City of Meriden, CT Article IV Residential Districts

§ 213-16 R-R Rural Residential District.

A. The purpose of this district shall be to assist in the creation of areas of relatively open character for single-family dwellings on individual lots, as well as for preservation of open space and more efficient development through cluster development on appropriate sites, and to provide for facilities and uses which serve residents of those areas and for uses which are benefited by and are beneficial to an open residential environment.

B. Permitted uses. No building or premises may be used, in whole or in part, for any purpose except those listed below.

(1) Permitted uses by right:

(a) Single-family dwellings.

(b) Municipal or public uses and buildings.

(c) Public and private utility substations.

(d) Child-care provider — Class II, provided that:

[Added 2-3-1992]

[1] All play apparatus must be located in the rear yard;

[2] Parking shall be required at a rate of one space per 3,000 square feet of gross floor area dedicated to day-care use or one per every six children, whichever is greater;

[3] Sanitary sewers and public water shall be required; and

[4] Residential structures converted to day-care use must retain the residential character of the building and be architecturally similar to the surrounding residential properties.

(2) Uses permitted subject to issuance of a special exception permit by the Zoning Board of Appeals in accordance with the requirements of § 213-73:

(a) Places of worship and public assembly, including parish houses, parochial schools, meeting rooms and recreation facilities customarily accessory to such uses.

(b) Crop and tree farming, keeping of farm animals, except for fur-bearing animals raised for commercial pelting, greenhouses or nurseries.

(c) Riding academies and stables for rental to the general public of animals in the equine family or commercial kennels, subject to the following conditions:

[1] The minimum site area for any of the above uses shall be three acres.

[2] No barn, shelter or other building used for the housing of said animals or the storage of feed and supplies shall be located closer than 60 feet to any property line. Waste materials shall not be stored or located closer than 100 feet to any property line.

[3] The area used for grazing, exercising or training of said animals shall be securely fenced to prevent the animals from straying and to provide adequate protection to keep the general public from entering the enclosures.

(d) Membership clubs.

C. Accessory uses.

(1) Uses customarily accessory to permitted uses if constructed concurrently with or subsequent to the main building.

(2) One sign in accordance with § 213-56N(5).

(3) Off-street parking in accordance with § 213-55.

(4) Keeping of horses, ponies and other animals of the equine family for the use of the occupants of the property only, subject to the following land area and setback requirements:

(a) There shall be a minimum lot area of one acre required for the dwelling for the first animal being kept and 1/3 acre for each additional animal, with a maximum of 10 such animals.

(b) No barn, shelter or other buildings used for housing of said animals, the storage of feed and supplies or the storage of waste materials shall be located any closer than 60 feet to the property line.

(c) The area used for the grazing, exercising or training of said animals shall be securely fenced to prevent straying and to prevent the public from entering the enclosure.

(d) This shall not be construed as allowing the establishment of any commercial enterprise.

(5) Keeping of poultry.

[Added 5-4-2020[1]]

(a) The keeping of poultry shall be allowed as a noncommercial accessory use subject to the issuance of a zoning permit.

(b) The number of poultry permitted per this section is as follows:

[1] For lots smaller than 40,000 square feet: No more than six animals.

[2] For lots 40,000 square feet or greater: No more than 12 animals.

(c) Roosters (male chickens) and toms (male turkeys) are prohibited.

(d) Enclosure. The use shall be confined to a fenced enclosure with the following parameters:

[1] No more than 200 square feet in area.

[2] A minimum of 10 square feet of ground area per animal.

[3] Located in a rear yard.

[4] Setbacks (In the instance that more than one distance requirement shall apply, the greater distance requirements shall apply):

[a] At least 25 feet from any street line.

[b] At least 15 feet from any residential dwelling.

[c] Minimum of five feet from any property line.

[5] Coop: All poultry shall be housed in a coop that is designed to be predator-proof, thoroughly ventilated, watertight, and easily accessed and cleaned. The coop shall be constructed with the following parameters:

[a] At least 10 feet from any property line.

[b] Minimum of three square feet of area per animal.

(e) Food and waste.

[1] Food shall be stored in watertight rodent-proof containers.

[2] Waste shall be disposed of offsite or composted no closer than 50 feet from any property line.

(f) Poultry shall be humanely harvested within a structure such as a home, barn, shed, or garage. Outdoor harvesting is prohibited.

(g) This subsection shall not apply to the keeping of animals as part of an approved agricultural use or within a schoolhouse, museum, or zoo for the purpose of study or observation.

[1] Editor's Note: This ordinance also renumbered former Subsection C(5) as Subsection C(6).

(6) Child-care provider — Class I.

[Added 7-5-1988]

(a) Day care may not be carried on in a separate building from the main residence.

(b) All day-care providers must receive a certificate of fire safety from the Fire Marshal.

D. Lot and bulk requirements. Lot and bulk requirements are found in § 213-12B.

E. A driveway or any type of access for any use not permitted by right or special exception in this zone shall not be permitted as an accessory or primary use.

[Added 8-2-1988]

§ 213-17 S-R Suburban Residential District.

A. The purpose of this district shall be to assist in the creation of areas of relatively open character for single-family dwellings on individual lots, as well as for preservation of open space and more efficient development through cluster development on appropriate sites, and to provide for facilities and uses which serve residents of those areas and for uses which are benefited by and are beneficial to an open residential environment.

B. Permitted uses. No building or premises may be used, in whole or in part, for any purpose except those listed below.

(1) Permitted uses by right:

(a) Single-family dwellings.

(b) Municipal or public uses and buildings.

(c) Public and private utility substations.

(d) Child-care provider — Class II, subject to the requirements of § 213-16B(1)(d).

[Added 2-3-1992]

(2) Uses permitted subject to issuance of a special exception permit by the Zoning Board of Appeals in accordance with the requirements of § 213-73:

(a) Places of worship and public assembly, including parish houses, parochial schools, meeting rooms and recreation facilities customarily accessory to such uses.

(b) Crop and tree farming, keeping of farm animals, except for fur-bearing animals raised for commercial pelting, greenhouses or nurseries.

(c) Riding academies and stables for rental to the general public of animals in the equine family or commercial kennels, subject to the provisions of § 213-16B(2)(c).

(d) Membership clubs.

(e) Professional offices in residences, subject to the following conditions:

[1] Said office shall be limited to one professional who shall reside on the premises and not more than two nonresident assistants.

[2] Said office shall be incidental and subordinate to the residential building and shall not occupy more than 25% of the total floor area of the principal building. No office shall be located in an accessory building.

[3] In no manner shall the appearance of the building be altered nor shall the office within the residence be conducted in a manner that would cause the premises to lose its residential character.

C. Accessory uses.

(1) Uses customarily accessory to permitted uses if constructed concurrently with or subsequent to the main building.

(2) One sign in accordance with § 213-56N(5).

(3) Off-street parking in accordance with § 213-55.

(4) Horses, ponies and other animals of the equine family, subject to the requirements of § 213-16C(4).

(5) Child-care provider — Class I, subject to the requirements of § 213-16C(5).

[Added 7-5-1988]

(6) Keeping of poultry, subject to the requirements of § 213-16C(5).

[Added 5-4-2020]

D. Lot and bulk requirements. Lot and bulk requirements are found in § 213-12B.

E. A driveway or any type of access for any use not permitted by right or special exception in this zone shall not be permitted as an accessory or primary use.

[Added 8-2-1988]

§ 213-18 R-1 Single-Family Residential District.

A. The purpose of this district shall be to provide for areas of relatively open character for single-family dwellings on individual lots, as well as for preservation of open space and more efficient development through cluster development on appropriate sites; to provide for facilities and uses which serve residents of those areas and for uses which are benefited by an open residential environment, and to provide opportunity for more intensive use of large older residential structures as a means of assuring neighborhood stability.

B. Permitted uses. No building or premises may be used, in whole or in part, for any purpose except those listed below.

(1) Permitted uses by right:

(a) Single-family dwellings.

(b) Municipal or public uses and buildings.

(c) Public and private utility substations.

(d) Child-care provider — Class II, subject to the requirements of § 213-16B(1)(d).

[Added 2-3-1992]

(2) Uses permitted subject to issuance of a special exception permit by the Zoning Board of Appeals in accordance with the requirements of § 213-73:

(a) Places of worship and public assembly, including parish houses, parochial schools, meeting rooms and recreation facilities customarily accessory to such uses.

(b) Crop and tree farming, keeping of farm animals, except for fur-bearing animals raised for commercial pelting, greenhouses or nurseries.[1]

[1] Editor's Note: Former Subsection B(2)(c), which permitted mobile homes and mobile home parks subject to issuance of a special exception permit, and which immediately followed this subsection, was repealed 12-5-1983.

(c) Riding academies and stables for rental to the general public of animals in the equine family or commercial kennels, subject to the provisions of § 213-16B(2)(c).

(d) Membership clubs.

(e) Home occupations, subject to the following conditions:

[1] Said home occupations shall be conducted by members of the family owning and residing on the premises. No more than two nonresidents shall be employed herein.

[2] Said home occupation shall not occupy more than 25% of the total floor area of the principal building. No home occupation shall be conducted in an accessory building.

[3] In no manner shall the appearance of the building be altered nor shall the occupation within the residence be conducted in a manner that would cause the premises to lose its residential character, either by the use of colors, materials, construction or lighting. No display of products shall be visible from the street, and no stock-in-trade shall be kept on the premises.

[4] No home occupation shall create noise, dust, vibration, odor, smoke, electrical interference, fire hazard or any other nuisance that is perceptible beyond the lot lines.

[5] Home occupations shall in no event be deemed to include animal hospitals, kennels, barbershops, beauty parlors, clinics or hospitals, dancing schools, mortuaries, auto repair shops, restaurants, tourist homes, rooming houses or boardinghouses, and uses similar to those listed above.

[6] Any Class III child-care facility legally existing by virtue of former Zoning Board of Appeals action shall be governed by the provisions of § 213-19B(2)(j).

[Added 2-3-1992]

(f) Conversion of single-family dwellings. An existing single-family dwelling erected more than 20 years prior to January 1, 1966, may be converted to comprise a maximum of four dwelling units, subject to the following conditions:

[1] The minimum lot area per family available shall meet the requirements of this district.

[2] The building shall be maintained in its original appearance or may be modified to conform to the character of the neighborhood if such modification requires no major structural changes. No addition to the building shall be permitted, except for the purpose of providing secondary egress if required.

[3] The plan for conversion shall provide for off-street paved parking spaces in sufficient number to furnish two such spaces for each dwelling unit.

[Amended 5-1-1989]

(g) Professional offices in residences, subject to the requirements of § 213-17B(2)(e).

C. Accessory uses.

(1) Uses customarily accessory to permitted uses if constructed concurrently with or subsequent to the main building.

(2) One sign in accordance with § 213-56N(5).

(3) Off-street parking in accordance with § 213-55.

(4) Horses, ponies and animals of the equine family, subject to the requirements of § 213-16C(4).

(5) Child-care provider — Class I, subject to the requirements of § 213-16C(5).

[Added 7-5-1988]

(6) Keeping of poultry, subject to the requirements of § 213-16C(5).

[Added 5-4-2020]

D. Lot and bulk requirements. Lot and bulk requirements are found in § 213-12B.

E. A driveway or any type of access for any use not permitted by right or special exception in this zone shall not be permitted as an accessory or primary use.

[Added 8-2-1988]

§ 213-19 R-2 Two- or Three-Family Residential District.

A. The purpose of this district shall be to provide areas for several types of housing in a medium-density environment with access to a range of community services and transportation.

B. Permitted uses. No building or premises may be used, in whole or in part, for any purpose except those listed below.

(1) Permitted uses by right:

(a) Single-family dwellings.

(b) Two- and three-family dwellings.

(c) Municipal or public uses and buildings.

(d) Public and private utility substations.

(e) Child-care provider — Class II, subject to the requirements of § 213-16B(1)(d).

[Added 2-3-1992]

(2) Uses permitted subject to issuance of a special exception permit by the Zoning Board of Appeals in accordance with the requirements of § 213-73:

(a) Places of worship and public assembly, including parish houses, parochial schools, meeting rooms and recreation facilities customarily accessory to such uses.

(b) Crop and tree farming, keeping of farm animals, except for fur-bearing animals raised for commercial pelting, greenhouses or nurseries.

(c) Mobile homes and mobile home parks, subject to the following conditions:

[Amended 12-5-1983]

[1] Provision must be made to make existing trailer camps and mobile home parks safe, sanitary and fit for human habitation and aesthetically unoffensive.

[2] The following minimum standards shall be established for trailer parks or mobile home parks:

[a] Minimum lot width: 50 feet.

[b] Minimum lot area per unit: 5,000 square feet.

[c] Minimum side yards: six feet.

[d] Minimum front and rear yard measured from any road or driveway: 15 feet.

[3] Mobile homes not located within mobile home parks shall conform to the density, lot and bulk requirements of the zone they are located in.

(d) Riding academies and stables for rental to the general public of animals in the equine family or commercial kennels, subject to the provisions of § 213-16B(2)(c).

(e) Membership clubs.

(f) Home occupations, subject to the requirements of § 213-18B(2)(e).

(g) Conversion of single-family dwellings. Any single-family dwelling in existence 20 years prior to June 1, 1966, may be converted to comprise a maximum of four dwelling units subject to the provisions of § 213-18B(2)(f).

(h) Professional offices in residences, subject to the requirements of § 213-17B(2)(e).

(i) An existing residential building not less than 50 years old which is historically notable in accordance with the following standards:

[Added 1-19-1988; amended 6-5-1990]

[1] Uniqueness of the structure, distinctiveness of the architectural character of the structure or historical significance of the structure;

[2] The front face of the structure must face onto any of the following streets or portions thereof: East Main Street (except between Parker Avenue and Carpenter Avenue); Broad Street; South Broad Street; North Broad Street south of 1691; South Colony Street north of Olive Street; Cook Avenue; Hanover Street up to Winthrop Terrace; Washington Street; Lincoln Street; Parker Avenue North; or any other streets that may be designated by the City Council after a public hearing may be converted and used in total for professional and/or executive offices subject to the following conditions:

[a] Only one principal use and building shall be allowed on a lot;

[b] All lot and bulk requirements of the existing zone must be complied with;

[c] The building shall be maintained in its original appearance or may be modified to conform to the character of the neighborhood if such modification requires no major structural changes and is approved by the Design Review Board. No addition to the building shall be permitted, except for the purpose of providing a secondary egress if required. No alterations to the exterior of the building shall lessen the residential character of the building. Specific architectural and landscape plans shall be submitted and approved by the ZBA as to how the building will be restored. No certificate of occupancy will be issued until the architectural, landscape and signage plans have been satisfactorily completed.

[d] Parking requirements shall be per § 213-55 of this chapter, except that parking in the front yard shall be prohibited.

[e] The Board must be satisfied with the historic significance of the building as explained in a written statement presented by the applicant. The ZBA may take into consideration the recommendations of any City agencies or outside specialists which it consults, such as, but not limited to, the Meriden Historical Society.

(j) Child-care provider — Class III, subject to the following requirements:

[1] All conversions or new construction of child-care centers in residential zones must be architecturally similar to the surrounding residential structures.

[2] All lot and bulk requirements must be met for the district within which the operation is located.

[3] The number of children permitted within a Class III center will be determined by the State of Connecticut Department of Public Health and the Department of Social Services, the licensing agents.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

[4] All play apparatus must be located in the rear yard and shall be screened according to the requirements for multifamily dwellings [§ 213-46A(2)].

[5] Parking shall be required at a rate of one space per 3,000 square feet of gross floor area dedicated to the day-care use or one per every six children, whichever is greater.

[6] Provision shall be made for safe circulation throughout the site. Dropoff and pickup points shall be established.

[7] Sanitary sewers and public water shall be required.

[8] A certificate of fire safety must be received from the Meriden Fire Marshal.

[9] All applicants must present an approved license from the State of Connecticut Department of Public Health and proof of registration with the Meriden Health Department prior to issuance of a building permit.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

[10] Certificate of approval is required.

[Added 2-3-1992]

(k) Garden-type multiple-family developments, subject to the following conditions:

[Added 10-15-2018]

[1] The site is at least two acres and is adequately served with public water and public sanitary sewers;

[2] The lot coverage shall not exceed 40% of the total lot area;

[3] There shall be a maximum of six dwelling units in a single structure, with a density of no greater than one unit for every 5,000 square feet of lot area;

[4] The minimum setback from all surrounding public streets shall be no less than 35 feet; the minimum setback from all other property lines will not be less than 25 feet;

[5] The proposed use shall be designed as a single architectural project with appropriate landscaping;

[6] The distance at the closest point between any two buildings of a group of garden-type multiple-family dwellings shall not be less than 35 feet;

[7] A group of garden-type multiple-family dwellings shall not be designed so as to permit subsequent subdivision into units which would not conform to the use and area regulations of the district in which it is located.

[8] A minimum of 200 square feet of usable open space shall be provided per dwelling unit.

C. Accessory uses.

(1) Uses customarily accessory to permitted uses if constructed concurrently with or subsequent to the main building.

(2) One sign in accordance with § 213-56N(5).

(3) Off-street parking in accordance with § 213-55.

(4) Horses, ponies and animals of the equine family, subject to the requirements of § 213-16C(4).

(5) Child-care provider — Class I, subject to the requirements of § 213-16C(5).

[Added 7-5-1988]

(6) A community building.

[Added 1-6-2014]

(7) Keeping of poultry, subject to the requirements of § 213-16C(5).

[Added 5-4-2020]

D. Lot and bulk requirements. Lot and bulk requirements are found in § 213-12B.

E. A driveway or any type of access for any use not permitted by right or special exception in this zone shall not be permitted as an accessory or primary use.

[Added 8-2-1988]

§ 213-20 R-3 Multiple-Family Residential District.

A. The purpose of this district shall be to provide areas for a range of housing types at a medium density commensurate with the scale and characteristics of the City's older neighborhoods; these are areas with access to major transportation arteries and a range of community services.

B. Permitted uses. No building or premises may be used, in whole or in part, for any purpose except those listed below.

(1) Permitted uses by right:

(a) Single-, two- and three-family dwellings.

(b) Multiple dwellings with a maximum of eight units in a structure, except for garden-type multifamily development as may be permitted by special exception.

(c) Municipal or public uses and buildings.

(d) Public and private utility substations.

(e) Child-care provider — Class II, subject to the requirements of § 213-16B(1)(d).

[Added 2-3-1992]

(2) Uses permitted subject to issuance of a special exception permit by the Zoning Board of Appeals in accordance with the requirements of § 213-73:

(a) Places of worship and public assembly, including parish houses, parochial schools, meeting rooms and recreation facilities customarily accessory to such uses.

(b) Crop and tree farming, keeping of farm animals, except for fur-bearing animals raised for commercial pelting, greenhouses or nurseries.

(c) Mobile homes and mobile home parks, subject to the provision of § 213-19B(2)(c).

(d) Riding academies and stables for rental to the general public of animals in the equine family or commercial kennels, subject to the provisions of § 213-16B(2)(c).

(e) Membership clubs.

(f) Home occupations, subject to the requirements of § 213-18B(2)(e).

(g) Garden-type multiple-family developments, subject to the following conditions:

[1] The site is at least two acres and is adequately served with public water and public sanitary sewers.

[2] The lot coverage shall not exceed 50% of the total lot area.

[3] The minimum setback from all surrounding streets shall be not less than 35 feet.

[4] The distance at the closest point between any two buildings of a group of garden-type multiple-family dwellings shall be not less than 50 feet.

[5] A minimum of 200 square feet of usable open space shall be provided per dwelling unit.

[6] A group of garden-type multiple-family dwellings shall not be designed so as to permit subsequent subdivision into units which would not conform to the use and area regulations of the district in which it is located.

[7] The proposed use shall be designed as a single architectural project with appropriate landscaping and shall not materially detract from the character of the neighborhood.

[8] All other requirements for multifamily dwellings shall be satisfied.

(h) Rooming, boarding and tourist homes, provided that public sanitary sewers are available.

(i) Professional offices in residences, subject to the requirements of § 213-17B(2)(e).

(j) Child-care provider — Class III, subject to the requirements of § 213-19B(2)(j).

[Amended 7-5-1988; 2-3-1992]

(k) An existing residential building not less than 50 years old which is historically notable in accordance with § 213-19B(2)(i).

[Added 1-19-1988; amended 6-4-1990[1]]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

C. Accessory uses.

(1) Uses customarily accessory to permitted uses if constructed concurrently with or subsequent to the main building.

(2) Signs, as regulated in § 213-56.

(3) Off-street parking and loading, in accordance with the requirements of § 213-55.

(4) Horses, ponies and animals of the equine family, subject to the requirements of § 213-16C(4).

(5) Child-care provider — Class I subject to the requirements of § 213-16C(5).

[Added 7-5-1988]

D. Lot and bulk requirements. Lot and bulk requirements are found in § 213-12B.

E. A driveway or any type of access for any use not permitted by right or special exception in this zone shall not be permitted as an accessory or primary use.

[Added 8-2-1988]

§ 213-21 R-4 Multiple-Family/Professional Office District.

A. The purpose of this district shall be to provide for a range of housing types with opportunity for appropriate nonresidential uses at a high density commensurate with the scale and characteristics of the City's older neighborhoods; these are areas with access to major transportation arteries and a range of community services.

B. Permitted uses. No building or premises may be used, in whole or in part, for any purpose except those listed below.

(1) Permitted uses by right:

(a) Single-, two- and three-family dwellings.

(b) Multiple-family dwellings.

(c) Professional offices and buildings.

(d) Home occupations, subject to the provisions of § 213-18B(2)(e).

(e) Municipal or public uses and buildings.

(f) Public and private utility substations.

(g) Real estate office.

[Added 3-3-1986]

(h) Child-care provider — Class II, subject to the requirements of § 213-16B(1)(d).

[Added 2-3-1992]

(2) Uses permitted subject to issuance of a special exception permit by the Zoning Board of Appeals in accordance with the requirements of § 213-73:

(a) Places of worship and public assembly, including parish houses, parochial schools, meeting rooms and recreation facilities customarily accessory to such uses.

(b) Crop and tree farming, keeping of farm animals, except for fur-bearing animals raised for commercial pelting, greenhouses or nurseries.

(c) Mobile homes and mobile home parks, subject to the provisions of § 213-19B(2)(c).

(d) Riding academies and stables for rental to the general public of animals in the equine family or commercial kennels, subject to the provisions of § 213-16B(2)(c).

(e) Rooming, boarding and tourist homes, provided that public sanitary sewers are available.

(f) Commercial and membership clubs and social or recreational centers.

(g) Hospitals, rest homes, clinics, convalescent homes or homes for the aged, sanitariums and philanthropic or charitable institutions.

(h) Correctional institution facilities.[1]

[1] Editor's Note: Former § 213-18B(2)(i), which pertained to high-rise multiple dwellings over 75 feet tall and which immediately followed this subsection, was repealed 8-2-2004.

(i) Buildings with mixed uses, subject to the following requirements:

[1] Only uses permitted in the district may occur.

[2] All lot and bulk requirements for each use are satisfied.

[3] Separate entrances and exits shall be provided for residential and nonresidential portions of the building.

(j) Child-care provider — Class III, subject to the requirements of § 213-19B(2)(j).

[Amended 7-5-1988; 2-3-1992]

(k) Homes for sheltered care, subject to the following requirements:

[Added 7-7-1986]

[1] Run by a nonprofit/religious organization.

[2] Review and approval by the Health and Human Services Department, which shall establish standards and guidelines pursuant thereto.

[3] The property is limited to noncommercial uses.

C. Accessory uses.

(1) Uses customarily accessory to permitted uses if constructed concurrently with or subsequent to the main building. This shall not be construed as permitting any commercial use or occupation other than those listed in this section.

(2) Signs, as regulated in § 213-56.

(3) Off-street parking in accordance with § 213-55.

D. Lot and bulk requirements. Lot and bulk requirements are found in § 213-12B.

E. A driveway or any type of access for any use not permitted by right or special exception in this zone shall not be permitted as an accessory or primary use.

[Added 8-2-1988]

§ 213-22 R-H Residential Historic District.

A. Creation of district. Within any residential area, the Zoning Commission may create a residential historic district in accordance with the standards, criteria and procedures contained in this section of the chapter.

B. Purpose. The Residential Historic R-H District is intended to protect and enhance Meriden's historically significant residential structures. Its purpose is to guide the manner in which historical residences are maintained, restored, rehabilitated or altered, with a goal of preserving Meriden's history through its architecture.

C. Applicability. The provisions of this chapter shall apply to any neighborhood or group of neighborhoods in which there is:

(1) A prevailing architectural type, common to the majority of buildings;

(2) A majority of homes which are not less than 50 years old; and

(3) Which is geographically definable with regard to boundaries.

D. Application for a Residential Historic R-H District. The creation of such a district shall be in accordance with § 213-77 of this chapter, provided the following additional information is supplied to and approved by the Design Review Board:

(1) A legal description of the land within the proposed district.

(2) A historic survey of all properties to be included in the R-H District. Said survey shall include but not be limited to the following:

(a) Present use and condition of buildings;

(b) Date of construction and succession of titles on all structures;

(c) Boundaries of district, including names and addresses of all owners;

(d) An existing-conditions streetscape plan showing sidewalks, utilities, driveways, signs, etc.

(3) Appointment by residents of a spokesperson and alternate to work with the Design Review Board. A letter from the neighborhood group(s) appointing the spokesperson shall accompany the zone change application. This letter shall list all members and the form of the vote and the vote of each member.

(4) A petition in support of the R-H District signed by at least 51% of the property owners in the proposed district.

E. Design Review Board authority. Any change in use or expansion of residential density within an R-H district will require a Certificate of Historic Residence Modification from the Design Review Board. Further, no structure may be demolished, erected, moved, enlarged, reconstructed, or structurally altered which is not first approved by the Design Review Board. The Director of Planning and the Chairman of the Design Review Board may waive the requirements for formal board review if it is determined that the proposed change will have no adverse effect on the building facade or streetscape.

F. Role of neighborhood spokesperson. A spokesperson and an alternate shall be elected by a majority vote of the property owners within each R-H District. This spokesperson may appear before the Design Review Board whenever an application is pending in his/her R-H District. The spokesperson will not be a voting member of the Board but will be requested to report on his/her association's support and/or opinions regarding pending applications.

G. Permitted uses. Permitted uses include all uses permitted by right and all uses permitted by special exception allowed in the underlying zone. The zoning designation will reflect the underlying zone as well as the historic district status (i.e., R-2 would be redesignated RH-2). No structure may be erected, reconstructed, altered, restored, moved, demolished or changed in use or type of occupancy which is not in conformance with the requirements of this section, and subject to the following additional requirements:

(1) Only one principal use and building shall be allowed on a lot. Accessory buildings shall not be converted into dwelling units.

(2) All lot and bulk requirements of the zone must be met.

(3) Parking requirements for any conversion shall be at a rate of two spaces per dwelling unit. In the event of an office conversion per § 213-55B, said parking spaces shall be located on site and must be of the dimensions and layout prescribed in § 213-55E. All parking must be located in the rear yard. A minimum of six feet of landscaping must be installed along the property boundaries.

(4) All buildings shall be maintained in their original appearances or may be modified to better conform to the character of the neighborhood.

(5) Additions to buildings shall be permitted only if original features (i.e., porches, cornices, widows' walks) are maintained or replicated or if it is determined that the addition will have no adverse impact on the architectural character of the structure or on the streetscape.

(6) Conversion of single-family dwellings shall be in accordance with § 213-18B(2)(f), except that the maximum number of units shall be in accordance with the underlying zone.

H. Nonapplicability. Nothing in the Residential Historic District regulations shall be construed to prevent:

(1) The ordinary maintenance or repair of any building exterior in the district which does not involve a change in design, material or the outward structural appearance of the building, as determined by the Director of Planning.

(2) The construction, reconstruction or alteration of any feature which the Building Inspector shall certify is required because of an unsafe or dangerous condition.

(3) The construction, reconstruction, alteration or demolition of any feature under a permit issued by a City inspector prior to the effective date of establishment of the particular district.

I. General provisions.

(1) Within 65 days after official filing of the final application or within such further time as the applicant may in writing allow for the issuance of a Certificate of Historic Residence Modification, the Design Review Board shall either grant or deny the Certificate of Historic Residence Modification.

(2) The Board may from time to time adopt regulations which detail the procedures for the issuance or denial of Certificates of Historic Residence Modification. The Board shall be provided with a copy of the application and all accompanying plans, specifications and supporting materials. The decisions of the Design Review Board shall be made in writing within the time prescribed by the Commission in its request.

(3) If the Board determines that the proposed development is appropriate, or if the Board fails to make a determination within the time limit prescribed in this section, it shall issue to the applicant a Certificate of Historic Residence Modification. If the Board determines that a Certificate of Historic Residence Modification should not be issued, it shall place on its records the reasons for its determination, delivering to the applicant an attested copy of its reasons for the determination.

(4) Predesign conference. The developer/homeowner is encouraged to meet with the Planning Commission staff before presenting any formal application, in order to provide an opportunity for the developer to receive from the Planning Commission staff a full explanation of the City's requirements.

J. Application for a historic residence modification. The application shall supply the following information when making application to the Design Review Board:

(1) All pertinent historic information regarding the structure (i.e., date of construction, architectural type, history of ownership).

(2) Photographs or renderings of the building as it exists and a rendering of proposed improvements and alterations.

(3) A description of proposed improvements, including changes to architectural features, proposed materials, etc.

[Added 2-5-1990]