permitted uses in chardon's residential districts

8/22/2019 Permitted uses in Chardon's residential districts

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City of Chardon Planning and Zoning Code

CHAPTER 1133RC, R-1, R-2 AND R-3 RESIDENCE DISTRICTS

1133.01 Purpose. 1133.11 Height Regulations.

1133.03 Use Regulations. 1133.13 Accessory Uses and Structures.1133.05 Lot Standards. 1133.15 Projections into Required Setbacks.1133.09 Floor Area Requirements for

Dwellings.1133.17 Supplementary Regulations for

Attached and Cluster Dwellings.

1133.01 PURPOSE.RC, R-1, R-2, and R-3 Residence Districts and the regulation thereof are

established to promote the following objectives:

(a) To regulate the size and location of dwellings, accessory

buildings and other structures in order to preserve privacy andallow for useable open space on each lot appropriate for theresidential zoning district;

(b) To regulate the density and distribution of population consistentwith the City of Chardon Comprehensive Plan and thereby avoidthe overburdening of existing and proposed municipal facilitiesand public services;

(c) To foster a variety of residential living units while protectingthe character of the City;

(d) To establish the proper placement of one and two familydwellings and their distance from multi-family, commercial andindustrial uses and thereby increase the general convenience,safety and amenities within the community and to protectresidents from nuisances;

(e) To permit adequate access for fire and other emergencyvehicles and equipment by imposing minimum spacerequirements between buildings;

(f) To protect residential neighborhoods and promote the stability

thereof;

(g) To promote the beneficial use of the land consistent with theobjectives, recommendations and goals of the ComprehensivePlan; and,

(h) To implement the following objectives:

Chapter 1133 RC, R-1, R-2, and R-3 Residence District Regulations 1


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(1) Preservation and protection of large open land areas in the RC/RuralConservation District by limiting the uses thereof to passive recreational,agricultural, forestry and other similar uses; and to prevent and discouragewithin the District areas of concentrated residential uses which result inpopulation growth or other uses which require public utilities and municipal

services.

(2)R-1, R-2, and R-3 Single-Family Residence Districts arecreated herein to allow low to medium density residentialdevelopment and

A. To prohibit business, commercial, industrial and othernon-residential uses of the land which are not conduciveto the uses in these Districts;

B. To discourage land use which generates traffic other thanto serve the residences on minor or local streets; and,

C. To discourage land use which requires municipal utilitiesand public services protection which significantly exceedthe requirements for residential use.

1133.03 USE REGULATIONS.

(a) Uses Permitted By Right . Uses listed in Schedule 1133.03denoted by the letter P shall be permitted by right in thezoning district and are the principal uses in the district.

(b) Uses Permitted by Right with Supplementary Regulations . A uselisted in Schedule 1133.03 denoted by a P* is permitted byright as a principal use in the zoning district, if the use complieswith this Chapter and the requirements of Chapter 1145(Conditional & Supplementary Use Regulations). Thecharacteristics of a P* use require standards which are uniqueto each use and not common to the uses permitted by right inthe zoning district. If the use does not comply with therequirements of Chapter 1145, the use may be considered as aConditional Use pursuant to Chapter 1117 (Conditional Uses)

and a Conditional Use Certificate is required.

(c) Conditional Uses . A use listed in Schedule 1133.03 denoted bythe letter C shall be permitted as a conditional use in thezoning district when the Planning Commission makes thedetermination that the requirements of Chapter 1145,(Conditional Use and P* Use Regulations) have been satisfied



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according to the procedures set forth in Chapter 1117(Conditional Use Certificates).

(d) Accessory Uses . An accessory use shall be permitted subject torequirements of this Chapter and to the requirements listed

below.

(1)A fence, wall, landscape feature and other structure shallcomply with Section 1133.13 (Accessory Use Regulations).

(2)A home occupation shall comply with Chapter 1147, GeneralUse Regulations.

(3)An off street parking area shall comply with this Chapter,Chapter 1155 (Off-Street Parking and Loading Regulations)and Chapter 1159 (Landscaping & Land Use Buffers).

(4) A sign shall comply with Chapter 1129 (Sign Regulations)

(e) Schedule 1133.03 Permitted Uses.

Schedule 1133.03

Permitted Uses

RC R-1 R-2 R-3

Rural

Conservation

Single-Family

Residence

Low Density

Residence

Medium

Density

Residence

(1) Residential

A. Single-family dwelling,

detachedP P P P

B. Single-family dwelling,

detached clusterP*

C. Single-family dwelling,attached

P*

D. Two-family dwelling C P

E. Family day care home

(Type B)P P P P

F. Family day care home

(Type A)C C C C



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Schedule 1133.03

Permitted Uses

RC R-1 R-2 R-3

Rural

Conservation

Single-Family

Residence

Low Density

Residence

Medium

Density

Residence

(2) Group Residential

A. Adult care facility for 3-5

persons (Adult family home)P P P P

B. Adult care facility for 6-16

persons (Adult group home)C C C C

C. Residential facility for 5 or

fewer persons (Foster family

home)

P P P P

D. Residential facility for 6-8

persons (Family home)P P P P

E. Residential facility for 9-16

persons (Group home)C C C C

(3) CommunityFacilities/Institutions

A. Cemetery C

B. Church/religious assembly P* P* P* P*C. Community center P* P* P* P*

D. Congregate care

facility/nursing homeC C

E. Library P* P* P* P*

F. Public safety facility C C C C

G. Utility substation/

distribution facility, indoorC C C

C

H. Utility substation/

distribution facility, outdoorC C C

C

(4) Lodging

A. Boarding House C

B. Rooming House C

C. Bed & Breakfast

Establishmentd

NA NA NAd NA

(5) Educational Facilities

A. Day care center, adult or

childC

B. School (public/private),

elementary/secondaryP* P* P* P*

(6) Recreation/Open Space



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Schedule 1133.03

Permitted Uses

RC R-1 R-2 R-3

Rural

Conservation

Single-Family

Residence

Low Density

Residence

Medium

Density

Residence

A. Community Recreation

FacilityP P P P

B. Park/playground P* P* P* P*

(7) Other

A. Agriculture/Forestry P* P*

B. Planned Residential District In conformance with Chapter1137, Planned Residential District

C. Telecommunication facility See Chapter1143

(8) Accessory Uses (a)

A. Detached accessorybuilding, including garage

A A AA

B. Fence, wall A A A A

C. Home occupation(b) A A A A

D. Other accessory structure

See 1133.13A A A A

E. Private swimming pool A A A A

F. Sign(c) A A A A

G. Swim/tennis club A A A A

H. Day Care (adult or child)

accessory to church orschool (see 1145.13(i)(5)

(D))

A A A A

Notes to Schedule 1133.03:

(a)See Section 1133.13 (Accessory Use and Structures).

(b) See 1147.29 Home Occupation Regulations.

(c)See Chapter1129, Sign Regulations.

(d) Bed & Breakfast See 1143.20

P = Use permitted by right; P* = Use permitted by right with supplementary regulations; C = Conditionaluse; A = Accessory use; Blank cell = Use not permitted in district

1133.05 LOT STANDARDS.

(a) A building or structure shall be located on a lot so that noportion thereof encroaches upon or is within the minimumfront, side or rear setbacks required in Schedule 1133.05.



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(b) Front Setback on a Through Lot . On a through lot, theminimum front setback of Schedule 1133.05 shall be providedon each street frontage.

(c) Side Setbacks . An interior lot and a through lot shall have two

side yards. See Schedule 1133.05 for the minimum width ofone side setback and the minimum total width of both sidesetbacks.

(d) Parking Setback . The setback of off-street parking areas shallnot be less than the distances set forth in Schedule 1133.05.

(e) Maximum Coverage . The maximum coverage of the lot, for allareas covered by buildings, shall not exceed the percentagesset forth in Schedule 1133.05.

(f) Maximum Structure Height . All buildings and structures shallcomply with the maximum height regulations set forth below inSchedule 1133.05.

(g) Side Setbacks for Corner Lots . The following setbackrequirements apply to a corner lot. See Figure1below.

(h) Corner Side Setback . A new building or building addition on acorner lot shall comply with the following corner side setbackrequirements:

(f.1) The corner side setback of abutting corner lots with

coinciding rear lot lines shall be the greater of:(1.A) The corner side setback of existing buildings or

structures on the abutting corner lot; or

(1.B) The minimum side setback set forth in Schedule1133.05.

(f.2) The corner side setback which rear lot line coincides withthe side lot line of an interior lot shall comply with therequirements for a front setback of Schedule 1133.05.

(f.3) Interior Side Setback. The minimum side setback from

the interior side lot line shall comply with Schedule1133.05.

()i Schedule 1133.05 Residence District Lot Standards



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Schedule 1133.05

RC, R1 ,R2 and R3 Lot Standards

RC R-1 R-2 R-3

Rural

Conservation

Single-Family

Residence

Low Density

Residence

Medium

Density

Residence

(1) Minimum lot area2 acres 25,000

squarefeet

15,000square

feet

12,800square

feet

(2) Minimum width atbuilding setbackline(a)

250 feet 110 feet 90 feet80 feet

(3) Minimum width ofrear property line.

150 65 55 50

(4) Maximum lot

coverage20% 25% 30% 30%

(5) Building Setback(from right-of-way)

60 feet 50 feet 50 feet 40 feet

(6) Building setback onnon-dedicated street(from thecenterline).


(7) Side Setback

A. Minimum setbackfor one side


B. Combinedminimumsetback for bothsides


(8) Rear Setback 60 feet 40 feet 40 feet 35 feet

(9) Minimum buildingseparation


(10) Maximum heightof principal building

35 35 35 35

(11) Maximum heightof accessorystructures

20 20 20 20

(12) Minimum parkingsetbacks for non-residential uses

Front yard 60 feet 50 feet 50 feet 40 feet



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Schedule 1133.05

RC, R1 ,R2 and R3 Lot Standards

RC R-1 R-2 R-3

Rural

Conservation

Single-Family

Residence

Low Density

Residence

Medium

Density

Residence

Side yard 50 feet 12 feet 12 feet 10 feet

Rear yard 60 feet 40 feet 40 feet 35 feet

a) On curved streets, the lot width shall be the arc length of thebuilding setback line.

b) See Chapter 1145 for lot standards for conditional and P* uses.

c) See Chapter 1155 for exceptions to height standards.

Figure 1 -- Corner Front and Side Setback Requirements:

1133.9 FLOOR AREA REQUIREMENTS FOR DWELLINGS.The minimum floor area per dwelling shall comply with the following

standards


Interior Lot

Vacant Lot

Corner Side Setback

F

rontSetback

FrontSetback

Corner Side Setback

Corner

LotRearLotLine

Side Lot Line

RearLotL

ine

Interior Lot

FrontSetback

Street

Street

Interior Lot

Vacant Lot

Corner Side Setback

F

rontSetback

FrontSetback

Corner Side Setback

Corner

LotRearLotLine

Side Lot Line

RearLotL

ine

Interior Lot

FrontSetback

Street

Street


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Schedule 1133.09

Minimum Floor Area Requirements for Dwellings

RC R-1 R-2 R-3

Rural

Conservation

Single-Family

Residence

Low Density

Residence

Medium

Density

Residence

Single-Family Dwelling

One-story 1,100 sq.ft.

1,500 sq.ft.

1,200 sq.ft.

1,200 sq.ft.

More than one-story 1,350 sq.ft.

1,800 sq.ft.

1,650 sq.ft.

1,500 sq.ft.

Two-Family Dwelling

One-story1,000 sq.

ft.1,000 sq.

ft.

1,000 sq.

ft.

More than one-story 1,200 sq.ft.

1,350 sq.ft.

1,250 sq.ft.

1133.11 HEIGHT REGULATIONS.A building and structure in a residential district shall comply with the

following height regulations:

(a) The height of a principal building and principal structure shallcomply with Schedule 1133.05.

(b) The height of an accessory building or accessory structure shallcomply with Schedule 1133.05.

(c) Height Exceptions: See 1155.01.

1133.13 ACCESSORY USES AND STRUCTURES.An Accessory use shall not be established nor an accessory building or

structure constructed in the RC, R-1, R-2 and, R-3 district without an existingor proposed principal building, structure or use, and shall comply with thefollowing requirements.

(a) Location Requirements for Accessory Uses . The location of apermitted accessory building, structure or use shall comply withSchedule 1133.13 (see "yard permitted").

()b Minimum Setbacks for Accessory Buildings and Uses. Anaccessory building including garage, carport or recreation facility,



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and an active recreation area such as a swimming pool or tenniscourt shall comply with the minimum setback identified in Schedule1133.13.

(c) Schedule 1133.13 Permitted Accessory Structures In Front, Side

And Rear Yards:

Schedule 1133.13

Permitted Accessory Structures In Front, Side And RearYards

Use YardPermitted

Minimum Setback From LotLine

Front Side Rear

(1) Attached accessorybuildings and structures

None (a) (a) (a)

(2) Detached accessorybuildings, such as garagesand storage sheds.

Rear NP 3 ft. 6 ft.

(3) Driveways

Front,corner

side, side,rear

NA 0 ft. 0 ft.

(4) Decks, patios Rear See also Section 1133.15

(5) Fences, walls(b)Front,corner

side, side,rear

0 ft. 0 ft. 0 ft.



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Schedule 1133.13Permitted Accessory Structures In Front, Side And Rear

Yards

Use Yard

Permitted

Minimum Setback From Lot

LineFront Side Rear

(6) Outdoor storage of licensedrecreationvehicles/equipment.

Rear See also Section 1133.13(f)

(7) Outdoor swimming pools Rear NP10 ft. and

requirements in1133.13 (d)

(8) Off-street parking lot formore than 4 vehicles.

Side , Rear NP 10 ft. 10 ft.

Notes to Schedule 1133.13(a) Shall comply with the setback requirements for principal buildings

set forth in Schedule 1133.05.(b) As further regulated by Section 1133.13(e) (Fences, Walls, and

Planting Screens).(c) In cluster developments (ie. Single family condominium) the Limited

Common Area boundary shall be used in determining setbackdistances.

NA Not Applicable.

NP Not Permitted

(d) Additional Regulations for Parking Areas. Accessory off-streetparking spaces shall be located on the same lot as the dwellingserved and comply with the requirements of Chapter 1155.

(e) Private Swimming Pools. An outdoor private swimming poolshall be allowed only as an accessory to a permitted use in anRC or R District and shall comply with the followingrequirements. A portable swimming pool and an indoor privateswimming pool shall not be subject to the requirements of thissection.

(1)The pool is intended and is to be used solely for the

enjoyment of the owners, occupants, tenants and guests ofthe principal use of the property on which it is located.

(2)The pool and any appurtenant structures or equipmentadjacent thereto or improvement intended to be used inconnection therewith shall not be located closer than ten (10')feet to any property line of the lot on which it is located.



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(3)The swimming pool, or the property on which it is located,shall be enclosed with a wall or fence to prevent access fromthe street or adjacent lots. The fence or wall shall be at leastfive (5) feet high with a gate and lock and maintained in goodcondition.

(4)The swimming pool shall comply with the requirements foraccessory structures in Section 1133.13.

()e Fences and Walls . Fences and walls may be erected aspermitted accessory uses in the RC, R1, R2 and R3 Districts incompliance with the following requirements:

(1) Location.

()A A fence or wall may be built adjacent to but not upon

the boundary line, and shall be located entirely on theowner's property. The Zoning Administrator may approvea fence to be placed upon the property line when the fenceconnects to an existing fence on an abutting property andthe abutting property owner has agreed in writing to theconnection of the fences.

()B To maintain clear and unobstructed vision, anopaque fence shall not be permitted within ten feet, inany direction, of the following points:

i. The intersection of a driveway and sidewalk orfront property line if there is no sidewalk;

ii. The intersection of a driveway and public right-ofway;

iii. The intersection of two driveways.

()C A fence shall comply with Section 1147.17XX,Visibility at Intersections.

(2) Materials and Construction.

()A Approved wall and fence materials include stone,brick, finished wood, iron, split rail or synthetic productswith the appearance of the foregoing. Chain link fencingmay be used only in the rear yard. When chain linkfencing in a rear yard is adjacent to a street, such as onthe street side of a corner lot, the fencing shall bescreened from public view by an approved landscapescreen.



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()B Electrified, razor wire and barbed wire fencing inwhole or in part are prohibited.

()C All fences shall be designed, constructed, and finished so that the

supporting members face the property of the owner of the fence.

(a.3) Height . No fence shall exceed six feet in height in any rear or side yard.No fence shall exceed three feet in height in a yard fronting on a street.

(a.4) Maintenance. All fences shall be structurally sound andmaintained in good condition. The owner of the propertyupon which the fence is located shall be responsible formaintaining both sides of the fence. If a fence is approvedto be installed on the property line, the permit holder shallbe responsible for maintaining both sides of the fence.

()f Additional Regulations for Vehicles.

(1)The repainting, rebuilding, overhauling or dismantling of avehicle or the storage of tires, motor, body or other parts in ayard is prohibited.

(2) Overnight parking and outdoor storage of commercial motorvehicles over one (1) ton rate capacity is prohibited.

(3) Parking or storing of vehicles on a lawn is prohibited.

(4) Parking a recreational vehicle/equipment (RV)on a driveway

or yard shall be permitted for not more than two) weeks andsubject to the following conditions:

A. Living quarters shall not be used nor businessconducted while such RV is stored or parked. Nopermanent connection shall be made to anyutilities.

B. Recreational vehicles, camper trailers, small utilitytrailers and boats and boat trailers may be parkedor stored outside an enclosed garage, otheraccessory building or on a driveway provided that

no such vehicle shall overhang in the public right-of-way, or parked in the required front setback oron that part of the driveway located within therequired front setback. A driveway or parkingspace shall not be constructed within the requiredfront setback for the purpose of parking or storingof such vehicles.



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C. The recreational vehicle/equipment is intended andused for the sole benefit and enjoyment of theresident occupants or guests of the property onwhich it is stored or parked.

D. If the recreational equipment is parked or storedoutside, it shall be parked on an impervioussurface, such as asphalt or concrete.

E. All recreational equipment shall be kept in goodrepair and currently registered with the OhioBureau of Motor Vehicles.

1133.15 PROJECTIONS INTO REQUIRED SETBACKS.

(a) The space in any required setback shall remain open andunobstructed. An ordinary projection from a building such as abay window, sill, belt course, cornice, eave, and similararchitectural feature, shall project no more than two (2) feet intothe setback.

(b) A structure such as a porch, balcony, platform, carport, patio, orother similar architectural structure shall be considered a part ofthe principal building to which it is attached and shall not projectinto the minimum required front, side, or rear setback.

1133.17 SUPPLEMENTARY REGULATIONS FOR ATTACHEDAND CLUSTER DWELLINGS

)a Single-family dwelling, attached. Townhouses are permitted in areas where theyare or may be appropriate and compatible with existing dwelling units on or nearadjacent lots. The following standards are used to promote the efficient, economical,comfortable, and convenient use of land and open space; and provide an alternative to aconventional single-family detached dwellings. A single-family attached dwelling shallcomply with the following requirements:

)1 No more than six (6) single-family attached dwelling units shall beconstructed in one building.

)2 An applicant must demonstrate by clear and convincing evidence that themulti-family residential use will be compatible with the neighborhood, includingbut not limited to the traffic circulation, parking, and appearance of thedevelopment.

)3 Lot Requirements. An attached single-family dwelling shall comply withSchedule 1133.05 (Lot Standards).



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)4 Setbacks from Public Rights-of-Way. Setbacks equal to the minimumrequirements in Schedule 1133.05 shall be provided along the perimeter of anattached single-family housing development that fronts upon a street.

)5 Side and Rear Setbacks. A setback equal to the minimum rear and sidesetbacks required by the Schedule in Section 1133.05 shall be provided along theperimeter of the attached single-family housing development that is not adjacentto any public street.

)6 Building Spacing. The minimum building separation shall be a distanceequal to the distance as required in the Schedule in Section 1133.05.

)7 Maximum Height. The maximum height of an attached single-familydwelling shall comply with Schedule 1133.05.

)8 The design, scale, and building materials shall be typical of a single-familyresidence.

)9 The height, size, building materials, window shape and arrangement, androof pitch of the proposed units shall be architecturally compatible with thesurrounding dwellings within an established residential neighborhood.

)10 The front setbacks for adjacent units shall not be the same and shall varya minimum of 3 feet and a maximum of 8 feet.

)11 The front facade of each attached single-family dwelling unit shall beconstructed with different building materials or have different architectural

designs or treatments or both.

)12 Entrances from the public right-of-way to the attached single-familydevelopment shall be minimized and designed in such a way as to maximizesafety, maximize efficient traffic circulation, and minimize the impact on anyadjacent residential neighborhood. Parking spaces shall be located behind thefront building setback line, provided an exception to this requirement may begranted due to depth of the lot, the location of mature trees, or other similarfactors.

)13 A subdivision plat shall be submitted with the development plan if the

attached single-family dwelling units will be constructed on individual lots. Trashcontainers, recycling containers, and mechanical equipment shall comply with thescreen requirements of Section 1159.13 (Screening of Accessory Uses).

()b Single-family Detached Cluster. The following requirements apply to a single-family dwelling, detached cluster:



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(b.1) Applicants must demonstrate by clear and convincing evidence that theproposed single-family detached cluster development will be compatiblewith the surrounding neighborhood and will not generate significantadditional traffic congestion.

(b.2) Lot Requirements. A single-family detached cluster development shallcomply with the lot regulations for multi-family dwellings in Section1133.05 (Lot Standards).

(b.3) Maximum Height. The maximum height of single-family dwellings indetached cluster development shall comply with Schedule 1133.05 (LotStandards)

(b.4) Setbacks from Public Rights-of-Way. The minimum for a public right-of-way setback in Schedule 1133.05 (Lot Standards), shall apply to theperimeter of a cluster housing development which is not adjacent to apublic street.

(b.5) Side and Rear Setbacks. The minimum rear and side setbacks inSchedule 1133.05 shall apply to the perimeter of a cluster housingdevelopment which is not adjacent to a public street.

(b.6) Building Spacing. The minimum building separation requirement inSchedule 1133.05 shall apply to single-family detached cluster dwellings.

(b.7) Common Open Space. A minimum of twenty (20) percent of the grosssite area shall be dedicated in the plat as common open space. The openspace shall comply with the following requirements:

(7.A) Irreplaceable natural features shall be included in open space.Examples of irreplaceable natural features include, but are notlimited to, streams, significant stands of trees, significant habitat,unique flora, wetlands, rock outcroppings and ravines.

(7.B) To encourage large areas of open space, the following shall not beconsidered open space:

(B.i) Public or private streets;

(B.ii) Parking areas, access drives, common drives anddriveways, except as permitted by the PlanningCommission to provide access to the open space;

(B.iii) Required setbacks from lot boundaries and streets forbuildings and parking areas;



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(B.iv) Required spacing between buildings and betweenbuildings and parking areas; and,

(B.v) The private yards within a sublot.

(b.8) Ownership Arrangement. Single-family detached cluster dwellings shallbe developed under the requirements for Planned ResidentialDevelopment with the recording of a plat and fee simple ownership oflots or as a condominium dwelling units complies with the setback andspacing requirement mandated by this Section.

(b.9) Common Land. Land not designated for individual ownership shall bededicated as common land. Legal instruments shall grant ownership andrequire perpetual maintenance of the common land by the developer,homeowners association or other entity or organization approved by theCity prior to [final] approval of the cluster development.

(b.10) Maintenance of Common Land and Open Space. If the homeownersassociation or other organization which is created to own and maintainthe common open space or and common land, or any successor theretofails to comply with any obligation or responsibility imposed as acondition of approval of the development, the City shall serve writtennotice upon the homeowners association, organization or the owner ofeach cluster housing dwelling describe violations and failure to complywith its obligation. The notice shall demand that the violation be curedwithin 30 days of receipt of the notice. If the violations are not remediedwithin the specified time, the City, in order to preserve the taxable valuesof the dwelling and to prevent the common open space or common land

from becoming a public nuisance, may with the owners consent orpursuant to an order from a court of competent jurisdiction enter uponthe common open space and common land and, maintain the same untilthe agency shall again resume its obligations. All costs incurred by theCity shall be charged against the owners and assessed against theproperties and become a lien on the properties.

(b.11) Phasing of Common Open Space. The common open space shall bededicated to private use when the plat for each phase of the development.The common open space dedicated in each phase shall be proportionateto the total common space for the development.

(b.12) Clustering. The dwelling units may be clustered rather than placeduniformly throughout the development site in order to provide commonopen space and to promote creative and innovative residential siteplanning. No minimum lot size is required for a cluster dwelling unit. Thebuilding separation required in Schedule 1133.05 (Lot Standards) shallapply thereto.


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