Bellefontaine City Zoning Code
TITLE FIVE
ZONING DISTRICTS
1131.01 DIVISION OF CITY INTO DISTRICTS.
For the purpose of this Zoning Ordinance, the City of Bellefontaine is hereby divided into ten categories of zoning districts.
1131.02 DESIGNATION OF DISTRICTS.
The zoning districts are designated as follows:
RESIDENCE DISTRICTS
R-1 One-Family Residence District
R-2 One and Two-Family Residence District
R-3-C Condominium Property Residence District
R-3 Multi-Family Residence District
NONRESIDENCE DISTRICTS
HMD Hospital Medical District
B-1 Neighborhood Business District
B-2 Downtown Business District
B-3 General Business District
M-1 Light Manufacturing District
M-2 General Manufacturing District
1131.03 ESTABLISHMENT ON ZONING MAP.
The several districts and boundaries thereof are hereby adopted and established as shown on the Zoning Map of the City of Bellefontaine, Ohio, which map, together with all notations, references, data, district boundaries and other information shown thereon, is hereby made a part of this Zoning Ordinance. The zoning Map, properly attested, shall be and remain on file in the office of the City Engineer.
1131.04 DISTRICT BOUNDARIES.
Except where referenced on the Zoning Map to a street or alley line or other designated line by dimensions shown on the Map, the district boundary lines follow lot lines or the center lines of streets or alleys as they existed at the time of the passage of this Ordinance, but where a district line obviously does not coincide with the lot lines or such center lines or where it is not designated by dimensions, it shall be deemed to be 120 feet back from the nearest street line parallel to which it is drawn.
1131.05 DIVIDED LOTS; EXTENSION OF DISTRICT.
Where a district boundary line established in this chapter or as shown on the Zoning Map divides a lot which was in single ownership as of the time of the passage of this Ordinance, authorized thereon and the other district requirements applying to the least restricted portion of such lot under this Zoning Ordinance shall be considered as extending to the entire lot, provided the more restricted portion of such lot is entirely within twenty-five feet of the dividing district boundary line. The use so extended shall be deemed to be conforming.
1131.06 UNCERTAINTY AS TO BOUNDARIES; INTERPRETATION.
All questions concerning the exact location of district boundary lines shall be determined by the Board of Zoning Appeals according to rules and regulations which may be adopted by it.
1131.07 VACATED STREET OR ALLEY.
Whenever any street, alley or other public way is vacated by official action as provided by law, the zoning district adjoining the side of such public way shall be extended automatically, depending on the side or sides to which such lands revert, to include the right of way thus vacated, which shall thenceforth be subject to all regulations of the extended district or districts.
1131.08 PROPERTY NOT INCLUDED.
In every case where property has not been specifically included within a district, the same is hereby declared to be in the R-l District. All newly annexed property would retain the zoning designation of the Township and is therefore required to be rezoned into one of the several City of Bellefontaine Zoning Districts.
1131.09 ANNEXATIONS.
Prior to the adoption of any ordinance for the annexation of land to the city, the applicant for such annexation shall submit the plat of such proposed annexation to the Planning Commission, who shall study the same and make recommendations in writing to Council for the permanent zoning of such tract of land. Council shall, upon passage of this ordinance annexing such land, make provision therein for its permanent zoning, taking into consideration the recommendations of the Planning Commission.
1131.10 ANNEXATION FEE.
Each applicant for annexation of land to the city shall be accompanied by a check payable to the City Treasurer, or a cash payment, sufficient in amount to cover the costs realized by the City for the processing of the same, but in no event shall such amount be less than two hundred fifty dollars ($250.00).
1133.01 CONFORMANCE REQUIRED.
Except as hereinafter specified, no land, building, structure or premises shall hereafter be used, and no building or part thereof, or other structure, shall be located, erected, moved, reconstructed, extended, enlarged or altered except in conformity with the regulations specified in this Zoning Ordinance for the districted in which it is located; such regulations including, but without limitation, the following: the use of buildings, structures or land, including performance standards for the control of any dangerous and objectionable elements, as defined herein, in connection with such use; the height, size, dimensions of buildings or structure; the size or dimensions of lots, yards and other open spaces surrounding buildings; the provision, location, size improvement and operation of off-street parking, loading and unloading spaces.
1133.02 ACCESSORY BUILDINGS IN R DISTRICTS.
(a) General. An accessory building may be erected detached from the principal building or, except when a stable, may be erected as an integral part of the principal building, or it may be connected therewith by a breezeway or similar structure. Except as provided in Chapter 1157
, no accessory building shall be erected in any required yard or court, except a rear yard, and shall not occupy more than thirty-five percent (35%) of a required rear yard.
(b) Corner Lots. In any R District, where a corner lot adjoins in the rear a lot fronting on the side street and located in an R District, no part of an accessory building on such corner lot within twenty-five (25) feet of the common lot line shall be nearer a side street lot line than the least depth of the front yard required along such side street for a dwelling on such adjoining lot, and in no case shall any part of such accessory building be nearer to the side street lot line than the least width of the side yard required for the principal building to which it is accessory.
(c) Front Setback. No accessory use or structure in any R District, except an off-street parking area subject to the provisions of Chapter 1165
shall be permitted nearer to any front lot line than sixty (60) feet, unless such use or structure is contained within or constitutes an integral part of the main building. In the case of a corner lot where the Board of Zoning Appeals approves the choice by the owner of the longer street lot line as the front lot line, this requirement shall apply only to the distance of an accessory building from the shorter street lot line.
(d) Yard Requirements. Except as provided in Chapter 1155
an accessory building if not located in the rear yard shall be an integral part of, or connected with, the principal building to which it is accessory, and shall be so placed as to meet all yard and court requirements for a principal building, of the same height and other dimensions as the accessory building.
(e) Without Main Building. In any R District, no accessory building or structure shall be erected or constructed prior to the erection or construction of the principal or main building.
(Ord. 98-59. Passed 8-4-98.)
(f) Swimming Pools. In-ground pools or pools which have a ground level entrance at any point must have a privacy fence six (6) feet in height which denies access to the pool. All gates must have safety locks and be locked when not in use.
Above-ground pools must be designed so as to deny access to the pool by having walls at least four (4) feet above ground level or wall extensions (fencing) at least four (4) feet above ground level. Also, steps accessing the pool must be retractable and must be kept up and locked when not in use. Above ground pools four (4) feet in depth or smaller require no permit or review.
All in-ground and above-ground pools require a zoning permit. The application should be accompanied by a drawing showing the swimming pool location and its relation in measurements to the side and rear lot lines, and the rear yard dimensions. All pools are to have a minimum ten (10) feet rear yard setback and twenty feet side yard setback.
(Ord. 20-69. Passed 10-27-20.)
(g) Temporary Storage Containers. Temporary Storage Containers means any container, enclosure, structure, portable on-demand storage device (POD), metal shipping container, mobile storage unit, and any other device which is designed to be portable and transportable, commonly used to store home furnishings and other personal items on a temporary basis. These units are normally delivered and left on-site to be packed and subsequently removed after a short period of time. Temporary storage containers do not include self-propelled motor vehicles or moving vans.
(1) Permit Required. No temporary storage container shall be placed upon any property without first obtaining a zoning certificate from the Zoning Inspector.
(2) Restrictions. All temporary storage containers on residential properties shall comply with the following:
A. Shall not be placed in the right of way or any easement
B. Shall not be positioned as to create a sight obstruction for any roadway, alley, or sidewalk and must conform to Section 1133.05.
C. Shall adhere to setback requirements for accessory structures in the specific zoning district it is located, however it must be placed on driveway or impervious surface.
D. Shall not be connected to plumbing or electrical services.
E. Shall be securely locked at all times other than during actual loading or unloading of items being stored in the unit.
F. Shall not exceed one-hundred and sixty-nine (169) square feet in area and exceed eight (8) feet in height.
G. No more than one temporary storage container shall be placed on any lot at one time.
H. The maximum duration for placement is thirty (30) consecutive days. Each issued zoning certificate will be issued based on a thirty (30)-day interval and will not be separated in shorter durations.
I. Up to two (2) fourteen (14)-day extensions may be granted by the zoning inspector for each zoning certificate based on unforeseen circumstances.
J. No more than two (2) zoning certificates will be issued for a lot or parcel within a three-hundred and sixty-five (365) day period.
K. The fee for a zoning certificate for a temporary storage container shall be a minimum of twenty-five dollars ($25.00) and shown on the fee schedule available in the City Engineer's Office.
(3) Exceptions: The Zoning Inspector may issue a zoning certificate exceeding the time limits and fees above in compliance with the following:
A. Storing personal property as a result of a major calamity ( e.g. fire, flood, or other event where there is significant property damage).
B. Storing work materials for a subdivision or commercial property development for the duration of the project. In no case shall it be extended past the expiration date of the zoning certificate issued for the primary structure or seven (7) days after the project is completed whichever is the least.
(Ord. 24-26. Passed 4-23-24.)
1133.03 MINIMUM GROUND FLOOR AREA.
(a) Single-Family Residential.
(1) One Story Dwellings. A one-story dwelling shall contain not less than 900 square feet of usable ground floor area, exclusive of open porches, garages, carports or steps.
(2) One and One-Half and Two Story Dwellings. A story and one-half or a two-story dwelling, shall contain not less than 650 square feet of ground floor area, exclusive of open porches, garages, carports or steps.
(b) Apartment Units.
(1) One Story Dwellings. A one-story dwelling shall contain not less than 500 square feet of usable ground floor area, exclusive of open porches, garages, carports or steps.
(2) One and One-Half and Two Story Dwellings. A story and one-half or a two-story dwelling, shall contain not less than 500 square feet of ground floor area, exclusive of open porches, garages, carports or steps.
1133.04 STREET FRONTAGE REQUIRED.
Except as permitted by other provisions of this Zoning Ordinance, no lot shall contain any building used in whole or part for residential purposes unless such lot abuts for at least forty (40) feet on a street, and there shall be not more than one single-family dwelling for such frontage.
1133.05 TRAFFIC VISIBILITY ACROSS CORNER LOTS.
In any R District on any corner lot, no fence, structure or planting shall be erected or maintained within twenty feet of the corner (the point of intersection of the street lot lines), so as to interfere with traffic visibility across the corner.
1133.06 REQUIRED AREA OR SPACE CANNOT BE REDUCED.
No lot, yard, court, parking area or other space shall be reduced in an area or dimension so as to make the area or dimension less than the minimum required by this Zoning Ordinance. No part of a yard, court, parking area or other space provided about, or for, any building or structure for the purpose of complying with the provisions of this Ordinance shall be included as part of a yard, court, parking area or other space required under this Ordinance for another building or structure.
1133.07 OFF-STREET PARKING AND LOADING.
In any district, spaces for off-street parking and for off-street loading and unloading shall be provided in accordance with the provisions of Chapter 1165
.
1133.08 ENCROACHING DOORS.
Every garage building or portion of a main building used for garage purposes shall be so equipped that the doors when open or being opened will not project beyond any lot line of the lot on which such building is located. when the doors open to an alley, the wall or portion thereof containing the doors shall be at least six feet from the line forming the common boundary between the lot and the alley.
1133.09 ESSENTIAL SERVICES.
Essential services shall be permitted as authorized and regulated by law and other ordinances of the City, it being the intention hereof to exempt such essential services from the application of this Zoning Ordinance.
1133.10 UNSAFE BUILDINGS.
Nothing in this Zoning Ordinance shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by proper authority.
1133.11 PENDING APPLICATIONS FOR BUILDING PERMITS.
Nothing contained in this Zoning Ordinance shall require any change in the overall layout, plans, construction, size or designated use of any development, building, structure or part thereof, for which official approvals and required building permits have been granted prior to the effective date of this Zoning Ordinance and completion thereof carried on in a normal manner within the subsequent six month period, and not discontinued until completion, except for reasons beyond the builders' control.
1135.01 PRINCIPAL PERMITTED USES.
No building, structure or land shall be used and no building or structure shall be erected, altered or enlarged which is arranged, intended or designed for other than one of the following uses, except as provided in Chapter 1125
.
(a) Residential. One-family detached dwellings.
(b) Institutional and Cultural. Churches and other places of worship and Sunday school buildings located not less than twenty feet from any other lot in any R District; schools and colleges for academic instruction, located not less than forty feet, and public libraries, public museums, public art galleries and similar public cultural uses, located not less than twenty feet from any other lot in any R District; cemeteries.
(c) Recreational. Public parks, playgrounds, recreational and community center buildings and grounds; golf courses, country clubs, tennis courts and similar recreational uses, all of a noncommercial nature; provided that any principal buildings used therefor shall be located not less than forty feet from any other lot in any R District.
(d) Agricultural. Nurseries, greenhouses and general farming, not including commercial animal farms or kennels; provided any lot or tract in such use shall be not less than five acres in area and provided that any greenhouse heating plant or any building in which farm animals are kept shall be not less than 200 feet from every lot line.
(f) Residential Planned Unit Development. Subject to the requirements of this chapter and the provisions of Chapter 1199
.
1135.02 CONDITIONALLY PERMITTED USES.
The following uses shall be permitted only if specifically authorized by the Board in accordance with the provisions of Chapter 1125
.
(a) Recreational. Private non-commercial recreational areas and facilities not listed above, including commercial golf courses, country clubs and driving ranges provided that any principal buildings used therefore shall be located not less than forty feet from any other lot in any R District.
(b) Utility Stations. Static transformer stations, booster stations and other utility stations, when operating requirements necessitate locating in an R- 1 District in order to serve the neighborhood; provided there is no yard or garage for service or storage, and provided further, that the premises upon which such utility station is erected and maintained shall be appropriately landscaped and screened so as to be in harmony with the general appearance of the neighborhood.
(c) Extraction of Gravel, Etc. Stripping of soil, sand and gravel pits, not including any processing, provided that any building which houses power-driven-or power- producing machinery or equipment shall be located at least 900-feet from any other lot in any R District.
1135.03 ACCESSORY USES.
Accessory uses, buildings or other structures customarily incidental to any aforesaid permitted or conditionally permitted uses may be established, erected or constructed; provided that such accessory uses shall not involve the conduct of any business, trade or industry, or any private walk or way giving access to such activity, or any billboard, sign or poster other than hereinafter authorized, and not including the boarding of animal) or the keeping of fowl or farm animals except in a building at least 200 feet distant from every lot line. Accessory uses may include the following:
(a) Gardening, Farm Animals, Etc. Gardening, the raising of vegetables or fruits and the keeping of domestic or farm animals exclusively for the use or personal enjoyment of residents of the premises and not for commercial purposes, provided that any heating plant and any structures in which farm animals are kept shall be located at least 200 feet from every lot line.
(b) Summer Houses and Servants' Quarters. Summer houses and living quarters of persons employed on the premises, without kitchen facilities and not rented or otherwise used as a separate dwelling.
(c) Parking Facilities. Garages, carports or other parking spaces for the exclusive use of residents of the premises. (Ord. 98-59. Passed 8-4-98.)
(d) Swimming Pools - In Ground and Above Ground. Swimming pools exclusively for the use of the residents and guests, providing that no swimming pools shall be located nearer to a side lot line than twenty (20) feet and nearer to a rear lot line than ten (10) feet and providing that a minimum four (4) foot fence or pool wall height (with retractable steps) is provided around the entire pool. Pools four (4) feet in depth or smaller need not be reviewed for these criteria.
(Ord. 20-70. Passed 10-27-20.)
(e) Real Estate and Professional Signs. Real estate, small announcement and professional signs subject to the provisions of Chapter 1185
.
1135.04 HEIGHT REGULATIONS.
No principal structure shall exceed two and one-half stories or thirty-five feet in height, and no accessory structure shall exceed one story or fifteen feet in height, except as provided in Chapter 1159
.
1135.05 LOT AREA, FRONTAGE AND YARD REQUIREMENTS.
The following minimum requirements shall be observed, except as otherwise provided in the Chapter 1155
.
Lot Area (sq. ft.) | Lot Frontage (ft.) | Front Yard Depth (ft.) | |
Dwellings | |||
1 & 1-1/2 stories | 9,000 | 60 | 25 |
2 & 2-1/2 stories | 9,000 | 60 | 25 |
Other Permitted Uses | |||
1 & 1-1/2 stories | 20,000 | 100 | 35 |
2 & 2-1/2 stories | 20,000 | 100 | 35 |
Side Yard Widths Least Width (ft.) | Sum of Least Widths (ft.) | Rear Yard Depth (ft.) | |
Dwellings 1 & 1-1/2 stories | 6 | 15 | 40 |
2 & 2-1/2 stories | 8 | 18 | 40 |
Other Permitted Uses 1 & 1-1/2 stories | 12 | 30 | 40 |
2 & 2-1/2 stories | 15 | 35 | 40 |
1137.01 PRINCIPAL USES PERMITTED.
(a) General. All principal uses permitted and as regulated in the R-1 District, except as hereinafter specified.
(b) Residential. Two-family dwellings.
(c) Hospital. Hospitals for human care, provided that any buildings shall be at least 100 feet distant from any lot in any R District.
(Ord. 15-10. Passed 3-10-14.)
1137.02 CONDITIONALLY PERMITTED USES.
(a) General. All conditionally permitted uses as regulated in the R-1 District.
(Ord. 15-10. Passed 3-10-14.)
1137.03 ACCESSORY USES.
Accessory uses or structures permitted and as regulated in the R-1 District.
(a) Professional Offices. The office or studio in the residence of a physician, dentist, artist, lawyer, engineer, teacher, architect or other member of a recognized profession, but not including schools of any kind with organized classes or similar activity; provided that not more than one-half of the floor area of one floor of the dwelling is devoted to such accessory use, that not more than one person not a resident on the premises is employed, that no such use shall require structural alterations or involve construction features not customary in dwellings and that the entrance to such office or studio shall be from within the dwelling; an unlighted nameplate only, of not over one square foot in area attached flat against the building, shall be permitted.
(b) Home Occupations. Customary home occupations, such as handicraft, dressmaking, millinery, laundry, preserving and home cooking; provided that such occupation shall be conducted exclusively by resident occupants and provided further that not more than one-quarter of the area of one floor of the residence shall be used for such purposes, that no structural alterations or constructions involving features not customarily found in dwellings are required and that the entrance to the space devoted to such use shall be from the dwelling. An unlighted sign only, of not over one square foot in area and attached flat against the building, shall be permitted. Refer to Section 1183
.
1137.04 HEIGHT REGULATIONS.
Height regulations shall be the same as specified in the R-1 District.
1137.05 LOT AREA, FRONTAGE AND YARD REQUIREMENTS.
Lot Area (sq. ft.) | Lot Frontage (ft.) | Lot Area Per Family (sq. ft.) | Front Yard Depth (ft.) | |
One Family Dwellings | ||||
1 & 1-1/2 stories | 6,000 | 50 | 6,000 | 25 |
2 & 2-1/2 stories | 6,000 | 50 | 6,000 | 25 |
Two Family Dwellings | ||||
1 & 1-1/2 stories | 7,000 | 50 | 3,500 | 25 |
2 & 2-1/2 stories | 7,000 | 50 | 3,500 | 25 |
Multi Family Dwellings & Dwelling Group | See R-3 District | |||
Hospitals | Two acres | 70 | 2,500 | 25 |
Hospitals for contagious disease, drug addicts, mentally impaired | Five acres | 100 | 2,500 | 25 |
Buildings for the treatment of contagious diseases, drug addicts and the mentally impaired, must be 50 feet from any lot line in any R-District. Other buildings shall be the same as general hospitals.
Side Yard Widths | |||
Least Width (ft.) | Sum of the Least Widths (ft.) | Rear Yard Depths (ft.) | |
One Family Dwellings 1 & 1-1/2 stories 2 & 2-1/2 stories | 6 8 | 15 18 | 40 40 |
Two Family Dwellings 1 & 1-1/2 stories 2 & 2-1/2 stories | 8 8 | 20 20 | 45 45 |
Multi-Family Dwellings | See R-3 District | ||
Hospitals | 12 | 30 | 50 |
1139.01 PRINCIPAL USES PERMITTED.
All principal uses permitted and as regulated in the R-1, except as hereinafter specified.
(a) Residential. Condominium dwelling(s).
(Ord. 06-43. Passed 8-8-06.)
1139.02 CONDITIONALLY PERMITTED USES.
(a) General. All conditionally permitted uses as regulated in the R-1 District.
(Ord. 06-43. Passed 8-8-06.)
1139.03 ACCESSORY USES.
(a) General. Any accessory use or structure customarily incident or accessory to a principal permitted use or conditionally permitted use in the R-3-C District.
(Ord. 06-43. Passed 8-8-06.)
1139.04 HEIGHT REGULATIONS.
No principal structure shall exceed three and one-half stories or forty feet in height, and no accessory structure shall exceed two stories or twenty-five feet in height, except as provided in Chapter 1159
.
(Ord. 06-43. Passed 8-8-06.)
1139.05 LOT AREA, FRONTAGE AND YARD REQUIREMENTS AND MINIMUM FLOOR AREA.
Lot Frontage (sq. ft.) | Lot Area Per Dwelling Unit (ft.) | Front Yard Depth (ft.) | Minimum Floor Area Per Dwelling Unit (sq. ft.) | |
One Family Dwellings | (Same as R-1 District Requirements) | |||
Condominium Dwellings: 1&1-1/2 stories | 70 | 2,700 | 25 | 800 |
2 & 2-1/2 stories | 70 | 2,700 | 25 | 1,000 |
3 & 3-1/2 stories | 70 | 2,700 | 25 | 1,200 |
Side Yard Widths | ||||
Least Width (ft.) | Sum of Least Widths (ft.) | Rear Yard Depths (ft.) | ||
1 & 1-1/2 stories | 7 | 17 | 30 | |
2 & 2-1/2 stories | 8 | 20 | 30 | |
3 & 3-1/2 stories | 10 | 25 | 40 | |
(Ord. 06-43. Passed 8-8-06.)
1141.01 PRINCIPAL USES PERMITTED.
All principal uses permitted and as regulated in the R-1 and R-2 Districts, except as hereinafter specified.
(a) Residential. Multi-family dwellings for any number of families or housekeeping units.
(b) Residential/Commercial Planned Unit Development. Subject to the requirements of this chapter and the provisions of Chapter 1199
.
(Ord. 15-10. Passed 3-10-14.)
1141.02 CONDITIONALLY PERMITTED USES.
(a) General. All conditionally permitted uses as regulated in R-2 Districts except as hereinafter specified.
(b) Motels. Only on premises that front on a street officially designated as a State or Federal highway, and subject to the provisions of Chapter 1167
.
(c) Clubs. Private clubs, fraternities, lodges and meeting places for other similar organizations, not including those that are customarily conducted as a gainful business, provided all buildings in which such organizations or activities are housed shall be located at least twenty feet from any lot in any R District.
(d) Professional Offices. The office or studio of a physician, dentist, artist, lawyer, engineer, teacher, architect or other member of a recognized profession, including clinics.
(Ord. 15-10. Passed 3-10-14.)
1141.03 ACCESSORY USES.
(a) General. Any accessory use or structure permitted and as regulated in the R-2 District, and any accessory use or structure customarily incident or accessory to a principal permitted use or conditionally permitted use or conditionally permitted use in the R-3 District.
(Ord. 15-10. Passed 3-10-14.)
1141.04 HEIGHT REGULATIONS.
No principal structure shall exceed three and one-half stories or forty feet in height, and no accessory structure shall exceed two stories or twenty-five feet in height, except as provided in Chapter 1159
.
1141.05 LOT AREA, FRONTAGE AND YARD REQUIREMENTS.
Lot Area (sq. ft.) | Lot Frontage (ft.) | Lot Area Per Family (sq. ft.) | Front Yard Depth (ft.) | |
One and Two Family Dwellings | Same as R-2 | |||
Multi-Family Dwellings | ||||
1 & 1-1/2 stories | 8,000 | 70 | 2,000 | 25 |
2 & 2-1/2 stories | 8,000 | 70 | 2,000 | 25 |
3 & 3-1/2 stories | 8,000 | 70 | 2,000 | 25 |
Planned Unit Development Projects | 3 acres minimum | -- | 2,000 | -- |
Side Yard Widths | Rear Yard Depths (ft.) | |||
Least Width (ft.) | Sum of the Least Widths (ft.) | |||
1 & 1-1/2 stories | 10 | 20 | 50 | |
2 & 2-1/2 stories | 12 | 25 | 50 | |
3 & 3-1/2 stories | 14 | 30 | 55 | |
1143.01 PURPOSE.
The Hospital Medical District is designed to provide for compact hospital-medical facilities development with related hospital oriented uses that complement each other in terms of the functions being performed. This district is mapped to recognize the need for expansion of present hospital facilities and to provide area for hospital related medical office facilities.
1143.02 PRINCIPAL USES PERMITTED.
(a) Offices for physicians, dentists, ophthalmologists, optometrists and podiatrists.
(b) All principal use permitted and as regulated in the R-2 District.
1143.03 CONDITIONALLY PERMITTED USES.
All conditionally permitted uses as regulated in the R-2 District.
1143.04 ACCESSORY USES.
Accessory uses or structures permitted and as regulated in the R-2 District.
1143.05 HEIGHT REGULATIONS.
No principal structure shall exceed three stories or forty feet in height, and no accessory structure shall exceed two and one-half stories or thirty-five feet in height with the exceptions as noted hereinafter and the exceptions as provided in Chapter 1159
.
1143.06 LOT AREA, FRONTAGE AND YARD REQUIREMENTS.
Lot Area (sq. ft.) | Lot Frontage (ft.) | Lot Area Per family (sq. ft.) | Front Yard Depth (ft.) | |
HMD Principal permitted uses | 6,000 | 70 | N/A | 25 |
Side Yard Widths | ||||
Least Width (ft.) | Sum of the Least Widths (ft.) | Rear Yard Depths (ft.) | ||
15 | 30 | 20 | ||
1143.07 PARKING AND SIGNS.
(b) Signs in this district shall be regulated and governed by and shall comply with the sign ordinance as it relates to the R-3 District (1141.01
(b)).
1143.08 EXCEPTIONS.
None of the height, lot area, frontage and yard requirements shall be applicable to the use of an existing structure for any of the uses permitted herein.
1145.01 PRINCIPAL USES PERMITTED.
Any local retail business or service establishment supplying commodities or performing services primarily for residents of the neighborhood, such as:
(Ord. 3445. Passed 3-25-70.)
(a) Retail and Services. Groceries, supermarkets, fruit and vegetable stores, drug stores, barber shops, beauty parlors, clothes cleaning and laundry pick-up, drive-in banks, convenience businesses as defined in Chapter 1103, and the like.
(Ord. 24-21. Passed 3-26-24.)
(b) Offices. Business and professional.
(c) Eating and Drinking Places. Restaurants, cafes, soda fountains, ice cream parlors; not including entertainment or dancing or the sale of alcoholic beverages, and not including drive-in restaurants.
(e) Outdoor Advertising. Billboards and other outdoor advertising signs and structures provided these area located on premises abutting an officially designated Federal or State highway and subject to the provisions of Chapter 1185
.
(f) Building and Related Trades. Carpenter shops, electrical, plumbing, heating shots, interior decorating and paper hanging shops, furniture upholstering and similar enterprises, not including contractor's yards, but not within 100 feet from any R District. (Ord. 3445. Passed 3-25-70.)
(g) Residential Uses. Any use permitted and as regulated in the residence district adjoining the B- 1 District; and if there are adjoining two or more different categories of residence districts, the regulations of the least restrictive residence district shall prevail; excepting that any R-3 uses shall not be permitted.
(Ord. 15-10. Passed 3-10-15.)
(h) Other Uses. Any other retail business or service establishment determined by the Board to be of the same general character as the above permitted uses, not including those which are first permitted or are not permitted in the B-2 District.
(i) Residential/Commercial/Industrial Planned Unit Development. Subject to this chapter and the provisions of Chapter 1199
.
1145.02 CONDITIONALLY PERMITTED USES.
The following uses shall be permitted only when specifically authorized by the Board of Zoning Appeals in accordance with the provisions of Chapter 1125
provided such uses are located on premises abutting a major thoroughfare as shown on the official Thoroughfare Plan of the City.
(a) Drive-In Establishments. Drive-in eating and drinking places, summer gardens, road houses, including entertainment and dancing, sale and consumption of alcoholic beverages, provided the principal building in which such activities are housed is distant not less than 200 feet from any R District.
(b) Entertainment. Drive-in theaters distant at least 200 feet from any public right of way and at least 300 feet from any R District, and provided the screen shall be so located as not to be visible from an adjacent street.
(c) Automotive Services; Farm Implements. Automobile, truck, trailer, farm implement for sale, display, hire or repair, including sales lots, used car lots, repair garages' body and fender shops and paint shops, provided buildings in which such activities are housed shall be distant at least 200 feet from any R District and provided further that used car lots and outdoor displays shall be distant at least fifty feet from any R District.
(d) Animal Hospitals, Etc. Veterinary clinics, animal hospitals, kennels and catteries, display, housing or boarding of pets and other domestic animals, zoological gardens, provided that enclosures or buildings in which the animals are kept shall be distant at least 200 feet from any R District.
(e) Commercial Recreation. Any type of commercial recreation, including baseball fields, swimming pools, skating rinks, golf driving ranges and similar open-air facilities, provided such establishments shall be distant at least 200 feet from any R District.
(f) Contractor’s Yards, Storage Yards and Similar Establishments. Building material yards, not including concrete mixing; contractor’s equipment storage yard or plant and rental of equipment commonly used by contractors’ trucking or motor freight stations or terminals; retail lumber yards, including incidental mill work; storage and sale of grain, livestock feed or fuel; carting, express or hauling establishments, including storage of vehicles, provided such uses are conducted either:
(1) Wholly within completely enclosed buildings, except for storage of vehicles, which shall be distant at least 100 feet from any R District, unless such building has no openings other than stationary windows and required fire exits, within such distance, but not within fifty feet of any R District in any case; or
(2) When conducted within an area completely enclosed on all sides with a solid wall or uniformly painted solid board fence not less than six feet high, but not within 200 feet of any R District.
All storage yard related to the uses in this section shall be so enclosed.
(g) Other Uses. Any other use which is determined by the Board to be of the same general character as the above uses, but not including any use which is first permitted or which is not permitted in the B-2 District.
1145.03 ACCESSORY USES.
(a) General. Accessory uses and structures as permitted and regulated in the R-3 District and any other accessory uses and structures customarily accessory and incidental to any of the foregoing permitted or conditionally permitted uses.
1145.04 REQUIRED CONDITIONS.
(a) Business in Enclosed Buildings. All businesses, services or processing shall be conducted wholly within a completely enclosed building, except for the sale of automotive fuel, lubricants and fluids at service stations, and such outdoor display or storage of vehicles, materials and equipment as hereinbefore specifically authorized or as may be authorized by the Board of Zoning Appeals.
(b) Production for Sale at Retail. All products produced on the premises whether primary or incidental shall be sold at retail primarily on the premises where produced.
(c) Use Must be Nonobjectionable. Processes and equipment employed in goods processed or sold shall be limited to those which are not objectionable by reason of odor, dust, smoke, cinders, gas, fumes, noise, vibration, refuse matter or water carried waste.
1145.05 HEIGHT REGULATIONS.
No principal structure shall exceed two and one-half stories or thirty-five feet in height, and no accessory structures shall exceed one story or fifteen feet in height, except as provided in Chapter 1159
.
1145.06 LOT AREA, FRONTAGE AND YARD REQUIREMENTS.
Lot Areas | Lot Frontage | Front Yard Depth (ft.) | Side Yard Width | Rear Yard Depth |
Nonresidential: None | None | 25 | None; except when adjoining R District then not less than 10 ft. | None; except when adjoining R District then not less than 10 ft. |
Dwellings | Same as R-3 District | |||
1147.01 PRINCIPAL USES PERMITTED.
Any use permitted and as regulated in the B-1 District, except as hereinafter modified and the following:
(Ord. 3445. Passed 3-25-70.)
(a) Retail and Services. Art or antique shops, artists' supplies stores, self-service laundries, dry-cleaning shops, interior decorating and paper handing shops, department stores, mailorder houses and retail and service outlets where a variety of goods and services are offered under the same roof or shared environment and having a usable floor area less than 20,000 square feet such as strip centers, minimalls and shopping malls. (Ord. 24-20. Passed 3-26-24.)
(b) Banks. Including drive-in banks.
(c) Eating and Drinking Places. Bars, restaurants, cocktail lounges.
(d) Entertainment. Night clubs, theaters, billiard parlors, pool halls, bowling alleys, dance halls and similar enterprises, but not within 200 feet of any R District.
(e) Trade or Business Schools. Provided machinery which is used for instruction purposes is not objectionable due to noise, fumes, smoke, odor or vibration.
(f) Commercial Art Studios. Including photographic studies, dancing studios, radio and television studies and the like.
(g) Printing and Related Trades. Publishing, including newspaper publishing, job printing, lithographing, blue printing, etc., but not within 100 feet from any R District.
(i) Funeral Homes and Mortuaries.
(j) Automotive Services. Automotive display, hire, sales and minor repair public garage, not including major repair, provided all operation other than display and sales shall be conducted wholly within a completely enclosed building, and provided further that building used for repair of automobiles or public garage shall be at least fifty feet from any R District and shall have no openings adjoining the R District, other than stationary windows and fire escapes.
(k) Other Uses. Any other retail business or service establishment or use, which determined by the Board of Zoning Appeals to be of the same general character as the above permitted uses, but not including any use which is first permitted in the M- 1 District.
(l) Residential/Commercial Planned Unit Development. Subject to this chapter and the provisions of Chapter 1199
.
1147.02 ACCESSORY USES.
Accessory uses and structures as permitted and as regulated in the B-1 Districts and such other accessory uses and structures, not otherwise prohibited, customarily accessory and incidental to any of the foregoing permitted uses.
1147.03 REQUIRED CONDITIONS.
Required conditions shall be the same as specified for the B-1 District.
1147.04 HEIGHT REGULATIONS.
No principal structure shall exceed three stories or forty feet in height and no accessory structure shall exceed two stories or thirty-feet in height, except as provided in Chapter 1159
.
1147.05 LOT AREA, FRONTAGE D YARD REQUIREMENTS.
Lot Areas | Lot Frontage | Front Yard Depth (ft.) | Side Yard Width (ft.) | Rear Yard Depth |
Nonresidential: None | None | 25 | None; except when adjoining an R-District then not less than 10 ft. | None; except when adjoining R-District then not less than 10 ft. |
Dwelling | Same as R-3 District | |||
1149.01 PRINCIPAL USES PERMITTED.
Any use permitted and as regulated in the B-1, B-2 and HMD Districts and the following:
(a) Retail and service outlets having a usable floor area of 20,000 square feet or greater, such as strip centers, mini-malls, and shopping malls, where a variety of goods and services are offered under the same roof or shared environment.
(b) Office towers, buildings, or complexes which house a number of offices occupied by one or more services under the same roof or shared environment.
(c) Business Park, where an area has been developed for the stated purpose of housing a number of varied businesses.
(d) Businesses, including general, highway, office type, services and wholesale.
(Ord. 3445. Passed 3-25-70; Ord. 24-22. Passed 3-26-24.)
1149.02 PROHIBITED USES.
M-1 and M-2 District permitted uses are not permitted uses in a B-3 District.
1149.03 ACCESSORY USES.
Accessory uses and services as permitted and as regulated in the B-2Districts and such other accessory uses and services, not otherwise prohibited, customarily accessory and incidental to any of the foregoing permitted uses.
1149.04 REQUIRED CONDITIONS.
Required conditions shall be the same as specified for the B-2 District.
1149.05 HEIGHT REGULATIONS.
No principal structure shall exceed five stories or sixty feet in height and no accessory structure shall exceed three stories, or forty feet in height, except as provided in Chapter 1159
.
1149.06 LOT AREA, FRONTAGE AND YARD REQUIREMENTS.
Lot Areas | Frontage | Front Yard Depth (ft.) | Side Yard Width (ft.) | Rear Yard Depth |
Nonresidential: None | None | 25 | None; except when adjoining an R-District then not less than 25 ft. | None; except when adjoining R-District then not less than 25 ft. |
Dwelling | Same as R-3 District | |||
1151.01 PRINCIPAL PERMITTED USES.
Any uses permitted and as regulated in the B-3 District, except as hereinafter modified, provided that all conditionally permitted uses of the B-3 District shall be considered principal permitted uses.
(a) Manufacturing. Except for uses and processes in Section 1151.04
prohibited therein, the manufacturing, compounding, processing, packaging and assembling of products such as:
(1) Bakery goods, candy, cosmetics, pharmaceuticals, toiletries and food products; except fish or meat products, sauerkraut, vinegar, yeast and the rendering or refining of fats or oils.
(2) Products from the following previously prepared materials: bone, canvas, cellophane, cloth, cork, feathers, fiber, fur, glass, hair, stones, sheet metal, except where presses over twenty tons rated capacity are employed, shell, textiles, tobacco, wax, wood, except where saw and planning mills are employed, yarns.
(3) Pottery and figurines, using previously pulverized clay, and kilns fired only with gas or electricity.
(4) Musical instruments, toys, novelties, rubber or metal stamps and other small rubber products.
(5) Electrical and electric appliances, instruments and devices, television sets, radios, phonographs.
(6) Electric and neon signs, billboards and other commercial advertising structures; light sheet metal products including heating and ventilating equipment, cornices, eaves and the like.
(b) Laboratories. Experimental, firm or testing laboratories, provided no operation shall be conducted or equipment used which would create hazards, noxious or offensive conditions.
(c) Warehouses. For the storage of merchandise and materials.
(d) The Following Uses. Provided no part of a building occupied by such uses shall have any opening other than stationary windows or required fire exits, within 100 feet of any R District;
(1) Blacksmith, welding or other metal working shop, excluding punch presses over twenty tons rated capacity, drop hammers and other noise-producing machine-operated tools.
(2) Foundary, casting lightweight nonferrous metals, or electric foundary not causing noxious fumes or odors.
(3) Bag, carpet and rug cleaning, provided necessary equipment is installed and operated for the effective precipitation or recovery of dust.
(4) Ice manufacturing and cold storage plant; creamery and bottling plant.
(e) The Following Uses. When located not less than 20 feet from any R District:
(1) Inflammable liquids, underground storage only not to exceed 25,000 gallons.
(2) Building materials sales yards, including concrete mixing lumber yards, including millwork, open yards for storage and sale of feed and/or fuel.
(f) Other Uses. Any other use that is determined by the Board of Zoning Appeals, to be of the same general character as the above permitted uses, but not including any use which is permitted in the M-1 District under Section 1151.04
.
(g) Commercial/Industrial Planned Unit Development. Subject to this chapter and the provisions of Chapter 1199
.
1151.02 ACCESSORY USES.
Accessory uses and structures permitted and as regulated in the B-3 District, except as hereinafter modified and such other uses and structures customarily accessory and incidental to any of the foregoing principal permitted uses, except for uses prohibited in an M-1 District.
1151.03 REQUIRED CONDITIONS.
(a) Enclosed Buildings. All businesses, services or processing shall be conducted wholly within a completely enclosed building, except for the sale of automobile fuel, lubricants and fluids at service stations, loading and unloading operations, parking, the outdoor display or storage of vehicles, materials and equipment and the uses specified in Section 1151.01
(d).
(b) Night Operation. No building customarily used for night operation, such as a bakery or milk bottling and distribution station, shall have any opening, other than stationary windows or required fire exits, within 100 feet of any R District, and any space used for loading or unloading commercial vehicles in connection with such an operation shall not be within 100 feet of any R District.
1151.04 PROHIBITED USES.
(a) General. Any use which is first permitted or is not permitted in the M-2 District.
(b) Dwellings. Dwellings and residences of any kind, including motels and trailer parks, also schools, hospitals, clinics and other institutions for human care, except where they are incidental to a permitted principal use; provided, that any of the aforesaid uses legally existing in the M-1 District at the time of the adoption of this Zoning Ordinance or any amendment thereto, shall not be classified as a nonconforming use as defined in Section 1103.02
(156) and subject to the provisions of Chapter 1161
.
(c) Offensive Uses; Not to be Authorized. No use shall be permitted or authorized to be established or maintained, which, when conducted under adequate conditions and safeguards in compliance with the provisions of this Zoning Ordinance and any additional conditions or requirements prescribed by the Board of Zoning Appeals, is or may become hazardous, noxious or offensive due to emission of odor, dust, smoke, cinders, gas, fumes, noise, vibration, beat frequency, refuse matter or water carried waste.
1151.05 HEIGHT REGULATIONS.
Within 200 feet of any R District, no structure shall exceed three stories or fifty feet in height, and no structure otherwise shall exceed in height the distance measured to the center line of any street; except as provided in Chapter 1159
.
1151.06 LOT AREA, FRONTAGE AND YARD REQUIREMENTS.
Lot Areas | Frontage | Lot Depth (ft.) | Front Yard Side Yard Width | Rear Yard Depth |
Nonresidential; | ||||
None | None | 25 | None-except when adjoining R-District, then not less than 25 ft. | 1 story/30 ft. 2 stories/40 ft. 3 stories/50 ft. Five feet more each story |
Dwellings or residential parts of nonresidential buildings | ||||
Not permitted in M-1 District (existing dwellings: same as R-3) | ||||
1153.01 PRINCIPAL PERMITTED USES.
Any use permitted in the following in certain parts of the District; or permitted in certain parts subject to Board of Zoning Appeals authorization; or which are not prohibited in the M-2 District by this chapter or by any other law or ordinance.
Any of the following uses, when located not less than 300 feet from any R District, and not less than 100 feet from any other district, except an M-1 District:
Acetylene manufacturing in excess of fifteen pounds of pressure per square inch
Acid manufacture, except as specified as a conditional use in Section 1153.02
Asbestos manufacturing
Automobile assembly
Bleaching, cleaning and dyeing plant of large scale production Boiler shops, machine shops, including repair, metal working shops employing reciprocating hammers or presses over twenty tons rate capacity
Brewing or distilling of liquors
Brick,- pottery, tile and terra cotta manufacturing
Bulk station
Candle or sperm oil manufacturing
Coal yards
Cooperage works
Dextrine, starch or glucose manufacturing
Disinfectant, insecticide or poison manufacturing
Dye and dyestuff manufacture
Enameling, lacquering or japanning
Emery clot or sandpaper manufacturing
Felt manufacturing
Flour or grain mill
Forge or foundry works
Gas, generation or storage for illumination or heating Grain drying or poultry feed manufacturing, from refuse, mash or grain
Hair or hair products manufacturing
Lime or lime products manufacturing
Linoleum, oil cloth or oiled goods manufacturing
Match manufacturing
Meat packing; but not stockyards or slaughterhouses, specified as a conditional use in Section
Oil, paint, shellac, turpentine, varnish or enamel
Paper and pulp manufacturing
Perfume manufacturing
Pickle, sauerkraut or sausage manufacturing
Plaster manufacturing
Poultry slaughterhouse, including packing and storage for wholesale
Printing ink manufacturing
Radium extraction
Sandblasting or cutting
Sawmill, the manufacture of excelsior, wood fiber or sawdust products
Sewage disposal plant
Shoddy manufacturing
Shoe blacking or polish or stove polish manufacturing
Soap manufacturing
Steam power plant, except where accessory to a permitted principal use
Stone and monument works employing power drive tools
Storage, drying, cleaning of iron, junk, rags, glass, cloth, paper and clipping, including sorting, refining, baling, woolpulling and scouring Sugar refining
Tar or asphalt roofing or water-proofing manufacturing tar distillation or manufacturing
Vinegar manufacturing
Wire or rod drawing-nut, screw or bolt manufacturing
Yeast manufacturing
Any other use which, in the opinion of the Board is of a similar character to those specified above.
Commercial/Industrial Planned Unit Development subject to this chapter and the provisions of Chapter 1199
.
1153.02 CONDITIONALLY PERMITTED USES.
Any of the following uses unless located not less than 600 feet from any R District, and not less than 200 feet from any other district except an M-1 or B-3 District; and unless authorized by the Board of Zoning Appeals as provided in Chapter 1107
, subject to such conditions and requirements as may, in the opinion of the Board, be necessary to protect adjacent property and prevent conditions which may become noxious or offensive:
Ammonia, chlorine or bleaching power manufacture
Animal black, lamp black, bone black or graphite manufacture
explosive or inflammable cellulose or pyroxyline products
manufacturing of storage
Cement, lime gypsum or plaster of Paris manufacture
Crematory
Creosote manufacture or treatment
Distillation of coal, petroleum, refuse, grain, wood or bones, except
in the manufacture of gas
Explosives manufacture or storage except for small arms ammunition
Fertilizer, compost, manufacture or storage
Fish curing, smoking or packing, fish oil manufacture or refining
Garbage, offal, dead animals, refuse, rancid fats, incineration,
reduction or storage
Glue manufacture, size or gelatin manufacture where the processes
include the refining or recovery of products from fish, animal refuse
or offal
Hog farm
Livestock feeding yard
Petroleum or inflammable liquids production, refining and storage above
ground
Rubber, caoutchouc or gutta percha manufacture and treatment from crude
or scrap material or the manufacture of balata
Slaughtering of animals or stock yards
Smelting of ferrous or nonferrous ores
Storage, curing or tanning of raw, green or salted hides or skins
Sulphurous, sulphuric, nitric, picric, carbolic or hydrochloric or
other corrosive acid manufacture
Any other use which in the opinion of the Board is of a similar character to those specified herein.
1153.03 ACCESSORY USES.
Accessory uses and structures permitted and as regulated in the M-1 District, except as hereinafter modified, and such other uses and structures customarily accessory and incidental to a permitted use, except of a type which is a conditionally permitted use.
1153.04 REQUIRED CONDITIONS.
(a) Enclosure Not Required. Any use may be conducted in the M-2 District within or without a building or enclosure, subject only to distance requirements where applicable.
(b) Junk Yards; Enclosure. All junk yards shall be enclosed by a solid board fence or wall not less than six feet high.
1153.05 PROHIBITED USES.
(a) Dwellings, Etc. Dwellings and residences of any kind, including motels, trailer parks, also schools, hospitals, clinics and other institutions for human care, except where incidental to a permitted principal use; provided, that any of the aforesaid uses legally existing in the M-2 District at the time of adoption of this Zoning Ordinance or any amendment thereto, shall not be classified as a nonconforming use as defined in Section 1123
and subject to the provisions of Chapter 1161
.
(b) Offensive Uses; Not to be Authorized. No use shall be permitted or authorized to be established or maintained which, when conducted under adequate conditions and safeguards in compliance with the provisions of this Zoning Ordinance, and any additional conditions or requirements prescribed by the Board of Zoning Appeals, is or may become hazardous, noxious or offensive, due to the emission of odor, dust, smoke, cinders, gas, fumes, noise, vibration, beat frequency, refuse matter or water- carried waste.
1153.06 HEIGHT REGULATIONS.
Height regulations are the same as those specified in the M-1 District.
1153.07 LOT AREA, FRONTAGE AND YARD REQUIREMENTS.
The following minimum requirements shall be observed, except as modified by provisions of Chapter 1155
.
Lot Areas | Lot Frontage | Front Yard Depth (ft ). | Side Yard Width | Rear Yard Depth |
Nonresidential Structures: | ||||
None | None | 25 | None except when adjoining R District then, not less than 50 ft. each side yard | 1 story-40' 2 story-50' 3 story-60' 5' more each story |
Dwellings or residential parts of nonresidential buildings: | ||||
Not permitted in M-2 District (existing dwellings; Same as R-3) | ||||
1155.01 LOTS OF RECORD.
In any district where dwellings are permitted, a one- family detached dwelling may be erected on any lot of official record at the effective date of this Zoning Ordinance irrespective of its area or width, the owner of which does not own any adjoining property, provided the applicable yard and other open space requirements are complied with as nearly as possible.
1155.02 MINIMUM YARDS.
In no case shall the width of any side yard be less than ten percent of width of the lot. On a corner lot, the width of the side yard adjoining the side street lot line shall not be less than eight feet or twenty percent of the frontage, whichever is the greater.
In no case shall the depth of the rear yard be less than ten feet.
1155.03 AVERAGE DEPTH OF FRONT YARDS.
In any residential or business district, where twenty- five percent or more of the street frontage between intersecting streets is occupied by a building plus required minimum side yards, the front yard requirements for the frontage shall be the average yard determined by all existing buildings if such yard dimensions are less than required by this Zoning Ordinance.
In no case, however, shall such yard requirements plus the distance to the center line of the fronting street be less than thirty feet in a business district or twenty-five feet in a residential district, unless determined otherwise by the Board of Zoning Appeals.
(a) Steep Slopes; Front Yard Garage. In any R District where the natural grade of lot within the required front yard has an average slope, normal to the front line at every point along such line, of such a degree of slope that is not practicable to provide a driveway with a grade of twelve percent or less to a private garage conforming to the requirements of this Ordinance, such garage may be located within such front yard, but not in any case closer than six feet to the street line
(b) Double Frontage Lots. Buildings on lots having frontage on two nonintersecting streets need not have a rear yard if an equivalent open space is provided on the lot in lieu of such required rear yard; applicable front yards must be provided, however, on both streets.
1155.04 COMPUTING REAR AND SIDE YARDS.
In computing the depth of a rear yard or the width of a side yard, where the rear or side yard abuts an alley, one-half of the width of the alley may be included as a portion of the required rear or side yard, as the case may be.
1155.05 SIDE YARD MODIFICATIONS.
(a) Increases. Each side yard, where required, shall be increased in width by two inches for each foot by which the length of the side wall of the building, adjacent to the side yard, exceeds forty feet.
(b) Varied; Wall Not Parallel. Side yard width may be varied where the side wall of a building is not parallel with the side lot line or is broken or otherwise irregular. In such case the average width of the side yard shall not be less than otherwise required least width; provided however, that such side yard shall not be narrower at any point than one-half the otherwise required least width, or narrower than three feet in any case.
(c) One Side Yard Reduced. Width of one side yard may be reduced when authorized by the Board of Zoning Appeals, in the case of a one-family or two-family dwelling, to a width not less than three feet; provided the sum of the widths of the two side yards is not less than the required minimum, and provided the distance between the proposed dwelling and another dwelling, existing or proposed, on an adjacent lot is not less than the required minimum sum of the widths of two side yards. Such reductions may be authorized only when the Board finds it to be warranted by the location of existing buildings or conductive to the desirable development of two or more lots.
(d) Corner Lots. A side yard along the side street lot line of a corner lot, which lot abuts in the rear, either directly or across an alley, the side lot line of another lot in an R District, shall have a width of not less than one-half the required depth of the front yard on such other lot fronting the side street.
1157.01 PROJECTION OF ARCHITECTURAL FEATURES.
Certain architectural features may project into required yards or courts as follows:
(a) Front and Side Yards. Into any required front yard, or required side yard adjoining a side street lot line: Cornices, canopies, eaves or other architectural features, may project a distance not exceeding two feet, six inches. Fire escapes may project a distance not exceeding four feet, six inches.
An uncovered stair and necessary landings may project a distance not to exceed six feet, provided such stair and landing shall not extend above the entrance floor of the building except for a railing not exceeding three feet in height.
Bay windows, balconies and chimneys may project a distance not exceeding three feet, provided that such features do not occupy, in the aggregate, more than one- third of the length of the building wall on which they are located.
(b) Interior Side Yards. Subject to the limitations in subsection (a) hereof the features named in such subsection may project into any required side yard adjoining an interior side lot line, a distance not to exceed one-fifth of the required least width of such side yard, but not exceeding three feet in any case.
(c) Rear Yards. Subject to the limitations in subsection (b) hereof, feature. named therein may project into any required rear yards the same distance they are permitted to project into a front yard.
1157.02 FENCES, WALKS AND HEDGES.
Fences, walks and hedges may be located in required yards as follows:
(a) If not at any point exceeding four feet in height above the elevation of the surface of the ground at such point, fences, walls and hedges may be located in any yard.
(b) If not at any point exceeding six feet in height above the elevation of the surface of the ground at such point, fences, walls and hedges may be located in any required rear yard or side yard, provided that on a corner lot, abutting in the rear the side lot line of another lot in an R District, no such fence, wall or hedge within twenty- five feet of the common lot line shall be closer to the side street lot line than the least depth of the front yard required on such other lot fronting the side street.
1157.03 DECKS AND PATIOS.
For the purpose of this section, Decks and Patios are wooden platforms or concrete pads which may have railing type sides (not enclosed) and a canopy (not of permanent nature), attached to a dwelling with direct access from the ground level of the dwelling. There should be no provision for storage underneath, nor construction of another deck or patio underneath. Decks shall not be constructed more than two (2) feet off the ground.
Decks constructed in excess of two (2) feet off the ground shall be deemed a structure, and be subject to yard protection requirements. Otherwise, decks and patios are not subject to yard projection requirements.
1159.01 EXEMPTIONS FROM LIMITATIONS.
The height limitations stipulated elsewhere in this Zoning Ordinance shall not apply to the following:
(a) Farm Buildings, Architectural Features, Etc. Barns, silos or other farm buildings or structures on farms; church spires, belfries, cupolas and domes, monuments, water towers, fire and hose towers, observation towers, transmission towers, windmills, chimneys, smokestacks, flag poles, radio towers, masts and aerials; parapet walls extending not more than four feet above the limiting height of the building.
(b) Places of Public Assembly. Places of public assembly in churches, schools and other permitted public and semipublic buildings, provided that these are located on the first floor of such buildings and provided that for each three feet by which the height of such building exceeds the maximum height otherwise permitted in the district, its side and rear yards shall be increased in width or depth by an additional foot over the side and rear yards required for the highest building otherwise permitted in the district.
(c) Elevator Penthouses, Water Tanks, Etc. Bulkheads, elevator penthouses, water tanks, monitors and scenery lofts, provided no linear dimension of any such structure exceeds fifty percent of the corresponding street lot line frontage) or to towers and monuments, fire towers, hose towers, cooling towers, grain elevators, gas holders or other structures, where the manufacturing process requires a greater height.
(d) Minimum Requirements. All such structures above the heights otherwise permitted in the district shall not occupy more than twenty-five percent of the area of the lot and shall be not less than fifty feet in all parts from every lot line not a street lot line.