and rear yards and shall not exceed seven feet in height but not less than four feet. Adequate parking shall be provided for and shall be screened from general view.
(8) Plan submittal. A mobile home park plat, mobile home park development plan, and landscape plan shall be submitted to the Plan Commission for approval prior to any development or construction.
(9) Utilities. Each individual mobile home lot shall be serviced by existing city utilities at no cost to the city.
(10) Additional requirements. All mobile homes located in the park shall be properly secured to the ground and shall have suitable skirting which includes the hitch.
(Ord. 2281, passed 4-2-79; Am. Ord. 3427, passed 6-6-05) Penalty, see § 152.99