Amherst City Zoning Code
CHAPTER 1141
I-1 Industrial District
1141.01 USE REGULATIONS.
In an I-1 District, land may be used for and buildings and structures may be erected, altered or enlarged for the following:
(a) Manufacturing, assembling, fabricating, servicing, warehousing and related uses of goods, wares, merchandise, articles, substances or compounds which are not combustible, pollutive, inflammable or explosive and will not cause fumes, odors, vapors, radiation, dust, smoke, noise, illumination, vibration or other objectionable disturbances beyond the originating premises.
(b) Accessory uses and structures customarily accessory and incidental to any of the foregoing permitted uses shall be allowed, except for those uses prohibited in any I-1 Industrial District. No accessory buildings shall be outside the setback boundaries.
(c) Night Operations: No building customarily used for night operations, such as a trucking terminal, bakery or milk bottling and distributing station, shall have any opening other than stationary windows or required fire exits, within 500 feet of any residential district, and any space used for loading or unloading commercial vehicles in connection with such an operation shall not be within 500 feet of any residential district.
(d) Prohibited Uses: Dwellings and residences of any kind, including motels; also schools, hospitals, clinics and other institutions for human care shall not be authorized, except where they are incidental to a permitted principle use.
(e) Uses Requiring Large Amounts of Water: Laundries, creameries and other uses requiring large amounts of water shall obtain a written statement from the Director of Public Service certifying that the existing sanitary sewers are adequate to accommodate the proposed use before a permit is granted. A written statement from the Public Service Director certifying that the industrial use of water will not affect the pressure availability of water to the residential users, shall also be required.
(g) Churches and other places of worship or religious institutions, including parsonages or convents, but excluding temporary buildings such as tabernacles or tents.
(Ord. 20-13. Passed 3-23-20.)
1141.02 AREA REGULATIONS.
(a) Buffer Area. There shall be a minimum setback area from any residential district of 300 lineal feet, which shall remain open, unoccupied and maintained by the property owner. This area shall not include any front, side or rear yard area.
(b) Frontage. There shall be a minimum frontage of 150 lineal feet of each parcel paralleling an improved, dedicated and accepted street or highway.
(c) Front Yard. There shall be a minimum front yard setback from the street right-of- way line of sixty (60) lineal feet, which shall establish the building line and which area shall be used only for approved landscaping and access driveways.
(d) Side Yard. On any corner parcel, there shall be a minimum side yard setback from the street right-of-way line sixty (60) lineal feet in width for the full depth of the parcel as it abuts the streets and side yard of twenty-five (25) lineal feet in width along the full depth of the next abutting parcel. For all other parcels, there shall be two (2) side yards, each having a minimum width of twenty-five (25) lineal feet for the full depth of the parcel. In addition to the prescribed landscaping, such side yards may be used only for access driveways.
(e) Rear Yard. There shall be a rear yard utility right-of-way easement area of not less than twenty (20) lineal feet in width along each parcel property line which may be within the setback area required under subsection (a) hereof. For abutting parcels within the I-1 District, the subject easement shall include the abutting ten (10) lineal feet on each side of the property line. All poles, wires, conduits and other accessories for telephone, electricity and other services shall be located upon and over the rear twenty (20) feet of any lot, tract or parcel and shall not be located adjacent to any street or improved road. In addition to any applicable easement right-of-way area, there shall be a rear yard of not less than twenty-five (25) lineal feet in width along the full width of each parcel, which area, in addition to the prescribed landscaping, may be used for approved access driveways.
All areas not otherwise occupied by building structures, streets, driveways, sidewalks, parking lots or storage areas shall be landscaped and maintained with sod, trees, shrubbery or other approved appurtenances.
Except for authorized transporting, parking, recreation and storing, all business operations shall be conducted inside of the designed buildings. No minor street as defined in Section 1103.26 of the Subdivision Regulations may be used for access to this district.
(Ord. 20-13. Passed 3-23-20.)
1141.03 BUILDING REGULATIONS.
(a) Floor Area. Minimum floor area of each building shall be 5,000 square feet.
(b) Building Height. No building or structure, excluding water towers, antennae or flag poles, shall exceed forty (40) feet in height above the grade level.
(c) Exterior Finish. All building exteriors shall be constructed of brick, sandstone, limestone, glass or other compatible materials equivalent thereto.
(Ord. 20-13. Passed 3-23-20.)
1141.04 PARKING, LOADING AND STORING.
(a) On-Street Parking and Storing. Except for emergency repairs, on-street parking or storing of vehicles or materials shall be prohibited.
(b) Off-Street Parking and Loading.
(1) Access driveways. The maximum number of access driveways per parcel shall not exceed two (2) and each driveway shall not exceed twenty-five (25) lineal feet in width.
(2) Location. No parking or loading facilities shall be permitted in the front yard setback area of any parcel nor located closer to the street line than fifteen (15) lineal feet behind the front of any building.
(3) Minimum parking spaces. There shall be a minimum of one (1) parking space of not less 200 square feet exclusive of access drives or aisles, per two (2) employees as determined for the highest attended work shift, such parking space to be of usable shape and condition.
(4) Exterior storage. All open areas used for the storage of materials of any type shall be enclosed by an approved translucent wall or fence of not less than seven (7) feet in height and in no case shall the storage of such materials exceed the height of the wall or fence. Such storage areas shall not include the front, side or rear yard setback areas and shall not exceed 1,000 square feet per parcel.
(5) Loading spaces. Buildings having a gross floor area of 10,000 square feet or more, which is occupied by any use requiring the receipt or distribution by vehicles of materials or merchandise, shall be provided on the same lot with such building, at least one (1) off-street loading space plus one (1) additional such loading space for each 20,000 square feet or major fraction thereof of gross floor area so used in excess of 20,000 square feet. Where the floor area of the building exceeds 100,000 square feet, the number of off-street loading spaces shall be determined by the I-1 District Board of Review. Each loading space shall not be less than ten (10) feet in width, twenty-five (25) feet in length, and fourteen (14) feet in height.
(6) Surfacing. Any off-street parking area shall be surfaced with a pavement of sufficient strength to support the vehicular loads imposed on it and to provide a durable 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 so as to provide for orderly and safe loading or unloading and parking and storage of self-propelled vehicles.
Nothing in these regulations shall be construed to prevent collective provision of off-street parking facilities for two (2) or more buildings or uses, provided that the total of such off-street parking spaces supplied collectively shall not be less than the sum of the requirements for the various uses computed separately.
(Ord. 20-13. Passed 3-23-20.)
1141.05 SEXUALLY ORIENTED BUSINESSES
(a) Definitions. As used in this Zoning code:
(1) "Adult arcade" means any place to which the public is permitted or invited where either or both:
A. Motion picture machines, projectors, video or laser disc players, or other video or image-producing devices are available, run via coin, token, or any other form of consideration, to show images to five (5) or fewer persons per machine at any one time; or
B. Live entertainment is available in a format designed for viewing by five (5) or fewer persons at any one time; and where the images shown and/or live entertainment presented are characterized by the depiction or description of specified sexual
activities or specified anatomical areas.
(2) "Adult bookstore," "adult novelty store," or "adult video store" means a commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:
A. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations that are characterized by the depiction or description of specified sexual activities or specified anatomical areas; or
B. Instruments, devices, or paraphernalia, other than prophylactics, that are designed for use in connection with specified sexual activities.
A commercial establishment shall be deemed to have as a principal business purpose the offering for sale or rental of materials depicting or describing specified sexual activities or specified anatomical areas, or materials designed for use in connection with specified sexual activities if: Such commercial establishment devotes more than thirty percent (30%) of its total floor area to such sales or rentals, Such commercial establishment devotes more than thirty percent (30%) of its product display space to such sales or rentals, or on an annual basis, more than thirty percent (30%) of the gross revenues generated by such commercial establishment are attributable to such sales or rentals. A commercial establishment may have other principal business purposes that do not involve offering for sale or rental materials depicting or describing specified sexual activities or specified anatomical areas, or materials designed for use in connection with specified sexual activities, and still be categorized as an adult bookstore, adult novelty store, or adult video store. Such other business purposes will not serve to exempt such a commercial establishment from being categorized as an adult bookstore, adult novelty store, or adult video store so long as one of its principal business purposes is offering for sale or rental for consideration the specified materials, which are characterized by the depiction or description of specified sexual activities or specified anatomical areas or are designed for use in connection with specified sexual activities.
(3) "Adult cabaret" means a nightclub, bar, restaurant, theater, concert hall, auditorium or other commercial establishment that for the purpose of arousing, stimulating or gratifying the sexual desires of employees or customers, features:
A. Persons who appear in a state of nudity or seminudity;
B. Live entertainment characterized by the depiction or description of specified anatomical areas; or
C. Live entertainment of an erotic nature including erotic dancers, strippers, male or female impersonators, or similar entertainment.
(4) "Adult entertainment business" means an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motion picture theater, nude model studio, or sexual encounter center.
(5) "Adult motel" means a hotel, motel or similar commercial establishment that:
A. Offers accommodations to the public for any form of consideration; and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; and has a sign visible from the public right of way which advertises the availability of this sex-oriented type of photographic reproductions;
B. Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or
C. Allows a tenant or occupant of a sleeping room to sublet the room for a period of time that is less than ten (10) hours.
(6) "Adult motion picture theater" means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
(7) "Covering" means any clothing or wearing apparel, including pasties, but does not include any substance that can be washed off the skin, such as paint or make-up, or any substance designed to simulate the appearance of the anatomical area beneath it.
(8) "Employee" means a person who performs any service or work on the premises of any adult entertainment business, including but not limited to providing entertainment, performing work of a management or supervisory nature, or performing functions, on a full-time, part-time or contract basis, whether or not the person is denominated an employee, independent contractor, agent or otherwise and whether or not said person is paid a salary, wage or other compensation by the operator of said business. Employee does not include a person on the premises exclusively for repair or maintenance of the premises or equipment on the premises, or for the delivery of goods to the premises.
(9) "Nude model studio" means any place where a person who appears nude or semi-nude or who displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. "Nude model studio" does not include:
A. A proprietary school licensed by the State of Ohio, or a college, junior college or university supported entirely or in part by public taxation;
B. A private college or university that offers educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or
C. An establishment holding classes in a structure that has no sign visible from the exterior of the structure and no other advertising that indicates a nude or semi-nude person is available for viewing; where in order to participate in a class a student must enroll at least three (3) days in advance of the class; and where no more than one nude or semi-nude model is on the premises at any one time.
(10) "Nudity" or "nude" means exposing to view the genitals, pubic area, vulva, perineum, anus, anal cleft or cleavage, or pubic hair with less than a fully opaque covering; exposing to view any portion of the areola of the female breast with less than a fully opaque covering; exposing to view male genitals in a discernibly turgid state, even if entirely covered by an opaque covering; or exposing to view any device, costume, or covering that gives the appearance of or simulates any of these anatomical areas.
(11) "Parcel of land" means any quantity of land capable of being described with such definiteness that its location and boundaries may be established, and which is designated by its owner or developer as land to be used or developed as a unit or which has been used or developed as a unit.
(12) "Semi-nudity" or "semi-nude" means exposing to view, with less than a fully opaque covering, any portion of the female breast below the top of the areola or any portion of the buttocks. This definition shall include the entire lower portion of the female breast, but shall not include any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other clothing, provided that the areola is not exposed in whole or in part.
(13) "Sexually oriented business" means an adult entertainment business or an adult motel.
(14) "Sexual encounter center" means a business or commercial enterprise that offers for any form of consideration:
A. Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
B. Activities between male and female persons and/or persons of the same sex when one or more of the persons is semi-nude.
(15) "Specified anatomical areas" means:
A. The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or
B. Less than completely and opaquely covered human genitals, pubic region, buttocks or female breast below a point immediately above the top of the areola.
(16) "Specified sexual activities" means any of the following:
A. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;
B. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy; or
C. Excretory functions as a part of or in connection with any of the activities set forth in (1) or (2) above.
(b) Location of Sexually Oriented Businesses. Notwithstanding any other provision of this Zoning code, no sexually oriented business shall be operated or maintained except within an I-1 Industrial District.
(c) Additional Location Restrictions. No sexually oriented business shall be operated or maintained on a parcel of land located within:
(1) Five hundred (500) feet of any parcel of land which is zoned for residential uses;
(2) Five hundred (500) feet of any parcel of land on which a church, state- licensed day care facility, public library, public educational facility that serves persons under the age of eighteen (18) years, elementary school, or public playground is located; or
(3) One thousand (1,000) feet of any parcel of land on which any other existing sexually oriented business is located.
For purposes of this subsection (c) distances shall be measured in a straight line, without regard to intervening structures, from property line to property line, using the closest property lines of the parcels of land involved.
(Ord. 20-13. Passed 3-23-20.)
1141.06 CERTIFICATE OF OCCUPANCY.
(a) A certificate of occupancy shall be applied for and be approved by the I-1 District Board of Review before any building permit is issued for the construction or change in use of a building or use of land in the I-1 District.
(b) An application for a certificate of occupancy for a building and/or land use in the I-1 District shall be accompanied by the following:
(1) A plot plan of land or parcel of land to be used, showing dimensions, location of all existing and proposed buildings, storage areas, utilities, driveways, off-street parking areas, topography, abutting streets, railroads, highways, loading and unloading areas, signs and advertising structures, landscaping, drainage and watercourses, and other topographic features within 200 lineal feet of the parcel lines.
(2) Architectural plans for all proposed buildings, walls, fences, driveways, signs and other permanent structures.
(3) A description of the proposed business operation in sufficient detail to fully describe the nature and extent of the proposed use of each parcel included therein.
(4) Plans or reports describing proposed treatment of any excess traffic conditions, noise, odors, glare, pollution, etc. and the treatment and handling of hazardous gases, liquids or other material.
(5) Plans or reports showing proposed treatment and disposal of sewage and industrial waste.
(6) Description of any fuel to be used, including engineering plans for the control of any pollutants which may be generated therefrom.
(7) Any additional data which may be required by the I-1 District Board of Review to ascertain conformance with requirements of this district.
(8) All pollution control equipment must be fully operative before any production may be started.
(c) A certificate of occupancy for any building and/or land use in the I-1 District must be revoked by the I-1 District Board of Review if, after hearing, the Board of Review finds that the holder of such certificate has failed to comply with the requirements of this district.
(Ord. 20-13. Passed 3-23-20.)
1141.07 I-1 DISTRICT BOARD OF REVIEW.
The I-1 District Board of Review shall consist of the Planning Commission and Council
and procedure shall be as follows:
(a) Submission of Plans. Plans shall be prepared for each proposed development in the I-1 District and five (5) copies of such plan of development shall be submitted to the Planning Commission.
(b) Approval of Plans. When the Planning Commission finds the plans are in accordance with this and other applicable codes of the City, the final development plan shall then be submitted to Council for approval. Approval by Council shall be by a three-fourths (3/4) majority of all elected Councilmen voting in agreement. A three-fourths (3/4) majority of Council voting in agreement shall be required to override the disapproval of the Planning Commission. The plans may be modified by the same procedure. No certificate of occupancy may be issued by the Building Official until such development plan has been approved as provided herein.
(c) Plans of Completed Construction. Upon completion of all or of a significant phase of the approved construction of the development plan, three (3) copies of the plans showing the as-built construction shall be submitted to the City as follows: one each to the Planning Commission, Council and Building Official.
(d) Construction Within 365 Days of Approval of Plans. Failure to begin construction of all or an independent component of the development plan within one year after approval by Council shall void the plan as approved, unless an extension of time has been approved as provided herein.
(Ord. 20-13. Passed 3-23-20.)
1141.99 LIABILITY FOR DAMAGES; PENALTY; OTHER REMEDIES
The land owner of record shall be liable for any and all damages suffered as a result of violations of these regulations.
(a) Fine. Whoever violates any provision of this chapter, or any effective rule or regulation promulgated hereunder, or fails to comply therewith or with any written notice or written order issued hereunder, or whoever refuses to permit lawful entry by the Building Official or other City department heads, or their representatives, and whoever interferes with, obstructs or hinders such Building Official while attempting to make a lawful inspection, shall be fined not more than two hundred fifty dollars ($250.00) for each offense. Each day any such violation of this chapter is committed, continued or permitted shall constitute a separate offense.
(b) Other Remedies. The imposition of any penalty shall not preclude the Law Director from instituting an appropriate action or proceeding in a court of proper jurisdiction to prevent an unlawful repair or maintenance; or to restrain, correct or abate a violation; or to prevent the occupancy of a building, structure or premises; or to require compliance with the provisions of this chapter, or other applicable laws, ordinances, rules or regulations, or the orders or determination of the Building Official or the Board.
(Ord. 20-13. Passed 3-23-20.)