1149.02 R-1 AND R-2 RESIDENTIAL DISTRICTS.
   These residential districts are established as areas in which the principal use of land is for single-family dwellings and for related recreational, religious, and educational facilities normally required to provide an orderly and attractive residential area. The regulations for these districts are intended to discourage any use which, because of its characteristics, would interfere with the development of or be detrimental to the residential nature of the area included in the districts.
   (a)   Uses Permitted in R-1 & R-2 Residential Districts:
      Single-family dwelling with garage.
      Home occupation (subject to requirements in Section 1153.11).
Temporary building, incidental to the construction of buildings permitted in these districts, and which shall be removed when the work is completed.
      Uses and structures customarily accessory to the permitted uses.
    (b)    Uses Permitted on Review: The following uses may be permitted on review by the Planning and Zoning Commission in accordance with the provisions of Chapter 1159.
      Child care home
      Church
            Golf course, including clubhouse and other improvements
            Library
            Private recreation area
            School, public, parochial, and private.
            Portable, temporary school classroom.
      Professional Services
            Public/Government buildings and structures.
   (c)   Accessory Building Setback: Accessory buildings may be located in the rear yard provided they are set back not less than five (5) feet from any lot line and occupy not more than 20 percent of the rear yard.
     (d)    Off-Street Parking. Off-street parking shall be provided in accordance with the provisions set forth in Section 1153.09.
      (e)    Minimum Requirements - Residential Lots: See Section 1149.12.
   (f)    Minimum Requirements -Nonresidential Lots: See Section 1149.12.
      (g)    Height Limitation: See Section 1149.12.
      (h)    Single Lots or Adjacent Lots: No fences, garages, or storage sheds will be permitted on a lot that does not already have a primary structure on it (commercial building or residential structure).
   (i)   Uses Permitted Upon Obtaining a Special Occupancy Permit from the Zoning Administrator:
      (1)    Residential Withdrawal Management or Addiction Services or Treatment Facility or House: No person may operate a residential withdrawal management or addiction services or treatment facility or house providing accommodations for more than five unrelated persons in a R-1 or R-2 District. Persons operating facilities providing accommodations for one to five unrelated persons must prior to opening, obtain a Special Occupancy Permit from the Zoning Administrator.
         The criteria for receiving and remaining in compliance with the terms of the Special Occupancy Permit are as follows:
         A.    Such facility complies with the area, height, yard, and other requirements set forth in the Zoning Code for R-1 and R-2 Districts.
         B.    The operator is certified to provide such services by the State of Ohio in accordance with the requirements set forth in Section 5119.35(A) of the Ohio Revised Code or the individual or organization possesses the necessary license, certificate, registration, and/or accreditation set forth in Sections 5119.35(8) or 5119.361 of the Ohio Revised Code and provides proof of same to the Zoning Administrator prior to the issuance of the Special Occupancy Permit and on a yearly basis after the issuance of the Special Occupancy Permit.
         C.    The operator and facility are certified and licensed pursuant to Sections 5119.36 and 5119.37 of the Ohio Revised Code, and the facility is not located on a parcel of real estate that is within a radius of five hundred linear feet of the boundaries of a parcel of real estate having situated on it another similar facility, a public or private school, or a child day care center licensed under Chapter 5104 of the Ohio Revised Code. The operator shall be required to provide proof of such aforementioned necessary certifications and licenses to the Zoning Administrator prior to the issuance of the Special Occupancy Permit and on a yearly basis after the issuance of the Special Occupancy Permit.
         D.    The facility requires screening of potential residents in accordance with Federal and State Law.
            (Ord. 2022-43. Passed 10-19-22.)