Amherst Township City Zoning Code
CHAPTER 1145
Additional Use, Height and Area Regulations and Exceptions
1145.01 APPLICATION OF CHAPTER.
The district regulations hereinafter set forth in this chapter qualify or supplement, as the case may be, the district regulations appearing elsewhere in this Zoning Code.
(Ord. 65-82. Passed 12-27-65.)
1145.02 PUBLIC BUILDINGS; HEIGHT REGULATIONS.
Public and semipublic service buildings or schools, when permitted in a district, may be erected to a height not to exceed sixty feet, and churches and temples may be erected to a height not to exceed seventy feet if the building is set back from each lot line at least one foot for each foot of additional height above the height limit provided in the district in which it is erected.
(Ord. 65-82. Passed 12-27-65.)
1145.03 MISCELLANEOUS STRUCTURES; HEIGHT REGULATIONS.
Chimneys, cooling towers, elevator bulkheads, fire towers, grain elevators, silos, farm buildings or accessory mechanical appurtenances may be erected to any lawful and safe height.
(Ord. 65-82. Passed 12-27-65.)
1145.04 BUILDING LINES.
(a) The building lines established on lots within a recorded allotment shall prevail over those established in this chapter. Upon acceptance by Council of any subdivision, allotment or dedicated plat, and following the recording thereof with the County Recorder, any building lines shown thereon shall become the building line along the streets shown thereon.
(b) Any addition or alteration to a single-family residence, in any district, may be built with the same side and rear yard requirements as is uniformly established in the subdivision where such property is located in the event that the established side and rear yards are less than provided by the Zoning Code. Any addition or alteration to an existing single-family residence, or construction of a detached building incident thereto, when the single-family residence is more than five years old, may be built with a reduction of fifty percent (50%) of the side and rear yard, and a reduction of ten feet of the front building setback line, required by the Zoning Code whenever the abutting property owner gives written approval thereof on a form provided by the Building Department.
(Ord. 87-9. Passed 2-9-87.)
1145.05 LIMITATIONS ON ACCESSORY BUILDINGS.
(a) Accessory buildings in a R-1, R-2 and R-3 District which are not part of the main building may not be erected nearer than five feet to a side or rear lot line.
(b) Accessory buildings located in R-1 or R-2 Districts shall be limited to a total number of three such buildings per lot and shall be limited in size as follows:
(1) One building not to exceed 576 square feet of ground floor area; and
(2) One building not to exceed 168 square feet of ground floor area; and
(3) One building not to exceed sixty-four square feet of ground floor area.
(Ord. 88-7. Passed 2-22-88.)
(c) No accessory building shall be in excess of sixteen (16) feet in height to the peak of the gable. (Ord. 02-160. Passed 12-9-02.)
1145.06 TEMPORARY ACCESSORY BUILDINGS.
(a) Temporary accessory structures shall include but not be limited to tents, membrane covered structures and canopies as defined in Chapter 4101:1-2 of the Ohio Administrative Code.
(b) Temporary accessory structures for storage of personal property, including, but not limited to, portable storage units(e.g. PODs, Pack-Rat), shipping containers, membrane covered structures, etc. sh all be permitted for a period not to exceed thirty (30) days, may be granted upon written request of good cause and approval by the Building Official. Placement of temporary storage structures shall be as follows:
(1) Shall be on temporarily placed stone or cement binder surface to be removed and restored upon removal of the temporary storage structure, concrete, asphalt or other comparable material as defined in Section 1121.07(31) of these Codified Ordinances.
(2) Shall be located a minimum of five (5) feet from any property line.
(3) Shall be placed ono closer than fifteen (15) feet of the edge of the road, curb line or other established right-of-way.
(4) Shall be placed outside of any public right-of-way and comply with all clearance requirements of overhead power lines pursuant to the National Electric Code.
(5) Shall be placed in a manner which does not obstruct a public walkway.
(6) Shall be placed in a manner which does not create a sightline obstruction for the traveling public.
(7) Shall not be connect to any utilities (i.e. electric, water, gas, sewer, etc.). Exception: Temporary offices for use in conjunction with construction projects shall be permitted to connect to utilities pursuant to the approved building code regulations for industrialized units (I.U.) as listed in “Title One - Standards” of these Codified Ordinances.
(c) Temporary structures, including those used for storage of personal property, that are used in conjunction with construction work are permitted in any district only during the period in which construction work is in progress with removal upon completion of the construction work. Permits are required for the placement of temporary office structures for use in conjunction with construction projects and shall comply with the requirements of Section 1145.06(b) contained herein.
(d) Exclusions. Tents used exclusively for recreational camping purposes shall be exempt from the above requirements provided that no tent for recreational camping purposes shall remain standing for more than fourteen (14) consecutive days. Temporary accessory structures used for special events such as parties, graduations, weddings, yard sales, auctions or other similar events shall be exempt from the above requirements provided no temporary accessory structures for such purposes shall remain standing for more than fourteen (14) consecutive days.
(Ord. 23-27. Passed 5-8-23.)
1145.07 BASEMENT DWELLINGS PROHIBITED.
No basement house or basement church may be erected in any of the districts created under this Zoning Code.
(Ord. 65-82. Passed 12-27-65.)
1145.08 REQUIRED YARDS, PROJECTIONS.
Every part of a required yard shall be open to the sky, except for accessory buildings in the rear yards and except for the ordinary projection of sills, beltcourses, chimneys, cornices and other ornamental features, projections of which are not to exceed two feet.
(Ord. 65-82. Passed 12-27-65.)
1145.09 TERRACES, PLATFORMS.
Terraces, uncovered porches, platforms and ornamental features which do not extend more than two feet above the level of the ground adjoining the first story may project into a required side yard, provided these projections are at least two feet from the adjacent side lot line.
(Ord. 65-82. Passed 12-27-65.)
1145.10 PORCHES.
An unenclosed porch or screened porch shall observe all required yard area space regulations. However, steps to such porch may project into required yard spaces by a distance not to exceed eight feet.
(Ord. 65-82. Passed 12-27-65.)
1145.11 STORAGE OF CARS, CAMPERS, TRAILERS, COMMERCIAL VEHICLES.
Trailers, trailer coaches, camp cars or other cars on or off wheels shall not be permitted on lots or lands in any of the districts created under this Zoning Code. A trailer or a trailer coach may, however, be permitted on an occupied premises when visiting friends or relatives for a period of time not to exceed thirty days. One trailer coach or portable dwelling may be stored on a lot if it is not to be used for living quarters (habitation), provided that all trailers, camp cars and commercial vehicles weighing in excess of 2,000 pounds shall be required to display a current state license plate, legally registered and issued for such vehicle. This section does not apply to recreational vehicles, boat trailers or commercial vehicles being used for major construction and parked on a parcel of land on which the construction is proceeding, since such licensing requirements shall be in accordance with the statutes of the State.
(Ord. 73-19. Passed 4-9-73.)
1145.12 MOBILE HOMES AND TRAILER PARKS PROHIBITED.
(a) Mobile homes and trailer parks shall not be permitted on lots or lands in any of the districts created under this Zoning Code. This section shall not be subject to the appeal procedures provided in Chapter 1125.
(b) This section shall not prohibit the temporary installation of mobile homes, for a period not to exceed 120 days upon a lot where the primary residence has been damaged by fire or other casualty, during the time that such primary residence is being repaired.
(Ord. 87-12. Passed 2-23-87.)
1145.13 AUTOMOBILE YARDS AND DUMPS PROHIBITED
Automobile wrecking yards, dismantling yards or automobile dumps shall not be permitted on lots or lands in any of the districts created under this Zoning Code. One or more automobiles without license plates or with license plates of previous years shall be considered within this category.
(Ord. 65-82. Passed 12-27-65.)
1145.14 OFF-STREET PARKING AND LOADING.
No new building shall be erected or existing building structurally altered or used nor shall any lot or lands or buildings be put to new use after the passage of this Zoning Code (Ordinance 65-82, passed December 27, 1965) unless off-street parking facilities are provided in conformity with the following:
(Ord. 06-27. Passed 3-27-06.)
(a) An area not less than nine feet wide and not less than nineteen feet long, exclusive of access or maneuvering area, and which has a means of ingress and egress from a street or alley shall be deemed parking space for one motor vehicle. Such space shall consist of an all-weather dustless surface constructed of concrete, asphalt or commercial paver material installed in accordance with the manufacturer’s specifications and shall not be encroached upon as long as the herein specified uses remain in the building, unless an equivalent number of parking spaces are provided elsewhere in conformance with this Zoning Code.
(b) The parking spaces required in residential districts shall be equal to the number of families housed in the residence. Such parking spaces shall be located on the same lot with the main building or in the rear yard except as otherwise provided. A garage having a floor area of 200 square feet or multiples thereof shall be recognized as a parking space or spaces. Only one (1) driveway is permitted per approved building lot in a residential district.
(Ord. 18-26. Passed 7-23-18.)
(c) The parking spaces required for any use located in a C-1, C-2, I-1 District shall be located on the same lot or within 500 feet of the permitted use, the distance to be measured along the line of a public access to the property.
(d) Within any residence district which adjoins a C-1, C-2, I-1 District, The Board of Zoning Appeals, after public notice and hearing, subject to appropriate conditions and safeguards, may authorize a modification of the application of the use regulations herein established and permit the location of off-street noncommercial parking spaces for private automobiles, where such use will not seriously injure neighboring properties with appropriate safeguards and has been approved by the Planning Commission.
(e) Off-street automobile parking spaces for each of the specified uses shall be provided in no less than the following amounts:
(1) Single-family, two-family and multiple-family dwellings - one parking space for each dwelling unit.
(2) Hotels - one parking space for each three guests.
(3) Motor court, motel or tourist camp - one parking space for each guest or sleeping room.
(4) Hospitals, nursing home - one parking space for each four patient beds, excluding bassinets, plus one additional space for each staff doctor, plus one additional space for each four employees, including nurses, plus additional parking space for loading and unloading hospital ambulances and similar vehicles.
(5) Medical or dental clinic - three parking spaces for each of the doctors engaged in the clinic, plus one additional space for every two employees.
(6) Funeral home - one parking space for each vehicle owned or utilized by the funeral home, plus one space for every four seats provided for funeral services.
(7) Dance hall or skating rink - one parking space for each sixty-four square feet of dancing or skating area, plus one space for each two employees.
(8) Bowling alley - four parking spaces for each alley, plus one additional parking space for each two employees.
(9) Theater, auditorium, church, stadium, sports arena or similar uses - one parking space for each four seats.
(10) School, college - one parking space for each two employees, including teaching and administrative staff.
(11) Office, professional or public building - two parking spaces for each separate office, plus one additional space for each two employees.
(12) Restaurant or bar - one parking space for each four employees, plus one space for each four seats provided for customers.
(13) In a C-1 or C-2 District parking regulations shall be as follows: one parking space for each 200 square feet of floor area in active use. Motels, hotels and tourist courts shall have one parking space for each transient sleeping room offered for tourist accommodation in addition to parking spaces required for permanent residents of the building.
(14) Industrial and manufacturing establishments - one parking space for each four employees, based on a daily shift.
(15) In case of mixed uses, the parking facilities herein required shall be the sum of the requirements for the various individual uses, computed separately in accordance with the above requirements. Parking facilities for one use shall not be considered as providing the required parking facilities for any other use.
(16) On the same lot with every building, structure or part thereof, erected hereafter to be used for other than dwelling purposes, there shall be provided on the lot adequate space for standing, loading and unloading motor vehicles in order to avoid undue interference with the public use of streets or alleys. Such space shall be a ten-foot by fifty-foot area with a height clearance of sixteen feet.
(17) Where there are practical difficulties or unnecessary hardships in the way of carrying out the above off-street or unloading space provisions, the Board, after public notice and hearing, may vary the above regulations in a specific case in harmony with their intent so that substantial justice may be done.
(Ord. 65-82. Passed 12-27-65.)
1145.15 BORROW PITS.
A person shall not use any premises in R-1, R-2, R-3, C-1, C-2, C-3, I-1 Use Districts as a borrow pit to a depth of over three feet. All existing borrow pits or open excavations existing in any zoned district in the City shall be backfilled to its original grade or shall be enclosed with a five foot woven wire fence with a one foot angular barbed wire protector. Compliance with either of the above must be made within one year from the effective date of this Zoning Code (Ordinance 65-82, passed December 27, 1965) or for newly annexed areas within one year from the effective date of the annexation.
(Ord. 65-82. Passed 12-27-65.)
1145.16 TOPSOIL REMOVAL.
(a) No person, firm or corporation shall strip and remove or cause or permit the stripping and removal of any loam or topsoil from any land area located in R-1, R-2, R-3, C-1, C-2, C-3, I-1 and M-1 Districts in the City unless he is the holder of or is in conformance with a permit to do so, issued pursuant to the provisions of this section.
(b) Any person desiring a permit to remove loam or topsoil shall file with the Building Inspector a written application therefor. Such application shall contain the following information:
(1) The full name and address of the applicant and if the applicant is a partnership, the name and address of each of the partners and if the applicant is a corporation, the name of its principal officers;
(2) Description of the land from which the topsoil is to be stripped and removed specifying the quantity of land involved;
(3) If the applicant is not the owner of the land described then the name and address of the owner must be stated and the owner’s written consent to the work proposed must be attached to the application;
(4) The method of stripping and removal to be employed;
(5) The time within which the work will be commenced and completed;
(6) The type of reseeding or replanting proposed for land;
(7) The depth of topsoil now on the property, the amount proposed to be removed and the amount to remain;
(8) The method of drainage to be used during the operation and after its completion and the topography of the land after removal;
(9) The ultimate proposed use of the land after removal of the topsoil;
(10) A statement that the applicant will bear the expense of a City Inspector during the operation under the permit;
(11) A statement that the applicant is capable of and will furnish a performance bond in the amount of five hundred dollars ($500.00) for each acre or fraction thereof included in such permit; and
(12) Such other information as the Building Inspector deems necessary.
(c) The Building Inspector shall investigate the statements contained in the application and shall report the application and his findings to the Board of Zoning Appeals. The Board shall set a date for a hearing upon the application and shall notify the applicant of such date. If, after a hearing, the Board determines that the granting of the application will not adversely affect the public welfare, health, safety and convenience, it shall grant the application with such conditions relating to the method of stripping and removal, the term of the permit, the amount of topsoil or loam to be left on the land, which shall not be less than three inches, the reseeding or replanting, the drainage or topography and such other conditions as the Board may deem necessary for the protection of the public interest, health, safety and welfare. Any conditions imposed by the Board shall be made a part of the permit and constitute limitations thereon.
In the event the Board denies an application, an applicant may appeal its decision to Council within thirty days and Council may by majority vote, act on such application subject to the limitations set forth herein.
(d) Upon granting of the application, the Building Inspector shall be instructed to issue the permit containing the conditions imposed upon it, if any, by the granting body and the permit shall be issued to the applicant upon the posting of a bond running to the City conditioned upon the performance of the permit in accordance with its terms. Such bond shall be signed by the applicant and a surety company or two good and sufficient sureties satisfactory to the Mayor. The bond shall be in an amount of five hundred dollars ($500.00) for each acre or fraction thereof of property under such permit. The bond shall be filed with the City Auditor.
(Ord. 65-82. Passed 12-27-65.)
1145.17 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 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-I 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. 00-168. Passed 12-11-00.)