CODIFIED ORDINANCES OF BELLAIRE – PART ELEVEN

PART ELEVEN – PLANNING AND ZONING CODE

Chap. 1101. General Provisions.
Chap. 1105. Districts and Boundaries Generally.
Chap. 1109. Effects of Districting and General Regulations.
Chap. 1113. Nonconforming Uses or Buildings.
Chap. 1117. R-1 One-Family Residence District.
Chap. 1121. R-2 One and Two-Family Residence District.
Chap. 1129. B-1 Neighborhood Business District.
Chap. 1133. B-2 Downtown Business District.
Chap. 1137. B-3 General Business District.
Chap. 1141. M Manufacturing District.
Chap. 1145. Off-Street Parking and Loading Regulations.
Chap. 1149. Trailers and Trailer Parks, Motels and Motor Hotels.
Chap. 1153. Billboards and Outdoor Advertising.
Chap. 1157. Service Stations and Garages.
Chap. 1161. Integrated Planned Development Projects (Residential and Commercial).
Chap. 1165. Performance Standards.
Chap. 1169. Extraction of Minerals.
Chap. 1173. Lots of Record.
Chap. 1177. Height and Yard Modifications.
Chap. 1181. Yard Projections.
Chap. 1185. Lot Area Requirements.
Chap. 1189. Administration, Enforcement and Penalty.
Chap. 1193. Board of Zoning Appeals.
Chap. 1197. District Changes and Regulation Amendments.

CHAPTER 1101
General Provisions

1101.01 Title.
1101.02 Purpose.
1101.03 Interpretation; conflict of laws.
1101.04 Definitions.
1101.05 Severability.

CROSS REFERENCES

Effects of districting and general regulations – see P. & Z. Ch. 1109
Administration, enforcement and penalty – see P. & Z. Ch. 1189
Housing Code – see BLDG. Ch. 1361

1101.01 TITLE.

This Part Eleven – Planning and Zoning Code shall be known and may be cited and referred to as the “Municipality of Bellaire, Ohio, Zoning Code” or just the “Zoning Code”.
(Ord. 196. Passed 11-21-63.)

1101.02 PURPOSE.

This Zoning Code is enacted for the purpose of promoting the public health, safety, morals and general welfare; to conserve and protect property and property values; to secure the most appropriate use of land, and to facilitate adequate and economical provisions for public improvements in accordance with a comprehensive plan for the desirable future development of the Municipality; and to provide for administration and prescribe penalties for violation of provisions thereof.
(Ord. 196. Passed 11-21-63.)

1101.03 INTERPRETATION; CONFLICT OF LAWS.

In their interpretation and application, the provisions of this Zoning Code shall be held to be minimum requirements. Wherever this Zoning Code imposes a greater restriction than is imposed or required by other provisions of law or by other rules or regulations or ordinances, the provisions of this Zoning Code shall govern.
(Ord. 196. Passed 11-21-63.)

1101.04 DEFINITIONS.

Unless the context otherwise requires, the following definitions shall be used in the interpretation and construction of this Zoning Code. Words used in the present tense include the future, the singular includes the plural, and the plural the singular. The word “building” includes the word “structure”; the word “used” includes arranged, designed, constructed, altered, converted, rented, leased or intended to be used; and the word “shall ” is mandatory and not directory.

(1) “Accessory use or structure” means a use or structure subordinate to the principal use of a building or to the principal use of land, and which is located on the same lot and serves a purpose customarily incidental to the use of the principal building or land.

(2) “Agriculture” means the use of land for agricultural purposes, including farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture and animal and poultry husbandry and the necessary accessory uses for packing, treating or storing the produce. However, the operation of any such accessory uses are secondary to that of normal agricultural activities and the above uses do not include the commercial feeding of garbage or offal to swine or other animals.

(3) “Alley or lane” means a public or private way not more than thirty feet wide affording only secondary means of access to abutting property.

(4) “Apartment, efficiency” means a dwelling unit in a multi-family building, consisting of not more than one habitable room, together with kitchen or kitchenette and sanitary facilities.

(5) “Apartment hotel” means an apartment house which furnishes services for the use of its tenants which are ordinarily furnished by hotels.

(6) “Apartment house” – see “Dwelling, multi-family”.

(7) “Automobile repair, major” means the general repair, rebuilding or reconditioning of engines, motor vehicles or trailers; collision services including body, frame or fender straightening or repair; overall painting or paint shops; and vehicle steam cleaning.

(8) “Automobile repair, minor” means incidental body or fender work, other minor repairs, painting and upholstering, replacement of parts and motor service to passenger cars and trucks not exceeding one and one-half tons capacity, but not including any operation named under “automobile repair, major”, or any other such repairs similar thereto.

(9) “Automobile or trailer sales area” means an open area, other than a street, used for the display, sale or rental of new or used motor vehicles or trailers in an operable condition and where no repair work is done.

(10) “Automobile service station or filling station” means a building or portion thereof or premises used for dispensing or offering for sale at retail, gasoline, when stored only in underground tanks, kerosene, lubricating oil or grease for the operation of motor vehicles, and where tires, batteries and similar automotive accessories may be offered for sale on the premises at retail; and includes tuning motors, minor wheel and brake adjustment and other minor services and installations customarily incidental thereto.

(11) “Automobile wash or automatic car wash” means a building or structure where chain conveyors, blowers, steam cleaners and other mechanical devices are employed for the purpose of washing motor vehicles.

(12) “Automobile wrecking” means the dismantling or disassembling of used motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.

(13) “Basement” means a story whose floor is more than twelve inches but not more than half of its story height below the average level of the adjoining ground (as distinguished from a “cellar” which is a story more than one-half below such level). A basement, when used as a dwelling, is counted as a story for purposes of height measurement, and as a half-story for purposes of side yard determination.

(14) “Billboard or signboard” means any structure or portion thereof, situated on private premises, on which lettered, figured or pictorial matter is displayed for advertising purposes, other than the name and occupation of the user of the premises or the nature of the business conducted thereon or the products primarily sold or manufactured thereon, or any such structure or portion thereof, the area of which, devoted to advertising purposes, exceeds 100 square feet. This definition does not include any board, sign or surface used to display any official notices issued by any court or public office, or posted by a public officer in the performance of a public duty, or bulletin boards used to display announcements of meetings to be held on premises wherein such bulletin boards are located, nor does it include a real estate sign advertising for sale or rent the property upon which it stands.

(15) “Board” means the Board of Zoning Appeals of the Municipality.

(16) “Boarding or lodging house” means a dwelling or part thereof occupied by a single housekeeping unit where meals and lodging are provided for three or more persons for compensation by previous arrangement, but not for transients.

(17) “Building” means any structure having a roof supported by columns or walls, used or intended to be used for the shelter or enclosure of persons, animals or property. When such a structure is divided into separate parts by one or more unpierced walls extending from the ground up, each part is deemed a separate building, except as regards minimum side yard requirements as hereinafter provided.

(18) “Building, height” means the vertical distance from the average contact ground level at the front wall of the building to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the mean height level between the eaves and the ridge for gable, hip or gambrel roofs.

(19) “Cellar” means a story, the floor of which is more than one-half of its story height below the average contact ground level at the exterior walls of the building. A cellar is not included as a story in measuring building height.

(20) “Cemetery” means land used or intended to be used for the burial of the human dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums and mortuaries if operated in connection with, and within the boundaries of, such cemetery.

(21) “Clinic” means a place used for the care, diagnosis and treatment of sick, ailing, infirm and injured persons and those who are in need of medical or surgical attention but who are not provided with board or room nor kept overnight on the premises.

(22) “Club” means a nonprofit association of persons who are bona fide members, paying regular dues and are organized for some common purpose, but does not include a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.

(23) “Commission” means the Planning Commission of the Municipality.

(24) “Council” means the Council of the Municipality of Bellaire, Ohio.

(25) “Court” means an open, unoccupied and unobstructed space, other than a yard, on the same lot with a building or group of buildings.

(26) “District” means a portion of the territory of the Village within which certain uniform regulations and requirements or various combinations thereof, apply under the provisions of this Zoning Code. The term “R-District” means any R-1, R-2 or R-3 District; the term “B-District” means any B-1, B-2 or B-3 District; and the term “M-District” means any M-District.

(27) “Dwelling” means any building or portion thereof occupied or intended for occupancy exclusively as the residence or sleeping place of one or more persons, but does not include a tent, cabin, trailer or trailer coach, boarding or rooming house, hotel or motel.

(28) “Dwelling, single-family” means a building occupied or intended for occupancy exclusively for residential purposes by one family or housekeeping unit.

(29) “Dwelling, two-family” means a building with separate housekeeping units occupied or intended for occupancy by two families living independently of each other.

(30) “Dwelling, multi-family” means a building or portion thereof with separate housekeeping units occupied or intended for occupancy by three or more families living independently of each other.

(31) “Dwelling unit” means one or more rooms occupied or intended for occupancy by one family for living and sleeping purposes and having only one kitchen or kitchenette.

(32) “Dwelling group” means a group of two or more one-family, two-family or multiple dwellings located on a parcel of land under one ownership and having any yard or court in common.

(33) “Essential services” means the erection, construction, alteration or maintenance, by public utilities, municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, and includes poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith reasonably necessary for the furnishing of adequate service by such public utilities, municipal or other governmental agencies or for the public health, safety or general welfare, but does not include buildings.

(34) “Family” means one or more individuals related by blood, marriage or adoption, or not more than five individuals who are not so related, living together as a single housekeeping unit in a dwelling and maintaining and using the same and certain other housekeeping facilities in common, and having such meals as they may eat at home prepared and eaten together.

(35) “Frontage” means that boundary of a lot which is along an existing or dedicated public street, or, where no public street exists, is along a public way. Where a lot abuts more than one street, the Board shall determine the frontage for the purposes of this Zoning Code.

(36) “Garage, private” means a detached accessory building or a portion of the principal building used or intended for use by the occupants of the premises for the storage of self-propelled passenger vehicles or trailers.

(37) “Garage, public” means a structure or portion thereof, other than a private garage, used for the storage, sale, hire, care, repair or refinishing of self-propelled vehicles or trailers.

(38) “Home occupation” means any occupation which is customarily incidental to the principal use of the premises as a residence and is conducted by the resident occupant.

(39) “Hospital” means a building or portion thereof used for the accommodation of sick, injured or infirm persons, including sanitaria and sanatoria.

(40) “Hotel” means any building or portion thereof used as a temporary abiding place for remuneration, with or without meals, containing fifteen or more guest rooms or suites where no provision for cooking is made in any individual guest room or suite. This definition does not include hospitals and jails.

(41) “Industry” means the storage, repair, manufacture, preparation or treatment of any article, substance or commodity for commercial use.

(42) “Junk or salvage yard” means a place where waste, discarded or salvaged materials are bought, sold, exchanged, baled, packed, disassembled or handled, including auto wrecking yards, house wrecking yards, used lumber yards and places or yards for storage of salvaged house wrecking and structural steel materials and equipment, but does not include such places where such uses are conducted entirely within a completely enclosed building, and does not include pawn shops and establishments for the sale, purchase or storage of used furniture and household equipment, used cars in operable condition or salvaged materials incidental to manufacturing operations.

(43) “Kennel” means any structure or premises on which five or more dogs over four months of age are kept.

(44) “Kitchen” means any room in a building or dwelling unit which is used for cooking or the preparation of food.

(45) “Land use plan” means the long-range plan for the desirable use of land in the Municipality as officially adopted and amended from time to time by the Planning Commission. The purpose of such plan is, among other things, to serve as a guide in the zoning and progressive changes in the zoning of land to meet the changing needs, in the subdividing and use of undeveloped land, and in the acquisition of rights of way or sites for public purposes such as streets, parks, schools and public buildings.

(46) “Loading space” means an off-street space or berth on the same lot with a building or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley or other appropriate means of access.

(47) “Lot” means a piece or parcel of land occupied or intended to be occupied by a principal building or a group of such buildings and accessory buildings, or utilized for a principal use and uses accessory thereto, having frontage on a public street.

(48) “Lot, corner” means a lot abutting upon two or more streets at their intersection or upon two parts of the same street, such streets or parts of the same street forming an interior angle of less than 135 degrees. The point of intersection of the street lines is the “corner”.

(49) “Lot, interior” means a lot other than a corner lot.

(50) “Lot, depth” means the mean horizontal distance between the front and the rear lot lines.

(51) “Lot lines” means the property lines bounding the lot.

(52) “Lot line, front” means the line separating the lot from the street on which it fronts.

(53) “Lot line, rear” means the lot line opposite and most distant from the front lot line.

(54) “Lot line, side” means any lot line other than a front or rear lot line. A side lot line separating a lot from a street is called a “side street lot line”. A side lot line separating a lot from another lot or lots is called an “interior side lot line”.

(55) “Lot line, street or alley” means a lot line separating the lot from a street or alley.

(56) “Lot width” means the mean width of the lot measured at right angles to its depth.

(57) “Lot area” means the computed area contained within the lot lines.

(58) “Lot, through” means a lot having frontage on two parallel or approximately parallel streets.

(59) “Lot of record” means a lot which is part of a subdivision, the map of which has been recorded in the office of the County Recorder or a parcel of land the deed of which was on record as of the effective date of this Zoning Code.

(60) “Mineral” means any chemical compound occurring naturally as a product of inorganic process.

(61) “Motel or motor hotel” means a series of attached, semi-attached or detached sleeping or living units, for the accommodation of automobile transient guests not including individual cooking or kitchen facilities, and having convenient access to off-street parking spaces for the exclusive use of the guests or occupants.

(62) “Municipality” means the incorporated Municipality of Bellaire, Belmont County, State of Ohio.

(63) “Nonconforming use” means a building, structure or premises legally existing and/or used at the time of adoption of this Zoning Code, or any amendment thereto, and which does not conform with the use regulations of the district in which located. Any such building, structure or premises conforming in respect to use but not in respect to height, area, yards or courts, or distance requirements from more restricted districts or uses, is not considered a nonconforming use.

(64) “Parking area, private” means an open area for the same uses as a private garage.

(65) “Parking area, public” means an open area, other than a street or other public way, used for the parking of automobiles and available to the public whether for a fee, free or as an accommodation for clients or customers.

(66) “Parking space” means a permanently surfaced area of not less than 160 square feet, either within a structure or in the open, exclusive of driveways or access drives, for the parking of a motor vehicle.

(67) “Roadside stand” means a temporary structure designed or used for the display or sale of agricultural products produced on the premises upon which such a stand is located.

(68) “School, elementary and high” means an institution of learning which offers instructions in the several branches of learning and study required to be taught in the public schools by the applicable statutes of the State. High schools include junior and senior grades.

(69) “Sign, area of” means the total exterior surface computed in square feet of a sign having but one exposed exterior surface; one-half the total of the exposed exterior surface computed in square feet of a sign having more than one such surface.

(70) “Shopping center” means a commercial development constructed in accordance with Chapter 1161.

(71) “Shopping center, neighborhood” means a shopping center the principal establishment of which is customarily a supermarket type grocery store or a drugstore.

(72) “Stable, commercial” means a stable for horses, mules or ponies which are let, hired, used or boarded on a commercial basis and for compensation.

(73) “Stable, private” means an accessory building for the keeping of horses, mules or ponies owned by the occupant of the premises and not kept for remuneration, hire or sale.

(74) “Standard, performance” means a criterion established in the interest of protecting the public health and safety for the control of noise, odor, smoke, noxious gases and other objectionable or dangerous elements generated by and inherent in or incidental to land uses.

(75) “Story” means that portion of a building, included between the surface of any floor and the surface of the next floor above it, or, if there is no floor above it, then the space between the floor and the ceiling above it.

(76) “Story, half” means a partial story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than four feet above the floor of such story. However, any partial story used for residence purposes is considered a full story.

(77) “Story, first” means the lowest story or the ground story of any building, the floor of which is not more than twelve inches below the average contact ground level at the exterior walls of the building; except that any basement or cellar used for residence purposes is considered to be the first story. A basement or cellar used purely for recreational purposes is not considered to be the first story.

(78) “Story, mezzanine” means a story which covers one-third or less of the area of the story directly underneath it. A mezzanine is considered to be a full story if it covers more than one-third of the area of the story directly under such mezzanine.

(79) “Street” means a public right of way fifty feet or more in width which provides a public means of access to abutting property, or any such right of way more than thirty feet and less than fifty feet in width provided it existed prior to the enactment of this Zoning Code. The term street includes avenue, drive, circle, road, parkway, boulevard, highway, thoroughfare or any other similar term.

(80) “Structure” means anything constructed, the use of which requires permanent location on the ground, or attachment to something having a permanent location on the ground.

(81) “Structural alteration” means any change in the structural members of a building, such as walls, columns, beams or girders.

(82) “Tourist home” means a building or part thereof, other than a hotel, boarding house, lodging house or motel, where lodging is provided by a resident family in its home for compensation; and mainly for transients.

(83) “Trailer or mobile home”, including “automobile trailer”, “trailer coach”, “house trailer” or “mobile home”, means any vehicle or structure constructed in such a manner as to permit occupancy thereof as sleeping quarters; or the conduct of any business, trade or occupation, or use as a selling or advertising device, or use for storage or conveyance for goods, equipment or machinery, and so designed that it is or may be mounted on wheels and used as a conveyance on highways and streets, propelled or drawn by its own or other motor power.

(84) “Trailer or mobile home park or camp” means any lot or part thereof, or any parcel of land which is used or offered as a location for two or more trailers used for any purposes set forth in subsection (83) hereof.

(85) “Thoroughfare, primary or secondary” means an officially designated Federal or State numbered highway or County or other road or street designated as a primary thoroughfare on the official Thoroughfare Plan of the Municipality, or a County or other road or street designated as a secondary thoroughfare on the Plan, respectively.

(86) “Thoroughfare Plan” means the official Thoroughfare Plan of, and as adopted by, the Planning Commission, establishing the location and official right-of-way width of principal highways and streets in the Municipality, on file in the office of the Clerk- Treasurer and the Planning Commission, dated October 15, 1963, together with all amendments thereto subsequently adopted.

(87) “Use” means the purpose for which land or a building or structure is arranged, designed or intended, or for which either land or a building or structure is, or may be, occupied or maintained.

(88) “Use, first permitted in “X” District” means a use which, in the sequence of successively less restricted districts, occurs as a permitted use for the first time in the “X” District.

(89) “Yard” means an open space on a lot, other than a court, which is unoccupied and unobstructed from the ground upward except as otherwise provided in this Zoning Code.

(90) “Yard, front” means a yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and a line parallel thereto on the lot.

(91) “Yard, front; how measured”. Such depth is measured from the right-of-way line of the existing street on which the lot fronts (the front lot line). However, if the proposed location of the right-of-way line of such street as established on the Thoroughfare Plan or on the Official Map differs from that of the existing street, then the required front yard’s least depth shall be measured from the right-of-way line of such street as designated on the Thoroughfare Plan or Official Map.

(92) “Yard, rear” means a yard extending acrosss the full width of the lot, the depth of which is the minimum distance between the rear lot line and a line parallel thereto on the lot.

(93) “Yard, side” means a yard extending the full depth of the lot, the width of which is the minimum horizontal distance between the side lot line and a line parallel thereto on the lot.

(94) “Side yard, least width; how measured”. Such width is measured from the nearest side lot line and, in case the nearest side lot line is a side street lot line, from the right-of-way line of the existing street. However, if the proposed location of the right-of-way line of such street as established on the Thoroughfare Plan or on the Official Map differs from that of the existing street, then the required side yard’s least width shall be measured from the right-of-way of such street as designated on the Thoroughfare Plan or the Official Map.

(95) “Zoning Inspector” means the Zoning or Building Inspector or his authorized representative, appointed as such by the Mayor of the Municipality.

(96) “Zoning Map” means the Zoning Map or Maps of the Municipality, dated October 15, 1963, together with all amendments subsequently adopted.

(97) “Zoning certificate” means a document issued by the Zoning or Building Inspector authorizing buildings, structures or uses consistent with the terms of this Zoning Code and for the purpose of carrying out and enforcing its provisions.

(98) “Zoning Code” means Ordinance 196, passed November 21, 1963, codified herein as Part Eleven – Planning and Zoning Code.
(Ord. 196. Passed 11-21-63.)

1101.05 SEVERABILITY.

This Zoning Code and the various chapters, sections and subsections thereof are hereby declared to be severable. If any chapter, section, subsection, paragraph, sentence or phrase of this Zoning Code is adjudged unconstitutional or invalid by any court of competent jurisdiction, the remainder of this Zoning Code shall not be affected thereby.
(Ord. 196. Passed 11-21-63.)

CHAPTER 1105
Districts and Boundaries Generally

1105.01 Division into seven.
1105.02 Established.
1105.03 Designation of district boundaries.
1105.04 Lot divided; extension of district.
1105.05 Determination of uncertain boundaries.
1105.06 Vacated street or alley.
1105.07 Annexations.

CROSS REFERENCES

Division into districts – see Ohio R.C. 713.06, 713.10
Basis of districts – see Ohio R.C. 713.11
Effects of districting and general regulations – see P. & Z. Ch. 1109

1105.01 DIVISION INTO SEVEN.

(a) For the purpose of this chapter, the Municipality is divided into seven zoning districts.

(b) Such districts are designated as follows:

(1) Residence Districts.
R-1 – One-Family Residence District
R-2 – One and Two-Family Residence District
R-3 – Multi-Family Residence District
(2) Nonresidence Districts.
B-1 – Neighborhood Business District
B-2 – Downtown Business District
B-3 – General Business District
M – Manufacturing District.
(Ord. 196. Passed 11-21-63.)

1105.02 ESTABLISHED.

The several districts and boundaries thereof are hereby adopted and established as shown on the Zoning Map, which map, together with all notations, references, data, district boundaries and other information shown thereon, are hereby made a part of this Zoning Code. The Zoning Map, properly attested, shall remain on file in the office of the General Administrative Clerk.
(Ord. 196. Passed 11-21-63.)

1105.03 DESIGNATION OF DISTRICT BOUNDARIES.

Except where referenced on the map to a street or alley line or other designated line by dimensions shown on the map, the district boundary lines follow lot lines or the center lines of streets or alleys as they existed at the time of the adoption of the Zoning Code. Where a district line obviously does not coincide with the lot lines or such center lines or where it is not designated by dimensions, it shall be deemed to be 120 feet back from the nearest street line parallel to which it is drawn.
(Ord. 196. Passed 11-21-63.)

1105.04 LOT DIVIDED; EXTENSION OF DISTRICT.

Where a district boundary line established in this chapter or as shown on the Zoning Map divides a lot which was in single ownership at the time of enactment of this Zoning Code, the use authorized thereon and the other district requirements applying to the least restricted portion of such lot under this Zoning Code shall be considered as extending to the entire lot, provided the more restricted portion of such lot is entirely within twenty-five feet of the dividing district boundary line. The use so extended shall be deemed to be conforming.
(Ord. 196. Passed 11-21-63.)

1105.05 DETERMINATION OF UNCERTAIN BOUNDARIES.

All questions concerning the exact location of district boundary lines shall be determined by the Board of Zoning Appeals according to rules and regulations which may be adopted by such Board.
(Ord. 196. Passed 11-21-63.)

1105.06 VACATED STREET OR ALLEY.

Whenever any street, alley or other public way is vacated by official action as provided by law, the zoning district adjoining the side of such public way shall be extended automatically, depending on the side or sides to which such lands revert, to include the right of way thus vacated, which shall thenceforth be subject to all regulations of the extended district or districts.
(Ord. 196. Passed 11-21-63.)

1105.07 ANNEXATIONS.

In every case where property has not been specifically included within a district, the same is hereby declared to be in the R-1 District. Territory annexed or consolidated with the Municipality subsequent to the effective date of this Zoning Code shall, upon the effective date of such annexation or consolidation, become a part of the R-1 District. Such districting shall be temporary and the Planning Commission shall recommend to Council within a period of not more than six months from such date of annexation or consolidation, a final zoning map for the annexed territory.
(Ord. 196. Passed 11-21-63.)

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 Municipality. 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.)

CHAPTER 1113
Nonconforming Uses or Buildings

1113.01 Continuation of existing.
1113.02 Enlargement, substitution and extension prohibited; exceptions.
1113.03 Discontinuance.
1113.04 Nonconforming use of land; discontinuance.
1113.05 Performance standards.
1113.06 Replacing damaged.
1113.07 Repairs and alterations.

CROSS REFERENCES

Council may amend districting or zoning – see Ohio R.C. 713.10
Nonconforming uses, retroactive measures – see Ohio R.C. 713.15
Nonconforming use defined – see P. & Z. 1101.04(63)
Performance standards – see P. & Z. Ch. 1165
Height and yard modifications – see P. & Z. Ch. 1177
Housing standards for space, use and location – see BLDG. 1361.06

1113.01 CONTINUATION OF EXISTING.

Except as hereinafter specified, any use, building or structure, existing at the time of the enactment of this Zoning Code may be continued, even though such use, building or structure may not conform with the provisions of this Zoning Code for the district in which it is located.
(Ord. 196. Passed 11-21-63.)

1113.02 ENLARGEMENT, SUBSTITUTION AND EXTENSION PROHIBITED; EXCEPTIONS.

No existing building or premises devoted to a use not permitted by this Zoning Code in the district in which such building or premises is located, except when required to do so by law or order, shall be enlarged, extended, reconstructed, substituted or structurally altered, unless the use thereof is changed to a use permitted in the district in which such building or premises is located, and except as follows:

(a) When authorized by the Board of Zoning Appeals in accordance with the provisions of Chapter 1193, the substitution for a nonconforming use of another not more objectionable nonconforming use or an extension of a nonconforming use may be made, but not both a substitution and an extension.

(b) When authorized by the Board, in accordance with the provisions of chapter 1193, the extension or completion of a building devoted to a nonconforming use upon a lot occupied by such building or on an adjoining lot may be made, provided that such lot was under the same ownership as the lot in question on the date the use of such building became nonconforming, and where such extension is necessary and identical to the existing use of such building.

(c) When authorized by the Board, in accordance with the provisions of Chapter 1193, a nonconforming use may be extended throughout those parts of a building which were manifestly designed and arranged for such use prior to the date when such use of the building became nonconforming, if no structural alterations except those required by law are made therein.

(d) Whenever a nonconforming use has been changed to a conforming use, such use shall not thereafter be changed to a nonconforming use.
(Ord. 196. Passed 11-21-63.)

1113.03 DISCONTINUANCE.

No building, structure or premises where a nonconforming use has ceased for two years or more shall again be put to a nonconforming use.
(Ord. 196. Passed 11-21-63.)

1113.04 NONCONFORMING USE OF LAND; DISCONTINUANCE.

All nonconforming uses of land not involving any building or structure may be continued for a period of two years after the date of enactment of this Zoning Code, at the end of which period, such nonconforming use shall cease or shall be changed to a conforming use.
(Ord. 196. Passed 11-21-63.)

1113.05 PERFORMANCE STANDARDS.

All uses that are nonconforming at the time of adoption of this Zoning Code, by reason of noncompliance with the provision of Chapter 1165, if not otherwise stipulated by the Board of Zoning Appeals, shall adopt necessary measures to conform therewith within three years of the adoption of this Zoning Code.
(Ord. 196. Passed 11-21-63.)

1113.06 REPLACING DAMAGED.

Any nonconforming building or structure damaged more than sixty percent of its then fair market value, exclusive of the foundations, at the time of damage by fire, flood, explosion, wind, earthquake, war, riot or other calamity or act of God, shall not be restored or reconstructed and used as before such occurrence but if less than sixty percent damaged above the foundation, it may be restored, reconstructed or used as before, provided that it is done within six months of such occurrence.
(Ord. 196. Passed 11-21-63.)

1113.07 REPAIRS AND ALTERATIONS.

Such repairs and maintenance work as required to keep it in sound condition may be made to a nonconforming building or structure, provided no structural alterations shall be made except such as are required by law or ordinance or authorized by the Board of Zoning Appeals. Except as otherwise provided elsewhere in this Zoning Code, the total structural repairs and alterations that may be made in a nonconforming building or structure shall not, during its life subsequent to the date of its becoming a nonconforming use, exceed fifty percent of its assessed value for tax purposes at such date, unless such building or structure is changed to a conforming use.
(Ord. 196. Passed 11-21-63.)

CHAPTER 1117
R-1 One-Family Residence District

1117.01 Principal permitted uses.
1117.02 Conditional uses.
1117.03 Accessory uses.
1117.04 Height regulations.
1117.05 Lot area, frontage and yard regulations.

CROSS REFERENCES

Height of building defined – see P. & Z. 1101.04(18)
Lot defined – see P. & Z. 1101.04(47) et seq.
Use defined – see P. & Z. 1101.04(87)
Yard defined – see P. & Z. 1101.04(89) et seq.
District established – see P. & Z. 1105.01
R-2 Residence District – see P. & Z. Ch. 1121
R-3 Residence District – see P. & Z. Ch. 1125
Extraction of minerals – see P. & Z. Ch. 1169

1117.01 PRINCIPAL PERMITTED USES.

No building, structure or land shall be used and no building or structure shall be erected, altered or enlarged which is arranged, intended or designed for other than one of the following uses, except as provided in Chapter 1113.

(a) Residential. One-family detached dwellings.

(b) Institutional and Cultural. Churches and other places of worship and Sunday school buildings located not less than twenty feet from any other lot in any R-District; schools and colleges for academic instruction, located not less than forty feet from any other lot in any R-District; public libraries, public museums, public art galleries and similar public cultural uses, located not less than twenty feet from any other lot in any R-District; and cemeteries.

(c) Recreational. Public parks, playgrounds, recreational and community center buildings and grounds; golf courses, country clubs, tennis courts and similar recreational uses, all of a noncommercial nature; provided that any principal building used therefor shall be located not less than forty feet from any other lot in any R-District.

(d) Agricultural. Nurseries, greenhouses and general farming, not including commercial animal farms or kennels, provided any lot or tract in such use is not less than five acres in area, and that any greenhouse heating plant or any building is not less than 200 feet from every lot line.

(e) Essential Services. As defined in Sections 1101.04(33) and 1109.16.
(Ord. 196. Passed 11-21-63.)

1117.02 CONDITIONAL USES.

The following uses shall be permitted only if expressly authorized by the Board of Zoning Appeals in accordance with the provisions of Chapter 1193:

(a) Recreational. Private noncommercial recreation areas and facilities not listed in Section 1117.01(c), including club swimming pools, provided that no such swimming pool shall be located nearer than 100 feet from any other lot in any R-District.

(b) Utility Stations. Static transformer stations, booster stations, and other utility stations, when operating requirements necessitate locating in an R-1 District in order to serve the neighborhood, provided there is no yard or garage for service or storage, and, provided that the premises upon which such utility station is erected and maintained shall be appropriately landscaped and screened so as to be in harmony with the general appearance of the neighborhood.

(c) Institutional. Any hospital for human care, sanatoriums, religious and charitable institutions, provided that buildings which are used for the treatment of contagious diseases, the care of epileptics, drug addicts, the feebleminded or insane, shall be at least 100 feet from any lot in any R-District.

(d) Extraction of Minerals, Etc. Extraction of minerals, stripping of soil, sand and gravel pits, not including any processing, provided that any power-driven or power-producing machinery or equipment shall not be housed or operated less than 1,000 feet from any other lot in any R-District and subject to the provisions of Chapter 1169.
(Ord. 196. Passed 11-21-63.)

1117.03 ACCESSORY USES.

Accessory uses, buildings or other structures customarily incidental to any aforesaid permitted or conditionally permitted uses may be established, erected or constructed, provided that such accessory uses shall not involve the conduct of any business, trade or industry, or any private way or walk giving access to such activity, or any billboard, sign or poster other than hereinafter authorized, and not including the boarding of animals or the keeping of fowl or farm animals except in a building at least 100 feet distant from every lot line. Accessory uses may include the following:

(a) Gardening, Farm Animals, Etc. Gardening, the raising of vegetables or fruits and the keeping of domestic or farm animals exclusively for the use of residents of the premises and not for commercial purposes, provided that any heating plant and any structures in which farm animals are kept shall be located at least 100 feet from every lot line.

(b) Summer Houses and Servants’ Quarters. Summer houses and living quarters of persons employed on the premises, without kitchen facilities and not rented or otherwise used as separate dwellings.

(c) Parking Facilities. Garages, carports or other parking spaces for the exclusive use of residents of the premises.

(d) Swimming Pools. Swimming pools exclusively for the use of the residents, provided that they shall not be located less than ten feet from any property line of the property on which located.

(e) Real Estate and Professional Signs. Real estate, small announcement and professional signs subject to the provisions of Chapter 1153.

(f) Professional Offices. The office or studio in the residence of a physician, dentist, music teacher, artist, lawyer, insurance broker, real estate broker, accountant, engineer, teacher, architect, scientist or other member of a recognized profession; provided that not more than one-half of the floor area of the dwelling is devoted to such accessory use, that not more than one person who is not a resident on the premises is employed, that no such use shall require exterior structural alterations or involve construction features not customary in dwellings, and that the entrance to such office or studio shall be from within the dwelling. An unlighted name plate only, of not over one square foot in area attached flat against the building, shall be permitted. Beauty parlors, barber shops, schools of any kind with organized classes or any other similar uses are not permitted.

(g) Home Occupations. Customary home occupations such as handicraft, dressmaking, millinery, laundry, preserving and home cooking, provided that such occupation shall be conducted exclusively by resident occupants, and provided further, that not more than one-fourth of the floor area of the residence shall be used for such purpose, that no exterior structural alterations and other constructions involving features not customarily found in dwellings are required, and that the entrance to the space devoted to such use shall be from within the dwelling. An unlighted sign only, of not over one square foot in area and attached flat against the building, shall be permitted.

(h) Roomers. The keeping of not more than three roomers or boarders by a resident family.
(Ord. 196. Passed 11-21-63.)

1117.04 HEIGHT REGULATIONS.

No principal structure shall exceed two and one-half stories or thirty-five feet in height, and no detached accessory structure shall exceed one story or fifteen feet in height, except as provided in Chapter 1177.
(Ord. 196. Passed 11-21-63.)

1117.05 LOT AREA, FRONTAGE AND YARD REGULATIONS.

The following minimum requirements shall be observed, except as otherwise provided in this Zoning Code:

(Ord 196. Passed 11-21-63.)

CHAPTER 1121
R-2 One and Two-Family Residence District

1121.01 Principal permitted uses.
1121.02 Conditional uses.
1121.03 Accessory uses.
1121.04 Height regulations.
1121.05 Lot area, frontage and yard regulations.

CROSS REFERENCES

Height of building defined – see P. & Z. 1101.04(18)
Lot defined – see P. & Z. 1101.04(47) et seq.
Use defined – see P. & Z. 1101.04(87)
Yard defined – see P. & Z. 1101.04(89) et seq.
Established – see P. & Z. 1105.01
R-1 Residence District – see P. & Z. Ch. 1117
R-3 Residence District – see P. & Z. Ch. 1125

1121.01 PRINCIPAL PERMITTED USES.

(a) General. Any principal use permitted and as regulated in the R-1 District, except as hereinafter specified.

(b) Residential. Two-family dwellings.

(c) Hospitals. Hospitals for human care, sanitoriums, but not including those for the care of epileptics, drug addicts, the feebleminded or insane or for contagious diseases or religious and charitable institutions.

(d) Clinics. Clinics for human care, convalescent homes, homes for the aged, children’s nurseries, but not including those for the care of epileptics, drug addicts, the feebleminded or insane or for contagious diseases.
(Ord. 196. Passed 11-21-63.)

1121.02 CONDITIONAL USES.

(a) General. Any conditionally permitted use as regulated in the R-1 District, and as hereinafter specified.

(b) Residential. Dwelling groups comprised of buildings containing not more than four families in any one building and subject to the applicable requirements of this chapter and the provisions of Chapter 1161.

Dwellings for any number of families located on a lot adjoining and within 100 feet of a less-restricted district or on a lot abutting a primary or secondary thoroughfare as defined in Section 1101.04(85) provided all height, area and yard requirements for a four-family dwelling in an R-2 District are met.

(c) Community Development Projects. Subject to the provisions of Chapter 1161.
(Ord. 196. Passed 11-21-63.)

1121.03 ACCESSORY USES.

Accessory uses or structures permitted and as regulated in the R-1 District may be established except that the raising or keeping of farm animals shall not be permitted on any lands used or platted for residential purposes.
(Ord. 196. Passed 11-21-63.)

1121.04 HEIGHT REGULATIONS.

Height regulations shall be the same as specified in R-1 District.
(Ord. 196. Passed 11-21-63.)

1121.05 LOT AREA, FRONTAGE AND YARD REGULATIONS.

The following minimum requirements shall be observed, except as otherwise provided in this Zoning Code.

(Ord. 196. Passed 11-21-63.)

CHAPTER 1129
B-1 Neighborhood Business District

1129.01 Principal permitted uses.
1129.02 Conditional uses.
1129.03 Accessory uses.
1129.04 Required conditions.
1129.05 Height regulations.
1129.06 Lot area, frontage and yard regulations.

CROSS REFERENCES

Billboard or signboard defined – see P. & Z. 1101.04(14)
Height of building defined – see P. & Z. 1101.04(18)
Lot defined – see P. & Z. 1101.04(47) et seq.
Use defined – see P. & Z. 1101.04(87)
Yard defined – see P. & Z. 1101.04(89) et seq.
Established – see P. & Z. 1105.01
B-2 Downtown Business District – see P. & Z. Ch. 1133
B-3 General Business District – see P. & Z. Ch. 1137
Billboards and outdoor advertising – see P. & Z. Ch. 1153

1129.01 PRINCIPAL PERMITTED USES.

Permitted uses include any local retail business or service establishments supplying commodities or performing services primarily for residents of the neighborhood, such as:

(a) Grocery stores, super markets, fruit and vegetable stores, drug stores, hardware stores, dry cleaning shops, barber shops, beauty parlors, retail liquor stores and the like;

(b) Business and professional offices;

(c) Restaurants, soda fountains, ice cream parlors; not including cafes or drive-in restaurants, entertainment or dancing or sale of alcoholic beverages, except on State or Federal highways or on a primary or secondary thoroughfare as shown on the Thoroughfare Plan;

(d) Automobile service stations, minor repair and commercial storage garages, and parking lots, subject to the applicable requirements of Chapters 1145 and 1157;

(e) Billboards and other outdoor advertising signs and structures, provided these are located on premises abutting an officially designated Federal or State highway and subject to the provisions of Chapter 1153;

(f) Any use permitted and as regulated in the residence district adjoining the B-1 District; and if there are adjoining two or more different categories of residence districts, the regulations of the least restrictive residence district shall prevail; and

(g) Any other retail business or service establishment determined by the Board of Zoning Appeals to be of the same general character as the above permitted uses, not including those which are first permitted or are not permitted in the B-2 District.
(Ord. 196. Passed 11-21-63.)

1129.02 CONDITIONAL USES.

The following uses shall be permitted only when specifically authorized by the Board of Zoning Appeals in accordance with the provisions of Chapter 1193:

(a) Eating and Drinking Places. Cafes and restaurants permitting the sale and consumption of alcoholic beverages, but not including entertainment or dancing, provided the principal building wherein such use is located is not less than fifty feet from any R-District.

(b) Self-Service Laundries and Cleaning Establishments. Coin operated self-service laundries and dry cleaning establishments not less than fifty feet from any R-District.
(Ord. 196. Passed 11-21-63.)

1129.03 ACCESSORY USES.

Accessory uses and structures as permitted and regulated in the R-3 District and any other accessory uses and structures customarily accessory and incidental to any of the foregoing permitted B-1 uses may be established or maintained, and also signs accessory to a permitted use on the premises, when attached flat against the building, and the real estate and professional signs, subject to the provisions of Chapter 1153.
(Ord. 196. Passed 11-21-63.)

1129.04 REQUIRED CONDITIONS.

(a) All businesses, services or processing shall be conducted wholly within a completely enclosed building, except for the sale of automotive fuel, lubricants and fluids at service stations, and such outdoor display and storage of vehicles, materials and equipment as hereinbefore specifically authorized as or may be authorized by the Board of Zoning Appeals.

(b) All products on the premises whether primary or incidental shall be sold at retail primarily on the premises were produced.

(c) Processes and equipment employed in goods processed or sold shall be limited to those which are not objectionable by reason of odor, dust, smoke, cinders, gas, fumes, noise, vibration, refuse matter or water-carried waste.

(d) Goods for sale shall consist primarily of new merchandise.
(Ord. 196. Passed 11-21-63.)

1129.05 HEIGHT REGULATIONS.

No principal structure shall exceed two and one-half stories or thirty feet in height, and no accessory structure shall exceed one story or fifteen feet in height, except as provided in Chapter. 1177.
(Ord. 196. Passed 11-21-63.)

1129.06 LOT AREA, FRONTAGE AND YARD REGULATIONS.

The following minimum requirements shall be observed, except as provided in Chapter 1181:

(Ord. 196. Passed 11-21-63.)

CHAPTER 1133
B-2 Downtown Business District

1133.01 Principal permitted and prohibited uses.
1133.02 Accessory uses.
1133.03 Required conditions.
1133.04 Height regulations.
1133.05 Lot area, frontage and yard regulations.

CROSS REFERENCES

Height of building defined – see P. & Z. 1101.04(18)
Lot defined – see P. & Z. 1101.04(47) et seq.
Use defined – see P. & Z. 1101.04(87)
Yard defined – see P. & Z. 1101.04(89) et seq.
Established – see P. & Z. 1105.01
B-1 Neighborhood Business District – see P. & Z. Ch. 1129
B-3 General Business District – see P. & Z. Ch. 1137
Off-street parking and loading regulations – see P. & Z. Ch. 1145

1133.01 PRINCIPAL PERMITTED AND PROHIBITED USES.

Permitted uses include any use permitted and as regulated in the B-1 District, and including the following:

(a) Art or antique shops, artists’ supply stores, furniture and appliance stores, department stores, variety and dime-stores, dry goods and apparel stores, mail-order houses and the like;

(b) Any office or office building;

(c) Banks and savings and loan associations, including the drive-in type;

(d) Bars, restaurants and cocktail lounges;

(e) Night clubs and theatres, but not within 100 feet of any R-District and subject to all applicable regulations and such permits as may be required by law;

(f) Trade or business schools, provided machinery which is used for instruction purposes is not objectionable due to noise, fumes, smoke, odor or vibration;

(g) Commercial studios, including photographic studios, dancing studios, radio and telecasting studios and the like;

(h) Hotels, motels and motor hotels, subject to the provisions of Chapter 1149;

(i) Newspapers, printing and publishing;

(j) Parking lots and parking garages, subject to the applicable provisions of Chapter 1145, but not automotive services; and

(k) Any other retail business or service establishment or use, which is determined by the Board of Zoning Appeals to be of the same general character as the above permitted uses, but not including any use which is first permitted or which is not permitted in the B-3 District. All automobile service stations, major and minor repair businesses, warehousing not offering retail or outlet shops or stores and commercial storage garages are prohibited in the B-2 District.
(Ord. 196. Passed 11-21-63; Ord. 92-014. Passed 5-7-92.)

1133.02 ACCESSORY USES.

Accessory uses and structures as permitted and as regulated in the B-1 District and such other accessory uses and structures, not otherwise prohibited, customarily accessory and incidental to any of the foregoing permitted B-2 uses, may be established or maintained.
(Ord. 196. Passed 11-21-63.)

1133.03 REQUIRED CONDITIONS.

The required conditions for this district are the same as those specified for the B-1 District, except for new merchandise in the case of art or antique shops.
(Ord. 196. Passed 11-21-63.)

1133.04 HEIGHT REGULATIONS.

No principal structure shall exceed six stories or seventy-five feet in height, except as provided in Chapter 1177.
(Ord. 196. Passed 11-21-63.)

1133.05 LOT AREA, FRONTAGE AND YARD REGULATIONS.

(Ord. 196. Passed 11-21-63.)

CHAPTER 1137
B-3 General Business District

1137.01 Principal permitted uses.
1137.02 Accessory uses.
1137.03 Required conditions.
1137.04 Height regulations.
1137.05 Lot area, frontage and yard regulations.

CROSS REFERENCES

Billboard or signboard defined – see P. & Z. 1101.04(14)
Height of building defined – see P. & Z. 1101.04(18)
Lot defined – see P. & Z. 1101.04(47) et seq.
Use defined – see P. & Z. 1101.04(87)
Yard defined – see P. & Z. 1101.04(89) et seq.
Established – see P. & Z. 1105.01
B-1 Neighborhood Business District – see P. & Z. Ch. 1129
B-2 Downtown Business District – see P. & Z. Ch. 1133
M Manufacturing District – see P. & Z. Ch. 1141
Billboards and outdoor advertising – see P. & Z. Ch. 1153

1137.01 PRINCIPAL PERMITTED USES.

Permitted uses include any use permitted and as regulated in the B-2 District, except as hereinafter modified in the following:

(a) Laundries, clothes cleaning or dyeing establishments, and used merchandise stores.

(b) Any wholesale business, storage or warehousing, and commercial greenhouses.

(c) Drive-in eating and drinking places, summer gardens and roadhouses, provided the principal building is not less than 100 feet from any R-District.

(d) Billiard parlors, pool halls at least fifty feet from any R-District, bowling lanes, but not within 100 feet of any R-District; drive-in theaters, provided the screen shall be so located as not to be visible from adjacent streets or highways, and such screen shall be set back not less than 200 feet from the established right of way of any such street or highway.

(e) Automobile service stations, automobiles, trucks, trailers or farm implements, for sale, display, hire or repair, including sales lots, used car lots, trailer lots, major repair garages, body and fender shops, paint shops, but not within fifty feet of any R-District, or automatic car wash establishments 100 feet from any R-District.

(f) Trailer parks in accordance with the provisions of Chapter 1149.

(g) Animal hospitals, kennels, display and housing or boarding of pets and other domestic animals, provided that any enclosures or buildings in which the animals are kept shall be at least 100 feet from any R-District and at least fifty feet from any B-1 District.

(h) Any type of commercial recreation, including baseball fields, swimming pools, skating rinks, golf driving ranges, miniature golf courses, trampoline centers and similar open air facilities, provided such establishments are at least 100 feet from any R-District.

(i) Carpenter shops, electrical, plumbing and heating shops, interior decorating and paper hanging shops, furniture upholstering and similar enterprises, not including contractors’ yards, but not within fifty feet of any R-District.

(j) Printing, publishing other than newspaper publishing; job printing, lithographing, blue printing, etc., but not within 100 feet of any R-District.

(k) Bottling of soft drinks and milk or distribution stations, providing a building used for such processing and distribution is at least 100 feet from any R-District.

(l) Miscellaneous trades and businesses, sheet metal shops, sign-painting shops, wholesale bakeries, but not within 200 feet of any R-District.

(m) Building material yards not including concrete mixing, contractors’ equipment, storage yard or plant and rental of equipment commonly used by contractors; trucking or motor freight stations or terminals; retail lumber yards, including incidental millwork; storage and sale of grain, livestock feed or fuel; carting, express or hauling establishments, including storage of vehicles; provided such uses are conducted either:

(1) Wholly within a completely enclosed building or buildings, except for storage of vehicles, which building shall be at least 100 feet from any R-District, and unless such building has no openings other than stationary windows and required fire exits within such distance, but not within fifty feet of any R-District in any case; or
(2) When conducted within an area completely enclosed on all sides with a solid wall or uniformly painted solid board fence not less than six feet high, but not within 100 feet of any R-District; and provided that all storage yards related to the uses in this paragraph shall be enclosed.

(n) Display signs, billboards and other outdoor advertising signs and structures subject to the provisions of Chapter 1153.

(o) Any other use which is determined by the Board of Zoning Appeals to be of the same general character as the above permitted uses, but not including any use which is first permitted in the M-District, or which is prohibited in the M-District.
(Ord. 196. Passed 11-21-63.)

1137.02 ACCESSORY USES.

Accessory uses and structures as permitted and as regulated in the B-2 District and such other accessory uses and structures not otherwise prohibited, customarily accessory and incidental to any of the foregoing permitted B-3 uses, may be established or maintained.
(Ord. 196. Passed 11-21-63.)

1137.03 REQUIRED CONDITIONS.

(a) Processes and equipment employed and goods processed or sold shall be limited to those which are not objectionable by reason of odor, dust, smoke, cinders, gas, fumes, noise, vibration, refuse matter or water-carried waste, and must comply with the performance standards in Chapter 1165.

(b) All businesses, services or processing shall be conducted wholly within a completely enclosed building, except for the sale of automobile fuel, lubricants and fluids at service stations, loading and unloading operations, parking, the outdoor display or storage of vehicles, materials and equipment and the uses specified in Section 1137.01(m).

(c) No building customarily used for night operation, such as a bakery or milk bottling and distribution station, shall have any opening, other than stationary windows or required fire exits, within 100 feet of any R-District, and any space used for loading or unloading commercial vehicles in connection with such an operation shall not be within 100 feet of any R-District.
(Ord. 196. Passed 11-21-63.)

1137.04 HEIGHT REGULATIONS.

No principal or accessory structures shall exceed three stories or forty feet in height, except as provided in Chapter 1177.
(Ord. 196. Passed 11-21-63.)

1137.05 LOT AREA, FRONTAGE AND YARD REGULATIONS.

The lot area, frontage and yard requirements in the B-3 District shall be as follows:

(Ord 196. Passed 11-21-63.)

CHAPTER 1141
M Manufacturing District

1141.01 Principal permitted uses.
1141.02 Conditional uses.
1141.03 Accessory uses.
1141.04 Required conditions.
1141.05 Prohibited uses.
1141.06 Height regulations.
1141.07 Lot area, frontage and yard regulations.

CROSS REFERENCES

Height of building defined – see P. & Z. 1101.04(18)
Lot defined – see P. & Z. 1101.04(47) et seq.
Use defined – see P. & Z. 1101.04(87)
Yard defined – see P. & Z. 1101.04(89) et seq.
Established – see P. & Z. 1105.01
B-3 General Business District – see P. & Z. Ch. 1137

1141.01 PRINCIPAL PERMITTED USES.

Permitted uses include any use permitted and as regulated in the B-3 District, except as hereinafter modified:

(a) Except for uses and processes prohibited in Section 1141.05, the manufacturing, compounding, processing, packaging and assembling of products contained in the following list, are permitted:

(1) Bakery goods, candy, cosmetics, pharmaceuticals, toiletries and food products, except fish or meat products, sauerkraut, vinegar, yeast and the rendering or refining of fat or oils;
(2) Products from the following previously prepared materials: bone, canvas, cellophane, cloth, cork, feathers, fibre, fur, glass, hair, horn, leather, paper, plastics, precious or semi-precious metals or stones, sheet metal (except where presses over twenty tons rated capacity are employed), shell, textiles, tobacco, wax, wood (except where saw and planing mills are employed) and yarns;
(3) Pottery and figurines, using previously pulverized clay, and kilns fired only with gas or electricity;
(4) Musical instruments, toys, novelties, rubber or metal stamps and other small rubber products;
(5) Electrical appliances, instruments and devices, television sets, radios, phonographs; and
(6) Electric and neon signs, billboards and other commercial advertising structures; light sheet metal products including heating and ventilating equipment, cornices, eaves and the like.

(b) Experimental, film or testing laboratories are permitted, provided no operation is conducted or equipment used which creates hazards, noxious or offensive conditions.

(c) The following uses are permitted provided no part of a building occupied by such uses has any opening other than stationary windows or required fire exits, within 100 feet of any R-District.

(1) Blacksmith, welding or other metal working shops, excluding punch presses over twenty tons rated capacity, drop hammers and other noise-producing, machine-operated tools; machine shops and cooperage works;
(2) Brick, pottery, tile and terra cotta manufacturing;
(3) Foundries casting lightweight nonferrous metals, or electric foundries not causing noxious fumes or odors;
(4) Bag, carpet and rag cleaning, provided necessary equipment is installed and operated for the effective precipitation or recovery of dust; and
(5) Ice manufacturing and cold storage plants.

(d) The following uses are permitted, when located not less than 200 feet from any R-District:

(1) Inflammable liquids, underground storage only, not to exceed 25,000 gallons;
(2) Building materials sales yards, including concrete mixing, lumber yards including millwork, open yards for storage and sale of feed or fuel; and
(3) Junk or wrecking yards enclosed by a solid board fence not less than six feet high.

(e) Any other use that is determined by the Board of Zoning Appeals to be of the same general character as the above permitted uses is permitted, but this does not include any use which is prohibited in the M-District in Section 1141.05.
(Ord. 196. Passed 11-21-63.)

1141.02 CONDITIONAL USES.

The following uses are hereby authorized only if expressly approved by the Board of Zoning Appeals as provided in Chapter 1193:

(a) Any use subject to review in accordance with the provisions of Chapter 1165; and

(b) Any other industrial use not expressly authorized or governed by applicable provisions of this Zoning Code.
(Ord. 196. Passed 11-21-63.)

1141.03 ACCESSORY USES.

Accessory uses and structures permitted and as regulated in the B-3 District, except as hereinafter modified, and such other uses and structures customarily accessory and incidental to any of the foregoing principal permitted uses, except for uses prohibited in an M-District, may be established or maintained.
(Ord. 196. Passed 11-21-63.)

1141.04 REQUIRED CONDITIONS.

(a) All businesses, services or processing shall be conducted wholly within completely enclosed buildings, except for the sale of automobile fuel, lubricants and fluids at service stations, loading and unloading operations, parking, the outdoor display or storage of vehicles, materials and equipment and the uses specified in Section 1141.01(d).

(b) No building customarily used for night operation, such as a bakery or milk bottling and distribution station, shall have any opening, other than stationary windows or required fire exists, within 100 feet of any R-District, and any space used for loading or unloading commercial vehicles in connection with such an operation shall not be within 100 feet of any R-District.
(Ord. 196. Passed 11-21-63.)

1141.05 PROHIBITED USES.

(a) No use shall be permitted or authorized to be established or maintained, which, when conducted under adequate conditions and safeguards, in compliance with the provisions of this Zoning Code and any additional conditions or requirements prescribed by the Board of Zoning Appeals, is or may become hazardous, noxious or offensive due to emission of odor, dust, smoke, cinders, gas fumes, noise vibration, beat frequency, refuse matter or water-carried waste.

(b) No dwellings or residences of any kind shall be permitted, including motels and trailers, parks, schools, hospitals, clinics and other institutions for human care, except where incidental to a permitted principal use. However, any of the aforesaid uses legally existing in the M-District at the time of adoption of this Zoning Code or any amendment thereto, shall not be classified as a nonconforming use as defined in Section 1101.04(63) and subject to the provisions of Chapter 1113.
(Ord. 196. Passed 11-21-63.)

1141.06 HEIGHT REGULATIONS.

Within 100 feet of any R-District, no structure shall exceed three stories or fifty feet in height, the distance measured to the center line of any street, except as provided in Chapter 1177.
(Ord. 196. Passed 11-21-63.)

1141.07 LOT AREA, FRONTAGE AND YARD REGULATIONS.

The following minimum requirements shall be observed, except as modified by Chapter 1181:

(Ord. 196. Passed 11-21-63.)

CHAPTER 1145
Off-Street Parking and Loading Regulations

1145.01 Loading space.
1145.02 Parking space.
1145.03 Access.
1145.04 Floor area defined.
1145.05 Number of parking spaces required.
1145.06 Development and maintenance of parking areas.
1145.07 Modifications.
1145.08 Joint use of facilities.

CROSS REFERENCES

Off-street parking facilities – see Ohio R.C. 717.05 et seq.
Parking generally – see TRAF. Ch. 351
Municipal parking lots – see TRAF. Ch. 355
Loading space defined – see P. & Z. 1101.04(46)
Parking space defined – see P. & Z. 1101.04(66)

1145.01 LOADING SPACE.

(a) In any district, in connection with any building or part thereof hereafter erected or altered which is to be occupied by manufacturing, stores, warehouses, goods display, retail commercial, wholesale commercial, market, hotel, hospital, mortuary, laundry, dry cleaning or other uses requiring the receipt or distribution by truck of materials or merchandise, there shall be provided and maintained, on the same lot with such buildings, off-street loading space in accordance with the following schedule:

When the floor area of the building exceeds 100,000 square feet the number of off-street loading spaces shall be determined by the Board of Zoning Appeals.

(b) Each loading space shall be not less than ten feet in width, twenty-five feet in length and fourteen feet in height.

(c) Subject to the limitations of subsection (d) hereof, such space may occupy all or any part of any required yard.

(d) No such space shall be closer than fifty feet to any other lot located in any R-District, unless wholly within a completely enclosed building or unless enclosed on all sides by a wall or uniformly painted solid board fence not less than six feet in height.
(Ord. 196. Passed 11-21-63.)

1145.02 PARKING SPACE.

(a) In all districts, except B-2 districts, in connection with every industrial, business, institutional, recreational, residential or any other use, there shall be provided, at the time any building or structure is erected, enlarged or increased in capacity, off-street parking spaces for automobiles in accordance with the requirements herein.

(b) Each off-street parking space shall have an area of not less than 160 square feet exclusive of access drives or aisles, and shall be in usable shape and condition. Except in the case of dwellings, no parking area provided hereunder shall be less than 1,000 square feet in area.
(Ord. 196. Passed 11-21-63.)

1145.03 ACCESS.

There shall be adequate provision for ingress and egress to all parking spaces. Where a lot does not abut on a public or private alley or easement of access, there shall be provided an access drive not less than eight feet in width in the case of a dwelling, and not less than eighteen feet in width in all other cases, leading to the parking or storage areas or loading or unloading spaces required hereunder in such manner as to secure the most appropriate development of the property in question. Except where provided in connection with a use permitted in an R-District, such easement of access or access drive shall not be located in any R-District.
(Ord. 196. Passed 11-21-63.)

1145.04 FLOOR AREA DEFINED.

For the purposes of applying the requirements in Sections 1145.01 and 1145.02 hereof, “floor area”, in the case of offices, merchandising or service types of uses, means the gross floor area used or intended to be used by tenants, or for service to the public as customers, patrons, clients or patients, including areas occupied by fixtures and equipment used for the display or sale of merchandise. It does not include areas used principally for nonpublic purposes, such as storage, incidental repair, processing or packaging of merchandise, for show windows, for offices incidental to the management or maintenance of stores or buildings, for toilet or rest rooms, for utilities or for dressing rooms, fitting or alteration rooms.
(Ord. 196. Passed 11-21-63.)

1145.05 NUMBER OF PARKING SPACES REQUIRED.

The number of off-street parking spaces required shall be as follows:

Uses Not Listed: In the case of any building, structure or premises, the use of which is not specifically listed herein, the provisions for a use which is so listed and to which such use is similar or comparable in regard to generality of parking demand shall apply.
(Ord. 196. Passed 11-21-63.)

1145.06 DEVELOPMENT AND MAINTENANCE OF PARKING AREAS.

Every parcel of land hereafter used as a public or private parking area, including a commercial parking lot and an automobile or trailer sales lot, shall be developed and maintained in accordance with the following requirements:

(a) Screening and Landscaping. Off-street parking areas for more than five vehicles shall be effectively screened on each side that adjoins or faces premises situated in any R-District or institutional premises, by a masonry wall or solid fence of an acceptable design. Such wall or fence shall be not less than four feet nor more than six feet in height and shall be maintained in good condition without any advertising thereon. In any R-District the space between such wall or fence and the nearest side lot line or the front lot line, shall be landscaped with grass, hardy shrubs or evergreen ground cover and maintained in good condition. In case the capacity of the parking area exceeds thirty vehicles, it shall be screened by a masonry wall of a height prescribed herein.

(b) Minimum Distances and Setbacks. No part of any parking area for more than five vehicles shall be closer than ten feet to any dwelling, school, hospital or other institution for human care located on an adjoining lot, unless screened by an unpierced masonry wall. If not in an R-District but adjoining such district, that part of the parking area within fifty feet of any R-District shall not be located within twenty-five feet from the established street right-of-way line.

(c) Surfacing. Any off-street parking area for more than five vehicles shall be surfaced with an asphaltic or Portland cement binder pavement so as to provide a durable and dustless surface, shall be so graded and drained as to dispose of all surface water accumulated within the area, and shall be so arranged and marked as to provide for orderly and safe loading or unloading and parking and storage of self-propelled vehicles. The foregoing requirements with respect to surfacing shall not apply to a parking area in an M-District if more than 200 feet from any R-District, except that a dustless surface shall be provided in any case.

(d) Lighting. Any lighting used to illuminate any off-street parking area shall be so arranged as to reflect the light away from adjoining premises in any R-District.
(Ord. 196. Passed 11-21-63.)

1145.07 MODIFICATIONS.

The Board of Zoning Appeals may authorize on appeal a modification, reduction or waiver of the foregoing requirements it is should find that in the particular case appealed the peculiar nature of the residential, business, trade, industrial or other use, or the exceptional shape or size of the property or other exceptional situation or condition would justify such action.
(Ord. 196. Passed 11-21-63.)

1145.08 JOINT USE OF FACILITIES.

(a) Not more than fifty percent of the off-street parking facilities required under this chapter for a theater, bowling lane, dance hall or an establishment for the sale and consumption on the premises of food, alcoholic beverages or refreshments, and up to 100 percent of such facilities required for a church or an auditorium incidental to a public or parochial school, may be supplied by public off-street parking facilities or by off-street parking provided for certain other kinds of buildings or uses specified in subsection (b) hereof which are not normally open, used or operated during the principal operating hours of theaters, churches or the aforesaid establishments. Not more than fifty percent of the off-street parking facilities required under this chapter for certain buildings or uses specified in subsection (b) hereof, may be supplied by such facilities provided for theaters, churches or other aforesaid establishments, provided that a properly drawn legal instrument is executed by the parties concerned for the joint use of the off-street parking facilities, which instrument, duly approved as to form and manner of execution by the Solicitor, shall be filed with the application for a building permit.

(b) Buildings or uses not normally open, used or operated during the principal operating hours of theaters, churches or other of the aforesaid establishments are defined as banks, business offices, retail stores, personal service shops, household equipment or furniture shops, clothing, shoe repair or service shops, manufacturing buildings and similar uses.
(Ord. 196. Passed 11-21-63.)

CHAPTER 1149
Trailers and Trailer Parks, Motels and Motor Hotels

1149.01 General requirements.
1149.02 Enlargement; Board approval; compliance.
1149.03 Parking and wheel removal prohibited; exceptions.
1149.04 Trailer parks; submission of plans.
1149.05 Trailer parks; requirements.
1149.06 Additional requirements.

CROSS REFERENCES

Licensing and fees by Board of Health – see Ohio R.C. 3733.03 et seq.
Hotels, motels and tourist courts – see BUS. REG. Ch. 727
Trailers and trailer camps – see BUS. REG. Ch. 775
Motel or motor hotel defined – see P. & Z. 1101.04(61)
Trailer or mobile home defined – see P. & Z. 1101.04(83)
Trailer or mobile home park or camp defined – see P. & Z. 1101.04(84)

1149.01 GENERAL REQUIREMENTS.

The sanitary regulations prescribed by the State Board of Health or other authority having jurisdiction, the regulations of the Building Code of the Municipality and such regulations as may be otherwise required by law, shall be complied with, in addition to the following:

(a) Area and Yard Requirements. Trailer parks shall comply with all area and yard requirements prescribed herein; motels shall comply with all area and yard requirements prescribed for such uses in the district in which located.

(b) Lot Area Occupancy. The buildings, cabins and trailers in any tourist camp, trailer park or motel, together with any nonaccessory buildings already on the lot, shall not occupy, in the aggregate, more than twenty-five percent of the area of the lot.

(c) Parking. All areas used for automobile access and parking shall comply with the applicable provisions of this Zoning Code. There shall be at least one off-street parking space for each trailer park lot and one additional space for each four lots to accommodate guests.

(d) Speed Limit. It shall be unlawful for any type of vehicle to travel at a rate of speed in excess of ten miles per hour within any trailer park, motel area or tourist camp, except emergency vehicles on call.

(e) Entrance to Trailer Parks, Motels. No vehicular entrance to or exit from any trailer park or motel, wherever such may be located, shall be within 200 feet along streets from any school, public play ground, church, hospital, library or institution for dependents or for children, except where such property is in another block or on another street which the premises in question do not abut.

(f) Landscaping, Unused Areas. All areas not used for access, parking, circulation, buildings and service shall be completely and permanently landscaped and the entire site maintained in good condition. A landscaped strip of land not less than ten feet in width shall be established and maintained within the trailer park along its exterior boundaries.
(Ord. 196. Passed 11-21-63.)

1149.02 ENLARGEMENT; BOARD APPROVAL; COMPLIANCE.

(a) Any enlargement or extension to any existing motel, tourist camp or trailer park, shall require application for a zoning certificate, as if it were a new establishment.

(b) No enlargements or extensions to any motel, trailer park or tourist camp shall be permitted unless the existing one is made to conform substantially with all the requirements for new construction for such an establishment.
(Ord. 196. Passed 11-21-63.)

1149.03 PARKING AND WHEEL REMOVAL PROHIBITED; EXCEPTIONS.

(a) Except as provided in subsection (b) hereof, no person shall park or occupy any trailer on any premises in any district outside an approved trailer park. The parking of an unoccupied trailer in an accessory private garage building or in a rear yard in any district shall be permitted, provided no living quarters are maintained or any business conducted in such trailer while so parked or stored.

(b) Emergency or temporary stopping or parking of trailers shall be permitted on any street, alley or highway for not longer than two hours, subject to any other and further prohibitions, regulations or limitations imposed by the traffic and parking regulations or ordinances for such street, alley or highway.

(c) In any district, the wheels of any trailer shall not be removed except for repairs, nor shall any trailer be otherwise permanently fixed to the ground in such a manner that would prevent its removal.
(Ord. 196. Passed 11-21-63.)

1149.04 TRAILER PARKS; SUBMISSION OF PLANS.

An application for the establishment of a trailer park shall be filed with the Zoning Inspector and must be accompanied by a scale drawing certified by a registered engineer or surveyor. Such drawing shall contain the following information:

(a) Accurate dimensions of the proposed trailer park;

(b) All roads and approaches and the method of ingress and egress;

(c) The complete electric service installation, wire service outlets and lighting facilities;

(d) The complete location of any natural gas facilities to serve the trailer park;

(e) A complete layout of unit parking spaces and the number of square feet therein, together with the dimensions thereof; and

(f) The location of electric power or gas distribution systems, water mains or wells for water supply outlets for domestic water users; the location of sanitary facilities, washrooms, garbage disposal units, incinerators, sanitary sewers or septic tanks, sewer drain lines, leeching beds and other buildings or structures contemplated to be used by such applicant in connection with such business.
(Ord. 196. Passed 11-21-63.)

1149.05 TRAILER PARKS; REQUIREMENTS.

Trailer parks shall be designed and maintained in accordance with the following requirements:

(a) Park Area. The minimum trailer park area shall be 40,000 square feet.

(b) Lot Area. The minimum lot area per trailer unit within the trailer park shall be 1,500 square feet.

(c) Lot Width. The minimum lot width per trailer unit within the trailer park shall be thirty feet.

(d) Access. Each trailer park shall abut upon a public street, and each trailer lot shall have direct access to a private hard surface road.

(e) Distance from Property Line. The minimum distance for each trailer from the exterior property lines shall be not less than twenty feet.

(f) Distance Between Trailers. The minimum distance between neighboring trailers shall be not less than twenty feet.

(g) Concrete Slab. Each trailer unit shall be equipped with a concrete slab of sufficient size to support the wheels and the front parking jack. Such slab shall have a minimum horizontal dimension of eight by ten feet and a minimum thickness of four inches.

(h) Utilities. Each trailer unit shall be equipped with one electric outlet. A municipal sanitary sewer and municipal water system shall be installed in accordance with municipal specifications. Trailer units not equipped with water and sewer facilities shall be located not more than 200 feet from a community utility building which shall provide separate toilet and shower facilities for each sex. Fire hydrants shall be located in accordance with the specifications of the National Fire Protection Association.

(i) Interior Streets. The minimum roadway width of interior one-way streets with parking permitted on one side shall be twenty feet. The minimum roadway width of two-way streets with parking permitted on one side shall be twenty-six feet. The minimum width of two-way streets without parking permitted shall be twenty feet. Such streets shall be paved according to municipal specifications for residential streets, maintained in good condition and lighted at night.

(j) Recreation Areas. There shall be provided within each trailer park an adequate recreation site or sites for the exclusive use of the park occupants. Such recreation site shall have a minimum area in the aggregate of 100 square feet for each trailer space in the park. The recreation sites shall be of appropriate design and provided with appropriate equipment.

(k) Length of Occupancy. No trailer shall remain in a trailer park for a period exceeding fifteen days without connection to the permanent sanitary sewer system of the park.
(Ord. 196. Passed 11-21-63.)

1149.06 ADDITIONAL REQUIREMENTS.

In addition to the foregoing, the Board of Zoning Appeals may impose such other conditions, requirements or limitations concerning the design, development and operation of trailer parks as it may deem necessary for the protection of adjacent properties and the public interest.
(Ord. 196. Passed 11-21-63.)

CHAPTER 1153
Billboards and Outdoor Advertising

1153.01 Billboards prohibited.
1153.02 Existing billboards.
1153.03 Erection of signs restricted.
1153.04 Signs; general provisions.
1153.05 Signs in residential districts.
1153.06 Signs in commercial and industrial districts.
1153.07 Exemptions.
1153.08 Abandoned signage.
1153.09 Permits.

CROSS REFERENCES

Power to regulate – see Ohio R.C. 715.27
Advertising – see BUS. REG. Ch. 701
Billboards and signboards defined – see P. & Z. 1101.04(14)
Real estate and professional signs in R-1 District – see P. & Z. 1117.03(e)
Permitted in B-1 Neighborhood Business District – see P. & Z. 1129.01(e)

1153.01 BILLBOARDS PROHIBITED.

Billboards are prohibited within the Municipality of Bellaire.
(Ord. 92-013. Passed 5-7-92.)

1153.02 EXISTING BILLBOARDS.

All billboards which were in existence prior to the passage of Section 1153.01 can remain in existence. However, those billboards established on or after November 23, 1963, can remain in existence if set back from the established right-of-way line of any street or highway at least as far as the required front yard depth for a principal building in such districts. For every square foot by which such signs or billboards exceed eighty square feet, such setback shall be increased by one-half foot but such setback need not exceed 100 feet from the established right of way of each such highway or thoroughfare in any case and it does not face the front or side lot line of any lot in any R-District within 100 feet of such lot line, or which faces any public parkway, public square or entrance to any public park, public or parochial school, library, church or similar institution, within 300 feet thereof. If any existing billboard or outdoor advertising display is removed or disassembled by the owner, is destroyed or is condemned due to lack of maintenance and unsafe conditions it cannot be replaced.
(Ord. 92-013. Passed 5-7-92.)

1153.03 ERECTION OF SIGNS RESTRICTED.

No sign shall be erected in any zoning district except as hereinafter provided.
(Ord. 92-013. Passed 5-7-92.)

1153.04 SIGNS; GENERAL PROVISIONS.

(a) Height. No part of any free-standing sign shall exceed an above-grade height of fifteen feet.

(b) Projection. No part of any projection sign shall extend more than twenty-four inches from the building upon which it is located. No part of any wall-mounted sign shall extend more than twelve inches from the building on which it is located.

(c) Movement. No sign shall incorporate movement or the illusion of movement. Flashing signs shall not be permitted.

(d) Illumination. Internally illuminated signs shall be constructed so as to allow the illumination of only letters, numbers or other identifying symbols on the display surface. Internally illuminated signs shall not exceed 800 milliampere fluorescent tubes mounted not closer than twelve inches on center. External illumination shall be installed so that the light source is not visible and reflects away from adjoining premises. No external light source shall be located or arranged so as to cause confusion or a hazard to traffic or conflict with traffic control signals. No light shall pass through the background.

(e) Lettering. There shall be not more than two styles nor more than three sizes of lettering used for any sign including characters or trademarks used for identification.

(f) Colors. Not more than four colors, including black and white, shall be used on any sign.

(g) Signs in Public Right of Way. No sign, except exempted signs, shall be placed on or above the public right of way.

(h) Changeable Copy. Changeable copy shall be prohibited except for bulletin boards to be used by public and semipublic institutions and motion picture theaters.

(i) Directory Signs. All directory signs shall be wall-mounted signs.

(j) Construction or Subdivision Signs. Total area of signs used to advertise the erection of a building or subdivision, including such information as the building, engineer, etc., shall not exceed thirty-two square feet and shall be permitted for a period of not more than thirty days plus the construction period or a maximum of one year, whichever is more. There shall be only one sign per project. Such signs shall be not closer than fifteen feet to any public right of way.

(k) Political Signs. Political signs pertaining to the election of one or more persons to public office or to one or more public issues shall be erected not sooner than thirty days prior to the general or special election at which the office is to be filled. Political signs shall not be greater than thirty-two square feet in signs area and may not be located in nor closer than ten feet to any public right of way.

(l) For Sale/for Rent/for Lease. Signs not exceeding thirteen square feet in area advertising the sale, rental or lease of the premises on which the sign is located shall be permitted on any property, except that a maximum size of sign of six and one-half square feet per display surface shall be permitted in any residential district. Signs advertising the sale, rental or lease of property may be located only on the property for sale, rental or lease, and not more than one sign shall be permitted on any property for sale, rental or lease. Signs advertising the sale of real estate shall not remain longer than ten days following the closing on such property. Real estate “open house” signs shall be permitted only when the property is open for inspection and shall be permitted only on the property open for inspection.

(m) Off-Premises Sign. Off-premises signs shall be prohibited.

(n) Incidental Signs. Incidental signs shall be excluded in the computation of sign area and shall not exceed twenty square feet in total area for all such signs. Placement of public utility locational signs shall be held to a minimum.

(o) Product Signs. Product signs shall be displayed only on the inside of windows and shall not occupy more than twenty-five percent (25%) of the available window area.

(p) Pennants/Streamers/Banners/Temporary Signs. Pennants, streamers, banners and temporary signs are prohibited except for business flags as described below.

(q) Business Flags. Business flags, not exceeding on per parcel and displaying the corporate or business emblem or seal, may be displayed if flown on a vertical staff or pole and in conjunction with the national flag. Such business flags shall be flown on the same staff or pole and below the national flag or on a separate staff or pole at a lower level than the national flag if such separate staff or pole is not in front of the national flag. The business flag shall not be larger than the national flag and in no instance exceed three feet in width or five feet in length. The business flags shall not display a product and shall contain no advertising copy.

(r) Roof Signs. Roof signs shall not be permitted.

(s) Maintenance. All signs shall be reasonably maintained as needed.

(t) Traffic Visibility. No signs shall be erected in any manner to interfere with vehicular or pedestrian safety.
(Ord. 92-013. Passed 5-7-92.)

1153.05 SIGNS IN RESIDENTIAL DISTRICTS.

(a) Signs advertising a home occupation shall be wall-mounted, nonilluminated and not more than one square foot in area. There shall be not more than one sign per building.

(b) In any residential district in the Municipality, no sign or other identifying symbol denoting the name or address of an owner or tenant of a dwelling shall be erected that is in excess of two square feet in area. In computing the area of such sign, all faces on which symbols or letters are displayed are to be considered sign area. No permit shall be required for the erection of such sign.

(c) A single permanent sign identifying a subdivision or other single or multi-family development may be erected provided such sign is not larger than twenty square feet and is not closer than two feet to any street or alley right of way. In a large residential development of twenty or more acres, one sign, not more than twenty square feet in area may be erected at each principal entrance provided that total sign area does not exceed sixty square feet for all such signs.

(d) An owner, occupant(s) or person(s) having control of a residential, industrial, commercial or public building shall display the numerical address of the building in Arabic numbers not less than three inches in height.

(1) The color of the numbers shall contrast to the color of the surface on which they are mounted and the numbers shall have an unobstructed view from the street on which the building is numbered.
(2) The numbers shall be placed on the front of the building facing the street on which the building is numbered.
(3) For buildings not having entrance doors facing the street on which the buildings are numbered, numbers of all units within such building shall be placed either on the wall of the building facing the street on which the building is numbered or on a sign in compliance with this section.
(4) The owner of a residential building may post additional sets of address numbers provided that one set complies with the provisions of this section.
(5) Whoever violates this section or any part thereof, upon being notified in writing of such violation by the Mayor or his designee, shall have thirty days in which to comply with the provisions of this section. Upon expiration of the thirty days and failure to comply with the provisions of this section within that period, the owner, occupants, or persons having control of a building shall be deemed in violation. Each subsequent day shall constitute a separate violation.

(Ord. 92-013. Passed 5-7-92.)

1153.06 SIGNS IN COMMERCIAL AND INDUSTRIAL DISTRICTS.

(a) In a commercial or industrial district, each business shall be permitted one wall-mounted sign. Projections of wall-mounted signs shall not exceed one foot measured from the face of the main wall of the building.

(b) The area of all permanent wall advertising signs for any single business enterprise shall be limited according to the widths of the building or part of the building occupied by such enterprise. For the purposes of this section, width shall be measured along the building face nearest parallel to the street line. In the case of a corner lot, either frontage may be used in determining maximum area of the sign. Such sign shall be erected on the designated frontage used in computing allowable sign area.

(c) Free-standing signs may be erected provided the sign does not exceed fifteen feet in height and does not have a total sign area of more than sixty percent (60%) of the total sign area allowed for under subsection (d)(4) hereof. The sixty percent (60%) total sign area applies whether a free-standing sign is used exclusively or in conjunction with other signs and is to be located not closer than ten feet to a public right of way or thirty-five feet to an adjoining property line. There shall be no more than one free-standing sign per parcel.

(d) The area of all permanent advertising signs for any single building shall be equivalent to one and one-half square feet of sign area for each lineal foot of width of the building, but shall not exceed a maximum area of 100 square feet. In computing the area of freestanding projection, or wall signs, all faces on which advertising is displayed are considered sign area. In the Commercial District, each business shall be permitted on wall-mounted sign based on the one and one-half square feet of sign area per lineal foot of building frontage occupied by the business, even though the total sign area of all wall-mounted signs exceeds 100 square feet for the building frontage. This shall apply as well to integrated shopping and office areas not regulated by this chapter. This shall in no way affect the limitations imposed on total square footage.

(e) Gasoline service stations whose principal business is the sale of motor fuel may display signs in addition to those hereinabove authorized. Such signs shall be limited to the following:

(1) One double-faced sign not exceeding five square feet on a side is permitted for each set of motor fuel pumps identifying “self service” or “full service”.
(2) Signs, not exceeding three in number, with each sign being single or double-faced having a total aggregate area including the sign frame and surrounding surfaces of not more than fifteen square feet on each side are permitted for the display of motor fuel price information. The top of such signs shall not extend more than five feet above the finished grade of the service station. Such signs may be fixed or portable but not be located nearer to the street than the motor fuel pump islands that are nearest such street and such signs shall not be internally illuminated. These signs are limited to the identification of the grade or type of motor fuel sold and the price.
(3) Signs limited to the identification of the brand name, logo or type of fuel sold and other signs as may be required by law shall be permitted on the motor fuel pumps. No signs projecting above the pumps are permitted.
(4) Any such signs as may be required by law.

(Ord. 92-013. Passed 5-7-92.)

1153.07 EXEMPTIONS.

(a) Public notice by governmental bodies and traffic control signs are exempt from the provisions of this chapter.

(b) Signs in existence prior to the passage of Section 1153.03 through Section 1153.05 are exempt from this chapter.
(Ord. 92-013. Passed 5-7-92.)

1153.08 ABANDONED SIGNAGE.

(a) If any sign becomes abandoned in the manner defined herein, such sign shall be declared a public nuisance. An abandoned sign is defined as any sign that meets any one of the following criteria:

(1) Any sign associated with an unlawful nonconforming use.
(2) Any conforming sign that remains after the termination of a business if the business has ceased operations and is closed to the public for at least 180 days or six months within a twelve-month period. Seasonal businesses are exempt from this determination.
(3) Any nonconforming sign that remains after the termination of a business.

(b) Upon determining that a sign is abandoned, the Building Inspector shall made a reasonable effort to notify, in writing, the owner of the property on which the sign is located. Upon receiving notification that an abandoned sign exists on his property, the owner shall have the abandoned sign removed within thirty days or shall file an appeal to the Board of Zoning Appeals under the procedure prescribed in Chapter 1129. The filing of such an appeal shall stay the time for removal of the sign pending decision of the Board of Zoning Appeals. If the Board upholds the decision of the Building Inspector, the abandoned sign shall be removed within thirty days of the Board’s decision. If thereafter the property owner does not remove the sign, the Mayor shall instruct the Solicitor to take appropriate steps to have the sign removed at the owner’s expense.
(Ord. 92-013. Passed 5-7-92.)

1153.09 PERMITS.

(a) A separate permit shall be required for the erection of signs regulated in this Zoning Ordinance, except that no permit shall be required for real estate signs with an area of thirteen square feet or less for the sale or lease of property, professional name plates not exceeding two square feet in area, and for small announcement signs with an area of less than two square feet. Announcement signs shall be removed by the person or persons responsible for posting same within five days after the event.

(b) Each application for a sign permit shall be accompanied by a drawing showing the design proposed, the size, style, and color of letters, lines and symbols, method of illumination; the exact location of the sign in relation to the building and property; and the details and specifications for construction. A fee of four dollars and fifty cents ($4.50) plus twenty-five cents ($.25) per square foot shall accompany each application for a sign permit. Signs of sixteen square feet or less shall not be subject to the fee of twenty-five cents ($.25) per square foot. Fees are hereby exempted for public or semipublic, religious or educational institutions.
(Ord. 92-013. Passed 5-7-92.)

(c) In the event an application for a signed permit is denied, the owner shall have the right to file an appeal to the Board of Examiners as created under Chapter 1341 of the Building Code. Upon receipt of the appeal, the Board shall follow the same procedures currently set forth in existing Section 1341.02. In the event the Board finds that the sign as requested by the owner is in conformity with Chapter 1153, the Board shall order the issuance of a permit. The Board shall also have the power to grant, deny, or modify a permit by issuing a variance of the standards set forth in Chapter 1153 giving consideration to the following factors:

(1) The type of businesses, buildings, and signage currently in existence in the neighborhood in which the proposed sign is sought;
(2) The effect the placing of such sign as requested by the owner may have upon adjoining properties with respect to quiet enjoyment, property values, and other relevant considerations of ownership interests held by adjoining property owners;
(3) The type of business to be operated by the owner and the need for the type of signs sought by the owner;
(4) A consideration of whether the proposed sign is in conformity with the purposes and policies of Chapter 1153.

(Ord. 92-031. Passed 11-5-92.)

CHAPTER 1157
Service Stations and Garages

1157.01 Entrances; distance requirements.
1157.02 Oil draining.

CROSS REFERENCES

Gasoline pumps – see BUS. REG. 723.01
Automobile repair defined – see P. & Z. 1101.04(7) et seq.
Automobile service station or filling station defined – see P. & Z. 1101.04(10)
Public garage defined – see P. & Z. 1101.04(37)
Permitted in B-1 District – see P. & Z. 1129.01(d)

1157.01 ENTRANCES; DISTANCE REQUIREMENTS.

No gasoline filling station, parking lot for twenty-five or more motor vehicles or parking garage or automobile repair shop, shall have an entrance or exit for vehicles within 200 feet along the same side of a street as any school, public playground, church, hospital, public library or institution for dependents or for children, except where such property is in another block or on another street which the lot in question does not abut.
(Ord. 196. Passed 11-21-63.)

1157.02 OIL DRAINING.

No gasoline filling station or public garage shall be permitted where any oil draining pit or visible appliance for any such purpose, other than filling caps, is located within ten feet of any street lot line or within twenty-five feet of any R-District, except where such appliance or pit is within a building.
(Ord. 196. Passed 11-21-63.)

CHAPTER 1161
Integrated Planned Development Projects
(Residential and Commercial)

1161.01 General provisions.
1161.02 Findings of Commission.
1161.03 Commission to investigate.
1161.04 Commercial developments; requirements and standards.
1161.05 Residential developments; requirements and standards.
1161.06 Final plan.
1161.07 Submission of plans to Council.
1161.08 Council action.

CROSS REFERENCES

Zoning applies to housing projects – see Ohio R.C. 3735.44
Council to hold public hearing – see Ohio R.C. 713.12
Planning Commission established – see ADM. Ch. 143
Shopping center defined – see P. & Z. 1101.04(70) et seq.
District changes and regulation amendments – see P. & Z. Ch. 1197

1161.01 GENERAL PROVISIONS.

The owner of a tract of land containing not less than the minimum area required in this chapter, may submit to the Planning Commission for its review, a preliminary plan for the use and development of such tract of land for:

(a) An integrated shopping center, provided the tract is located at or near a proposed shopping center shown on the Land Use Plan; or

(b) For a residential community development project, provided it is located in an R-District.
(Ord. 196. Passed 11-21-63.)

1161.02 FINDINGS OF COMMISSION.

In accepting such a plan for review, the Planning Commission must be satisfied that the proponents of the development project are financially able to carry out the project; that they intended to start construction within one year of the approval by Council of the project or of the effective date of any necessary change in zoning, whichever is later; and that they intend to complete the development within a reasonable time as determined by the Commission.
(Ord. 196. Passed 11-21-63.)

1161.03 COMMISSION TO INVESTIGATE.

It shall be the duty of the Planning Commission to investigate and ascertain whether the location, size and other characteristics of the site in the proposed plan comply with the following conditions:

(a) That the proposed project is consonant with the provisions of this Zoning Code;

(b) That it will not adversely affect neighboring property;

(c) That the project is at a location where traffic congestion does not exist at present on the streets to be utilized in conjunction therewith, and where such congestion will not likely be created as a result of the project;

(d) That the plan of the project provides for integrated and harmonious design of buildings and for adequate and properly arranged facilities for internal traffic circulation, off-street parking and loading, landscaping and such other features and facilities as may be necessary to make the project attractive and efficient from the standpoint of the developer, as well as from the standpoint of the adjoining or surrounding, existing or potential developments.
(Ord. 196. Passed 11-21-63.)

1161.04 COMMERCIAL DEVELOPMENTS; REQUIREMENTS AND STANDARDS.

If the proposed development is for a shopping center, the Planning Commission shall be guided by the following requirements and standards:

(a) The minimum site area for a neighborhood shopping center shall be two acres and the minimum site area for a shopping center larger than the neighborhood type shall be ten acres.

(b) The permitted uses in the case of a neighborhood shopping center shall be those permitted in the B-1 District, Chapter 1129, and the uses permitted in larger shopping centers shall be those permitted in the B-2 District, Chapter 1133.

(c) Building height and yard requirements shall be the same as those prescribed for the district in which the proposed project is to be located. However, no building shall be less than fifty feet from any boundary of the site of the center.

(d) The ground area occupied by all the buildings shall not exceed in the aggregate twenty-five percent of the total area of the site.

(e) Notwithstanding any other provisions of this Zoning Code, there shall be provided one off-street parking space for each 150 square feet of rental floor space, not including basement storage space, and there shall be provided at least one off-street loading or unloading space for each 10,000 square feet or fraction thereof of aggregate floor space of buildings in the center. At least one-third of the loading space shall be sufficient in area and vertical clearance to accommodate trucks of the tractor-trailer type.
(Ord. 196. Passed 11-21-63.)

1161.05 RESIDENTIAL DEVELOPMENTS; REQUIREMENTS AND STANDARDS.

If the proposed development is a residential community development project, the Planning Commission shall be guided by the following requirements and standards:

(a) The minimum site area for a residential community development project shall be three acres if the project is to be located in the R-2 District, and two acres if it is to be located in the R-3 District;

(b) Permitted uses shall be those permitted in the R-3 District;

(c) Building height and yard requirements shall be the same as in the R-3 District;

(d) The average lot area per family or dwelling unit contained in the site shall be not less than eighty percent of the lot area per family required in the R-2 or R-3 District where located;

(e) If the project contains twenty acres or more, at least five percent of the acreage of such site shall be developed as a neighborhood playground or playgrounds. If the site contains less than twenty acres, the required area of play lots shall be 2,000 square feet for the first fifty dwelling units plus thirty square feet for each additional dwelling unit in excess of fifty; and

(f) There shall be at least one off-street parking space for each dwelling unit. Service drives and other service facilities shall be located entirely within the project site.
(Ord. 196. Passed 11-21-63.)

1161.06 FINAL PLAN.

Upon determination by the Planning Commission that the proposed development project as shown in the preliminary plan thereof conform to the requirements of all applicable provisions of this Zoning Code, the proponent shall prepare and submit a final development plan, which plan shall incorporate any changes or modifications required or suggested by the Commission.
(Ord. 196. Passed 11-21-63.)

1161.07 SUBMISSION OF PLANS TO COUNCIL.

The final development plan shall be submitted by the Planning Commission together with its reports and recommendations to Council, and Council shall hold a public hearing on both the development plan and the application for any necessary changes in zoning where shopping centers are involved.
(Ord. 196. Passed 11-21-63.)

1161.08 COUNCIL ACTION.

Following such a public hearing, Council may modify the plan of the project consistent with the intent and purposes to be served by the provisions of this chapter and other provisions of this Zoning Code and may change the zoning of the site to the classification permitting the proposed development in conformity with the final plan as approved at that time. Minor modifications and adjustments or rearrangements of such plan may be authorized by the Planning Commission after approval and adoption by Council.
(Ord. 196. Passed 11-21-63.)

CHAPTER 1165
Performance Standards

1165.01 General requirements.
1165.02 Existing uses.
1165.03 Review of certain new uses.

CROSS REFERENCES

Nonconforming uses – see P. & Z. Ch. 1113
M Manufacturing District; permitted uses – see P. & Z. 1141.01
Administration, enforcement and penalty – see P. & Z. Ch. 1189
Unsafe buildings – see BLDG. Ch. 1341

1165.01 GENERAL REQUIREMENTS.

No land or structure in any district shall be used or occupied in any manner so as to create a dangerous, injurious, noxious or otherwise objectionable fire, explosion or other hazard; noise or vibration, smoke, dust, odor or other form of air pollution; heat, cold, dampness, electrical or other substance, condition or element; in such a manner or in such amount as to adversely affect the adjoining premises or surrounding area, referred to herein as “dangerous or objectionable elements”. However, any use permitted or not prohibited by this Zoning Code may be established and maintained if it conforms to the provisions of this chapter.
(Ord. 196. Passed 11-21-63.)

1165.02 EXISTING USES.

(a) Review. Whenever it is alleged that a use of land or structure creates or is likely to create or otherwise produce dangerous or objectionable elements, the Board of Zoning Appeals shall make a preliminary investigation of the matter and shall forward its report, together with all preliminary findings and evidence, to Council. In the event that the Board concurs in the allegation that there exist or are likely to be created such dangerous or objectionable elements, it shall request Council to authorize the employment of a competent specialist or testing laboratory for the purpose of determining the nature and extent of such dangerous or objectionable elements and of practicable means of remedying such condition.

(b) Enforcement. Upon receipt of the findings and recommendations of such specialist or laboratory, the Board may approve, partially approve or disapprove the measures recommended therein and instruct the Building Inspector to proceed with the enforcement of such measures in accordance with the provisions of Chapter 1189.

(c) Cost of Investigation. The Municipality shall bear the costs of the various tests, consultant fees or other investigations which are required herein. The owner of the property under investigation shall reimburse the Municipality for all such expenses in the event that operation or use of such property is found to be in violation of the provisions of this chapter, by the Board, or, if contested by a court of competent jurisdiction. Such reimbursement shall be made within thirty days from the date of the final Board ruling or court judgment.
(Ord. 196. Passed 11-21-63.)

1165.03 REVIEW OF CERTAIN NEW USES.

(a) Review of Application for Building Permit or Certificate of Occupancy. Applications for building permits or zoning certificates, together with plans and specifications for the manufacture or processing of materials listed in subsection (b) hereof, and of such other uses which may be of similar characteristics in the opinion of the Building Inspector shall be referred by him to the Board of Zoning Appeals. The Board shall cause such plans and specifications to be examined by a competent specialist or laboratory in the manner prescribed in Section 1165.02.

(b) Uses Subject to Review. The following uses shall be subject to such performance standard review:

(1) Manufacturing involving the primary production of the following products from raw materials: asphalt, cement, charcoal and fuel briquettes; aniline dyes, ammonia, carbide, caustic soda, cellulose, chlorine, carbons black and bone black, creosote, hydrogen and oxygen, industrial alcohol, nitrates of explosive nature, potash, plastic materials and synthetic resins, pyroxylin, rayon yard and hydrochloric, nitric, phosphoric, picric, and sulphuric acids; coal, coke and tar compound, explosives, fertilizers, gelatin, animal glue and size; gas manufacturing, unless incidental to a principal use; turpentine, matches, rubber, soaps and fat rendering.
(2) Processing involving the following: nitrating of cotton or other materials; magnesium foundry; reduction, refining and smelting of metal or metal ores; refining of petroleum products, such as gasoline, kerosene, naphtha, lubricating oil and the distillation of wood or bones; storage, curing or tanning of raw, green or salted hides or skins; melting and alloying of metals; stockyards and slaughter houses, except for poultry; slag piles; storage of fireworks or explosives, except where incidental to a permitted principal use.

(c) Continual Compliance. Any use authorized under the provisions of this chapter shall comply continually therewith and shall remedy any additional dangerous or objectionable elements which may develop in the course of its operation.

(d) Costs of Review. The applicant shall bear the actual costs of all tests and investigations required under this section, which shall be in addition to the usual building and zoning permit fees prescribed by this Zoning Code.
(Ord. 196. Passed 11-21-63.)

CHAPTER 1169
Extraction of Minerals

1169.01 General requirements.
1169.02 Financial ability of applicant.
1169.03 Application; contents and procedure.
1169.04 Rehabilitation.

CROSS REFERENCES

Surface and grades – see S.U. & P.S. Ch. 907
Mineral defined – see P. & Z. 1101.04(60)
R-1 Residence District – see P. & Z. Ch. 1117
M Manufacturing District – see P. & Z. Ch. 1141
Board of Zoning Appeals – see P. & Z. Ch. 1193

1169.01 GENERAL REQUIREMENTS.

Any person having an interest in mineral lands in any R-1 or M District may file with the Board of Zoning Appeals an application for authorization to mine minerals therefrom. However, he shall comply with all requirements of the District in which such property is located and with the following additional requirements:

(a) Distance from Property Lines. No quarrying operation shall be carried on or any stock pile placed closer than fifty feet to any property line, unless a greater distance is specified by the Board where such is deemed necessary for the protection of adjacent property. However, this distance requirement may be reduced to twenty-five feet by written consent of the owner of the abutting property.

(b) Distance from Public Right of Way. In the event that the site of the mining or quarrying operation is adjacent to the right of way of any public street or road, no part of such operation shall take place closer than twenty-five feet to the nearest line of such right of way.

(c) Fencing. Fencing shall be erected and maintained around the entire site or portions thereof where, in the opinion of the Board, such fencing is necessary for the protection of the public safety, and shall be of a type specified by the Board.

(d) Equipment. All equipment and machinery shall be operated and maintained in such a manner as to minimize dust, noise and vibration. Access roads shall be maintained in dust-free condition by surfacing or other treatment as may be specified by the Engineer.

(e) Processing. The crushing, washing and refining or other similar processing may be authorized by the Board as an accessory use. However, such accessory processing shall not be in conflict with the use regulations of the District in which the operation is located.
(Ord. 196. Passed 11-21-63.)

1169.02 FINANCIAL ABILITY OF APPLICANT.

In accepting such plan for review, the Board of Zoning Appeals must be satisfied that the proponents are financially able to carry out the proposed mining operation in accordance with the plans and specifications.
(Ord. 196. Passed 11-21-63.)

1169.03 APPLICATION; CONTENTS AND PROCEDURE.

An application for such operation shall set forth the following information:

(a) The name of the owner or owners of land from which removal is to be made;

(b) The name of the applicant making request for such a permit;

(c) The name of the person or corporation conducting the actual removal operation;

(d) The location, description and size of the area from which the removal is to be made;

(e) The location of the processing plant used;

(f) The type of resources or materials to be removed;

(g) The proposed method of removal and whether or not blasting or other use of explosives will be required;

(h) A description of the equipment to be used; and

(i) The method of rehabilitation and reclamation of the mined area. Upon receipt of such application, the Board of Zoning Appeals shall set the matter for a public hearing in accordance with the provisions of Chapter 1193.
(Ord. 196. Passed 11-21-63.)

1169.04 REHABILITATION.

To guarantee the restoration, rehabilitation and reclamation of mined-out areas, every applicant granted a mining permit as herein provided shall furnish a performance bond running to the Municipality, in an amount of not less than one thousand dollars ($1,000) and not more than ten thousand dollars ($10,000), as a guarantee that such applicant, in restoring, reclaiming and rehabilitating such land, shall, within a reasonable time and to the satisfaction of the Board of Zoning Appeals, meet the following minimum requirements:

(a) Surface Rehabilitation. All excavation shall be made either to a water producing depth, such depth to be not less than five feet below the low water mark, or shall be graded or backfilled with non-noxious, noninflammable and noncombustible solids to secure:

(1) That the excavated area shall not collect stagnant water; or
(2) That the surface of such area, which is not permanently submerged, is graded or backfilled as necessary so as to reduce the peaks and depressions thereof in order to produce a gently running surface that will minimize erosion due to rainfall, and which will be in substantial conformity to the adjoining land area.

(b) Vegetation Restoration. Vegetation shall be restored by appropriate seeds of grasses or planting of shrubs or trees in all parts of such mining area where such area is not to be submerged under water as hereinabove provided.

(c) Banks of Excavations Not Backfilled. The banks of all excavations not backfilled shall be sloped to the water line at a slope which shall not be less than three feet horizontal to one foot vertical, and such bank shall be seeded.

(d) Additional Requirements. In addition to the foregoing, the Board may impose such other conditions, requirements or limitations concerning the nature or extent of the use and operation of such mines, quarries or gravel pits as the Board may deem necessary for the protection of adjacent properties and the public interest. Such conditions and the amount of the performance bond shall be determined by the Board prior to issuance of the permit.
(Ord. 196. Passed 11-21-63.)

CHAPTER 1173
Lots of Record

1173.01 Dwelling on.
1173.02 Minimum yards.

CROSS REFERENCES

Dwelling defined – see P. & Z. 1101.04(28) et seq.
Lot defined – see P. & Z. 1101.04(47) et seq.
Lot of record defined – see P. & Z. 1101.04(59)
Yard defined – see P. & Z. 1101.04(89) et seq.
Side yard, least width, how measured – see P. & Z. 1101.04(94)
Height and yard modifications – see P. & Z. Ch. 1177
Lot area requirements – see P. & Z. Ch. 1185

1173.01 DWELLING ON.

In any district where dwellings are permitted, a one-family detached dwelling may be erected on any lot of official record at the effective date of this Zoning Code, irrespective of its area or width, the owner of which does not own any adjoining property, provided the applicable yard and other open space requirements are complied with as nearly as possible.
(Ord. 196. Passed 11-21-63.)

1173.02 MINIMUM YARDS.

In no case shall the width of any side yard be less than ten percent of the width of the lot, and on a corner lot the width of the side yard adjoining the side street lot line shall not be less than eight feet or twenty percent of the frontage, whichever is the greater. In no case shall the depth of the rear yard be less than ten feet.
(Ord. 196. Passed 11-21-63.)

CHAPTER 1177
Height and Yard Modifications

1177.01 Other limitations not applicable.
1177.02 Front yards.
1177.03 Computation of rear and side yards.
1177.04 Side yard modifications.
1177.05 Rear and side yards reduced.

CROSS REFERENCES

Height of building defined – see P. & Z. 1101.04(18)
Yard defined – see P. & Z. 1101.04(89) et seq.
Side yard, least width, how measured – see P. & Z. 1101.04(94)
Yard requirement along zoning boundaries – see P. & Z. 1109.07
Yard projections – see P. & Z. Ch. 1181

1177.01 OTHER LIMITATIONS NOT APPLICABLE.

The height limitations stipulated elsewhere in this Zoning Code shall not apply to the following:

(a) Barns, silos or other farm buildings or structures on a farm; church spires, belfries, cupolas and domes; monuments, water towers, fire and hose towers, observation towers, transmission towers, windmills, chimneys, smokestacks, flag poles, radio towers, masts and aerials; and parapet walls extending not more than four feet above the limiting height of the building.

(b) Places of public assembly in churches, schools and other permitted public and semipublic buildings, provided that these are located on the first floor of such buildings and that for each three feet by which the height of such building exceeds the maximum height otherwise permitted in the district, its side and rear yards shall be increased in width or depth by an additional foot over the side and rear yards required for the highest building otherwise permitted in the district.

(c) Bulkheads, elevator penthouses, water tanks, monitors and scenery lofts, provided no linear dimension of any such structure exceeds fifty percent of the corresponding street lot line frontage; or to towers and monuments, fire towers, hose towers, cooling towers, grain elevators, gas holders or other structures, where the manufacturing process requires a greater height.

All such structures above the heights otherwise permitted in the district shall not occupy more than twenty-five percent of the area of the lot and shall be distant not less than fifty feet in all parts from every lot line not a street lot line.
(Ord. 196. Passed 11-21-63.)

1177.02 FRONT YARDS.

(a) In any R-District, where the average depth of at least two existing front yards on lots within 100 feet of the lot in question and within the same block front is less or greater than the least front yard depth prescribed elsewhere in this Zoning Code, the required depth of the front yard on such lot shall be modified. In such case, this shall not be less than the average depth of such existing front yards on the two lots immediately adjoining, or, in the case of a corner lot, the depth of the front yard on the lot immediately adjoining. However, the depth of a front yard on any lot shall be at least ten feet and need not exceed fifty feet.

(b) In any R-District where the natural grade of a lot within the required front yard has an average slope, normal to the front lot line at every point along such line, of such a degree or percent of slope that it is not practicable to provide a driveway with a grade of twelve percent or less to a private garage conforming to the requirements of this Zoning Code, such garage may be located within such front yard, but not in any case closer than six feet to the street line.

(c) Buildings on lots having frontage on two nonintersecting streets need not have a rear yard if an equivalent open space is provided on the lot in lieu of such required rear yard; however, applicable front yard must be provided on both streets.
(Ord. 196. Passed 11-21-63.)

1177.03 COMPUTATION OF REAR AND SIDE YARDS.

In computing the depth of a rear yard or the width of a side yard, where the rear or side yard abuts an alley, one-half of the width of the alley may be included as a portion of the required rear or side yard, as the case may be. However, no side yard shall be less at any point than three feet, and no rear yard less than ten feet.
(Ord. 196. Passed 11-21-63.)

1177.04 SIDE YARD MODIFICATIONS.

(a) Each side yard, where required, shall be increased in width by two inches for each foot by which the length of the side wall of the building, adjacent to the side yard, exceeds forty feet.

(b) Side yard width may be varied where the side wall of a building is not parallel with the side lot line or is broken or otherwise irregular. In such case the average width of the side yard shall not be less than the otherwise required least width. However, such side yard shall not be narrower at any point than one-half the otherwise required least width, or narrower than three feet in any case.

(c) A side yard along the side street lot line of a corner lot, which lot abuts in the rear, either directly or across an alley, the side lot line of another lot in an R-District, shall have a width of not less than one-half the required depth of the front yard on such other lot fronting the side street.
(Ord. 196. Passed 11-21-63.)

1177.05 REAR AND SIDE YARDS REDUCED.

The depth of a rear yard or width of each side yard may be reduced by four inches for each foot by which a lot, at the time of enactment of this Zoning Code, is less than 100 feet deep or less than fifty feet wide. However, no side yard shall be less at any point than three feet, or less, in the case of a side yard along a side street lot line, than five feet; and no rear yard shall be less than ten feet.

The width of one side yard may be reduced, when authorized by the Board of Zoning Appeals, in the case of a one-family or two-family dwelling, to a width of not less than three feet; provided the sum of the widths of the two side yards is not less than the required minimum, and the distance between the proposed dwelling and another dwelling, existing or proposed, on an adjacent lot, is not less than the required minimum sum of the widths of two side yards. However, such reduction may be authorized only when the Board finds it warranted by the location of existing buildings or conducive to the desirable development of two or more lots.
(Ord. 196. Passed 11-21-63.)

CHAPTER 1181
Yard Projections

1181.01 Projection of architectural features.
1181.02 Fences, walks and hedges.

CROSS REFERENCES

Yard defined – see P. & Z. 1101.04(89) et seq.
Height and yard modifications – see P. & Z. Ch. 1177

1181.01 PROJECTION OF ARCHITECTURAL FEATURES.

Certain architectural features may project into required yards or courts as follows:

(a) Into any required front yard or required side yard adjoining a side street lot line:

(1) Cornices, canopies, eaves or other architectural features may project a distance not exceeding two feet, six inches.
(2) Fire escapes may project a distance not exceeding four feet, six inches.
(3) An uncovered stair and necessary landings may project a distance not to exceed six feet, provided such stair and landing shall not extend above the entrance floor of the building except for a railing not exceeding three feet in height.
(4) Bay windows, balconies and chimneys may project a distance not exceeding three feet, provided that such features do not occupy, in the aggregate, more than one-third of the length of the building wall on which they are located.

(b) Subject to the limitations in subsection (a) hereof, the above-named features may project into any required side yard adjoining an interior side lot line, a distance not to exceed one-third of the required least width of such side yard, but not exceeding three feet in any case.

(c) Subject to the limitation in subsection (b) hereof, the features named therein may project into any required rear yard to the same distances they are permitted to project into a front yard.
(Ord. 196. Passed 11-21-63.)

1181.02 FENCES, WALKS AND HEDGES.

Fences, walks and hedges may be located in required yards as follows:

(a) If not exceeding at any point four feet in height above the elevation of the surface
of the ground at such point, they may be located in any yard.

(b) If not exceeding at any point six feet in height above the elevation of the surface
of the ground at such point, they may be located in any required rear yard or
side yard.
(Ord. 196. Passed 11-21-63.)

CHAPTER 1185
Lot Area Requirements

1185.01 Public sanitary facilities not available.

CROSS REFERENCES

Lot area defined – see P. & Z. 1101.04(57)
Lots of record – see P. & Z. Ch. 1173

1185.01 PUBLIC SANITARY FACILITIES NOT AVAILABLE.

In any district, where neither public water supply nor public sanitary sewer is accessible, the otherwise specified lot area and frontage requirements, if less than the following, shall be: lot area 20,000 square feet and lot frontage at the building line 100 feet. However, where a public water supply system is accessible and will be installed, these requirements shall be 10,000 square feet, and seventy-five feet, respectively.
(Ord. 196. Passed 11-21-63.)

CHAPTER 1189
Administration, Enforcement and Penalty

1189.01 Enforcement by Zoning Inspector.
1189.02 Filing plans.
1189.03 Zoning certificate.
1189.04 Inspector to act on application.
1189.05 Fees.
1189.06 Violations.
1189.07 Equitable remedies.
1189.99 Penalty.

CROSS REFERENCES

Violation of zoning ordinances – see Ohio R.C. 713.13
Nonconforming uses, retroactive measures – see Ohio R.C. 713.15
Effects of districting and general regulations – see P. & Z. Ch. 1109
Board of Zoning Appeals powers – see P. & Z. 1193.06

1189.01 ENFORCEMENT BY ZONING INSPECTOR.

There is hereby established the office of Zoning Inspector. It shall be the duty of the Zoning Inspector to enforce this Zoning Code in accordance with the Administrative provisions of the Building Code of the Municipality and this Zoning Code. All departments, officials and public employees of the Municipality vested with the duty or authority to issue permits or licenses, shall conform to the provisions of this Zoning Code and shall issue no permit or license for any use, building or purpose in conflict with the provisions of this Zoning Code. Any permit or license, issued in conflict with the provisions of this Zoning Code shall be null and void.
(Ord. 196. Passed 11-21-63.)

1189.02 FILING PLANS.

(a) Every application for a zoning certificate shall be accompanied by plans in duplicate, drawn to scale in black line or blue print, showing the actual shape and dimensions of the lot to be built upon or to be changed in its use, in whole or in part, the exact location, size and height of any building or structure to be erected or altered; in the case of a proposed new building or structure or proposed alteration of an existing building or structure as would substantially alter its appearance, drawings or sketches showing the front, side and rear elevations of the proposed building or structure or of the structure as it will appear after the work for which a permit is sought shall have been completed; the existing and intended use of each building or structure or part thereof; the number of families or housekeeping units the building is designed to accommodate; and, when no buildings are involved, the location of the present use and proposed use to be made of the lot; and such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of this Zoning Code. One copy of such plans shall be returned to the owner when such plans shall have been approved by the Zoning Inspector, together with such zoning certificate as may be granted. All dimensions shown on these plans relating to the location and size of the lot to be built upon, shall be based on actual survey. The lot and the location of the Building thereon shall be staked out on the ground before construction is started.

(b) In every case where the lot is not provided and is not proposed to be provided with public water supply and/or the disposal of sanitary wastes by means of public sewers, the application shall be accompanied by a certificate of approval by the Health Commissioner of the County of the proposed method of water supply and/or the disposal of sanitary wastes.
(Ord. 196. Passed 11-21-63.)

1189.03 ZONING CERTIFICATE.

(a) No owner shall use or permit the use of any structure, building, land or part thereof, hereafter created, erected, changed, converted or enlarged, wholly or partly, until a zoning certificate, which may be a part of the building permit, shall have been issued by the Zoning Inspector. Such zoning certificate shall show that such building or premises or part thereof, and the proposed use thereof, are in conformity with the provisions of this Zoning Code. It shall be the duty of the Zoning Inspector to issue a zoning certificate, provided he is satisfied that the structure, building or premises, and the proposed use thereof, and the proposed methods of water supply and disposal of sanitary wastes, conform with all applicable requirements of this Zoning Code.

(b) No permit for excavation or construction shall be issued by the Zoning Inspector unless the plans, specifications and the intended use conform to the provisions of this Zoning Code.
(Ord. 196. Passed 11-21-63.)

1189.04 INSPECTOR TO ACT ON APPLICATION.

The Zoning Inspector shall set upon all such applications on which he is authorized to act by the provisions of this Zoning Code within thirty days after they are filed in full compliance, with all the applicable requirements. He shall either issue a zoning certificate within such thirty days or shall notify the applicant in writing of his refusal of such certificate and the reasons therefor. Failure to notify the applicant in case of such refusal within the thirty days shall entitle the applicant to a zoning certificate, unless the applicant consents to an extension of time.
(Ord. 196. Passed 11-21-63.)

1189.05 FEES.

No fee shall be charged for an original zoning certificate applied with the application for a building permit, where such permit is required and issued under the Building Code of the Municipality.

For all other zoning certificates the zoning fee shall be fifty dollars ($50.00).
(Ord. 93-015. Passed 9-16-93.)

1189.06 VIOLATIONS.

No person shall locate, erect, construct, reconstruct, enlarge, change, maintain or use any building or land in violation of any of the provisions of this Zoning Code, or any amendment or supplement thereto adopted by Council.
(Ord. 196. Passed 11-21-63.)

1189.07 EQUITABLE REMEDIES.

In case any building is or is proposed to be located, erected, constructed, reconstructed, enlarged, changed, maintained or used or any land is or is proposed to be used in violation of this Zoning Code or any amendment or supplement thereto, Council, the Solicitor, the Building Inspector or any adjacent or neighboring property owner may, in addition to other remedies provided by law, institute appropriate action or proceedings to prevent such unlawful location, erection, construction, reconstruction, alteration, conversion, maintenance or use; to restrain, correct or abate such violation; to prevent the occupancy of such building, structure or land; or to prevent any illegal act, conduct, business or use in or about such premises.
(Ord. 196. Passed 11-21-63.)

1189.99 PENALTY.

Whoever violates any of the provisions of this Zoning Code shall be fined not more than one hundred dollars ($100.00). Each and every day during which a location, erection, construction, reconstruction, enlargement, change, maintenance or use continues shall be deemed a separate offense.
(Ord. 196. Passed 11-21-63.)

CHAPTER 1193
Board of Zoning Appeals

1193.01 Creation; appointment.
1193.02 Procedure.
1193.03 Quorum.
1193.04 Assistance from other departments.
1193.05 Applications, appeals hearings and stay of proceedings.
1193.06 Powers.
1193.07 Interpretation of Zoning Map.
1193.08 Administrative review and variance.

CROSS REFERENCES

Appeals from zoning decisions – see Ohio R.C. 713.11
Village Planning Commission established – see ADM. 143.01
Additional uses, permitted and prohibited – see P. & Z. 1109.02, 1109.03
Nonconforming uses or buildings – see P. & Z. Ch. 1113
Investigation of existing uses – see P. & Z. 1165.02
To authorize mining of minerals – see P. & Z. 1169.01
Zoning certificate – see P. & Z. 1189.03

1193.01 CREATION; APPOINTMENT.

There is hereby created a Board of Zoning Appeals. The Board shall consist of five members who shall be residents of the Municipality. The members shall be appointed by the Mayor subject to confirmation by Council for terms of three years, except that of those first appointed one shall serve for one year, two for two years, and two for three years. Vacancies shall be filled in the same manner for the unexpired term. The members of the Board shall serve at such compensation as may be fixed by ordinance and each member shall serve until his successor is appointed and qualified. Members of the Board may be removed by the Mayor for cause, upon written charges and after public hearing. The Mayor may appoint, for a term of three years, an alternate member of the Board in addition to the five members above provided for, who shall act, with full power, only when a member of the Board refuses to vote because of interest. The Board may employ a secretary and other employees.
(Ord. 196. Passed 11-21-63.)

1193.02 PROCEDURE.

The Board of Zoning Appeals shall organize, elect its chairman and adopt rules for its own government in accordance with this chapter. Meetings of the Board shall be held at the call of the Chairman, and at such other times as the Board may determine.

Such Chairman, or in his absence the Acting Chairman, may administer oaths and the Board may compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, of if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be public record.
(Ord. 196. Passed 11-21-63.)

1193.03 QUORUM.

Three members of the Board of Zoning Appeals shall constitute a quorum. The Board shall act by resolution, and the concurring vote of three members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Zoning Inspector or any other administrative official or to decide in favor of an applicant in any matter on which it is required to pass under this Zoning Code, or to grant any variance from the requirements stipulated in this Zoning Code. The grounds of every such determination shall be stated.
(Ord. 196. Passed 11-21-63.)

1193.04 ASSISTANCE FROM OTHER DEPARTMENTS.

The Board of Zoning Appeals may call upon the Village departments for assistance in the performance of its duties, and it shall be the duty of such departments to render such assistance to the Board as may reasonably be required.
(Ord. 196. Passed 11-21-63.)

1193.05 APPLICATIONS, APPEALS, HEARINGS AND STAY OF PROCEEDINGS.

(a) Applications. An application, in cases in which the Board of Zoning Appeals has original jurisdiction under the provisions of this Zoning Code, may be taken by any property owner, including a tenant, or by a governmental officer, department, board or bureau. Such application shall be filed with the Zoning Inspector who shall transmit the same to the Board.

(b) Appeals. An appeal to the Board may be taken by any person aggrieved or by any officer, department, board or bureau of the Municipality affected by any decision of the Zoning Inspector. Such appeal shall be taken within twenty days after the decision, by filing with the Zoning Inspector or with the Board, a notice of appeal specifying the grounds thereof. The Zoning Inspector shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.

(c) Hearings. The Board shall fix a reasonable time for the hearing of the application or appeal, given ten days public notice thereof, as well as notice to the parties in interest, and decide the same within a reasonable time. Each application or appeal shall be accompanied by a check, payable to the Treasurer, or a cash payment, sufficient in amount to cover the cost of publishing and/or posting and mailing the notices of the hearing or hearings, but in not event shall it be less than fifteen dollars ($15.00). At the hearing, any party may appear in person or be represented by an agent or attorney.

(d) Appeal from Decisions of the Board. Any person or persons, jointly or severally aggrieved by the decision of the Board, may appeal to the Court of Common Pleas of Belmont County, that such decision is unreasonable or unlawful Such petition shall be presented to the court within thirty days after the filing of the decision in the office of the Board.

(e) Decisions of the Board. The Board shall decide all applications and appeals within thirty days after the final hearing thereon. A certified copy of the Board’s decision shall be transmitted to the applicant or appellant and to the Zoning Inspector. Such decision shall be binding upon the Zoning Inspector and observed by him, and he shall incorporate the terms and conditions of the same in the permit to the applicant or appellant, whenever a permit is authorized by the Board.

A decision of the Board shall not become final until the expiration of five days from the date such decision is made, unless the Board shall find the immediate taking effect of such decision is necessary for the preservation of property or personal rights and shall so certify on the record.

(f) Stay of Proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Zoning Inspector certifies to the Board, after notice of appeal shall have been filed with him, that by reason of acts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board or by the Court of Common Pleas on application, on notice to the Zoning Inspector or by judicial proceedings, and on due cause shown.
(Ord. 196. Passed 11-21-63.)

1193.06 POWERS.

The Board of Zoning Appeals shall have the following powers:

(a) The Board shall have the power to hear and decide, in accordance with the provisions of this Zoning Code, applications filed as hereinbefore provided for conditional uses, special exceptions or for interpretation of the Zoning Map; or for decisions upon other special questions on which the Board is authorized to pass. In considering an application for a conditional use, a special exception or interpretation of the Zoning Map, the Board shall give due regard to the nature and condition of all adjacent uses and structures; and in authorizing a conditional use or special exception, the Board may impose such requirements and conditions with respect to location, construction, maintenance and operation, in addition to those expressly stipulated in this Zoning Code for the particular conditional use or special exception, as the Board may deem necessary for the protection of adjacent properties and the public interest.

(b) In addition to permitting the conditional uses and special exceptions hereinbefore specified, the Board shall have the power to permit the following conditional uses and special exceptions:

(1) Nonconforming uses; substitution. The substitution of a nonconforming use existing at the time of enactment of this Zoning Code, by another nonconforming use, if no structural alterations except those required by law or resolution are made may be permitted by the Board. However, in an R-District no change shall be authorized by the Board to any use which is not a permitted or conditional use in any R-District, and in a B-District no change shall be authorized to any use which is not a permitted or conditional use in any B-District.
(2) Nonconforming uses; extension. The extension of a nonconforming building upon the lot occupied by such building, or on an adjoining lot, provided that such lot was under the same ownership as the lot in question at the time the use of such building became a nonconforming use may be permitted by the Board, provided that the value of such extension shall not exceed in all twenty-five percent of the assessed valuation for tax purposes of the existing building devoted to a nonconforming use, and that such extension shall be within a distance of not more than fifty feet of the existing building or premises. In addition, such extension shall in any case be undertaken within five years of the enactment of this Zoning Code; and the Board shall not authorize any extension or enlargement which would result in extending the useful life of a nonconforming building, or which would result in violation of the provisions of this Zoning Code with respect to any adjoining premises.
(3) Extension of use on border of district. The extension of a use or building into a more restricted district immediately adjacent thereto, but not more than twenty-five feet beyond the dividing line of the two districts, under such conditions as will safeguard development in the more restricted district may be permitted by the Board.
(4) Conditional industrial uses. The Board may permit in any M District any of the industries or uses listed in Section 1141.02. In doing so, the Board may require the installation, operation and maintenance in connection with the proposed use of such devices or such methods of operation, as may, in the opinion of the Board, be reasonably required to prevent or reduce fumes, gas, dust, smoke, odor, water-carried waste, noise, vibration or similar objectionable features, and may impose such conditions regarding the extent of open spaces between such industries or uses and surrounding properties as will tend to prevent or reduce the harm which might otherwise result from the proposed use of surrounding properties and neighborhoods.
(5) Temporary structures and uses. The temporary use of a structure or premises in any District for a purpose or use that does not conform to the regulations prescribed elsewhere in this Zoning Code for the District in which it is located may be permitted by the Board, provided that such use be of a temporary nature and does not involve the erection of a substantial structure. A zoning certificate for such use shall be granted in the form of a temporary and revocable permit, for not more than a twelve month period, subject to such conditions as will safeguard the public health, safety, convenience and general welfare.
(Ord. 196. Passed 11-21-63.)

1193.07 INTERPRETATION OF ZONING MAP.

Where the street or lot layout actually on the ground or as recorded, differs from the street and lot lines as shown on the Zoning Map, the Board of Zoning Appeals after notice to the owners of the property and after public hearing, shall interpret the map in such a way as to carry out the intent and purpose of this Zoning Code. In case of any question as to the location of any boundary line between zoning districts, a request for interpretation of the Zoning Map may be made to the Board and a determination shall be made by the Board.
(Ord. 196. Passed 11-21-63.)

1193.08 ADMINISTRATIVE REVIEW AND VARIANCE.

(a) The Board of Zoning Appeals shall have the power to hear and decide appeals filed as hereinbefore provided, where it is alleged by the appellant that there is error in any order, requirement, decision, determination, grant or refusal made by the Zoning Inspector or other administrative official in the enforcement and interpretation of the provisions of this Zoning Code.

(b) The Board shall have the power to authorize upon appeal in a specific case, filed as hereinbefore provided, such variances from the terms, provisions or requirements of this Zoning Code as will not be contrary to the public interest, but only in such cases where, owing to special conditions pertaining to a specific piece of property, a literal enforcement of the provisions of requirements of such Code will result in practical difficulty or undue hardship, so that the spirit of the Code shall be observed, public safety and welfare secured and substantial justice done.

(c) Where, by reason of the exceptional narrowness, shallowness or unusual shape of a specific piece of property on the effective date of this Zoning Code, or by reason of exceptional topographic conditions, or other extraordinary situations or conditions of such a piece of property immediately adjoining the piece of property in question, the literal enforcement of the requirements of such Code would involve practical difficulty or would cause unnecessary hardship, the Board shall have the power to relieve such hardship, so that the spirit and purpose of this Zoning Code shall be observed and substantial justice done.

In authorizing a variance, the Board may attach thereto such conditions regarding the location, character and other features of the proposed structure or use as it may deem necessary in the interest of the furtherance of the purposes of the Zoning Code and in the public interest. In authorizing a variance with attached conditions, the Board shall require such evidence, guarantee, bond, surety or other security as it may deem necessary to enforce compliance with the conditions attached to the variance.

(d) No such variance in the provisions or requirements of this Zoning Code shall be authorized by the Board unless the Board finds, beyond reasonable doubt, that all of the following facts and conditions exists:

(1) That there are exceptional or extraordinary circumstances or conditions applying to the property in question, or to the intended use of the property, that do not apply generally to other properties or classes of uses in the same zoning district;
(2) That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same zoning district and in the same vicinity;
(3) That the authorizing of such variance will not be of substantial detriment to adjacent property and will not materially impair the purposes of this Zoning Code or the public interest; and
(4) That the condition or situation of the specific piece of property, or the intended use of such property, for which variance is sought, or one or the other or both in combination, is not of so general or recurrent a nature as to make reasonably practicable the formulation of a general regulation for such conditions or situations.

(e) In exercising its power, the Board may, in conformity with the provisions of Statute and of this Zoning Code, reverse or affirm, wholly or partly or modify the order, requirement, decision or determination appealed from, and make such order, requirement, decision or determination as ought to be made, and to that end has all the powers of the office from whom the appeal is taken.
(Ord. 196. Passed 11-21-63.)

CHAPTER 1197
District Changes and Regulation Amendments

1197.01 Council may amend.
1197.02 Procedure.

CROSS REFERENCES

Basis of districts – see Ohio R.C. 713.10
Council may amend districting or zoning – see Ohio R.C. 713.10
Council to hold public hearing – see Ohio R.C. 713.12
Planning Commission established – see ADM. Ch. 143
Effects of districting and general regulations – see P. & Z. Ch. 1109

1197.01 COUNCIL MAY AMEND.

Whenever the public necessity, convenience, general welfare or good zoning practice require, Council may by ordinance, after recommendation thereon by the Planning Commission and subject to the procedure provided for in this Chapter, amend, supplement or change the regulations, district boundaries or classifications of property, now or hereinafter established by this Zoning Code or amendments thereof. It shall be the duty of the Commission to submit its recommendations regarding all applications or proposals for amendments or supplements. An amendment, supplement, reclassification or change may be initiated by the Commission on its own motion or by a verified application of one or more of the owners or lessees of property within the area proposed to be changed or affected by this Zoning Code.
(Ord. 196. Passed 11-21-63.)

1197.02 PROCEDURE.

Applications for any change of district boundaries or classifications of property as shown on the Zoning Map shall be submitted to the Planning Commission at its public office, upon such forms and accompanied by such data and information as may be prescribed for that purpose by the Commission, so as to assure the fullest practicable presentation of facts for the permanent record. Each such application shall be verified by at least one of the owners or lessees of property within the area proposed to be reclassified, attesting to the truth and correctness of all facts and information presented with the applications. Applications for amendments initiated by the Commission itself shall be accompanied by its own motion pertaining to such proposed amendments.

(a) Any person desiring a change in the zoning classification of property shall file with the application for such change a statement giving the names and addresses of the owners of all properties lying within 150 feet of any part of the exterior boundaries of the premises of which the zoning classification is proposed to be changed.

(b) Before submitting its recommendations on a proposed amendment or reclassification to Council, the Commission shall hold at least one public hearing thereon, notice of which shall be given by one publication in a newspaper of general circulation in the Municipality at least thirty days before the date of such hearing. The notice shall state the place and time at which the proposed amendment to the Zoning Code, including text and maps, may be examined.

(c) Following such hearing the Commission may recommend that the application be granted as requested, it may recommend a modification of the zoning amendment requested in the application or it may recommend that the application not be granted. These recommendations shall then be certified to Council.

(d) After receiving from the Commission the certification of the recommendations on the proposed amendment or amendments and before adoption of such amendment, Council shall hold a public hearing thereon as required by Ohio R.C. 713.12. At least thirty days notice of the time and place of such hearing shall be given by one publication in a newspaper of general circulation in the Municipality.

(e) Following such hearing and after reviewing the recommendations of the Commission thereon, Council shall consider such recommendations and vote on the passage of the proposed amendment to the text of the Zoning Code or the Zoning Map. Council may overrule the recommendations of the Commission by a three-fourths vote of the full membership of Council.

(f) Each application for a zoning amendment, except those initiated by the Commission, shall be accompanied by a check payable to the Treasurer, or a cash payment sufficient in the amount to cover the costs of publishing, posting and/or mailing notices of hearings, but in no event shall it be less than twenty-five dollars ($25.00).
(Ord. 196. Passed 11-21-63.)