City of Chardon Planning and Zoning Code

CHAPTER 1133 RC, R-1, R-2 AND R-3 RESIDENCE DISTRICTS 1133.01 1133.03 1133.05 1133.09 Purpose. Use Regulations. Lot Standards. Floor Area Requirements for Dwellings. 1133.11 1133.13 1133.15 1133.17 Height Regulations. Accessory Uses and Structures. Projections into Required Setbacks. 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 and allow for useable open space on each lot appropriate for the residential zoning district; To regulate the density and distribution of population consistent with the City of Chardon Comprehensive Plan and thereby avoid the overburdening of existing and proposed municipal facilities and public services; To foster a variety of residential living units while protecting the character of the City; To establish the proper placement of one and two family dwellings and their distance from multi-family, commercial and industrial uses and thereby increase the general convenience, safety and amenities within the community and to protect residents from nuisances; To permit adequate access for fire and other emergency vehicles and equipment by imposing minimum space requirements between buildings; To protect residential neighborhoods and promote the stability thereof; To promote the beneficial use of the land consistent with the objectives, recommendations and goals of the Comprehensive Plan; and, To implement the following objectives:

(b)

(c) (d)

(e)

(f) (g)

(h)

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City of Chardon Planning and Zoning Code (1) Preservation and protection of large open land areas in the RC/Rural Conservation District by limiting the uses thereof to passive recreational, agricultural, forestry and other similar uses; and to prevent and discourage within the District areas of concentrated residential uses which result in population growth or other uses which require public utilities and municipal services. (2)R-1, R-2, and R-3 Single-Family Residence Districts are created herein to allow low to medium density residential development and A. To prohibit business, commercial, industrial and other non-residential uses of the land which are not conducive to the uses in these Districts; B. To discourage land use which generates traffic other than to serve the residences on minor or local streets; and, C. To discourage land use which requires municipal utilities and public services protection which significantly exceed the requirements for residential use.

1133.03 (a)

USE REGULATIONS. Uses Permitted By Right . Uses listed in Schedule 1133.03 denoted by the letter P shall be permitted by right in the zoning district and are the principal uses in the district. Uses Permitted by Right with Supplementary Regulations . A use listed in Schedule 1133.03 denoted by a P* is permitted by right as a principal use in the zoning district, if the use complies with this Chapter and the requirements of Chapter 1145 (Conditional & Supplementary Use Regulations). The characteristics of a P* use require standards which are unique to each use and not common to the uses permitted by right in the zoning district. If the use does not comply with the requirements of Chapter 1145, the use may be considered as a Conditional Use pursuant to Chapter 1117 (Conditional Uses) and a Conditional Use Certificate is required. Conditional Uses. A use listed in Schedule 1133.03 denoted by the letter C shall be permitted as a conditional use in the zoning district when the Planning Commission makes the determination that the requirements of Chapter 1145, (Conditional Use and P* Use Regulations) have been satisfied

(b)

(c)

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City of Chardon Planning and Zoning Code according to the procedures (Conditional Use Certificates). (d) set forth in Chapter 1117

Accessory Uses. An accessory use shall be permitted subject to requirements of this Chapter and to the requirements listed below. (1)A fence, wall, landscape feature and other structure shall comply with Section 1133.13 (Accessory Use Regulations). (2)A home occupation shall comply with Chapter 1147, General Use 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
Rural Conservation

R-1
Single-Family Residence

R-2
Low Density Residence

R-3
Medium Density Residence

(1) Residential A. B. Single-family dwelling, detached Single-family dwelling, detached cluster Single-family dwelling, attached Two-family dwelling Family day care home (Type B) F. Family day care home (Type A) C P P P P

P*
P* P

C.
D. E.

P C

P C

P C

P C

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City of Chardon Planning and Zoning Code

Schedule 1133.03 Permitted Uses

RC
Rural Conservation

R-1
Single-Family Residence

R-2
Low Density Residence

R-3
Medium Density Residence

(2) Group Residential A. B. C. Adult care facility for 3-5 persons (Adult family home) Adult care facility for 6-16 persons (Adult group home) Residential facility for 5 or fewer persons (Foster family home) Residential facility for 6-8 persons (Family home) Residential facility for 9-16 persons (Group home)

P C P P C

P C P P C

P C P P C

P C P P C

D. E.

(3) Community Facilities/Institutions A. B. C. D. E. F. G. H. Cemetery Church/religious assembly Community center Congregate care facility/nursing home Library Public safety facility Utility substation/ distribution facility, indoor Utility substation/ distribution facility, outdoor P* C C C P* C C C C P* P* P* P* P* P* C P* C C C P* P* C P* C C C

(4) Lodging A. B. C. Boarding House Rooming House Bed & Breakfast Establishment d NA NA NA d C C NA

(5) Educational Facilities A. B. Day care center, adult or child School (public/private), elementary/secondary P* P* P* C P*

(6) Recreation/Open Space

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Schedule 1133.03 Permitted Uses

RC
Rural Conservation

R-1
Single-Family Residence

R-2
Low Density Residence

R-3
Medium Density Residence

A. B.

Community Recreation Facility Park/playground

P*
P*

P*
P*

P*

P*

(7) Other A. B. C. Agriculture/Forestry Planned Residential District Telecommunication facility

In conformance with Chapter 1137, Planned Residential District See Chapter 1143

(8)

Accessory Uses (a) A. B. Detached accessory building, including garage Fence, wall Home occupation
(b)

A A A A A A A

A A A A A A A

A A A A A A A

A A A A A A A

C.
D.

Other accessory structure See 1133.13

E.

Private swimming pool Sign(c) Swim/tennis club Day Care (adult or child) accessory to church or school (see 1145.13(i)(5) (D))

F.
G. H.

Notes to Schedule 1133.03:

(a) (b)

See Section 1133.13 (Accessory Use and Structures). See 1147.29 Home Occupation Regulations. See Chapter 1129, Sign Regulations.

(c)

(d) Bed & Breakfast See 1143.20 P = Use permitted by right; P* = Use permitted by right with supplementary regulations; C = Conditional use; A = Accessory use; Blank cell = Use not permitted in district

1133.05 (a)

LOT STANDARDS.

A building or structure shall be located on a lot so that no portion thereof encroaches upon or is within the minimum front, side or rear setbacks required in Schedule 1133.05. RC, R-1, R-2, and R-3 Residence District Regulations 5

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City of Chardon Planning and Zoning Code (b) Front Setback on a Through Lot . On a through lot, the minimum front setback of Schedule 1133.05 shall be provided on each street frontage. Side Setbacks. An interior lot and a through lot shall have two side yards. See Schedule 1133.05 for the minimum width of one side setback and the minimum total width of both side setbacks. Parking Setback. The setback of off-street parking areas shall not be less than the distances set forth in Schedule 1133.05. Maximum Coverage . The maximum coverage of the lot, for all areas covered by buildings, shall not exceed the percentages set forth in Schedule 1133.05. Maximum Structure Height . All buildings and structures shall comply with the maximum height regulations set forth below in Schedule 1133.05. Side Setbacks for Corner Lots . The following setback requirements apply to a corner lot. See Figure 1 below. Corner Side Setback. A new building or building addition on a corner lot shall comply with the following corner side setback requirements: (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 Schedule 1133.05. (f.2) The corner side setback which rear lot line coincides with the side lot line of an interior lot shall comply with the requirements 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 Schedule 1133.05.

(c)

(d) (e)

(f)

(g) (h)

()i

Schedule 1133.05 Residence District Lot Standards

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Schedule 1133.05 RC, R1 ,R2 and R3 Lot Standards

RC
Rural Conservation

R-1
Single-Family Residence

R-2
Low Density Residence

R-3
Medium Density Residence

2 acres (1) Minimum lot area (2) Minimum width at building setback line(a) (3) Minimum width of rear property line. (4) Maximum lot coverage (5) Building Setback (from right-of-way) (6) Building setback on non-dedicated street (from the centerline). (7) Side Setback A. Minimum setback for one side B. Combined minimum setback for both sides (8) Rear Setback (9) Minimum building separation (10) Maximum height of principal building (11) Maximum height of accessory structures (12) Minimum parking setbacks for nonresidential uses Front yard 60 feet 50 feet 250 feet

25,000 square feet 110 feet

15,000 square feet 90 feet

12,800 square feet 80 feet 50 30% 40 feet

150 20% 60 feet

65 25% 50 feet

55 30% 50 feet

90 feet

80 feet

80 feet

70 feet

12 feet

12 feet

10 feet

100 feet 60 feet 100 feet 35 20

30 feet 40 feet 30 feet 35 20

25 feet 40 feet 25 feet 35 20

23 feet 35 feet 23 feet 35 20

50 feet

50 feet

40 feet

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Schedule 1133.05 RC, R1 ,R2 and R3 Lot Standards

RC
Rural Conservation

R-1
Single-Family Residence

R-2
Low Density Residence

R-3
Medium Density Residence

Side yard Rear yard building setback line.

50 feet 60 feet

12 feet 40 feet

12 feet 40 feet

10 feet 35 feet

a) On curved streets, the lot width shall be the arc length of the

b) See Chapter 1145 for lot standards for conditional and P* uses. c) See Chapter 1155 for exceptions to height standards.

Street
Front Setback

Corner Side Setback

Rear Lot Line

Corner Side Setback

Rear Lot Line

Vacant Lot
Side Lot Line

Corner Lot

Front Setback

Street

Interior Lot

Interior Lot

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

Front Setback

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City of Chardon Planning and Zoning Code

Schedule 1133.09 Minimum Floor Area Requirements for Dwellings

RC
Rural Conservation

R-1
Single-Family Residence

R-2
Low Density Residence

R-3
Medium Density Residence

Single-Family Dwelling One-story More than one-story Two-Family Dwelling One-story More than one-story 1,000 sq. ft. 1,200 sq. ft. 1,000 sq. ft. 1,350 sq. ft. 1,000 sq. ft. 1,250 sq. ft. 1,100 sq. ft. 1,350 sq. ft. 1,500 sq. ft. 1,800 sq. ft. 1,200 sq. ft. 1,650 sq. ft. 1,200 sq. ft. 1,500 sq. ft.

1133.11 HEIGHT REGULATIONS. A building and structure in a residential district shall comply with the following height regulations: (a) (b) (c) The height of a principal building and principal structure shall comply with Schedule 1133.05. The height of an accessory building or accessory structure shall comply with Schedule 1133.05. 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 existing or proposed principal building, structure or use, and shall comply with the following requirements. (a) Location Requirements for Accessory Uses. The location of a permitted accessory building, structure or use shall comply with Schedule 1133.13 (see "yard permitted").

()b Minimum Setbacks for Accessory Buildings and Uses. An accessory building including garage, carport or recreation facility, 9

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City of Chardon Planning and Zoning Code and an active recreation area such as a swimming pool or tennis court shall comply with the minimum setback identified in Schedule 1133.13. (c) Schedule 1133.13 Permitted Accessory Structures In Front, Side And Rear Yards:

Schedule 1133.13 Permitted Accessory Structures In Front, Side And Rear Yards
Use (1) Attached accessory buildings and structures (2) Detached accessory buildings, such as garages and storage sheds. (3) Driveways (4) Decks, patios Yard Permitted None Rear Front, corner side, side, rear Rear Front, corner side, side, rear Minimum Setback From Lot Line Front Side Rear
(a) (a) (a)

NP

3 ft.

6 ft.

NA

0 ft.

0 ft.

See also Section 1133.15 0 ft. 0 ft. 0 ft.

(5) Fences, walls(b)

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City of Chardon Planning and Zoning Code

Schedule 1133.13 Permitted Accessory Structures In Front, Side And Rear Yards
Use (6) Outdoor storage of licensed recreation vehicles/equipment. (7) Outdoor swimming pools (8) Off-street parking lot for more than 4 vehicles. Yard Permitted Rear Minimum Setback From Lot Line Front Side Rear See also Section 1133.13(f) 10 ft. and requirements in 1133.13 (d) 10 ft. 10 ft.

Rear Side , Rear

NP NP

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 setback distances. NA Not Applicable. NP Not Permitted

(d)

Additional Regulations for Parking Areas. Accessory off-street parking spaces shall be located on the same lot as the dwelling served and comply with the requirements of Chapter 1155. Private Swimming Pools. An outdoor private swimming pool shall be allowed only as an accessory to a permitted use in an RC or R District and shall comply with the following requirements. A portable swimming pool and an indoor private swimming pool shall not be subject to the requirements of this section. (1) The pool is intended and is to be used solely for the enjoyment of the owners, occupants, tenants and guests of the principal use of the property on which it is located. (2) The pool and any appurtenant structures or equipment adjacent thereto or improvement intended to be used in connection therewith shall not be located closer than ten (10') feet to any property line of the lot on which it is located.

(e)

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City of Chardon Planning and Zoning Code (3) The swimming pool, or the property on which it is located, shall be enclosed with a wall or fence to prevent access from the street or adjacent lots. The fence or wall shall be at least five (5) feet high with a gate and lock and maintained in good condition. (4) The swimming pool shall comply with the requirements for accessory structures in Section 1133.13. ()e Fences and Walls. Fences and walls may be erected as permitted accessory uses in the RC, R1, R2 and R3 Districts in compliance 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 the owner's property. The Zoning Administrator may approve a fence to be placed upon the property line when the fence connects to an existing fence on an abutting property and the abutting property owner has agreed in writing to the connection of the fences. ()B To maintain clear and unobstructed vision, an opaque fence shall not be permitted within ten feet, in any direction, of the following points: i. ii. iii. The intersection of a driveway and sidewalk or front property line if there is no sidewalk; The intersection of a driveway and public right-of way; 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 products with the appearance of the foregoing. Chain link fencing may be used only in the rear yard. When chain link fencing in a rear yard is adjacent to a street, such as on the street side of a corner lot, the fencing shall be screened from public view by an approved landscape screen. RC, R-1, R-2, and R-3 Residence District Regulations 12

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City of Chardon Planning and Zoning Code

()B Electrified, razor wire and barbed wire fencing in whole 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 and maintained in good condition. The owner of the property upon which the fence is located shall be responsible for maintaining both sides of the fence. If a fence is approved to be installed on the property line, the permit holder shall be responsible for maintaining both sides of the fence.

()f

Additional Regulations for Vehicles. (1) The repainting, rebuilding, overhauling or dismantling of a vehicle or the storage of tires, motor, body or other parts in a yard is prohibited. (2) Overnight parking and outdoor storage of commercial motor vehicles 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 and subject to the following conditions: A. Living quarters shall not be used nor business conducted while such RV is stored or parked. No permanent connection shall be made to any utilities. B. Recreational vehicles, camper trailers, small utility trailers and boats and boat trailers may be parked or stored outside an enclosed garage, other accessory building or on a driveway provided that no such vehicle shall overhang in the public rightof-way, or parked in the required front setback or on that part of the driveway located within the required front setback. A driveway or parking space shall not be constructed within the required front setback for the purpose of parking or storing of such vehicles.

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City of Chardon Planning and Zoning Code C. The recreational vehicle/equipment is intended and used for the sole benefit and enjoyment of the resident occupants or guests of the property on which it is stored or parked. D. If the recreational equipment is parked or stored outside, it shall be parked on an impervious surface, such as asphalt or concrete.

E. All recreational equipment shall be kept in good repair and currently registered with the Ohio Bureau of Motor Vehicles.

1133.15 (a)

PROJECTIONS INTO REQUIRED SETBACKS.

The space in any required setback shall remain open and unobstructed. An ordinary projection from a building such as a bay window, sill, belt course, cornice, eave, and similar architectural feature, shall project no more than two (2) feet into the setback. A structure such as a porch, balcony, platform, carport, patio, or other similar architectural structure shall be considered a part of the principal building to which it is attached and shall not project into the minimum required front, side, or rear setback.

(b)

1133.17 SUPPLEMENTARY REGULATIONS FOR ATTACHED AND CLUSTER DWELLINGS )a Single-family dwelling, attached. Townhouses are permitted in areas where they are or may be appropriate and compatible with existing dwelling units on or near adjacent 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 a conventional single-family detached dwellings. A single-family attached dwelling shall comply with the following requirements: )1 No more than six (6) single-family attached dwelling units shall be constructed in one building. )2 An applicant must demonstrate by clear and convincing evidence that the multi-family residential use will be compatible with the neighborhood, including but not limited to the traffic circulation, parking, and appearance of the development. )3 Lot Requirements. An attached single-family dwelling shall comply with Schedule 1133.05 (Lot Standards). Chapter 1133 RC, R-1, R-2, and R-3 Residence District Regulations 14

City of Chardon Planning and Zoning Code

)4 Setbacks from Public Rights-of-Way. Setbacks equal to the minimum requirements in Schedule 1133.05 shall be provided along the perimeter of an attached single-family housing development that fronts upon a street. )5 Side and Rear Setbacks. A setback equal to the minimum rear and side setbacks required by the Schedule in Section 1133.05 shall be provided along the perimeter of the attached single-family housing development that is not adjacent to any public street. )6 Building Spacing. The minimum building separation shall be a distance equal to the distance as required in the Schedule in Section 1133.05. )7 Maximum Height. The maximum height of an attached single-family dwelling shall comply with Schedule 1133.05. )8 The design, scale, and building materials shall be typical of a single-family residence. )9 The height, size, building materials, window shape and arrangement, and roof pitch of the proposed units shall be architecturally compatible with the surrounding dwellings within an established residential neighborhood. )10 The front setbacks for adjacent units shall not be the same and shall vary a minimum of 3 feet and a maximum of 8 feet. )11 The front facade of each attached single-family dwelling unit shall be constructed 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-family development shall be minimized and designed in such a way as to maximize safety, maximize efficient traffic circulation, and minimize the impact on any adjacent residential neighborhood. Parking spaces shall be located behind the front building setback line, provided an exception to this requirement may be granted due to depth of the lot, the location of mature trees, or other similar factors. )13 A subdivision plat shall be submitted with the development plan if the attached single-family dwelling units will be constructed on individual lots. Trash containers, recycling containers, and mechanical equipment shall comply with the screen requirements of Section 1159.13 (Screening of Accessory Uses). ()b Single-family Detached Cluster. The following requirements apply to a singlefamily dwelling, detached cluster:

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City of Chardon Planning and Zoning Code (b.1) Applicants must demonstrate by clear and convincing evidence that the proposed single-family detached cluster development will be compatible with the surrounding neighborhood and will not generate significant additional traffic congestion. Lot Requirements. A single-family detached cluster development shall comply with the lot regulations for multi-family dwellings in Section 1133.05 (Lot Standards). Maximum Height. The maximum height of single-family dwellings in detached cluster development shall comply with Schedule 1133.05 (Lot Standards) Setbacks from Public Rights-of-Way. The minimum for a public right-ofway setback in Schedule 1133.05 (Lot Standards), shall apply to the perimeter of a cluster housing development which is not adjacent to a public street. Side and Rear Setbacks. The minimum rear and side setbacks in Schedule 1133.05 shall apply to the perimeter of a cluster housing development which is not adjacent to a public street. Building Spacing. The minimum building separation requirement in Schedule 1133.05 shall apply to single-family detached cluster dwellings. Common Open Space. A minimum of twenty (20) percent of the gross site area shall be dedicated in the plat as common open space. The open space 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 not limited 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 be considered open space: (B.i) Public or private streets;

(b.2)

(b.3)

(b.4)

(b.5)

(b.6) (b.7)

(B.ii) Parking areas, access drives, common drives and driveways, except as permitted by the Planning Commission to provide access to the open space; (B.iii) Required setbacks from lot boundaries and streets for buildings and parking areas;

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City of Chardon Planning and Zoning Code (B.iv) Required spacing between buildings and between buildings and parking areas; and,

(B.v) The private yards within a sublot. (b.8) Ownership Arrangement. Single-family detached cluster dwellings shall be developed under the requirements for Planned Residential Development with the recording of a plat and fee simple ownership of lots or as a condominium dwelling units complies with the setback and spacing requirement mandated by this Section. Common Land. Land not designated for individual ownership shall be dedicated as common land. Legal instruments shall grant ownership and require perpetual maintenance of the common land by the developer, homeowners association or other entity or organization approved by the City prior to [final] approval of the cluster development.

(b.9)

(b.10) Maintenance of Common Land and Open Space. If the homeowners association or other organization which is created to own and maintain the common open space or and common land, or any successor thereto fails to comply with any obligation or responsibility imposed as a condition of approval of the development, the City shall serve written notice upon the homeowners association, organization or the owner of each cluster housing dwelling describe violations and failure to comply with its obligation. The notice shall demand that the violation be cured within 30 days of receipt of the notice. If the violations are not remedied within the specified time, the City, in order to preserve the taxable values of the dwelling and to prevent the common open space or common land from becoming a public nuisance, may with the owners consent or pursuant to an order from a court of competent jurisdiction enter upon the common open space and common land and, maintain the same until the agency shall again resume its obligations. All costs incurred by the City shall be charged against the owners and assessed against the properties and become a lien on the properties. (b.11) Phasing of Common Open Space. The common open space shall be dedicated to private use when the plat for each phase of the development. The common open space dedicated in each phase shall be proportionate to the total common space for the development. (b.12) Clustering. The dwelling units may be clustered rather than placed uniformly throughout the development site in order to provide common open space and to promote creative and innovative residential site planning. No minimum lot size is required for a cluster dwelling unit. The building separation required in Schedule 1133.05 (Lot Standards) shall apply thereto.

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