[CC 1964 §701.040]
A.
General. In District "R-1" no building or land shall be
used and no building shall be erected, altered or enlarged which is
arranged, intended or designed for other than one (1) of the following
uses, except as otherwise provided.
B.
Use Regulations.
1.
Without special restrictions:
a.
One-family dwellings.
b.
Publicly owned parks and recreational areas.
c.
Golf clubhouses, including courses, but not including miniature golf
courses and driving ranges.
d.
Railroad rights-of-way not including railroad yards.
e.
Agriculture as it is typically practiced in the County as a whole.
f.
Greenhouses, nurseries and truck gardening, for propagating and cultivating
only, of plants, upon approval, and providing further that no retail
or wholesale business shall be conducted upon the premises and providing
that there is no disturbance to the residential areas adjoining.
g.
Group homes. The exterior appearance of the home
and property shall be in reasonable conformance with the general neighborhood
standards. No group home shall be located within two thousand five
hundred (2,500) feet of another group home. Group homes shall be eleemosynary
or not-for-profit in nature.
2.
Subject to specific conditions listed below:
a.
Churches and community center buildings.
b.
Public schools, elementary and high, and private schools with curriculum
equivalent to public elementary or high schools, and institutions
of higher learning.
c.
Public libraries, Police, fire stations and public administrative
buildings.
d.
Public museums or art galleries.
e.
Railroad passenger stations.
f.
Water supply reservoirs, wells and filter beds.
3.
The foregoing uses in Subsection (B)(2) must be located in accordance with at least one (1) of the following conditions:
a.
On a lot already devoted to a use enumerated in said paragraph;
b.
On a lot fronting on a portion of a street upon which a portion of
the street and within the same block there fronts and exists a building
of a kind enumerated in said paragraph, or a building devoted to a
non-conforming use, provided that there shall be not more than five
hundred (500) feet of intervening space between the lot in question
and the nearest point of the lot upon which the existing building
is located; or on a lot directly opposite the frontage defined and
fronting on the same street as the existing building;
c.
On a lot immediately adjacent to or across the street from a public
park or public playground;
d.
On a parcel or tract of land entirely surrounded by streets or alleys;
on a parcel or tract of land three (3) sides of which adjoin streets;
e.
On a lot immediately adjoining or immediately opposite on the other
side of a street from "R-4" to "M-1" Districts, inclusive; or
f.
On a lot approved by the Commission.
C.
Accessory
uses customarily incident to the above uses and located on the same
lot therewith, not involving the conduct of a business or industry:
1.
A private garage or servants' quarters, if located not less than
sixty (60) feet from the front lot line, except in the case of a terrace
garage, (see area regulations, District "R-1") and not less than four
(4) feet from any rear and two (2) feet from any side line and, in
the case of corner lots, not less than fifteen (15) feet from a side
street line. No garage shall be erected nearer than twenty (20) feet
to a building on an adjoining lot occupied and used exclusively as
a private residence, unless permitted or unless attached to the main
building. If serving two (2) lots, the garage may be built across
the side or rear line, and where an alley abuts a side or rear lot
line, such accessory building may be built on the alley line. Furthermore,
the servants' quarters shall be occupied only by the owner or by servants
employed on the premises. When built as an integral part of the main
building, a private garage or servants' quarters shall be subject
to the regulations affecting the main building.
A private garage or parking space, providing storage for not
more than one (1) motor vehicle for each two thousand (2,000) square
feet of the lot area.
2.
Community garages may be permitted. Such community
garage may provide facilities for washing cars. Access thereto, if
from the street, shall be by not more than one (1) driveway. Such
garages shall be so located as to be distant at least six (6) feet
from any interior lot line and shall be set back from any front or
side street line, or, in the cases of a through lot, from any rear
street line, a distance of at least ten (10) feet greater than would
be required for a residence building in the same location and shall
not be over one (1) story or sixteen (16) feet high. No commercial
vehicle shall be housed in any such community garage.
3.
A private stable, if located not less than sixty (60) feet from a
front street line nor less than thirty (30) feet from a side or rear
lot line. It shall provide capacity for not more than one (1) horse,
mule or pony for each five thousand (5,000) square feet of lot area,
but no more than a total of two (2) of the before-mentioned animals
shall be allowed.
4.
Temporary buildings such as real estate offices, contractors' sheds
and building of like character will be permitted during the construction
of buildings or sale of property, but not to exceed two (2) years,
upon approval of the Commission.
5.
No billboard, signboard, advertising sign or window display, except as provided below, shall be permitted as an accessory use in this district. The placing of an unilluminated "For Sale", "For Rent", or "For Lease" sign, not more than eight (8) square feet in area, will be permitted as an accessory use; and churches and other institutions as designated in Subsection (B)(2) may display signs showing names, activities and services therein provided; and during construction of a building one (1) unilluminated sign advertising contractors or architects of such building shall be permitted, providing such sign shall not be more than sixteen (16) square feet in area and shall be removed immediately upon completion of a building.
6.
No store, trade, business, industry or practice or a profession shall
be permitted as an accessory use in this district except as follows:
a.
The office of a surgeon, physician (including osteopaths and chiropractors)
or dentist located in the dwelling or apartment used as the private
residence of such surgeon, physician or dentist and attended only
by members of the immediate family, provided no window or other display
or sign is used to advertise such occupation, except an unilluminated
name plate not to exceed eighty (80) square inches, carrying the name
and occupation, may be allowed. No clinic shall be allowed.
b.
Home occupations, located in the dwelling and carried on only by
members of the immediate family of the person occupying such dwelling,
as his/her private residence, provided no window or other display
or sign is used to advertise such occupation.
c.
The furnishing of lodging and/or board for not more than four (4)
persons in a dwelling occupied as a private residence, provided no
window or other display or sign is used to advertise such use.
d.
Private dining halls, dormitories, printing presses, students' laboratories or workshops, playgrounds, athletic fields, stadiums or other customary facilities in connection with a use in Subsection (B)(2) of District "R-1" uses, if on the same lot or parcel of ground in single ownership or on any campus.
e.
News or refreshment stands or restaurants in connection with a railroad
passenger station.
f.
Recreation and service buildings in a public park or playground.
D.
Height, Yard And Area Regulations. In District "R-1" the
height of the buildings, the minimum dimensions of yards, and the
minimum lot area per family permitted on any lot shall be as follows:
1.
Height. Buildings or structures shall not exceed
two and one-half (2½) stories and shall not exceed thirty-five
(35) feet in height.
2.
Front yards. The front yards in this district shall
have a minimum depth of twenty-five percent (25%) of the depth of
the lot, but the depth of such front yard need not be more than thirty
(30) feet.
3.
Side yards.
a.
There shall be a side yard on each side of every building, except
an accessory building, with a minimum width of not less than ten percent
(10%) of the width of the lot. Such side yard shall not be less than
four (4) feet and need not be more than eight (8) feet.
b.
On a corner lot, the side yard regulation shall be the same as for
interior lots, except in the case of reversed frontage where interior
lots have been platted or sold fronting on the side street. In this
case, there shall be a side yard on the street side of the corner
lot not less than one-half (½) of the front yard required in
Subparagraph (2) above.
4.
Rear yards.
a.
The rear yards in this district shall have a minimum depth of twenty-five
percent (25%) of the depth of the lot, but the depth of such rear
yard need not be more than thirty (30) feet.
b.
The area occupied by a detached accessory building in the rear yard
shall be limited to forty percent (40%) of the area of the rear yard.
5.
Lot area per family. No building shall be erected,
altered or enlarged to accommodate or make provision for more than
one (1) family for each seventy-five hundred (7,500) square feet of
the area when attached to a sewer approved by the State Board of Health
or fifteen thousand (15,000) square feet when a septic tank approved
by the State Board of Health is used.
[1]
Editor's Note — In Supplement 12/05, delivered in February of 2006, the City requested that this Section 405.050: "District "R-1" Building Construction Requirements" be deleted as this material is now contained in the International Building Codes, specifically the International Residential Code. Former section 405.050 derived from CC 1964 §701.050.
[CC 1964 §701.080]
A.
Use Regulations. In District "R-2" no building or land shall
be used and no building shall be erected, altered or enlarged which
is arranged, intended or designed for other than one (1) of the following
uses, except as otherwise provided:
1.
Any use included in District "R-1". The restrictions for District "R-1" governing the location of uses under Section 405.040(B)(2) in that district apply also to their location in District "R-2".
2.
Two-family dwellings.
3.
Accessory uses customarily incident to the above uses and not involving
the conduct of a business or industry, under the same lodging and/or
board for not more than four (4) persons in a dwelling unit occupied
as a private residence will be permitted, provided no window or other
display or sign is used to advertise such use.
a.
A private garage or parking space permitted as an accessory use shall
provide storage for not more than one (1) motor vehicle for each fifteen
hundred (1,500) square feet of the lot area and shall be located as
in District "R-1".
b.
All other limitations governing accessory uses in District "R-1"
shall apply to District "R-2".
B.
Height, Yard And Area Regulations. In District "R-2" the
height of buildings, the minimum dimensions of yards, and the minimum
lot area per family permitted on any lot shall be as follows:
1.
Height. Buildings or structures shall not exceed
two and one-half (2½) stories and shall not exceed thirty-five
(35) feet in height.
2.
Front yards. The front yards in this district shall
have a minimum depth of twenty-five percent (25%) of the depth of
the lot but the depth of such front yard need not be more than twenty-five
(25) feet.
3.
Side yards.
a.
There shall be a side yard on each side of every building, except
an accessory building, with a minimum width of not less than ten percent
(10%) of the width of the lot. Such side yard shall not be less than
four (4) feet and need not be more than eight (8) feet.
b.
On a corner lot, the side yard regulation shall be the same as for
the interior lots, except in the case of reversed frontage where interior
lots have been platted or sold fronting on the side street. In this
cases, there shall be a side yard on the street side of the corner
lot not less than one-half (½) of the front yard required in
Subparagraph (a) above.
4.
Rear yards.
a.
The rear yards in this district shall have a minimum depth of twenty-five
percent (25%) of the depth of the lot, but the depth of such rear
yard need not be more than thirty (30) feet.
b.
The area occupied by a detached accessory building in a rear yard
shall be limited to forty percent (40%) of the area of the rear yard.
5.
Lot area per family. In District "R-2", no building
shall be erected, altered or enlarged to accommodate or make provision
for more than one (1) family for each five thousand (5,000) square
feet of the area of the lot when attached to a sewer approved by the
State Board of Health or fifteen thousand (15,000) square feet when
a septic tank approved by the State Board of Health is used.
[CC 1964 §701.100]
A.
Use Regulations. In District "R-4", no building or land
shall be used and no building shall be erected, altered or enlarged
which is arranged, intended or designed for other than one (1) of
the following uses, except as otherwise provided:
1.
Any use permitted in District "R-2".
2.
Apartment house or row houses.
3.
Boarding houses and children's boarding homes for more than four
(4) children.
4.
Lodging houses. For the purpose of computing the
number of lodgers allowed, a minimum of three hundred (300) square
feet of lot area shall be provided for each lodger.
5.
Convalescent homes, nursing or old folks' home, other than mental
patients, alcoholics or persons having contagious diseases.
6.
Convents, private clubs or fraternal orders, including fraternity
or sorority houses, except clubs the chief activities of which are
services customarily carried on as a business.
7.
Accessory uses customarily incident to the above uses, and located
on the same lot therewith, not involving the conduct of a business
or industry, as follows:
a.
Any window or other display or sign shall comply with the regulations
or such accessory uses in District "R-1", except that in this district
an unilluminated sign, advertising lodging and/or board, shall be
allowed, which sign shall not exceed eighty (80) square inches in
size.
b.
Home occupations as defined in Section 405.010 shall be allowed in this district, but in this district an unilluminated sign, attached to or within the building, not to exceed eighty (80) square inches, carrying the name and occupation, may be allowed.
c.
All other limitations governing accessory uses in District "R-1"
shall apply to District "R-4".
B.
Height, Yard And Area Regulations. In District "R-4", the
height of buildings, the minimum dimensions of yards, and the minimum
lot area per family permitted on any lot shall be as follows:
1.
Height. Buildings or structures shall not exceed
three (3) stories and shall not exceed forty-five (45) feet in height.
2.
Front yards. The front yard in this district shall
have a minimum depth of fifteen percent (15%) of the depth of the
lot but the depth of such front yard need not be more than twenty
(20) feet.
3.
Side yards.
a.
There shall be a side yard on each side of every building, except
an accessory building, with a minimum width of not less than ten percent
(10%) of the width of the lot. Such side yard shall not be less than
four (4) feet and need not be more than eight (8) feet. For a structure
over thirty-five (35) feet in height, any side yard shall not be less
than six (6) feet.
b.
On a corner lot, the side yard regulation shall be the same as for
interior lots, except in the case of reversed frontage where interior
lots have been platted or sold fronting on the side street. In this
case, there shall be a side yard on the street side of the corner
lot not less than one-half (½) of the front yard required in
Subparagraph (2).
4.
Rear yards.
a.
The rear yards in this district shall have a minimum depth of twenty-five
percent (25%) of the depth of the lot but the depth of such rear yard
need not be more than twenty-five (25) feet.
b.
The area occupied by a detached accessory building in a rear yard
shall be limited to forty percent (40%) of the area of the rear yard.
5.
Lot area per family. No building shall be erected
or altered to accommodate or make provision for less than the following
number of square feet of the lot area per family but all such buildings
must be connected to a sewer system approved by the State Board of
Health.
