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Brewster City Zoning Code

I-2 INDUSTRIAL

DISTRICT

§ 153.195 PURPOSE.

   This district is established to provide for and accommodate industrial uses in the fields of repair, storage, manufacturing, processing, wholesaling and distribution free from the encroachment of residential, retail and institutional uses. The uses most allowed are those which because of their normally unobjectionable characteristics, can be in relatively close proximity to residential and commercial districts.
(Ord. 30-1974, § 422.1, passed 7-15-1974)

§ 153.196 USES.

   Within an I-2 Industrial District, no building, structure or premises shall be used, arranged to be used, or designed to be used except for one or more of the following uses:
   (A)   Permitted uses.
      (1)   Off-street public parking lot and garage;
      (2)   Plant greenhouse;
      (3)   Warehousing;
      (4)   Wholesale establishments;
      (5)   The following types of manufacturing, processing, cleaning, servicing, testing or repair activities which will not be materially injurious or offensive to the occupants of adjacent premises or the community at large by reason of emission or creation of noise, vibration, smoke, dust or other particulate matter toxic and noxious, materials, odors, fire or explosive hazards, glare or heat, or electromagnetic disturbances:
         (a)   Bakery goods, candy, cosmetics, pharmaceuticals, toiletries and food products, except fish or meat products, sauerkraut, yeast and the rendering of fats or oils;
         (b)   Products from the following previously prepared materials: bone, canvas, cellophane, cloth, cork, feathers, fiber, fur, glass, hair, horn, leather, plastics, precious or semi-precious metals or stones, metal (except where presses over 20 tons rated capacity are employed) shell, textiles, tobacco, wax, wood (where saw and planing mills are employed within a completely enclosed building) and yarns;
         (c)   Pottery and figurines using previously pulverized clay and kilns fired only with gas or electricity;
         (d)   Musical instruments, toys, novelties, rubber or metal stamps, and other small rubber products;
         (e)   Electrical and electric appliances, instruments and devices, television sets, radios, phonographs and household appliances;
         (f)   Electric and neon signs, billboards and other commercial advertising structures; and
         (g)   Laboratories and processing - experimental, film or testing provided no operation shall be conducted or equipment used which would create hazards, noxious or offensive conditions.
 
In the interests of the community and other industries within the district, the Zoning Inspector shall, in regard to an industrial operation whose effects on adjacent premises are not readily known, refrain from issuing a zoning permit and shall refer the request to the Village Planning Commission for an interpretation of whether or not the industrial use is a permitted use under the requirements of this section. The Commission may seek expert advice on what conditions should be imposed on the particular industrial operation to reasonably modify any injurious or offensive effects likely to result from such an operation. The cost of securing the expert assistance shall be borne by the applicant.
 
      (6)   The following uses, provided storage is within an enclosed building or area enclosed on all sides by a solid masonry wall or a minimum six foot high solid painted fence with no openings greater than
15%:
         (a)   Building materials, sales yard and lumber yard including millwork when within a completely enclosed building;
         (b)   Contractor’s equipment storage yard or plant, or storage and rental of equipment commonly used by contractors;
         (c)   Fuel, food and goods distribution station, warehouse, and storage, but excluding coal and coke. Underground storage of inflammable liquids, only if located more than 300 feet from any residential district; and
         (d)   Public storage garage and yards.
      (7)   The following uses when conducted no closer than within 100 feet on any residential district:
         (a)   Railroad yards;
         (b)   Bag, carpet and rug cleaning provided necessary equipment is installed and operated for the effective precipitation or recovery of dust;
         (c)   Blacksmith, welding or other metal working shops, including machine shop operations of the tool, die and gauging type;
         (d)   Carpenter, cabinet, upholstering, sheet metal, plumbing, heating, roofing, air conditioning, sign painting, painting and other similar establishments;
         (e)   Foundry, casting lightweight non-ferrous metals, not causing noxious fumes or odors;
         (f)   Ice manufacturing and cold storage plant; creamery and bottling plant;
         (g)   Laundry, cleaning and dyeing plant;
         (h)   Repair services for machinery and equipment including repair garages and specialty establishments such as motor, body and fender, radiator, motor tune-ups, muffler shops, tire repairing sales and services including vulcanizing;
         (i)   Stone or monument works not employing power tools, or if employing such tools then operating within a completely enclosed building; and
         (j)   Veterinarian hospital or clinic.
      (8)   Public utility right-of-way and pertinent structures;
      (9)   Accessory uses clearly incidental to the uses permitted on the same premises; and
      (10)   Signs as regulated by §§ 153.215 through 153.219 hereof.
   (B)   Conditionally permitted uses.
      (1)   The Village Planning Commission may issue conditional zoning certificates for those uses listed herein subject to the general requirements of §§ 153.365 through 153.367, 153.380 through 153.383, 153.395 and 153.396 and to the specific requirements of §§ 153.380 through 153.383 referred to below; and
      (2)   Temporary buildings for uses incidental to construction work subject to § 153.383.
(Ord. 30-1974, § 422.2, passed 7-15-1974; Ord. 12-2003, passed 4-21-2003; Ord. 30-2003, passed 7-7-2003)

§ 153.197 LOT REQUIREMENTS.

 
Minimum lot area
1/2 acre
Minimum lot frontage
100 feet
Minimum lot width
100 feet
 
(Ord. 30-1974, § 422.3, passed 7-15-1974)

§ 153.198 YARD REQUIREMENTS.

   (A)   Minimum front yard depth. Fifty feet, except as otherwise required in division (D) below.
   (B)   Minimum rear yard depth. Twenty-five feet, except as otherwise required in § 153.196 and in division (D) below.
   (C)   Minimum side yard width. Twenty-five feet, except as otherwise required in § 153.196 and in division (D) below.
   (D)   Yards adjoining any residential district. Where the boundary of an I-2 District adjoins the boundary line of a residential district, the minimum front, rear or side yard, as the case may be, shall be 100 feet. The area abutting the residential boundary, to a depth of 50 feet, shall be landscaped and maintained as to minimize any undesirable visual effects of the industry on adjacent residential uses; the balance of the yard area shall be used for open space or vehicular parking.
(Ord. 30-1974, § 422.4, passed 7-15-1974)

§ 153.199 MAXIMUM BUILDING HEIGHT.

   Fifty feet except as otherwise provided in §§ 153.015 through 153.019 hereof.
(Ord. 30-1974, § 422.5, passed 7-15-1974)

§ 153.200 PARKING AND LOADING REQUIREMENTS.

   As regulated by §§ 153.330 through 153.335 hereof.
(Ord. 30-1974, § 422.6, passed 7-15-1974)
A-1 - AGRICULTURAL DISTRICT

§ 153.205 INTENT.

   It is the intent of the A-1 Agricultural District to provide large tracts of land for present agricultural activity and to protect this land from urban encroachment to provide adequate future areas for agricultural activity. This district is established to promote the continuance of agriculture and farm-based uses and to provide areas for a variety of low-density single-family residential environments reflecting a rural lifestyle.
(Ord. 42-2019, passed 5-20-2019)

§ 153.206 DEFINITION.

   AGRICULTURAL USE. The same as stated in R.C. § 519.01, as may be amended, to include farming; ranching; aquaculture; apiculture; horticulture; viticulture; animal husbandry, including but not limited to the care and raising of livestock, equine and fur-bearing animals; poultry husbandry and the production of poultry and poultry products; dairy production; the production of field crops, tobacco, fruits, vegetables, nursery stock, ornamental shrubs, ornamental trees, flowers, sod, or mushrooms; timber; pasturage; any combination of the foregoing; the processing, drying, storage and marketing of agricultural products when those activities are conducted in conjunction with, but are secondary to, such husbandry or production.
(Ord. 42-2019, passed 5-20-2019)

§ 153.207 USES.

   (A)   Permitted uses.
      (1)   Agriculture.
      (2)   Single-family residence.
      (3)   Accessory uses.
   (B)   Permitted accessory uses.
      (1)   Roadside stands, offering for sale only agricultural products grown on the premises.
      (2)   Barn, private garage, or stable.
      (3)   Living quarters of person employed on the premises and not otherwise used as a separate dwelling.
      (4)   Home occupations as permitted and regulated in § 153.380(K).
      (5)   Private swimming pools, to be used primarily for the enjoyment of the occupants of the principal use of the property on which it is located and subject to the provisions of § 153.019(T).
      (6)   Temporary buildings for uses incidental to construction work which buildings shall be removed upon completion or abandonment of the construction work.
   (C)   Conditional uses. Subject to approval by the Board of Zoning Appeals as provided in §§ 153.365, 153.366, and 153.367.
      (1)   Kennels and animal hospitals for the raising, breeding, treatment, and boarding of dogs, or other small animals provided that all buildings and outside runs be at least 200 feet from any other lot.
      (2)    Riding academies, provided that such buildings or stables shall be 200 feet from any other lot.
      (3)   Cemeteries, including mausoleums and crematories.
      (4)   Transmission towers or masts and the accompanying accessory buildings, subject to the approval by any appropriate governmental permitting agency, and provided that any such tower is set back from any property line a distance not less than the height of the tower or mast plus 20 feet.
      (5)   Recreational uses and facilities.
      (6)   Bed & breakfast residence.
      (7)   Public service facilities.
      (8)   Public utility facilities, including well fields, solar fields, wind turbines, and similar utility installations.
      (9)   Agribusiness.
      (10)   Agritourism.
   (D)   Signs. The signs permitted in the A-1 District shall be in accordance with the requirements of §§ 153.215, 153.216, 153.217, 153.218, and 153.219.
   (E)   Off-street parking and loading. Off-street parking and loading spaces shall be provided in accordance with the requirements of §§ 153.330, 153.331, 153.332, 153.333, 153.334, and 153.335.
(Ord. 42-2019, passed 5-20-2019)

§ 153.208 MINIMUM DIMENSIONAL REQUIREMENTS.

Minimum lot frontage
250 feet
Minimum lot area
10 acres
Minimum front setback
50 feet
Minimum rear setback
40 feet
Minimum side (either) setback
25 feet
Minimum sum of sides setback
60 feet
Percentage of lot coverage (see Note below)
10%
Maximum height of dwelling
35 feet
 
Note: The percentage of lot coverage may be increased by the Planning Commission as a part of any conditional use permit approved in an Agricultural Zoning District.
(Ord. 42-2019, passed 5-20-2019)