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Ada City Zoning Code

CHAPTER 1137

Effects of Districting and General Regulations

1137.01 CONFORMANCE REQUIRED.

   Except as hereinafter specified, no land building, structure or premises shall hereinafter be used, and no building or parts 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.
(Ord. 92-8. Passed 7-7-92.)
 

1137.02 ADDITIONAL USES; COMMISSION DETERMINATION.

   Uses other than those specifically mentioned in this Zoning Ordinance as permitted uses in each of the districts may also be allowed therein, provided that, in the judgement of the Commission, as evidence 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. 92-8. Passed 7-7-92.)
 

1137.03 PROHIBITED USES.

   Within the limits of the Village, no building or premises shall be used and no building shall be erected which is arranged, intended, or designed to be used for any of the following specified purposes:
   (a)   Petroleum refining, blending or mixing of gasoline, benzyl, kerosene or any volatile petroleum derivative.
   (b)   Cement; lime gypsum or plaster of Paris manufacturer.
   (c)   Chlorine of hydrochloric, nitric, piric or sulfuric acid manufacture or the smelting of any metallic ore.
   (d)   The manufacture of storage of explosives or hazardous waste in any manner. Explosives, hazardous waste, or toxic materials shall be handled and disposed of in accordance with Ohio and Federal Environment Agency rules and regulations.
   (e)   Slaughterhouse, distillation of bones, fat rendering, fertilizer manufacture or glue manufactures.
   (f)   Hair manufacture, reduction of dumping of offal or dead animals.
   (g)   Trailer or Mobile Home unless located in a Mobile Home Park District as provided for in Chapter 1161.
      (Ord. 96-11. Passed 8-6-96.)
 

1137.04 ADDITIONAL PROHIBITED USES; COMMISSION DETERMINATION.

   Uses other than those specifically prohibited in this Zoning Ordinance in any district shall also be prohibited there-from provided that in the judgement of the Commission, as evidence 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. 92-8. Passed 7-7-92.)
 

1137.05 CONVERSIONS 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 a similar occupancy would be permitted under this Zoning Ordinance 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, dimensions of yards and other open spaces and off-street parking. Each conversion shall be subject also to such further requirements as may be specified hereinafter within the chapter applying to such district.
(Ord. 92-8. Passed 7-7-92.)
 

1137.06 YARD REQUIREMENTS ALONG ZONING BOUNDARY LINE IN THE LESS RESTRICTED DISTRICT.

   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 Ordinance, 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 boundary line.
(Ord. 92-8. Passed 7-7-92.)
 

1137.07 ACCESSORY BUILDINGS IN R-RESIDENTIAL DISTRICTS; WITHOUT MAIN BUILDING.

   In any R-Residential district, no accessory building or structure shall be erected or constructed prior to the erection or construction of the principal or main building (exception – contractor’s temporary building),unless approved by the Board of Zoning & Building Appeals after hearing.
(Ord. 2002-14. Passed 12-3-02.)
 

1137.08 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. 92-8. Passed 7-7-92.)
 

1137.09 STREET FRONTAGE REQUIRED.

   Except as permitted by other provisions of this Zoning Ordinance, no lot shall contain any building used in whole or part for residential purposes unless such lot abuts for at least fifty (50) feet on a street: and there shall not be more than one (1) single family dwelling for such frontage. A dwelling otherwise in compliance with any section of this ordinance may be erected on any lot separately owned on the effective date of this ordinance or any lot in a recorded subdivision that was in record on the effective date of this Zoning Ordinance.
(Ord. 92-8. Passed 7-7-92.)
 

1137.10 TRAFFIC VISIBILITY ACROSS CORNER LOTS.

   In any R-Residential district on any corner lot, no fence, structure or planting shall be erected or maintained within twenty-five (25) feet if the corner (the point of intersection of the right-of-way lines), which interferes with traffic visibility across the corner.
(Ord. 92-8. Passed 7-7-92.)
 

1137.11 REQUIRED AREA OR SPACE CANNOT BE REDUCED.

   No lot, yard, court, parking area or other space shall be reduced in area or dimension so as to make said area if dimension less than the minimum required by this Zoning Ordinance. No part of the required yard area shall be used for parking or building purposes.
(Ord. 92-8. Passed 7-7-92.)
 

1137.12 OFF-STREET PARKING AND LOADING.

   In every district, spaces for off-street parking and for off-street loading and loading shall be provided in accordance with the provisions of Chapter 1166.
(Ord. 92-8. Passed 7-7-92.)
 

1137.13 ACCESSORY USES IN R-RESIDENTIAL DISTRICTS.

   (a)   Accessory Buildings in R-Residential Districts – 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 structures. Except as provided in Chapter 1175, no necessary building shall be erected in any required yard except a rear yard and shall not occupy more than thirty-five (35) percent of a required rear yard. Unattached accessory buildings shall be distant at least six (6) feet from any dwelling situated on the same lot. For accessory building of 150 square feet or less a five (5) feet set back is required. For accessory buildings over 150 square feet the setback in the district, which the building is located, shall apply.
   (b)   Accessory Buildings in R-Residential District. In any R-Residential district where the rear of a lot fronts a street, no part of any accessory building shall be nearer the lot line than thirty (30) feet.
   (c)   Accessory Buildings in R-Residential Districts – Front Setback. No accessory use or structure in any R-Residential district, shall be permitted nearer to front lot line than sixty (60) feet, unless such use or structure is contained within or constitutes an integral part of the main building. Provided that in case of a corner lot where the owner has chosen the longer street lot line and all side and rear lot line requirements are met in accordance with this Zoning Ordinance.
   (d)   Accessory Building in R-Residential District –Yard Requirements. Except as provided in Chapter 1175 , 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 requirements for a principal building of the same height and other dimensions as said accessory building.
(Ord. 92-8. Passed 7-7-92.)
 

1137.14 ESSENTIAL SERVICES.

   Essential services shall be permitted as authorized and Regulated by law and other ordinances of the Village subject to review by the Board.
(Ord. 92-8. Passed 7-7-92.)
 

1137.15 UNSAFE BUILDINGS.

   Nothing in this Zoning Ordinance shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by proper authority (Building Permit is required).
(Ord. 92-8. Passed 7-7-92.)
 

1137.16 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 Ordinance, the construction of which shall have been started prior to the effective date of this Zoning Ordinance.
(Ord. 92-8. Passed 7-7-92.)
 

1137.17 RESERVED.

   (EDITOR’S NOTE: This section was deleted by Ordinance 95-5.)
 

1137.18 RESERVED.

   (EDITOR’S NOTE: This section was deleted by Ordinance 95-5.)
 

1137.19 ADVANCED TECHNOLOGY EQUIPMENT.

   A cable television disc, roof mounted solar heating panels, ground mounted solar heating panels and similar objects may be erected in all districts as long as all set backs and height requirements are met. These objects can not take part of the required yard area nor can they block the neighbor’s sunlight.
(Ord. 92-8. Passed 7-7-92.)
 

1137.20 REAR YARD SETBACKS IN R-RESIDENTIAL DISTRICTS.

   No structure, excluding fences, shall be erected closer than five (5) feet to any existing easement or property line. Fences may be erected within an easement with the understanding that this is an encroachment and will be, if necessary, removed and replaced at the owner’s expense.
(Ord. 92-8. Passed 7-7-92.)   
 

1137.21 BILLBOARDS AND SIGNBOARDS PROHIBITED.

   Billboards or signboards, as defined in Section 1133.01(18) of the Codified Ordinances of Ada, shall be prohibited. This prohibition shall not apply to temporary signs pertaining to ballot issues.
(Ord. 2006-03. Passed 5-16-06.)
 

1137.22 PORTABLE STORAGE UNITS WITHIN ALL ZONING DISTRICTS.

   (a)   For the purposes of this section, “portable storage unit” means any enclosed unit designed and used primarily for temporary storage of personal property and to be transported by vehicle and left on site on a limited basis.
   (b)   Portable storage units are permitted as a temporary use for a period not to exceed ninety days within any one year period.
   (c)   Portable storage units must be located outside the Village right of way and in such manner as not to impair a motor vehicle operator’s view of other motor vehicles, bicycles or pedestrians upon entering or exiting a right of way.
   (d)   Portable storage units may not exceed a size of nine (9) feet wide by sixteen (16) feet long. All portable storage units in excess of such size and the stacking of portable storage units are prohibited.
   (e)   No person, firm or corporation shall place a portable storage unit upon any lot or tract of land without first submitting an application for a permit to the Zoning Inspector and securing approval therefor, nor shall any person, firm or corporation having obtained a permit allow such placement to continue after the expiration of the period set forth in subsection (b) herein. A nonrefundable fee of twenty-five dollars ($25.00) shall accompany the completed application, which shall be paid into the Village treasury. Whoever violates any provision of this section is guilty of a minor misdemeanor. Each and every day of violation shall be deemed a separate offense. (Ord. 2009-03. Passed 2-17-09.)