[R.O. 2010 §400.120; CC 1970 §33-12; Ord. No. 1305 Art. 4 §2, 4-24-1963; Ord.
No. 14-82 §1, 8-24-1982]
A. A building
or premises in an "R-1" District shall be used only for the following
purposes:
1. Single-family dwellings. There shall be no more than one group home
or one foster home in any neighborhood in any "R-1" or "R-2" Districts.
2. Parks, playgrounds and community buildings owned or operated by a
public agency.
3. Public schools, elementary and high and educational institutions
having a curriculum the same as ordinarily given in public schools.
4. A special use permit may be granted for the use of a public school
building which is no longer being used as a public school whenever
the building and premises on which it is located is more than fifty
percent (50%) within an adjoining community, provided such use has
been authorized by the adjoining community, and provided, that application
for such use shall first be submitted to the Plan Commission for their
review and recommendation; provided, further, that the Board of Aldermen
shall first hold a public hearing on such application giving at least
fifteen (15) days notice thereof in a newspaper of general circulation
and by First Class Mail to all property owners within one hundred
eighty-five (185) feet thereof. Before issuance of such a permit,
the Board of Aldermen must, following the public hearing, determine
that such use will not:
a. Substantially increase traffic hazards or congestion.
b. Substantially increase fire hazards or be a nuisance to adjoining
residential zones by reason of noise, odor or light.
c. Adversely affect the character of the neighborhood.
d. Adversely affect the general welfare of the community.
e. Overtax public facilities or utilities.
|
The Board of Aldermen must find negatively to all of the above requirements before such a permit may be granted. The Board of Aldermen may make such permit subject to such conditions as it may determine are required to meet the conditions of this Chapter. The permit may be withdrawn or revoked if at any time the user shall fail to comply with the conditions of the permit. This permit shall not be transferable or assignable. Further, any consideration as to granting of such a permit shall be subject to the conditions of Section 400.100.
|
5. Private golf clubs; provided, that no such golf club shall be established
nor any existing golf club shall expand its grounds or buildings or
parking area without first securing a permit for the same from the
Board of Aldermen. Any such application shall first be submitted to
the Plan Commission for its recommendation. No permit shall be granted
unless a public hearing on such application is held and after such
hearing the Board of Aldermen shall determine whether such use will:
a. Substantially increase traffic hazards or congestion.
b. Substantially increase fire hazards.
c. Adversely affect the character of the neighborhood.
d. Adversely affect the general welfare of the community.
e. Overtax public utilities.
|
The Board of Aldermen must find negatively as to an of the above
five (5) requirements before such permit is granted. If the board
finds affirmatively as to any of the five (5) requirements the permit
shall be denied.
|
7. Accessory buildings which are used for uses customarily incident
to the above uses, including a private garage, and including home
occupation by special use permit. Any accessory building that is not
a part of the main structure shall be located not less than sixty
(60) feet from the front lot line.
[Ord. No. 16-19, 9-3-2019]
Before a special use permit is issued to permit any home occupation
in an accessory building, the Board of Aldermen may, at its discretion,
require that a public hearing be held. Before such special use permit
can be issued by the Board of Aldermen, it must first determine that
such use will not:
|
a. Substantially increase traffic hazards or congestion;
b. Substantially increase fire hazard;
c. Adversely affect the character of the neighborhood;
d. Adversely affect the general welfare of the community;
e. Overtax public utilities; or
f. Be a nuisance to adjoining residential zones by reason of noise,
odor or lights.
If the Board's findings be negative as to all such requirements, then such permit shall be granted with such restrictions and conditions as may be necessary to reasonably ensure that the operation of the home occupation for such use will not, in the future, violate the foregoing Subsections (A)(7)(a) to (A)(7)(f), and to ensure that the operation of such business will not create a nuisance or any undue noise, smoke, noxious odors, light or dirt or other conditions that adversely affect the character of the neighborhood, or affect the value and enjoyment of the property owners.
|
If the home occupation should at any time after the granting
of a permit be operated in a manner to violate any of the terms of
this Section or of the permit, the operator of such home occupation
shall be given written notice by the City Administrator to discontinue
such violations within ten (10) days. If such violations are not discontinued
within such time, then the permit to conduct such business shall be
rescinded and the City will take such action as to require to force
the discontinuance of such home occupation on such premises.
|
8. Temporary buildings for uses incidental to construction work, which
buildings shall be removed upon the completion or abandonment of the
construction work.
9. Signs not exceeding four (4) square feet in area appertaining to
the lease, hire or sale of a building or premises, which boards or
signs shall be removed as soon as the premises are leased, hired or
sold.
[R.O. 2010 §400.130; CC 1970 §33-13; Ord. No. 1305 Art. 4 §3, 4-24-1963; Ord.
No. 02-06 §1, 2-20-2006]
No building in an "R-1" District shall exceed two and one-half (2½) stories, but under no circumstances shall a building exceed thirty-five (35) feet in height, except as provided in Section
400.070.
[R.O. 2010 §400.140; CC 1970 §33-14; Ord. No. 1305 Art. 4 §4, 4-24-1963; Ord.
No. 9-87 §§1, 3, 5-4-1987]
A. Front Yard.
1. Except as provided in Section
400.070 there shall be a front yard having a depth of not less than thirty-five (35) feet.
2. Where a lot has double frontage, the required front yard shall be
provided on both streets.
3. Where a lot is located at the intersection of two (2) or more streets,
there shall be a front yard on each street side of such corner lot;
except, that the width shall be not less than ninety-five (95) feet
and the buildable width shall not be less than fifty (50) feet.
4. When the owner of a lot of record located at the intersection of
two (2) streets requests to construct a main building, or construct
an addition to an existing main building on a lot of record, the building
line for such main building or addition shall be established on the
side street from the side property line by calculating twenty-five
percent (25%) of the front lot line width; but in no case shall this
building line be less than twelve (12) feet from the side property
line. The front building line for an interior lot of record shall
be established as the average of the front building lines of the two
(2) main buildings on either side of the lot of record under consideration;
however, if building lines are delineated on the side street of a
subdivision plat of record, such lines shall be the prevailing and
required building lines.
B. Side Yard.
1. Except as provided in Section
400.070, there shall be a side yard on each side of a building having a width of not less than ten (10) feet.
2. The side yard on each side of a building on a lot of record which
is less than one hundred (100) feet in width, shall have a side yard
of ten percent (10%) of the width of the lot at the building line,
but shall not be less than six (6) feet.
C. Rear Yard. Except as provided in Section
400.070, there shall be a rear yard having a depth of not less than thirty (30) feet.
D. Intensity Of Use Of Lot. Every lot shall have an area of
not less than ten thousand (10,000) square feet and a minimum width
of eighty (80) feet; except, that if a lot of record has less area
than herein required, that lot may be used only for a single-family
dwelling.
[R.O. 2010 §400.150; CC 1970 §33-15; Ord. No. 1384 §1, 3-11-1966]
A. Notwithstanding the provisions of Subsection (A)(3) and Subsection (D) of Section
400.140, in any City block where more than fifty percent (50%) of the lots on the same side of the street as the lot in question are in compliance with the area requirements of this Chapter, a lot of record which does not comply with the area requirements for the Class "R-1" Single-Family Dwelling District regulations, shall be brought into compliance with the minimum area requirements and width requirements for this zone if the owner of such lot shall at any time, after April 24, 1963, also own:
1. An adjoining lot or other unplatted or unsubdivided property sufficiently
large in area that if combined with the non-conforming lot it would
bring the non-conforming lot into conformance and compliance with
the requirements in this zone, even though such combining of such
property would result in fewer buildable lots.
2. A lot with an improvement or building on it, whether a lot of record
or an unsubdivided property adjacent to the non-conforming lot of
record, which, if transferred to, combined with and made a part of
the lot of record would bring the lot of record into compliance and
would not render the lot or property containing the improvements and
remaining after such transfer a non-conforming lot.
B. Before
any building permit shall be issued or before any such property or
any portion of it may be sold or transferred the owner of such non-conforming
lot shall bring it into compliance. Any owner of property from and
after April 24, 1963, who shall own a non-conforming lot and adjacent
property to it that would enable him/her to bring it into compliance
in accordance with the terms of this Section and who transfers any
portion of such property so as to make it impossible for him/her to
comply with the provisions of this Section, shall not nor shall any
successor in title thereto be granted a building permit to use the
remaining portion of the lot or to use the lot of record remaining.
Such transfer of property shall be considered illegal and void and
against the provisions of this Chapter.
[R.O. 2010 §400.160; CC 1970 §33-16; Ord. No. 1305 Art. 4 §5, 4-24-1963]
Off-street parking spaces in an "R-1" District shall be provided in accordance with the requirements for specific uses set forth in Chapter
410.