CHAPTER 1455

General Provisions

 

1455.01  Height Exceptions                                             1455.10  Construction Time

1455.02  Corner Lots                                                                     Limits

1455.03  Minimum Living Area                                        1455.11  Front Yard Exceptions

1455.04  City Services Unavailable                                  1455.12  Pre Fab Storage Barn

1455.05  Porches and Decks                                            1455.13  Modular Homes

1455.06  Accessory Buildings                                          1455.14  Trees, Shrubs, Etc.

1455.07  Conflicts of Law                                                1455.15  Sidewalks and

1455.08  Swimming Pools                                                               Driveways

1455.09  Fences

 

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            1455.01  HEIGHT EXCEPTIONS

            (a)  Public, semi public or public service buildings, hospitals, institutions, agricultural buildings, or schools when permitted in a district, may be erected to a height not exceeding 110 feet, and churches and temples may be erected to a height not exceeding 75 feet.  If the building is set back from each yard line at least one foot for each foot of additional building height above the height limit otherwise permitted in the district in which the building is built.

            (b)  Television and radio towers, church spires, belfries, monuments, tanks, water and fire towers, stage towers or scenery lofts, cooling towers, ornamental towers and spires, chimneys, elevator bulkheads stacks, conveyors and flag poles may be erected to such height as authorized by the Zoning Board.

            (c)  Buildings in the M-2 District may be increased in height one foot for each foot the building is set back from all yard lines up to a maximum of 100 feet provided that the gross floor area provided, exclusive of enclosed garages, does not exceed the number of square feet of land area of the lot on which the building is placed

 

 

            1455.02  CORNER LOTS

            (a)  Corner Lots in all Districts are required to have the minimum front yard requirements, as indicated in the Chapter pertaining to that district, facing both streets, and both front yards must follow all requirements that apply to front yards.

            (B)  No sign, fence, wall, shrub or other obstruction of vision exceeding two feet in height above the established street grade, shall be erected, planted or maintained within the corner lot that is included between the lines of the intersecting streets and a straight line connecting them at points 30 feet distant from the intersection of both the street lines.

            (C)  On corner lot the minimal buildable width of 28 feet for the main building is reduced to 22 feet for accessory buildings

 

 

            1455.03  MINIMUM LIVING AREA FOR DWELLING UNIT

            No structure shall be erected, reconstructed or converted for use as a dwelling unless the following minimum living floor area per dwelling unit is provided.

(a)  Single Family, Single Family Attached, and Two Family Dwellings         

                       Dwelling Unit               With Basement             Without Basement

            (1)  One Bedroom                           600                                800

            (2)  Two Bedrooms                         800                                1,000

            (3)  Three Bedrooms                       1,000                             1,200

            (4)  Four Bedrooms                         1,200                             1,400

            (5)  Five or More Bedrooms            1,400                             1,800

 

(b)  Multifamily Dwelling

            (1)  Efficiency apartment                                        250 sq. ft.

            (2)  One Bedroom apartment                                 500 sq. ft.

            (3)  Two Bedroom apartment                                750 sq. ft.

            (4)  Three Bedroom apartment                              1,000 sq. ft.

            (5)  Four or More Bedroom apartment                  1,250 sq. ft.

 

            1455.04  CITY SEWER AND WATER IS UNAVAILABLE

            (A)  Where central sanitary sewerage facilities and central water facilities are not available, the minimum lot size shall be one acre for a single family dwelling in any "R" District, and two acres for a two family dwelling, unless the responsible health authority requires additional acres.

 

            1455.05  PORCHES AND/OR DECKS

            (a)  Open unenclosed porches may extend ten feet into the side or front yard.

            (b)  Open unenclosed porches may not exceed 20% of the rear yard.

            (c)  Enclosed porches will be considered as part of the main building and must

                  comply to all requirements of that main building within that district.

            (d)  All Porches whether unenclosed or Enclosed shall cover the side, front or rear, from the floor down, so as to prevent animals, prowlers or rodents from making it their habitat.

            (e) The following schedule shall apply for all Porches and/or Decks

                  (1)  The fee for all Porches will be,   See Chapter 1489 Par. d

 

 

            1455.06  ACCESSORY BUILDINGS

            (a)  An accessory building attached to the main building on a lot shall be made structurally a part thereof and shall comply in all respects with the requirements of this Zoning Ordinance applicable to the principal building.  No accessory building which is not a part of the main building shall be located closer than fifteen feet from the principal building.  Accessory buildings located in residential districts shall have side yard clearances in accordance with the following:

            (1)  An accessory building more than fifteen from the main building may be

                  erected to within five feet of a side or rear lot line, but must be located

                  At least sixty feet from the front lot line.

            (b)  A private residential garage used only for the housing of noncommercial passenger automobiles may not exceed 500 sq. feet.  An additional floor area of 200 square feet may be added for each 3,000 square feet of lot area when such lot exceeds 6,000 square feet, provided that no garage shall exceed 1,000 square feet.

            (c)  No accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced.  No accessory building shall be used unless the main building on the lot is also being used.  However, nothing shall prevent the use of a temporary construction shed or road wagon for the storage of tools, material and equipment by a contractor during building construction.

            (d)  No accessory building may be erected in a front yard.

            (e)  Whenever an accessory building is entered off an alley it must be kept a minimum of 15 feet from the alley.

 

 

            1455.07  CONFLICTS OF LAW

            (a)  If any of the requirements or regulatory provisions of this Zoning Ordinance are found to be inconstant with one another. the more restrictive or greater requirement shall be deemed, in each case, to be applicable.

 

 

            1455.08  SWIMMING POOLS

            Public or private in-ground or above-ground swimming,  or other pools containing over two feet of water depth shall be considered as structures for the purpose of permits,  shall not be located in front or side yards and shall conform to all required yard setback lines. Every pool defined as a structure shall be completely surrounded by a fence or wall and not less than four feet in height.  Such fence shall be constructed so as to have no opening, hole or gap larger than four inches in any dimension, except for a door or gate which shall be equipped with a suitable locking device to prevent unauthorized intrusions.  Above ground pools having vertical surfaces of at least four feet in height shall only be required to take reasonable measures to prevent access to the pool.

            (1)  All Swimming Pools must follow the same set backs as an Accessory Building.

            (2)  The Fee for all Swimming Pools will be, See Chapter 1489 Par. d              

 

 

            1455.09  FENCES

            (a)  No fence more than 30 percent solid or more than two feet high may be located within 30 feet of a street intersection.   (SEE CORNER LOTS)

            (b)  Fences less than four feet high, may be located on any part of a lot.

            (c)  Fences less than six feet high, may be located on those parts of a lot that are as far back or farther back from the street than the main building.

            (d)  No fence more than 30 percent solid may be located in a front yard.

            (e)  Any fence in any District must be kept back two feet from the side and rear lot lines, and five feet from the front lot line.

            (f)  The good side of any fence must be placed to the outward side of the property.

            (g)  The fee for all fences will be:  See Chap. 1489 Par c

 

 

            1455.10  CONSTRUCTION TIME LIMITS

            During construction of all residential buildings, all said residential buildings must be under roof and enclosed within one year from the date that the Zoning Permit was issued.  And that within eighteen months from that date all landscaping of the area must be completed.

 

 

            1455.11  FRONT YARD EXCEPTIONS

            (a)  Where a frontage is divided among districts with different front yard requirements, the deepest front yard required shall apply to the entire frontage.

            (b)  In the RD, B and m Districts there may be more than one building on a lot provided that the required yards be maintained around the group of buildings.

            (c)  Where on the effective date of this ordinance, 40% or more of a frontage of the block was occupied by two or more buildings, then the front yard is established in the following manner.

            (1)  Where the building furthermost from the street provides a front yard not more

                  than ten feet deeper than the building closer to the street, then the front yard

                  for the frontage is and remains an average of the then existing front yards.

            (2)  Where this (1) is not the case and a lot is within 100 feet of a building on each

                  side, then the front yard is a line drawn from the closest front corners of these

                  two adjacent buildings.

            (3)  Where neither (1) or (2) is the case, and the lot is within 100 feet of an      

                   existing building on one side only, then the front yard is the same as that

                  of the adjacent building.

                 

 (d) Sills, belt courses, window air conditioning units, chimneys, cornices, and ornamental features may project into a required yard not a distance not to exceed 24 inches, provided only that it does not restrict or prevent public safety.

 

            (e)  Terraces which do not extend above the level of ground floor may project into a required yard, provided these projections be distant at least two feet from the adjacent side lot line.

 

 

            1455.12  PRE-FAB STORAGE BARNS

            (a)  A Storage Barn will be considered any accessory building which is not permanently secured to the ground. typically just set on a 4 x 4 or similar product.

            (1)  The side lot line must be a minimum of two feet, and the rear lot line a                              

                   minimum of five feet off the line is required.

            (2)  In no case shall any accessory building with a square footage over 200

                  square feet be considered a Storage Barn.

            (b)  The fee for a Storage Barn will be:  See Chap. 1489 Par. d

 

 

            1455.13  MODULAR HOMES AND TRAILERS

 

TRAILERS:

            (a)  All inhabited trailers shall be located in a trailer court which has received a conditional use permit and which conforms with the requirements of the following paragraph.  No trailer outside of an approved trailer court shall be connected to utilities except those trailers being offered for sale and not inhabited.

            (b)  Each lot for the occupancy of a single mobile home unit shall have an area of not less than five thousand square feet and a width of not less than fifty feet, and no park shall be permitted an average density of trailer lots of more than eight per acre.  Each trailer court shall provide an area of not less than ten acres.

            (c)  Space between trailers may be used fro the parking of motor vehicles if the space is clearly designated and the vehicle is parked at least the feet from the nearest adjacent court boundary.

            (d)  Each trailer site shall abut or face a clear unoccupied space, driveway, roadway, or street of not less than thirty feet in width, which shall have unobstructed access to a public highway, street or alley.

            (e)  The trailer court shall be surrounded by a landscaped strip of open space fifty feet wide along the street frontage of a major street and twenty five feet wide along all other lot lines or street frontage.

 

 

 

MODULAR HOMES:

            (a)  All Modular Homes will follow the above criteria set for trailers unless:

                  (1)  They must have their wheels and tongue removed after setup.

                  (2)  All four sides of the Modular Home must have the lower side, from the

                         floor down, Closed in with either brick or block.  With the exception

                         one covered opening may be left so as you can gain access to plumbing

                         or electrical connections etc. for the reason of maintenance.

                  (3)  All modular homes must be placed on a solid cement slab, or a concrete

                         block foundation. There will no modular homes place on concrete pillars.

                  (4)  All modular homes must have a deed not a title.                                                                                                                                 

                  (4)  Other than the four extra guide lines described above, all Modular Homes

                        must follow all applicable Zoning Guide Lines for that District.

 

            1455.14 TREES, shrubs, ETC.

            No trees, shrubs, etc. will be place in or on the curb lawn other than those chosen by the Shade Tree Committee.

 

            1455.15  SIDEWALKS AND DRIVEWAYS

           

Sidewalks

            (a)  Sidewalks shall be required on both sides of the street in all residential areas where the predominant lot width is less than 100 feet and on one side of the street where the predominant lot width is greater than 100 feet but less than 150 feet.  No sidewalk shall normally be required where the predominant lot width is greater than 150 feet.

            (b)  Public sidewalks shall be required for all commercial lots, subject to approval from the Zoning Board.

            (c)  Public sidewalks may be required for Industrial Lots, subject to approval from the Zoning Board.

 

Driveways

            (a)  Driveways and curb cuts shall be located not less than three feet from a side lot line.  Curb cuts for straight curbs and the flare for rolled curbs shall be three feet wider than the driveway pavement on each side.

            (b)  All driveways must have a surface coating of concrete or of an asphalt base covering.  All residents in violation of this Ordinance may maintain their driveway in its original state, but if the use of that Property is changed it must be put within compliance with this Ordinance.

            (c) Only in the "R" Districts, a driveway may be expanded to a width not to exceed ten feet wider than the total width of the garage structure, by the same or similar driveway material as the original driveway.

            (d)  In all other Districts other than "R", the Zoning Board will determine the allowable width for each case.