In the R-1 and R-2 Districts, no building or structure or part thereof shall be erected, altered, moved or used, or land used, in whole or in part, except as otherwise provided in this chapter for one or more of the following specified uses:
(a) One-family dwellings.
(b) Farms; buildings erected, altered or moved onto farms shall conform to all provisions of this chapter.
(c) Churches. (Ord. 72-72. Passed 8-31-72.)
(d) Public and private schools offering courses in general education and not operated for profit, state-certified day care centers or pre-schools provided that they are located within a permitted school or church, publicly owned buildings, libraries and parks, upon recommendation of the Planning and Zoning Commission and approval by Council, upon a finding that the use complies with the standards and criteria as follows:
(1) That the proposed use shall be in accordance with the objectives of the land use plan; shall be located so as to have access only on an arterial or secondary street; and may be located only on a local street provided that the extent and intensity of the proposed development will not substantially increase the volume and type of traffic movements on the local street;
(2) That the proposed use is necessary to serve the neighborhood or the residential community at large; that the need cannot be served satisfactorily or that its environment would not be compatible if located in a nearby less restrictive district;
(3) That the depth of the front yard and of the rear yard and the width of the side yards shall each be not less than 100 feet; and
(4) That the location, design and operation of such use will not discourage the appropriate development or impair the value of the surrounding residential areas
(Ord. 73-91. Passed 9-10-91.)
(Ord. 73-91. Passed 9-10-91.)
(e) Community buildings, golf courses, country clubs or similar civic or social clubs but not a residential club or a club operated as a commercial enterprise, after approval granted by the Planning and Zoning Commission upon a finding that the use complies with the standards and criteria as follows:
(1) That the proposed use shall be in accordance with the objectives of the land use plan and shall be located so as to have access only on an arterial street or major thoroughfare;
(2) That the proposed use is necessary to serve the neighborhood or the residential community at large; that the need cannot be served satisfactorily or that its environment would not be compatible if located in a nearby less restrictive district;
(3) That the depth of the front yard and of the rear yard and the width of side yards shall each be not less than 100 feet; and
(4) That the location, design and operation of such use will not discourage the appropriate development or impair the value of the surrounding residential areas.
(f) Picnic grounds, athletic fields or similar areas for physical and outdoor exercises, and recreation areas which shall not be operated for a profit, provided such use is on open land and does not impair the residential appearance or character of such land, only after approval of the use and site development plan is granted by the Planning and Zoning Commission for a period not to exceed two years, upon a finding that the use complies with the standards and criteria as follows:
(1) That the proposed use shall be in accordance with the objectives of the land use plan; shall be located so as to have access only on an arterial street or major thoroughfare;
(2) That the proposed use is necessary to serve the neighborhood or the residential community at large; that the need cannot be served satisfactorily or that its environment would not be compatible if located in a nearby less restrictive district;
(3) That the subject property will act as a buffer or transitional area between a residential development and a nonresidential development;
(4) That the location, design and operation of such use will not discourage the appropriate development or impair the value of the surrounding residential areas; and
(5) That any capital improvements upon the subject property shall be of a temporary nature to preclude any unreasonable financial loss should the grant not be renewed upon expiration.
(Ord. 72-72. Passed 8-31-72.)
(g) Accessory buildings or uses customarily incident to any of the above permitted uses, such as private garages and open parking facilities, private gardens, recreational and storage uses and structures, pools, fences and walls. One or two private garages for each residential lot in which there can be housed a maximum of three passenger vehicles shall be considered a legal accessory use.
(Ord. 114-77. Passed 11-22-77.)
(h) A home-centered profession, occupation, or business (collectively referred to in this subsection as a “business”) may be conducted only as an accessory use on a lot where a dwelling unit is being occupied and being used as a dwelling unit, provided that all of the following standards are maintained:
(1) Home businesses that employ or engage persons in furtherance of the business at any time during a calendar year, other than a resident of the subject premises who is a member of the immediate family residing on the premises, must register the business with the City’s Division of Building, Zoning and Housing (the “Division”) on an annual basis and prior to January 31 of each year. An annual registration fee of fifty dollars ($50.00) is required. A principal of the business shall supply the following information in the annual registration form supplied by the Division:
A. The official legal name of the business and the form of business entity;
B. The names of all principals and employees, whether fulltime, part-time or seasonal; if the nature of the business is seasonal, an estimate of the number of employees that will be employed during any particular season shall be given with the estimated period(s) of employment;
C. A description of the nature and operations of the business;
D. The federal tax identification number for the business; and
E. The number and types of vehicles used for the business, which information in the registration shall be updated in writing to the City’s Division within thirty days of any change in the vehicles being used for the business taking place at the subject premises.
(2) The business shall be conducted wholly within the dwelling unit, except:
A. Vehicles used in the furtherance of the business and all employees’ vehicles must have a valid State of Ohio registration and license plate and may only park behind the imaginary line extending across the front of the main building on the lot to the side property lines of the lot (the “front building line”). On corner lots facing two public streets, there shall be no parking of such vehicles in a front yard or a side yard facing a public street, including the area of such side yard extended to the rear property line. One such vehicle, however, is permitted to be parked in the driveway of the lot if it otherwise meets the requirements of the Codified Ordinances of the City. There shall be no parking of such vehicles on a public street.
B. All vehicles and trailers associated with the business must be parked out of sight from all public rights-of-way and from other residential properties and parked in either an enclosed building or on pavement in an area as described in subsection (2)A. above and screened from view. Such screening shall consist of planted material that provides a year round, continuous visual screen to an initial height of at least six (6) feet. At a minimum such planted areas shall consist of two (2) staggered rows of evergreen (non-deciduous) vegetation. Landscaped earth mounds and fencing may supplement the planted screen in order to achieve the required screen density and height. The Commissioner of the Division or his/her designee shall determine the effectiveness of the selected screening. These screening requirements shall not apply where natural or man-made barriers exist which provide screening equivalent to that required herein as determined by the Commissioner of the Division or his/her designee. Screening shall be maintained in good condition at all times. All earth mounds and fences shall comply with the provisions of the City’s Codified Ordinances.
C. There shall be no staging of business equipment, materials, and/or employees at the premises for the purpose of preparing to perform business activities off of the premises, except for one period of thirty (30) consecutive minutes in the a.m. hours of a day and for one period of thirty (30) consecutive minutes in the p.m. hours of a day and which shall not occur before 7:00 a.m. or after 8:00 p.m. All staging shall occur only behind the front building line. For purposes of this Section, "staging" is defined as loading or preparing materials or equipment to conduct business and employee participation in that activity but only by the number of employees permitted by subdivision (3) below.
D. There shall be no storage of business merchandise, supplies, refuse, spoils, or equipment outside of a completely enclosed building.
(3) The number of business vehicles and the number of employees who do not reside at the premises and are not members of the immediate family residing at the premises that shall be permitted to be on the premises for purposes of conducting any activity related to the business shall be as follows:
A. For lots less than 15,000 square feet in area, there shall be no more than one vehicle and one employee.
B. For lots from 15,000 square feet to less than 43,000 square feet in area, there shall be no more than two vehicles and two employees.
C. For lots from 43,000 square feet to less than 60,000 square feet in area, there shall be no more than three vehicles and three employees.
D. For lots greater than 60,000 square feet in area, there shall be no more than four vehicles and four employees.
(4) No business shall be permitted to operate in any portion of any dwelling unit or lot where the conduct of such business is or will be disruptive to neighboring property owners or occupants by reason of excessive noise, early or late hours of business activity, the intensity of the business activity, or where mechanical, electrical or motorized equipment used in furtherance of the business causes any disturbance, smoke, heat, glare, dust, odor, noise or other environmental pollution of any kind beyond the lot where the home business is located. The regulation of noise shall be as set forth in the City’s Codified Ordinances.
(5) There shall be no direct sales on the premises of merchandise or products manufactured, stored, or transferred on the premises, except for the sale of fruits and vegetables grown on the premises and by advance appointment only for the sale of small items made or produced on the premises, such as baked goods, individual custom-made clothing, goods made of cloth or similar materials, arts and crafts items, computer software, and similar items that can be hand-carried off of the premises by a single person. The provision of services to consumers on the premises shall be by advance appointment only. Open house-type events for a business are prohibited
(6) There shall be no exterior alterations made to the dwelling unit or to an accessory structure for home business purposes which will change the appearance of the dwelling and accessory structure so as to indicate from the exterior that the building or buildings are being used for any purpose other than a residential use.
(7) There shall be no sign, display, or other indications visible from outside any building on the premises that would indicate that the lot is being used, even in part, for any purpose other than that of a residential dwelling, except that a “Sign Plate”, as defined in this Code, not to exceed two square feet in area, that is attached to the wall of the main building on the lot is permitted with no restriction on its content. The maximum size of a Sign Plate or the number thereof, as permitted by this Code, shall not be varied in any manner.
(8) Except for child day care homes, motor vehicles shall only bring clients or customers to or from the home business between 9:00 a.m. to 9:00 p.m. daily. All such vehicles visiting the home business shall be parked on private property and comply with all other provisions of the Codified Ordinances of the City.
(9) There shall be no excavating or earth moving equipment or no vehicles with a hauling capacity of over two tons permitted on a lot.
(Ord. 77-2010. Passed 12-14-10.)
(i) On a parcel of land of less than ten acres, the growing and selling of produce and the keeping of bees, animals and fowl shall be permitted under this chapter, provided the same is produced entirely on such parcels of land and does not become a nuisance or detrimental to the public health, general welfare or safety of the community.
(j) Animals, including fowl, other than pets, shall be housed in accessory buildings. No building or buildings shall be used or built for the housing of animals or fowl, other than pets, on the front half of any lot nor nearer than 175 feet to any adjoining dwelling, nor nearer than fifty feet to the dwelling of the owner thereof, and no animals which are or shall be in any way destructive, dangerous or detrimental to the public health, general welfare or safety of the community shall be kept, harbored or housed in any section of the City.
(Ord. 72-72. Passed 8-31-72.)