Ashtabula City Zoning Code
TITLE THREE
Zoning Districts and Regulations
1115.01 DIVISION INTO DISTRICTS.
For the purpose of this Zoning Code, the City is divided into districts, of which there shall be fourteen in number:
R-1 Single-Family Residence District
R-2 Single-Family Residence District
R-3 Two-Family Residence District
R-4 Multiple Dwelling District
C-1 General Commercial District
C-2 Central Business District
C-3 Shopping Center District
C-4 Special Commercial District
H-1 Harbor Historical District
M-1 Light Industrial District
M-2 Heavy Industrial District
(2004 Code)
1115.02 ZONING DISTRICT MAP.
The boundaries of these districts are established as shown on the Map accompanying and made a part of this Zoning Code, which Map is designated as the Zoning District Map and is properly attested as to its adoption as part of this Zoning Code and is on file with the Clerk of Council. The Zoning District Map and all the notations, references and other information shown thereon are a part of this Zoning Code and shall have the same force and effect as if the Map and all the notations, references and other information shown thereon were all fully set forth or described herein.
(1980 Code 153.31)
1115.03 DISTRICT BOUNDARIES.
(a) The district boundary lines on the Zoning District Map are intended to follow either streets, alleys or lot lines, and where the districts designated on the Map are bounded approximately by such streets, alleys or lot lines, the streets, alleys or lot lines shall be construed to be the boundary of the district, unless such boundary is otherwise indicated on the Map. In the case of unsubdivided property, the district boundary lines shall be determined by the use of the scale appearing on the Zoning District Map or by dimensions.
(b) Where the boundary of a district follows a railroad line, the boundary shall be deemed to be located midway between the main tracks of such railroad line.
(1980 Code 153.32)
1115.04 ANNEXATION.
1115.05 VACATION OF STREETS.
Whenever any street, alley or other public way is vacated by official action of Council, the zoning district adjoining each side of such street, alley or public way shall be automatically extended to the center of the vacation, and all area included in the vacation shall then and thenceforth be subject to all appropriate regulations of the extended districts.
(1980 Code 153.34)
1115.06 AREAS UNDER WATER.
Any area within the corporate limits of the City which is under water, and not shown as included within any district, shall be subject to all of the regulations of the district which immediately adjoins the water area. Where the water area adjoins two or more districts, the boundaries of each district shall be construed to extend to the center of the water area.
(1980 Code 153.35)
CITY OF ASHTABULA
1117.01 APPLICATION.
The regulations set forth in this chapter or set forth elsewhere in this Zoning Code, when referred to in this chapter, are the regulations in the R-1 and R-2 Single-Family Residence Districts. (2004 Code)
1117.02 PERMITTED USES.
A building or premises shall be used only for the following purposes:
(a) Single-family dwellings;
(b) Publicly owned and operated parks;
(c) Schools and colleges (excluding colleges and trade schools operated for profit);
(d) Recreation centers;
(e) Swimming pools and playgrounds;
(f) Police and Fire Department stations;
(g) Public and governmental services;
(h) Public libraries;
(i) Public parking lots;
(j) Private garages;
(k) Places of religious worship; or
(l) Buildings accessory to the above permitted uses (including private garages and accessory living quarters), and temporary buildings, but not involving the conduct of a business.
(2004 Code)
1117.03 CONDITIONAL USES.
1117.04 HEIGHT, YARD AND AREA REGULATIONS.
1117.05 PARKING REGULATIONS.
Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in Chapter 1149.
(2004 Code)
CITY OF ASHTABULA
1119.01 APPLICATION.
The regulations set forth in this chapter or set forth elsewhere in this Zoning Code when referred to in this chapter are the regulations in the R-3 Two-Family Residence District.
(2004 Code)
1119.02 PERMITTED USES.
A building or premises shall be used only for the following purposes:
(a) Any use permitted in the R-1 and R-2 Single-Family Residence Districts;
(b) Two-family dwellings; or
(c) Accessory building or use, including a private garage, customarily incident to the above uses, but not involving the conduct of a business.
(2004 Code)
1119.03 CONDITIONAL USES.
1119.04 HEIGHT, YARD AND AREA REGULATIONS.
1119.05 PARKING REGULATIONS.
Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in Chapter 1149.
(2004 Code)
CITY OF ASHTABULA
1121.01 APPLICATION.
The regulations set forth in this chapter or set forth elsewhere in this Zoning Code, when referred to in this chapter are the regulations in the R-4 Multiple Dwelling District.
(2004 Code)
1121.02 PERMITTED USES.
A building or premises shall be used only for the following purposes:
(a) Any use permitted in the R-3 Two-Family Residence District;
(b) Multiple-family dwellings;
(c) Boarding or rooming house or tourist home;
(d) Private club, fraternity, sorority or lodge, except one the chief activity of which is a service customarily carried on as a business; or
(e) Accessory building or use customarily incident to any of the above uses, including a storage garage, on a lot occupied by a multiple dwelling, hospital or institution.
(2004 Code)
1121.03 CONDITIONAL USES.
1121.04 HEIGHT, YARD AND AREA REGULATIONS.
1121.05 PARKING REGULATIONS.
Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in Chapter 1149.
(2004 Code)
CITY OF ASHTABULA
1127.01 APPLICATION.
The regulations set forth in this chapter or set forth elsewhere in this Zoning Code when referred to in this chapter, are the regulations in the C-1 General Commercial District.
(2004 Code)
1127.02 PERMITTED USES.
A building or premises shall be permitted only for the following purposes:
(a) Multiple-family dwellings
(b) Banks and financial institutions
(c) Child day care centers
(d) Libraries
(e) Public and government services
(f) Police and fire department services
(g) Places of religious worship
(h) Religious, cultural and fraternal activities, including museums and art galleries
(i) Restaurants, delicatessens and bakeries
(j) Public utility stations
(k) Retail shop or store, building material supply sales (wholesale or retail), community and commercial centers (including wholesale and retail sales)
(l) Office or office building, including but not limited to professional offices such as medical and legal offices
(m) Personal service shop, including but not limited to barber or beauty shop, photographic or art studio, messenger or telegraphic service, dry cleaning or laundry service establishments and any other personal service establishment of a similar character
(n) Community oriented residential social service facility
(o) Physical fitness center
(p) Schools and colleges for profit (including commercial, vocational and trade schools)
(q) Automobile, boat or trailer displays and sales rooms, and, when located at least 100 feet from the boundary of any R- District, a used car or trailer sales storage lot
(r) Radio or television broadcasting station or studio, and commercial printing and publishing
(s) Indoor theaters and drive-in theaters
(t) Mortuary and funeral homes
(u) Accessory building or use, including one wall sign pertaining to the name of the establishment or to products sold or offered on the premises, which sign shall not extend more than one foot from any wall or structure, shall be affixed to the building and shall not exceed more than one square foot for each one foot of building width. (Ord. 2017-43. Passed 4-3-17.)
1127.03 CONDITIONAL USES.
A use shall be conditionally permitted only for the following purposes and shall be subject to the regulations set forth in Chapter 1152 of this Code:
(a) Minor automotive repair
(b) Automotive fuel dispensing facilities
(c) Automotive fuel self-service dispensing facilities
(d) Medical and dental institutions and services such as hospitals and clinics
(e) Rehabilitation centers
(f) Convenience and neighborhood commercial centers
(g) Self-storage warehouses
(h) Hotels and motels, excluding other residential occupancies
(i) Taverns and cocktail lounges
(j) When located at least 100 feet from the boundary of any R- District, places of amusement including bowling alleys, golf driving ranges, miniature golf courses, ice rinks, pool and billiard halls or any other similar places of entertainment or amusement; subject to the restrictions found in Section 707.08 of the Codified Ordinances of the City of Ashtabula
1127.04 HEIGHT, YARD AND AREA REGULATIONS.
1127.05 PARKING AND LOADING REGULATIONS.
Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in Chapter 1149.
(2004 Code)
CITY OF ASHTABULA
1131.01 APPLICATION.
The regulations set forth in this chapter or set forth elsewhere in this Zoning Code, when referred to in this chapter are the regulations in the C-2 Central Business District.
(1980 Code 153.70)
1131.02 PERMITTED USES.
A building or premises shall be permitted only for the following purposes:
(a) Any permitted use in the C-1 General Commercial District;
(b) Building material supply sales (wholesale and retail);
(c) Cultural institutions such as museums and art galleries;
(d) Community and commercial centers (including wholesale and retail sales);
(e) Commercial printing and publishing;
(f) Any other use of similar character which is not objectionable by reason of the emission of odor, dust, smoke, gas, fumes, noise or vibration, or which is not specifically prohibited or regulated in Chapter 1141.
(2004 Code)
1131.03 CONDITIONAL USES.
A building or premises shall be conditionally permitted only for the following uses and shall be subject to the regulations set forth in Chapter 1152 of this Code:
(a) Any conditional use in the C-1 General Commercial District;
(b) Laboratory, experimental, film or testing facility.
(2004 Code)
1131.04 HEIGHT, YARD AND AREA REGULATIONS.
1131.05 PARKING AND LOADING REGULATIONS.
(2004 Code)
CITY OF ASHTABULA
1133.01 APPLICATION; LAYOUT OF UNITS.
(a) The regulations set forth in this chapter or set forth elsewhere in this Zoning Code, when referred to in this chapter are the regulations in the C-3 Shopping Center District.
(b) The District shall be laid out and developed as a unit according to an approved plan, as provided in this chapter, in order to accomplish its purpose to provide for modern retail shopping facilities of integrated design in appropriate locations to serve residential neighborhoods.
(1980 Code 153.75.)
1133.02 PERMITTED USES.
A building or premises shall be used only for the retail sale of merchandise, services, parking areas and similar facilities ordinarily accepted as shopping center uses, and for professional offices including but not limited to legal and medical offices. No building shall be designed, constructed, structurally altered or used for dwelling purposes, except to provide, within the buildings allowed, facilities for a custodian, caretaker, or watchman employed on the premises.
(Ord. 2017-41. Passed 4-3-17.)
1133.03 HEIGHT, YARD AND AREA REGULATIONS.
The height, yard and area regulations set forth in Chapter 1147 shall be observed; provided that a part of the shopping center containing a ground floor area of not more than 10,000 square feet may be erected to a height of six stories or ninety feet when located not less than 150 feet from all property lines, and when specifically approved as to arrangement and design, as specified hereinafter, and provided further that the aggregate ground area occupied by buildings shall not exceed twenty-five percent (25%) of the total area of the shopping center site.
(1980 Code 153.77)
1133.04 PARKING AND LOADING REGULATIONS.
Off-street parking area shall be provided in the ratio of not less than three square feet of parking area for each square foot of floor area. Loading spaces shall be provided in accordance with requirements for the C-1 General Commercial District in Chapter 1149.
(1980 Code 153.78)
1133.05 PLAN REQUIRED; CONTENTS.
The owner or owners of a tract of land which comprises ten acres or more shall submit to Council a plan for the use and development of such tract for the purpose of and meeting the requirements set forth in this chapter. The plan shall be accompanied by evidence concerning the feasibility of the project and its effects on surrounding property and other physical conditions, which plan and supporting evidence shall include each of the following if requested:
(a) A site plan defining the areas to be developed for buildings, the areas to be developed for parking, the location of pedestrian and vehicular circulation, and the points of ingress and egress, including: access streets where required; the location and height of walls; the provision of spaces for loading; the location, size and number of signs; and the adjustments to be made in relation to abutting land uses and zoning districts;
(b) A report on the market to be served, the types and amount of service needed, and general economic justification;
(c) A traffic survey prepared by qualified experts indicating the effect of the proposed shopping center on adjacent streets, and also indicating the anticipated points of origin and direction and the amount of traffic flow to and from the shopping center; and
(d) A statement of financial responsibility to assure construction of the shopping center, including landscaping, in accordance with the plan and the requirements of this chapter.
(1980 Code 153.79)
1133.06 REVIEW AND APPROVAL.
Before any action thereon, the proposed shopping center plan, together with the required statements and supplementary information, shall be referred to the Planning Commission for study and report. If the Commission approves the plan, it shall then be submitted to Council for public hearing, consideration and approval. The approval and recommendations of the Planning Commission shall be accompanied by a report stating the reasons for approval and finding that the proposed shopping center meets the following specific conditions if required by the City:
(a) The shopping center shall be laid out and developed as a unit in accordance with an integrated overall design.
(b) The location and arrangement of buildings, parking areas, walks, lighting and appurtenant facilities shall be adjusted to the surrounding land uses, and any part of the shopping center site not used for buildings or other structures, or for parking, loading or accessways shall be landscaped with grass, trees, shrubs or pedestrian walks. Such sodding, planting and shrubbing shall be provided along any side lot line of an adjoining residential lot in such a manner as to form a permanent screen.
(c) No merchandise, materials or equipment shall be stored in any open area within the shopping center site, nor shall such open areas be used for the display, advertising or sale of merchandise.
(d) All roads, parking and loading areas and walks shall be suitably graded and drained and paved with hard surface material meeting applicable specifications of the City Engineer. Suitable lighting shall be provided for all facilities operated after sundown.
(e) Reasonable additional requirements as to landscaping, lighting, signs or other advertising devices, screening, accessways and building setback may be imposed by the Planning Commission for the protection of adjoining residential property.
(1980 Code 153.80)
1133.07 DELAY IN CONSTRUCTION.
In the event that construction of the shopping center has not begun within two years of the date of approval by Council, such approval shall expire and a new application must be submitted for reapproval. All provisions of this section remain applicable and enforceable as applied to the reapplication of the submitted plan.
(2004 Code)
CITY OF ASHTABULA
1135.01 APPLICATION AND PURPOSE.
(a) The regulations set forth in this chapter or set forth elsewhere in this Zoning Code when referred to in this chapter, are the regulations for the C-4 District, Special Commercial District.
(b) The purpose of the Special Commercial District is to improve the visual and aesthetic character and economic value of development within the City of Ashtabula. The current uses and vacant land in this area serve as a transition between existing community-oriented retail establishments and the neighboring residential area. Regulations set forth for this district are intended to begin establishing a coherent design identity for the district, such as uniform setbacks and uniform height restrictions. Additionally, the district regulations will stress buffering and landscaping to protect adjacent residential development from any adverse noise, visual, or traffic impacts arising from new commercial and retail development.
(c) Provisions of the Section shall not apply to uses existing prior to the creation of this district. Pre-existing uses rendered non-conforming under this section may continue as permitted until such uses are discontinued for a continuous period of one year, abandoned or otherwise altered at which time the provisions of this section shall apply.
(d) In the event of conflicting provisions, the provisions set forth in this chapter shall prevail. (2004 Code)
1135.02 PERMITTED USES.
A use shall be permitted only for the following purposes:
(a) Retail Sales Uses:
(1) Apparel;
(2) Art galleries and art supplies;
(3) Baked goods, provided that products baked on premises shall be sold only on premises;
(4) Books and stationery;
(5) Cards and gifts;
(6) Confections;
(7) Cosmetics;
(8) Craft and hobby supplies;
(9) Delicatessen and meat market (no processing);
(10) Department store;
(11) Household appliances, including electronic equipment and computers;
(12) Flowers;
(13) Fruits and vegetables;
(14) Furniture;
(15) Groceries;
(16) Hardware;
(17) Ice cream parlor;
(18) Jewelry;
(19) Lawn and garden supplies;
(20) Luggage;
(21) Music store, including records, tapes and compact discs;
(22) Newspapers and magazines;
(23) Paint and wallpaper supplies;
(24) Pharmacies;
(25) Photographic supplies and studio, provided the use does not exceed a gross floor area of 8,000 square feet.;
(26) Sporting goods;
(27) Toy stores;
(28) Shoe repair; and
(29) Travel agencies.
(b) Eating establishments:
Restaurants including those with outdoor dining, but excluding drive- through restaurants.
(c) Services:
(1) Apparel cleaning and drying, retail only including dry cleaning of clothes in enclosed machines using nonflammable cleaning compounds;
(2) Banks and savings and loans;
(3) Barber and beauty shops;
(4) Professional offices, including medical offices
(d) Any use permitted prior to the creation of the Special Commercial District may continue as permitted. If a previously permitted use is rendered non-conforming by the creation of this District, the use may continue until such use is discontinued or abandoned for a continuous period of one year, or otherwise altered at which time the use will be subject to the limitations set forth in this chapter.
(Ord. 2012-59. Passed 5-7-12.)
1135.03 CONDITIONAL USES.
The following uses shall be conditionally permitted subject to approval of a conditional use permit, in accordance with Chapter 1152 of this Code, and the use is found to be consistent with the goals and objectives of the district as set forth by the Planning Commission:
(a) Automotive dealers;
(b) Car wash;
(c) Convenience stores, with or without gasoline sales;
(d) Day care centers, child or adult;
(e) Funeral homes;
(f) Packaged liquor projects, including liquor, beer, and wine, wherein the proposed operator can demonstrate substantial likelihood that such sales will constitute less that twenty-five percent of total gross receipts;
(g) Restaurants utilizing a drive-through service;
(h) Gymnasiums or health clubs;
(i) Motion picture or live theatre, excluding drive-in movie theatres;
(j) Gasoline service stations;
(k) Automated Teller Machines (ATMs);
(l) Check cashing institutions;
(m) Veterinary facilities or small animal clinics, including overnight indoor boarding.
(2004 Code)
1135.04 PROHIBITED USES.
A use shall be prohibited for the following:
(a) Ice and food product dispensing machines in exterior locations;
(b) Auto repair and service;
(c) Billiard halls;
(e) Drug paraphernalia facilities;
(Ord. 2012-59. Passed 5-7-12.)
1135.05 LIMITATIONS ON USES.
The following limitations apply to all uses within this district.
(a) All uses shall be conducted within a completely enclosed building excepting temporary approved uses, retail sales of lawn and garden supplies and restaurants which include outdoor dining.
(b) No on-site overnight parking of vehicles shall be permitted except for those vehicles used in conjunction with an approved use.
(c) Storage shall be permitted only within an entirely enclosed building and shall be limited to accessory storage of commodities sold or utilized in the conduct of a permitted use on the premises.
(2004 Code)
1135.06 HEIGHT, YARD AND AREA REGULATIONS.
Development within the C-4 Special Commercial District shall comply with all set forth in Chapter 1147 of this Code. All standards are minimums unless otherwise noted.
(2004 Code)
1135.07 PARKING AND LOADING REGULATIONS.
Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in Chapter 1149.
(2004 Code)
CITY OF ASHTABULA
1137.01 DEFINITIONS.
For purposes of this chapter the following words and phrases shall have the following meanings ascribed to them respectively.
(a) "Alteration" means any change, demolition, removal or construction involving any buildings or structures located on any real property subject to the provisions of this chapter. The alteration shall not be related to ordinary maintenance or repair of any property provided that such work involves no change in material, design, texture, color or outer appearance of such property. "Alteration" includes any change to features such as shades or draperies which are visible from the exterior of the building.
(b) "Preservation" means the process of sustaining the form and extent of a structure essentially as it now exists. Preservation aims at halting further deterioration and providing structural stability but does not contemplate significant rebuilding.
(c) "Reconstruction" means the process ofreproducing by new construction the exact form and detail of a vanished structure, or part of it, as it appeared at a specific period of time. Reconstruction should be undertaken only when the property to be reconstructed is essential for understanding and interpreting the value of a historic district and sufficient historical documentation exists to insure an exact reproduction of the original.
(d) "Rehabilitation" means the process of returning a property to a state of utility, through repair or alteration, which makes possible and efficient contemporary use. In rehabilitation, those portions of the property which are important in illustrating historic and cultural values are preserved or restored.
(e) "Restoration" means the process of accurately recovering the form and details of a property as it appeared at a particular period of time by means ofremoval of later work and the replacement of missing original work.
(Ord. 2019-90. Passed 8-5-19.)
1137.02 HISTORIC DISTRICT PURPOSE AND BOUNDARIES.
(a) The regulations set forth in this chapter or set forth elsewhere in this Zoning Code when referred to in this chapter are the regulations in the H-1 Harbor Historic District. This District shall be laid out and developed as a unit according to an approved plan as provided in this chapter, and homes, commercial establishment and other structures may be preserved and restored within the Harbor Historic District in such a manner as to compare to homes, commercial establishments and structures as they existed during the epoch of 1885 to 1925.
(b) There is hereby created a Harbor Historic District which is geographically designated as being all land, public and private, located within the following area: commencing on the shoreline of Lake Erie where the western boundary of Walnut Beach Park meets the water's edge; thence South along the western boundary of Walnut Beach Park to the southern line of Walnut Boulevard; thence East along the southern line of Walnut Boulevard, including all lots, public and private, upon either side of said street with frontage thereon, to its intersection with the western line of Lake Avenue; thence South along the western line of Lake Avenue, including all lots, public and private, on either side of said street with frontage thereon, to the intersection of the western line of Lake Avenue with the northern line of Laird Drive; thence East along the northern line of Laird Drive to the southeast and east lines of Morton Drive and Goodwill Drive; thence westerly along the southeast and east lines of Morton Drive to Bridge Street, including the Bascule Lift Bridge; thence North along the west bank of the Ashtabula River to the Lake Erie shoreline; thence West to the western line of Walnut Beach Park and the place of beginning.
(c) It is hereby recognized that within the foregoing Harbor Historic District is an area of buildings, streets and structures which are of sufficient local and national historic significance for such area to have been placed upon the National Register of Historic Places. This portion of the Harbor Historic District, which is known as the National Register Area, is bounded and described as follows, to-wit: beginning at a point in the west property line of the lot currently known as 1205 Bridge (West 5th) Street, also currently known as Ashtabula County Auditor's Permanent Parcel No. 68-409-00-142-00, which point is 100 feet northerly from the intersection of said west property line with the north line of Bridge Street; thence East, parallel with Bridge Street, to the western bank of the Ashtabula River; thence South along the River, and including the Bascule lift bridge, to a point 100 feet South of the south line of Bridge Street; thence West, parallel with Bridge Street, to a point in the west line of the property currently known as 1128 Bridge Street, also currently known as Ashtabula County Auditor's Permanent Parcel No. 68- 410-00-080-00; thence North along said west line of said lot and an extension thereof to the north line of Bridge Street; thence along the north line of Bridge Street to the southwest comer of said lot known as 1205 Bridge Street; thence North along the west line of said lot to the place of beginning.
(d) The United States Secretary of the Interior's Standards for the Treatment of Historic Properties shall be applicable to the preservation, rehabilitation, restoration, and reconstruction of all buildings, streets and structures within the above-described National Register Area.
(Ord. 2019-90. Passed 8-5-19.)
1137.03 PERMITTED USES.
All uses within the H-1 Harbor Historic District are subject to the review process as set forth in this chapter.
(Ord. 2019-90. Passed 8-5-19.)
1137.04 HISTORIC PRESERVATION COMMISSION POWERS AND DUTIES.
(a) The Ashtabula Historic Preservation Commission established by Chapter 167 of the Codified Ordinances of the City of Ashtabula shall prepare a comprehensive plan for the Harbor Historic District so that any new construction, preservation, restoration, reconstruction and rehabilitation of homes, commercial establishments or other structures shall conform to the epochal period of 1885 to 1925.
(b) The Commission shall have the sole responsibility for permitting by approval of application of any property owner within the District, alteration, construction, preservation, restoration, reconstruction or rehabilitation of any home, commercial establishment or other structure within such District.
(c) Subject to the review of the City Planning Commission, the Commission shall have the exclusive power in determining to permit the razing or demolition of any structure within the District, unless such demolition is specifically ordered by the appropriate State or local fire, health or building officials by reason of imminent threat to the public health or safety.
(d) The Commission shall determine the appropriateness of applications regarding alteration, construction, preservation, restoration, reconstruction and rehabilitation of structures and changes to any landscaping within the District in accord with the following standards set forth by the National Trust for Historic Preservation:
(1) General design and arrangement;
(2) Texture, material and color;
(3) Exterior architectural features, including signs subject to public view from a public street, way or place;
(4) The extent to which the building, structure or landscaping would be harmonious with or incongruous to the old and historic aspect of the surroundings of the District;
(5) The extent to which such preservation, restoration, reconstruction and rehabilitation shall promote the general welfare by maintaining and increasing real estate values, generating business, creating new positions, attracting tourists, students, writers, historians, artists and artisans, attracting new residents and making the City a more attractive and desirable place in which to live.
(e) The Commission shall have the power, upon approval of the Planning Commission and through City Council, to acquire by eminent domain, or otherwise, easements, or any other interest, in real property and the buildings thereon, or any part thereof, for the purpose of securing conformity of any real property and the buildings thereon, or any part thereof, in the District to the epochal period 1885 to 1925.
(f) In addition to the powers and duties hereinbefore specifically enumerated, the Commission shall have all powers now or hereafter conferred upon the Commission as are now or may hereafter be granted by Charter or by ordinance of the City, or any plan, or part of a plan made by the City Planning Commission, or any act or proceeding of the Planning Commission.
(Ord. 2019-90. Passed 8-5-19.)
1137.05 APPEAL.
All decisions of the Ashtabula Historic Preservation Commission may be appealed to the City Planning Commission. Such appeal must be in writing and filed within five (5) business days of the effective date of the Commission's decision or service of notice of the Commission's decision, whichever is later. A copy of the notice of appeal shall also be delivered to the Chairperson of the Architectural Restoration and Review Commission. Any decision made by the Planning Commission as a result of such appeal may be appealed as any other administrative decision affecting zoning according to the Charter and the ordinances of the City.
(Ord. 2019-90. Passed 8-5-19.)
1137.06 COMPENSATION, TERMS AND VACANCIES. (REPEALED)
(EDITOR'S NOTE: Former Section 1137.06 was repealed by Ordinance 2009-05, passed January 20, 2009.)
1137.07 COMMISSION OFFICERS. (REPEALED)
(EDITOR'S NOTE: Former Section 1137.07 was repealed by Ordinance 2009-05, passed January 20, 2009.)
1137.08 COMMISSION MEETINGS, RULES, RECORDS AND QUORUM. (REPEALED)
1137.09 COMMISSION POWERS AND DUTIES. (REPEALED)
(EDITOR'S NOTE: Former Section 1137.09 was repealed by Ordinance 2009-05, passed January 20, 2009.)
1137.10 APPEAL. (REPEALED)
(EDITOR'S NOTE: Former Section 1137.10 was repealed by Ordinance 2009-05, passed January 20, 2009.)
1137.11 DISTRICT PARKING REQUIREMENTS; VARIANCE.
The off-street parking requirements found in Section 1149.01 of the Codified Ordinances shall apply to buildings or premises in the H-1 Harbor Historical District unless it is demonstrated to the satisfaction of the City Planning Commission that variance from such standards (a) does not pose a significant risk to public safety, (b) does not impose an undue burden on adjoining and nearby land owners and occupants, and (c) reasonably is expected to benefit the community by allowing a use or uses which will promote economic development, employment or tourism. Application for a variance from the requirements shall be made to the Division of Planning and Community Development, which shall forward its recommendations to the Planning Commission for review and final approval or disapproval. (Ord. 2019-90. Passed 8-5-19.)
1137.12 TOWNHOUSES IN H-1 DISTRICT.
(a) Townhouses as defined herein are permitted uses in the H-1 District upon approval of the Division of Planning & Community Development for compliance with this Section and the AHPC for compliance with all other H-1 District standards.
(b) For purposes of this Section:
(1) "Townhouse" is defined as:
A. Any structure that is or that appears to be a single building containing not less than two (2) or more than three (3) residential dwelling units; or
B. Two (2) or three (3) separate but contiguous residential units separated by a common wall or walls as defined herein; when the units are separately deeded to the owners thereof as real property.
(2) "Common areas" are defined as those portions of a townhouse unit that are not described or included within the description of any individual unit, but which are utilized by all unit owners and their invitees, or which are necessary for the integrity of the building's structure.
(3) "Limited common areas" are defined as those portions of a townhouse unit that are not described or included within the description of any individual unit, but which are utilized primarily by the owners of an individual unit and their invitees.
(4) "Common walls" are either walls which form a division between separate units or which are exterior walls that are not separated from each other by a space sufficient for access for maintenance, repair, or reconstruction purposes.
(c) In order to be approved, a proposed townhouse development or project must meet the following minimum qualifications:
(1) Each unit must contain not less than two (2) bedrooms and one (1) full bathroom;
(2) Each unit must have its own kitchen;
(3) Each unit must have its own HVAC unit(s) and water heaters, and its own public utility connections.
(4) Each unit must be at least 1200 square feet in interior size exclusive of porches, stoops, patios, garages and unheated storage areas.
(5) Each unit must have at least two (2) separate entrances.
(6) Each unit must have at least two (2) dedicated parking spaces, which may include garages.
(d) Townhouse developments in the H-1 District 4 shall not exceed 16 units per acre. Townhouse lot sizes shall not be less than 2400 square feet, and frontage per unit shall not be less than 24 feet. Height of structures shall not exceed 36 feet. Separate structures containing townhouse units shall be separated by at least 10 feet between their nearest points.
(e) Townhouse developments must be subject to recorded covenants and restrictions which incorporate the requirements of this Section and which provide for apportionment of expenses related to maintenance, repair and replacement of common areas, limited common areas, common walls, shared drives or sidewalks, and roofs and exterior siding if such components are of continuous construction. Said covenants and restrictions shall provide that the City of Ashtabula has standing to enforce them in the event of a violation which is (a) a violation of the City's fire, housing or building codes, and (b) is not corrected within 60 days of written notice from the City to the owner(s) of the affected unit(s). The City Solicitor shall review and approve such covenants and restrictions solely for compliance with the requirements of this paragraph prior to recording.
(f) For purposes of this Section, a person or legal entity in title to a unit that is subject to a land installment contract, lease with purchase option, "rent to own" scheme, or is a mortgagee other than a governmental entity, bank, thrift, savings bank, mortgage company or credit union, is deemed to be responsible for any violations of this Section or any fire, safety, building, or zoning code violations.
(g) The purpose of this Section is to provide for attractive and responsible development of housing within the H-1 Historical District that is compatible with preservation of its character. The City Council finds and determines that the City has a substantial and compelling interest in discouraging passive investor ownership by reason of numerous fire, safety and housing violations associated with ownership by absentee landlords who neglect properties. The further intent is to encourage persons owning real property or dwelling there have an incentive to become knowledgeable with and concerned about the problems and needs of the area. In enacting this requirement, the City Council finds that the restrictions are reasonably related to this purpose, while leaving unimpaired a person's right to purchase other properties or obtain other housing that may be more suited to their investment goals or residential preferences.
(Ord. 2019-90. Passed 8-5-19.)
1137.13 H-1 DISTRICT CLASSIFIED AS HISTORIC PRESERVATION DISTRICT.
(a) The H-1 Harbor Historic District is hereby found and determined to be an Historic Preservation District and subject to the provisions of Chapter 1187 of these Codified Ordinances.
(b) With respect to properties located within the H-1 District, the requirements of Chapter 1187 shall be applied in conjunction with the requirements of this Chapter. In the event of a conflict, the requirements of this Chapter shall govern.
(Ord. 2019-90. Passed 8-5-19.)
CITY OF ASHTABULA
1139.01 APPLICATION.
The regulations set forth in this chapter or set forth elsewhere in this Zoning Code when referred to in this chapter, are the regulations in the M-1 Light Industrial District.
(2004 Code)
1139.02 PERMITTED USES.
A building or premises shall be permitted only for the following purposes:
(a) Any use permitted in the C-2 Central Business District;
(b) Any light manufacturing or industrial use;
(c) Warehouses;
(d) Research or testing laboratories;
(e) Product Distribution Centers;
(f) Woodworking shops;
(g) Auto body shops;
(h) Furniture assembly;
(i) Dry cleaning plants;
(j) Machine shops;
(k) Boat storage yards;
(l) Monument works; or
(m) Other industrial and manufacturing plants where the process of manufacturing or treatment of materials is such that only a nominal amount of dust, odor, gas, smoke or noise is emitted.
(2004 Code)
1139.03 CONDITIONAL USES.
A building or premises shall be conditionally permitted only for the following purposes:
(a) Any conditional use in the C-2 Central Business District;
(b) Any light industrial use with the potential to adversely impact public health, safety or welfare, including any use that would otherwise be permitted under Section 1139.02
of this Code;
(c) Indoor swap meets;
(d) Stadiums and arenas;
(e) Breweries; or
(f) Petroleum storage, but only after the location and treatment of the premises have been approved by the Chief of the Fire Division.
(2004 Code)
1139.04 HEIGHT, YARD AND AREA REGULATIONS.
The height, yard and area regulations set forth in Chapter 1147 shall be observed and, in addition, every building or portion thereof used for dwelling purposes shall comply with the side and rear yard and lot area per family requirements of the R-4 Multiple Dwelling District.
(2004 Code)
1139.05 PARKING AND LOADING REGULATIONS.
Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in Chapter 1149.
(2004 Code)
CITY OF ASHTABULA
1141.01 APPLICATION.
The regulations set forth in this chapter or set forth elsewhere in this Zoning Code when referred to in this chapter, are the regulations in the M-2 Heavy Industrial District.
(2004 Code)
1141.02 PERMITTED USES.
A building or premises may be used for any purpose not in conflict with any ordinance of the City regulating nuisances. However, no building shall be erected, reconstructed or structurally altered for residential purposes, except for resident watchmen and caretakers employed on the premises, and no building or occupancy permit shall be issued for any of the following uses until and unless the location of the use shall have been approved by Council, after report by the Planning Commission and the Fire Chief.
(a) Any use permitted in the M-1 Light Industrial District;
(b) Carpet Manufacturing; or
(c) Regional recycling center.
(2004 Code)
1141.03 CONDITIONAL USES.
A building or premises shall be conditionally permitted only for the following purposes:
(a) Any conditional use in the M-1 Light Industrial District;
(b) Any industrial use with the potential to adversely impact public health, safety or welfare, including any use that would otherwise be permitted under Section 1141.02
of this Code.
(c) Explosives manufacturing or storage;
(d) Liquid fertilizer manufacturing;
(e) Any industrial or manufacturing use involving animal by-products and/or the storage or slaughter of animals; or
(f) Auto wrecking yards and junkyards but only when the premises upon which such activities are conducted are wholly enclosed within a building or by a wooden fence not less than eight feet in height and in which the openings or cracks are less than fifteen percent (15%) of the total area.
(2004 Code)
1141.04 HEIGHT, YARD AND AREA REGULATIONS.
1141.05 PARKING AND LOADING REGULATIONS.
Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in Chapter 1149.
(2004 Code)
CITY OF ASHTABULA
1143.01 INTENT.
The M1 Light Industrial Park (M1-IP) District is established to provide an aesthetically pleasing working environment exclusively for and conducive to certain specialized manufacturing establishments, wholesale and warehouse storage operations, research and development institutions and offices, all of which are of a non-nuisance type and developed in a park-like setting.
(Ord. 2008-153. Passed 11-3-08.)
1143.02 PURPOSE.
The purpose of this chapter is to establish rules, regulations, standards and procedures for approval of all developments in M1 Light Industrial Park Districts in order to:
(a) Preserve existing natural resources and give proper consideration to the physical constraints of the land;
(b) Provide for safe and efficient vehicular and pedestrian circulation and off-street parking and loading;
(c) Provide for compliance with appropriate design standards to ensure adequate light and air, proper building arrangements and the minimum adverse effect on surrounding property through the use of judicious landscaping and buffering;
(d) Develop proper safeguards to minimize soil erosion and sedimentation, air and water pollution and noise levels;
(e) Ensure the provision of adequate water supply, drainage and storm water management, sanitary facilities and other utilities and services; and
(f) Encourage modern and innovative design, construction, technology and planning methods. (Ord. 2008-153. Passed 11-3-08.)
1143.03 PERMITTED USES.
In the M1 Light Industrial Park District no building or land shall be used, and no building shall be erected, reconstructed, altered or enlarged, unless otherwise provided in this chapter, except for one or more of the following uses:
(a) Manufacturing, distribution, warehousing, and assembly of the following processes and products:
(1) Fabrication, stamping, extrusion, welding, finishing, polishing and assembly of products produced from polymers, paper, rubber, wood and metal, and chemicals;
(b) Professional, administrative, financial, medical, executive, governmental and public utility offices;
(c) Permitted incidental and accessory uses, including garages for storage and maintenance of company motor vehicles and for storage of gasoline and lubricating oils needed for operation of these vehicles and for the maintenance of the company's plant and machinery located therein; off-street parking and loading facilities as provided in Section 1143.07
; maintenance and utility shops for the upkeep and repair of buildings and structures on the site and equipment used on the site; central heating and power plants for furnishing heat and energy to structures on the site; facilities for water, drainage, sewerage, fire protection, electrical, telephone and other utilities; educational facilities for training and study; storage buildings; communications facilities, including antenna masts; clinics; cafeterias; recreational facilities; data processing facilities; and employee credit unions; and
(d) Uses similar to those permitted above in terms of noise, odors, traffic generation, hours of operation, etc., as determined by the Planning Commission.
(Ord. 2008-153. Passed 11-3-08.)
1143.04 PROHIBITED USES.
The following operations and uses are prohibited in M1 Light Industrial Park (M1-IP) Districts:
(a) Residential uses of any type;
(b) Jail or honor farms;
(c) Labor or migrant worker camps;
(d) New or used car sales lots;
(e) Automobile, go-cart, motorcycle or other vehicle endurance or race tracks;
(f) Cemeteries;
(g) All retail uses except the sale of food in employee cafeterias;
(h) Outdoor storage of used construction materials;
(i) A business that is primarily involved in automobile, bus and truck repair operations; and
(j) Self-service storage and mini warehouses.
(Ord. 2008-153. Passed 11-3-08.)
1143.05 SITE DEVELOPMENT REGULATIONS.
The following site development regulations shall apply in M1 Light Industrial Park Districts:
(a) Lot Width. The minimum site width shall be 100 feet at the front yard setback line.
(b) Building Setback from Street Right of Way. The minimum setback for lots that abut arterial streets is thirty feet. The minimum setback for lots that abut industrial roads is twenty-five feet.
(c) Building Setback from Side Lot Lines. The minimum setback for lots that are within or adjoin nonresidential districts is ten feet.
(d) Building Setback from Rear Lot Line. The minimum setback for lots that are within or adjoin nonresidential districts is ten feet.
(e) Maximum Coverage by Buildings. The maximum site coverage by all buildings shall be fifty percent (50%), size of building to lot.
(f) Height. The maximum height for all buildings in the M1 Light Industrial Park District shall not exceed fifty feet.
(Ord. 2008-153. Passed 11-3-08.)
1143.06 LANDSCAPING.
(a) General Requirements. Landscaping shall be required as follows. The area required to be landscaped shall be planted within twelve months from the date of the issuance of a certificate of occupancy and thereafter reasonably maintained with permanent plantings and materials.
(b) Site Planting Requirements.
(1) The unpaved or unimproved portions of the required front yards, side yards, rear yards and other open spaces of the site not in a natural wooded state or in which the natural state has been disturbed by grading or filling, shall be landscaped with sod, grass or other horticultural materials.
(2) A landscaped buffer shall be maintained in all perimeter setbacks, as follows:
A. Perimeter street setbacks. A minimum landscaped buffer of thirty feet. This buffer shall include trees and shrubs that are the same or of similar species as those used on the remainder of the site.
B. Perimeter side and rear setbacks. A minimum landscaped buffer of fifteen feet. When the site area abuts a residential district, the minimum landscaped buffer shall be thirty feet.
C. Screening of parking, loading, trash disposal, stored materials, and truck maneuvering areas. A landscaped berm, masonry wall or massed plantings shall be provided of sufficient height to screen the view of loading and truck maneuvering activity and buffer parking areas from adjoining public roads. Trash and/or garbage collection areas shall be enclosed in a dumpster house if not within an enclosed building or structure.
(3) Outdoor eating and recreation areas for employees may be included in the required landscaped area.
(Ord. 2008-153. Passed 11-3-08.)
1143.07 CIRCULATION AND OFF-STREET PARKING.
Off-street parking and loading facilities shall be required for all permitted and accessory uses in M1 Light Industrial Park Districts in accordance with this chapter. All parking and loading facilities on any site, whether required as minimums or optionally provided in addition to minimum requirements, shall comply with the regulations and design standards as set forth in this chapter.
(a) Required Off-Street Parking. Minimum parking requirements for selected uses permitted in the M1 Light Industrial Park Districts shall be as follows:
(1) For medical, professional and general business offfices, the minimum parking requirement shall be one space for each 300 square feet of gross floor area.
(2) For research and development, manufacturing and distribution services, the minimum parking requirement shall be one space for each 400 square feet of gross floor area.
(3) For storage and warehousing uses, the minimum parking requirement shall be one space for each employee on the largest shift for which the building is designed. One space shall be provided for each business vehicle.
(b) Design of Off-Street Parking Areas. The design and maintenance of off-street parking areas shall be as follows:
(1) Setback from street right of way. The minimum setback for parking areas that abut arterial streets is fifteen feet. The minimum setback for parking areas that abut industrial roads is thirty feet.
(2) Setback from side lot lines. The minimum setback for parking areas that adjoin nonresidential districts is ten feet.
(3) Setback from rear lot line. The minimum setback for parking areas that adjoin nonresidential districts is ten feet.
(4) Drainage. Driveways shall not exceed a grade of four percent (4%) and all parking lots shall be graded according to a drainage plan approved by the City Engineer.
(5) Lighting. Any lighting used to illuminate an off-street parking area shall be shaded or diffused so as to reflect the light away from the adjoining property and away from abutting traffic.
(6) Distance of vehicles from property line. All off-street parking areas shall be so designed and constructed that no part of any vehicle parked therein shall be nearer than ten feet from the property line.
(7) Landscaping. All off-street parking areas shall be landscaped and screened in accordance with Section 1143.06
.
(8) Driveways. Access driveways shall not be closer than sixty feet between centerlines. The centerline of a driveway on a corner lot shall not be closer than forty feet to the intersecting street line.
The junction of the driveway with the street pavement shall be extended on each side at a radius of at least fifteen feet to form an apron. The maximum curb cut shall be limited to the width of the driveway plus the radii of the apron. The intersection between the driveway and all sidewalks shall be designed so that there is no difference in the elevation between them.
(9) Parking space measurement standards. Each parking space shall be directly accessible from a drive or aisle and shall have a minimum rectangular dimension of not less than ten feet in width and eighteen feet in length for ninety degree parking; nine feet in width and twenty-two feet in length for parallel parking; ten feet in width and eighteen feet in length for sixty degree parking; and twelve feet in width and eighteen feet in length for forty-five degree parking, exclusive of all drives, aisles, ramps and other circulation areas and determined from an accurate plan of the area.
(c) Off-Street Loading and Unloading Areas. The design, required number and maintenance of off-street loading and unloading areas shall be as follows:
(1) Size. A required loading berth shall be not less than ten feet in width, sixty-five feet in length and fourteen feet in height, exclusive of aisle and maneuvering space.
(2) Access. Each required loading berth shall be located with appropriate means of vehicular access to a street or public alley in a manner that will least interfere with traffic.
(3) Surfacing. All loading berths and accessways shall be surfaced with concrete or asphalt.
(4) Accessory use. No space allocated as a loading berth or access drive so as to comply with the terms of this chapter shall be used for the storage of goods or inoperable vehicles or be included as part of the space requirements necessary to meet the off-street parking area standards.
(5) Required loading berths. The required number of loading berths shall be as follows:
A. Offices, research and development laboratories and testing offices having 5,000 to 10,000 square feet of floor area shall have one off- street loading berth, plus one additional berth for each additional 10,000 or fraction above 5,000 square feet of floor area.
B. Manufacturing, fabrication, processing, warehousing, storage, servicing or similar establishments having 5,000 to 30,000 square feet of floor area shall have one loading berth sixty-five feet in length, plus one additional sixty-five foot berth for each 20,000 square feet of additional floor area or fraction thereof.
(Ord. 2008-153. Passed 11-3-08.)
1143.08 SIGNS AND OUTDOOR LIGHTING.
(a) No on-premise sign shall exceed twenty-five feet in height. No off-premise sign shall exceed thirty-five feet in height.
(b) Exterior spot lighting is permissible, but only if shielded so as to direct the light to the sign only.
(c) Signs requiring a permit:
(1) One freestanding sign to identify the Industrial Park not to exceed thirty- two square feet in area;
(2) One freestanding sign per zone lot regardless of how many businesses are conducted on said zone lot, identifying the building occupation, establishment or use not exceed thirty-two square feet in area;
(3) One wall sign for each business not to exceed thirty-two square feet in area;
(4) One freestanding off-premise sign not to exceed 100 square feet per zone lot.
(Ord. 2008-153. Passed 11-3-08.)
1143.09 PERFORMANCE STANDARDS.
All uses within M1 Light Industrial Park (M1-IP) Districts shall comply with the Ohio EPA and OSHA regulations relating to this matter.
(Ord. 2008-153. Passed 11-3-08.)
CITY OF ASHTABULA