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Zoning Resolution Article 15




15.0    Statement of Purpose


The R-3 district is designed to provide for a multiple housing environment with townhouses and garden apartments constituting the principal type dwelling accommodations.  The district should be adequately supported with necessary public utilities.


15.1    Principal Permitted Uses


In the R-3 district, no person shall hereafter use any building or structure except in accordance with the following provisions:


1.      Multiple-family dwelling units, including apartments, townhouses and rowhouses.


2.      Hospitals, provided the following conditions are met:


         a.   All such hospitals shall be developed only on sites consisting of at least ten (10) acres in area.

         b.   The proposed site shall have at least one property line abutting a regional, major or secondary thoroughfare as shown in the Erie County Comprehensive Development Plan.  All ingress and egress to the off-street parking area for guests, employees, staff, as well as any other uses of the facilities, shall be directly from a said thoroughfare.

         c.   In the event one or more boundaries of the proposed site lies opposite or contiguous to R-1 residential district, the minimum distance between any hospital structure or accessory use in the residential district boundary shall be at least one hundred (100) feet for buildings containing two stories or less.  For buildings above two stories, the building shall be set back from the initial one hundred (100) foot setback an additional one (1) foot for each foot of additional height above two stories.

         d.   The minimum distance from any street right-of-way line shall not be less than forty (40) feet.

         e.   The minimum distance from any non-residential interior lot line shall not be less than twenty-five (25) feet.

         f.    Ambulance and delivery areas shall be obscured from all residential view with a wall  at least six (6) feet in height and said wall shall be further subject to the requirements of Chapter 19, “General Provision.


      3.      Housing for the elderly shall be on a site of more than five (5) acres in area and may provide for the following:


               a.   Cottage type dwellings and/or apartment type dwelling units.

               b.   Common services containing, but not limited to, central dining rooms, recreational rooms, central lounge and workshops.

               c.   All dwellings shall  consist of at least three hundred and fifty (350) square feet per unit (not including kitchen and sanitary facilities).

               d.   Total coverage of all buildings (including dwelling units and related service buildings) shall not exceed thirty-five (35) percent of the total site exclusive of any dedicated public right-of-way.


      4.      Convalescent and/or nursing home, not to exceed a height of two stories, when the following conditions are met:


               a.   The site shall be so developed as to create a land to building ratio on the lot or parcel whereby for each one bed in the convalescent home, there shall be provided not less than fifteen hundred (1,500) square feet of open space.  The fifteen hundred (1,500) square feet of land per bed shall provide for landscaping, off-street parking, service drives, loading space, yard requirements and space required for accessory uses.

               b.   No building shall be closer than forty (40) feet from any property line.


      5.      Boarding house (rooming house), when the following conditions are met:


               a.   No more than one person shall occupy each sleeping room of not less than one hundred (100) square feet.

               b.   Fire escapes shall be provided as approved by the Zoning Board of Appeals.

               c.   Fire exit instructions shall be posted in each sleeping room.

               d.   All applicable provisions of the fire code shall be met and certification of such compliance by the appropriate fire department official shall accompany the application.


      6.      Accessory structures and uses customarily incidental to any of the above uses.


15.2    Conditionally Permitted Uses


            The following uses may be permitted by the Vermilion Township Board of

            Zoning Appeals pursuant to Article 9:


            1.Group Residential Facilities: Class I Type A and B

                                                         Class II Type A and B


              It is the purpose of this Section to regulate the location, operation and

              maintenance of group residential facilities, in order to promote the public health,

              safety and welfare. It is the intent of this Section to provide for the assimilation

              of these facilities in stable and suitable neighborhoods so that the living

              environments of their residents are conducive to their rehabilitation. Such group

              residential facilities shall comply with the following conditional use criteria:


              1.  Evidence is presented that the proposed facility meets the certification,

              licensing or approval requirements of the appropriate state agency.


              2.  Evidence is presented that the proposed facility meets local fire safety

              requirements for the proposed use and level of occupancy.


              3.  Evidence is presented that the proposed facility will not generate an unreason-

              able increase in traffic volume or required special off-street parking.


              4.  Such facilities shall comply with the district regulations applicable to other

              properties in the district in which they are located.


              5.  No such facility may be located within six hundred (600) feet of another such



              6.  No signs shall be erected by such facility for purposes of identification except

              a permitted street address sign.


              7.  The exterior of all such facilities shall not be altered in character, but shall be

              compatible with other residential dwellings. However, any improvement required

              by code or necessitated by licensing requirements shall not be deemed



             8.  Such facility shall be reasonable accessible, by virtue of its location or

             transportation provided by the applicant , to medical, recreational and retail

             services required by its residents and to employment opportunities, if applicable,

             and shall be in a relatively safe and stable neighborhood.


             9.  The applicant shall provide a plan indicating the manner in which the facility

              will maintain contact with neighboring residents, to include a structured

              procedure whereby their grievances may be filed and resolved.


             10. The applicant shall prove documentation indicating the need for the facility

              the specific clientele it will serve and the location and type of similar facilities

              operated by the applicant.


15.3    Site and Landscape Plan Review


For all uses permitted in the R-3 district, a site plan shall be submitted in accordance with the provisions of Article 22, Section 22.19.


15.4   Yard Requirements for Multi-Family Dwellings


           Multi-family dwellings shall be considered as one (1) building for the purposes of

           determining front, side and rear yard requirements. The entire group as a unit shall

           require one (1) front, one (1) rear and two (2) side yards as specified for dwellings

           in the appropriate district. Each individual building shall meet all yard requirements

           for the appropriate district as though it were on  an individual lot.


15.5    Screening


            Screening or buffering in compliance with the provisions of Article 22, Section 22.18


15.6    Lot, Yard and Area and Building Requirements


            Minimum Lot Area:  1½ acres

            Minimum Lot Frontage:  200 feet

            Minimum Front Yard Setback:  50 feet

            Minimum Side Yard:  15 feet

            Minimum Rear Yard:  50 feet

            Maximum Net Density:  6 units/acre

            Maximum Height:  40 feet


15.7    Required Parking


           As specified in Article 24.


15.8    Signs


           As specified in Article 25.


Supplementary District Regulations


           As specified in Article 22.


 Special Regulations


           As specified in Article 23.


15.11  Accessory Structures


 1. Except as otherwise provided herein, no accessory building or structure, or use shall be erected or carried on in the front yard.

 2. A detached private garage or other accessory structure may be erected and used in the interior side or rear yard provided that:

     a. When such accessory structure is located in the rear yard a minimum side and rear yard of ten (10) feet shall be maintained.

     b.  In no case shall an accessory structure be located closer than twenty (20) feet to any street line.

 3. An accessory structure shall be a minimum distance of ten (10) feet from any main building.

 4. No accessory structure shall be used for commercial or industrial purposes.

 5.  Private swimming pools, refer to Section 23.5.

6. No accessory structure shall be used for human habitation.



15.12  Development Standards for Multi-Family Dwellings



            The special provisions set forth herein are intended to provide design criteria for multi-family dwellings.  It is the express purpose of these provisions to establish design criteria and to provide for implementation of these provisions by Zoning Commission review of the site plan.


            Design Criteria, General

            It is the intent that multi-family dwellings, where they are permitted, shall constitute groupings making efficient economical, comfortable and convenient use of land and open space and serving the public purposes of zoning by means alternative to conventional arrangements or yards and buildable area.


            Design Criteria, Detailed

            a)      Each dwelling unit should be provided with reasonable visual and acoustical privacy.  Fences, walks and landscaping shall be provided for the protection and aesthetic enhancement of the development and privacy of the occupants, screening of objectionable views or uses and the reduction of noise.


            b)      Walks should be provided for convenient and safe access to all living units from streets, driveways, parking courts or garages and for convenient circulation and access to all facilities.


            c)      The appearance and character of the site shall be preserved and enhanced by retaining and protecting existing trees and other site features and additional new plant material shall be added for privacy, shade, beauty of buildings and grounds and to screen out objectionable features.  The planting plan shall be submitted with the site development plan.


            d)      Existing trees, shrubs, evergreens and ground cover shall be detailed to the extent that they enhance the project, are effective as a screen planting or are useful in protecting slopes.


            e)      Adequate recreation facilities for the residents of the project should be provided in locations easily accessible to the living units and where they do not impair the view and privacy of living units.


            f)       Attractive outdoor sitting areas should be provided, appropriate in size, type and number to the needs of the residents.


            g)      Well equipped playgrounds of adequate size and number shall be provided, where it is anticipated that children will occupy the premises.


            h)      All public streets located within any multi-family development shall meet the construction specifications set forth in the Subdivision Regulations.


            i)       The Zoning Board of Appeals shall act to insure that any private drives, parking areas or other vehicular ways used for common access for two or more residents will be suitable paved and maintained as a condition of approval of the project.


            j)       All dwelling units shall be so positioned as to assure the availability of adequate fire protection.  The fire department shall adjudge the adequacy of protection.


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