1272.01   RESIDENTIAL DISTRICT ONE.
   (a)   Intent.  To establish and preserve quiet single-family neighborhoods as desired by a large number of people, free from other uses except those which are both compatible with and convenient to the residents of such a District.
   (b)   Permitted Principal Uses.  Detached single-family dwellings.
   (c)   Conditional Uses.
        (1)   Schools, libraries, churches, Municipal buildings, private and public parks, and similar recreational facilities, where such conditional uses front on and have principal driveway access to a paved street of twenty-four feet in width and are so located, site planned and designed to avoid undue noise, light and traffic and other nuisances and dangers.
      (2)   Any two-family dwellings where the appearance of the dwelling is consistent with the established character of the neighborhood as one of single-family detached dwellings.  No outside stairway to the second floor is permitted.
      (3)   A funeral home, provided a use permit is obtained from the Board of Zoning Appeals.  A use permit shall be granted only if the Board finds that:
         A.   The established character of the neighborhood will not be adversely affected thereby;
         B.   The proposed design and appearance of the structure are consistent with the established character of the neighborhood;
         C.   The property concerned has frontage on a through highway bearing State route numbers, and, for the purpose of forming processions without impending traffic:
            1.   Has direct access to a side street other than a through highway; or
            2.   Has sufficient linear feet of driveway, in the judgment of the Board of Appeals, to accommodate the forming of processions;
         D.   The property is not located within 1,000 feet of any church or school premises, as measured by an arc drawn from the corner of any existing or proposed building on the property nearest to the school or church;
         E.   Not more than two signs will be erected on the property, the dimensions of each not to exceed twelve square feet in area and, if illuminated, not be operated between 10:30 p.m. and 8:00 a.m. of the following day at the prevailing time; and
         F.   Any existing or proposed structure shall have a minimum setback of fifty feet from the through highway and twenty-five feet from the side road, measured from the street lines.
      (4)   A guest house for the lodging, in a residential dwelling, of visitors or travelers who plan to lodge for a limited duration.  Such conditional permit shall be granted only if the following conditions exist:
         A.   The established character of the neighborhood would not be adversely affected.
         B.   The proposed design and appearance of the guest house structure are consistent with the established character of the neighborhood.  In the event the proposed guest house is an existing structure, no unsightly alterations will be made to facilitate the guest house, such as extensions or enlargements, exterior stairways or elevators, entrances, driveways, separate buildings or other exterior alterations.  No variances from existing yard or setback requirements shall be granted to accommodate the guest house use.
         C.   The total number of sleeping rooms for guests shall be determined by the Board of Zoning Appeals, based on what number can be practically and conveniently accommodated in such building, property and neighborhood.  In any event, the number of sleeping rooms shall be limited to ten.  No sleeping room shall be permitted to be used by more than four guests at any one time.
         D.   The premises shall not be used as a restaurant which offers meals to the general public.  Meals may be served to guests, provided all applicable health laws are complied with.
         E.   The activities of guests shall be strictly controlled so that there shall be no disturbing or noisy activities which could annoy neighbors or be a nuisance to the neighborhood.  Any outside activities shall cease at 10:00 p.m. and only lighting for ingress and egress shall be permitted after 10:30 p.m.
         F.   One off-street parking space, as defined in Section 1260.05(21), shall be provided for each guest room in the guest house.  One parking space shall also be provided for each permanent adult housekeeping occupant.  Ingress to and egress from such parking shall be by paved driveway.  The parking spaces shall be fenced or screened so that they shall not be readily visible from any public street or adjoining property.  All fencing and screening shall comply with paragraph (d)(4) hereof.
         G.   Any outside guest activity, tool, maintenance or refuge areas shall either be in buildings or inside fenced or screened areas so as not be visible from any public street or adjoining property.  Fencing or screening shall comply with paragraph (d)(4) hereof.
         H.   Only one sign with dimensions not to exceed ten square feet shall be erected on the property.  The design, markings, coloring, height and placement of such sign shall be approved by the Architectural Review Board.  Such sign shall not be lighted between 10:30 p.m. and 7:00 a.m. of the following day.
         I.   No other activity prohibited in a Residential One District shall be permitted on the premises.
(Ord. 792A-85.  Passed 5-6-85; Ord. 1047-97.  Passed 8-12-97.)
   (d)   Accessory Uses.
      (1)   Garage space for two motor vehicles on any lot.  Garage space may be provided for one additional motor vehicle for each 2,500 square feet of area by which such lot exceeds 5,000 square feet, but in no case shall more than five motor vehicles be permitted.
      (2)   Stables for no more than two horses.  The stables shall be more than fifty feet from any lot line, and the lot shall exceed one acre.
      (3)   Home occupations only to the extent authorized by the definition of the term in Section 1260.05(15).
      (4)   No fence between the front building line and front property line shall be in excess of three feet in height.  Rear and side lot line fences shall not be in excess of six feet in height.
(Ord. 710-78.  Passed 9-19-78.)
      (5)   “Accessory building” includes barns, tool sheds and any building except houses or garages in Residential Districts One and Two.  Accessory buildings shall be limited to one story and a floor area of 500 square feet.  Any accessory building that is twelve feet by twelve feet 144 square feet or smaller shall conform to Chapter 1274 regarding height, bulk and density requirements, excluding the rear lot line setback.  An accessory building shall follow a rear lot line setback of ten feet.  If the rear lot line is in question, the burden of proof will lie on the property owner of said lot before a permit can be issued.  In case of doubt, the Board of Zoning Appeals is hereby authorized to determine the rear lot line setback.  All other requirements are in full force.
(Ord. 918-93.  Passed 1-5-93.)