(a) Required Buffer. For institutions for human care, including hospitals, nursing homes, convalescent homes, senior housing facilities that offer on-site medical services, group homes/Class Two residential facilities, welfare centers, settlement houses, health centers, and elderly day care no such facility may be located within 600 linear feet, exclusive of streets and alleys, of another institution for human care, as listed above, on the same or an intersecting street.
(b) Outdoor Recreation Area. For child day care centers, Type-A day care homes, adult day care centers, and adult group homes/Class Two residential facilities, outdoor recreation or play areas shall be screened with a sight obscuring fence, wall or hedge, or with an open diamond mesh fence as regulated by Section 722.02
(f).
(c) Agriculture. Agriculture shall include the following uses:
(1) Community gardens. Community gardens not owned and operated by the City shall be permitted as conditional uses provided that:
A. Gardens shall be limited to the cultivation of fruits, vegetables, herbs, plants and flowers.
B. Gardens shall be run by a nonprofit entity, community group, or neighborhood group acting as a garden coordinator.
C. The garden shall be served by a water supply sufficient to support the cultivation practices on the site. A small storage shed, 100 square feet or less, shall be permitted, but it shall meet the front setback for the respective district, shall be at least four feet from side and rear lot lines and shall not be greater than 15 feet in height.
D. Greenhouses and/or hoophouse structures associated with a community garden shall follow the dimensional standards of the zoning district. All such structures shall require a conditional use permit and Architectural Review Board approval.
E. All other aspects pertaining to principal and accessory uses in residential districts are adhered to.
(2) Market gardens. Market gardens shall be permitted only in the R-75 Residential District as a conditional accessory use, subject to the following:
A. District. Market gardens shall only be permitted as a conditional accessory use in the R-75 district.
B. Location. Garden beds and structures associated with the garden are allowed inside and rear yards only and must be located a minimum of five feet away from any dwelling structure or side yard line, and 36 inches away from an adjacent rear lot, except where the rear lot line forms the side lot line or front lot line of an abutting property, in which case the setback from such rear lot line shall be five feet.
C. Gardens shall be limited to the cultivation of fruits, vegetables, herbs, plants and flowers, but may also include the keeping of chickens according to regulations set forth in division (c)(3) of this section.
D. The garden shall be served by a water supply sufficient to support the cultivation practices on the site. A small storage shed, 100 square feet or less, shall be permitted, but it shall meet the front setback for the R-75 district, shall be at least four feet from side and rear lot lines and shall not be greater than 15 feet in height.
E. Greenhouses and/or hoophouse structures associated with a market garden shall follow the dimensional standards of the zoning district. All such structures shall require a conditional use permit and Architectural Review Board approval.
F. All other aspects pertaining to principal and accessory uses in residential districts are adhered to.
G. Parking. Off-street parking shall be permitted but shall not exceed more vehicles than can be accommodated in the dwelling's driveway and shall in no way obstruct the sidewalk. On-street parking shall not occupy more than five on-street parking spaces, all of which must be within twenty-five feet of the market garden.
H. Walkways. Walkways shall be unpaved except as necessary to meet the needs of individuals with disabilities.
I. Signs. Signs shall not exceed four square feet in area per side and shall not exceed six feet in height, and in all other aspects conform to regulations set forth in Chapter 770.
J. Seasonal farm stands. Seasonal farm stands shall be removed from the premises or stored inside a building on the premises during that time of the year when the garden is not open for public use.
K. Permit required. A market garden requires a permit from the Building Department, which shall determine if the application is in compliance with regulations regarding construction and permitted placement of enclosures, fences, and farm stands.
(3) Keeping of chickens. The keeping of chickens shall be permitted as a conditional accessory use in all residential districts as well as the R-O District, subject to the following:
A. A maximum of four chickens may be kept on the property.
B. Roosters are not permitted. However, if the gender of a chick cannot be determined at hatching, a chick of either gender may be kept on the property for no more than four months.
C. Placement of coops. Chicken coops and runs are allowed in the rear yard only. Chicken coops and runs must be located a minimum of five feet away from any other inhabited dwelling structure or side yard line, and 36 inches away from an adjacent rear lot, except where the rear lot line forms the side lot line or front lot line of an abutting property, in which case the setback from such rear lot line shall be five feet.
D. Sanitation and nuisances. The facility must be kept in good repair, maintained in a clean and in a sanitary condition, and free of vermin, obnoxious smells and substances. The facility must not create a nuisance or disturb neighboring residents due to noise, odor, damage or threats to public health. No storage of chicken manure is permitted within five feet of the property line.
E. Coops and cages. The chicken coop and run must be designed to ensure that the health and well-being of the animal is not endangered by the manner of keeping or confinement. All animals shall be provided with a covered, predator-proof coop, cage or other shelter that is thoroughly ventilated, designed to be easily accessed and cleaned, and of sufficient size to permit free movement of the animals. A minimum of two square feet must be provided per chicken within chicken coop. The size of the coop shall be in compliance with Section 722.02. It is the Zoning Administrator's discretion if the coop/cage needs Architectural Review Board approval.
F. Enclosures and fences. Chickens and other birds shall have access to an outdoor run, which shall be adequately fenced or otherwise bounded to contain the birds on the property and to prevent access by predators. Any additional areas chickens are granted access to must have adequate safeguards such as rear yard fencing are required to protect the chickens from animals and to prevent unauthorized access to the chickens by members of the general public. Chickens must be kept in coops from dusk to dawn.
G. Slaughtering of animals. Slaughtering of chickens is not permitted on the property.
H. Permit required. The keeping of chickens on a property in the City requires a permit from the Building Department, which shall determine if the application is in compliance with regulations regarding construction and permitted placement of enclosures, fences, cages and coops.
(d) Public Utilities. Public utility uses, such as high-voltage transmission lines and towers, substations and telephone exchanges, may be permitted in any Residential District, provided:
(1) A set of plans, specifications and plot plans, and a statement setting forth the need and purpose of the installations, are filed with the Planning Commission.
(2) Proof is furnished to the Planning Commission that the proposed installation in a specific location is necessary for the convenient and efficient operation of the public system, or for the satisfactory and convenient provision of service by the utility to the City or to the area in which the particular use is to be located.
(3) The design of a public utility structure shall be compatible with the design, bulk and general landscaping of the residential area in which it is located and will in no way adversely affect the safe and comfortable enjoyment of property rights of the zone in which it is located. Adequate and attractive walls and other safety devices will be provided in conjunction with such use, and sufficient landscaping, including trees, shrubs and lawn, will also be provided.
(4) This section does not apply to small-cell devices, please reference Code Chapter 1335 for small-cell facilities and wireless support structures.
(e) Home-Based Place of Worship. All places of worship in residential districts shall conform to standards established in this chapter, but a home-based place of worship may be a conditional use provided that:
(1) It is in continuous use as the established place of residence and primary dwelling of a member of the religious group;
(2) All religious groups wishing to operate a home-based place of worship in the City shall register with the City, using forms provided for this purpose by the City;
(3) The place of worship shall cease services if such use is deemed to be detrimental to the public health, safety, and welfare, or constitutes a nuisance, or when the use is in violation of any statute, ordinance, law or regulation; and
(4) The activities do not include any of the following:
A. Any display or signage that might indicate from the exterior that the dwelling is being used for anything other than residential purposes;
B. Any alteration of the exterior of the dwelling or appurtenant structures that would change the residential character of the premises;
C. The presence of radio antennae that do not meet the following specific regulations:
1. The maximum height is 50 feet from ground elevation;
2. All antennae must be attached to the rear of the dwelling where practical; and
3. The material and construction of all amateur radio antennae shall be approved by the Commissioner of Building for strength, construction, safety, and durability.
D. Use of a garage or appurtenant structure to the extent that it would no longer accommodate the parking of one automobile or truck completely within the structure with the door closed;
E. The parking of more vehicles than can be accommodated in the dwelling's driveway such that no obstruction of the sidewalk occurs, or the parking of more than five on-street parking spaces, all of which must be within twenty-five feet of the home-based place of worship;
F. Generation of truck traffic other than normal parcel delivery services;
G. Generation of pedestrian or automobile traffic that is not normal to a Residential District;
H. Creation of noise, smoke, or other nuisances, including electrical or radio frequency interference;
I. Generation of excessive amounts of trash, materials, or yard waste placed on the curb for pickup by the City's garbage collection contractor.
(f) Planned Unit Residential Development - see Chapter 726.
(Ord. 14-23. Passed 12-11-23.)