(a) Private Garages or Parking Spaces for Automobiles.
(1) Private or storage garages or open off-street parking areas are permitted in residential districts if accessory to a dwelling, or an approved Conditional Use as set forth in the preceding schedule, and are required for all uses in accordance with the standards set forth in this Code.
(2) The rebuilding, overhauling, or dismantling of an automobile or the storage of motor or body parts in an open yard is prohibited.
(3) Driveways to a detached garage or accessory parking area in a R1-75 District shall be permitted in a required side yard provided the yard is not less than 12 feet wide. Permanent overnight parking shall not be permitted within the required front yard.
(b) Private Garden and Recreation Uses, Structures, Pools, Fences, Walls.
(1) Landscape features including hedges, trees and shrubs, and yard structures, including fences, trellises, walls, pools, and outdoor fireplaces shall be permitted but shall be regulated as follows so they will not substantially interfere with reception of sun, light and air on adjacent residential lots. Fences and walls over three (3) feet high and all accessory buildings shall require a building permit.
(2) Front yards of interior lot. Fences shall not be permitted in the front yard of a residential lot except, where a lot in any residential district abuts a business or industrial district a fence may be allowed in the front yard along the side lot line adjacent to the business or industrial district if approved by the Planning Commission.
(3) Front yard of corner lot. Landscape features located within a triangle formed by lines drawn between points on the front lot line and side lot line of a corner lot 25 feet from their intersection, shall provide a clear zone within a vertical height band of 2-1/2 feet to six (6) feet above the curb. On the interior side lot line of a corner lot, features may be permitted in accord with the regulations for an interior lot as set forth above.
(4) Side and rear yards. Fences, walls or hedges may be permitted along the side or rear lot lines in side and rear yard to a height of not more than six (6) feet above the average grade provided at least 25 percent of the vertical surface of any fence or wall shall be open to light and air and that any fence shall be of uniform design painted and otherwise well maintained. Tool sheds, and other enclosed structures shall conform to the yard regulations for accessory buildings, set forth in this Code.
(5) Other structures. Floodlights, search lights, loud speakers or similar structures shall not be erected or used in any residential district in any manner that will cause hazards or annoyance to the public generally or to the occupants of adjacent property.
(c) Home Professional Office and Home Occupations.
(1) Home office. An office may be permitted in residential districts in the home of a member practicing any of the recognized professions similar to, and including accountant, architect, artist, engineer, lawyer, musical, physician, provided:
A. No assistants other than members of the family residing therein work there, and
B. It does not change the residential character of the dwelling exterior; and
C. It does not utilize equipment which will create any electrical disturbances beyond the premises, and
D. It does not attract any greater number of automobiles than can be parked in the driveway.
(2) Home occupations. Home occupations may be permitted in residential districts, including home crafts such as dressmaking, millinery, weaving, office space for businesses or services such as real estate, selling or taking orders for merchandise, contracting work, provided:
A. The occupation is conducted only by members of the family residing within the dwelling; and
B. The occupation is conducted wholly within a building and the space used for sale and production activity does not occupy an area of more than 25 percent of the floor area of the dwelling nor more than 150 square feet of floor area of a detached building; and
C. All merchandise sold is produced on the premises; and
D. No mechanical equipment is used which will create any dust, noise, odors, glare, vibrations or electrical disturbances beyond the lot; and
E. The residential character of the dwelling exterior or accessory building is not changed; and
F. The occupation does not attract any greater number of automobiles to the premises than can be parked in the driveway.
(d) Renting of Rooms. The renting from a resident family of not more than two rooms to not more than two persons is permitted in a residential district, provided that the exterior character of the dwelling is not changed, and off-street parking is provided as set forth in this Code.
(e) Gardens; Domestic Animals. The raising for private use or sale of fruits, vegetables, or nursery stock and the keeping of domestic animals is permitted in residential districts as regulated by other ordinances of the Municipality.
(f) Signs. Nameplates and bulletin boards are permitted as regulated in this Code.
(g) Swimming Pools.
(1) For the purposes of this Code, swimming pools shall be defined and classified as follows:
A. "Swimming Pool" means a permanent, open tank or other structure not located within a completely enclosed building designed so as to contain at least three (3) feet of water at any point, included is the lounging and spectator areas and any accessory buildings, structures or equipment.
B. "Private swimming pool" means a pool maintained for the sole use of a household and guests without charge for admission and located as an accessory use to a dwelling.
C. "Club swimming pool" means a pool operated by a private club or a neighborhood association incorporated as a nonprofit organization to maintain and operate it for the exclusive use of a limited number of members and their guests.
D. “Commercial swimming pool” means a pool operated for a profit and open to the public upon payment of a fee.
(2) Swimming pools may be permitted and located in accordance with the following regulations:
A. Private pools, may be located in a residential district as an accessory use to a dwelling. The pool, accessory buildings, structures or other equipment shall not be located in a front or side yard and shall be not less than 15 feet from any lot line.
1. The swimming pool area, or the entire property on which it is located, shall be enclosed within a fence not less than five (5) feet in height to prevent any access to the pool except from a controlled point.
2. Lighting fixtures shall be designed and located so as not to cast direct rays of excessive brightness upon adjoining residential lots. A compact hedge may also be required by the Commission to insulate the pool from adjoining property.
B. Club pools may be located in a residential district provided the lot on which it is located is not less than three (3) acres in area and access to it is provided only from a secondary or major street. The pool, accessory buildings, structures or other equipment shall be located not less than 75 feet from any adjoining residential lot line. At least one-half of the off-street parking spaces shall be located not less than 20 feet from any adjoining residential lot line. The premises or area occupied by the pool shall be fenced, and lighting fixtures designed and located as set forth under private pools.
C. Commercial pools, may be located in any zoning district, except residential districts, provided that all the regulations of this Code pertaining to club pools are complied with.
(3) Permits. A Conditional Use Permit shall be required for each private and club pool in a residential district and each commercial pool. A permit shall be required and renewed each year for commercial pools. A detailed site plan shall be submitted with each application for a permit. The construction, plumbing and electrical requirements, inspection and other safety facilities shall be regulated by other ordinances of the Municipality. All permanent pools three (3) feet in depth and over shall require the issuance of a building permit and approval by applicable county and state authorities.
(4) Signs. Signs in any district shall be designed, erected, altered, moved and maintained in whole or in part, in accordance with the regulations as set forth in this Code.
(h) Parking and Storage of Vehicles. Parking in any district shall be in accordance with regulations set forth in this Code. Boats, trailers, garden tractors, snow plows, etc. shall be stored in an enclosed structure, except for a period of not more than 30 days a year when they may be temporarily stored in a rear yard. All other equipment and supplies shall be stored in an enclosed structure at all times.
(i) Food and Beverage Facilities. Food and beverage facilities shall be permitted in an RHR District only, provided no part of the entrance thereto shall be adjacent to, or within 100 feet of a public sidewalk, street, or one or-two-family residential district; and no sign or display indicating such facilities shall be visible from the high-rise structure in which they are located. With respect to any or all of the requirements or conditions of this paragraph, and upon submission of such plans by the applicant as the Commission may require, the Commission may waive any or all of the said requirements or conditions by explicit approval of a waiver, which approval must be affirmed by Council, provided however, that such food and beverage facilities shall comply with all other requirements of this code any other code or negotiations, particularly the parking requirements applicable to eating and drinking places and sign regulations and requirements.
(Ord. 474. Passed 8-27-73.)