[CC 1992 §§405.010, 515.020; Ord. No. 335 §2, 6-11-1976; Ord. No. 472 §1, 3-25-1985; Ord. No. 574 §2, 3-29-1989; Ord. No. 05-865 §4, 9-28-2005]
A.
This Section contains the district regulations of the "A" Single-Family Residence District.
B.
Permitted Land Uses And Developments.
1.
Single-family dwellings.
2.
(Reserved)
3.
Churches.
4.
Public schools, elementary and high, and educational institutions having a curriculum the same as ordinarily given in public schools.
5.
Golf courses, except miniature courses and driving tees operated for commercial purposes.
6.
Nurseries and truck gardening, but not raising of poultry, pets or livestock for strictly commercial purposes or on a scale that would be objectionable because of noise or odor to surrounding residences.
7.
Home occupations.
8.
Accessory buildings and uses customarily incident to the above uses, not involving the conduct of a business, including a private garage. Any accessory building which is not a part of the main structure must comply with the provisions of this Title.
9.
Temporary buildings for uses incidental to construction work, which buildings shall be removed upon completion or abandonment of the construction work.
10.
All signs that indicate commercial advertising are strictly prohibited.
11.
Garages:
a.
Garages which are in any manner joined or attached to the house building must follow the architectural design of the roof of the main building and such garage must be built five (5) feet inside of any lot line.
b.
Garages which are an accessory or detached building must be set in back of the front yard line and may be built not closer than three (3) feet to the rear or side yard property line.
c.
Garages on corner lots. Garages which are an accessory or a detached building must be built not less than twenty (20) feet back from side lot line (facing a public street) and not less than three (3) feet inside from any adjoining lot lines.
12.
Group homes. A group home, as defined in Section 405.010, shall be a permitted use in any residential zoning district in the City of Charlack, subject to the following limitations:
[Ord. No. 15-18 §1, 12-1-2015]
a.
No more than eight (8) unrelated mentally or physically handicapped persons may reside in any individual group home.
b.
Not more than two (2) additional persons acting as houseparents or guardians, who need not be related to each other or to any of the mentally or physically handicapped persons residing in the home, may also reside on the premises.
c.
The exterior appearance of any group home and property shall be in reasonable conformance with scale, massing, appearance, site design, architecture, other characteristics and general neighborhood standards of the area within which the group home is located, as determined by the reasonable professional administrative judgment of the City's Director of Public Works. Any person aggrieved by a decision of the City's Director of Public Works as to this reasonable conformance requirement may appeal that decision to the City of Charlack's Board of Adjustment in accordance with the City's Municipal Code of Ordinances.
d.
No group home may be established on any lot which is adjacent to any portion of the lot line of any existing group home, whether such existing group home is located within or outside the City. No group home which is owned or operated in whole or in part by an affiliated person or entity (as defined herein) that owns or operates, in whole or in part, an existing group home may be located on the same or opposite side of the street upon which such an existing affiliated group home has any frontage within the same block as the existing affiliated group home, whether such existing affiliated group home is located within or outside the City. As used in this Section, an "affiliated person or entity" means:
(1)
A firm, partnership, joint venture, association, organization or entity of any kind in which the applicant holds any stock, title, or other ownership interest of at least twenty percent (20%); or
(2)
An individual, firm, partnership, joint venture, association, organization or entity of any kind, whose affairs the applicant has the legal or practical ability to direct, either directly or indirectly, whether by contractual agreement, majority ownership interest, any lessor ownership interest, familial relationship or in any other manner.
e.
Parking.
(1)
Each group home shall provide sufficient off-street parking in conformity with the parking standards set forth in Section 405.080 of the City of Charlack's Municipal Code to accommodate the needs of the houseparents, residents and visitors to the premises. The City's Director of Public Works shall establish the required number of parking spaces for each group home based upon:
(2)
Any person aggrieved by a decision by the City's Director of Public Works as to the number or necessity of parking spaces may appeal that decision to the City's Board of Adjustment in accordance with the City's Code of Ordinances.
f.
Reasonable accommodations. Notwithstanding any other provision of this Section 405.080(B)(12) to the contrary, in order to make specific housing available to one (1) or more individuals with disabilities, a disabled person or a person acting on his or her behalf at his or her request (collectively, the "applicant") may request a reasonable accommodation relating to the various land use or zoning rules, policies, practices and/or procedure of the City applicable to such housing.
(1)
A request by an applicant for reasonable accommodation relating to land use or zoning rules, policies, practices and/or procedures shall be made orally or in writing. The request shall state:
(a)
The current zoning for the property;
(b)
The name, phone number and address of the owner of the fee interest of the property (if other than the applicant);
(c)
The nature of the disability that requires the reasonable accommodation. In the event that the specific individuals who are expected to reside at the property are not known to the applicant in advance of making the application, the applicant shall not be precluded from filing the application, but shall submit details describing the range of disabilities that prospective residents are expected to have to qualify for the housing. The applicant shall notify the Director of Public Works, in the event the residents at the location are not within the range described. The Director of Public Works shall then determine if an amended application and subsequent determination of reasonable accommodation is appropriate;
(d)
The specific type of accommodation requested by the applicant. To the extent practicable, this portion should include information concerning the impact of the reasonable accommodation on the adjoining properties and area, the number of people who are expected to be availing themselves of the reasonable accommodation, the estimated number of people in an average week who will be necessary to provide services to the person(s) with disabilities at the property on an ongoing basis, whether or not this type of reasonable accommodation is required to obtain a license from any State or County authority to operate, and any other information the applicant thinks would assist in determining the reasonableness of the accommodation;
(e)
The applicant should also note, if known, whether this accommodation requires any additional licensure from the City (e.g., business license); and
(f)
Whether the accommodation requested may be necessary to afford one (1) or more disabled persons equal opportunity to use and enjoy a specific dwelling.
(2)
Within sixty (60) days of receiving a request for a reasonable accommodation, the Director of Public Works shall issue a written decision, either approving or denying the applicant's request. If the Director of Public Works does not issue a written decision within sixty (60) days, the application shall be deemed denied. The Director of Public Works can impose such conditions upon any decision to approve a request for reasonable accommodations that he/she deems necessary to protect the public health, safety and welfare. Any person aggrieved by a decision of the City's Director of Public Works to approve or deny an application for reasonable accommodations may appeal that decision to the City's Board of Adjustment in accordance with the City's Code of Ordinances.
C.
Height Limitation Of Structures. No building shall exceed two and one-half (2½) stories or thirty-five (35) feet in height from the ground level (using the level of the lowest grade as ground level of the structure).
D.
Lot Dimension, Lot Area And Yard Requirements.
1.
Dwelling shall be situated on tracts of land providing at least eight thousand (8,000) square feet of lot area for each dwelling unit except that any lot or tract of record on June 16, 1950, of the City of Charlack containing less area may be used as a site for one (1) single-family dwelling together with the customary accessory uses and structures.
2.
Each lot shall have not less than fifty (50) feet fronting an approved public or private road.
3.
There shall be a front yard having a depth of not less than thirty (30) feet. The Board of Aldermen may grant a variance upon application to the Board to permit a front yard of less than thirty (30) feet if the Board finds that a majority of the frontage of one (1) side of the street between two (2) intersecting streets in which the proposed variance lot is located is improved with buildings that have less than thirty (30) feet and in which the average is less than thirty (30) feet and if the Board further finds that the granting of the variance will not adversely affect adjacent dwelling units in the neighborhood as a whole.
4.
There shall be a rear yard having a depth of not less than twenty percent (20%) of the total depth of the lot but not more than thirty-two (32) feet.
5.
No structure of any kind shall be built within the area of the yard requirements herein provided except as provided for garages and except a chain link fence of a height not in excess of forty-eight (48) inches from the ground level or any stockade, privacy style fence which exceeds the height of six (6) feet on level ground from street level or exceeds eight (8) feet in height to meet the downward slope of a lot from street level. Nor shall any fence be erected, placed or built past the front building line of any building erected on said lot.
6.
No structure, other than a permitted sign or permitted fences, shall be erected within thirty (30) feet of any public roadway right-of-way line. In the case of corner lots, no structure exceeding forty-eight (48) inches in height or plant material exceeding forty-eight (48) inches in height may be erected within the triangular area bounded by the property lines and the line connecting the two (2) points of the property lines thirty (30) feet from the intersection of the property lines.
7.
The provisions relating to setback from a public roadway right-of-way line shall not apply to a corner lot located at an intersection of two (2) or more streets when the building width of each lot shall be less than twenty-eight (28) feet, but in no event in the case of a corner lot shall a structure be erected as permitted herein within fifteen (15) feet of any public roadway right-of-way line.
8.
Churches, schools and nurseries shall be located on a tract of land of not less than one (1) acre.
E.
Parking Requirements.
1.
Each single-family dwelling shall provide one (1) off-street parking space.
2.
Churches shall provide one (1) off-street parking space for each four (4) seats in the main auditorium of the church.
3.
Schools shall provide one (1) off-street parking space for each classroom and separate office in such school plus one (1) space for every four (4) students over the age of sixteen (16) whom the school is designated to accommodate.
4.
Golf courses, playgrounds, nurseries and truck gardening shall provide adequate spaces for employees and visitors' automobiles to assure that no such vehicles need be parked on any street.
5.
Parking of commercial vehicles is prohibited in this district between the hours of 12:00 Midnight and 6:00 A.M. unless such commercial vehicle shall be parked during said hours in an enclosed garage.
6.
Parking areas, including driveways, shall be kept in a dust-free condition but need not in this district be paved and no parking shall be permitted on a lot other than a clearly designated driveway or parking area. No parking area other than a driveway shall be provided within the front yard.
F.
Signs Permitted In District. Parks and playgrounds, churches, public schools, golf courses, nurseries and truck gardening may have one (1) informational sign not exceeding fifteen (15) square feet in gross area or outline area which shall not be erected within fifteen (15) feet of any public road right-of-way line. A sign designed as a temporary for sale sign may be erected in the same manner as an informational sign provided that said sign shall not be erected for a period exceeding three (3) months in any twelve (12) month period. Any such for sale sign shall not display thereon misleading or false representations as to the zoning district and uses permitted within the district. All other signs other than public directional signs are prohibited.