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Campbell City Zoning Code

TITLE ONE

Subdivision Regulations

1101.01 PURPOSE.

   The purposes of these regulations are those of assuring sites suitable for building purposes and human habitation, of providing for the harmonious development of the City, of providing adequate open spaces for traffic, recreation, light and air, and of providing proper distribution of population; in order to create conditions favorable to the health, safety, morals, and the general welfare of the citizens.
(Ord. 62-5165. Passed 4-24-62.)

1101.02 TITLE.

   The official name of these regulations shall be known as the City of Campbell Subdivision Regulations.
(Ord. 62-5165. Passed 4-24-62.)
 

1101.03 DEFINITIONS.

   Unless otherwise stated, the following terms shall, for the purpose of these regulations, have the meaning indicated.
   Words in the singular include the plural, and words in the plural include the singular. The word "persons" includes a corporation, or unincorporated association and the word "building" includes " structure" and shall be construed as if followed by the words "or part thereof". The word "street" includes "road", "highway", and "lane"; and "water-course" includes "drain", "ditch", and/or "stream. "
   (a)   "Alley" means a public thoroughfare having a right of way of not less than twenty feet, and serving the rear of two or more properties.
   (b)   "Commission". The word "Commission" or the words “City Planning Commission” shall mean the Campbell City Planning Commission.
   (c)   "City Engineer" means the Campbell City Engineer or his authorized representative.
   (d)   " Block" means a parcel of land bounded on all sides by a street or streets.
   (e)   "Building setback line " means a line indicating the minimum horizontal distance between the street right-of-way line and building or buildings or any projection thereof other than steps or unenclosed porches.
   (f)   "Crosswalk" means a right-of-way, municipally or privately owned, which cuts across a block to furnish access for pedestrians to adjacent streets or properties.
   (g)   "Cul-de-sac "means a short minor street having one end open to motor traffic, the other end being permanently terminated by a vehicular turn around having an outside radius of not less than fifty feet.
   (h)   "Easement" means a right granted, by the owner to a person or the general public, for the use of certain land for a special purpose.
   (i)   "Engineer" means a registered engineer authorized to practice civil engineering as defined by the Registration Act of Ohio.
   (j)   "Surveyor" means a registered surveyor, as defined by the Registration Act of the State of Ohio.
   (k)   "Final plat" means a plan prepared for recording by a registered engineer or surveyor.
   (l)   "Frontage" means the width of a lot at the building line.
   (m)   "Improvements" means those physical changes to the land necessary to produce useable and desirable lots from raw acreage including grading, pavement, curb, gutter, storm sewers and drains, and betterments to the existing water-courses, sidewalks, street signs, crosswalks, shade trees, sodding, or seeding, street name signs, and monuments.
   (n)   "Lot" means a parcel of land intended for transfer of ownership or building development, having its full frontage on a public street.
   (o)   "Corner lot" means a lot abutting upon two or more streets at their intersection.
   (p)   "Lot depth" means the main horizontal distance between the front and rear lines of a lot.
   (q)   "Lot double frontage" means a lot with opposite ends abutting on streets.
   (r)   "Official thoroughfare plan" means the official thoroughfare plan of Campbell, Ohio, establishing the official right-of-way width of major streets adopted by Council, in accordance with state law together with all amendments thereto subsequently adopted.
   (s)   “Preliminary plat” means a plan prepared by a registered engineer or surveyor and showing existing features of the land and proposed street or streets, utility and lot lay out, including topography, within a subdivision.
   (t)   "Right-of-way" means the width between property lines of a street, alley, crosswalk or easement.
   (u)   " Street" means a public thoroughfare having a right-of-way width of not less than fifty feet.
   (v)   "Subdivision" means the division of a parcel or tract of land, or a part thereof, into two or more lots, including changes in street lines, lot lines, for the purposes whether immediate or future, of transfer of ownership or building developments. (Ord. 62-5165. Passed 4-24-62.)

1105.01 SUBDIVISION REQUIREMENTS.

   (a)   In planning and developing a subdivision the subdivider or his agent shall comply with the general principles and requirements set forth in these regulations, and in every case shall pursue the procedure outlined in this Zoning Ordinance, with the following exception:
   (b)   In a subdivision consisting of two or three lots only, where there has been no previous subdivision of the property, and where the Planning Commission determines there is no need involved for present or future streets or the widening of existing streets, the requirements for topographic, street, utility, and storm drainage information may be waived in whole or in part by the Planning Commission. Approval of the preliminary and final plat in such instances may be concurrent. (Ord. 62-5165. Passed 4-24-62.)

1105.02 PRE-APPLICATION PROCEDURE.

   The subdivider shall meet with the Planning Commission or its designated representative, prior to formal application, to discuss his plans and shall prepare suitable sketches and plans sufficient to give a general understanding of his proposal in order that general agreement may be reached before any investment or commitment is made on land planning.
(Ord. 62-5165. Passed 4-24-62.)

1105.03 APPROVAL OF PRELIMINARY PLAT.

   (a)   Application. On reaching conclusions as recommended above, regarding general program and objectives, the subdivider shall prepare and submit a preliminary plat (as specified in Sections 1117.01 and 1117.02) which shall cover the entire tract of land to be subdivided to the Planning Commission at least ten days prior to the meeting at which it is to be considered.
   (b)    Notification of Adjacent Landowners. The subdivider shall provide, according to the latest available tax lists, the names and addresses of the owners of adjacent parcels of land to the proposed subdivision, one acre or larger in size. The Planning Commission shall notify such owners of the proposed subdivision and of the meeting at which said application will be considered.
   (c)   Review. The Planning Commission shall review the preliminary plat and other materials submitted covering the requirements of their regulations point by point and shall consult with the City Engineer and any other department officials concerned. Owners of adjoining land shall be given an opportunity to discuss the subdivision, as it affects their properties.
   (d)    Action. Within thirty days of submission or resubmission, the Planning Commission shall act thereon as submitted, stating its approval, conditional approval (giving conditions) or disapproval (giving reasons).
   In cases of approval or conditional approval, the Planning Commission shall inform subdivider in writing, of its decision.
   (e)   Nature of Approval. Approval of a preliminary plat shall not constitute approval of the final plat, but rather an expression of approval of the layout submitted in the preliminary plat as a guide to the preparation of the final plat, which will be submitted for the approval of the Planning Commission upon fulfillment of the requirements of these regulations.
(Ord. 62-5165. Passed 4-24-62.)

1105.04 APPROVAL OF FINAL PLAT.

   (a)   Application. Upon completion of the modifications required by the Planning Commission and the subdivider's petition of the City to continue improvements or the posting of an acceptable surety, the subdivider may apply for approval of the final subdivision plat. Such applications shall be made within eighteen months after approval of the preliminary plat, otherwise such approval shall become null and void unless an extension of time is granted by the Planning Commission. Application for approval of the final plat shall be submitted at least ten days prior to the meeting at which it is to be considered. Drawings and information accompanying such applications shall be as described in Sections 1117.03 and 1117.04 .
   (b)   Review. 
      (1)    Plat. The Planning Commission shall review the final plat for conformance with the approved or conditionally approved preliminary plat, and all other requirements of these rules and regulations.
      (2)    Improvements. The subdivider shall petition the City to continue such improvements as are available or required by the Planning Commission to and throughout the subdivision being considered, and shall include at the time of application of the final plat, the original petition for such improvement or a certified copy thereof.
         A.   Performance bond. Alternately the subdivider may file with the Planning Commission, a performance bond, equal to the total cost of completion of all the improvements as agreed upon or required by the Planning Commission.
         B.   Fixed fee. A fixed fee covering the cost of inspection during the construction of improvements by the City Engineer or his representative or any other municipal authority having jurisdiction over local streets or publicly owned utilities.
   (c)   Action. Within thirty days of filing of complete information required for approval of the final plat, the Planning Commission shall approve or disapprove such plat, stating in writing, its reasons for disapproval.
   (d)   Filing. After approval, the subdivider shall file the final plat with the recorder of deeds of Mahoning County within ninety days. Should the subdivider fail to record the final plat within such period of time, the approval of the Commission shall become null and void. The final plat may constitute only such portions of the preliminary plat which the developer proposes to develop and record, provided however, such portions conform to all the requirements of these regulations and has Planning Commission approval. (Ord. 62-5165. Passed 4-24-62.)

1109.01 STREET SYSTEM.

   (a)   General requirements.  
      (1)   The street layout shall be logically related to the topography of the land, especially with relations to grades and runoff. Streets shall generally be located away from water-courses, unless storm sewers are to be provided.
      (2)   Proposed streets shall provide for appropriate continuation or completion of any existing streets that extend to the adjoining property unless otherwise recommended by the Planning Commission. The streets should be so planned as to discourage thru traffic and should intersect as nearly at right angles as possible. Suitable street openings should provide for the subdivision of adjacent land.
      (3)    Center lines of street openings into opposite sides of another street should intersect or have a minimum distance of 150 feet between center lines.
      (4)    A.   Intersecting local and secondary streets should be a minimum of 1,200 feet apart when emptying into a major thoroughfare.
         B.   Intersections involving the junction of more than four streets, shall be avoided.
      (5)    Cul-de-sac streets shall ordinarily have a maximum length of 600 feet unless for topography or other factors justify a greater distance. Such streets shall be provided with a turn around having a minimum radius of fifty feet and a curb radius of forty feet.
      (6)    Street corners shall be rounded with a radius of twenty-five feet at the property lines. Curbs at intersections shall be rounded with a radius of twenty-five feet, measured from the face of curb. If an intersection occurs at an angle other than right angle, it shall be rounded, at the property line and curb line, with a curve of a radius acceptable to the Planning Commission.
      (7)    Any roads, temporarily dead ended because of development stages or undeveloped adjacent property shall be provided with a temporary suitable all weather turn around and shall be removed at such time as the road is extended.
   (b)    Street Alignment. 
      (1)    The minimum radius at the center line for horizontal curves shall be: primary streets, 500 feet, secondary streets, 300 feet and local residential streets, 150 feet.
      (2)   The tangential distances between reverse curves shall be at least 300 feet for a primary street, 200 feet for a secondary street and 100 feet for a local residential street.
      (3)    Sight distance should be provided in both horizontal and vertical alignment and shall be at least 400 feet for primary streets, 200 feet for secondary streets and 100 feet for local residential streets.
      (4)   There shall be a minimum grade of at least five-tenths of one percent on all streets and a maximum grade of six percent on all local streets.
   (c)    Street Width. Street right-of-way widths and curb widths shall be as shown on existing City plans and where not shown, shall not be less than as follows:
 
Type of Street
Nature of Development
Pavement
Width
Right-of-way
Local
Single family area
27'
50'
 
Two or more family areas
27'
50' or 60'
 
Commercial or industrial
32'
50' or 60'
Secondary
Single family area
27'
60'
 
Two or more family areas
32'
60' or 70'
Primary
All types of development
27'
minimum or
with state aid
48' (divided)
100' minimum
or as determined
by state
      (1)    Primary highways may have limited access provision as the state highway department may require and shall have Planning Commission approval.
      (2)    Additional widths may be required by the Planning Commission if required for parking in commercial or multi-family residential areas.
      (3)   Private streets shall not be approved, nor shall public improvements be approved or petitioned for on any private street.
      (4)    Dedication of half streets shall be discouraged unless it is a requirement of an official street map.
      (5)    Reserve strips set up by the subdivider which may prevent access through a subdivision to an adjacent tract shall be prohibited.
   (d)   Limited Access. Whenever primary streets are designated as "limited access" on the official City map, the subdivision layout shall be designated so as to limit access to a service drive paralleling the private street or front on an adjacent parallel local street with no access rights on the primary street.
   (e)   Street Names. The developer may name streets; except there shall be no duplication unless streets are continuations of existing streets. All new streets shall be named as follows:
 
General Direction
Suffix
North and south
Streets or places
East and west
Avenues
Diagonal
Roads or ways
Curving
Drives, lanes, or circles
 
   (f)   Street Trees. Street trees may be planted by the subdivider in cooperation with the City Engineer and where deemed necessary by the Planning Commission.
   (g)    Street Cross Section, Curbing, Base Course, Paving Standards.
      (1)    All street cross sections for local and secondary streets shall be according to the design of the City Engineer and approved by the Planning Commission.
      (2)   Primary street cross sections shall be designed by the City Engineer and approved by the Planning Commission, or as approved by the State Highway Department where such department is participating with financial aid.
      (3)    All details of the cross section including crown, curb, pavement, and sub grades, shall be determined by the City Engineer.
      (4)    Curbing shall be planned whenever required by Planning Commission on the advice of the City Engineer.
         (Ord. 62-5165. Passed 4-24-62.)

1109.02 SIDEWALKS.

   Sidewalks shall be planned wherever the Planning Commission determines that the potential volume of pedestrian traffic or safety considerations require. Sidewalks shall ordinarily be required in all subdivisions within a one-half mile radius of a school.
   (a)   Location. Sidewalks where provided shall be within the right-of-way and ordinarily within one foot from the edge thereof. Sidewalks shall ordinarily align with walks in adjacent subdivisions.
   (b)   General Design. Sidewalks shall have a five foot minimum width, four inch minimum thickness, and shall be six inches thick at driveway crossings.
      (Ord. 62-5165. Passed 4-24-62.)

1109.03 LOTS.

   (a)    Size and Width of Lots. 
      (1)    Proportions. Where practical, the depth of a lot shall ordinarily be two and one-half times the width, but shall not exceed five times the width .
      (2)    Minimum lot size and width. Minimum lot size and width shall be controlled by the provisions of the Zoning Ordinance or the following minimums whichever is greater:
         A.   Central water and sewer.
 
Single family detached dwelling
50' front
6000 sq. ft.
Two family dwelling    
50' front
6000 sq. ft.
 
   Any lot containing more than two family units shall be increased in frontage by five feet and in area by 2,000 square feet for each additional unit more than two.
         B.   Water or sewer provided on the lot. When either the water supply or the sewage disposal is provided on the lot, the lot area for single family dwellings shall be not less than 15,000 square feet and have a width of not less than seventy-five feet.
         C.   Water and sewer provided on the lot. Where both water supply and sewage disposal are provided on the lot, the lot area for single family dwellings shall be not less than 20,000 square feet and have a width of not less than 100 feet.
         D.   In areas where sewage disposal or water supply, or both, is provided on the lot and more than one family unit is proposed the lot shall be increased in frontage by ten feet and in area by 5,000 square feet for each unit more than one.
   (b)   Location. All lots shall abut by their full frontage on a publicly dedicated street or a street that has received the legal status as such. Lots abutting on private streets or easements shall not be approved.
   (c)   Corner Lots. All corner lots shall have a minimum frontage of seventy-five feet measured at the building line.
   (d)   Double Frontage Lots. Lots fronting on two streets, other than corner lots shall ordinarily be prohibited.
   (e)   Side Lot Lines. Side lot lines shall normally be approximately at right angles or radial to the street line.
   (f)    Length of Blocks. 
      (1)    A block shall be so designed as to provide two tiers of lots. A block shall not ordinarily exceed 1,400 feet in length or shall not be less than 500 feet in length. Where lot frontages are 100 feet or greater, the maximum block length shall not exceed 1,800 feet.
      (2)    In large blocks with interior parks, in exceptionally long blocks, at bus stops, or where access to a school or shopping center, is necessary, a crosswalk with a minimum right-of-way of twelve feet and a paved walk six feet in width shall be provided.
         (Ord. 62-5165. Passed 4-24-62.)

1109.04 STORM DRAINAGE.

   Adequate provisions shall be made for the disposal of storm water in accordance with the requirements of the City Engineer and Planning Commission.
   (a)   General Design. 
      (1)    Preferred runoff pattern. The design of streets for storm drainage shall be such that runoff from roofs, driveways and other impervious areas, will be toward the street, collected along curbs and gutters of the street in short runs (maximum 400 feet), and then be directed from the street surface into storm sewers or natural watercourses.
      (2)    Sewers. Storm sewers shall ordinarily be required and the design must meet the requirements of the City Engineer. The minimum pipe size will be twelve inches.
      (3)    Location. Storm drains shall be located according to the specifications of the City Engineer.
      (4)    Manholes. Manholes shall be a maximum of 300 feet apart in pipe size up to twenty-four inches; and a maximum of 450 feet apart on pipes larger than twenty-four inches. The design must be approved by the City Engineer.
   (b)   Open Water Courses. The use of open water courses shall be determined by the Planning Commission on the advice of the City Engineer.
      (1)    Where a subdivision is traversed by a water course, channel, stream, or creek, the subdivider shall dedicate a right-of-way, or provide sufficient easement, construction, or both, to dispose of surface or storm waters. Such improvement shall be in accordance with the requirements of the City Engineer.
         A.   Broad, shallow courses shall be created to prevent steep banks, erosion, and to allow for motorized equipment to work the channel or water course.
         B.   The Planning Commission shall require seeding, sodding, planting, riprap or other measures which will add to the beauty of the area and prevent scouring.
            (Ord. 62-5165. Passed 4-24-62.)

1109.05 BUILDING LINES, UTILITY EASEMENTS, ALLEYS.

   (a)   Building Lines. The building setback line shall be not less than as required in the Zoning Ordinance.
   (b)   Utility Easements. If easements are utilized for extension of public utilities they have a minimum width of ten feet for necessary access to the utility involved.
   (c)   Alleys. Alleys shall generally be prohibited in residential developments. In commercial or industrial districts without designed loading areas, alleys with a minimum width of twenty feet shall be required, and shall be at no time dead end.
(Ord. 62-5165. Passed 4-24-62.)

1109.06 DEDICATION AND RESERVATION FOR PUBLIC USE.

   The Zoning and Planning Commission shall give consideration to suitable sites for schools, parks, playgrounds, and other common areas for public use so as to conform with a plan for the City. Any provision for schools, parks, and playgrounds, should be indicated on the preliminary plan that in order that it may be determined when and in what manner such areas will be dedicated to or acquired by the proper agency. (Ord. 62-5165. Passed 4-24-62.)

1109.07 SEWER FACILITIES.

   Where public sewer is available or definitely planned, sanitary sewers shall be designed to provide a connection for each lot.
   (a)   Sewer extensions or sewers connecting to public systems shall be designed according to the specifications and standards of or by the City Engineer.
   (b)    No storm water shall be allowed to enter sanitary sewers and no combination sewers will be approved by the City Engineer.
   (c)    Sewer extensions or connections shall not be submitted without approval of the Ohio State Health Department, where a sewage disposal system (septic tank) is planned on individual lots, general location of each septic tank shall be shown on the plat and approval shall be indicated on the plat by the local health officer.
      (Ord. 62-5165. Passed 4-24-62.)

1109.08 WATER SUPPLY.

   (a)    Where public or approved central water supply is available a system shall be designed so as to furnish an adequate supply of water to each lot and provide main sizes and fire hydrant locations to meet the Association of Fire Underwriters specifications for a protected area.
   (b)   Water line extensions and design shall be approved and certified by the City Engineer.
   (c)    Where an individual water supply (well) is planned on individual lots, the developer shall provide at least one test well for each unit of ten wells or less with the location of such wells to be approved and certified by a state or local health officer.
(Ord. 62-5165. Passed 4-24-62.)

1113.01 GENERAL.

   (a)   Minimum Requirements. The minimum improvements which the subdivider shall petition for or enter into agreement to provide for, shall be as prescribed by the foregoing provisions. All of these improvements shall be completed in full compliance with specifications for each of the various units as required or as designed by the City Engineer.
   (b)   By Petition. All improvements, including street construction (curbs, pavement and gutters), sewer and water line extensions, storm sewer construction and sidewalks (if required) shall ordinarily be petitioned for by the subdivider and shall be constructed in accordance with the plans and specifications as prepared by the City Engineer.
   (c)    Exception. In cases where the subdivider plans to extend improvements, he must have completed the following:
      (1)    Construction drawings for all improvements agreed upon or required by the Planning Commission must be in compliance with the standards and specifications of the City Engineer and approval and certification indicated on such drawings.
      (2)    A performance bond shall be placed on file with the Planning Commission equal to the total cost of completion of all the improvements as agreed upon or required by the Planning Commission.
      (3)    A fixed fee shall be placed on file with the auditor, covering the entire cost of inspection by the City Engineer or his representative or any other municipal authority having jurisdiction over local streets or publicly owned utilities to insure proper construction.
         (Ord. 62-5165. Passed 4-24-62.)

1113.02 SURVEY MONUMENTS.

   (a)   Installation.
      (1)    A complete survey shall be made by a registered engineer or surveyor and all monuments shown in the final plat shall be installed by a registered engineer or surveyor.
      (2)    The traverse of the exterior boundaries of the tract shall close within a limit of error of one foot to 10,000 (.0001).
      (3)   Permanent reference monuments made of stone or concrete with suitable center point shall be located and placed on street intersections within the subdivisions and the cost shall be included in the cost of street improvements. If said monuments have not been set when the plat is accepted there shall be deposited with the Planning Commission, made payable to the City of Campbell a certified check in amount determined by the engineer of the planning, to cover the cost of setting said monuments the amount of which check will be returned after said monuments have been set. Unless said monuments have been set within two years of acceptance of the plat the engineer will cause the monuments to be set with the proceeds of said deposits.
      (4)    There shall be iron pin monuments, three-fourths inch in diameter and thirty inches long, placed at all lot corners and changes in directions by a registered engineer or surveyor prior to sale of any lots within the subdivision.
   (b)    Certification. Installation of required monuments and pins shall be certified by a registered engineer or surveyor.
(Ord. 62-5165. Passed 4-24-62.)

1113.03 STORM DRAINAGE.

   (a)    Installation. Storm sewers and other drainage facilities such as gutters, inlets, and any other drainage facilities as required by the Planning Commission on the advice of the City Engineer shall be installed in accordance with the standards and specifications of/or designed by the City Engineer.
   (b)   Erosion Control. All unpaved water courses shall be seeded, sodded, or rip rapped as the City Engineer may require to prevent erosion.
   (c)   Inspection. All drainage facilities shall be inspected and certified by the City Engineer.
(Ord. 62-5165. Passed 4-24-62.)

1113.04 SANITARY SEWER FACILITIES.

   (a)   Installation. Sewage facilities shall be installed in accordance with the standards and specifications of/or as designed by the City Engineer.
   (b)   Inspection. All sewage facilities shall be inspected and certified by the City Engineer.
   (c)   Individual Sewage Disposals. Septic tanks shall be inspected and certified by the local health officer.
(Ord. 62-5165. Passed 4-24-62.)

1113.05 WATER AND HYDRANT.

   (a)   Installation. All water mains, lines, and fire hydrants shall be installed in accordance with the standards and specifications of/or as designed by the City Engineer.
   (b)   Inspection. Installation of water facilities shall be inspected by City Engineer.
   (c)   Individual Wells. Wells, after drilling shall be certified as to quality and quantity of water by the local health officer.
(Ord. 62-5165. Passed 4-24-62.)

1113.06 STREETS.

   (a)   All streets, including grading, base and surface course curbs, gutters shall be installed in accordance with the standards and specifications of/or as designed by the City Engineer.
   (b)   All phases of construction including grading, rolling and application of base courses, application of finished surface and curb construction shall be inspected by the City Engineer. ( Ord. 62-5165. Passed 4-24-62.)

1113.07 SIDEWALKS.

   (a)   Installation. Sidewalks shall be installed where required by the Planning Commission and shall meet the standards and specifications of/or as designed by the City Engineer.
   (b)   Inspection. Forms shall be inspected prior to paving and finished walks shall be inspected and certified by the City Engineer.
(Ord. 62-5165. Passed 4-24-62.)

1113.08 STREET SIGNS.

   Street name signs shall be installed at each street intersection according to the standards and location as required by the City.
(Ord. 62-5165. Passed 4-24-62.)

1117.01 PRELIMINARY PLAT REQUIREMENTS.

   (a)   Prior to the preparation of the preliminary plat, the subdivider should seek the assistance of the Planning Commission in order that he may become familiar with the subdivision requirements affecting the territory in which the proposed subdivision is located.
   (b)   The preliminary plat of a subdivision is not intended to be recorded but to show graphically all the facts needed to enable the Planning Commission and other City agencies to determine if the proposed layout is satisfactory from the standpoint of the public interest. The preliminary plat should be designed by a qualified technician, trained and experienced in the layout of subdivisions.
   (c)   Where the preliminary plat includes only a part of the subdivider’s entire holding, a sketch of the entire prospective future street system shall be submitted to better present the intentions of the subdivider. (Ord. 62-5165. Passed 4-24-62.)

1117.02 INFORMATION TO BE SUBMITTED WITH PRELIMINARY PLAT.

   The developer shall submit two copies of the following information to the Planning Commission, with all prints to be in blue or black and white.
   (a)   Vicinity Sketch. A vicinity sketch at a scale of not less than 1,000' - 1" (a section of the tax map or index map of the City of Campbell will be adequate ) showing the relationship of the plat to its general surroundings shall be submitted.
   (b)   The Form. The plat shall be drawn at a scale of 1"-50' for subdivisions containing five acres or less, 1"-100' for subdivisions up to twenty acres and 1"-200' for subdivisions larger than twenty acres.
   (c)   Layout Plan.
      (1)   Items pertaining to title.
         A.   Proposed name of subdivision.
         B.   Location by municipality, county, and state.
         C.   Names and addresses of the owner, the developer, if other than the owner, and the engineer, or other technician preparing the plan.
         D.   Scale.
         E.   Date.
         F.   North point.
         G.   The statement.
            (Approved) Approved with modification
                                                                                  
            City Planning Commission
            Date                      Signed                               
      (2)   Existing site conditions affecting the plan.
         A.   Tract boundaries as determined by a tax map or as interpreted from deeds.
         B.   Existing streets, alleys, and easements within 100 feet of the proposed subdivisions.
         C.   Existing buildings and water courses, culverts, and drains.
         D.   The names of all subdivisions immediately adjacent, intersecting points of adjacent lots, and the names of owners of record of adjacent acreage.
         E.   Contours at two foot intervals for general or average slope of 1 to 5%, and five foot intervals on more steeply sloping land, greater than 5%.
         F.   Existing zoning boundary lines or existing zone classification of the proposed subdivision.
         G.   Existing tree masses and other significant existing features.
      (3)   Proposed improvements. 
         A.   Location and width of all proposed streets, roads, alleys and utility easements.
         B.   Parks, playgrounds, and other public areas proposed for dedication.
         C.   Lot lines and approximate dimensions of lots including lot numbers.
         D.   General drainage plan for stormwater.
         E.   Proposed land uses for determining the effect of the development in traffic, fire hazards or congestion of population.
         F.   A list of all the proposed improvements to be included in the subdivision.
         G.   Copies of any proposed restrictions that will be included in the deeds of the subdivision, shall be attached to the plan.
            (Ord. 62-5165. Passed 4-24-62.)

1117.03 FINAL PLAT REQUIREMENTS.

   (a)   The subdivision plat submitted for final approval shall be drawn in India ink upon tracing cloth and on sheets 12" x 18" or 24" x 36", depending on the size of the subdivision. Scale of 1"-50' shall be used on subdivisions up to five acres or less, 1"-100' for subdivisions (up to twenty acres in size and 1"-200' may be used on any subdivision larger than twenty acres). Larger than five acres.
   (b)   The subdivider shall provide the Planning Commission with the original tracing of the final plat and two copies thereof at least one of which must be delivered to the City Engineer for his file. It shall be prepared by a registered engineer or surveyor.
   (c)   The final plat shall conform to the preliminary plat and it may constitute only that portion of the approved preliminary plan that the subdivider proposes to record and develop at the time provided that such portion conforms with all the requirements of these regulations.
   (d)   The subdivider shall at the time of making application of the final plat include the original petition, or copy thereof asking the City to extend improvements into the proposed subdivision or a performance bond equal to 100% of the cost of installation of all improvements. (Ord. 62-5165. Passed 4-24-62.)

1117.04 INFORMATION TO BE INCLUDED ON FINAL PLAT.

   (a)   Items Presented in Plan. 
      (1)   Items pertaining to title. The same items as required for the preliminary plat.
         A.    Proposed name of subdivision .
         B.   Location by municipality, county, and state.
         C.   Scale.
         D.   Date.
         E.   Northpoint.
      (2)   The full plan of development including boundary lines, street lines, including width and length.
      (3)   Areas dedicated or reserved for public use, including streets, pedestrian ways, lots, reservations and easements.
      (4)    Sufficient data to determine readily the location, right-of-way, width, bearing and length of every street, lot line and boundary line for reproducing such lines upon the ground.
      (5)    The length of all street lines, complete curve data and bearings for each street. All dimensions shall be shown in feet and hundredths of a foot. Bearings shall be shown in degrees, minutes and the nearest second.
      (6)    Lots within a subdivision shall be numbered in a satisfactory manner as required by the Mahoning County auditor.
      (7)    Reference to recorded subdivisions plats or adjoining platted land by record name, and names of owners of adjoining unplatted land or outlot number.
      (8)    A breakdown of the number of acres in the subdivision including the amount in streets, in lots and the total area.
      (9)    Location of pins and monuments shall be shown thus "O" and a certification shall be made by a registered engineer or surveyor as to the accuracy of the survey including a statement that iron pins will be placed on all lot corners and changes in direction prior to the sale of any lots if any pins are not shown on the plat.
      (10)    Certification of title shall include the date, volume and page of the transfer of the subdivided parcel from the previous to the present owner as shown on the record of deed filed at the Mahoning county recorder of deeds office.
      (11)    Approval and adoption of the proposed subdivision including dedication of the streets or other public areas shown on the plat shall be acknowledged by the owners' signatures which shall be witnessed before a notary public.
      (12)    Suitable space for the inscription of the signature of the chairman and secretary indicating approval of the final plat by the Planning Commission.
      (13)   Suitable space for the inscription of signature acknowledging acceptance of the dedicated streets or other public areas on the plat by the chairman and secretary of Council.
      (14)    Suitable space for the inscription of the signatures of the recorder of deeds and the volume and page of the plat record book in which said plat is recorded.
      (15)    Suitable space for the inscription of the signature of the Mahoning County auditor verifying the transfer of the subdivision from acreage to lots.
      (16)    Acknowledgment by seal of the Mahoning County auditor on the plat verifying that all taxes and assessments have been paid on the land within the proposed subdivision.
   (b)    Other Information.
      (1)   Where the developer petitions the City for the installations of improvements the original petition or certified copy thereof shall be submitted to the Planning Commission.
      (2)   Where the developer plans to construct all the required improvements the following material must be submitted.
         A.   A performance bond equal to the total cost of completion of all the improvements as agreed upon or required by the Planning Commission.
         B.   A fixed fee covering the cost of inspection during the construction of improvements by the City Engineer or his representative or any other municipal authority having jurisdiction over local streets or publicly owned utilities.
         C.   Construction drawings completed for all the improvements agreed upon or required by the Planning Commission in conformance with the standards and specifications of the City Engineer and approval and certification indicated thereon.
            (Ord. 62-5165. Passed 4-24-62.)

1121.01 SPECIFIC VIOLATIONS OF REGULATIONS.

   (a)   No person, firm or corporation shall plat, subdivide, or divide into smaller parts any parcel of land or property into five or more lots, plots, tracts, etc ., of which the area of the subdivided lot or parcel or tract is less than five acres for the purpose of providing building sites, and is held in one ownership by deed, purchase or both.
   (b)   No person, being the owner or agent of the owner, shall agree to transfer or sell or offer to sell or option any of the land before such plat or map has been approved by the Planning Commission.
(Ord. 62-5165. Passed 4-24-62.)

1121.99 PENALTY.

   (a)   Whoever violates Section 1121.01 shall be fined not more than one hundred dollars ($100.00) for each lot, parcel or tract.
   (b)   If no penalty is provided for any section of this Zoning Ordinance, a penalty shall be imposed not to exceed fifty dollars ($50.00). Each day such violation shall continue shall be considered a separate offense.(Ord. 62-5165. Passed 4-24-62.)
TITLE THREE - Zoning Regulations
Chap. 1141. General Provisions.
Chap. 1145. Regulations and Districts.
Chap. 1149. Administration.
Chap. 1153. Enforcement and Penalty.

1141.01 LEGISLATIVE INTENT.

   (a)   It is the intent of Council to enact a Zoning Ordinance for the City and to repeal all amendments, ordinances and resolutions enacted prior to the adoption of this Zoning Ordinance.
   (b)   It is the intent of Council to promote the health, safety, morals, and general welfare by guiding the development of the City by means of a comprehensive land use plan which is carried out by this Zoning Ordinance and by other measures.
   (c)   It is the intent of Council to provide regulations, standards and guidance for the development and renewal of the City:
      (1)   By adequately providing for lights, fresh air and for the relation of the population by water, schools, parks and recreation places, transportation, sewerage, drainage and other public needs;
      (2)   By providing against the overpopulating of areas in the City, against traffic congestion and against public panics or tumults from fires or other calamities;
      (3)   By reducing the possibilities of contagious diseases and infections;
      (4)   By all other measures, for the avoidance of slums, for the development of residential areas, of business centers and industrial areas.
   (d)   Short title. It is the intent of Council that this Title Three - Zoning Regulations shall be known and may be cited as the Campbell Zoning Ordinance.
(Ord. 68-5938. Passed 1-3-68.)

1141.02 DEFINITIONS.

   For the purpose of this Title Three- Zoning Regulations, certain words and terms used herein are defined as follows:
   (a)   General terms: All words used in the present tense include the future tense; all words in the plural number include the singular number and all words in the singular include the plural number, unless the natural construction of the wording indicates otherwise. The word "lot" includes the word "plot"; the word "building" includes the word "structure" and the word "shall" is mandatory and not directory. The word "used" shall be deemed also to include "designed, intended or arranged to be used". Unless otherwise specified, all distances shall be measured horizontally. The word "City" means the City of Campbell; the term "Council or City Council" means the Council of the City of Campbell; the term "Planning Commission" means the Planning Commission of this City; the term "Board of Appeals" means the Board of Appeals of this City.
   (b)   “Alley” means a passage or way open to public travel which affords generally a secondary means of vehicular access to abutting lots and is not intended for general traffic circulation.
   (c)   “Building, accessory” means a subordinate building, the use of which is customarily incidental to that of the main building on the same lot.
   (d)   “Building, main” means a building in which is conducted the principal use of the lot on which it is situated.
   (e)   “Drive-in use” means any use where the predominant customer approach is by automobile such as gas station, frozen custard stand, etc.
   (f)   “Dwelling, cellar” means any building wherein the floor of rooms intended for human occupancy, other than game rooms and similar special rooms, is more than four feet below grade.
   (g)   “Dwelling, one-family” means a detached building containing one dwelling unit only.
   (h)   “Dwelling, two-family” means a detached building containing two dwelling units.
   (i)   “Dwelling, multiple” means a building or portion thereof containing three or more dwelling units.
   (j)   “Dwelling unit” means a building or portion thereof providing complete housekeeping facilities for one family. The term shall not include house trailers, cellar dwellings, or any accommodations of less than 450 square feet.
   (k)   “Family” means one or more persons, related by law, blood or marriage, occupying a dwelling unit and living as a single nonprofit housekeeping unit.
   (l)   “Floor area ratio” means the floor area of the building or buildings on a zoning lot, divided by the area of that zoning lot. A floor area of a building or buildings is the sum of the gross horizontal area of the several floors of all buildings on the lot, measured from the exterior faces of the exterior walls, or from the center line of walls supporting two buildings. Floor area shall include the area of basements when used for residential, commercial, or industrial purposes, but need not include a basement or portion of a basement used for storage or the housing of mechanical or central heating equipment, or the basement apartment of a custodian in a multi- family dwelling, except that portion of said custodian's dwelling unit which is in excess of fifty percent of the total basement floor area. In calculating floor area, the following need not be included:
      (1)    Attic space providing structural head room of less than seven feet six inches;
      (2)    Uncovered steps;
      (3)    Terrace, breezeways and open porches;
         (Ord. 68-5938. Passed 1-3-68.)
      (4)   Automobile parking space in a basement or private garage, but not to exceed 800 square feet for a single family dwelling, 1,000 square feet for a two-family dwelling and 200 square feet per car required by the provisions of this Zoning Ordinance for any other use.
         (Ord. 94-8830. Passed 10-19-94.)
      (5)   Accessory off-street loading berths, but not to exceed twice the space required by the provisions of this Zoning Ordinance.
   (m)   “Garage, private” means an accessory building or part of a main building used only for the storage of motor vehicles as an accessory use, when the storage space does not exceed that for the following number of vehicles:
      (1)    For any one-family dwelling three vehicles, not more than one of which may be a non-passenger vehicle.
      (2)    For any other dwelling, passenger vehicles equal in number to fifty percent of the number of dwelling units in the dwelling.
   (n)   “Garage, parking” means a building or part thereof, other than a private garage, used for the storage of motor vehicles for remuneration, or where any such vehicles are kept for hire.
   (o)   “Garage, repair” means a building or part thereof used for the repair of motor vehicles for remuneration, but not used for the dismantling or junking of cars.
   (p)   “Hospital”, unless otherwise specified, means sanitarium, sanatorium, preventium, clinic, rest home, nursing home, convalescent home, and any other place for the diagnosis, treatment, or other care of ailments, and shall be deemed to be limited to places for the diagnosis, treatment, or other care of human ailments.
   (q)   “Hotel” means any building or portion thereof containing fifteen or more rooms that are rented, or hired out to be occupied or which are occupied for sleeping purposes for compensation, whether the compensation be paid directly or indirectly.
   (r)   “Junk yard” means the use of more than 200 square feet of the area of any lot, whether inside or outside a building, or the use of any portion of that half of any lot that joins any street, for the storage, keeping, or abandonment of junk, including scrap metals, or other scrap materials, or for the dismantling, demolition, or abandonment of automobiles or other vehicles or machinery or parts thereof.
   (s)   “Interior lot lines” means side lot lines between two lots (as opposed to lot line on a corner lot).
   (t)   “Lot” means land occupied or to be occupied by a building and its accessory buildings, or by a dwelling group and its accessory buildings, together with such open spaces as are required under the provisions of this Zoning Ordinance having not less than the minimum area and width required by this Zoning Ordinance for a lot in the district in which such land is situated, and having its principal frontage on a street or on such other means of access as may be determined in accordance with the provisions of law to be adequate as a condition of the issuance of a building permit for a building on such land.
   (u)   “Lot area” means the total horizontal area included within lot lines.
   (v)   “Lot, corner” means a lot at the junction of and abutting on two or more intersecting streets when the interior angle of intersection does not exceed 135 degrees.
   (w)   “Lot, depth” means the mean horizontal distance between the front and rear lot lines, measured in the general direction of the side lot lines.
   (x)   “Lot line, rear” means the lot line which is generally opposite the front lot line; if the rear lot line is less than ten feet in length, or if the lot comes to a point at the rear, the rear lot line shall be deemed to be a line parallel to the front lot line not less than ten feet long, lying wholly within the lot and farthest from the front lot line.
   (y)   “Lot width” means the mean width of a lot measured at right angles to its depth at the building line.
   (z)   “Marquee” means roof suspended or cantilevered over a sidewalk to protect a building entrance, but not exceeding the full width of the structure.
   (aa)   “Rooming house” means any building or portion thereof containing more than four and less than fifteen rooms that are used, rented, or hired out to be occupied or which are occupied for sleeping purposes by more than four and less than fifteen guests for compensation, whether the compensation be paid directly or indirectly. The term "rooming house" shall be deemed to include lodging house and boarding house, but not tourist house, motel or outside court.
   (bb)   “Service station” means any area of land, including structures thereon, that is used for the sale of gasoline or other motor vehicle fuel and oil and other lubricating substance, including any sale of motor vehicle accessories, and which may or may not include facilities for lubricating, washing, or otherwise servicing motor vehicles, but not including the painting thereof by any means.
   (cc)   “Sidewalk canopy” means a continuous cover or roof suspended or cantilevered over a sidewalk and extending the full width of a building or buildings.
   (dd)   “Sign” means any device for visual communication that is used for the purpose of bringing the subject thereof to the attention of the public but not including any flag, badge, or insignia of any government or governmental agency, or of any civic, charitable, religious, patriotic, fraternal or similar organization.
   (ee)   “Street” means a public or private thoroughfare, however designed, which affords the principal means of access to abutting property.
   (ff)   “Structural alteration” means any change in the supporting members of a building.
   (gg)   “Tourist home” means a dwelling in which sleeping accommodations in less than five rooms are provided for or offered for transient guests for compensation.
   (hh)   “Use” means the specific purpose for which land or a building is designed, arranged, intended, or for which it is or may be occupied or maintained. The term "permitted use,” or its equivalent shall not be deemed to include any nonconforming use.
   (ii)   “Use, accessory” means a use which is customarily incidental and subordinate to the principal use of a lot or a building and located on the same lot therewith.
   (jj)   “Use: non-conforming” means use of a building or of land that does not conform to the regulations as to use for the district in which it is situated.
   (kk)   “Yard” means an open space of uniform width or depth on the same lot with a building or a group of buildings, which open space lies between the building or group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward, except for the certain features specified in this Zoning Ordinance. In measuring a yard, as hereinafter provided, the line of a building shall be deemed to mean a line parallel to the nearest lot line, drawn through the point of a building or the point of a group of buildings nearest to such lot line, exclusive of the respective features specified in Section 1145.01 as not to be considered in measuring yard dimensions or as being permitted to extend into any front, side or rear yard, respectively, and the measurement shall be taken at right angles from the line of the building to the nearest lot line.
      (Ord. 68-5938. Passed 1-3-68.)

1141.03 APPLICATION OF REGULATIONS.

   Except as hereinafter specifically provided, the following shall govern the application of regulations:
   (a)   Use of Land or Buildings. No building shall hereafter be erected and no existing building shall be altered, added to, or moved onto a lot nor shall any land or building be used or arranged to be used for any purpose other than is included among the uses listed in Chapter 1145.
   (b)   Building Height. No building shall hereafter be erected or altered to exceed the height, the limit designated in Chapter 1145 for the district in which it is located.
   (c)   Space and Area Regulations. No building shall hereafter be erected, nor shall any existing building be altered, enlarged, or moved, nor shall any open space continuous to any building or any required parking or loading areas be encroached upon or reduced in any manner, except in conformity to the yard, lot area, building location, percentage of lot coverage, and other space and area regulations designated in said schedule, unless such reduction or encroachment is by duly constituted authority for a public purpose.
   (d)   Yard as Related to Building. No part of a yard or other open space required appurtenant to any building for the purpose of complying with the provisions of this Zoning Ordinance shall be included as a part of a yard or other open space required for any other building on any other lot.
   (e)   Maintenance of Lot Size. No lot shall be reduced in area so that yards, lot area per dwelling unit, lot width, or other requirements of this Zoning Ordinance are not maintained, unless such reduction is by duly constituted authority for a public purpose.
(Ord. 60-2963. Passed 1-9-60.)

1141.04 ESTABLISHMENT OF DISTRICTS.

   The City is hereby divided into the following districts. The initials designated hereinafter as representing the district may be used in referring to said districts.
(a)   Single family residential
R-1
(b)   General residential
R-2
(c)   Multi-family residential
R-3
(d)   Central commercial
C-1
(e)   Neighborhood and local business
C-2
(f)   Highway commercial   
C-3
(g)   Light industrial
M-1
(h)   Heavy industrial
M-2
(i)   Industrial park
IP
 
   (Ord. 68-5938. Passed 1-3-68.)

1141.05 MAP DESIGNATION OF DISTRICTS.

   (a)   The aforesaid districts are bounded and defined on a map entitled "Zoning Map of the City of Campbell, Ohio", adopted on the 3rd day of January, 1968, and certified by the City Engineer and Zoning and Planning Commission, which map accompanies Ord. 68-5938, and is hereby made a part of this Zoning Ordinance by reference.
   (EDITOR’S NOTE: A copy of the zoning map may be obtained at the office of the Clerk of Council.)
   (b)   Where uncertainty exists as to any of said boundaries as shown on said map, the following rules shall apply.
   (c)   Where such boundaries are indicated as approximately following the center of roads, railroads, or streams, such center lines shall be construed to be such boundaries.
   (d)   Where such boundaries are indicated as approximately following the boundary lines of parks, or reservations, such lines shall be construed to be such boundaries.
   (e)   Where such boundaries are indicated as approximately following lot lines, and are not more than twenty-five feet distant therefrom, such lot lines shall be construed to be such boundaries.
   (f)   In unsubdivided land and where a district boundary divides a lot, the location of such boundary, unless the same is indicated by dimensions shown on the map, shall be determined by the use of the scale appearing thereon. (Ord. 68-5938. Passed 1-3-68.)

1141.06 ZONING OF ANNEXED AREAS.

   Any area annexed to the City after the effective date of Ord. 68-5938, shall immediately upon such annexation be automatically classified as presently zoned by the village, township, or municipal authority of such annexed area, unless or until a zoning plan for said area has been adopted by Council. (Ord. 68-5938. Passed 1-3-68.)

1145.01 OFF-STREET PARKING AND LOADING.

   (a)   Required for All New Buildings and Uses. Except in the C-1 District, for every building hereafter erected or altered, or use hereafter established, there shall be provided off-street parking and loading areas as set forth in this section. Such areas, together with access and turning areas, shall be paved, "graveled, or slagged. Sufficient off-street parking and loading areas shall be provided to accommodate the number of vehicles customarily used for deliveries to or removal from such structure. It is intended hereby to require provision for normal conditions and not for peak loads. All parking space provided pursuant to this section shall be on the same lot with the building, except that the Board of Zoning Appeals may permit the parking spaces to be on any lot wholly within 300 feet of the building if it determines it is impractical to provide space on the same lot with the building.
   (b)   Required Off-Street Parking Units. 
      (1)   Definition of a parking unit. Each off-street parking unit shall be a space not less than eight feet wide and twenty feet long which is not included in any access or turning area, except that where more than three off-street spaces are provided they shall be not less than nine feet in width.
      (2)   Units required: 
         A.   For each family dwelling unit: one;
         B.   For each two roomers or boarders or transient guests: one;
         C.   For each professional person maintaining office hours: three;
         D.   For each home occupation: one;
         E.   For each place of worship or parish home, auditorium, or hall, theater or other place of public assembly: one for each three units of seating capacity;
         F.   For each rectory, parsonage, or church office: two plus one for each employee;
         G.   For rental office space: one plus one for each 200 square feet of rented floor area;
         H.   For retail or personal service uses: one for each 100 square feet of usable floor area;
         I.   For restaurants or other places serving beverages or refreshments: one unit for each three seats;
         J.   For mortuaries or funeral homes: ten units;
         K.   For motor vehicle sales rooms, garages, repair shops: one unit for each 500 square feet of floor space;
         L.   For industrial or warehouse uses: one space for each two employees for any two shifts;
         M.   For hospitals or nursing homes: one for each two beds;
         N.   For bowling alleys: five per alley.
   (c)   Required Off-Street Loading Space.
      (1)   Definition of loading unit. Each off-street loading unit shall be a space of ten feet wide, fourteen feet high and forty-five feet long, exclusive of access and turning area, which may be located within a structure, within a side or rear yard, or within a required off-street parking area provided it does not bar access to such parking area.
      (2)   Units required.
         A.   For retail or personal service use: One unit for each 3,000 square feet of floor area devoted to merchandising.
         B.   For wholesale merchandising, storage or processing: One unit for each 300 square feet of floor area.
   (d)   Off-Street Parking and Loading for Uses not Specifically Mentioned. For any use not specifically mentioned in the above sections, the requirements for off-street parking and off- street loading facilities for use which is mentioned and to which said use is similar, shall apply. In such case, either the Building Inspector or the applicant for certificate of occupancy or building permit may apply to the Board of Appeals for an interpretation of the provisions of this Zoning Ordinance for such off-street parking and off-street loading requirements and the Board of Appeals shall render a decision in writing in the manner provided for in this Zoning Ordinance for such action.
(Ord. 68-5938. Passed 1-3-68.)

1145.02 YARD REQUIREMENTS APPLICABLE IN ALL DISTRICTS.

   (a)   Exceptions to Yard Requirements. The following may project into required yards: Steps or stoops not exceeding twenty-four square feet in area; eaves, cornices, and belt courses not exceeding two feet and open fire escapes - not more than four feet to six feet.
   (b)   Depth. Where the street right-of-way is less than fifty feet, the depth of the front yard shall be measured from a point twenty-five feet from the center line of the street.
   (c)   Lot Width Measurements. Lot widths shall be measured at the front building line.
(Ord. 68-5938. Passed 1-3-68.)

1145.03 AREA REQUIREMENTS APPLICABLE IN ALL DISTRICTS.

   (a)   Area Measurement. For purposes of measuring lot area on exceptionally deep lots, only that part of the depth which is more than three times the average width of the lot may be utilized in calculations.
   (b)   Parking Lots. Off-lot parking areas approved by the Board of Appeals to meet the requirements of this Zoning Ordinance shall not be used for other purposes, or be severed in ownership, without approval of the Board of Appeals.
   (c)   Fences. Except as provided in subsection (d) hereof, the yard requirements of this Zoning Ordinance shall not be deemed to prohibit any otherwise lawful fence or wall, provided that in any residential district no fence or wall shall exceed six feet in height in any front or side yard nor eight feet in height in any rear yard.
   (d)   Visibility at Intersections. On a corner lot in any residential district, no structure, fence, wall, hedge, or other planting shall be erected, placed, or maintained at a height of more than thirty inches above the curb line within the triangle formed by the street lines and a straight line joining said street lines at points twenty feet from the point of intersection.
(Ord. 68-5938. Passed 1-3-68.)

1145.04 HEIGHT REGULATIONS APPLICABLE IN ALL DISTRICTS.

   (a)   Height Measurement. Measurement of height shall be the vertical height from the average elevation of finished grade at the front of the structure to:
   In case of flat roof structure, highest point of coping.
   In case of mansard roof structure, deck line of roof.
   In case of gable or hipped roof, average height of roof.
   A habitable basement or attic shall be counted as a story.
   (b)   Height Exceptions. The height limitation of this Zoning Ordinance shall not apply to flag poles, church spires, belfries, domes or similar projections not used for human occupancy; nor to chimneys, ventilators, sky-lights, water tanks, bulk heads, antenna, and other necessary mechanical apparatus usually carried above the roof level.
(Ord. 68-5938. Passed 1-3-68.)

1145.05 SERVICE STATIONS AND OTHER DRIVE-IN USES.

   A station for the storage and sale of fuel, lubricating oil and accessories for motor vehicles and other "drive-in uses” as defined under Section 1141.02, shall meet the following additional requirements:
   (a)   No street entrance or exit for vehicles of such service station or other drive-in use, shall be within 200 feet of a street entrance or exit of any school, park, or playground conducted for and attended by children,
   (b)   No portion or equipment of such service station or other drive-in use shall be within 100 feet of any hospital, church, or public library; or within seventy-five feet of a lot in a residence district, as established by this Zoning Ordinance.
   (c)   No equipment, above surface of ground, for the service of motor vehicles shall be closer than fifteen feet to any property line along a street or highway.
   (d)   No portion of any entrance driveway leading from a public street to such service station or drive-in use shall be closer than fifteen feet to the curb line of an intersecting street, nor three feet to a fire hydrant, catch basin, end of curb circle at corner, or to the street line of an intersecting street.
   (e)   The width of any entrance driveway leading from the public street to such service station or other drive-in use shall not exceed thirty feet at its intersection with the curb line or edge of pavement.
   (f)   No two driveways leading from a public street to such service station or other drive-in use shall be within fifteen feet of each other at their intersection with the curb or street line.
   (g)   A pipe railing, post and chain barricade, raised curbing or similar device, satisfactory to the City Engineer, shall be constructed and maintained upon the property in the vicinity of street corners, sidewalk safety zones, entrance driveways and at other points in such manner as to prevent vehicles from crossing the sidewalk other than by means of an entrance driveway as hereinabove described.
   (h)   Parking and vehicle access shall be so arranged that there will be no need for motorists to back over sidewalks into streets.
   (i)   No services, other than emergency services, shall be performed for vehicles or persons in vehicles parked on the public right-of-way.
      (Ord. 68-5938. Passed 1-3-68.)

1145.06 SINGLE FAMILY RESIDENTIAL DISTRICT (R-1).

   (a)   Principal Uses Permitted. 
      (1)   Single-family dwellings.
      (2)   Public and parochial schools, churches (not permitted in any converted residential structure in this district).
      (3)    Public recreation buildings and uses.
      (4)    Government buildings and uses.
      (5)    Cemeteries.
   (b)   Accessory Uses Permitted. 
      (1)   Professional offices and studies of artists, lawyers, engineers, doctors, dentists, clergymen and musicians, located in dwellings and used by the resident occupants only.
      (2)    The keeping of not more than three roomers or boarders.
      (3)    Customary home occupations, such as millinery, dressmaking and similar domestic craft, conducted by the resident occupants thereof only and not including storage or sale of merchandise on the premises.
      (4)    Accessory buildings such as tool or garden sheds, private garage for not more than three cars, providing that any detached accessory structure shall be not less than ten feet from the principal structure.
      (5)   Signs as hereafter provided are permitted.
         A.   Professional uses, home occupations - Not more than three square feet in area.
         B.   Real estate: Signs relating to the prospective sale, rent or lease of the land provided that the total sign area on one street frontage does not exceed four square feet.
         C.   Non-conforming non-residential uses: One sign not larger than six square feet in area per street frontage.
         D.   Announcement signs for public, charitable, educational and religious uses: one sign not over six square feet in area.
            (Ord. 68-5938. Passed 1-3-68.)
         E.   Prohibited signs: Self illuminating signs and moving signs not permitted. (Ord. 94-8831. Passed 10-19-94.)
   (c)   Minimum Square Footage. The minimum square footage for living area shall be 1,500 square feet. (Ord. 94-8829. Passed 10-19-94.)
 
   (d)   Special Permit Uses. 
      (1)   Use. Public utility sub-stations necessary to serve the neighborhood.
      (2)   Standards. Lot shall be landscaped in keeping with the character of the neighborhood and there shall be no storage of equipment.
         A.   Schools similar in character to public schools. All structures shall be a distance from all property lines equal to the height of the building.
         B.   Directional signs necessary for uses off a major highway route. Such signs shall be the minimum necessary for public information and of a kind approved by the board of adjustment.
         C.   Nurseries and greenhouses - Provided no retail sales are conducted on the premises.
      (3)   Greenhouses and nurseries for propagating and cultivating only.
      (4)   Agriculture.
   (e)   Lot and Yard Requirements. 
      (1)   Minimum lot area; 7,500 square feet.
      (2)   Minimum lot width; 60 feet.
      (3)   Minimum lot area per family; 7,500 square feet.
      (4)   Minimum yards.
         A.   Front yard. Thirty-five feet or in the instance of blocks partially developed, the average depth of existing dwellings but not less than twenty-five feet.
         B.   Rear Yard. Principal building; twenty feet. Accessory building; five feet.
         C.   Side yard.
            1.    Both sides total. Thirty percent of the lot width provided that the combined width need not exceed thirty feet and shall not be less than ten feet.
            2.   One side.
               a.   Principal use.
                  i.   Interior lot line, ten percent of lot width provided that the width shall not be less than four feet and shall not be required to exceed fifteen feet.
                  ii.   Street side on corner lot, fifteen feet.
               b.   Accessory use to the rear of principal structure.
                  i.   Interior lot line, three feet.
                  ii.   Street side on corner lot, twenty feet.
   (f)   Maximum Building Height. Thirty-five feet or two and one-half stories providing that on a lot between two existing dwellings a dwelling may be erected to the average height of those existing.
   (g)   Maximum Lot Coverage. Thirty percent (30%).
(Ord. 68-5938. Passed 1-3-68.)
   (h)   Kennels Prohibited. Kennels used for the purpose of the breeding of dogs for sale or profit in the Residential-1 zone designation are hereby prohibited.
(Ord. 95-8912. Passed 11-1-95.)

1145.07 GENERAL RESIDENTIAL DISTRICT (R-2).

   (a)   Principal Uses Permitted.
      (1)   Any principal use permitted in R-1 zone.
      (2)    Two-family and multi-family dwellings subject to the lot area requirements per family contained therein.
      (3)    Boarding houses and rooming houses for less than six roomers.
      (4)    Public utilities sub-stations necessary to serve the neighborhood.
   (b)   Accessory Uses Permitted. 
      (1)   Any accessory use permitted in the R-1 zone.
      (2)    Private garages equal to the number of dwelling units on the Zoning lot.
   (c)   Special Permit Uses.   
      (1)   Uses.
         A.   Any special permit as in R-1 zone.
      (2)   Standards in addition to general standards. Same as for R-1 zone.
         A.   Rental parking spaces to serve dwellings in vicinity.
      No commercial vehicles, trucks or trailers, shall be stored and there shall be no sale of products or services. Design of structures shall be approved by the Board of Appeals and landscaping in keeping with the character of the neighborhood shall be installed and maintained, where deemed necessary by said Board.
         B.   Public parking lots entirely within 300 feet of commercial or industrial zones and adjacent thereto.
      Parking shall not be on the same zoning lot as any other use and there shall be no sale of products or services. Landscaping in keeping with character of the neighborhood shall be installed and maintained where deemed necessary by the Board of Appeals.
         C.   Charitable institutions.
      Adequate parking as determined by standards contained herein and as approved by the Board of Appeals.
         D.   Hospitals, nursing homes or rest homes. Same as C. above.
         E.   Undertaking establishments.
      Parking for not less than ten cars shall be provided in approved off- street spaces.
         F.   Public parking lots entirely within 300 feet of a commercial zone or an industrial zone and adjacent thereto.
      Evergreen planting or solid fences not less than five feet in height as approved by the Board of Appeals shall be installed at every boundary adjacent to a residential zone.
         G.   Tourist homes.
      One off-street parking space for each rental unit.
   (d)   Lot and Yard Requirements.  
      (1)   Minimum lot area, 6,000 square feet.
      (2)   Minimum lot width, fifty feet.
      (3)    Minimum lot area per family. First family, 4,000 square feet.
                      Each additional family, 2,000 square feet.
      (4)    Minimum yards.
         A.   Front yard. Thirty feet or in the instance of blocks partially developed, the average depth of existing dwellings, except that the front yard shall not be less than the height of the building.
         B.   Rear yard.    Principal building, thirty feet. Accessory building, five feet.
         C.   Side yard.
            1.   Both sides combined. Thirty percent of lot width provided that the total of residential side yards shall not be required to exceed thirty feet except as may be required for buildings over thirty feet in height.
            2.   One side.
               a.   Principal use.
                  i.   Interior lot line. Ten percent of lot width provided no side yard shall be less than four feet nor shall be required to exceed fifteen feet, except that the side yard of buildings over thirty feet in height shall not be less than the height of the building.
                  ii.   Street side on corner lot. Fifteen feet, except that the side yard of buildings over thirty feet in height shall not be less than the height of the building.
               b.   Accessory use to the rear of principal structure.
                  i.   Interior lot line, three feet.
                  ii.   Street side on corner lot, thirty feet.
   (e)   Maximum Building Height. Thirty-five feet, but not more than three stories.
   (f)   Maximum Lot Coverage. Thirty percent.
(Ord. 68-5938. Passed 1-3-68.)
   (g)   Kennels Prohibited. Kennels used for the purpose of the breeding of dogs for sale or profit in the Residential-2 zone designation are hereby prohibited.
(Ord. 95-8912. Passed 11-1-95.)

1145.08 MULTI-FAMILY RESIDENTIAL DISTRICT (R-3).

   (a)   Principal Uses Permitted. 
      (1)    Any principal permitted use in R-1 district.
      (2)    Office buildings.
      (3)    Undertaking establishments.
      (4)    Charitable institutions.
      (5)    Private recreational uses not operated for gain.
      (6)    Hospitals, rest homes, nursing homes.
      (7)    Professional offices and clinics.
      (8)   Tourist homes.
      (9)    Private or commercial schools.
      (10)    Parking lots.
   (b)    Accessory uses permitted (no accessory use shall occupy more than thirty percent of a required yard space).
      (1)    Any accessory use permitted in an R-2 zone.
      (2)    Signs.
         A.   Real estate signs as provided in an R-1 district.
         B.   Signs directly related to the use of the premises as follows:
            1.   One sign not over eight square feet in area, parallel to and flat against a wall, of a building.
            2.   One other sign not over three square feet in area.
         C.   Self-illuminated signs or the use of flashing or intermittent lighting in connection with signs, shall not be permitted.
         D.   For existing non-conformity uses. Signs as permitted in a C-2 zone.
   (c)   Special Permit Uses. 
      (1)   Use. Any special permit listed in R-2 zone and not permitted as a principal use above.
      (2)   Standards. Subject to the same standards as in R-2 zone.
   (d)   Lot and Yard Requirements. 
      (1)    Minimum lot area, 6,000 square feet.
      (2)    Minimum lot width, thirty feet.
 
(3)    Minimum lot area per family.
First family, 4,000 square feet.
Each additional family, 2,000 square feet.
Elevator apartments of five or six stories, 900 square feet per family.
      (4)    Minimum yards.
         A.   Front yard. Thirty feet, or, in the instance of blocks partially developed, the average depth of existing front yards except that the front yard shall not be less than the height of the building.
         B.   Rear yard. Principal building, twenty-five feet. Accessory building, five feet.
         C.   Side yard.
            1.   Both sides combined. Thirty percent of the lot width provided that the total need not exceed thirty feet except as may be required for the building over thirty feet in height.
            2.   One side.
               a.   Principal use.
                  i.   Interior lot line. Ten percent of lot width, provided that the width shall not be less than four feet nor shall be required to exceed fifteen feet, except that buildings over thirty feet in height shall have a side yard not less than one-half the height of the building.
                  ii.   Street side on corner lot. Fifteen feet, except that buildings over thirty feet in height shall have a side yard not less than one-half the height of the building.
               b.   Accessory use to the rear of principal structure.
                  i.   Interior lot line, three feet.
                  ii.   Street side on corner lot, thirty feet.
   (e)   Minimum Building Height. Sixty feet but not more than six stories.
   (f)   Maximum Lot Coverage. Thirty percent (30%).
(Ord. 68-5938. Passed 1-3-68.)
   (g)   Kennels Prohibited. Kennels used for the purpose of the breeding of dogs for sale or profit in the Residential-3 zone designation are hereby prohibited.
(Ord. 95-8912. Passed 11-1-95.)

1145.09 CENTRAL COMMERCIAL DISTRICT (C-1).

   (a)   Principal Uses Permitted. 
      (1)   Any use permitted in an R-2 zone, including uses requiring special permits in R-1 and R-2 zones, except that no residential use other than quarters for watchman shall be permitted.
      (2)   Retail businesses, service establishments, banks, offices, when conducted entirely within buildings.
      (3)   Restaurants, hotels, taverns, motion picture theaters, bowling alleys, and other places of public amusement conducted entirely within buildings.
      (4)    Bakery, candy, pastry, confectionery or ice cream retail sales with minor manufacturing permitted for sales on the premises only providing that not more than five persons are employed during any one shift in such manufacturing.
      (5)    Automobile sales conducted entirely within buildings; parking lots and parking garages.
      (6)    Automobile repairs when conducted entirely within building and when not less than 100 feet from a residential zone.
      (7)   Club or lodge hall.
   (b)   Accessory Uses Permitted. 
      (1)   Accessory uses on the same lot with and customarily incidental to a permitted use.
      (2)    Signs.
         A.   Signs directly relating to a use conducted on the premises providing that the total of area, square feet of all such signs, including signs on marquees and canopies, shall not exceed the number of lineal feet of street frontage and no individual projecting sign shall exceed twenty-five square feet in area.
         B.   Height. No sign shall exceed the height of a related building or twenty-eight inches, whichever is greater.
         C.   Extension over public way - except as provided herein, no sign shall extend more than forty-eight inches over a public right-of-way and none shall extend past the center line of a public sidewalk.
         D.   The use of signs with moving devices, intermittent lighting, or signs similar to traffic control devices is prohibited. Real estate signs: As provided in an R-1 district.
   (c)   Special Permit Uses. 
      (1)   Use. Out of door recreation and commercial uses, including out of doors automobile sales.
      (2)   Standards. Such uses shall be not less than 100 feet from a residential district or existing residential structure, church and schools, or so designed or related thereto as to not interfere with the peaceful enjoyment of such properties by reason of lights, noise, or other physical factors.
         A.   Gasoline service stations and other drive-in uses. Such uses shall not be placed so as to unduly endanger pedestrian traffic, and shall comply with the regulations in Section 1145.05 , and shall have at least 100 feet frontage and 10,000 square feet in area.
   (d)   Lot and Yard Requirements.   
      (1)   Minimum lot area, 2,000 square feet.
      (2)   Minimum lot width, twenty feet.
      (3)   Minimum lot area for family. No new residential uses permitted, and no existing residential lot shall be reduced so as to provide less than the requirements of R-3 district.
      (4)   Minimum yards.
         A.   Front yard. No requirements.
         B.   Rear yard. Adjoining existing alley or alley on official map, thirty feet from center line of alley, otherwise none required.
         C.   Side yard. Adjoining commercial or industrial district. None required.
         D.   Adjoining residential district. Fifteen feet or one-half the height of building, whichever is greater.
   (e)   Maximum Building Height. Sixty feet but not more than six stories.
   (f)   Maximum Lot Coverage. No requirement except as necessary for off-street loading.
   (g)   Floor Area Ratio. The total floor area shall not exceed four times the lot area.
(Ord. 68-5938. Passed 1-3-68.)

1145.10 NEIGHBORHOOD AND LOCAL BUSINESS DISTRICT (C-2).

   (a)   Principal Uses Permitted.  
      (1)   Any use permitted in an R-2 zone, including uses requiring special permits in R-1 and R-2 zones.
      (2)   Retail businesses, service establishments, banks, offices, when conducted entirely within buildings.
      (3)   Restaurants, hotels, taverns, motion picture theaters, bowling alleys and other places of public amusement conducted entirely within buildings.
      (4)    Bakery, candy, pastry, confectionery or ice cream retail sales with minor manufacturing permitted for sales on the premises only providing that no more than five persons are employed in such manufacturing.
      (5)   Parking lots and parking garages.
      (6)    Club or lodge halls.
      (7)    Laundry and dry cleaning establishments for pick-up and delivery service only.
   (b)   Accessory Uses Permitted.   
      (1)   Accessory uses on the same lot with and customarily incidental to a permitted use.
      (2)    Signs directly relating to a use conducted on the premises providing:
         A.   The total area in square feet of all such signs shall not exceed the number of lineal feet of street frontage and no individual sign shall exceed twenty-five square feet in area.
         B.   Height. No sign shall exceed the height of the related building or eighteen feet whichever is greater.
         C.   Extension over public way. No sign shall extend over a public right- of-way.
         D.   The use of signs with moving devices, intermittent lighting, or signs similar to traffic control devices is prohibited.
         E.   Real estate signs. As provided in an R-1 district.
   (c)   Special Permit Uses.
      (1)   Use. Gasoline stations and other drive-in uses.
      (2)   Standards. Such uses shall be on a lot of not less than 100 feet frontage and 100 feet depth, shall be so located as not to unduly endanger pedestrian traffic, and shall be suitably screened with planting of fences from any adjacent residential district and shall comply with the regulations in Section 1145.04 .
         A.   Automobile sales room conducted strictly within building.
         B.   Repair garages, when in association with and to the rear of automobile sales room. Such areas shall be suitably constructed and screened to protect residential uses.
   (d)   Lot and Yard Requirements.  
      (1)    Minimum lot area. For gasoline stations and drive-in uses, 10,000 square feet. For other uses, 3,000 square feet.
      (2)   Minimum lot width. For gasoline stations and drive-in uses, 100 feet. For other uses, fifty feet.
      (3)   Minimum lot area per family. Same as residential R-2 zone.
      (4)    Minimum yards. 
         A.   For residential use. Same as in residential R-3, except for permitted residences in connection with commercial use.
         B.   For all other uses.
            1.   Front yard. No requirement.
            2.   Rear yard. Adjoining commercial or industrial zone. Twelve feet.
            3.   Side yard. No requirement, but if provided must be a minimum of three feet.
   (e)   Maximum Building Height. Thirty-five feet, providing that a residential building shall meet the same standards as one in an R-2 zone.
   (f)   Maximum Lot Coverage. Fifty percent (50%).
(Ord. 68-5938. Passed 1-3-68.)

1145.11 HIGHWAY COMMERCIAL DISTRICT (C-3).

   (a)   Principal Uses Permitted.
      (1)    Churches and other places of worship and religious institutions.
      (2)   Roadside stands of a permanent nature when on a farm and for sale of farm products raised primarily within the area.
      (3)    Public utility sub-stations.
      (4)    Office buildings, bus stations and terminal buildings.
      (5)    Undertaking establishments.
      (6)    Restaurants, taverns, motion picture theaters, bowling alleys, and other places of public amusement, conducted entirely within buildings.
      (7)    Retail businesses, banks, and service establishments when conducted entirely within buildings.
      (8)   Club or lodge halls.
   (b)   Accessory Uses Permitted. 
      (1)    Accessory uses on the same lot with and customarily incidental to a permitted use except that the Board of Appeals may authorize required parking space to be supplied on an adjacent lot or lots within 200 feet of the permitted use.
      (2)   Signs, as provided in a C-2 district.
   (c)   Special Permit Uses. 
      (1)   Uses. Gasoline stations and other drive-in uses, provided that no yards shall be used for the dismantling of motor vehicles for the sale of used parts or for the storage of unused motor vehicles, machinery or scrap materials.
      (2)   Standards. Such uses shall have not less than 100 foot frontage and 150 foot depth, where such use abuts any residential district a solid fence or evergreen hedge not less than four feet high shall be provided. The use so designed as not to interfere with the peaceful enjoyment of such residential properties by reason of lights, noise or other physical factors.
         A.   Hotels, auto courts. Same as subsection (c)(1).
         B.   Automobile show rooms and sales. No service display or parking area shall be part of any required yard space. Lights shall be so arranged as not to interfere with the peaceful enjoyment of any adjacent residential properties.
   (d)   Yard and Lot Requirements.   
      (1)   Maximum lot area. For gasoline stations and other drive-in uses - 15,000 square feet. For other uses - 8,000 square feet.
      (2)   Minimum lot width. For gasoline station and other drive-in uses - 100 feet. For other uses - fifty feet.
      (3)    Minimum lot area per family. Same as R-2 zone.
      (4)   Minimum yards. 
         A.   For residential use. Same as in R-2 district.
         B.   For all other uses:
            1.   Front yard, thirty-five feet.
            2.   Side yards. Adjoining commercial or industrial district - None, but if provided must equal one-half of the height of building.
            3.   Adjoining residential area, thirty feet.
            4.   Rear yards. Adjoining commercial or industrial district, twenty feet.
            5.   Adjoining residential district, fifty feet.
            6.   Screens. Any side or rear yard abutting a residential district shall be provided with a solid fence or evergreen hedge as determined by the Board of Appeals.
   (e)   Maximum Building Height. Thirty-five feet.
   (f)   Maximum Lot Coverage. Thirty percent (30%).
(Ord. 68-5938. Passed 1-3-68.)

1145.12 LIGHT INDUSTRIAL DISTRICT (M-1).

   (a)   Principal Uses Permitted.
      (1)    Any uses permitted in a C-1 district.
      (2)    Wholesale businesses including storage of materials in buildings or in yards surrounded by a solid or chain link fence or evergreen hedges not less than six feet in height.
      (3)    Cold storage plant, ice plant, creamery, ice cream plant, bottling or central distributing station, baking plant, dyeing plant.
      (4)    Mechanical or industrial operations performed entirely within buildings which do not produce noise, vibration, dust, smoke, odor, steam or effluents exceeding the general level of such potential nuisances at the property line.
      (5)    Laundry, dry cleaning plant.
      (6)    The sale, service and repair of new or used automobiles providing no automobile dismantling is performed within buildings.
   (b)   Accessory Uses Permitted. 
      (1)   Any uses customarily incidental to the above except signs.
      (2)    Any sign other than self-illuminating signs or signs employing intermittent lighting or moving devices, providing that such signs are no higher than eighteen feet above grade. The above height limitation shall not apply to signs identifying the use conducted in a building, and erected flat against the wall thereof.
   (c)   Special Permit Uses. 
   (d)   Lot and Yard Requirements. 
      (1)   Minimum lot area. 6,000 square feet.
      (2)   Minimum lot width. Fifty feet.
      (3)   Minimum lot area per family. No new residential uses permitted. Existing residential lots shall not be reduced by severance to contain less than 4,000 square feet for first dwelling unit and 2,000 square feet for each additional dwelling unit.
      (4)   Minimum yards.
 
On sides adjoining
Residential Zone
 
Other
A.   Front
25 feet
A distance equal to the height of the building but not less than 12 feet.
B.   Rear
50 feet
Same
C.   Side
50 feet
Same
 
   (e)   Maximum Building Height. Thirty-five feet except that structure housing processing equipment may be extended to any necessary height.
   (f)   Maximum Lot Coverage. Fifty percent (50%).
   (g)   Screens, Plantings, Etc. Light industrial uses adjacent to a residential district shall provide a screen of solid fence, and/or evergreen planting meeting the approval of the Board of Appeals. (Ord. 68-5938. Passed 1-3-68.)

1145.13 HEAVY INDUSTRIAL DISTRICT (H-1).

   (a)   Principal Uses Permitted.
      (1)   Any commercial or industrial use except one which produces odor, air pollution, noise, or vibration, exceeding levels currently prevalent at the nearest boundary of the industrial zone; or which is unduly hazardous because of processes or material handled; and except the following uses:
         A.   Abattoirs and slaughter houses.
         B.   Explosive manufacturing or storage.
         C.   Garbage or dead animal reduction or dumping.
         D.   Junk yards.
      (2)    Parking lots.
      (3)   Signs not exceeding in square feet the number of front feet of the lot and not exceeding more than eighteen feet above the curb line or extending over any public right-of-way. The use of moving devices or intermittent lighting is prohibited.
   (b)   Accessory Uses Permitted.   
      (1)    Any accessory use relating to a legal use of the lot.
   (c)   Special Permit Uses.
      (1)   Use. Any commercial or industrial use not otherwise permitted except signs.
      (2)   Standards. The Board of Appeals shall consider possible adverse effects on existing or permissible uses in the City and its adjacent areas and may prescribe measures to reduce or eliminate any such adverse effect.
   (d)   Lot and Yard Requirements.   
      (1)    Minimum lot area, 6,000 square feet.
      (2)    Minimum lot width, fifty feet.
      (3)    Minimum yards.
 
On sides adjoining
Residential Zone
 
Other
A.   Front   
50 feet
A distance equal to the height of structure
B.   Rear
50 feet
Same
C.   Side
50 feet
Same
 
   (e)   Maximum Building Height. Sixty feet, except that structure housing necessary processing equipment may be extended to any necessary height.
   (f)   Maximum Lot Coverage. Fifty percent (50%).
(Ord. 68-5938. Passed 1-3-68.)

1145.14 INDUSTRIAL PARK DISTRICT (IP).

   (a)   Principal Uses Permitted. In the IP zone all operations shall be conducted within buildings or behind such planting screens or solid fences as the Board of Appeals may approve.
      (1)    Any use permitted in a C-1 district, but not including special permit uses.
      (2)    Retail or wholesale establishments, storage warehouses, and the manufacture, processing, or assembling of goods provided that no objectionable noise, odor, dust, smoke, fumes, gas or vibration is noticeable outside the district boundary.
      (3 )    Laboratories and office. Note: Automobile wrecking, salvage, and baling of junk or rags shall be prohibited in this district. No new residences shall be permitted.
   (b)   Accessory Uses Permitted. 
      (1)    Any uses customarily incidental to the above except signs.
      (2)    Self-illuminating signs or signs employing intermittent lighting or moving devices, shall be prohibited.
      (3)   Permitted signs shall relate to the use conducted on the property and shall not exceed eighteen feet in height above grade, when free-standing or thirty feet when attached to buildings. No sign shall be set closer than twelve feet to a property line.
   (c)   Special Permit Uses. 
      (1)   Use. Gasoline service stations.
      (2)   Standards. No service station shall be extended or be placed closer than fifteen feet to a property line. No dismantling of vehicles or storage of parts will be conducted except within closed structures.
   (d)   Lot and Yard Requirements.  
      (1)   Minimum lot area, 20,000 square feet.
      (2)    Minimum lot width, 100 feet (measured at the thirty foot set-back line)
      (3)    Minimum lot area per family. No existing residential lot shall be reduced so as to provide less than the requirements of the R-3 district.
      (4)    Minimum yards.
         A.   Front yard, thirty feet.
         B.   Rear yard, thirty feet, but where such lot is adjacent to any R district the rear yard shall be fifty feet.
         C.    Side yard, twenty-five feet, but where such lot is adjacent to any R district the side yard shall be fifty feet.
   (e)   Maximum Building Height. No building shall exceed a height of forty feet, except that any building may exceed the limit by one foot for every foot by which the applicable minimum required yard is exceeded.
   (f)   Maximum Lot Coverage. Twenty-five percent (25%).
   (g)   Landscaping.
      (1)   No permit for the construction of a building in the industrial park district shall be issued until the plans for such development have been submitted to the Board of Appeals that adequate landscaping be provided and permanently maintained on the premises so that the general attractiveness and character of the surrounding area is maintained and that noise, odors, dust, smoke or fumes are properly screened off from surrounding areas.
      (2)   A solid fence and/or evergreens planted not less than four feet high shall be provided wherever a lot in this district borders on any R district.
         (Ord. 68-5938. Passed 1-3-68.)

1145.15 PROHIBITED USES.

   Notwithstanding anything in this Chapter 1145 to the contrary, the commercial sale or commercial manufacture for sale of a firearm, firearm components, deadly weapons, ammunition for a firearm, explosive device, incendiary device, ballistic knife, dangerous ordinance or explosive is prohibited in all Residential Districts. The terms set out in this Section 1145.15  shall have the same meaning as the defined terms set out in the Ohio R.C. 2923.11 in effect on the date of the passage of this section or as subsequent amended or modified in the Ohio Revised Code. (Ord. 2010-0912. Passed 9-8-10.)

1145.16 FENCES.

   (a)   In Heavy Industrial Districts (H-1) and Light Industrial Districts (M-1) all existing fence(s) shall provide a screen of solid fence or slats in the fence if a chain link fence(s) exists on the property.
   (b)   Property owners shall maintain the fence(s) on their property and keep it free from noxious weeds or other undesirable vegetation and or grasses.
   (c)   Any new fence(s) erected on properties must immediately conform and be in compliance with the guidelines set forth in this section.
(Ord. 2010-0932. Passed 11-17-10.)

1149.01 OFFICE OF ZONING ADMINISTRATOR.

   (a)   Office and Appointment. There is hereby established the office of Zoning Administrator who shall be the Building Inspector or other official designated by Council.
   (b)   Powers and Duties.
      (1)   Enforcing official. The Zoning Administrator shall administer the Zoning Ordinance and have the powers and duties prescribed herein.
      (2)   Right to enter and examine. The Zoning Administrator shall have the right at any reasonable time to enter upon any premises for the purpose of making inspection of buildings or premises necessary to carry out his duties.
      (3)   Stop work orders. Whenever any construction work is being done contrary to the provisions of this Zoning Ordinance, or a permit issued under it, the Zoning Administrator may order the work stopped by notice in writing, served on anyone engaged in such work, or causing such work to be done; and any such person shall forthwith stop such work until authorized by the Zoning Administrator to proceed.
         (Ord 68-5938. Passed 1-3-68.)

1149.02 BOARD OF APPEALS.

   (a)   Continuation of Existing Board. The Board of Appeals heretofore established shall be continued as the Campbell Board of Appeals, and the members heretofore appointed continued in office for the remainder of their unexpired terms. Future appointments shall be made in accordance with provisions of the Ohio Revised Code.
   (b)   Powers and Duties. The Board of Appeals shall have all powers and duties prescribed by the Ohio Revised Code and by the Zoning Ordinance which powers and duties are summarized and more particularly specified as follows, provided that none of the following provisions shall be deemed to limit any power of the Board of Appeals that is conferred by general law. In exercising such powers, the Board of Appeals may, in conformity with the provisions of the Zoning Ordinance, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as in its opinion ought to be made.
      (1)   Interpretation. To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by an administrative official in the enforcement of the Zoning Ordinance or of any ordinance adopted pursuant thereto.
      (2)   Special exceptions. To hear and decide special exceptions to the terms of the Zoning Ordinance upon which such Board is required to pass under the Zoning Ordinance. With respect to all such uses, the standards contained below and elsewhere in the Zoning Ordinance, shall govern the Board of Appeals in its consideration of applications.
         A.   The use shall be of such location, size and character that, in a general way, it will be in harmony with the appropriate and orderly development of the district in which it is situated and not be detrimental to the orderly development of adjacent districts.
         B.   The location and size of the use, the nature and intensity of the operations involved in or conducted in connection with it, its size, its pleasant layout, and its relation to streets giving access to it shall be such that both pedestrian and vehicular traffic to and from the use and the assembly of persons in connection with it will not be hazardous to the predominant residential or other prevailing character of the neighborhood; be incongruous therewith, or conflict with the normal traffic of the neighborhood, taking into account, among other things, convenient routes of pedestrian traffic, particularly children, relation to main traffic thoroughfares and to streets and road intersections and the general character and intensity of development of the neighborhood.
         C.   The location and heights of buildings, the location, nature and height of walls and fences and the nature and extent of landscaping on the site shall be such that the use will not impair or discourage the appropriate development and use of adjacent land and buildings or impair the value thereof.
         D.   Board may establish conditions: In acting on any application for a special exception, as provided therein, the Board of Appeals may impose any conditions that it deems necessary to accomplish the reasonable application of the foregoing standards and may deny any such application, but only in accordance with the foregoing standards or the requirements for a particular use as stated in the Zoning Ordinance.
      (3)   Variance. To authorize upon appeal in specific cases such variance from the terms of this Zoning Ordinance as will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of the Zoning Ordinance will result in unnecessary hardship, and so that the spirit of the Zoning Ordinance shall be observed and substantial justice done. All use variances granted by the Board of Appeals must be within the existing zone district of the property of the applicant to be affected by such variance. No use variance shall be granted that will usurp the powers of the Zoning Commission or the legislative authority of Council. In granting any variance, the Board shall prescribe any condition applying thereto that it may deem to be necessary or desirable. No variance in the strict application of any provisions of the Zoning Ordinance shall be granted by the Board of Appeals unless it finds:
         A.   That there are special circumstances or conditions fully described in the findings of the Board, applying to the land or buildings for which the variance is sought, which circumstances or conditions are peculiar to such land or buildings and do not apply generally to land or buildings in the neighborhood and have not resulted from any act of the applicant subsequent to the adoption of the Zoning Ordinance, whether in violation of the provisions hereof or not.
         B.   That for reasons set forth in the findings of the Board, the aforesaid circumstances or conditions are such that the strict application of the provisions of the Zoning Ordinance would deprive the applicant of the reasonable use of such land or building and the granting of the variance is necessary for the reasonable use of the land or building, and that the variance as granted by the Board is the minimum variance that will accomplish this purpose.
         C.   That the granting of the variance will be in harmony with the general purpose and intent of the Zoning Ordinance, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.
   (c)   Appeals and Application.
      (1)   Procedure. Appeals to the Board of Appeals may be taken by a person aggrieved or by any City officer affected by a decision of the Zoning Administrator. Such appeal shall be taken within a reasonable time as provided by the rules of the Board, by filing with the officer from whom the appeal is taken and with the Board of Appeals a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken. Applications for special exceptions are not appeals and shall be made directly to the Board on receipt of notice to this effect from the Zoning Administrator.
      (2)   Applications. All appeals and applications made to the Board of Appeals shall be in writing, on forms prescribed by the Board and approved by Council and each appeal or application shall fully set forth the circumstance of the case. Every appeal or application shall refer to the specific provision of the Zoning Ordinance involved and shall exactly set forth, as the case may be the interpretation that is claimed, the use for which the exception is sought, or the details of the variance that is applied for, and the ground on which it is claimed that the same should be granted. Appeals and applications for the special exceptions shall be accompanied by a fee equal to the cost of the required public notice and on forms appended to the Zoning Ordinance.
      (3)   Notification to Planning Commission. At least ten days before the date of the hearing required by law on an application or appeal, to the Board of Appeals, the secretary of said Board shall transmit to the secretary of the Planning Commission a copy of said application or appeal, together with a copy of the notice of the aforesaid hearing, and the Planning Commission may submit to the Board of Appeals an advisory opinion on said application or appeal.
      (4)   Decisions. Every decision of the Board of Appeals shall be recorded in accordance with standard forms adopted by the Board and appended to the Zoning Ordinance which shall fully set forth the circumstances of the case and the findings on which the decision is based. Every decision of the Board shall be by resolution and each such resolution, together with any maps or plans or specifications relating thereto, shall be filed in the City offices by case number under one or another of the following headings:
   Interpretations - Special permits - Variance - together with all documents pertaining thereto.
      (5)    Notification of Zoning Administrator. The Board of Appeals shall notify the Zoning Administrator of its decision in each case. The Board of Appeals shall make annual reports to Council.
         (Ord. 68-5938. Passed 1-3-68.)

1153.01 PERMITS AND OTHER AUTHORIZATION TO CONFORM.

   (a)   Compliance. No Board, agency, officer or employee of the City shall issue, grant, or approve a permit or other authorization, including special permits and variance by the Board of Appeals, for any construction, reconstruction, alteration, enforcement, or moving of any building or for any use of land or buildings that would not be in full compliance with the provisions of the Zoning Ordinance.
   (b)   Permits Void if Non-compliance Exists. Any such permit or other authorization issued, granted, or approved in violation of the provisions of the Zoning Ordinance shall be null and void and of no effect, without the necessity of any proceedings for revocation or nullification thereof, and any work undertaken or use established pursuant to any such permit or other authorization shall be unlawful, and no action shall be taken by any Board, agency, officer or employee of the City purporting to validate any such violation.
(Ord. 68-5938. Passed 1-3-68.)

1153.02 BUILDING PERMITS.

   (a)   When Required. No building permit shall be issued until the Zoning Administrator has certified thereon that the proposed building, structure, or alteration and the proposed use thereof comply with the terms of the Zoning Ordinance.
   (b)   Information Required. Every application for a building permit shall be accompanied by a plot plan to scale showing:
      (1)   The lot upon which the building is proposed to be erected, or on which it is situated in an existing building.
      (2)   Lot dimensions, lot and block numbers and subdivision’s name, if any.
      (3)   Names and widths of abutting streets.
      (4)   Locations, dimensions and uses of any existing building on the lot and within 100 feet of the proposed structure, and approximate location of any other building on the lot.
      (5)   Locations, dimension and proposed uses of buildings for which the permit is sought.
      (6)   Dimensions of yards in relation to the building for which the permit is sought and distance from the proposed building from any existing building within 100 feet on the same lot.
   (c)   Complete and Understandable Information. No application for a building permit shall be accepted by the Zoning Administrator, unless all the information required on the accompanying plat has been furnished by the applicant in clearly understandable form.
   (d)   Fee. Fees as specified by Council shall be required.
   (e)   Time Limit on Approvals. If the building permit shall expire or be revoked in the enforcement of the Building Code, the zoning approval shall likewise lapse (i.e., 6 months).
(Ord. 68-5938. Passed 1-3-68.)

1153.03 OCCUPANCY PERMITS.

   (a)   Generally. There is hereby adopted the requirement for an occupancy permit. No occupancy or change of use shall take place until an occupancy permit has been signed by the Building Inspector and the Zoning Administrator.
   (b)   When Required. None of the following occupancies or changes of use shall take place until an occupancy permit has been signed by the Building Inspector and Zoning Administrator:
      (1)   Occupancy of a vacant lot or building hereafter erected or altered, used in whole or in part for any purpose whatsoever, and change of use hereafter made on any land or in any building or part thereof.
      (2)   Occupancy and use of a building hereafter moved or altered so as to require a building permit.
      (3)   Change in the use of an existing building other than to a use of the same type.
      (4)   Occupancy and the use of vacant land.
      (5)   Change in the use of land except to another use of the same type.
      (6)   Any change in use of a nonconforming use.
   (c)   Procedure for Uses When Building Permit is Required. When the building is ready for occupancy, a written request for an occupancy permit may be submitted to the Zoning Administrator on a form provided by the City, after the construction authorized in the building permit has been completed or has progressed to an extent that compliance with the terms of the building permit is ascertainable. If the proposed use is in conformity with the provisions of the Zoning Ordinance and all other applicable laws and ordinances, within one week following the receipt of such a request the Zoning Administrator shall issue such a certificate. If such request is denied, the Zoning Administrator shall issue the applicant a written statement containing the reasons for such denial.
   (d)   Procedures for Uses Not Involving Building Permit. 
      (1)   Written application for an occupancy permit for the use of vacant land, for a change in the type of use of land, or a building, or for change of use of a non-conforming use as provided herein, shall be made to the Zoning Administrator.
      (2)    If the proposed use is in conformity with the provisions of the Zoning Ordinance and of all other applicable laws and ordinances, the occupancy permit therefor shall be issued within one week following the receipt of such a request.
      (3)    If such a request is denied, the Zoning Administrator shall issue the applicant a written statement containing the reasons for such denial.
      (4)    Fees. Fees for occupancy permits shall be as follows:
            $3.00 for vacant land
            $2.00 for residence buildings
            $20.00 for commercial buildings
   (e)   Certificate Required for Continued Occupancy. Every occupancy permit shall state that the building or the proposed use of a building or land complies with all provisions of law and of the Zoning Ordinance, and of all other ordinances of the City. An occupancy permit shall be deemed to authorize, and is required for both initial and continued occupancy and use of the building or land to which it applies and shall continue in effect so long as such building and the use thereof, or the use of such land be in full conformity with the provisions of the Zoning Ordinance and any requirements made pursuant thereto.
   (f)   The application for certificate of occupancy and compliance shall be filed with the Building Inspector and the Zoning Administrator, in writing, and shall be issued or refused in writing, for cause, within seven days following the receipt of such request for certificate of occupancy.
   (g)   A record of all such certificates shall be kept in the office of the Building Inspector and Zoning Administrator, and copies shall be furnished on request to any person having a proprietary or tenancy interest in the property. Buildings accessory to dwellings, when completed at the same time shall not require a separate certificate of occupancy.
   (h)   Prior to the issuance of a certificate of occupancy and compliance, a temporary certificate may be used for a period not exceeding six months, permitting a partial occupancy of a building pending its completion. Such temporary certificates shall be issued only under such restrictions and provisions imposed by the Building Inspector and Zoning Administrator and contained therein as will adequately insure the safety of the occupants. Such temporary certificate shall be revoked by the Building Inspector and Zoning Administrator if prior to its completion, the building fails to conform to the provisions or ordinances of the City.
   (i)   Violations. On the serving of notice of any violation to any building or the use thereof or of land as provided in this section, the occupancy permit for such use shall thereupon, without further notice, become null and void, and a new occupancy permit shall be required for any further use of such building or land.
   (j)   Duplicate Copies. Duplicate copies of every occupancy permit shall be kept in the office of the Building Inspector and copies shall be furnished on request and on payment of copying costs, to any person having a proprietary or tenancy interest in the building or land affected.
(Ord. 60-2963. Passed 1-20-60; Ord. 68-5945. Passed 2-7-68.)

1153.04 NONCONFORMING USES.

   (a)   Lawful Uses may Continue. Except as otherwise provided in this section, the lawful uses of land or buildings existing at the time of adoption of the Zoning Ordinance, may be continued, even though such use does not conform to the regulations specified by the Zoning Ordinance for the district in which such land is located.
      (1)   Any lawful use existing at the time of the adoption of the Zoning Ordinance, or any amendment thereof which, if newly created under the Zoning Ordinance, would require a special permit in the district in which it is situated may be continued and shall be deemed to be a conforming use, but any modification, change, or extension thereof shall be subject to the issuance of a special permit as provided in the Zoning Ordinance.
   (b)   Regulations Controlling Non-conforming Uses of Land. 
      (1)    Enlargement. No nonconforming use shall be enlarged or extended off the lot occupied by such use at the time of the adoption of the Zoning Ordinance or shall be enlarged or extended to occupy any part of a required yard.
      (2)    Change of intensification of use. No nonconforming use may be changed by the addition or substitution of other processes or operations except on a determination of the Board of Appeals that the changes would make the use conform more closely to the spirit of the Zoning Ordinance.
      (3)    Movement. No non-conforming use shall be moved in whole or in part to any other portion of the lot occupied at the time of the adoption of the Zoning Ordinance, except on a determination of the Board of Appeals that the changes would make the use conform more closely to the spirit of the Zoning Ordinance and the character of the immediate neighborhood.
      (4)    Fencing junk yards. Regardless of any other provisions of the Zoning Ordinance, every junk yard existing as a non-conforming use shall within two years after becoming nonconforming be completely enclosed within a continuous solid fence or evergreen hedge found on a determination of the Board of Appeals to be of such height and character as to screen all operations of such establishment and which fence or hedge shall be maintained in full conformity with any conditions attached to such approval.
      (5)    Cessation of land use. If any non-conforming use of land ceases for any continuous period of not less than two years for any reason other than direct participation of owner or tenant in military service or act of God, any subsequent use of such land shall be in conformity to the regulations specified by the Zoning Ordinance for the district in which such land is located.
   (c)   Regulations Controlling Nonconforming Structures and Uses.
      (1)   Change to other non-conforming uses. A non-conforming use of a building may be changed to another non-conforming use, which, in a determination of the Board of Appeals is of the same nature or conforms more closely to the character of the neighborhood.
      (2)   Alteration. No existing building occupied by a non-conforming use shall be enlarged, extended, reconstructed or structurally altered in order that a non-conforming use may be extended.
      (3)   Movement. No non-conforming building shall be moved in whole or in part to any other portion of the lot and continued to be used unless the Board of Appeals shall make a determination that such movement is in keeping with the spirit of the Zoning Ordinance, and contributes to public safety or welfare, and shall give a special permit therefor.
      (4)   Cessation of building use. If any non-conforming use of a building ceases for any reason for a continuous period of not less than two years, for any reason other than direct participation of owner or tenant in military service, or if the building in or in which such use is conducted or maintained is moved for any distance without approval of the Board of Appeals, then any future use of such building shall be in conformity to the regulations specified by the Zoning Ordinance for the district in which such building is located.
   If any building in or on which any non-conforming use is conducted or maintained is hereafter removed, the subsequent location and use of any building thereon shall be in conformity to the regulations specified by the Zoning Ordinance for the district in which such land is located.
      (5)   Destruction of nonconforming building. If at any time, in existence or maintained at the time of the adoption of this Zoning Ordinance, and not conforming to the regulations for the district in which it is located shall be destroyed by any means to an extent that the remaining value is less than fifty percent (50%) of the assessed valuation the immediate area occupied by said building shall thenceforth be subject to all the regulations specified by this Zoning Ordinance for the district in which such land and buildings are located.
   (d)   Removal of Nonconforming Signs. Regardless of any other provisions of this Zoning Ordinance, every sign which, after the adoption of this Zoning Ordinance, exists as a non- conforming use in any district shall be discontinued and removed or changed to a use permitted in the respective district not later than five years after the adoption of this Zoning Ordinance.
(Ord. 68-5938. Passed 1-3-68.)

1153.05 REQUIREMENTS FOR ZONE CHANGES AND VARIANCES; PERMIT FEES.

   (a)   The requirements for a Zone Change shall be as follows:
      (1)   Letter of intent from property owner or authorized agent requesting the zone change. All individuals in ownership must be a party to the request.
      (2)   Legal description of property to be changed.
      (3)   Two (2) copies of area map.
      (4)   List of abutting property owner’s mailing addresses.
      (5)   Non refundable filing fee in the amount of one hundred seventy-five dollars ($175.00).
   (b)   The requirements for a Variance or appeal shall be as follows:
      (1)   Letter of intent for variance. Letter of appeal of Zoning Commissioner’s decision stating errors, in any order, requirement, or determination in enforcement of the Zoning Ordinance.
      (2)   Area Map showing property in question as well as abutting properties.
      (3)   List of abutting property owner’s mailing addresses.
      (4)   Non refundable filing fee in the amount of one hundred twenty-five dollars ($125.00).
      (5)   Plot plan showing variance requested.
      (6)   If variance is granted, there will be a thirty day waiting period before any Zoning permits can be issued.
   (c)   Zoning Permit Fees shall be set as follows:
      (1)   Anything over $50.00 requires a Zoning permit. $1.00 to $1500.00 Fee: $5.00, $3.00 per $1,000 Valuation.
      (2)   Signs: $25.00 first 50 square feet, $.25 for every square foot after.
      (3)   $125.00 for Variance.
      (4)   $175.00 for Zone Change. (Ord. 96-8972. Passed 6-5-96.)

1153.06 REMEDIES OPEN TO ZONING ADMINISTRATOR.

   (a)   In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure, or land is used or any hedge, tree, shrub, or other growth is maintained, in violation of this Zoning Ordinance, or if any regulations made pursuant hereto in addition to other remedies provided by law, any appropriate action or proceedings whether by legal process or otherwise, may be instituted or taken to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure, land, or to prevent any illegal act, conduct, business or use in or about such premises.
   (b)   The remedies provided herein are cumulative and not exclusive and shall be in addition to any other remedies provided by law.
(Ord. 68-5938. Passed 1-3-68.)

1153.99 PENALTY.

   Whoever violates any provision of this Zoning Ordinance shall be fined not more than one hundred dollars ($100.00) per offense per day after notice and/or five hundred dollars ($500.00) per week. Each day such violation continues after notification by the Zoning Administrator shall constitute a separate offense.
(Ord. 68-5938. Passed 1-3-68; Ord. 2015-1108. Passed 4-22-15.)
CODIFIED ORDINANCES OF CAMPBELL