CHAPTER 1109

Effects of Districting and General Regulations

1109.01 Conformity required.
1109.02 Additional uses; determination.
1109.03 Additional prohibited uses; determination.
1109.04 Conversion of dwellings.
1109.05 Rear dwellings.
1109.06 Transitional uses in R-Districts.
1109.07 Yard requirements along zoning boundaries.
1109.08 Accessory uses in R-Districts.
1109.09 Minimum ground floor area.
1109.10 Performance standards; compliance.
1109.11 Street frontage required.
1109.12 Traffic visibility across corner lots.
1109.13 Reduction of required area prohibited.
1109.14 Off-street parking and loading.
1109.15 Encroaching doors.
1109.16 Essential services.
1109.17 Unsafe buildings.
1109.18 Pending applications for building permits.
1109.19 Parking of trucks in R-Districts.

CROSS REFERENCES

Floor area defined - see P. & Z. 1145.04
Performance standards - see P. & Z. Ch. 1165
Board of Zoning Appeals powers - see P. & Z. 1193.06
District changes and regulation amendments - see P. & Z. Ch. 1197
Building permits - see BLDG. Ch. 1331
Unsafe buildings - see BLDG. Ch. 1341


1109.01 CONFORMITY REQUIRED.
Except as hereinafter specified, no land, building, structure or premises shall hereafter be used, and no building or part thereof, or other structure shall be located, erected, moved, reconstructed, extended, enlarged or altered except in conformity with the regulations herein specified for the district in which it is located. Such regulations include, but are not limited to the following: the use of buildings, structures or land, including performance standards for the control of any "dangerous and objectionable elements", as defined herein, in connection with such use; the height, size, dimensions of building or structures; the size or dimensions of lots, yards and other open spaces surrounding buildings; and the provision, location, size, improvement and operation of off-street parking, loading and unloading spaces.
(Ord. 196. Passed 11-21-63.)


1109.02 ADDITIONAL USES; DETERMINATION.
Uses other than those specifically mentioned in this Zoning Code as permitted uses, in each of the districts may be allowed provided that in the judgment of the Board of Zoning Appeals, as evidenced by resolution of record, such other uses are of similar character to those mentioned and will have no adverse influence or no more adverse influence on adjacent properties or the neighborhood or the community than the permitted uses specifically mentioned for the district.
(Ord. 196. Passed 11-21-63.)


1109.03 ADDITIONAL PROHIBITED USES; DETERMINATION.
Uses other than those specifically prohibited in this Zoning Code in any district shall also be prohibited therefrom, provided that in the judgment of the Board of Zoning Appeals, as evidenced by resolution of record, such other uses are similar in character to those specifically prohibited in that they would have similar or more serious adverse influence on adjacent properties or the neighborhood or the community than the uses specifically mentioned as prohibited in the district.
(Ord. 196. Passed 11-21-63.)


1109.04 CONVERSION OF DWELLINGS.
The conversion of any building into a dwelling or the conversion of any dwelling so as to accommodate an increased number of dwelling units or families, shall be permitted only within a district in which a new building for similar occupancy would be permitted under this Zoning Code and only when the resulting occupancy will comply with the requirements governing new construction in such district, with respect to minimum lot size, lot area per dwelling unit, percentage of lot coverage, dimension of yards and other open spaces and off-street parking. Each conversion shall also be subject to such further requirements as may be specified hereinafter within the chapter applying to such district. The aforesaid requirements with respect to lot coverage, yards and other open spaces shall not apply in case the conversion will not involve major exterior structural changes and:

(a) There is either a shortage of not more than ten percent in the required dimensions or area of each of not more than two such requirements as to coverage, yards and other open spaces; or

(b) In case the conversion will result in lot area per dwelling unit or family, at least twenty percent greater than required for new buildings in the district.
(Ord. 196. Passed 11-21-63.)


1109.05 REAR DWELLINGS.
No building in the rear of a principal building on the same lot shall be used for residential purposes unless it conforms to all the yard and other open space and off-street parking requirements of this chapter, and for the purpose of determining the front yard in such cases, the rear line of the required yard for the principal building front shall be considered the front line for the building in the rear. In addition, there must be provided for any such rear dwelling, an unoccupied and unobstructed accessway not less than ten feet wide to a public street for each dwelling unit in such dwelling, or one not less than thirty feet wide for three or more dwelling units.
(Ord. 196. Passed 11-21-63.)


1109.06 TRANSITIONAL USES IN R-DISTRICTS.
In any R-1 or R-2 District, a transitional use shall be permitted on a lot, the side lot line of which adjoins either directly or across an alley of any "B" or "M" District. The permitted transitional uses for any lot in an R-1 District shall be any use permitted in the R-2 District, and for any lot in an R-2 District, any use permitted in the R-3 District. In the case of any such lot in an R-1 or R-2 District, the requirements governing lot area per dwelling unit, off-street parking, yards and other open spaces, shall be the same as for the next following less restricted district listed in Chapters 1117, 1121 and 1125. Any transitional use authorized under this section shall not extend more than 100 feet from the side lot line of the lot abutting on the zoning district boundary line.
(Ord. 196. Passed 11-21-63.)


1109.07 YARD REQUIREMENTS ALONG ZONING BOUNDARIES.
Along any zoning boundary line, on a lot adjoining such boundary line in the less restricted district, any abutting side yard, rear yard or court, unless subject to greater restrictions or requirements stipulated by other provisions of this Zoning Code, shall have a minimum width and depth equal to the average of the required minimum width or depth for such side yards, rear yards or courts in the two districts on either side of such zoning boundary line. In cases where the height of a proposed structure on such lot in the less restricted district is greater than the maximum height permitted in the adjoining more restricted district, the minimum depth or width of the side yard, rear yard or court for such structure shall be determined by increasing the minimum width or depth for the highest structure permitted in such more restricted district by one foot for each two feet by which the proposed structure exceeds the maximum height permitted in the more restricted district.
(Ord. 196. Passed 11-21-63.)


1109.08 ACCESSORY USES IN R-DISTRICTS.

(a) General. An accessory building may be erected detached from the principal building or may be erected as an integral part of the principal building, or it may be connected therewith by a breezeway or similar structure. Except as provided in Chapter 1181, no accessory building shall be erected in any required yard or court, except a rear yard, and shall not occupy more than thirty-five percent of a required rear yard. Accessory buildings shall be a distance of at least six feet from any dwelling situated on the same lot, unless an integral part thereof; at least six feet from any other accessory building; and at least three feet from all lot lines of adjoining lots which are within any R-District.

(b) Corner Lots. In any R-District, where a corner lot adjoins in the rear a lot fronting on the side street and located in an R-District, no part of an accessory building on such corner lot within twenty-five feet of the common lot line shall be nearer to a side street lot line than the least depth of the front yard required along such side street for a dwelling on such adjoining lot, and in no case shall any part of such accessory building be nearer to the side street lot line than the least width of the side yard required for the principal building to which it is accessory.

(c) Front Setback. No accessory use or structure in any R-District, except an off-street parking area subject to the provisions of Chapter 1145, shall be permitted nearer to any front lot line than sixty feet, unless such use or structure is contained within or connected thereto. In case of a corner lot, where choice by the owner of the longer street lot line has been approved as the front lot line, this requirement shall apply only to the distance of an accessory building from the shorter street lot line.

(d) Yard Requirements. Except as provided in Chapter 1177, an accessory building, if not located in the rear yard, shall be an integral part of, or connected with, the principal building to which it is accessory and shall be so placed as to meet all yard and court requirements for a principal building of the same height and other dimensions as the accessory building.

(e) Without Main Building. In any R-District no accessory building or structure shall be erected or constructed prior to the erection or construction of the principal or main building.
(Ord. 196. Passed 11-21-63.)


1109.09 MINIMUM GROUND FLOOR AREA.

(a) A one-story dwelling shall contain not less than 750 square feet of usable ground floor area exclusive of open porches, garages, carports or steps.

(b) A one and one-half or two-story dwelling, shall contain not less than 650 square feet of ground floor area exclusive of open porches, garages, carports or steps.
(Ord. 196. Passed 11-21-63.)


1109.10 PERFORMANCE STANDARDS; COMPLIANCE.
Even though compliance with performance standards' procedure, Chapter 1165, may not be expressly required for a particular use, initial and continued compliance with performance standards is required of every use.
(Ord. 196. Passed 11-21-63.)


1109.11 STREET FRONTAGE REQUIRED.
Except as permitted by other provisions of this Zoning Code, no lot shall contain any building used in whole or part for residential purposes unless such lot abuts for at least twenty feet on a street and there shall be not more than one single-family dwelling for such frontage.
(Ord. 196. Passed 11-21-63.)


1109.12 TRAFFIC VISIBILITY ACROSS CORNER LOTS.
In any R-District on any corner lot, no fence, structure or planting shall be erected or maintained within twenty feet of the corner (the point of intersection of the right-of-way line), which interferes with traffic visibility across the corner.
(Ord. 196. Passed 11-21-63.)


1109.13 REDUCTION OF REQUIRED AREA PROHIBITED.
No lot, yard, court, parking area or other space shall be reduced in area or dimension so as to make such area or dimension less than the minimum required by this Zoning Code. No part of a yard, court, parking area or other space provided about, or for any building or structure for the purpose of complying with the provisions of this Zoning Code shall be included as part of a yard, court, parking area or other space required under this Zoning Code for another building or structure.
(Ord. 196. Passed 11-21-63.)


1109.14 OFF-STREET PARKING AND LOADING.
In every district spaces for off-street parking and for off-street loading and unloading shall be provided in accordance with the provisions of
Chapter 1145.
(Ord. 196. Passed 11-21-63.)


1109.15 ENCROACHING DOORS.
Every garage building or portion of a main building used for garage purposes shall be so equipped that the doors, when open or being opened, will not project beyond any lot line of the lot on which such building is located. When such doors open to an alley, the wall or portion thereof containing the doors shall be at least six feet from the line forming the common boundary between the lot and the alley.
(Ord. 196. Passed 11-21-63.)


1109.16 ESSENTIAL SERVICES.
Essential services shall be permitted as authorized and regulated by law and other ordinances of the City. It is the intention of this section to exempt such essential services from the application of this Zoning Code.
(Ord. 196. Passed 11-21-63.)


1109.17 UNSAFE BUILDINGS.
Nothing in this Zoning Code shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by proper authority.
(Ord. 196. Passed 11-21-63.)


1109.18 PENDING APPLICATIONS FOR BUILDING PERMITS.
Nothing herein contained shall require any change in the overall layout, plans, construction, size or designated use of any development, building, structure or part thereof for which official approvals and required building permits have been granted before the enactment of this Zoning Code, the construction of which shall have been started within three months after the effective date of this Zoning Code.
(Ord. 196. Passed 11-21-63.)


1109.19 PARKING OF TRUCKS IN R-DISTRICTS.
No truck or other commercial vehicle of a rated weight of more than one-half ton shall be parked on any street or on any residential premises in any R-District for any consecutive period of four hours or more. Nothing herein shall prevent the parking of such vehicle in a fully enclosed garage or similar permanent structure.
(Ord. 196. Passed 11-21-63.)


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