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§ 152.062 DISTRICT BOUNDARIES.
   When uncertainty exists with respect to the boundaries of the various districts as shown on the zoning map, the following rules shall apply:
   (A)   District boundary lines are either the centerlines of railroads, highways, streets, alleys or easements, or the boundary lines of sections, quarter-sections, divisions of sections, tracts or lots of such lines extended otherwise indicated.
   (B)   In areas not subdivided into lots and blocks, wherever a district is indicated as a strip adjacent to and paralleling a street or highway, the depth of such strips shall be in accordance with the dimensions shown on the map from section, quarter-section or division lines, of center lines of streets, highways or railroad right-of-way unless otherwise indicated.
   (C)   Where a lot held in one ownership and of record on August 4, 1986, is divided by a district boundary line, the entire lot shall be construed to be within the less restricted district, provided that this construction shall not apply if it increases the less restricted frontage of the lot by more than 25 feet.
(Ord. passed 8-4-86)
§ 152.063 ZONING OF STREETS.
   All streets, alleys, public ways and railroad rights-of-way if not otherwise specifically designated shall be deemed to be in the same zone as the property immediately abutting on such alley, streets, public ways and railroad rights-of-way. Where the center line of a street, alley, public way or railroad right-of-way serves as a district boundary, the zoning of such areas, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property up to such center line.
(Ord. passed 8-4-86)
§ 152.064 ZONING OF ANNEXED LAND.
   Prior to the annexation of any territory to the city, a plan of zoning the area to be annexed shall be forwarded to the city by the Buildings and Grounds Committee. Upon approval of such plan for zoning, the area to be annexed, the City Council shall direct the Buildings and Grounds Committee to hold a public hearing in accordance with the regulations of § 152.139.
(Ord. passed 8-4-86)
RESIDENCE DISTRICTS
§ 152.075 R-1 ONE FAMILY RESIDENCE DISTRICT.
   (A)   Permitted uses. The following uses are permitted:
      One-family and permitted accessory uses;
      Parks, forest preserves and recreational areas, when publicly owned and operated;
      Home occupations;
      Public schools, elementary and high, including playgrounds, athletic fields, auxiliary thereto;
      Signs, subject to the provisions of §§ 152.125 through 152.127;
      Accessory uses;
      Boardinghouses or lodging houses.
   (B)   Special uses. The following uses may be allowed by special use permit in accordance with the provisions of §§ 152.170 through 152.181:
      Churches, rectories and similar religious institutions, including dormitories and other accessory uses required for operation;
      Electric substations;
      Institutions for the aged and for children;
      Libraries;
      Off-street open parking area, provided there is a need for this facility in the interest of public necessity and convenience and that no appropriate site is available in nearby business or manufacturing districts;
      Publicly owned or operated fire and police stations;
      Rest homes or nursing homes;
      Schools: day or nursery, public or private;
      Telephone exchanges
   (C)   Off-street automobile parking facilities. Automobile parking facilities shall be provided as required or permitted in §§ 152.110 through 152.115.
   (D)   Lot size.
      (1)   Every one-family detached dwelling hereafter erected shall be located on a lot having an area of not less than 10,000 square feet and a width at the established building line of not less than 80 feet.
      (2)   All non-residential principal uses of buildings, as permitted herein shall be located on a tract of land having an area of not less than 20,000 square feet with a minimum width of 100 feet at the building line.
      (3)   Minimum lot sizes for special uses shall be prescribed and conditions stipulated at the time a special use permit is authorized but in no case shall any such lot have an area less than 20,000 square feet and a width of 75 feet at the established building line.
      (4)   Nonconforming lots of record. Notwithstanding any other provisions to the contrary in the this code, any lot of record, on the effective date hereof, that does not comply with the requirements of the district in which it is located as to lot area, lot width and/or lot depth, may be used for the erection and/or replacement of a building intended for a use permitted in the district in which the lot is located provided, however, that such building complies with all setback requirements delineated on the recorded plat of subdivision (or if not so recorded, if the lot in question was created of record on or before January 1,2014, said lot may utilize the setback requirements of the zoning ordinance in effect immediately prior to said date) for that lot and all other applicable requirements of this code. Further, if the principal structure on the lot of record is damaged and the owner desires to rebuild it, then it may be rebuilt upon the same footprint as the damaged structure even though it may not comply with the then applicable setback requirements. And, lastly, no property owner of any lot shall convey any part of said lot if the lot is then not in compliance with the minimum area, width or depth required by the code or, if not in compliance therewith on the effective date of an ordinance relating to this issue would result further non-compliance.
   (E)   Yard areas. No building shall be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure or enlargement:
      (1)   Front yard. A front yard of not less than 20 feet shall be provided and maintained.
      (2)   Side yard. A side yard on each side of the principal building of not less than 10% of the lot width, except where a side yard adjoins a street, the minimum width on the street side shall be increased to 15 feet. A principal use which does not provide a vehicular front access drive shall have a side yard on one side of not less than ten feet in width.
      (3)   Rear yards. A rear yard of not less than 40 feet.
      (4)   Notwithstanding the requirements stated in division (E) above, when the owner of residential property desires the repair or replace the steps attached to the residence and said repair or replacement cannot be done without violating the setback requirements applicable in the Code of Ordinances, then, while also complying with the Property Maintenance Code, the owner may repair or replace the steps such that they comply with the Property Maintenance Code on condition that the work is completed so as to provide the minimum violation of the otherwise required setback which applies to the subject zoning lot.
      (5)   When the owner of residential property desires to repair or replace the front porch of the residence and said porch violates the front yard setback of 20 feet (see § 152.075(E)(1)), the owner may repair or replace the front porch provided it is placed upon the same footprint as the porch to be repaired or replaced.
   (F)   Maximum floor area ratio: The maximum floor area ratios in this district shall be as follows:
      One-family residences 0.5
      Permitted non-residential uses 1.0
      Special uses (to be specified as part of the special use permits) 2.0
   (G)   Dwelling standards. Every one-story dwelling hereafter erected in any R-1 One-Family Residence District shall have a total ground floor area of not less than 800 square feet, measured from the outside of the exterior walls, including utility rooms, but excluding cellars, basements, open porches, breezeways, garages and other spaces not used frequently or during extended periods for living, eating, or sleeping purposes. Every dwelling of more than one story hereafter erected in any R-1 One-Family Residence District shall have a total floor area measured from the outside of the exterior walls of not less than 1,100 square feet, including utility rooms but excluding cellars, basements, open porches, breezeways, garages and other spaces that are not used frequently or during extended periods for living, eating or sleeping purposes except that enclosed space intended for habitable rooms which are to be completed within a reasonable time may be considered in computing such floor areas.
(Ord. passed 8-4-86; Am. Ord. 09-21, passed 9-8-09; Am. Ord. 14-01, passed 1-20-14; Am. Ord. 20-02, passed 3-2-20)
§ 152.076 R-2 GENERAL RESIDENCE DISTRICT.
   (A)   Permitted uses. The following uses are permitted:
      Any use permitted in R-1 One-Family Residence District;
      Two-family dwellings;
      Multiple-family dwellings and apartments;
      One-family row dwellings (party walls);
      Existing structures designed for single-family use may be converted for use for not more than four families, provided that all other requirements of this chapter are complied with;
      Private or fraternal clubs or lodges, except those whose chief activity is primarily of a business nature.
   (B)   Special uses. Any use which may be allowed as a special use in the R-1 One-Family Residence District, in accordance with the provisions of §§ 152.125 through 152.127.
   (C)   Automobile parking facilities. Automobile parking facilities shall be provided as required or permitted in § 152.110 to 152.115.
   (D)   Lot size.
      (1)   For one-family detached dwellings hereafter erected, the same regulations shall apply as required in the R-1 One-Family Residence District.
      (2)   Every two-family dwelling hereafter erected shall be on a zoning lot having a minimum area of not less than 8,000 square feet and a minimum width of not less than 75 feet at the building line.
      (3)   Every multiple-family building hereafter erected containing more than three dwelling units shall provide a lot area per dwelling unit in accordance with the following:
         Efficiency and one-bedroom units   2,500 square feet
         Two-bedroom units   3,500 square feet
         Units of three or more bedrooms   4,000 square feet
      (4)   Nonconforming lots of record. Notwithstanding any other provisions to the contrary in the this code, any lot of record, on the effective date hereof, that does not comply with the requirements of the district in which it is located as to lot area, lot width and/or lot depth, may be used for the erection and/or replacement of a building intended for a use permitted in the district in which the lot is located provided, however, that such building complies with all setback requirements delineated on the recorded plat of subdivision (or if not so recorded, if the lot in question was created of record on or before January 1,2014, said lot may utilize the setback requirements of the zoning ordinance in effect immediately prior to said date) for that lot and all other applicable requirements of this code. Further, if the principal structure on the lot of record is damaged and the owner desires to rebuild it, then it may be rebuilt upon the same footprint as the damaged structure even though it may not comply with the then applicable setback requirements. And, lastly, no property owner of any lot shall convey any part of said lot if the lot is then not in compliance with the minimum area, width or depth required by the code or, if not in compliance therewith on the effective date of an ordinance relating to this issue would result further non-compliance.
   (E)   For the purpose of this section, every room other than a living room, dining room, kitchen, bath or utility room shall be counted as a bedroom.
      (1)   All non-residential principal uses of buildings as permitted herein shall be located on a tract of land having an area of not less than 7,500 square feet with a minimum width of 75 feet at the established building line.
      (2)   Minimum lot sizes for special uses shall be prescribed and conditions stipulated at the time a special use permit is authorized, but in no case shall any such lot have an area less than 7,500 square feet and a width of 75 feet at the established building line.
   (F)   Yard areas. No buildings shall be erected or enlarged unless the following yards are provided and maintained:
      (1)   Front yard. A front yard of not less than 20 feet shall be provided and maintained.
      (2)   Side yards.
         (a)   One and two-family dwellings. A side yard on each side of the principal building of not less than 10% of the lot width, except where a side yard adjoins a street, the minimum width on the street side shall not be less than ten feet. In no case shall a side yard be less than five feet.
         (b)   Multiple-family. A side yard on each side of the principal building of not less than ten feet, except where a side yard adjoins a street the minimum width shall not be less than 15 feet.
         (c)   Rear yards. A rear yard of not less than 30 feet.
   (G)   Maximum floor area ratio. The maximum floor area ratio shall not exceed 0.7.
   (H)   Dwelling standards.
      (1)   One-family dwellings hereafter erected in the R-2 General Residence District shall conform to the floor areas as required for one-family dwellings in the R-1 One-Family Residence District.
      (2)   Two-family dwellings hereafter erected shall have a total floor area of not less than 720 square feet for each dwelling unit, measured from the outside walls, including utility rooms, but excluding all other areas not used for living or sleeping purposes.
      (3)   Dwelling in multiple-family structures shall conform to the minimum room size required or permitted in the building code.
(Ord. passed 8-4-86; Am. Ord. 09-21, passed 9-8-09; Am. Ord. 14-01, passed 1-20-14)
§ 152.077 R-2-1 SPECIAL RESIDENCE DISTRICT.
   (A)   Purpose. The regulations of the R-2-1 special residence district are intended to maintain and strengthen the unique physical environment in an older established residential area, while providing for imaginative and compatible adaptive use of structures which cannot be economically maintained for their original intended use. There are specific physical characteristics which contribute to the unique environment. Older residential structures of varied architectural character include examples of historic styles. The visual landscape along the street frontage is characterized by mature vegetation and lawns. The spacing of existing structures in relationship to the street creates a scale that is spacious and in proportion with the traditional residential character. In order to preserve the physical character of the area, the R-2-1 District provides for certain special uses of a nonresidential character which will be compatible with and adaptable to the residential structures in the district. These uses are intended to be compatible with the traditional residential character of the area, and establishment of a special use should be based upon maintenance and enhancement of the essential physical character of a property, including the exterior facade of the principal structure, the visual appearance of the front and side yard area, existing vegetation, landscape character and traffic patterns.
   (B)   Permitted uses. No building or land shall be used and no building shall hereafter be erected, structurally altered or enlarged unless otherwise provided except for the following uses:
      (1)   Any of the uses permitted in R-1 and R-2 Districts;
      (2)   Existing structures designed for single-family use may be converted for use for not more than four families, provided that all other requirements of this division are complied with.
   (C)   Special uses. Special uses may be allowed if their site locations and proposed development plans are first approved as provided in §§ 152.170 through 152.181, and in accordance with the provisions of this section.
      (1)   The following special uses may be allowed:
         (a)   Churches, rectories and similar religious institutions and other accessory uses required for operation.
         (b)   Professional offices, including medical and dental offices and group medical practices, but not including emergency or outpatient clinics or veterinary clinics.
         (c)   Philanthropic or charitable uses or institutions.
         (d)   Private clubs and lodges, except those the chief activity of which is a service normally carried on as a business.
         (e)   Gift shops.
         (f)   Photography studios.
         (g)   Opticians.
         (h)   Antique shops, but not including resale of secondhand items.
         (i)   Art galleries and studios.
         (j)   Florist shops for retail trade on the premises only.
         (k)   Interior decorating shops, limited to retail trade only.
         (l)   Picture framing when conducted for retail trade.
         (m)   Restaurants, but not of the carry-out, drive-in or fast-food type; and provided that service of alcoholic beverages shall be incidental to the service of meals to patrons.
         (n)   Sale of hand-made crafts and needlework.
         (o)   Boutique, where the primary function is the retail sale of women's, men's and/or children's apparel and accessories; and which may also include as an incidental function the retail sale of related items, such as toiletries, antiques, flowers, imported gifts, and home furnishing accessories.
         (p)   Fitness and exercise center.
         (q)   Beauty shops.
         (r)   Weddings, banquets and reception halls.
      (2)   Special uses shall be subject to the following additional conditions:
         (a)   The exterior appearance of the structure shall not be altered, except as required to conform to city codes or to restore the structure to its original architectural character.
         (b)   Signage shall be limited to one post or ground sign on the property, not to exceed six feet in height, with no face of the sign to exceed 16 square feet in area, and no dimension to exceed six feet.
         (c)   Off-street parking shall not be located in front of the established front building line, and shall be screened so that it is not visible from the street.
         (d)   Side and rear lot lines abutting residentially zoned property shall be subject to the screening requirements of the B-1 district.
         (e)   The operating hours of the special use may be limited and no exterior sound display shall be permitted.
   (D)   Automobile parking and loading facilities. Automobile parking and loading facilities shall be provided as required or permitted in §§ 152.110 through 152.115. Off-street parking shall not be permitted in the front yard nor in a required side yard.
   (E)   Lot areas. The same requirements shall apply as in the R-2 District.
      (1)   Nonconforming lots of record. Notwithstanding any other provisions to the contrary in the this code, any lot of record, on the effective date hereof, that does not comply with the requirements of the district in which it is located as to lot area, lot width and/or lot depth, may be used for the erection and/or replacement of a building intended for a use permitted in the district in which the lot is located provided, however, that such building complies with all setback requirements delineated on the recorded plat of subdivision (or if not so recorded, if the lot in question was created of record on or before January 1,2014, said lot may utilize the setback requirements of the zoning ordinance in effect immediately prior to said date) for that lot and all other applicable requirements of this code. Further, if the principal structure on the lot of record is damaged and the owner desires to rebuild it, then it may be rebuilt upon the same footprint as the damaged structure even though it may not comply with the then applicable setback requirements. And, lastly, no property owner of any lot shall convey any part of said lot if the lot is then not in compliance with the minimum area, width or depth required by the code or, if not in compliance therewith on the effective date of an ordinance relating to this issue would result further non-compliance.
   (F)   Yard areas. The same requirements shall apply as in the R-2 District.
   (G)   Maximum floor area ratios. The same requirements shall apply as in the R-2 District.
(Ord. passed 8-4-86; Am. Ord. 93-04, passed 7-6-93; Am. Ord. 07-06, passed 3-19-07; Am. Ord. 14-01, passed 1-20-14)
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