A.
Definition. Residential districts are the following:
(1)
Single-Family Residential Rural (R1-R).
(2)
Single-Family Residential Suburban (R1-S).
(3)
Single-Family Residential Urban (R1-U).
(4)
Multiple-Family Residential (R2).
(5)
Planned Highway Residential (PHR).
[Added 2-19-2002 by Ord. No. 02-02]
(6)
Residential Adult (R1-A).
[Added 3-22-2005 by Ord. No. 05-02]
C.
Accessory buildings and uses.
(1)
An accessory building or use shall not project nearer to the street on which the principal building fronts than such principal building.
(2)
An accessory building, private garage or accessory use shall be considered to be part of the main dwelling in applying front, side, and rear yard regulations of this chapter.
(3)
Except for townhouses and single-family attached dwelling units located in any residential zoning district, a detached outdoor storage shed may be located in a required side or rear yard provided that the following requirements are met:
(a)
Use. Storage shed to be used for the storage of lawn mowers, garden tractors, garden tools, lawn furniture, and all other material in this classification.
(b)
Size. Storage shed, whether prefabricated or custom built, shall not exceed 120 square feet of floor space and the wall height shall not exceed eight feet, nor the gable height exceed nine feet.
(c)
Location. Storage shed must be constructed at least three feet from rear and side yard property lines.
(d)
Anchoring. All buildings shall be properly and adequately anchored.
(4)
Patios, decks and/or privacy screens for townhouses or single-family attached residential dwelling units located in an R1-U or PHR Zoning District shall be permitted without conditional use or site plan approval in accordance with the following standards, and shall be permitted for townhouses or single-family attached dwelling units located in any other residential zoning district in accordance with the following standards:
(a)
Privacy screens. A privacy screen shall be constructed as an attached structure to the principal structure as long as such privacy screen complies with all of the following requirements:
[1]
No privacy screen shall be constructed within a building setback area or required yard area.
[2]
No screen shall be constructed into or through a drainage or utility easement.
[3]
A privacy screen shall be erected at right angles to the building face to which it is attached and it shall extend from that building face no more than 16 feet away from the building.
[4]
The minimum embedment of post for the privacy screen should be 24 inches below the surface of the ground.
[5]
No gates shall be installed in the privacy screen.
[6]
Privacy screens shall be constructed of pressure treated, wood-stained, natural wood-colored wood and shall not be painted.
[7]
Privacy screens shall be constructed of a stockade or board-on-board slatted-type construction with slats a maximum of four inches in width.
[8]
All privacy screens shall be set back from a side lot line at least six inches, even if no side yard requirement is required in the particular zoning district except, however, if no side yard setback requirement exists for the zoning district, the privacy screen may be constructed along the property line if both adjoining property owners agree in writing to a common fence at the time of the building permit application.
[9]
All privacy screens shall be six feet in height from the ground level.
(b)
Patios and decks. A patio or deck may be attached to the principal structure if all of the requirements listed below are met by such patio or deck:
[1]
No patio or deck shall be constructed within building setback lines or required yard areas.
[2]
No deck or patio shall encroach into a drainage easement or utility easement.
[3]
The minimum distance between the end of a patio or deck along a side lot line shall be at least 12 inches.
[4]
Maximum horizontal dimensions of the patio or deck shall be 16 feet in a direction parallel to the building face along which the deck or patio is constructed and eight feet in dimension as a projection away from such building face. The maximum distance the patio or deck may project away from a building face may be increased to a maximum of 10 feet if a hose bib, window well, or other similar obstruction along the building face prevents the patio or deck from being constructed immediately adjacent to the building face.
[5]
All concrete to be used for a patio or deck footers shall be at least 3,300 psi strength or better.
[6]
Any wood to be used for the deck or patio shall meet the following minimum specifications:
[a]
Pressure treated, 1,600 F Southern Yellow Pine or better.
[b]
Wood member sizes designed to meet load and size conditions.
[c]
All wood is to be stained a natural wood color, not painted.
[d]
Wood rails and posts are permitted.
[e]
All patios and/or decks shall have permanent concrete footers.
[f]
All patios and/or decks shall be constructed to BOCA Building Code standards.
[g]
Patio and deck roofs shall not be permitted.
[h]
Patio and deck awnings shall not be permitted.
(5)
Patios and decks for single-family detached residential dwelling units located in an R1-R, R1-S, or R1-U Zoning District shall be permitted without conditional use in accordance with the following standards:
[Added 4-28-2009 by Ord. No. 09-07]
(a)
Patios, installed at grade level, shall be permitted, provided all of the requirements listed below are met:
[1]
Patios shall be constructed of concrete, brick, blocks, pavers, open-grid premanufactured block, or similar materials. Gravel, small stones, or other loose material shall not be used except as may be necessary to secure and seal spaces between the primary construction materials.
[2]
A patio shall be permitted to extend into the required rear yard, but not closer than 30 feet to a rear lot line. Patios are not permitted to extend into any required side yard.
[3]
The maximum surface area of the portion of a patio that extends into any required rear yard shall be 150 square feet.
[4]
A patio that extends into any required rear yard must be uncovered and open to the sky, except retractable awnings shall be permitted to extend a maximum of 10 feet into a rear yard setback. Such retractable awnings shall be attached to the wall of the dwelling and shall not be supported by any other poles, posts or other supports.
[5]
Walkways, ancillary to the patio and less than three feet in width, may extend into the required rear and side yard setbacks, but not closer than three feet to a property line.
[6]
Patios shall not encroach into a drainage easement or utility easement.
[7]
Patios and walkways are considered part of lot coverage. Lot coverage shall not exceed the maximum coverage permitted in the respective zoning district.
(b)
Decks and raised patios. Decks or raised patios may extend into a required rear yard if all the requirements listed below are met by such deck or raised patio:
[1]
Maximum dimensions of the deck or raised patio shall be 20 feet in a direction parallel to the building face along which the deck or raised patio is constructed.
[2]
Decks or raised patios that extend into a required rear yard shall not be closer than 30 feet to a rear lot line. Decks and raised patios are not permitted to extend into any required side yard.
[3]
To be permitted under this section of the chapter, decks and raised patios must be uncovered and open to the sky, except retractable awnings shall be permitted to extend a maximum of 10 feet into a rear yard setback. Such retractable awnings shall be attached to the wall of the dwelling and shall not be supported by any other poles, posts or other supports.
[4]
Decks or raised patios shall not encroach into a drainage easement or utility easement.
[5]
Decks and raised patios are considered a part of lot coverage. Lot coverage shall not exceed the maximum lot coverage permitted in the respective zoning district.
[6]
All decks and raised patios shall be constructed in accordance with current Building Code standards.
D.
Private swimming pool. Except for townhouses and single-family attached dwelling units located in any residential zoning district, a private noncommercial swimming pool whether aboveground or in-ground may be permitted on the same lot with a dwelling unit, subject to the following conditions:
(1)
No edge of said pool shall be located nearer than 50 feet to a street right-of-way line.
(2)
No edge of said pool shall be located nearer than 10 feet to any lot line or zoning district line.
(3)
If said pool is located within 20 feet of any lot line, such pool and related preventative fencing shall be screened by plantings.
(4)
Pool may not be located in front yards.
(5)
This section does not invalidate any other Township, county, or state ordinance or regulation pertaining to private swimming pools, walls, and fences.
E.
Exceptions to yard requirements. Existing setbacks in developed areas. A proposed single-family detached dwelling shall not be required to have a setback greater than the average of the two existing dwellings with the greatest setbacks located within 100 feet on each side of the proposed dwelling, on the same side of the street, within the same block, in the same district.
F.
Home occupations.
[Amended 2-27-2018 by Ord. No. 18-02]
(1)
Size limit. A home occupation shall not occupy more than 25% of the total floor area of a dwelling unit or 500 square feet of the unit, whichever is less.
(2)
Personnel limit. Not more than one person shall be employed in a home occupation who is not an occupant of the dwelling unit nor a member of the occupying family.
(3)
General use restrictions.
(a)
A home occupation is one that is incidental to the residential use of the premises. The occupant of the residence where the home occupation is to be located shall be the same as the operator of the approved home occupation for that residence. A home occupation shall be one of the following:
[1]
No-impact home occupation: a business activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use.
[2]
Moderate-impact home-based business: a business having no more than one employee; a business activity conducted as an accessory use which is clearly secondary to the use as a residential dwelling, having no more than one employee and which involves customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use.
[a]
Parking. A minimum of two off-street parking spaces, in addition to those required for the residential unit, shall be required for all home occupation uses which will be visited by customers or clientele. No on-street parking will be permitted to support a home occupation.
(b)
A home occupation shall be carried on in the principal structure only; accessory buildings designed or intended to be used for the home occupation shall not be permitted.
(c)
Garages shall not be permitted to be used for a home occupation.
(4)
Use restrictions. In connection with the operation of a home occupation, it shall not be permitted to:
(a)
Sell articles produced elsewhere than on the premises.
(b)
Have exterior displays of goods visible from the outside.
(c)
Store materials, articles, or products outside or on top of any structure on the lot.
(d)
Have any visible evidence of a home occupation use when viewed from the building exterior, except for sign as regulated in § 185-25F(5).
(7)
Examples of nonhome occupations. Home occupations do not include:
(8)
A home occupation is not transferable to new occupant/owner of the premises.
G.
Supplementary regulations applying to telephone exchange or other utility installations.
(2)
All machinery, mechanisms, transformers, storage tanks, switching gears, valves, other equipment, and the supports for them, shall be enclosed in a structure conforming to the provisions of § 185-25G(1).
(3)
Materials of any type shall not be stored in the open, nor shall vehicles be parked in the open.
(a)
Materials and vehicles shall be stored in a structure conforming to the provisions of § 185-25G(1).
H.
Accessory buildings and structures for townhouses and single-family attached dwelling units. No accessory building types or structures shall be permitted for townhouses and/or single-family attached dwelling units in any residential zoning district except in accordance with the specific provisions of this chapter and the approved site plan and/or subdivision and land development plan, if any.