Bucyrus City Zoning Code
TITLE SEVEN
Zoning Administration and Enforcement
1141.01 ZONING INSPECTOR.
(a) Position of Zoning Inspector Established. The Zoning Inspector, who shall be designated by the Mayor, shall administer and enforce this Ordinance.
(b) Relief From Personal Liability. The Zoning Inspector, and any officer or employee who acts in good faith and without malice in the discharge of his/her duties during enforcement of this Ordinance is relieved of all personal liability for any damage that may accrue to persons or property as a result of such acts, or alleged failure to act. Further, he/she shall not be held liable for any costs in any action, suit or proceeding that may be instituted against him/her as a result of the enforcement of this Ordinance. In any of these actions, the Zoning Inspector or employee shall be defended or represented by the City until the final termination of the proceedings.
(c) Duties of Zoning Inspector. For the purposes of this Ordinance, the Zoning Inspector shall have the following duties:
(1) Enforce the provisions of this Ordinance and take such steps as may be authorized to remedy violation(s). Such steps may include ordering the discontinuance of illegal uses or work in progress and directing cases of noncompliance to appropriate City official(s) for action.
(2) Issue zoning permits when the provisions of this Ordinance have been met, or refuse to issue same in the event of noncompliance.
(3) Coordinate the submittal and processing of application materials so as to fulfill the requirements of this Ordinance.
(4) Collect designated fees as established by separate Ordinance.
(5) Inspect any buildings or lands to determine whether violations of this Ordinance have been committed or exist.
(6) Make and keep all records necessary and appropriate to the office including records of issuance and denial of permits and receipt of complaints of violation of this Ordinance and action taken on same.
(7) Advise the Planning Commission and/or Board of Zoning Appeals of other matters pertaining to the enforcement of this Ordinance.
(8) Other responsibilities directly pertaining to the enforcement of this Ordinance that may be assigned by City Council.
1141.02 PLANNING COMMISSION.
(a) Establishment. The Planning Commission as constituted at the time of enactment of this Ordinance as provided under Section 1101.01
shall remain in power, and shall be considered part of the administrative function of the City government.
(b) Removal of Members. Members of the Commission shall be removable for non- performance of duty, misconduct in office, or other cause, by the City Council, after a public hearing has been held regarding such charges. The member shall be given the opportunity to be heard and answer such charges.
(c) Organization and Rules. The Commission shall adopt, from time to time, such rules, procedures and regulations as it may deem necessary to carry into effect the provisions of this Ordinance. The Commission shall organize annually and elect a Chairman and/or other such officers as necessary to effectively perform its duties. The Commission shall keep minutes of its proceedings, showing the vote of each member upon each question; or, if absent or failing to vote, indicating such fact. The meetings of the Commission shall be open to the public; however, the Commission may go into executive session, pursuant to Section 121.22 of the Ohio Revised Code as amended, for discussion, but not vote on any case before it. The Commission shall keep records of its examinations and other official action, all of which shall be immediately filed in the City offices and shall be a public record.
(d) Powers and Duties. The Planning Commission shall have such powers and duties and authority as granted under Chapters 711, 713 and 735 of the Ohio Revised Code and may be delegated by City Council. Such powers and duties shall include the following:
(1) Take actions to approve, approve with modification or disapprove subdivisions of land, as authorized the Codified Ordinances of the City of Bucyrus and the Ohio Revised Code.
(2) Review proposed amendments to the Zoning Ordinance or Official Zoning Map and make recommendations to City Council.
(3) Make a recommendation for newly annexed areas to the City, in accordance with this Ordinance.
(4) Administer the requirements for planned unit developments, in accordance with the requirements of this Ordinance.
1141.03 BOARD OF ZONING APPEALS.
(a) Establishment. The Board of Zoning Appeals as constituted at the time of enactment of this Ordinance shall continue in power. Such Board shall have all administrative powers and authority pursuant to the Ohio Revised Code. The Board shall consist of five (5) members to be appointed by Council, all of whom shall be residents of the City. Of these five members, one shall be a member of Council and one may be a member of the Planning Commission. The terms of all members shall be of such length and so arranged that the term of one member shall expire each year. Each member shall serve until their successor is appointed. Vacancies shall be filled by Council and shall be for the unexpired term.
(b) Procedures.
(1) The Board shall adopt such rules and regulations consistent with this Ordinance. The presence of three (3) members shall constitute a quorum and the concurring vote of three (3) members of the Board shall be necessary to reverse an order, requirement, decision or determination of the Zoning Inspector.
(2) The meetings of the Board shall be public, and shall be held at the call of the Chairman, after compliance with public notification procedures as required by the Ohio Revised Code, as amended.
(3) The Board shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact; and shall keep records of its examinations and other official action, all of which shall be immediately filed in the City offices and shall be a public record.
(4) The Board shall have the power to subpoena witnesses, administer oaths, and may require the production of documents, under such regulations as it may establish.
(5) The Board may call upon the various departments of the City for assistance in the performance of its duties and it shall be the duty of such departments to render assistance to the Board as may reasonably be required.
(c) Powers and Duties. In exercising its duties, the Board may, as long as such action is in conformity with the terms of this Ordinance, reverse or affirm, wholly or partly, or modify the order, requirement, decision, or determination appealed from and may make such order, decision, or determination as ought to be made, and to that end shall have the powers of the Zoning Inspector from whom the appeal is taken. For the purpose of this Ordinance, the Board has the following specific responsibilities:
(1) Interpret the boundaries of the Official Zoning District Map, in accordance with the provisions of this Ordinance.
(2) Permit conditional uses as specified in the Official Schedule of District Regulations under the conditions specified in this Ordinance, and such additional safeguards as will uphold the intent of the Ordinance.
(3) Hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Zoning Inspector related to this Ordinance.
(4) Authorize such variances from the terms of the zoning provisions of this Ordinance as will not be contrary to the public interest, where, owing to special conditions of the land, a literal enforcement of this Ordinance will result in unnecessary hardship.
(6) Determine similarity of uses, pursuant to Section 1155.02(e).
(7) Declare zoning permits void, pursuant to Section 1143.10(e).
1141.04 POWERS OF ZONING INSPECTOR, BOARD OF ZONING APPEALS, AND CITY COUNCIL ON MATTERS OF APPEAL.
It is the intent of this Ordinance that all questions of interpretation and enforcement shall be first presented to the Zoning Inspector, and that such questions shall be presented to the Board of Zoning Appeals only on appeal from the decision of the Zoning Inspector. It is further the intent of this Ordinance that the powers of City Council in connection with this Ordinance shall not include hearing and deciding questions of interpretation and enforcement that may arise. City Council shall not have the authority to overrule the decisions of the Board of Zoning Appeal on such matters of appeal or variance. The procedure for deciding such questions shall be as stated in Chapter 1147.
1143.01 ZONING PERMIT REQUIRED.
No building or other structure shall be erected, moved, added to, or structurally altered; nor shall any building, structure or land be established or changed in use according to zoning category, wholly or partly, until a zoning permit, which may be a part of a building permit, shall have been issued by the Zoning Inspector. Such zoning permit shall show that such building or premises or a part thereof, and the property use thereof, are in conformity with the provisions of this Ordinance.
1143.02 CONDITIONS UNDER WHICH A ZONING PERMIT IS REQUIRED.
A zoning permit is required for any of the following:
(a) Construction or structural alteration of any building, including accessory buildings.
(b) Change in use of an existing building, accessory building or land to a use not listed as a permitted use in the zoning district where the building or land is located.
(c) Occupancy and use of vacant land.
(d) Any exterior alteration, expansion or other change of a lawful nonconforming use as regulated by Chapter 1151.
1143.03 APPLICATION FOR ZONING PERMIT.
An application for a zoning permit shall be signed by the owner or applicant attesting to the truth and exactness of all information supplied on the application. Each application shall clearly state that the permit shall expire and shall be revoked if work is not substantially completed within one (1) year. Five (5) copies of the application shall be provided. At a minimum, the applicant shall provide the following information:
(a) Name, address, and telephone number of the applicant.
(b) Legal description of property, as recorded in Crawford County Recorder's office.
(c) Existing use.
(d) Proposed use.
(e) Zoning district in which property is located.
(f) Plans and/or drawings drawn to approximate scale, showing the dimensions and shape of the lot to be built upon; the dimensions and location of existing and proposed buildings or alterations.
(g) Height of proposed buildings or alterations.
(h) Number and dimensions of existing and proposed off-street parking or loading spaces.
(i) Number of proposed dwelling units.
(j) In every case where the lot is not provided with public water supply and/or disposal of sanitary wastes by means of public sewers, the application shall be accompanied by an approval by the Crawford County Health Department of the proposed method of water supply and for disposal of sanitary wastes.
(k) Such other material as may be requested by the Zoning Inspector to determine conformance with, and provide for the enforcement of this Ordinance.
Where complete and accurate information is not readily available from existing records, the Zoning Inspector may require the applicant to furnish a survey of the lot by a registered surveyor. In particular cases, the Zoning Inspector may reduce the submittal requirements for applications, when the scope and scale of the proposed action warrants.
1143.04 APPROVAL OF ZONING PERMITS.
Within thirty (30) days after the receipt, the application shall be either approved or disapproved by the Zoning Inspector, in conformance with the provisions of this Ordinance, unless the provisions of Section 1143.05 are applicable. All zoning permits shall, however, be conditional upon the completion of work within one (1) year, or such further time as may be requested by the applicant at the time of the application, if such time extension is approved by the Board of Zoning Appeals. The application shall be marked as either approved or disapproved and attested to same by the signature of the Zoning Inspector, or his/her designated agent. In the case of disapproval, the Zoning Inspector shall state on the returned application the specific reasons for disapproval. The original signed application shall remain on file in the office of the Zoning Inspector, with one (1) copy issued to the applicant.
1143.05 SUBMISSION TO THE DIRECTOR OF THE DEPARTMENT OF TRANSPORTATION.
Before any zoning permit is issued affecting any land within 300 feet of the centerline of a proposed new highway or a highway for which changes are proposed as described in the certification to local officials by the Director of the Ohio Department of Transportation, or any land within a radius of 500 feet from the point of intersection of said centerline with any public road or highway, the Zoning Inspector shall give notice, by registered or certified mail to the Director of the Department of Transportation. The Zoning Inspector shall not issue a zoning permit for 120 days from the date the notice is received by the Director of the Department of Transportation. If the Director of the Department of Transportation notifies the Zoning Inspector that the Director shall proceed to acquire the land needed, then the Zoning Inspector shall refuse to issue the zoning permit. If the Director of the Department of Transportation notifies the Zoning Inspector that acquisition at this time is not in the public interest, the Zoning Inspector shall, if the application is in conformance with all provision of this Ordinance, issue the zoning permit in conformance with the provisions of Section 1143.04.
1143.06 RECORD OF ZONING PERMIT.
A record of all zoning permits shall be kept on file in the office of the Zoning Inspector and copies shall be made available to any persons upon request.
1143.07 EXPIRATION OF ZONING PERMITS.
If the work described in any zoning permit has not been completed within one year from the date of issuance thereof, said permit shall expire. Written notice thereof shall be given to the persons affected, together with notice that further work as described in the expired permit shall not proceed unless and until a new zoning permit has been obtained or extension granted by the Board of Zoning Appeals.
1143.08 CERTIFICATE OF ZONING COMPLIANCE.
(a) Certificate of Zoning Compliance Required. It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a Certificate of Zoning Compliance has been issued therefor by the Zoning Inspector stating that the proposed use of the building or land conforms to the requirements of this Ordinance. Such Certificate of Zoning Compliance may be a part of the zoning permit.
(b) Application for Certificate of Zoning Compliance. Certificates of zoning compliance shall be applied for by the applicant giving written notice to the Zoning Inspector that the exterior erection or structural alteration of such building shall have been completed in conformance with the provisions of this Ordinance.
(c) Approval of Health Department Required. If the property in question is not served by public water and sewer, a Certificate of Zoning Compliance shall not be issued by the Zoning Inspector until approval of the water and sewage disposal systems have been given by the Crawford County Health Department, or Ohio Environmental Protection Agency.
(d) Record of Certificate of Zoning Compliance. The Zoning Inspector shall maintain a record of all certificates of zoning compliance and a copy of any individual certificate shall be furnished upon request to occupant or his legally authorized representative.
1143.09 SCHEDULE OF FEES, CHARGES AND EXPENSES.
(1) Special Flood Area Development Permit | $25.00 |
(2) Residential Building Permit | 100.00 |
(3) Alterations/Additions | 10.00 |
(4) Deck/Porch | 10.00 |
(5) Garage/Acc. Bldg. | 10.00 |
(6) Storage Shed | 10.00 |
(7) Fence | 10.00 |
(8) Pool | 10.00 |
(9) Siding | 10.00 |
(10) Sign | 10.00 |
(11) Commercial | 150.00 |
(12) Residential (Zoning permit) | 25.00 |
(13) Commercial (Zoning permit) | 25.00 |
(14) Demolition Permit | |
(Residential/Commercial) | 25.00 with Ref. deposit $2,500.00 |
(15) A typical storage shed requires no bond if household insurance is in effect. | |
(16) Occupancy Change | 25.00 |
(17) BZA Application | 40.00 |
(18) Rezone Fee | 300.00 |
(19) Street/Alley Vacation | 100.00 |
(20) Sidewalk Permit | No fee |
(21) Curb Cut/Driveway Permit | 2.00 per ft. |
(22) Tree Permit | No fee |
(23) House Trailer Permit | 150.00 |
(24) Junk Yard Permit | 50.00 |
(25) Business Permit | 100.00 |
(26) Move Permit | 25.00 |
(27) Zoning Ordinance Book | 10.00 |
(28) Zoning Map (Ord. 34-2007. Passed 9-17-07.) | 3.00 |
(29) Commercial - Alterations/Additions (Ord. 4-2008. Passed 1-2-08.) | 50.00 |
(30) Refundable cash deposit for as-built drawings (Ord. 23-2008. Passed 5-20-08.) | 2,500.00 |
1143.10 VIOLATION.
(a) Failure to Obtain a Zoning Permit, Certificate of Zoning Compliance, or Other Permit. Failure to obtain a zoning permit, Certificate of Zoning Compliance, or other permit as required by specific Sections of this Ordinance shall be a violation of this Ordinance and punishable under subsection (d) hereof.
(b) Construction and Use to be as Provided in Applications, Plans, Permits, and Certificates. Zoning permits or certificates of occupancy issued on the basis of plans and applications approved by the Zoning Inspector authorize only the use, and arrangement set forth in such approved plans and applications or amendments thereto. Any use, arrangement, or construction not in conformance with that authorized shall be deemed a violation of this Ordinance, and punishable as provided in subsection (d) hereof.
(c) Complaints Regarding Violations. Whenever a violation of this Ordinance occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint shall state fully the causes and basis thereof, and shall be filed with the Zoning Inspector. The Zoning Inspector shall record such complaint, immediately investigate, and take such appropriate action thereon as may be necessary and provided for by this Ordinance.
(d) Penalties for Violation. Violation of the provisions of this Ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in various sections of this Ordinance) shall constitute an unclassified misdemeanor. Any person who violates this Ordinance or fails to comply with any of its requirements shall upon conviction thereof be fined not less than $50 or more than $500 and in addition shall pay all costs and expenses involved in the case. Each day such violation continues, after receipt of violation notice, shall be considered a separate offense. The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided. Nothing herein contained shall prevent the City, or any owner of contiguous or neighboring property who would be especially damaged by such violation from such other lawful action as is necessary to prevent or remedy such violation, including, but not limited to, initiating suit for the immediate termination of such action, through injunction or other means.
Penalties as above shall apply unless penalties are delineated for specific sections of this Ordinance, in which case the penalties delineated in those sections shall apply.
(e) Void Zoning Permit.
(1) A zoning permit shall be void if any of the following conditions exist:
A. The zoning permit was issued contrary to the provisions of this Ordinance by the Zoning Inspector.
B. The zoning permit was issued based upon a false statement by the applicant.
C. The zoning permit has been assigned or transferred.
(2) When a zoning permit has been declared void for any of the above reasons by the Board of Zoning Appeals, written notice of its revocation shall be given by certified mail to applicant, and sent to the address as it appears on the application. Such notices shall also include a statement that all work upon or use of the building, structure, or land cease unless, and until, a new zoning permit has been issued.
1145.01 POWER OF CITY COUNCIL.
Whenever the public necessity, convenience, general welfare or good zoning practice require, Council may, by Ordinance, after receipt of a recommendation thereon from the Planning Commission and subject to the procedures provided by law, amend, supplement or change the regulations, district boundaries or classifications of property now or hereafter established by this Ordinance or amendments thereof. The Planning Commission shall submit its recommendation regarding all applications or proposals for amendments or supplements to Council.
1145.02 INITIATION OF ZONING AMENDMENTS.
Amendments to this Ordinance may be initiated in one of the following ways:
(a) By referral of a proposed amendment to the Planning Commission by City Council.
(b) By the adoption of a motion by the Planning Commission submitting the proposed amendment to City Council.
(c) By the filing of an application with the Commission by at least one (1) owner of property (or his/her agent) within the area proposed or affected by the said amendment, or his/her designated agent.
1145.03 CONTENTS OF APPLICATION.
An application for amendment shall be submitted by the applicant to the Zoning Inspector and shall contain, at a minimum, the following information:
(a) Name, address, and phone number of the applicant.
(b) Proposed amendment to the text or legal description of the property affected.
(c) Present use and district.
(d) Proposed use and district.
(e) A map drawn to scale showing property lines, streets, existing and proposed zoning.
(f) A list of all property owners within the 200 feet, contiguous to, and directly across the street from the parcel(s) proposed to be rezoned and their address as appearing on the Crawford County Auditor's current tax list. The requirement for addresses may be waived when more than ten (10) parcels are proposed to be rezoned.
(g) A statement as to how the proposed amendment will impact adjacent and proximate properties.
(h) A fee as established by the City Council.
(i) Any other information as may be requested by the Zoning Inspector to determine conformance with, and provide for enforcement of this Zoning Ordinance.
1145.04 TRANSMITTAL OF RESOLUTION TO PLANNING COMMISSION.
Upon referral of the proposed Ordinance by City Council, or the filing of an application by at least one (1) owner or lessee of the property, or their designated agent, said proposed amendment or application shall be transmitted to the Planning Commission.
1145.05 RECOMMENDATION BY PLANNING COMMISSION.
Within thirty (30) days after the first regular meeting of the Planning Commission after the receipt of the proposed amendment, the Planning Commission shall recommend to City Council that the amendment be approved as requested, or it may recommend that the amendment be denied. In formulating such recommendation, the Planning Commission may seek input from interested parties in the form of hearings, meetings, or other methods. If a public hearing is held, the notification requirements for such hearing shall be as cited in Section 1145.06(a) below, and the Planning Commission may extend the time required for a recommendation to not more than ninety (90) days.
1145.06 ACTION BY CITY COUNCIL.
(a) Public Hearing. Before the proposed Ordinance may be passed, the City Council shall hold a public hearing, and shall give at least thirty (30) days notice of the time and place thereof in a newspaper of general circulation in the City. If the proposed Ordinance intends to remove or redistrict ten (10) or less parcels of land, as listed on the tax duplicate, written notice of the hearing shall be made by the Clerk of Council, by first-class mail, at least 20 days before the date of the public hearing to the owners of property within 200 feet or contiguous to, and directly across the street from such parcel or parcels to be redistricted to the address of such owners appearing on the application. The failure of delivery of such notice shall not invalidate such proposed Ordinance.
(b) Display of Relevant Materials. During such thirty (30) days, the text or copy of the text of the proposed Ordinance, together with maps, plans, and reports or copies thereof forming part of or referenced in such proposed Ordinance shall be on file, for public examination, in the office of the Zoning Inspector.
(c) Action by City Council. No such Ordinance which is in accordance with the recommendation submitted by the Planning Commission shall be deemed to pass or take effect without the concurrence of at least a majority of the membership of the City Council. No such Ordinance which violates, differs from, or departs from the recommendation submitted by the Planning Commission shall take effect unless passed or approved by not less than three fourths (3/4) of the membership of the City Council.
(d) Criteria. In reviewing the proposed amendment and arriving at its decision, the City Council shall consider the following factors:
(1) Compatibility of the proposed amendment with the zoning and use of adjacent land, and with any land use /comprehensive plans adopted by the City .
(2) The effect of the adoption of the proposed amendment on motor vehicle access, traffic flow, storm drainage and public infrastructure in the area.
(3) The effect of the adoption of the proposed amend-ment upon the public health, safety and general welfare of the adjacent properties and other residents of the City.
(e) Effective Date and Referendum. Such amendment adopted by City Council shall become effective in accordance with applicable Ohio law, unless within thirty (30) days after the passage of the ordinance there is presented to the City Auditor a petition, signed by a number of qualified voters residing in the City equal to not less than ten (10) percent of the total vote cast in such area at the last preceding general election at which a Governor was elected, requesting the City Council to submit the zoning amendment to the electors of the City for approval or rejection at the next general election. When such petition is filed with the City Auditor, signed by the required number of electors, the Auditor shall, after ten (10) days, certify the text of the proposed ordinance or measure to the Board of Elections. The Auditor shall retain the petition.
No amendment for which such referendum vote has been requested shall be put into effect unless a majority vote cast on the issue is in favor of the amendment. Upon certification by the Board of Elections that the amendment has been approved by the voters, it shall take immediate effect.
(f) Incorporation onto Official Zoning Map. If an amendment adopted by City Council or approved by referendum pertains to a change on the Official Zoning Map, such change shall be incorporated onto the Map by reference to the Ordinance Number and the date of adoption.
1147.01 APPEALS.
Appeals to the Board of Zoning Appeals concerning interpretation or administration of this Ordinance may be taken by any owner of property with a substantial interest in the matter who is adversely affected, or by a governmental officer, department, Commission, or bureau. Such appeal shall be taken within twenty (20) days after the date of the decision by the Zoning Inspector, by filing with the Zoning Inspector or with the Service Director, a notice of appeal specifying the decision of the Zoning Inspector from which the appeal is being taken.
1147.02 VARIANCES.
The Board of Zoning Appeals shall have the power to authorize, upon appeal in specific cases, filed as hereinafter provided, such variances from the provisions or requirements of the Ordinance as will not be contrary to the public interest. Such variances shall be granted only in cases of exceptional conditions, involving irregular, narrow, shallow, or steep lots, or other exceptional physical conditions of the land, whereby strict application of such provisions or requirements would result in practical difficulty and unnecessary hardship that would deprive the owner of the reasonable use of the land and buildings involved. No variance from strict application of any provision of this Ordinance shall be granted by the Board unless it finds that all the following facts and conditions exist:
(Ord. 7-2002. Passed 3-19-02; Ord. 35-2004. Passed 8-24-04.)
(a) That there are unique physical circumstances or conditions, including irregularity, narrowness or shallowness of lot size or shape, or exceptional physical conditions specific to the land or building for which the variance is sought, and such conditions do not apply generally to land or buildings in the neighborhood or district in which the property is located.
(b) That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the Zoning Ordinance and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.
(c) That such unreasonable and unnecessary hardship has not been created by the appellant.
(d) That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare.
(e) That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.
Under no circumstances shall the Board of Zoning Appeals grant an appeal or variance that would allow a use not permissible under this Ordinance in the district involved, or any use expressly or by implication prohibited by the terms of this Ordinance in said district.
1147.03 APPLICATION FOR VARIANCE AND APPEALS.
Any person owning or having an interest in property, after being denied a zoning permit, may file an application to obtain a variance or appeal from the decision of the Zoning Inspector. An application for a variance or appeal shall be filed with the Zoning Inspector or Service Director on a form as specified for that purpose. The Zoning Inspector shall forward a copy of the application for variance to the Board of Zoning Appeals. In cases of appeal, the application shall be processed by the Service Director.
The application for a variance or an appeal shall contain the following information:
(a) Name, address, and phone number of the applicant.
(b) Legal description of property.
(c) A map or drawing to approximate scale, showing the dimensions of the lot and any existing or proposed building.
(d) The names and addresses of all property owners within 200 feet, contiguous to, and directly across the street from the property, as appearing on the Crawford County Auditor's current tax list.
(e) Each application for a variance or appeal shall refer to the specific provisions of this Ordinance which apply.
(f) A narrative statement explaining the following:
(1) The use for which variance or appeal is sought.
(2) Details of the variance or appeal that is applied for and the grounds on which it is claimed that the variance or appeal should be granted, as the case may be.
(g) A fee, as established by City Council.
1147.04 SUPPLEMENTARY CONDITIONS AND SAFEGUARDS.
In granting any appeal or variance, the Board of Zoning Appeals may prescribe appropriate conditions and safeguards in conformity with this Ordinance. Violation of such conditions and safeguards, when made a part of the terms under which the appeal or variance is granted, shall be deemed a violation of this Ordinance and punishable under Section 1143.10.
1147.05 PUBLIC HEARING BY THE BOARD.
The Board of Zoning Appeals shall hold a public hearing for consideration of an appeal from a decision of the Zoning Inspector. The Board may hold a public hearing for a variance unless a resolution is passed, by affirmative vote, declaring that a hearing is not needed in the specific case being considered.
1147.06 NOTICE OF PUBLIC HEARING.
Any appeal or variance requested under part 11, Planning and Zoning Code shall comply with the public notice requirements as set forth herein:
(a) Before holding the public hearing pursuant to Section 1147.05, notice of such hearing shall be given in one (1) or more newspapers of general circulation in the City at least ten (10) days before the date of said hearing. The notice shall set forth the date, time and place of the public hearing, and the nature of the proposed appeal or variance. Written notice of such hearing shall be mailed by the Secretary of the Board of Zoning Appeals, by first-class mail, at least ten (10) days before the day of the hearing to all parties of interest. The notice shall contain the same information as required of notice published in newspapers as specified above. Parties of interest shall include owners of property within 200 feet from, contiguous to, and directly across the street from the property being considered. Failure of delivery of such notice shall not invalidate the findings of the Board, and
(b) The owner of the property requesting a variance or appeal, or the applicant for the appeal or variance, shall clearly and conspicuously post a sign providing notice of a public hearing on the property for which the appeal or variance was requested, for a period not less than fourteen (14) days prior to the scheduled hearing.
(1) The sign for such notice shall be in the format provided by the City of Bucyrus. The required sign shall be available for purchase from the City of Bucyrus for $10.00. Any second, or replacement sign, shall be made available for $10.00.
(2) The sign shall provide the date of the hearing, the type of appeal, variance or other relief requested, the application number as assigned by the Zoning Office, contact information for the Zoning Office for any questions, and a link to the City of Bucyrus website directing interested parties to a full copy of the filed application seeking an appeal, variance or other relief requested.
(3) Such sign shall be posted by the City Zoning Officer or his agent in a location clearly visible from the public road frontage of the property or residence, and not less than 10 feet from the public right of way.
(4) It shall be the responsibility of the property owner or applicant to ensure that the sign is properly posted, visible and present for 14 days prior to the date of the hearing. Failure to post the sign pursuant to these rules shall require the Board of Zoning Appeals to reject the application for Appeal, Variance or other relief. A violation of these notice rules does not preclude the Applicant or property owner filing a new application, paying a new filing fee and complying with the notice provisions.
(c) Any Applicant or property owner that moves, removes or intentionally alters or obscures a posted public notice sign shall have their application terminated pursuant to subsection (b)(4) hereof. Any party that removes, alters or obscures a public notice sign shall be guilty of a misdemeanor of the 4th degree, punishable by up to 30 days in jail and a fine of up to $250.00.
(Ord. 23-2019. Passed 4-2-19.)
1147.07 ACTION BY BOARD OF ZONING APPEALS .
Within sixty (60) days after the first regular meeting of the Board of Zoning Appeals following submittal of an application filed pursuant to Section 1147.03, the Board shall either approve, approve with supplementary conditions as specified in Section 1147.04, or disapprove the request for appeal or variance. If the application is approved, or approved with supplementary conditions, the Board shall make a finding that the reasons set forth in the application justify the granting of the variance that will make possible a reasonable use of the land, building or structure. If the request for appeal or variance is denied, the reasons for such denial shall be noted in writing. The Board shall transmit a written copy of its decision and findings to the Zoning Inspector, who shall forward such copy to the applicant by first class mail, or in person.
1147.08 APPEALS.
After action is taken by the Board of Zoning Appeals, the applicant, or other party adversely affected by the action, may seek relief through the Court of Common Pleas. Such appeal must be filed within thirty (30) days from the date of the action by the Board. A copy of the notice of appeal shall be served on the Secretary of the Board of Zoning Appeals by the aggrieved party within seven (7) days from the date of filing of the appeal.
1149.01 PURPOSE.
Under some unusual circumstances, a use which more intensely affects an area than those uses permitted in the zoning district in which it is located may nonetheless be compatible with permitted uses, if that use is properly controlled and regulated. Such uses shall be listed as conditional uses within the respective zoning districts. The Board of Zoning Appeals may grant conditional approval for use of the land, buildings, or other structures and may allow such a use to be established where unusual circumstances exist and where the conditional use will be consistent with the general purpose and intent of this Zoning Resolution.
1149.02 APPLICATION FOR CONDITIONAL USE.
Any person owning or having an interest in property may file an application to use such property for one of the conditional uses provided for by this Ordinance in the zoning district in which the property is situated. An application for a conditional use shall be filed with the Zoning Inspector, who shall forward a copy to the Board of Zoning Appeals. At a minimum the application shall contain the following information:
(a) Name, address, and phone number of applicant.
(b) Legal description of the property.
(c) Present zoning district.
(d) Description of existing and proposed uses.
(e) A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading areas, traffic circulation, utilities and such other information as the Board may require to determine if the proposed conditional use meets the intent and requirements of this Ordinance.
(f) A narrative statement evaluating the effects on adjoining properties; the effect of such elements as noise, glare, odor, light, fumes and vibration on such property and a discussion of the general compatibility of the proposed use with adjacent and other properties in the area.
(g) The names and addresses of all property owners within 200 feet, contiguous to, and directly across the street from the property, as appearing on the Crawford County Auditor's current tax list.
(h) Such other information regarding the property, proposed use, or surrounding area as may be pertinent to the deliberations of the Board.
1149.03 GENERAL STANDARDS FOR CONDITIONAL USES.
In addition to the specific requirements for conditional uses as specified in the district regulations, the Board of Zoning Appeals shall review the particular facts and circumstances of the proposed use in terms of the following standards and shall find adequate evidence that such use at the proposed location meets all of the following requirements:
(a) The use is in fact a conditional use as established under the district regulations.
(b) The use will be designed, constructed, operated and maintained so as to be harmonious and appropriate with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area.
(c) The use will not pose a discernible hazard to existing adjacent uses.
(d) The use will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewers, and schools.
(e) The use will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
(f) The use will be consistent with the objectives of this Zoning Ordinance.
1149.04 SUPPLEMENTARY CONDITIONS.
In granting any conditional use, the Board may prescribe appropriate conditions and safeguards in conformance with the purposes and intent of this Ordinance.
1149.05 PUBLIC HEARING BY THE BOARD.
The Board of Zoning Appeals may hold a public hearing for the purpose of receiving input on the specific case being considered. If a public hearing is held, the requirements for public notice and notification of parties of interest shall be the same as for appeals and variances, as specified in Section 1147.05 and 1147.06.
1149.06 ACTION BY THE BOARD OF ZONING APPEALS.
Within sixty (60) days after the next regular meeting of the Board following the submittal of the application pursuant to Section 1149.02 of this Ordinance, the Board shall either approve, approve with supplementary conditions as specified in Section 1149.04, or disapprove the application as presented. If the application is approved with supplementary conditions, the Zoning Inspector shall state on the zoning permit the specific conditions listed by the Board for approval. If the application is disapproved, the applicant may seek relief through the Court of Common Pleas, pursuant to the guidelines and procedures specified in Section 1147.08.
1149.07 EXPIRATION AND REVOCATION OF ZONING PERMIT ISSUED UNDER CONDITIONAL USE PROVISIONS.
The approval of the zoning permit issued in accordance with Section 1149.06 shall become null and void if such use is not carried out within one (1) year after date of approval. The Board may revoke the zoning permit upon written evidence by any residents of the City of violation of the Zoning Ordinance and/or written terms and conditions upon which approval was based. The Board is authorized to grant an extension of a zoning permit issued pursuant to Section 1149.06, for an additional period of not more than one (1) year.
1151.01 INTENT.
Within the districts established by this Ordinance, or amendments hereinafter adopted, there may exist lots, structures, uses of land and structure which were lawful before this Ordinance was passed or amended, but which would be prohibited, regulated or restricted under the terms of this Ordinance or future amendments.
Such uses and/or structures, provided they were lawfully existing as of the effective date of this Ordinance, are hereby granted full protection of the law, pursuant to Section 713.15 of the Ohio Revised Code. It is the intent of this Ordinance to permit these nonconformities to continue and to permit reasonable extensions as allowed by law.
1151.02 WHEN PERMITTED.
(a) Existing Land or Buildings. Any use of land or buildings existing on the effective date of this Ordinance may be continued, even though such use does not conform to the provisions herein, so long as such use was in conformity with the zoning ordinance in effect in the City at the time that the use or structure was established. No nonconforming building, structure, or use shall be moved, extended, enlarged, reconstructed, or structurally altered, except as specifically provided in this Ordinance.
(b) Construction Commenced. Any property purchased or acquired in good faith for any nonconforming use prior to the adoption of this Ordinance, upon which property the work of changing, remodeling or construction of such nonconforming use has been legally commenced at the time of adoption of this Ordinance, may be used for the nonconforming use for which such changing, remodeling or construction was undertaken, provided that such work is completed within two (2) years from the date of adoption of this Ordinance or amendment thereto making said use nonconforming.
1151.03 SUBSTITUTION.
The Board of Zoning Appeals may allow the nonconforming use of a building or structure to be changed to another nonconforming use of the same or of a more restricted classification, provided no structural alterations except those required by law or ordinance are made. No additional signs or sign area intended to be viewed from off the premises shall be allowed for any nonconforming business use existing in a district where single-family homes are a permitted use.
1151.04 EXTENSION.
No nonconforming use shall be enlarged, extended, reconstructed, or structurally altered, except as follows:
(a) The Board may permit, on a once-only basis, a building containing a nonconforming use to be enlarged to an extent not exceeding fifty percent (50%) of the ground floor area of the existing building or structure devoted to a nonconforming use at the time of enactment of this Ordinance or at the time of its amendment making the use non conforming. The Board except under conditions of a variance pursuant to Chapter 1147, shall not authorize an extension which would result in a violation of the provision of this Ordinance with respect to any adjoining premises, or which would occupy ground space required for meeting the yard or other requirements of this Ordinance.
(b) No nonconforming building or structure shall be moved in whole or in part to any other location unless such building or structure and the yard and other open spaces provided are made to conform to all of the regulations of the district in which such building or structure is to be located.
(c) Any residential structure which is nonconforming due to the fact of its being in a non- residential zoning district may be enlarged, extended, reconstructed or structurally altered provided it meets the requirements of the adjacent or most proximate R- District.
(d) Any structure which is nonconforming due to its location or configuration on the lot, resulting in lot coverage or yards inconsistent with the requirements of the zoning district where it is located, may be enlarged, extended or structurally altered in a manner that decreases or maintains its existing degree of nonconformity, but in no case shall such structure be enlarged, extended or structurally altered in a manner that increases its degree of nonconformity.
(Ord. 7-2002. Passed 3-19-02.)
(e) Legally nonconforming residential lots currently in zoning districts that do not permit single-family structures are permitted to install, build or construct accessory structures provided that the accessory structure meets development standards for the adjacent or most proximate residential district; including that district’s process for variances. (Ord. 50-2019. Passed 10-1-19.)
1151.05 DISCONTINUANCE.
(a) A nonconforming use which has been abandoned shall not thereafter be returned to a nonconforming use. A nonconforming use shall be considered abandoned whenever any one of the following conditions exist:
(1) When the use has been voluntarily discontinued for a period of two (2) years.
(2) When the nonconforming use has been replaced by a conforming use.
(b) Reinstatement. Properties which have fallen into discontinuance can apply for reinstatement of a nonconforming use. Applications for reinstatement of a nonconforming use may be submitted to the Planning Commission by at least one (1) owner of property or his/her designated agent per the following requirements:
(1) Contents of Application. An application shall be submitted by the applicant to the Planning Commission via the Zoning Administrator and shall contain, at a minimum, the following information:
A. Name, address, and phone number of the applicant.
B. Present use, previous use, and district.
C. Specific proposed nonconforming use and statement explaining how the proposed reinstatement will impact adjacent and proximate properties.
D. Development plan regarding the details of the proposed nonconforming use including but not limited to: off-street parking, vehicle access, traffic flow, hours of operation, signage, etc.
E. A list of all property owners within the 200 feet, contiguous to, and directly across the street from the parcel(s) proposing the reinstatement and their address as appearing on the Crawford County Auditor's current tax list.
F. A fee of three hundred dollars ($300.00).
G. Any other information as may be requested by the Zoning Administrator.
(2) Recommendation by Planning Commission. Within thirty (30) days after the first regular meeting of the Planning Commission after the receipt of the proposed reinstatement, the Planning Commission shall recommend to City Council that the reinstatement be approved as requested, approved with conditions, or it may recommend that the amendment be denied. In formulating such recommendation, the Planning Commission may seek input from interested parties in the form of hearings, meetings, or other methods.
(3) Public Hearing. Before the proposed reinstatement may be approved, the City Council shall hold a public hearing, and shall give at least thirty (30) days notice of the time and place thereof in a newspaper of general circulation in the City. Written notice of the hearing shall be made by the Clerk of Council, by first-class mail, at least twenty (20) days before the date of the public hearing to the owners of property within 200 feet or contiguous to, and directly across the street from such parcel or parcels applying for reinstatement of the discontinued use. Additionally, a sign providing notice of a public hearing will be posted on the property for which the reinstatement was requested, for a period not less than fourteen (14) days prior to the scheduled hearing. The failure of delivery of such notice shall not invalidate such proposed reinstatement.
(4) Action by City Council. No such reinstatement which is in accordance with the recommendation submitted by the Planning Commission shall be deemed to pass or take effect without the concurrence of at least a majority of the membership of the City Council. No such Ordinance which violates, differs from, or departs from the recommendation submitted by the Planning Commission shall take effect unless passed or approved by not less than three fourths (3/4) of the membership of the City Council.
(5) Criteria. In reviewing the proposed reinstatement of nonconforming use and arriving at its decision, the City Council shall consider the following factors
A. Commercial history of property including but not limited to: prior usage, date of last use, etc.
B. Specific nonconforming use requested
C. Characteristics of adjacent properties and neighborhood and the impact of the nonconforming use on general welfare of the adjacent properties and other residents of the City including available off-street parking, vehicle access, traffic flow, hours of operation, signage, etc.
D. Feedback received from neighboring property owners.
(6) Properties which have received City Council's approval for reinstatement of a nonconforming use become subject to the full requirements of nonconformities ordinance (BCO Chapter 1151).
(Ord. 20-2022. Passed 4-19-22.)
1151.06 DAMAGE AND/OR DESTRUCTION OF A NONCONFORMING BUILDING OR USE.
When a building or structure, the use or location of which does not conform to the provisions of this Ordinance, is damaged by fire, explosion, act of God, or the public enemy, it may be restored or rebuilt and continued in such nonconforming use, provided that the following conditions are met:
(a) The restoration or rebuilding is commenced within six (6) months of the time of damage, and construction is completed within one (1) year, and
(b) The damaged or destroyed building was not located in such a manner so as to encroach on adjacent property, and
(c) Such restoration or rebuilding would not extend or expand the existing use.
If any part of the damaged or destroyed building encroached on adjacent property, the locations of the restored or rebuilt structure is subject to approval by the Board of Zoning Appeals. If the restoration or rebuilding of the structure involves extension or expansion of the use, then the provisions of Section 1151.04 shall apply.
1151.07 MAINTENANCE AND REPAIR.
Nothing in this chapter shall be deemed to prevent normal maintenance and repair of a building or structure containing a nonconforming use. Structural alterations may be made to a building or structure containing a nonconforming use as follows:
(a) When required by law.
(b) To convert to a conforming use.
(c) A building or structure containing residential nonconforming uses may be so altered as to improve interior livability. However, no structural alterations shall be made which exceed the area or height requirements or which would extend into any yard required in the district in which such building is located.
1151.08 NONCONFORMING LOTS OF RECORD.
In any district where dwellings are permitted, a one-family detached dwelling or accessory building if the lot is already occupied by a one-family residence, may be erected on any lot of official record on the effective date of this Ordinance, even though such lot does not comply with the lot area and width requirements of the district in which it is located, provided said lot has minimum area of 3,000 square feet and at least thirty five (35) feet of lot width with frontage on a public street; and further provided the following conditions are complied with:
(a) If the owner of such lot does not own adjacent property and did not own adjacent property at the time this Ordinance became effective:
(1) In any district where dwellings are permitted, two (2) inches may be deducted from the required minimum width of each side yard and four (4) inches from the required minimum width of both side yards for each foot that the lot is narrower than the required width for the district. In no case, however, shall any side yard be narrower than three (3) feet.
(2) For lots having a depth of less than 110 feet, the depth of the rear yard need not exceed 25 percent of the total depth of the lot, but shall not be less than twenty (20) feet.
(b) If the owner of such lot owns adjacent property, or owned such property at the time this Ordinance became effective, the modification of lot area and yard dimensions as set forth above shall not apply, except as follows:
In order to erect a dwelling or dwellings thereon, the owner of two (2) or more adjacent lots fronting on the same street shall redivide the lots in such a manner that they conform with the lot area and yard requirements for a single-family dwelling in that district where the lots are located. However, if the average width of the lots resulting from such redivision would exceed the required lot width for a single family dwelling by more than fifteen (15) feet, such redivision, if any, may be made so as to provide one (1) more building lot than would otherwise be permitted. In such case, the provisions of subsection (a) hereof relating to the reduction of side and rear yards shall apply.
TITLE NINE - Zoning Districts
Chap. 1155. Standard Zoning District Regulations.
Chap. 1157. Zoning Districts and Zoning District Map.
Chap. 1159. (RE) Residential Estate District.
Chap. 1161. (R-1, R-2) Suburban Residential Districts.
Chap. 1163. (R-3) Urban Neighborhood Residential District.
Chap. 1165. (AR) Apartment Residential District.
Chap. 1167. (MH-R) Manufactured Home Residential District.
Chap. 1171. (NB) Neighborhood Business District.
Chap. 1173. (GB) General Business District.
Chap. 1175. (DB) Downtown Business District.
Chap. 1179. (GI) General Industrial District and (LIC)
Limited Industrial/Commercial District.
Chap. 1181. (SU) Special Use District.
Chap. 1183. (FP) Flood Plain Overlay District.
1155.01 REGULATION OF THE USES OF LAND OR STRUCTURES.
Regulations pertaining to the use of land and/or structures, and the physical development thereof within each of the zoning districts as established in Chapter 1157, are hereby established and adopted.
1155.02 RULES OF APPLICATION.
(a) Identification of Uses. Listed uses are to be defined by their customary name or identification, except as specifically defined or limited in this Ordinance.
(b) Permitted Uses.
(1) Only a use designated as permitted shall be allowed as a matter of right in any zoning district, and any use not so designated shall be prohibited unless:
A. A permitted use may be added to a zoning district by formal amendment, in conformance with Chapter 1145.
B. An unlisted use may be determined by the Board of Zoning Appeals to be a similar use, pursuant to subsection (e) hereof.
(2) No more than one (1) permitted use shall exist on any single residential zoning lot.
(c) Accessory Uses. An accessory use or structure is a subordinate use or structure clearly incidental and secondary to the principal permitted building or use, and located on the same lot with such principal building or use. Accessory uses or structures shall be allowed in accordance with the specific district regulations, and the requirements of Chapter 1187.
(d) Conditional Uses. A use designated as a conditional use shall be allowed in the zoning district where the designation occurs, when such use, its location, extent and method of development will not substantially alter the character of the vicinity, or unduly interfere with or adversely impact the use of adjacent lots. To this end, the Board of Zoning Appeals shall, in addition to the development standards for the specific district, set forth additional requirements as will render the conditional use compatible with existing and future use of adjacent lots in the vicinity.
In making such determination, the Board of Zoning Appeals may seek the input of interested parties, including but not limited to adjacent property owners, at public meetings or hearings established for that purpose. If such hearings are held, the notification requirements shall be the same for variances as specified in Chapter 1147.
(e) Similar Uses.
(1) Determination as to whether a use is similar to uses permitted by right shall be considered as an expansion of use regulations of the district and not as a variance applying to a particular situation. Any use found similar shall thereafter be considered as a permitted use in that district.
(2) Applications for zoning permits for uses not specifically listed in the permitted building or use classifications of the zoning district, which the applicant feels qualify as a similar use under the provisions of this Section, shall be submitted to the Board of Zoning Appeals.
(3) Within thirty (30) days after such submittal, the Board of Zoning Appeals shall determine whether the requested use is similar to those uses permitted in the specific district. In order to find that a use is similar, the Board of Zoning Appeals shall find that all of the following conditions exist:
A. Such use is not listed as a permitted or conditional use in another zoning district.
B. Such use conforms to basic characteristics of the district to which it is to be added and is more appropriate to it than to any other district.
C. Such use creates no danger to health and safety, creates no offensive noise, vibration, dust, heat, smoke, odor, glare, or other objectionable influences, and does not create traffic congestion to an extent greater than normally resulting from uses listed in the classification to which it is to added.
(f) Development Standards. Development standards set forth shall be the minimum allowed for uses permitted in that district. If development standards are in conflict with requirements of any other lawfully adopted rule, regulation, or law, the most restrictive standard shall govern.
(g) Development Plan.
(1) For particular uses in specific districts, a Development Plan will be cited as required. In such cases, the Development Plan shall be submitted by the applicant at the time of the application for a zoning permit, or at such time when the property is rezoned into that district. The Development Plan shall contain a site plan for the property, drawn to approximate scale, showing all property lines and building outlines, access drives, parking areas, and other notable physical features. The Development Plan shall also show the size, design, materials and location of all signage proposed for the development. The Development Plan shall contain a narrative description of the proposed use, and how such use will impact adjacent residential property.
(2) The Development Plan shall be reviewed by the Planning Commission and must be approved as a condition for the issuance of a zoning permit. In approving a Development Plan, the Planning Commission shall find that the following criteria have been met:
A. The proposed building or use shall have sufficient yard space to provide for adequate parking and screening of adjacent residential areas in accordance with this Article.
B. The Development Plan for the proposed facility identifies the range of potential alleviate adverse impacts on adjacent residential areas and incorporates measures to alleviate or significantly lessen such impacts and to protect the residential character of such areas.
(h) Essential Services. Essential Services, as defined and specified in Chapter 1139, shall be permitted in any and all zoning districts within the City.
1157.01 ZONING DISTRICTS ESTABLISHED.
The following zoning districts are hereby established for the City of Bucyrus:
(RE) Residential Estate District
(R-1) Suburban Residential District
(R-2) Suburban Residential District
(R-3) Urban Neighborhood Residential District
(AR) Apartment Residential District
(MH-R) Manufactured Home Residential District
(NB) Neighborhood Business District
(GB) General Business District
(DB) Downtown Business District
(GI) General Industrial District
(LIC) Limited Industrial/Commercial District
(SU) Special Use District
(FP) Flood Plain Overlay District
1157.02 OFFICIAL ZONING DISTRICT MAP.
The districts established in Section 1157.01 are shown on the Official Zoning District Map, which together with all notations, references, data, district boundaries and other explanatory information, are hereby adopted as a part of this Ordinance. The Official Zoning District Map shall be identified by the signatures of the Mayor and the President of Council, and shall be on file in the Municipal Building.
1157.03 INTERPRETATION OF ZONING DISTRICT BOUNDARIES.
Except where referenced and noted on the Official Zoning District Map by a designated line and/or dimensions, the district boundary lines are intended to follow property lines, lot lines, center lines of streets, alleys, streams and/or railroads as they existed at the time of passage of this Ordinance. The Zoning Inspector shall interpret the boundary lines from the Official Zoning District Map. When and if the Zoning Inspector's interpretation of such boundary line is disputed, the final interpretation authority shall rest with the Board of Zoning Appeals.
1157.04 NEWLY ANNEXED AREAS.
Territory which is annexed into the City of Bucyrus subsequent to the effective date of this
Ordinance shall, upon the effective date of the annexation, be zoned into the RE District, unless prior to annexation, a specific zoning area designation is requested by the owner of the property to be annexed and is approved by City Council as part of the resolution setting forth the City services to be provided to the annexed territory. Within three (3) months from the date of annexation, the Planning Commission shall present a zoning plan for the annexed territory to the City Council. City Council may hold a public hearing on the proposed zoning plan, as recommended by the Planning Commission. After said hearing, City Council shall approve, or approve with modification, the zoning plan. However, nothing in this Section shall prevent the owner of property within the annexed territory from applying for a zoning amendment, after the effective date of annexation, pursuant to the procedures specified in Chapter 1145.
(Ord. 37-2020. Passed 10-20-20.)
1159.01 PURPOSE.
This district is established to encourage the continuance of agricultural uses, to permit low- density residential development in areas which may not have current access to public water and sewer, and to provide for areas as needed for future City expansion.
1159.02 AGRICULTURE USES DEFINED.
"Agriculture" means the use of land as defined in Chapter 1139. For the purposes of this Ordinance, such agricultural use shall not include:
(a) Maintenance and operation of commercial greenhouses or hydroponic farms, except in zoning districts in which such uses are expressly permitted.
(b) Wholesale or retail sales as an accessory use, unless specifically permitted by Section 1159.04
(g).
(c) Feeding garbage to animals, raising poultry or fur-bearing animals as a principal use, or operation or maintenance of a commercial stockyard or feed yard.
1159.03 PERMITTED USES.
(a) Agricultural uses, customary agricultural buildings and structures incidental to the carrying out of the principal agricultural activity, and/or no more than one single-family detached dwelling.
(b) One-family detached dwellings.
(c) Public or private parks and/or open space, provided not less than 75% of the total area of the property is left in an undeveloped state.
(d) Public or private golf courses.
1159.04 ACCESSORY USES.
(a) Private detached garages or carports.
(b) Tool or garden sheds or similar structures.
(c) Accessory structures typically associated with principal agricultural use of the property, e.g., silos, equipment sheds, etc.
(d) Temporary buildings for uses incidental to construction work, which shall be removed upon completion or abandonment of construction work.
(e) Private swimming pools, tennis courts and/or similar facility, for primary use by occupants of the principal use of the property on which the facility is located, and subject to the regulations of this Ordinance.
(f) Home occupations, subject to the requirements of Section 1187.03.
(g) Temporary roadside stands, offering for sale only agricultural products grown on the premises.
1159.05 CONDITIONAL USES.
(a) Animal boarding facilities.
(b) Animal hospitals or clinics.
(c) Churches and/or similar facilities for public assembly, provided the primary assembly area has a capacity of not more than 400 persons.
(d) Cemeteries.
1159.06 DEVELOPMENT STANDARDS.
(a) Lot Area. For residential uses, the minimum lot area shall be one (1) acre if the site is not served by central water and sewer, or such size as approved by the Crawford County Health Department whichever is larger. If the site is served by central water and sewer, the minimum lot size shall be 20,000 square feet.
For all other permitted and conditional uses, the lot area shall be not less than five (5) acres.
(b) Minimum Lot Frontage. 150 feet frontage on a dedicated, improved street or highway.
(c) Minimum Front Yard Depth. Seventy-five (75) feet.
(d) Minimum Side Yard Width. Twenty (20) feet.
(e) Minimum Sum of Side Yard Widths. Forty (40) feet.
(f) Minimum Rear Yard Depth. Fifty (50) feet.
(g) Minimum Distance to Residential Structures not on Property. All agricultural operations shall be located on the lot so as to provide a minimum distance of 200 feet to any residential dwelling not on the property.
(h) Maximum Building Height. Forty (40) feet for buildings. Silos, windmills, or any other structure considered as an accessory use, may exceed this height provided such structures maintain a distance equal to their height to any adjacent property or zoning district.
1161.01 PURPOSE.
The Suburban Residential Districts are established to provide for a variety of suburban-type and “in-town” single-family residential environments at several housing densities, and to discourage large concentrations of intensive development where higher density would be inconsistent with the character of the surrounding neighborhoods. Such areas shall be served by public water and sewer systems, or capable of being served at the time of development.
1161.02 PERMITTED USES.
(a) One-family detached dwellings.
(b) Common wall two-family dwellings, as defined in Chapter 1139, in the R-2 District, provided the common wall meets the structural requirements of the local or other applicable building code, as may be amended.
(c) Public parks and open space.
(d) Non-animal farming.
1161.03 ACCESSORY USES.
(a) Private detached garages or carports.
(b) Tool or garden sheds or similar structures.
(c) Temporary buildings for uses incidental to construction work, which shall be removed upon completion or abandonment of construction work.
(d) Private swimming pools, tennis courts and/or similar facility, for primary use by occupants of the principal use of the property on which the facility is located, and subject to the regulations of this Ordinance.
1161.04 CONDITIONAL USES.
(a) Home occupations, subject to the requirements of Section 1187.03.
1161.05 DEVELOPMENT STANDARDS.
The development standards for the R-1 and R-2 Districts shall be as shown on the chart on the following page:
SUBURBAN RESIDENTIAL DISTRICTS
DEVELOPMENT STANDARDS
R-1 | R-2 | |
MINIMUM LOT AREA | 12,000 S.F. | 9,000 S.F. for detached single-family |
6,500 S.F. per unit for common wall 2-family | ||
MINIMUM LOT WIDTH | 80 feet | 70 feet per unit for detached single-family |
40 feet per unit for common wall 2-family | ||
MINIMUM FRONT YARD DEPTH | 30 feet | 25 feet |
MINIMUM SIDE YARD WIDTH | 10 feet | 8 feet |
MINIMUM REAR YARD DEPTH | 30 feet | 25 feet |
MIN. BLDG. AREA (1 STORY) | 1,800 S.F. | 1,500 S.F. |
MIN. BLDG. AREA (1.5 - 2 STORY) | 2,000 S.F. | 1,900 S.F. |
MAX. BLDG. HEIGHT | 35 feet | 35 feet |
* Common wall two-family dwellings are not required to meet the side yard requirements where the common walls meet.
1163.01 PURPOSE.
The R-3 District is established to provide for the continuance of single-family housing within the older portions of the City of Bucyrus, and the expansion of such uses at densities consistent with existing development, thereby encouraging private reinvestment and revitalization in such areas, and increasing the diversity of housing choice while maintaining adequate development standards.
It is recognized that, since property in the R-3 District is likely to be located in the older areas of the City, and such areas likely to be characterized by patterns of mixed land use. Many of these mixed uses are the result of past development practices and would not be allowed under the provisions of this R-3 District. It is the intent of this Ordinance, and this district in particular, to protect and preserve the basic property rights of such existing nonconforming uses. Specific provisions are made for the continuance, substitution and extension of such use, pursuant to Chapter 1151 of this Ordinance and Section 713.15 of the Ohio Revised Code.
The district can also be used to allow for new development in outlying areas of the City by meeting standards intended to promote the historic neighborhood character of such new development.
1163.02 PERMITTED USES.
(a) One-family detached dwellings.
(b) Common wall two-family dwellings, as defined in Chapter 1139, provided the common wall meets the structural requirements of the local or other applicable building code, as may be amended.
(c) Public parks, playgrounds and open space.
1163.03 ACCESSORY USES.
(a) Private detached garages or carports.
(b) Tool sheds, garden sheds, play houses and/or similar structures.
(c) Temporary buildings for uses incidental to construction work, which shall be removed upon completion or abandonment of the construction work.
1163.04 CONDITIONAL USES.
(a) Home occupations, subject to the provisions of Section 1187.03.
(b) Churches and similar places of public assembly, provided the seating capacity of the primary seating area is not more than 300 persons. (Ord. 7-2002. Passed 3-19-02.)
(c) Multi-family dwellings subject to the following conditions:
(1) Establishment of a Build-to Front Property line: The build to front line is the average front setback line of structures located on the block containing the proposed development.
(2) Consistent Height Requirement: The required height is no greater than plus or minus 25% of the average height of homes located on the block containing the proposed development.
(3) Side yard requirement: The side yard requirement is 6 feet.
(4) Off-street parking: In areas where there is no on-street parking, two off- street parking spaces shall be provided for each unit. In areas of the R-3 district, where on street parking is provided, the parking requirement shall be reduced according to the following table.
Number of Units Number of Required Spaces
2 3
3 4
4 6
5 8
6 9
>6 75% of the off-street requirement rounded to the nearest whole.
(5) In the case where an existing structure is to be modified to accommodate multifamily housing, the applicant shall submit engineered drawing, stamped by a professional engineer or architect. The plans shall clearly indicate fire protection between the units with a minimum of two hour fire resistance rating. (Ord. 21-2018. Passed 6-5-18.)
1163.05 DEVELOPMENT STANDARDS.
(a) Minimum Lot Area.
(1) 5,000 square feet for single-family detached dwellings;
(2) 5,000 square feet for each unit of common wall two-family dwellings;
(3) 7,500 square feet for other permitted uses
(b) Minimum Lot Width.
(1) Fifty (50) feet for single-family detached dwellings;
(2) Forty (40) feet for each unit of common wall two-family dwellings;
(3) Seventy (70) feet for other permitted uses.
All lots shall have frontage on a publicly dedicated, improved street or highway.
(c) Minimum Front Yard Depth. Twenty (20) feet, or the average of the existing principal structures on the same side of the street and facing thereon within the same block, whichever is less.
(d) Minimum Side Yard Depth.
(1) Four (4) feet for single-family detached dwellings;
(2) Six (6) feet for common wall two-family dwellings, however, individual units are not required to meet side yard regulations where the common walls meet.
(e) Minimum Rear Yard Depth. Fifteen percent (15%) of lot depth, but not less than twenty (20) feet.
(f) Maximum Building Height. Thirty-five (35) feet.
(g) Maximum Lot Coverage. The area of all buildings and accessory structures in the R-3 District shall not exceed 50% of the area of the lot.
(h) Additional Requirements for New Lots Developed in the R-3 District. Presently undeveloped areas outside the older portion of the City may be developed in the R-3 District, subject to the following regulations:
(1) Development Plan. A Development Plan shall be required for all new residential development within the R-3 District, containing more than ten (10) dwelling units. Such Development Plan shall show the proposed layout of all streets, lots and buildings, as well as the location of all public spaces, and shall illustrate that the proposed development conforms with the purpose and intent of the R-3 District.
(2) Garages. All garages shall be located within the rear yard.
(3) Street Trees. Street trees shall be required along all new streets developed within R-3 District. The spacing of trees along streets shall be not less than thirty (30) feet on center.
(4) Sidewalks. Sidewalks at least (4) feet in width shall be required for both sides of all new streets within the R-3 District.
(5) Required Open Space. Not less than 15% of the total net developable area of the proposed development shall be dedicated to permanent open space parks, and/or public spaces. Such open space shall be granted to a homeowner's association, or may be donated to the City, if the location and physical condition of the land so donated is consistent with an adopted parks and open space plan and such donation is approved by City Council. For the purposes of this calculation, net developable area shall mean the area of the site proposed for development, minus public and/or private streets and/or alleys.
1165.01 PURPOSE.
It is recognized that housing at higher densities creates particular opportunities and issues separate and distinct from lower density development. This district is established to provide for the continuance, redevelopment and/or limited expansion of higher density residential developments in areas best equipped to accommodate such projects. This district can also be used to provide for other similar forms of housing, including condominiums.
1165.02 PERMITTED USES.
(a) Multiple family structures having two or more dwellings per structure, including senior housing.
(b) Public or private parks.
1165.03 ACCESSORY USES.
(a) Uses incidental and accessory to multiple-family dwellings and for exclusive use of their residents, to include common recreational facilities, community swimming pools, and offices for the rental and management of units therein.
(b) Temporary buildings for uses incidental to construction work Such structures shall be removed within thirty (300 days from issuance of a Certificate of Zoning Compliance.
(c) Home occupations, subject to the requirements of Section 1187.03.
1165.04 CONDITIONAL USES.
(a) Multiple family structures applying for a density bonus, pursuant to Section 1165.06.
(b) Nursery schools and day care centers.
1165.05 DEVELOPMENT STANDARDS.
(a) Minimum Lot Area. 4,500 square feet per dwelling unit for two-family dwellings. 4,000 square feet per dwelling unit for all other multiple-family dwellings. This requirement may be reduced to 3,000 square feet per dwelling unit if approved by the Board of Zoning Appeals, pursuant to Section 1165.06.
(b) Minimum Lot Width. Eighty (80) feet of frontage on a publicly dedicated and improved street or highway.
(c) Minimum Front Yard Depth. Thirty (30) feet.
(d) Minimum Side Yard Width. Ten (10) feet for two-family structures; twenty (20) feet in all other cases.
(e) Minimum Rear Yard Depth. Forty (40) feet.
(f) Maximum Building Height. Thirty-five (35) feet.
(g) Minimum Distance between Buildings. If there are two or more buildings on a single lot, the minimum distance between buildings shall be fifteen (15) feet.
(h) Storm Drainage. The application for rezoning into the AR District must include a plan showing storm drainage runoff collection points.
(i) Landscaping. If side or rear yards are located adjacent to any district where single- family residences are a permitted use, landscaping and screening of those yards shall be required. Such landscaping and/or screening shall consist of walls, fencing, mounding, natural vegetation or a combination of these elements, provided that such screening shall be at least seven (7) feet high or, if natural vegetation is used, capable of reaching seven (7) feet high within three (3) years of planting. Any application for a rezoning into the AR District shall include a site plan for the proposed screening.
(j) Large Projects. A Development Plan, pursuant to the requirements of Section 1155.02(g) shall be required for all multiple-family residential development projects containing more than twenty (20) units.
1165.06 DENSITY BONUS.
The Board of Zoning Appeals may approve a density bonus, on a case-by-case basis, which would allow an overall density not to exceed 3,000 square feet of lot area per dwelling unit, if it finds that the following conditions exist:
(a) The subject site is twenty (20) acres or more and a minimum of forty (40) dwelling units is proposed.
(b) The development is located directly adjacent to major thoroughfares as delineated on the Thoroughfare Plan.
(c) Building design and site design is of high quality and buildings are integrated with the natural features and architectural context of the surrounding area.
(d) A minimum of twenty percent (20%) of the site is designated as permanent open space. The open space system shall provide for pedestrian and bicycle linkages to neighborhood facilities, parks, play areas. Assurances shall be provided that such open space shall be maintained by the owner of the development.
(e) A formal agreement between the City and the applicant, insuring that the provisions of (a) through (d) above are met, is arranged and approved by the City Law Director.
1167.01 PURPOSE.
The City of Bucyrus recognizes that manufactured housing presents residential opportunities and options, especially related to cost, which are unavailable with conventional site-built housing. Nonetheless, such manufactured housing has unique development characteristics that require special treatment in regard to location, placement and land use compatibility.
The Manufactured Home Residential (MH-R) District is established to provide areas for manufactured homes so as to provide a desirable residential environment, protected from adverse neighboring influences, with adequate access for vehicular traffic and circulation. These residential communities shall be developed and located so as to not promote excessive vehicular traffic on streets in adjoining neighborhoods, and shall provide overall desirability equivalent to that for other forms of residential development.
1167.02 REQUIREMENTS GENERALLY.
Permanently sited manufactured homes, as defined in Chapter 1139, shall be considered as a permitted use in any zoning district that permits single-family residential dwellings. Mobile homes, as defined in Chapter 1139, shall not be considered as a permitted or conditional use in this or any other zoning district.
1167.03 PERMITTED USES.
(a) One-family detached dwellings.
(b) Manufactured home communities, provided a Development Plan is approved by the Planning Commission.
(c) Public or private parks or playgrounds.
1167.04 CONDITIONAL USE.
(a) Nursery schools and day care centers.
1167.05 ACCESSORY USES.
(a) Uses and structures incidental and accessory to specified permitted uses to include common areas, community/recreational facilities and offices for rental and management of units therein.
1167.06 DEVELOPMENT STANDARDS.
The following standards for the arrangement and development of land and buildings are required in the MH-R District.
(a) Minimum Lot Area.
(1) The minimum lot area for any manufactured home community shall be ten (10) acres. Maximum gross density shall not exceed six (6) dwelling units per acre.
(2) Individual manufactured home lots shall be not less than 3,600 square feet.
(3) For any other permitted use, the minimum lot area shall not be less than 7,500 square feet.
(b) Minimum Lot Width.
(1) The minimum lot width for any manufactured home community shall be not less than 300 feet. Frontage shall be provided on a publicly dedicated and improved street. The ratio of width to depth shall not exceed one to five (1:5).
(2) For any other permitted use, the minimum lot width shall be.as specified in the R-2 District.
(c) Minimum Front Yard.
(1) The minimum front yard depth for any manufactured home community shall be not less than thirty-five (35) feet.
(2) For any other permitted use, the minimum front yard depth shall be twenty- five (25) feet.
(d) Minimum Side Yard Width.
(1) The minimum side yard width for a manufactured home community shall be not less than thirty-five (35) feet.
(2) For any other permitted uses, the minimum side yard width shall be not less than eight (8) feet, with minimum of twenty (20) feet for the sum of side yards.
(e) Minimum Rear Yard Depth.
(1) The minimum rear yard depth for any manufactured home community shall be not less than thirty-five (35) feet.
(2) For any other permitted use, the minimum rear yard depth shall be not less than forty (40) feet.
(f) Maximum Lot Coverage. Detached dwelling units and their accessory buildings shall not occupy more than fifty percent (50%) of the lot area of any individual manufactured home lot.
(g) Required Open Space and Recreational Areas. At least eight percent (8%) (not to include setback) of the gross land area for any manufactured home community shall be reserved for common recreational areas and facilities, such as playgrounds, swimming pools, pedestrian paths, and similar facilities. Such recreational and open space facilities shall not be a part of streets and/or parking areas, and shall be closed to motorized traffic, except for service and maintenance vehicles. Such areas shall be landscaped, improved and maintained for the intended uses.
(h) Off-Street Parking. Off-street parking for permitted uses shall be provided as required in this Ordinance, and as herein specified.
In manufactured home communities and conditional uses, parking spaces shall be provided for two (2) vehicles for each dwelling unit. Such parking spaces shall be located either on the same lot as the dwelling which they serve, or in specially provided common areas located not more than 600 feet from the dwelling which they serve, or some combination thereof. Required parking spaces shall not be provided on public or private streets within and on the perimeter of the community. Parking shall be so arranged that there is no maneuvering incidental to parking in the travel lane of streets.
(i) Access. All manufactured home communities shall have direct access to public streets with a right-of-way of not less than fifty (50) feet in width. Principal vehicular access points shall be designed to encourage smooth traffic flow. Merging and turnout lanes and/or traffic dividers shall be required where existing or anticipated traffic volumes indicate need. Minor streets shall not be connected with streets outside the district in such a way so as to encourage the use of those streets by substantial amounts of through traffic. No lot within the community shall have direct vehicular access to a street bordering the development.
(j) Streets and Street Layout. All streets, whether private or dedicated to the City, providing access to the individual lots in a manufactured home community, shall be dimensioned and improved in accordance with the standards and requirements of the Subdivision Regulations of the City of Bucyrus.
The proposed layout of streets within a manufactured home community shall be approved by the Planning Commission. In making such determinations, the Commission may procure the assistance of an engineer or other professional. All costs associated with such approval shall be paid by the applicant prior to issuance of Certificates of Zoning Compliance.
(k) Landscaping. The landscaping of side and rear lots of a manufactured home community shall be required. The Planning Commission will consider landscaping on a case by case basis. If an applicant is unsatisfied with the decision or requests of the Planning Commission, they may go to the Zoning Board of Appeals with their objections.
(l) Water and Sewer. Any manufactured home community shall be provided with a water and sanitary sewer distribution system, serving each individual home lot, which is connected to the municipal water and sanitary sewage system. The design and construction of such distribution systems shall be approved by the Ohio Environmental Protection Agency and the City.
(m) Storm Drainage. All areas within a manufactured home community shall be graded and drained so as to minimize standing water and surface runoff. Open drainage ditches shall be prohibited. The proposed methods for alleviation of standing water and excessive surface runoff shall be submitted by the applicant, and approved by the City. All costs associated with such approvals shall be paid by the applicant prior to the issuance of Certificates of Zoning Compliance.
(n) Underground Utilities. Within any manufactured home community, all utility lines, including electricity, telephone, and cable television shall be located underground.
(o) Trash and Garbage Control. All trash and garbage shall be stored in container systems which are located and enclosed in a manner which provides ease of access to individual mobile home lots, while effectively screening them from view. The disposal of trash and maintenance of the area shall be the responsibility of the owner of the manufactured home community.
1171.01 PURPOSE.
The purpose of the Neighborhood Business District is to provide for the orderly development of neighborhood-oriented businesses serving the regular day-to-day convenience and personal service needs of nearby residents. Because commercial establishments within the NB District are more closely associated with the residential land uses, more restrictive requirements related to size and scale, traffic control and landscaping are needed than in other commercial districts.
1171.02 PERMITTED USES.
(a) Administrative, business or professional offices not carrying on retail trade with the public and having no stock of goods maintained for sale to customers consisting of:
(1) Brokers and dealers in securities, investments and associated services, not including commercial banks and savings institutions.
(2) Insurance agents and brokers and associated services.
(3) Real estate sales and associated services.
(4) Medical and medical-related activities, but not including veterinary offices or animal hospitals.
(5) Professional, legal, engineering and architectural services, not including the outside storage of equipment.
(6) Accounting, auditing and other bookkeeping services.
(Ord. 7-2002. Passed 3-19-02.)
(b) Retail Stores primarily engaged in selling merchandise for personal or household consumption, and rendering services incidental to the sale of those goods. Examples include:
(Ord. 29-2003. Passed 8-6-03.)
(1) Food and food products, consisting of: grocery stores, meat and fish markets, fruit and vegetable markets, and specialty stores such as bakery, candy or confectionery.
(2) Proprietary drug and hardware stores.
(3) Similar retail stores, consisting of: florists, gift, antique or second-hand stores, books and newspapers, sporting goods, jewelry, optical goods, and other retail stores which conform to the purpose and intent of the NB District.
(c) Personal Services, involving the care of the person and his/her personal effects, consisting of consumer services generally involving the care and maintenance of tangible personal property, except for motor vehicles. Examples include:
(1) Restaurants, but not including restaurants with drive-through facilities.
(2) Banks, savings and loans, and credit agencies, but not including establishments with drive-through facilities.
(3) Barber and beauty shops, having no more than three work stations.
(4) Laundromats and/or dry-cleaning facilities.
(5) Funeral services.
(6) Human medical and/or dental clinics.
(7) Radio, television or small appliance repair.
(8) Commercial photography.
(9) On-premises duplication services.
(d) Nursery schools and day care facilities.
(e) Churches and/or similar places of public assembly, provided such establishments have a seating capacity in the main sanctuary of not more than 500 persons.
1171.03 CONDITIONAL USES.
(a) Veterinary offices, not including outside boarding of animals.
(Ord. 7-2002. Passed 3-19-02.)
(b) Retail sales of gasoline or similar fuels, including drive-through establishment or business.
(c) Temporary seasonal storage. (Ord. 29-2003. Passed 8-6-03.)
(d) Residences as approved by the Board of Zoning Appeals on a case by case basis. (Ord. 36-2004. Passed 8-24-04.)
1171.04 DEVELOPMENT STANDARDS.
(a) Development Plan. A Development Plan shall be submitted by the applicant to the Planning Commission at the time of any proposed rezoning of property into the NB District, or for any new proposed use within the NB District. Such Development Plan shall show the layout of the site, including proposed structures, driveways, parking areas, vehicular circulation patterns, signage, and the methods proposed to address the proximity of the proposed use to any proximate residential property.
(b) Lot Area. No minimum lot area is required; however, lot area shall be adequate to provide the required parking and yard areas.
(c) Lot Width. No minimum lot width is required; however all lots shall abut an improved public street designated on the City Thoroughfare Plan as having not less than collector status. All lots shall have adequate width to provide for required parking and yard area.
(d) Front Yard Setback. The minimum front yard setback shall be the average of the existing adjacent commercial structures on the same side of the street and facing thereon within the same block. Where there are no adjacent commercial structures, the front yard setback shall not be less than thirty (30) feet measured from the street right-of-way.
(e) Side Yards. Fifteen (15) feet, unless adjacent to any district where residences are a permitted use, wherein the side yard shall be no less than thirty (30) feet.
(f) Rear Yards. Twenty (20) feet, unless adjacent to any district where residences are a permitted use, wherein the rear yard shall be no less than forty (40) feet.
(g) Additional Yard and Pedestrian Areas. Where new development in the NB District is located adjacent to a district where residences are a permitted use, the Planning Commission may require that at least five percent (5%) of the lot area, exclusive of parking areas and public rights-of- way, shall be devoted to landscaped yards or pedestrian space.
(h) Maximum Building Size. Individual uses within NB District shall have usable floor area of not more than 4,000 square feet, even if such uses occupy more than one building. Any single building containing multiple uses within the NB District shall have a usable floor area of not more than 12,000 square feet.
(i) Lighting. Lighting fixtures within the NB District shall be so arranged, shielded and directed so as to not shine directly on any adjacent residential property.
(j) Parking and Loading. Parking and loading requirements shall be as specified in Chapter 1189. In addition, parking spaces shall be designed to allow a minimum of five (5) feet between structure(s) and any parked vehicle.
(k) Landscaping. The landscaping of all parking and service areas is encouraged in the NB District. If side or rear yards are located adjacent to any areas where single-family or two-family residences are permitted uses, landscaping and screening shall be required in those yards.
(l) Trash and Garbage Control. All trash and garbage shall be stored in container systems which are located and enclosed so as to effectively screen them from view. The disposal of trash and maintenance of the area shall be the responsibility of the owner of the property.
(m) Outside Vending Machines. Freestanding vending machines located outside the primary or accessory structures shall not be permitted in the NB District.
1173.01 PURPOSE.
The General Business District is established to accommodate a broad range of business activity oriented toward community and/or regional markets. Such business uses, by their nature, rely on higher volumes of customer traffic and generally have higher impact levels on adjacent uses. The intent of the GB District is to encourage the most compatible relationship between permitted uses and overall traffic movement within the City, while minimizing negative impacts on adjacent land uses. The GB District is intended to be used primarily suburban settings; it is not to be used in the existing downtown area as a substitute for the DB District.
1173.02 PERMITTED USES.
(a) Any use or structure specified as a permitted use in Section 1171.02(a) of the NB District.
(b) Retail Stores primarily engaged in selling merchandise for personal or household consumption, and rendering services incidental to the sale of these goods:
(1) Food and food products, consisting of: grocery, meat, fish, fruit or vegetable markets or combinations thereof, dairy or bakery products, specialty food stores such as candy or confectionery, and miscellaneous food stores.
(2) General merchandise, including home furnishings and hardware and similar "hard lines".
(3) Apparel, consisting of: clothing, furnishings, and accessory items for men, women and children, custom tailor shops and combined apparel sales and personal service operations, and miscellaneous apparel and accessory stores.
(4) Similar retail stores, including: drug stores, florists, gift and novelty stores, books and newspapers, camera, photographic and optical goods, jewelry, antique stores, specialty stores, and other retail stores which conform to the purpose and intent of the GB District.
(c) Personal Services, involving the care of the person and his/her personal effects, including consumer services generally involving the care and maintenance of tangible property or the provision of tangible services for personal consumption including:
(1) Restaurants, including establishments with drive-through facilities, but not including restaurants with temporary outside seating areas.
(2) Banks, savings and loans, and credit agencies, including establishments with drive-through facilities.
(3) Barber and beauty shops.
(4) Dry-cleaning establishments.
(5) Funeral services.
(6) Human medical and dental clinics.
(7) Radio, television, or small appliance repair.
(8) Public and private parking areas.
(9) On-premises duplication facilities.
(d) Business Services engaged in the providing of services to business establishments on a fee or contract basis, consulting services, protective services, office equipment rental, lease or purchase, commercial research and development.
(e) Commercial recreational facilities such as community and public swimming pools, skating rinks, bowling alleys, physical fitness centers.
(f) Lumber and home improvement sales.
(g) Automobile sales and service establishments, including gasoline service stations, but not including truck servicing establishments.
(h) Theatres and similar public assembly facilities.
(i) Churches and places of public worship, provided such establishments have a seating capacity of under 1,000 persons in the main sanctuary.
(j) Hotels and motels.
(k) Garden centers.
(l) Carry out food and beverage establishments with drive-through facilities.
(m) Similar uses, as determined by the Board of Zoning Appeals to be consistent with the purpose of the GB District, in accordance with the provisions by Section 1155.02(e).
(Ord. 7-2002. Passed 3-19-02.)
(n) Veterinary offices, not including outside boarding of animals.
(Ord. 3-2019. Passed 1-15-19.)
1173.03 CONDITIONAL USES.
(a) Self-service car washes.
(b) Restaurants and similar facilities with outside seating facilities.
(c) Temporary or seasonal outdoor sales lots having a maximum operating duration of four (4) months, provided all other permits are obtained.
(Ord. 7-2002. Passed 3-19-02.)
(d) Residences as approved by the Board of Zoning Appeals on a case by case basis.
(Ord. 36-2004. Passed 8-24-04.)
1173.04 DEVELOPMENT STANDARDS.
(a) Minimum Lot Area. No minimum lot area is required; however, lot area shall be adequate to provide for the required parking and yard areas.
(b) Minimum Lot Width. 100 feet of frontage on a publicly dedicated and improved street or highway which is designated as not less than Minor Arterial status on the Thoroughfare Plan of the City of Bucyrus. If the proposed development is located on lots of record on the effective date of this Ordinance, and if the width of each such existing lot is forty (40) feet or less, then the minimum lot width may be reduced to eighty (80) feet.
(c) Minimum Front Yard Depth. Forty (40) feet, or the average of the front yard depth of the five (5) nearest commercial structures on the same side of the street.
(d) Minimum Side Yard.
(1) When abutting a non-residential zoning district: Twenty (20) feet for structures, ten (10) feet for paved areas.
(2) When abutting a residential zoning district: Thirty-five (35) feet for structures, twenty (20) feet for paved areas.
(e) Minimum Rear Yard.
(1) When abutting a non-residential zoning district: Thirty (30) feet for structures, ten (10) feet for paved areas.
(2) When abutting a residential zoning district: Thirty-five (35) feet for structures, twenty (20) feet for paved areas.
(f) Building Height. Forty (40) feet.
(g) Parking and Loading. Parking and loading requirements shall be as specified in Chapter 1189. In addition, parking spaces shall be designed to allow a minimum of five (5) feet between any structure and any parked vehicle.
(h) Landscaping. The landscaping of all parking and service areas is encouraged in the GB District. If side or rear yards are located adjacent to any district where single-family or two- family residences are a permitted use, landscaping and screening shall be required in those yards.
(i) Trash and Garbage Control. All trash and garbage shall be stored in container systems which are located and enclosed so as to effectively screen them from view. The disposal of trash and maintenance of the area shall be the responsibility of the owner of the property.
1175.01 PURPOSE.
The purpose of the Downtown Business district is to promote and foster the economic and physical revitalization of downtown Bucyrus. The standards and requirements of the DB District are based on the following principles:
(a) The downtown should contain a healthy mix of land uses. The marketplace - not regulations - should be the primary force driving the mix of downtown uses.
(b) The downtown should be particularly receptive to small local-based entrepreneurship and start-up businesses.
(c) Housing - and particularly owner-occupied housing - should be an integral component of the physical fabric of the downtown.
(d) The maintenance and improvement of the downtown physical environment is important in promoting an active and vital business environment.
(e) Development standards and regulations should encourage the adaptive use of older structures.
1175.02 PERMITTED USES IN DOWNTOWN BUSINESS DISTRICT.
(a) Any use specified as a permitted use in Sections 1173.02(a) through (d) in the GB District, not including drive-through facilities.
(b) Community facilities such as governmental offices, post offices, libraries, museums, private schools, public parks and similar uses.
(c) Churches and places of public worship.
(d) Theatres hosting indoor entertainment events.
(e) Hotels and/or Bed-and-Breakfast Establishment.
(f) Off-street parking areas.
(g) Similar Uses, which conform to the purpose of the Downtown Business District, as determined by the Planning Commission in accordance with the provisions of Section 1155.02(e).
(h) Businesses in the DB District are permitted to place merchandise and advertisement of goods and services in the public right of way provided that each of the following conditions have been met:
(1) Any display or merchandise are temporary and removed from the right of way when the business is not open,
(2) Any display or merchandise must be within the designated retail zone identified as:
A. Any display or merchandise located within the public right of way must be in the area bounded by the property lines of the building in which the business is located,
B. Displays or merchandise may extend no more than 6 feet from the exterior wall of the business which abuts the public right of way,
C. There must at all times, remain a minimum unobstructed pedestrian path of 48 inches, for the entire width of the business exterior that abuts the public right of way,
D. The business owner must provide proof of liability insurance in an amount not less than $1,000,000.00, listing the City of Bucyrus as an additional insured. The business must submit a Certificate of Insurance stating all policy limits and insureds no later than May 1st of each year,
E. Any benches placed in the retail zone as set forth in subsection (h)(2) above, must be purchased from the City of Bucyrus,
F. Permanent planters or floral displays must be approved by the City and placed within the Retail Zone set forth in subsection (h)(2) above. (Ord. 39-2017. Passed 8-15-17.)
1175.03 CONDITIONAL USES.
(a) Residences in the upper stories of existing buildings, provided that each dwelling unit has at least 1,000 square feet of habitable floor area, and further provided that a specific Development Plan for the project is approved by the Board of Zoning Appeals.
(b) One-family detached dwellings, provided such dwellings meet the development standards of the R-3 District.
(c) Uses with drive-through facilities, provided a Development Plan is prepared and approved by the Board of Zoning Appeals.
(d) Processing, assembly and/or packaging of products or materials, provided such operations are carried out totally within the building, such operations do not produce levels of noise or odors perceptible outside the building, and such use promotes the purpose of the DB District as stated in Section 1175.01.
(e) Any combination of two or more individual permitted or conditional uses on separate floors of an existing building.
(f) Outside dining is permitted in the public right of way in the DB District, provided that:
(1) A proposed scale drawing detailing the placement of seating, tables, fencing and access to a restroom facility is provided to the Board of Zoning Appeals, which will conduct a hearing and make a determination in accordance with Bucyrus Codified Ordinance 1149.
(2) All seating and fencing must be contained in the designated retail zone, identified as:
A. The area extending up to 6 feet from the exterior wall of the structure onto the sidewalk immediately adjacent to the exterior wall, and,
B. Within the property boundaries of the structure and does not exceed 95 feet in total length, and
C. Provided that an open and clear pedestrian zone of 48 inches (4 feet). Permanent City installed trash receptacles, light posts and any other feature are considered permanent obstructions that must be considered when determining the 48 inches unobstructed zone.
(3) All furniture and other items must be of commercial grade and designed for outdoor use, must be temporary and not permanently affixed. All furniture and fencing must be removed from the right of way during any downtown event where Sandusky Avenue is closed in whole or in part for more than 24 hours, or during any other prohibited period.
(4) Outdoor seating will only be permitted from April 1 through October 31 of each year. Liquor consumption is only permitted between the hours of 7 a.m. to 10 p.m. during the outdoor dining season. No outside liquor sales are permitted on Sunday.
(5) Fencing must be constructed of decorative metal, must be removable and a picture or sample of the proposed fencing must be provided to the Board of Zoning Appeals at the time of the conditional use hearing. No fence is required if the applicant will not have outdoor liquor sales.
(6) The business owner must provide proof of liability insurance in an amount not less than $1,000,000.00, listing the City of Bucyrus as an additional insured. The business must submit a Certificate of Insurance stating all policy limits and insureds no later than May 1st of each year,
(7) Permanent planters or floral displays must be approved by the City and placed within the Retail Zone set forth in subsection (2) above.
(8) All beverages and food served in the designated retail area pursuant to a conditional use outdoor dining permit, must be served in recyclable plastic containers that clearly indicate the business from which they were provided. Each business will be responsible for insuring that the designated retail area in front of their business remains free of trash and debris and that all beverage and food containers from the business are properly disposed of in appropriate recycling or trash containers.
(9) Upon petition by the Zoning Administrator the Board of Zoning Appeals may terminate the conditional use permit if; There are more than three disorderly conduct violations, alcohol or liquor violations, excessive noise violations or any other felony or misdemeanor violations, or any combination thereof, totaling more than three violations in the business or its outside dining area within any 12 month period, or if the business receives more than three warnings within a 12 month period for litter violations related to improper disposal of beverages or food serving items.
(Ord. 40-2017. Passed 8-15-17.)
1175.04 DEVELOPMENT STANDARDS.
(a) Lot Area. No minimum lot area is required.
(b) Lot Width. No minimum lot width is required.
(c) Setbacks. The distance between any building or structure and the right-of-way line of any public street shall be not greater than that of the most proximate building on the same side of the street. No minimum side yard setback shall be required, unless the building or structure is located adjacent to a district in which single-family residences are a permitted use, in which case the setback shall be twenty-five (25) feet.
(d) Maximum Building Size. Individual uses within the DB District shall have a usable floor area of not more than 7,000 square feet, unless the use is located in an existing building, in which case such restriction shall not apply.
(e) Parking and Loading. Uses involving new structures within the DB District shall be required to provide 20% of the number of parking spaces required in Section 1189.04
, provided at least one (1) parking space is provided for each employee during any one business shift. All such parking shall be provided in the rear of structures.
(f) Manufactured / Modular Buildings. The use of manufactured and/or modular buildings for business purposes shall be prohibited.
(g) Property Maintenance. No owner of a property or structure in the DB District shall by willful neglect, fail to provide sufficient and reasonable care, maintenance and upkeep to such property or structure. For the purposes of this Section, maintenance and upkeep shall include keeping exterior surfaces free from debris, garbage, noxious weeds and/or free from hazardous objects or conditions such as holes, broken concrete, broken glass, and dead or dying trees or vegetation.
(h) Trash and Garbage Control. All trash and garbage shall be stored in container systems which are located and enclosed so as to effectively screen them from view from the street on which the lot has frontage.
1179.01 PURPOSE.
The GI and LIC Districts are established to provide for a range of industrial as well as other employment-generating activity which may be industrial/commercial in nature. Two (2) separate industrial districts are established.
(a) GI - General Industrial District. This district provides areas where most industrial and industrial-related activities may locate. Non-industrial activities are limited and residential uses are prohibited. The district is primarily intended for areas which are undeveloped, having larger lots and irregular block patterns, but may also be utilized to encourage the adaptive reuse of existing older industrial areas.
(b) LIC - Limited Industrial / Commercial District. This district provides areas for a wider range of employment opportunities. The district allows for a more restricted range of industrial activities, but a wider range of office, business and retail uses. This district is particularly intended for areas having high exposure to expressways or other arterial highways.
1179.02 PERMITTED AND CONDITIONAL ACTIVITIES.
Permitted and conditional activities in each district are as shown on the following table. Descriptions and characteristics of activity categories listed are contained in Section 1179.03.
ACTIVITY | DISTRICT | |
GI | LIC | |
Industrial Categories | ||
Industrial Product Sales | P | C |
Industrial Service | P | C |
Manufacturing and Production | P | C |
Warehouse and Distribution | P | P |
Sales and Service Categories | ||
General Office Activities | C | P |
Personal Service | C | P |
Retail Product Sales and Service | C | P |
Vehicle Service | P | P |
Other Activities | ||
Radio/Television Broadcast Facility (including antenna) | P | C |
P = Permitted Activity
C = Conditional Activity
N = Not Permitted
(Ord. 7-2002. Passed 3-19-02; Ord. 13-2011. Passed 5-17-11.)
1179.03 ACTIVITY CATEGORIES FOR INDUSTRIAL DISTRICTS.
(a) Industrial Categories.
(1) Industrial product sales.
Characteristics. Firms are involved in the sale, rent or lease of products generally intended for industrial or commercial users. Sales may be wholesale or retail. Emphasis is on on-site sales or order taking and may include display areas. Products may be delivered to the customer.
Accessory Activities. Accessory activities may include administrative offices, product repair, and warehouses.
Examples. Industrial Product Sales activities may include: sale of machinery and equipment, special trade tools, electrical supplies, janitorial supplies, restaurant equipment, office furniture, and store fixtures. Industrial Product Sales also include industrial equipment and vehicle rentals.
Exceptions. Firms that primarily engage in retail sales to the general public are classified as Retail Product Sales and Service.
(2) Industrial service.
Characteristics. Firms are engaged in the repair or servicing of industrial, business or consumer machinery, equipment or products. Few customers, especially the general public, come to the site.
Accessory Activities. Accessory activities may include administrative offices.
Examples. Industrial Service activities may include welding shops; machine shops; tool and appliance repair; electric motor repair; truck and large equipment repair, storage and salvage; headquarters for building, heating, plumbing or electrical contractors; printing, publishing and blueprinting; janitorial and building maintenance services; medical, research and testing laboratories; laundry, dry-cleaning, and carpet cleaning plants; and photofinishing laboratories.
(3) Manufacturing and production.
Characteristics. Firms are involved in the manufacturing, processing, fabrication, packaging, or assembly of goods. Raw, secondary, or partially completed materials may be used. Products may be finished or semi-finished and are generally made for the wholesale market, for transfer to other plants, or to order for firms or consumers. Goods are generally not displayed or sold on-site. Relatively few customers come to the manufacturing site.
Accessory Activities. Accessory activities may include: administrative offices, cafeterias, employee recreational facilities, warehouse, storage yards, outlets, and caretaker's quarters. Retail outlet as an accessory to manufacturing plants shall be treated as Retail Product Sales and Service.
Exceptions. Manufacturing of goods to be sold primarily on-site and to the general public are classified in the Retail Product Sales and Service category.
(4) Warehouse and distribution.
Characteristics. Firms are involved in the movement, storage and/or sales of goods for themselves or other firms. Goods are generally delivered to other firms or the final consumer. The category includes wholesale sales which are not open to the general public and where on-site sales are low.
Accessory Activities. Accessory activities may include: administrative offices, truck fleet parking and maintenance areas, repackaging of goods, and showrooms or display areas, but generally not for direct sale.
Examples. Warehouse and Distribution firms may include: warehouse used by retails stores such as furniture and appliance stores; food and hardware distributors; household moving and general freight storage; distribution of industrial items; building materials, plumbing and electrical distributors; truck terminals; parcel services; major post offices; mail order houses; and public mini-warehouses.
(b) Sales and Service Categories.
(1) General office activities.
Characteristics. Firms where activities are conducted in an office setting and generally focus on business or personal services. If the office activity is part of a larger firm, it does not need to be on the same site as the primary activity. Most people coming to the site are employees.
Accessory Activities. Accessory uses may include: cafeterias, health facilities, or other amenities primarily for the use of employees in the firm or building.
Examples. Examples include professional services such as lawyers, accountants, engineers, or architects; financial businesses such as brokerage houses, lenders, or realtors; data-processing; sales offices; industrial or commercial company headquarters when not adjacent with other portions of the firm; and government offices.
(2) Personal service.
Characteristics. These establishments provide on-site personal services or entertainment to the general public or business person.
Accessory Activities. Accessory uses may include: administrative offices, product sales and laboratories.
Examples. Examples include barbers, hair salons and personal care services; banks, savings and loans, and credit unions; continuous entertainment activities such as arcades, bowling alleys, ice rinks, libraries, and museums; cafes, restaurants, bars, and taverns, day care facilities; laundromats; business and trade schools; dance and martial arts schools; health clubs, gyms, racquet centers, membership clubs, and lodges; medical related offices such as doctors, dentists, optometrists and veterinarians; public service agencies such as employment offices, social service agencies, and permit issuing offices.
(3) Retail product sales and service.
Characteristics. Firms are involved in the sale, lease or rent of used products or goods to the general public and/or provide on-site product repair or services for consumer and business goods. Goods are displayed and sold on-site, and use or consumption is primarily off-site. Goods are generally taken off-site by the customer at the time of sale or may be delivered by the firm. For items being serviced, customers generally deliver and pick up the items and spend little time at the site.
Accessory Activities. Accessory uses may include: offices, storage and display of goods.
Examples. Examples include: stores selling apparel, housewares, furniture, hardware, auto parts, flowers, personal care items, sporting goods, office products and machines, and computers; food, produce or meat markets; deli catessens and caterers; tool rental and household moving centers; sales of cars, motorcycles, boats, and recreational vehicles; repair of TVs, appliances, shoes, precision instruments, and business machines; laundry or dry cleaning drop-off; on-site laundries; photo drop-off; quick printing or reproducing; tailors; locksmiths; upholsterers; and furniture refinishing.
Exceptions.
A. Lumber yards and similar building material sales which sell primarily to contractors and do not have a retail orientation are classified in the Industrial Product Sales category.
B. Repair and service of consumer vehicles is classified in the Vehicle Service category. Repair of motor vehicles in conjunction with vehicle sales is classified in the Vehicle Service category.
C. Repair and service of industrial vehicles and equipment is classified in the Industrial Service category.
(4) Vehicle services.
Characteristics. Firms servicing automobiles, light trucks and other consumer vehicles such as motorcycles, boats and recreational vehicles.
Accessory Activities. Accessory uses may include offices and sales of parts.
Examples. Examples may include gas stations, vehicle repair, auto body shop, alignment shop, auto upholstery shop, tire sales and mounting, towing and vehicle storage; and surface or garage fee parking.
(c) Other Activity Categories.
(1) Radio or television antennae or broadcast facility.
Characteristics. Any and all devices, equipment, machinery, structures or supporting elements necessary to produce or receive non-ionizing electromagnetic radiation within the range of frequencies from 100 KHz to 300 KHz and operating as a separate unit to produce a signal or message.
1179.04 LOT AND YARD REQUIREMENTS.
(a) Minimum Lot Area. No minimum lot area is required in the GI or LIC Districts, however, lot area shall be sufficient to provide for all yards and distances as required by this Ordinance. Antennae, towers or similar structures as provided for in Section 1179.03
(c), shall be required to have a “clear area” around the structure not less than 100% of the height of the antenna or tower.
(b) Lot Width. All lots shall abut a public or private street and have adequate lot width to provide for yards and distances as required by this Ordinance.
(c) Side Yards. For any structure or service area within the GI or LIC Districts, the required side yard shall be not less than twenty-five (25) feet from any interior lot line.
(d) Rear Yards. For any structure or service area within the GI or LIC Districts, the required rear yard shall not be less than twenty-five (25) feet from any interior lot line.
(e) Maximum Lot Coverage. For structures and paved areas within the GI or LIC Districts, the maximum lot coverage shall be 90%. The remainder of the site shall be maintained or landscaped in natural vegetation.
(f) Distance from Residential Districts.
(1) For any land annexed to the City after the effective date of this Ordinance which is zoned into the GI District, no structure, service area or parking area shall be located less than 500 feet from any district where residences are a permitted use.
(2) For any land within the City as of the effective date of this Ordinance which is located in the GI district, no structure, service area or parking area shall be located less than 200 feet from any district whose residences are a permitted use.
(3) In no case shall any structure, service area or parking area in any LIC District be located less than 200 feet from any district where residences are a permitted use.
(4) In older developed areas of the City where existing platted lots within one (1) block of the subject property average less than seventy-five (75) feet in width, and industrial or business uses are located in close proximity to existing residences, the provisions of subsection (f)(1) through (3) above shall not apply. In such cases, the front, side and rear yards for such industrial and/or business uses shall not be less than the front, side and rear yards as specified for those residences.
1179.05 EXTERIOR DEVELOPMENT.
(a) Exterior Operations. Exterior Operations include: outdoor processing, assembly or fabrication of goods; movement of bulk goods not in containers or pipelines; maintenance, repair and salvage of equipment. Exterior operations shall not be permitted in the LIC District, but shall be permitted in the GI District.
(b) Exterior Storage. Exterior Storage includes the outdoor storage of: raw or finished goods (packaged or bulk) including gases, chemicals, gravel, building materials; packing materials; salvage goods; machinery; equipment; damaged vehicles, etc. Exterior storage shall be permitted in the GI District but not permitted in the LIC Districts, unless an acceptable plan for screening such storage is submitted to and approved by the Planning and Zoning Commission.
(c) Exterior Display. Exterior Display includes the display of products, vehicles, equipment and machinery for sale or lease. Display items are intended to be viewed by customers and are not just being stored or parked. Exterior display does not include damaged vehicles, vehicles or equipment being serviced, bulk goods and materials, or other such products. Exterior display shall not be permitted in the GI District but shall be permitted in the LIC District.
1179.06 OFF-SITE IMPACTS.
No land or structure in the GI or LIC Districts shall be used or occupied in such a manner so as to create any dangerous, injurious, noxious or otherwise objectionable impact on any land which is located in any other zoning district. Such impacts may result from noise, vibration, odor, smoke or dust, or glare. Statements in writing that such uses comply or will comply with such uses may be required by the Planning Commission from the owner. In cases of doubt, the City shall select and arrange for an independent survey by a professional engineer qualified in the particular field and the costs for such service shall be paid by the applicant.
(a) Noise. The sound pressure level of any operation on a lot within the GI or LIC Dis tricts shall not exceed the average intensity of street traffic noise in the nearest residential districts, and no sound shall be objectionable due to intermittence, best frequency or shrillness.
(b) Vibration. No vibrations which are perceptible without the aid of instruments shall be permitted, as measured on the lot within the non-industrial district.
(c) Odor. No emission of odorous matter in any quantities so as to produce a public nui sance shall be permitted, as measured on the lot within the non-industrial district.
(d) Dust and Smoke. The emission of smoke, soot, fly ash, fumes, dust or other types of pollutants borne by the wind shall be controlled so that the rate of emission and quantity deposited do not create a public nuisance, as measured on the lot within the non-industrial district.
(e) Glare. Exterior lighting shall be used in a manner that produces no glare on public highways or non-industrial zoned land.
1181.01 PURPOSE.
“Special Use" means facilities listed as main and accessory buildings and/or uses in Section 1181.02. The SU District and regulations are established in order to achieve the following purposes:
(a) To regulate the location and standards for development of such facilities so as to ensure their proper functioning in consideration of traffic, access, and general compatibility.
(b) To protect listed facilities and uses from the encroachment of particular incompatible uses and to promote their compatibility with adjoining residential uses.
1181.02 PERMITTED USES.
Specific buildings and parcels of land within the SU District shall be utilized only for particular uses set forth in the following schedule:
MAIN BUILDINGS/USES | ACCESSORY BUILDINGS/USES |
Educational: Primary and secondary public, private or parochial schools, nursery schools, Colleges or universities. | Parking areas, playgrounds, signs. |
Health Care: General and special hospital and clinics, convalescent centers, institutions for care of children or senior citizens. | Parking areas, signs |
Public Assembly:Places for public worship or similar places of assembly with a seating capacity of 1,000 or more persons in the main area. | Parking areas, signs |
Recreational: Private parks, recreational playgrounds, lakes, golf courses, swimming pools, and similar open space facilities, not including facilities developed for private use by occupants of residential premises. | Parking areas, clubhouses, administrative and maintenance structures, signs |
Outdoor Entertainment: Amphitheatres, stadiums, racetracks, and similar outdoor facilities. | Parking areas, maintenance structures, signs. |
Planned Unit Development: Single parcels of land on which a variety of uses, housing types and/or densities are accommodated in a planned environment. | Parking areas, signs. |
1181.03 LOT AND AREA REGULATIONS.
The area or parcel of land for a permitted use shall not be less than that required to provide a site adequate for the main and accessory buildings, off-street parking and other accessory buildings, off-street parking and other accessory uses, set backs, yards and open spaces to accommodate the facility and maintain the character of the neighborhood. The specific size of an area or parcel of land required for a special use shall be approved by the Planning Commission at the time of zoning, pursuant to Section 1181.05.
1181.04 YARD REGULATIONS.
(a) Front Yards. The front yard setback shall be not less than the largest required front yard setback for any adjacent zoning district.
(b) Side and Rear Yards. The yards for each special use building shall be not less than the criteria set forth in the following schedule when adjacent to any district where residences are a permitted use.
MAIN BUILDINGS AND USES | MINIMUM SIDE & REAR YARD (FT) |
Educational: Public, private and parochial schools | 75 |
Health Care: Buildings | 75 |
Public Assembly: Buildings | 75 |
Open Space Recreation: Buildings | 75 |
Outdoor Entertainment: | (to be determined by Planning Commission on a case-by-case basis) |
Planned Unit Development: | (to be determined by Planning Commission on a case-by-case basis) |
(c) Driveways, Parking Areas, Play Areas. Driveways and parking areas serving the special use may be located within the side or rear yard set forth in the above schedule but driveways shall be located not less than ten (10) feet and parking areas not less than twenty (20) feet from adjacent lot line, and play areas shall not be located less than fifty feet from any adjacent district where residences are a permitted use.
1181.05 APPROVAL BY PLANNING COMMISSION.
In addition to the material required for the application for a zoning amendment, as specified in Section 1145.03, a Development Plan shall be submitted for land proposed to be zoned into the SU District. Such Development Plan shall include a site plan for the proposed public facility, as well as any other information deemed necessary to determine compliance with this Ordinance. Such Development Plan shall be reviewed by the Planning Commission and considered in making its recommendation to City Council. Criteria for reviewing a Development Plan for a Special Use shall include the following:
(a) The proposed building or use shall be located properly in accordance with this chapter.
(b) The proposed public facility shall be located on a major arterial or collector street as shown on the Thoroughfare Plan, so as to generate a minimum of traffic on local streets. Playgrounds or parks intended for neighborhood use may, however, be located on local streets.
(c) The location, design and operation of the facility shall be so designed to alleviate if possible, or minimize if not possible, adverse impacts on surrounding residential neighborhoods.
1181.06 ACTION BY CITY COUNCIL.
In approving the redistricting of land into the SU District, City Council may specify appropriate conditions and safeguards applying to the specific proposed facility.
1181.07 COMPLIANCE WITH DEVELOPMENT PLAN.
The construction of all buildings and the development of the site within the SU District shall be in conformity and compliance with the approved Development Plan.
1183.01 PURPOSE.
It is the intent of the Flood Plain Overlay District (FP) to regulate the use of floodplains for purposes which could be detrimental to health and welfare for citizens of the City. The FP District is an overlay zoning district. This means that the underlying district standards and requirements shall apply in addition to the Flood Plain Overlay District (FP) regulations and requirements.
1183.02 LANDS SUBJECT TO FLOODING.
For the purpose of this Ordinance, “flood plains” are defined as those lands subject to inundation by the 100-year flood. Such areas shall be as identified by the Federal Emergency Management Agency (FEMA) in a scientific and engineering report entitled Flood Insurance Study for the City of Bucyrus, with accompanying on Flood Insurance Rate Maps dated July 3, 1986, and any amendments or revisions thereto.
1183.03 DEVELOPMENT STANDARDS.
The standards, requirements and administrative procedures for development of land within the FP District shall be as stated in Chapter 1321 of the Codified Ordinances of the City of Bucyrus, Ohio, as amended, and as specified in the underlying zoning district.