EDITOR'S NOTE: This chapter, previously a codification of Ordinances 42-55, passed February 21, 1955; 287-64, passed December 21, 1964; 96-89, passed April 3, 1989; 311-89, passed October 2, 1989; and 15-90, passed February 20, 1990, was re-enacted in its entirety by Ordinance 35-92, passed July 20, 1992.
1153.01 Purposes.
1153.02 Principal uses and buildings.
1153.03 Accessory uses and buildings.
1153.04 Nursing homes.
1153.05 Public facilities.
1153.06 Portable toilets.
CROSS REFERENCES
Accumulating junk prohibited - see GEN. OFF. 660.04(b)
Accessory use or building defined - see P. & Z. 1121.03
Dwelling defined - see P. & Z. 1121.11
Dwelling unit defined - see P. & Z. 1121.12
Width of lot - see P. & Z. 1187.03
Rear residences - see P. & Z. 1195.01
Parking facilities - see P. & Z. 1197.02(a)
Signs and billboards - see P. & Z. Ch. 1196
Two dwellings on one lot restricted - see BLDG. 1529.28
The Single-Family House District and its regulations are established in order to achieve, among others, the following purposes:
(a) To provide for exclusive single-family residential uses where they are compatible with existing residential development within the City;
(b) To protect the desirable characteristics of both existing and planned single-family residential development, and to maintain stability;
(c) To provide protection to single-family residential uses from noxious fumes, odors, dust, excessive noise, the invasion of abnormal vehicular traffic and other objectionable influences by restricting the type of residential uses and by prohibiting nonresidential development within the boundaries of Single-Family House Districts; and
(d) To promote the most desirable and beneficial use of the land based in accordance with plans recommended or duly approved by the City.
(Ord. 35-92. Passed 7-20-92.)
The following accessory uses and buildings are permitted in a Single-Family House District.
(a) Private Garages. A private garage with a maximum floor area of not more than 600 square feet may be erected in, or on the same lot with, the main building. An additional floor area of 200 square feet may be provided for each 2,400 square feet of lot area by which the lot area exceeds 4,800 square feet, and such ratio may be prorated. However, no such garage on one lot shall exceed a total floor area of 800 square feet. Not more than one garage, whether attached or detached, shall be permitted on any one lot. Space for two noncommercial motor vehicles may be rented to persons who are not residents on the same lot.
(b) Parking Areas.
(1) For purposes of this section only:
A. Hard surface: concrete or other approved hard surface area.
B. Driveway: hard surface area in line with direct access to the garage of a width as defined in Section 1153.03
(b)(2), excluding parking pad, yardwalk, and sidewalk.
C. Parking pad: hard surface area contiguous to the driveway, excluding driveway, yardwalk, and sidewalk.
D. Turnaround: hard surface area where a vehicle may be turned around but not parked, excluding driveway, yardwalk, sidewalk, and parking pad.
(2) The amount of hard surface area for a driveway permitted in a residential front setback shall not exceed 32% of the front setback area and the width of said driveway shall not exceed 12 feet wide on a lot with less than 50 feet of effective frontage; 16 feet on a 50 foot to 60 foot wide lot; or 19 feet on a 60.01 foot to 70 foot wide lot; lots wider than 70 feet are permitted a driveway width of not more than 20 feet wide, unless superseded by division (b)(9) of this section.
(3) For a house with a detached garage, a parking pad shall be permitted only in the rear yard.
(4) For a house with an attached garage, a parking pad is permitted in the front setback, unless superseded by Section 1153.03
(b)(5), provided the overall percentage of driveway plus parking pad in the front setback area does not exceed 40%.
(5) For a residential property with a front setback of less than 30 feet, no parking pad is permitted to be constructed in the front setback area, unless superseded by division (b)(9) of this section.
(6) For a residential property with a front setback of 30 feet or more, a parking pad is not permitted within 5 feet of the right-of-way line nor in the interior of the lot.
(7) For a residential property a parking pad is permitted within 3 feet of a side yard with the neighbor sign off, unless superseded by division (b)(9) of this section.
(8) If the property is located on Broadview Road, Brookpark Road, Grantwood Dr., Hauserman Road, Hoertz Road, Pearl Road, Pleasant Valley Road, Ridge Road, Snow Road, Sprague Road, State Road, West 130th St., West Ridgewood Road, and York Road, a turnaround of no more than 180 square feet is permitted in a front setback provided it is setback a minimum of 5 feet off the right-of-way.
(9) If a property has a front setback of less than 20 feet and the dwelling has an attached garage, the maximum width of the driveway shall not exceed 27 feet wide and be setback from the side property line a minimum of 10 feet. The driveway shall not extend beyond the front setback, nor be placed in the side yard. A yardwalk of no more than 4 feet in width is permitted in the side yard.
(10) A non-conforming hard surface, existing at the time of passage of these regulations which is not permitted under these regulations may be continued but shall not be changed or enlarged unless changed as permitted under these regulations.
(c) Parking of Commercial Vehicles.
(1) The parking of commercial vehicles when delivering merchandise shall be limited to the minimum time period required in the usual course of business for making of such delivery.
(2) Only one commercial vehicle not exceeding a gross weight of 8,500 pounds or an overall height of 82 inches may be parked per dwelling unit. Such vehicles must be parked either in an enclosed garage or on a hard-surfaced driveway or turnabout to the rear of the front setback fine of the residence. In addition to the above restrictions, there shall be no parking of the following commercial vehicle types:
A. Tow trucks;
B. Dump trucks;
C. Flat bed trucks;
D. Tractor or semitractor trailer trucks;
E. Stake bed trucks;
F. Box trucks;
G. Any vehicle, including buses, with a dual set of rear wheels; or
H. Any vehicle transporting hazardous or flammable materials beyond what would be normally required to propel that type of vehicle.
(d) Parking of Recreational Vehicles.
(1) Definitions. As used in this chapter, “recreational equipment” means and includes the following, which are defined as follows:
A. “Travel trailer” means a vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses and permanently identified as a “travel trailer” by the manufacturer;
B. “Pickup camper” means a structure designed primarily to be mounted on a pick-up or truck chassis and with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreational and vacation uses;
C. “Motorized home” means a portable dwelling designed and constructed as an integral part of a self-propelled vehicle;
D. “Folding-tent trailer” means a canvas folding structure, mounted on wheels and designed for travel and vacation uses; and
E. “Boat” and “boat trailer” means and includes boats, floats and rafts, plus the normal equipment to transport the same on the streets and highways.
(2) Regulations. No person shall park or store recreational equipment on any street or highway or public or private property within the City except as hereinafter provided. Any owner of recreational equipment may park or store such equipment, not in excess of twenty-four feet in overall length, on property owned by him or her in accordance with the following conditions:
A. Recreational equipment parked or stored shall not have fixed connections to electricity, water, gas or sanitary sewer facilities, and at no time shall this equipment be used for living or housekeeping purposes.
B. If the recreational equipment is parked or stored outside of a garage, it may be parked or stored anywhere on the premises upon an approved driveway and/or parking pad as defined in Chapter 1153
, 1155
, and 1159
. The setback requirement of the recreational equipment from a side or rear lot line shall be a minimum of three feet. The setback requirement of the recreational equipment in the front setback line shall be a minimum of five feet.
C. Notwithstanding the provisions of paragraph (d)(2)B. hereof, recreational equipment, not in excess of 24 feet in overall length, may be parked anywhere on the premises for loading or unloading purposes for a period of not more than 24 hours.
D. All recreational equipment must be kept in good repair and carry a current year’s license and/or registration.
(e) Professional Offices. The office of a surgeon, physician, dentist, clergyman or other professional person, except an undertaker residing in the main building, is permitted, provided that the office is located in the main building.
(f) Home Occupations. Gainful home occupations may be permitted in residential districts, including dressmaking, interior decorating, arts and crafts or any other similar home occupations, but excluding uses permitted as commercial or industrial uses, and may be conducted in the dwelling used by such person as his or her residence, provided that:
(1) No person, other than a member of the household, is employed therein;
(2) No sign is used to advertise such occupation, except that a nameplate may designate such occupation thereon;
(3) The occupation must be conducted wholly within the dwelling;
(4) No merchandise is sold except that which is produced on the premises;
(5) No equipment is used which will create objectionable disturbances beyond the premises;
(6) The space used for sale and production does not occupy more than twenty-five percent of the dwelling unit area;
(7) The use does not change the residential character of the dwelling exterior; and
(8) The use does not require the storage of any equipment, materials or vehicles outside the main building.
(g) Gardens and Domestic Animals. The raising for private use of fruits, vegetables or nursery stock, and the keeping of pets, is permitted in the Single-Family House District, provided that:
(1) Household pets shall be construed to include dogs, cats, rabbits, canaries, parakeets, fish and other domestic animals and birds, but not mules, donkeys, cows, bulls, swine, sheep, goats or tamed wild animals and wild birds.
(2) The keeping of all other animals must conform to the regulations and requirements of Chapter 618 of these Codified Ordinances.
(h) Renting of Rooms. The renting by a resident family of not more than one room to not more than one person is permitted, provided that the exterior character of the dwelling is not changed, no separate cooking facilities are maintained, off-street parking is provided as set forth in Chapter 1197
and there are no signs other than those permitted under Chapter 1196
.
(i) Storage of Construction Equipment and Nonmotorized Trailers. The storage of construction equipment and nonmotorized trailers is permitted on a lot, provided that such storage is not in the open, but is in a garage or other approved accessory building.
(Ord. 35-92. Passed 7-20-92; Ord. 389-94. Passed 5-6-96; Ord. 100-09. Passed 8-3-09; Ord. 34-10. Passed 6-7-10; Ord. 117-13. Passed 8-5-13; Ord. 59-17. Passed 5-7-18; Ord. 223-17. Passed 1-22-18; Ord. 145-21. Passed 10-4-21; Ord. 157-22. Passed 9-18-23.)
(a) As used in this section, "nursing home" means a place or institution the owner or proprietor of which is licensed by the State to furnish lodging and various degrees of domiciliary, custodial and/or medical care to three or more nonrelated persons by reason of their being elderly and/or convalescing. The term includes homes for aging persons, golden-age centers and rest homes, but not maternity or mental hospitals or similar institutions devoted primarily to medical diagnosis and surgical treatment.
(b) Nursing homes are permitted in Single-Family House Districts only by conditional use permit, as provided for in Chapter 1126.
(c) In addition to the general conditions contained in Section 1126.03, a conditional use permit for a nursing home in a Single-Family House District shall only be granted if Council and the City Planning Commission are satisfied that the following requirements will be met:
(1) Site location. A site for a nursing home or similar use shall be located so that it is:
A. Reasonably accessible to a place or center of community activity, active-treatment medical facilities and public transportation; and
B. Removed from factories and other sources of loud noise or noxious smoke and fumes.
(2) Site standards. A site for a nursing home or similar use shall meet the following requirements:
A. A minimum lot area of not less than 20,000 square feet, or providing not less than 2,200 square feet per dwelling or care unit, as applicable.
B. A minimum lot width of not less than 100 feet, at the building setback line.
C. A minimum front yard of not less than forty feet, or as established by the Zone Map, or as determined to comply with setbacks on adjacent sites.
D. Minimum side and rear yards of not less than twenty-five feet.
(3) Site improvements. A site for a nursing home shall be improved to provide the following:
A. Good drainage, adequate sewerage, water and electrical services as determined by the City Engineer under Municipal and State laws.
B. Off-street parking areas at a ratio of at least one parking space per four beds; all hard surfacing and driveway construction shall meet the engineering specifications of the City.
C. Landscaped areas, including lawns, trees and shrubs, to be maintained over not less than thirty percent of the total site area.
D. Fences along site boundaries as deemed necessary to preserve the privacy of adjacent sites.
(4) Buildings. Buildings to be erected and/or used for nursing homes or similar uses shall:
A. Contain rooms to be used for sleeping purposes of not less than 100 square feet for single occupancy, or eighty square feet per person for multiple occupancy;
B. Have a ground floor area not exceeding fifteen percent of the total area of the lot.
C. Not exceed two stories or thirty-five feet in height.
(5) Signs. The provisions of Chapter 1196
of these Codified Ordinances shall apply to nursing homes and similar uses in a Single-Family House District.
(6) Screening and buffering. As far as practicable, such conditional use will be subject to all of the requirements of Chapter 1199
, Section 1199.06
(a) notwithstanding.
(Ord. 267-92. Passed 2-16-93; Ord. 157-22. Passed 9-18-23.)
(a) A new public facility building, limited only to schools, child or adult day care, orphanages and churches, or an addition to such existing public facilities in excess of twenty-five percent of the existing gross floor area, is permitted in a Single-Family House District only by conditional use permit, as provided for in Chapter 1126. All other public facilities not specifically included herein shall be prohibited.
(b) In addition to the general conditions contained in Section 1126.03, a conditional use permit, as required in subsection (a) hereof for a public facility in a Single-Family House District, shall be granted if Council and the City Planning Commission are satisfied that the following requirements will be met:
(1) Site location. A site for a public facility shall be located so as to have access only on a main street, except that it may be located on a local street, provided it is found that the proposed public facility shall not substantially increase the volume and type of traffic movements on the local street.
(2) Site compatibility. The public facility shall be compatible with adjoining residential uses, and the design and operation shall not discourage the appropriate development or significantly impair the value of adjacent properties.
(3) Screening and buffering. As far as practicable, such conditional use will be subject to all of the requirements of Chapter 1199, Section 1199.06(a) notwithstanding.
(c) All public facilities, whether or not a conditional use permit is required, shall meet the following requirements:
(1) The maximum lot coverage by all main and accessory buildings shall not exceed twenty- five percent of the lot.
(2) The minimum lot width at the front setback line shall be 100 feet.
(3) The minimum front setback from the right-of-way line shall be fifty feet, and no parking shall be permitted in the required front yard.
(4) The minimum side or rear yard for a main building shall not be less than fifty feet from a residential property line and not less than twenty-five feet from a nonresidential property line. Accessory buildings, driveways and parking areas shall be located not less than ten feet from a nonresidential property line.
(5) Off-street parking facilities shall be provided at not less than the quantities set forth in Chapter 1197.
(6) Landscaped areas, including lawns, trees and shrubs, shall not be less than thirty percent of the total lot area.
(7) Fences or hedges to provide a permanent year-round visual barrier a minimum of five feet in height are required. The type of fence or hedge shall be subject to the approval of the Planning Commission.
(Ord. 267-92. Passed 2-16-93.)
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