Coshocton City Zoning Code
TITLE THREE
Zoning Districts and Requirements
1113.01 CONFORMANCE.
Except as hereinafter specified, no land, building, structure, or premises shall hereafter be used, and no building or part thereof, or other structure, shall be located, erected, moved, reconstructed, extended, enlarged, or altered, except in conformity with the regulations herein specified for the district in which it is located. Such regulations include, but are not limited to, the following: the use of buildings, structures, or land, including performance standards for the control of any dangerous and objectionable elements, as defined herein, in connection with such use; the height, size, and dimensions of buildings or structures; the size or dimensions of lots, yards, and other open spaces surrounding buildings; the provision, location, size, improvement, and operation of off-street parking, loading, and unloading spaces.
(Ord. 4-62. Passed 3-12-62.)
1113.02 ADDITIONAL PERMITTED USES.
Uses other than those specifically mentioned in this chapter as permitted uses in each of the districts also may be allowed therein, provided that, in the judgment of the Board, as evidenced by resolution of record, such other uses are of similar character to those mentioned and will have no adverse influence or no more adverse influence on adjacent properties or the neighborhood or the community than the permitted uses specifically mentioned for the district.
(Ord. 4-62. Passed 3-12-62.)
1113.03 ADDITIONAL PROHIBITED USES.
Uses other than those specifically prohibited in this chapter in any district shall also be prohibited therefrom, provided that, in the judgment of the Board, as evidenced by resolution of record, such other uses are similar in character to those specifically prohibited in that they would have similar or more serious adverse influence on adjacent properties, the neighborhood, or the community than the uses specifically mentioned as prohibited in the district.
(Ord. 4-62. Passed 3-12-62.)
1113.04 CONVERSION OF DWELLINGS.
The conversion of any building into a dwelling, or the conversion of any dwelling so as to accommodate an increased number of dwelling units of families, shall be permitted only within a district in which a new building for similar occupancy would be permitted under this chapter, and only when the resulting occupancy will comply with the requirements governing new construction in such district, with respect to minimum lot size, lot area per dwelling unit, percentage of lot coverage, dimensions of yards and other open spaces, and off-street parking. Each conversion shall be subject also to such further requirements as may be specified hereinafter within the chapter applying to such district. The aforesaid requirements with respect to lot coverage, yards, and other open spaces shall not apply in case the conversion will not involve major exterior structural changes and in case:
(a) There is either a shortage of not more than ten percent (10%) in the required dimensions or area of each of not more than two such requirements as to coverage, yards, and other open spaces; or
(b) The conversion will result in lot area, per dwelling unit or family, at least twenty percent (20%) greater than required for new buildings in the district.
(Ord. 4-62. Passed 3-12-62.)
1113.05 REAR DWELLINGS.
No building in the rear of a principal building on the same lot shall be used for residential purposes unless it conforms to all the yard and other open space and off-street parking requirements of this code, and for the purpose of determining the front yard in such cases, the rear line of the required rear yard for the principal building in front shall be considered the front line for the building in the rear. In addition, there must be provided for any such rear dwelling, an unoccupied and unobstructed accessway not less than ten feet wide to a public street for each dwelling unit in such dwelling, or one not less than 30 feet wide for three or more dwelling units.
(Ord. 4-62. Passed 3-12-62.)
1113.06 TRANSITIONAL USES IN R DISTRICTS.
In any R-1, R-2, or R-3 District a transitional use shall be permitted on a lot, the side Lot line of which adjoins either directly or across an alley any B or M District. The permitted transitional uses for any lot in an R-1 District shall be any use permitted in the R-2 District, for any lot in an R-2 District, any use permitted in the R-3 District. In the case of any such lot in an R-1 or R-2 District, the requirements governing lot area per dwelling unit, off-street parking, yards, and other open spaces shall be the same as for the next following less restricted district listed in Chapters 1117, 1119 and 1121. Any transitional use authorized under this chapter shall not extend more than 100 feet from the side lot line of the lot abutting on the zoning district boundary line.
(Ord. 4-62. Passed 3-12-62.)
1113.07 YARDS ALONG DISTRICT BOUNDARY.
Along any zoning boundary line, on a lot adjoining such boundary line in the less restricted district, any abutting side yard, rear yard, or court, unless subject to greater restrictions or requirements stipulated by other provisions of this chapter, shall have a minimum width and depth equal to the average of the required minimum width or depth for such side yards, rear yards, or courts in the two districts on either side of such zoning boundary line. In cases where the height of a proposed structure on such lot in the less restricted district is greater than the maximum height permitted in the adjoining more restricted district, the minimum depth or width of the side yard, rear yard, or court for such structure shall be determined by increasing the minimum width or depth for the highest structure permitted in such more restricted district by one foot for each two feet by which the proposed structure exceeds the maximum height permitted in the more restricted district. (Ord. 4-62. Passed 3-12-62.)
1113.08 ACCESSORY USES IN R DISTRICTS.
(a) Generally. In any R District an accessory building may be erected detached from the principal building or may be erected as an integral part of the principal building, or it may be connected therewith by a breezeway or similar structure. Except as provided in Section 1145.07, no accessory building shall be erected in any required yard or court, except a rear yard, and shall not occupy more than thirty-five percent (35%) of a required rear yard. Accessory buildings shall be distant at least six feet from any dwelling situated on the same lot, unless an integral part thereof, at least six feet from any other accessory building and at least three feet from all lot lines of adjoining lots which are within any R District.
(b) Corner Lots. In any R District where a corner lot adjoins in the rear a lot fronting on the side street and located in an R District, no part of an accessory building on such corner lot within 25 feet of the common lot line shall be nearer a side street lot line than the least depth of the front yard required along such side street for a dwelling on such adjoining lot, and in no case shall any part of such accessory building be nearer to the side street lot line than the least width of the side yard required for the principal building to which it is accessory.
(c) Front Setback. No accessory use or structure in any R District, except an off-street parking area subject to the provisions of Chapter 1147, shall be permitted nearer to any front lot line than 60 feet, unless such use or structure is contained within or connected thereto, provided that in the case of a corner lot where choice by the owner of the longer street lot line has been approved as the front lot line, this requirement shall apply only to the distance of an accessory building from the shorter street lot line.
(d) Yard Requirements. Except as provided in Sections 1145.03 through 1145.06, an accessory building, if not located in the rear yard, shall be an integral part of, or connected with, the principal building to which it is accessory, and shall be so placed as to meet all yard and court requirements for a principal building of the same height and other dimensions as such accessory building.
(e) Without Main Building. In any R District no accessory building or structure shall be erected or constructed prior to the erection or construction of the principal or main building.
(Ord. 4-62. Passed 3-12-62.)
1113.09 MINIMUM GROUND FLOOR AREA.
(a) One-Story Dwellings. A one-story dwelling shall contain not less than 750 square feet of usable ground floor area, exclusive of open porches, garages, carports, or steps.
(b) One and One-Half and Two-Story Dwellings. A story and one-half or two-story dwelling shall contain not less than 650 square feet of ground floor area, exclusive of open porches, garages, carports, or steps.
(Ord. 4-62. Passed 3-12-62.)
1113.10 PERFORMANCE STANDARDS; COMPLIANCE.
Even though compliance with performance standards' procedure in Chapter 1157 may not be expressly required for a particular use, initial and continued compliance with performance standards is required of every use.
(Ord. 4-62. Passed 3-12-62.)
1113.11 STREET FRONTAGE.
Except as permitted by other provisions of this chapter, no lot shall contain any building used in whole or part for residential purposes unless such lot abuts for at least 20 feet on a street. There shall be not more than one single-family dwelling for such frontage.
(Ord. 4-62. Passed 3-12-62.)
1113.12 TRAFFIC VISIBILITY ACROSS CORNER LOTS.
In any R District on any corner lot, no fence, structure, or planting shall be erected or maintained within 20 feet of the corner (the point of intersection of the right-of-way line) which interferes with traffic visibility across the corner.
(Ord. 4-62. Passed 3-12-62.)
1113.13 REDUCTION OF AREA OR SPACE.
No lot, yard, court, parking area, or other space shall be reduced in area or dimension so as to make such area or dimension less than the minimum required by this chapter. No part of a yard, court, parking area, or other space provided about or for any building or structure for the purpose of complying with the provisions of this chapter shall be included as part of a yard, court, parking area, or other space required under this chapter for another building or structure.
(Ord. 4-62. Passed 3-12-62.)
1113.14 OFF-STREET PARKING AND LOADING.
In every district spaces for off-street parking and for off-street loading and unloading shall be provided in accordance with the provisions of Chapter 1147.
(Ord. 4-62. Passed 3-12-62.)
1113.15 ENCROACHING GARAGE DOORS.
Every garage building or portion of a main building used for garage purposes shall be so equipped that the doors when open or being opened will not project beyond any lot line of the lot on which such building is located. When such doors open to an alley, the wall or portion thereof containing such doors shall be at least six feet from the line forming the common boundary between such lot and the alley.
(Ord. 4-62. Passed 3-12-62.)
1113.16 ESSENTIAL SERVICES.
Essential services shall be permitted as authorized and regulated by law and other ordinances of the City, it being the intention hereof to exempt such essential services from the application of this chapter.
(Ord. 4-62. Passed 3-12-62.)
1113.17 UNSAFE BUILDINGS.
Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by proper authority.
(Ord. 4-62. Passed 3-12-62.)
1113.18 PENDING APPLICATIONS FOR BUILDING PERMITS.
Nothing herein contained shall require any change in the overall layout, plans, construction, size, or designated use of any development, building, structure, or part thereof for which official approvals and required building permits have been granted before the enactment of this chapter the construction of which shall have been started within three months after the effective date of this chapter.
(Ord. 4-62. Passed 3-12-62.)
1113.19 PARKING TRUCKS IN COMMERCIAL AND RESIDENTIAL DISTRICTS.
(a) No vehicle having more than four (4) wheels, shall be parked on any street in any Residential District except for the purpose of making a delivery. Commercial trucks weighing more than 15,000 pounds may not be operated on any street in a Residential District unless it is making a delivery. This section shall not prohibit the use of a Uhaul type truck being used for moving purposes. This section does not prohibit any city, county or state vehicles, vehicles being used for maintenance or trash pickup services or contracted services.
(b) Upon streets where angle parking is permited, no person shall stop, stand or park a vehicle other than entirely within the limits of the space, with the wheel nearest the curb or edge of paved surface at no more than twelve (12) inches from such curb or edge of paved surface, and at the angle to the curb or edge of the roadway as is indicated by appropriate markings on the pavement and signs.
(c) No person shall park a vehicle with the front tires on the curb or sidewalk in an effort to make the vehicle fit into the space marked for the parking.
(Ord. 29-19. Passed 5-28-19.)
1113.20 TRAILERS, MOBILE OR MANUFACTURED HOME.
No trailer, mobile home or manufactured home shall be permitted in any district within the City except in an approved trailer park as set forth in Chapter 1149.
(Ord. 24-13. Passed 5-13-13.)
1113.99 PENALTY.
All violations of this chapter are a minor misdemeanor, the penalty of which are as set forth in the Ohio Revised Code.
(Ord. 32-19. Passed 5-28-19.)
1115.01 DISTRICTS ESTABLISHED.
(a) Division into Districts. For the purpose of this chapter, the City is divided into nine categories of zoning districts.
(b) Designation of Districts. Such nine districts are designated as follows:
Residence Districts
R-1 One-Family Residence District
R-2 One and Two-Family Residence District
R-3 Multi-Family Residence District
R-4 Planned Residential District
Nonresidence Districts
B-1 Neighborhood Business District
B-2 Downtown Business District
B-3 General Business District
M-1 Light Manufacturing District
M-2 General Manufacturing District
(Ord. 4-62. Passed 3-12-62.)
1115.02 MAP INCORPORATED; FILE COPY.
The several districts and boundaries thereof are adopted and established as shown on the Zoning Map of the City, which Map, together with all notations, references, data, district boundaries, and other information shown thereon shall be and is made a part of this chapter, and which Map, properly attested, shall remain on file in the office of the City Clerk and is so designated and dated, June 18, 1964.
(Ord. 40-64. Passed 11-9-64.)
Except where referenced on the Zoning Map to a street or alley line or other designated line by dimensions shown on the Map, the district boundary lines follow lot lines or the center lines of streets or alleys as they existed at the time of the adoption of this chapter, but where a district line obviously does not coincide with the lot lines or such center lines, or where it is not designated by dimensions, it shall be determined by scaling.
(Ord. 4-62. Passed 3-12-62.)
1115.04 DIVIDED LOT; EXTENSION OF DISTRICT.
Where a district boundary line established in this chapter or as shown on the zoning map divides a lot which was in single ownership at the time of enactment of this chapter, the use authorized thereon and the other district requirements applying to the least restricted portion of such lot under this chapter shall be considered as extending to the entire lot, provided the more restricted portion of such lot is entirely within 25 feet of such dividing district boundary line. The use so extended shall be deemed to be conforming.
(Ord. 4-62. Passed 3-12-62.)
1115.05 INTERPRETATION WHEN BOUNDARIES UNCERTAIN.
All questions concerning the exact location of district boundary lines shall be determined by the Board according to rules and regulations which may be adopted by it.
(Ord. 4-62. Passed 3-12-62.)
1115.06 VACATED STREET OR ALLEY.
Whenever any street, alley, or other public way is vacated by official action as provided by law, the zoning district adjoining the side of such public way shall be extended automatically, depending on the side or sides to which such lands revert, to include the right-of-way thus vacated, which shall thenceforth be subject to all regulations of the extended district.
(Ord. 4-62. Passed 3-12-62.)
1115.07 PROPERTY NOT INCLUDED; ANNEXED TERRITORY.
In every case where property has not been specifically included within a district, the same is declared to be in the R-l District. Territory annexed to or consolidated with the City subsequent to the effective date of this chapter shall, on the effective date of such annexation or consolidation, become a part of the R-1 District. Such districting shall be temporary and the Planning Commission shall recommend to Council, within a period of not to exceed six months from such date of annexation or consolidation, a final zoning map for the annexed territory.
(Ord. 4-62. Passed 3-12-62.)
1117.01 PRINCIPAL PERMITTED USES.
No building, structure, or land shall be used and no building or structure shall be erected, altered, or enlarged, which is arranged, intended, or designed for other than one of the following uses, except as provided in Chapter 1143.
(a) Residential. One-family detached dwellings.
(b) Institutional and Cultural. Churches and other places of worship and Sunday school buildings located not less than 20 feet from any other lot in any R District; schools and colleges for academic instruction located not less than 40 feet from any other lot in any R District, and public library, public museum, public art gallery, and similar public cultural uses located not less than 20 feet from any other lot in any R District.
(c) Recreational. Public parks, playgrounds, recreational and community center buildings and grounds, golf courses, country clubs, tennis courts, and similar recreational uses, all of a noncommercial nature, provided that any principal building used therefor shall be located not less than 40 feet from any other lot in any R District.
(d) Agricultural. Nurseries, greenhouses, and general farming, not including commercial animal farms or kennels, provided any lot or tract in such use shall be not less than five acres in area and provided that any greenhouse heating plant or any building in which farm animals are kept shall be distant not less than 200 feet from every lot line.
(Ord. 4-62. Passed 3-12-62.)
1117.02 CONDITIONALLY PERMITTED USES.
The following uses shall be permitted only if specifically authorized by the Board in accordance with the provisions of Chapter 1109:
(a) Recreational. Private noncommercial recreation areas and facilities not listed in Section 1117.01 including swimming pools, provided that no swimming pool shall be located nearer than 100 feet from any other lot in any R District.
(b) Utility Stations. Static transformer stations, booster stations, and other utility stations, when operating requirements necessitate locating in an R-l District in order to serve the neighborhood, provided there is no yard or garage for service or storage and, provided further, that the premises on which such utility station is erected and maintained shall be appropriately landscaped and screened so as to be in harmony with the general appearance of the neighborhood.
(c) P-R Planned Residential Development. The purpose of this section is to accommodate creative residential developments containing a variety of residential structures as regulated by Chapter 1123.
(Ord. 4-62. Passed 3-12-62; Ord. 75-80. Passed 11-24-80; Ord. 30-20. Passed 7-13-20.)
1117.03 ACCESSORY USES.
Accessory uses, buildings, or other structures customarily incidental to any aforesaid permitted or conditionally permitted uses may be established, erected, or constructed, provided that such accessory uses shall not involve the conduct of any business, trade, or industry, or any private way or walk giving access to such activity, or any billboard, sign, or poster other than hereinafter authorized, and shall not include the boarding of animals or the keeping of fowl or farm animals except in a building at least 100 feet distant from every lot line.
Accessory uses may include the following:
(a) (EDITOR’S NOTE: Former subsection (a) was rescinded by Ordinance 18-21, passed June 14, 2021.)
(b) Summer Houses and Servants' Quarters. Summer houses and living quarters of persons employed on the premises, without kitchen facilities and not rented or otherwise used as a separate dwelling.
(c) Parking Facilities. Garages, carports, or other parking spaces for the exclusive use of residents of the premises.
(d) Swimming Pools. Swimming pools, exclusively for the use of the residents, provided that such pools shall not be located closer than ten feet from any property line of the property on which located, the pump and filter installations shall be located not closer than twenty feet from any property line, and that such pool or the entire property on which it is located shall be so walled or fenced as to prevent uncontrolled access by children from the street or from adjacent properties. Pools used for swimming or bathing shall conform with this chapter, whether filled with water or not.
(1) Barrier.
A. Swimming pools shall be completely enclosed by a fence or physical barrier, which shall be a minimum of forty-eight inches in height. The height shall be measured on the side of the barrier which faces away from the swimming pool. Where the top of the pool structure is above the ground level, such as an aboveground pool, the barrier may be built from ground level and the pool structure shall serve as a component of the barrier or mounted on top of the pool structure. Where the barrier is mounted on top of the pool structure, the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be four inches, measured on the side of the barrier which faces away from the swimming pool. When the pool structure is in-ground, the maximum vertical clearance between the ground and the bottom of the barrier shall be two inches, measured on the side of the barrier which faces away from the swimming pool.
B. All gates or doors in a barrier surrounding an in-ground swimming pool shall be self-closing, self-latching and lockable. When the release mechanism of the self-latching device is located less than fifty-four inches from the bottom of the gate, the release mechanism shall be located on the pool side of the gate at least three inches below the top of the gate, and the gate and barrier shall have no opening greater than one-half inch within eighteen inches of the release mechanism.
C. On the side of the barrier facing away from the pool, the barrier shall be constructed without members that would create a ladder or otherwise permit or facilitate climbing up the barrier. Openings in the barrier shall not allow passage of a 4-inch diameter sphere.
D. Where the aboveground pool structure is used as a barrier, or the barrier is mounted on top of the pool structure, and the means of access is a ladder or steps, the ladder or steps shall be capable of being secured, locked or removed to prevent access, and shall not create an opening that allows the passage of a four inch diameter sphere. Otherwise, the ladder or steps shall have a surround which complies with the barrier requirements above. The ladder or steps shall be secured, locked, or removed when the pool is not in use.
(2) Exception. These regulations shall not apply to any pool thirty inches high or less.
(e) Real estate and Professional Signs. Real estate, small announcement, and professional signs subject to the provisions of Chapter 1151.
(Ord. 4-62. Passed 3-12-62; Ord. 30-20. Passed 7-13-20.)
1117.04 HEIGHT REGULATIONS.
No principal structure shall exceed 2-1/2 stories or 35 feet in height, and no accessory structure shall exceed one story or 15 feet in height, except as provided in Section 1145.02.
(Ord. 4-62. Passed 3-12-62.)
1117.05 LOT AREA, FRONTAGE, AND YARD REQUIREMENTS.
The following minimum requirements shall be observed for single-family dwellings not included in a P-R Planned Residential Development.
(a) Minimum lot area - 10,000 square feet.
(b) Minimum lot frontage - 50 feet.
(c) Minimum front yard depth - 30 feet.
(d) Minimum lot width - 75 feet.
(e) Minimum side yard width - ten feet with minimum sums of 25 feet in both widths.
(f) Minimum rear yard depth - 40 feet.
(g) Minimum floor area as follows:
Dwelling Type | Minimum Floor Area |
One or two bedroom | 1,000 sq. ft. |
Three bedroom | 1,200 sq. ft. |
Four bedrooms | 1,400 sq. ft. |
(Ord. 4-62. Passed 3-12-62; Ord. 75-80. Passed 11-24-80.)
1119.01 PRINCIPAL PERMITTED USES.
(a) General. All principal uses permitted and as regulated in the R-1 District, except as hereinafter specified.
(b) Residential. Two-family dwellings.
(c) Hospitals. Hospitals for human care, medical clinics for human care, and sanitariums provided that any hospital or sanitarium shall be at least 50 feet distant from any other lot in any R District.
(Ord. 28-17. Passed 10-12-17.)
1119.02 CONDITIONALLY PERMITTED USES.
(a) General. All conditionally permitted uses as regulated in the R-l District, except as herein after specified.
(b) Residential.
(1) Dwelling groups comprised of buildings containing not more than four families in any one building, subject to the requirements of this chapter and the provisions of Chapter 1155.
(2) Dwellings for any number of families located on a lot adjoining and within 100 feet of a less restricted district or on a lot abutting primary or secondary thoroughfares, as defined in Chapter 1103, provided all height, area and yard requirements for a four-family dwelling in an R-2 District are met.
(c) Hospitals. Any hospital for human care.
(Ord. 28-17. Passed 10-12-17.)
1119.03 ACCESSORY USES.
(a) General. Accessory uses or structures permitted and as regulated in the R-1 District, except that the raising or keeping of farm animals shall not be permitted on any lands used or platted for residential purposes.
(b) Professional Offices. The office or studio in the residence of a physician, dentist, artist, lawyer, engineer, teacher, architect, or other member of a recognized profession, but not including beauty parlors, barber shops, and schools of any kind with organized classes or similar activity, provided that not more than one-half of the floor area of one floor of the dwelling is devoted to such accessory use, that not more than one person not a resident on the premises is employed, that no such use shall require structural alterations or involve construction features not customary in dwellings, and that the entrance to such office or studio shall be from within the dwelling. An unlighted name plate only, of not over one square foot in area and attached flat against the building, shall be permitted.
(c) Home Occupations. Customary home occupations, such as handicraft, dressmaking, millinery, laundry, preserving, and home cooking, provided that such occupation shall be conducted exclusively by resident occupants, that not more than one-quarter of the area of one floor of such residence shall be used for such purpose, that no structural alterations or constructions involving features not customarily found in dwellings are required, and that the entrance to the space devoted to such use shall be from the dwelling. An unlighted sign only, of not over one square foot in area and attached flat against the building, shall be permitted.
(d) Roomers. The keeping of not more than three roomers or boarders by a resident family. (Ord. 4-62. Passed 3-12-62.)
1119.04 HEIGHT REGULATIONS.
Same as specified in the R-1 District.
(Ord. 4-62. Passed 3-12-62.)
1119.05 LOT AREA, FRONTAGE, AND YARD REQUIREMENTS.
The following minimum requirements shall be observed, except as otherwise provided herein:
Lot Area (Sq. Ft.) | Lot Frontage (Ft.) | Lot Area Per Family (Sq. Ft.) | Front Yard Depth (Ft.) | Side Yard Widths | Rear Yard Depths (Ft.) | ||
Least Width (Ft.) | Sum of Widths (Ft.) | ||||||
One-family dwellings 1-1/2 stories 2 and 2-1/2 stories | 5,000 5,000 | 50 50 | 6,000 6,000 | 20 20 | 6 8 | 15 20 | 35 35 |
Two-family dwellings 1 and 1-1/2 stories 2 and 2-1/2 stories | 6,000 6,000 | 50 50 | 3,000 3,000 | 20 20 | 8 10 | 20 25 | 40 40 |
Four-family dwellings 2 and dwelling groups | 10,000 | 60 | 2,500 | 20 | 10 | 25 | 40 |
Group homes | 15,000 | 100 | 20 | 20 | 40 | 40 | |
Hospitals | 2 acres | 150 | 20 | 12 | 30 | 40 | |
(Ord. 28-17. Passed 10-12-17.)
1121.01 PRINCIPAL PERMITTED USES.
(a) General. All principal uses permitted and as regulated in the R-1 and R-2 Districts, except as hereinafter specified.
(b) Residential. Multi-family dwellings for any number of families or housekeeping units.
(c) Apartment Hotels. Apartment hotels, lodging houses, or boarding houses for any number of guests, but not primarily for transients, including incidental accessory services, such as restaurant and newsstands, when conducted and entered from within the building, provided there is no exterior display or advertising, except for an indirectly illuminated announcement sign not exceeding six square feet in area, which, if not attached to the building, shall be distant at least ten feet from all street lines.
(d) Clinics. Clinics for human care, homes for the aged, or sanitariums.
(Ord. 28-17. Passed 10-12-17.)
1121.02 CONDITIONALLY PERMITTED USES.
(a) General. All conditionally permitted uses as regulated in the R-2 District except as hereinafter specified.
(b) Motels, Motor Hotels, and Tourist Homes. On premises only that front on a street officially designated as a state or federal highway, and subject to the provisions of Chapter 1149.
(c) Clubs. Private clubs, fraternities, lodges, and meeting places for other similar organizations, not including those that are customarily conducted as a gainful business, provided all buildings in which such organizations or activities are housed shall be located at least 20 feet from any other lot in any R District.
(d) Community Development Projects. Subject to the requirements of this chapter and the provisions of Chapter 1155.
(Ord. 4-62. Passed 3-12-62.)
1121.03 ACCESSORY USES.
Any accessory use or structure permitted and as regulated in the R-2 District, and any accessory use or structure customarily incident or accessory to a principal permitted use or conditionally permitted use in the R-3 District.
(Ord. 4-62. Passed 3-12-62.)
1121.04 HEIGHT REGULATIONS.
No principal structure shall exceed three stories or 40 feet in height, and no accessory structure shall exceed two stories or 25 feet in height, except as provided in Section 1145.02.
(Ord. 4-62. Passed 3-12-62.)
1121.05 LOT AREA, FRONTAGE, AND YARD REQUIREMENTS.
The following minimum requirements shall be observed, except as otherwise provided herein:
Lot Area (Sq. Ft.) | Lot Frontage (Ft.) | Lot Area Per Family (Sq. Ft.) | Front Yard Depth (Ft.) | Side Yard Widths | Rear Yard Depths (Ft.) | ||
Least Width (Ft.) | Sum of Widths (Ft.) | ||||||
One and two family dwellings | Same as R-2 | ||||||
Two-family dwellings 1 and 1-1/2 stories 2 and 2-1/2 stories 3 stories | 6,000 6,000 6,000 | 60 60 60 | 2,000 2,000 2,000 | 20 20 20 | 8 10 12 | 16 20 25 | 40 40 45 |
Group homes | 6,000 | 60 | 20 | 10 | 20 | 40 | |
Community development projects, three acres minimum | 2,000 | ||||||
(Ord. 4-62. Passed 3-12-62; Ord. 91-74. Passed 11-25-74.)
1123.01 PURPOSE.
It is the intent of this chapter to recognize and accommodate in a unified project creative and imaginative planned residential developments that provides flexibility in housing types while retaining the best interests of the City. In order to accomplish this purpose, it is the intention in establishing these regulations:
(a) To permit, in a planned residential development, a variety of dwelling types including single-family detached, clustered, and attached; townhouse and garden apartment types, but not exceeding six dwelling units per structure or an overall density of six dwelling units per acre;
(b) To permit the flexible spacing of lots and buildings in order to encourage the separation of pedestrian and vehicular circulation, the conservation of the natural amenities of the landscape, and the creation of functional and interesting residential areas; and
(c) To permit the economical distribution and use of such facilities as sanitary sewer, central water supply, and public and private streets.
(Ord. 76-80. Passed 11-24-80.)
1123.02 PERMITTED USES.
(a) Single-family detached dwellings.
(b) Single-family attached dwellings, where no more than five dwellings are contained in any one grouping of attached or continuous structures.
(c) Townhouse dwellings, where no more than six dwellings are contained in any one building, and not to exceed forty percent (40%) of the total number of dwelling units allowed in the overall project.
(d) Garden apartment dwelling where no more than two stories are involved or six dwellings are contained in any one building, and not to exceed twenty percent (20%) of the total number of dwelling units allowed in the overall project.
(Ord. 76-80. Passed 11-24-80.)
1123.03 AREA, YARD, AND HEIGHT REGULATIONS.
(a) Minimum Area for Development. An R-4 Planned Residential District shall contain a minimum of five acres. The acreage shal1 be contiguous in that it shall not be divided into segments by any limited access highway or any tract of land (other than roads, rights-of-way for pipelines, or electric transmission lines) not owned by the developer of the R-4 development.
(b) Maximum Overall Density of Residential Development of the Total Project Area. Six dwelling units per acre. The density of the cumulative total of all phases of a development, having been given final development plat approval, shall never exceed the maximum permissible density for the planned residential development as a whole.
(c) Minimum Lot Area for Single-Family Units on Individual Lots. Single-family, 10,000 square feet.
(d) Minimum Yard Requirements for Single-Family Units on Individual Lots.
(1) Front yard depth - 30 feet.
(2) Rear yard depth - 40 feet.
(3) Side yard width - ten feet with sum of 25 feet for both widths.
(4) Minimum lot frontage. All lots shall have a minimum frontage on a public thoroughfare of 50 feet.
(e) Minimum Lot Area and Yard Requirements for Single-Family Attached Dwellings.
(1) 7,260 square feet per dwelling unit.
(2) Front yard depth - 30 feet.
(3) Rear yard depth - 40 feet.
(4) Side yard width - ten feet adjacent to the nonattached sides of dwellings, zero feet between attached dwellings.
(5) Minimum lot frontage. Dwellings on individual lots shall have a frontage of 50 feet and dwellings grouped on a common parcel shall have a parcel frontage of 50 feet on a public thoroughfare or on a private street built to City paving materials standards and the provisions of Title Seven, Subdivision Regulations and Chapter 913 and the private street to be owned and maintained through duly recorded condominium ownership provisions.
(f) Minimum Yard Requirements for Townhouse and Garden Apartment Structures.
(1) Front, side, or rear yard depths for buildings adjacent to, fronting on, or backing on a public thoroughfare - 40 feet.
(2) All detached residential buildings shall be separated from one another by a minimum distance of 25 feet.
(3) All residential buildings shall be set back from any planned residential development boundary a distance not less than 40 feet.
(4) All residential buildings, accessory buildings, and service buildings shall be set back from all major driveways and other primary vehicular accessways a distance not less than 20 feet.
(5) Minimum parcel frontage. All townhouse and garden apartment buildings shall be located on parcels having a minimum of 50 feet frontage on a public thoroughfare or on a private street built to City paving material standards and the provision of Title Seven, Subdivision Regulations and Chapter 913 and the private street to be owned and maintained through duly recorded condominium provisions.
(g) Minimum floor areas for dwelling units permitted in the R-4 Residential Development are as follows:
(1) Single-family dwellings:
One or two bedrooms | 1,000 square feet |
Three bedrooms | 1,200 square feet |
Four or more bedrooms | 1,400 square feet |
(2) All townhouse and garden apartments as follows:
One and two bedrooms | 800 square feet |
Three bedrooms | 1,000 square feet |
Four bedrooms | 1,200 square feet |
(Ord. 76-80. Passed 11-24-80.)
(a) Development Layout. When a proposed R-4 Planned Residentia1 District abuts existing lots containing single-family dwellings, proposed structures of the R-4 Development abutting those lots shall be restricted to single-family detached dwellings. Dwelling units shall be grouped or clustered to break up the development arrangement, maximize privacy, collect and maximize the common open space, and promote the individual character and coordinated layout of each lot, cluster, and groupings. Streets and cul-de-sacs shall be laid out to utilize natural contours and discourage through and high speed traffic.
(b) Off-Street Parking. There shall be provided outside the public right-of-way and off the primary access drives an average of three parking spaces per dwelling unit for the total development.
(c) Streets and Driveways. All streets and drives, whether public or private, shall be designed and constructed to or greater than the City standards as in Title Seven, Subdivision Regulations.
(d) Open Space. At least 4% of the total acres in a proposed development permitted by this chapter shall be devoted to open space, recreational facilities exclusive of parking areas.
(e) Sanitary sewer and water facilities shall be provided at the time of development.
(f) Topography, Natural Features. Site planning shall be designed to take advantage of the topography of the land in order to utilize the natural contours, and to maximize destruction of water courses, natural vegetation, trees, and topsoil. The natural features and other distinctive characteristics of the site shall be integrated into the plan to create variations in the arrangements of buildings, open spaces, and site features.
(g) Compliance with Other Applicable Sections of City's Codes and Ordinances. In addition to complying with the requirements of this chapter, the applicant applying for a R-4 Planned Residential District zoning shall comply with the appropriate provisions of Title Seven, Subdivision Regulations and this chapter not in conflict with the specifications contained in this chapter.
(Ord. 76-80. Passed 11-24-80.)
1123.05 PLAN FOR DEVELOPMENT OF LAND; APPROVAL PROCEDURE.
(a) General Plan Approval. At the time of the application to the City Planning Commission for rezoning to R-4, a general plan for the development of the land shall have been filed with the Planning Commission by the owners of the land involved. The general plan shall show the following:
(1) The boundaries of the development.
(2) A tabular summary of the total acreage of the proposed development, the maximum allowable number of dwelling units by type, area and acreage, and the number of acres proposed for recreational/open space development.
(3) The proposed street system, parking areas, access areas, access drives, and general pedestrian circulation system for the proposed development.
(4) The proposed locations of all areas for single-family and multi-family dwellings, such as attached cluster, townhouse, and garden, and all accessory and other uses, such as recreational service buildings.
(5) The general plan for proposed sewer and water facilities.
(6) The proposed reservations for recreational areas, including parks and playgrounds, open spaces, and other community facilities, with a statement of the proposed methods to be employed to preserve and maintain recreational areas and open space.
(b) Final Approval of Uses in a Planned Residential District. Before such uses may be begun as are provided for by this chapter, the owner shall file a final development plat for any specific area within the project, or the overall project, with the Planning Commission, together with a letter of application for such approval. Such final development plat shall show the following:
(1) The area to be developed and the area to be devoted to open spaces for the use of all residents of the area with accurate acreage, courses, and distances, as determined by a licensed surveyor who shall sign such plan and certify to accuracy thereof.
(2) The location of all buildings, descriptive data as to the type of buildings, the number of dwelling units in each separate residential type, and the number of bedrooms for each apartment (multi-family dwellings) building.
(3) A detailed plan setting forth the manner and means whereby all open space, properties held in common, rental properties, and private properties, including all facilities of the storm water management and sedimentation control systems, shall be properly maintained. Such plan shall be in the form of a homeowners association or some such similar instrument.
(4) Approved plans for sanitary sewer and water supply facilities.
(c) Conditions for Final Approval of Uses. The Planning Commission shall give the final approval of uses only on finding that the following conditions are met:
(1) No applicable, general, or specific requirements of the City Zoning and Subdivision Regulations, as existing at the time of general plan approval, is violated by the final development plat.
(2) The final development plat is substantially in accordance with the general plan which had been previously filed with and approved by the City Planning Commission as the basis for establishing an R-4 Planned Residence District.
(3) The density of dwelling units in any area does not exceed that shown on the general plan and that the overall density of the development has not been exceeded with respect to the total figure shown on the general plan.
(4) The area reserved for open space and recreation in the sum of all areas for which final development plat approval has been given or is requested shall never be less than 4% of the cumulative acreage of all areas for which final development plat approval has been given or is requested.
(Ord. 76-80. Passed 11-24-80.)
1123.06 RESIDENTIAL SPECIFICATIONS.
(a) Building Setback, Ownerships, and Specifications.
(1) Definitions. For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CONDOMINIUM ASSOCIATION. Involves mandatory membership and support.
HOMEOWNERS ASSOCIATION. Involves voluntary membership and member support.
(2) Single-family detached. A separate single-family dwelling on its own, legally described, lot.
Individual Lot | Rental |
10,000 sq. ft. | Yes - same specifications as lots. |
30 ft. front yard | |
40 ft. rear yard | |
10 ft. side yard | |
Condominium | |
Yes - limited lot; common lands. | |
(3) Single-family attached. Independent dwellings with separate identities, entrances, and services, but with contiguous or attached structural elements, these dwellings may be located on separate lots or grouped on commonly owned and maintained acreage. For purposes of flexibility, variety, and identity, no more than five dwellings shall be in an attached or contiguous grouping.
Individual Lot | Rental |
7,260 sq. ft. | Yes - same specifications as lots. |
30 ft. front yard | |
40 ft. rear yard | |
0 ft. inter. side yard | |
10 ft. ext. side yard | |
50 ft. frontage | |
Condominium | |
Yes - limited lot; common lands. | |
(b) Open Space, Recreation, and Public Sites.
(1) A. Open space. Land not occupied by buildings, parking lots, or other structures and set aside for the preservation, provision, and maintenance of the natural environment, such as unusual, interesting, or significant areas of vegetation, wildlife, habitat, natural panoramas, unusual land forms, water bodies and water courses, wetlands and floodplains, and other natural amenities.
B. Alternatives for ownership and maintenance as features of a development:
Public | Private Individual | Homeowners Association | Condominium Association |
Yes, if part of the City’s designated open space areas | Yes, if permanently tied to development | Yes--with conditions | Yes--with conditions |
(2) A. Recreation areas. Open space developed for or intended to be developed for recreational activities requiring land areas outside of buildings and other structures, including such facilities as play fields, ballfields, golf courses, hiking and riding trails, and picnic areas.
B. Alternatives for ownership and maintenance as features of a development:
Public | Private Individual | Homeowners Association | Condominium Association |
Yes, if part of the City’s designated open space areas | Yes, if permanently tied to development | Yes--with conditions | Yes--with conditions |
(3) Townhouse. Independent dwelling with separate identities and entrances but structurally connected or having common walls or roofs, all dwellings have direct access to the outside at grade, and no dwellings are located one over the other. Townhouse buildings may include up to six dwellings and may be located on acreage which is either under single ownership or commonly owned and maintained.
Individual Lot | Rental |
No | Maximum six units/ac. |
30 ft. front yard | |
40 ft. rear yard | |
10. ft. ext. side yard | |
20 ft. bldg. sep. | |
50 ft. frontage | |
Condominium | |
Same as rental | |
(4) Garden apartment. A multi-family structure containing four self-contained dwellings, which may be located one over the other and which may have common building entrances, stairway, and other common services and facilities. Garden apartment buildings may have two floors above grade.
Individual Lot | Rental |
No | Maximum six units/ac. |
40 ft. front yard | |
20 ft. rear yard | |
10 ft. side yard | |
20 ft. bldg. sep. | |
50 ft. frontage | |
Condominium | |
Same as rental | |
(5) A. Recreation facilities. Buildings, equipment, and other structures developed for recreational activities, including tennis, basketball, volleyball, and other types of court facilities, swimming pools, play equipment, party and meeting rooms and buildings, and landscaping, flower beds, and other aesthetic features.
B. Alternatives for ownership and maintenance as features of a development:
Public | Private Individual | Homeowners Association | Condominium Association |
Yes | No | No | Yes--with conditions |
(6) A. Public facility sites. Land designated for future facility or land containing facilities such as water and sewerage pump stations, storm water systems and detention basins, school and fire station sites, and sites for other publicly owned or operated facilities and services.
B. Alternatives for ownership and maintenance as features of a development:
Public | Private Individual | Homeowners Association | Condominium Association |
Yes | No | No | Yes--with conditions |
(Ord. 76-80. Passed 11-24-80.)
1127.01 PRINCIPAL PERMITTED USES.
Any local retail business or service establishment supplying commodities or performing services primarily for residents of the neighborhood on a day to day basis, such as:
(a) Retail and Services. Groceries, supermarkets, fruit and vegetable stores, drugstores, garden supply stores, barber shops, beauty parlors, clothes cleaning and laundry pickup, retail liquor store, and the like.
(b) Offices. Business and professional.
(c) Eating and Drinking Places. Restaurants, liquor sales, soda fountains and ice cream parlors, not including entertainment or dancing, and not including drive-in restaurants.
(e) Outdoor Advertising. Display signs, billboards, and other outdoor advertising signs and structures subject to the provisions of Chapter 1151.
(f) Residential Uses. Any use permitted and as regulated in the R District adjoining the B-1 District. If there are adjoining two or more different categories of residence districts, the regulations of the least restrictive residence district shall prevail.
(g) Other Uses. Any other retail business or service establishment determined by the Board to be of the same general character as the above permitted uses, not including those which are first permitted or are not permitted in the B-2 District, unless demonstrated as necessary for normal day to day needs.
(Ord. 28-17. Passed 10-12-17.)
1127.02 CONDITIONALLY PERMITTED USES.
(a) The following uses shall be permitted only when specifically authorized by the Board in accordance with the provisions of Chapter 1109, provided such uses are located on premises abutting a primary or secondary thoroughfare as shown on the major street plan.
(b) Drive-in eating and drinking places, summer gardens, roadhouses, including entertainment and dancing, and sale and consumption of alcoholic beverages, provided the principal building in which such activities are housed is distant not less than 100 feet from any R District.
(Ord. 4-62. Passed 3-12-62.)
1127.03 ACCESSORY USES.
Accessory uses and structures as permitted and regulated in the R-3 District and any other accessory uses and structures customarily accessory and incidental to any of the foregoing permitted B-1 District uses.
(Ord. 4-62. Passed 3-12-62.)
1127.04 REQUIRED CONDITIONS.
(a) Business in Enclosed Buildings. All businesses, services, or processing shall be conducted wholly within a completely enclosed building, except for the sale of automotive fuel, lubricants, and other fluids at service stations, and such outdoor display or storage of vehicles, materials, and equipment as hereinbefore specifically authorized or as may be authorized by the Board.
(b) Production for Sale at Retail. All products produced on the premises, whether primary or incidental, shall be sold at retail primarily on the premises where produced.
(c) Use Must Be Nonobjectionable. Processes and equipment employed in goods processed or sold shall be limited to those which are not objectionable by any reason of odor, dust, smoke, cinders, gas, fumes, noise, vibration, refuse matter, or water-carried waste.
(d) New Merchandise. Goods for sale shall consist primarily of new merchandise.
(Ord. 4-62. Passed 3-12-62.)
1127.05 HEIGHT REGULATIONS.
No principal structure shall exceed 2-1/2 stories or 30 feet in height, and no accessory structure shall exceed one story or 15 feet in height, except as provided in Section 1145.02.
(Ord. 4-62. Passed 3-12-62.)
1127.06 LOT AREA, FRONTAGE, AND YARD REQUIREMENTS.
The following minimum requirements shall be observed, except as otherwise provided herein:
Lot Areas | Frontage | Front Yard Depth (ft.) | Side Yard Width Story One Both | Rear Yard Depth | |
Nonresidential uses | None | None | 20 | None, except when adjoining any R District | Ten feet, except when adjoining any R District |
Residential | Same as R-3 District | ||||
Group Homes | None | ||||
(Ord. 4-62. Passed 3-12-62; Ord. 91-74. Passed 11-25-74.)
1129.01 PRINCIPAL PERMITTED USES.
(a) General. Any use permitted and as regulated in the B-1 District, except as hereinafter modified, and the following uses.
(b) Retail and Services. Art or antique shops, artists' supply stores, interior decorating shops, furniture and appliance stores, self-service laundries, dry cleaning shops, department stores, variety and dime stores, dry goods and apparel stores, mail-order houses, and the like.
(c) Banks. Banks, including drive-in banks, and savings and loan associations.
(d) Eating and Drinking Places. Bars, restaurants, and cocktail lounges.
(e) Entertainment. Night clubs, theaters, billiard parlors, pool halls, bowling alleys and similar enterprises, but not within 100 feet of any R District, subject to all applicable regulations and such permits as may be required by law.
(f) Trade or Business Schools. Trade or business schools, provided machinery which is used for instruction purposes is not objectionable due to noise, fumes, smoke, odor, or vibration.
(g) Commercial Art Studios. Commercial art studios, including photographic studios, dancing studios, radio and telecasting studios, and the like.
(i) Newspapers. Printing and publishing.
(j) Automotive Services. Automotive display, hire, sales and minor repair public garage, not including major repair, provided all operation other than display and sales shall be conducted wholly within a completely enclosed building, and provided further that a building used for repair of automobiles or a public garage shall be at least 50 feet from any R District and shall have no openings adjoining the R District, other than stationary windows and fire escapes.
(k) Other Uses. Any other retail business or service establishment or use which is determined by the Board to be of the same general character as the above permitted uses, but not including any use which is first permitted or which is not permitted in the B-3 District.
(Ord. 28-17. Passed 10-12-17.)
1129.02 ACCESSORY USES.
Accessory uses and structures as permitted and as regulated in the B-1 District, and such other accessory uses and structures, not otherwise prohibited, customarily accessory and incidental to any of the foregoing permitted B-2 District uses.
(Ord. 4-62. Passed 3-12-62.)
1129.03 REQUIRED CONDITIONS.
Required conditions shall be the same as specified for the B-1 District, except for new merchandise in the case of art or antique shops.
(Ord. 4-62. Passed 3-12-62.)
1129.04 HEIGHT REGULATIONS.
No principal structure shall exceed six stories or 75 feet in height, except as provided in Section 1145.02. (Ord. 4-62. Passed 3-12-62.)
1129.05 LOT AREA, FRONTAGE, AND YARD REQUIREMENTS.
(a) Commercial uses, none.
(b) Residential uses, same as in the R-3 District.
(Ord. 4-62. Passed 3-12-62.)
1131.01 PRINCIPAL PERMITTED USES.
(a) General. Any use permitted and as regulated in the B-2 District, except as hereinafter modified.
(b) Retail and Services. Laundries, clothes cleaning, or dyeing establishments; used merchandise stores; funeral homes and mortuaries.
(c) Wholesale and Warehousing. Any wholesale business, storage, and warehousing; commercial greenhouses.
(d) Eating and Drinking Establishments. Drive-in eating and drinking places, summer gardens and roadhouses, provided the principal building is distant not less than 100 feet from any R District.
(e) Automotive Services and Farm Implements. Automobiles, trucks, trailers, and farm implements for sale, display, hire, or repair, including sales lots, used car lots, trailer lots, repair garages, body and fender shops, and paint shops, but not within 50 feet of any R District.
(g) Animal Hospitals and Veterinary Clinics. Animal hospitals, kennels, display, and housing or boarding of pets and other domestic animals, provided that any enclosures or building in which the animals are kept shall be at least 100 feet from any R District and at least 50 feet from any B-1 District. Exercise runs shall be enclosed on four sides by an unpierced fence or wall at least six feet in height.
(h) Commercial Recreation. Any type of commercial recreation, including baseball fields, swimming pools, skating rinks, golf driving ranges, and similar open-air facilities, provided such establishments shall be distant at least 200 feet from any R District.
(i) Entertainment. Drive-in theaters, provided the screen shall be so located as not to be visible from adjacent streets or highways and set back not less than 200 feet from the established right-of-way line of any such street or highway.
(j) Building and Related Trades. Carpenter shops, electrical and plumbing shops, paint shops, heating shops, paper hanging shops, furniture upholstering, and similar enterprises, not including contractors' yards, but not within 50 feet of any R District.
(k) Printing and Related Trades. Publishing, job printing, lithographing, and blue printing.
(l) Bottling Works. Bottling of soft drinks and milk or distribution stations, providing a building used for such processing and distribution shall be at least 100 feet from any R District.
(m) Miscellaneous Trades and Business. Sheet metal shops, sign painting shops, and wholesale bakeries, but not within 100 feet of any R District.
(n) Contractors' Yards and Related Establishments.
(1) Building material yards, excluding concrete mixing; contractors' equipment storage yards or plants, or storage yards for rental of equipment commonly used by contractors; trucking or motor freight stations or terminals; retail lumber yards, including incidental millwork; storage and sales of grain, livestock feed or fuel; carting, express, or hauling establishments, including storage of vehicles. Such uses shall be conducted either:
A. Wholly within a completely enclosed building or buildings, except for storage of vehicles, which building shall be distant at least 100 feet from any R District, unless such building has no openings other than stationary windows and required fire exits within such distance, but not within 50 feet of any R District in any case; or
B. When conducted within an area completely enclosed on all sides with a solid wall or uniformly painted solid board fence not less than six feet high, but not within 200 feet of any R District.
(2) All storage yards related to the uses in this subsection shall be enclosed.
(o) Other Uses. Any other use which is determined by the Board to be of the same general character as the above permitted uses, but not including any use which is first permitted in the M-1 District, or which is prohibited in the M-1 District.
(Ord. 28-17. Passed 10-12-17.)
1131.02 ACCESSORY USES.
Accessory uses and structures as permitted and as regulated in the B-2 District, and such other accessory uses and structures not otherwise prohibited which are customarily accessory and incidental to any of the foregoing permitted B-3 District uses.
(Ord. 4-62. Passed 3-12-62.)
1131.03 REQUIRED CONDITIONS.
(a) Objectionable Uses. Processes and equipment employed and goods processed or sold shall be limited to those which are not objectionable by reason of odor, dust, smoke, cinders, gas, fumes, noise, vibration, refuse matter, or water-carried waste, and shall comply with the performance standards in Chapter 1157.
(b) Enclosed Buildings. All businesses, services, or processing shall be conducted wholly within a completely enclosed building, except for incidental display of merchandise; the sale of automobile fuel, lubricants and other fluids at service stations; loading and unloading operations; parking; the outdoor display or storage of vehicles, materials, and equipment, and the uses specified in Section 1131.01(n).
(c) Night Operation. No building customarily used for night operation, such as a bakery or milk bottling and distribution station, shall have any opening, other than stationary windows or required fire exits, within 100 feet of any R District, and any space used for loading or unloading commercial vehicles in connection with such an operation shall not be within 100 feet of any R District.
(Ord. 4-62. Passed 3-12-62.)
1131.04 HEIGHT REGULATIONS.
No principal or accessory structures shall exceed three stories or 40 feet in height, except as provided in Section 1145.02.
(Ord. 4-62. Passed 3-12-62.)
1131.05 LOT AREA, FRONTAGE, AND YARD REQUIREMENTS.
Lot area, frontage, and yard requirements shall be the same as in the B-2 District.
(Ord. 4-62. Passed 3-12-62.)
1135.01 PRINCIPAL PERMITTED USES.
(a) General. Any use permitted and as regulated in the B-3 District, except as hereinafter modified.
(b) Manufacturing. Except for uses and processes prohibited in Section 1135.04, the manufacturing, compounding, processing, packaging, and assembling of products such as:
(1) Bakery goods, candy, cosmetics, pharmaceuticals, toiletries and food products, except fish or meat products, sauerkraut, vinegar, yeast, and the rendering or refining of fats or oils.
(2) Products from the following previously prepared materiels: bone, canvas, cellophane, cloth, cork feathers, fiber, fur, glass, hair, horn, leather, paper, plastics, precious or semi-precious metals or stones, sheet metal (except where presses over 20 tons' rated capacity are employed), shell, textiles, tobacco, wax, wood (except where saw and planing mills are employed), and yarns.
(3) Pottery and figurines, using previously pulverized clay, and kilns fired only with gas or electricity.
(4) Musical instruments, toys, novelties, rubber or metal stamps, and other small rubber products.
(5) Electrical and electric appliances, instruments and devices, television sets, radios, and phonographs.
(6) Electric and neon signs, billboards, and other commercial advertising structures; light sheet metal products, including heating and ventilating equipment, cornices, eaves, and the like.
(c) Laboratories. Experimental, film, or testing laboratories, provided no operation shall be conducted or equipment used which would create hazards, noxious, or offensive conditions.
(d) Warehouses. Warehouses for the storage of merchandise and materials.
(e) Metal Working, Foundries, Carpet Cleaning, and Cold Storage. The following uses, provided no part of a building occupied by such uses shall have any opening other than stationary windows or required fire exits within 100 feet of any R District:
(1) Blacksmith, welding, or other metal working shop, excluding punch presses over 20 tons' rated capacity, drop hammers, and other noise-producing machine-operated tools, machine shops, cooperage works.
(2) Foundry, casting lightweight nonferrous metals, or electric foundry not causing noxious fumes or odors.
(3) Bag, carpet, and rag cleaning, provided necessary equipment is installed and operated for the effective precipitation or recovery of dust.
(4) Ice manufacturing and cold storage plant; creamery and bottling plant.
(f) Flammable Liquids; Building Materials. The following uses when located not less than 200 feet from any R District:
(1) Flammable liquids, underground storage only, not to exceed 25,000 gallons.
(2) Building material sales yards, including concrete mixing; lumber yards, including millwork; open yards for storage and sale of feed or fuel.
(g) Other Uses. Any other use that is determined by the Board to be of the same general character as the above permitted uses, but not including any use which is prohibited in the M-1 District under Section 1135.04.
(Ord. 4-62. Passed 3-12-62.)
1135.02 ACCESSORY USES.
Accessory uses and structures permitted and as regulated in the B-3 District, except as hereinafter modified, and such other uses and structures customarily accessory and incidental to any of the foregoing principal permitted uses, except for uses prohibited in the M-l District.
(Ord. 4-62. Passed 3-12-62.)
1135.03 REQUIRED CONDITIONS.
(a) Enclosed Buildings. All businesses, services or processing shall be conducted wholly within a completely enclosed building, except for the sale of automobile fuel, lubricants, and other fluids at service stations; loading and unloading operations; parking; the outdoor display or storage of vehicles, materials and equipment, and the uses specified in Section 1135.01(f).
(b) Night Operation. No building customarily used for night operation, such as a bakery or milk bottling and distribution station, shall have any opening, other than stationary windows or required fire exits, within 100 feet of any R District, and any space used for loading or unloading commercial vehicles in connection with such an operation shall not be within 100 feet of any R District. (Ord. 4-62. Passed 3-12-62.)
1135.04 PROHIBITED USES.
(a) General. Any use which is first permitted or is not permitted in the M-2 District.
(b) Dwellings. Dwellings and residences of any kind, including motels and trailer parks; schools, hospitals, clinics and other institutions for human care, except where they are incidental to a permitted principal use. However, any of the aforesaid uses legally existing in the M-1 District at the time of the adoption of this chapter, or any amendment thereto, shall not be classified as a nonconforming use, as defined in Chapter 1103, and subject to the provisions of Chapter 1143.
(c) Offensive Uses Not To Be Authorized. No use shall be permitted or authorized to be established or maintained which, when conducted under adequate conditions and safeguards in compliance with the provisions of this chapter, and any additional conditions or requirements prescribed by the Board, is or may become hazardous, noxious, or offensive due to emission of odor, dust, smoke, cinders, gas fumes, noise, vibration, beat frequency, refuse matter, or water- carried waste. (Ord. 4-62. Passed 3-12-62.)
1135.05 HEIGHT REGULATIONS.
Within 200 feet of any R District, no structure shall exceed three stories or 50 feet in height, and no structure shall otherwise exceed in height the distance measured to the center line of any adjoining street, except as provided in Section 1145.02.
(Ord. 4-62. Passed 3-12-62.)
1135.06 LOT AREA, FRONTAGE, AND YARD REQUIREMENTS.
The following minimum requirements shall be observed, except as otherwise provided
herein:
Lot Areas | Frontage | Front Yard Depth (ft.) | Side Yard Width Story One Both | Rear Yard Depth | |
Nonresidential | None | None | 20 | None, except when adjoining any R District, then not less than 25 ft. each | One story: 30 ft. Two stories: 40 ft. Three stories: 50 ft. Five ft. more, each additional story |
Dwellings or residential parts of nonresidential buildings | Not permitted in M-1 District (Existing dwellings: same as R-3) | ||||
(Ord. 4-62. Passed 3-12-62.)
1137.01 PRINCIPAL PERMITTED USES.
(a) General. Any use permitted in the following in certain parts of the M-2 District, or permitted in certain parts subject to Board authorization, or which are not prohibited in the M-2 District by this chapter or by any other law or ordinance.
(b) Any of the following uses, when located not less than 300 feet from any R District, and not less than 100 feet from any other district, except an M-1 or B-3 District:
(1) Acetylene manufacturing in excess of 15 pounds pressure per square inch.
(2) Acid manufacture, except as specified as a conditional use in Section 1137.02.
(3) Asbestos manufacturing.
(4) Automobile assembly.
(5) Bleaching, cleaning, and dyeing plant of large scale production.
(6) Boiler shops, machine shops, structural steel fabricating shops, railway car or locomotive shops, including repair, metal working shops employing reciprocating hammers or presses over 20 tons' rated capacity.
(7) Candle or sperm oil manufacturing.
(8) Coal yards.
(9) Cooperage works.
(10) Dextrine, starch, or glucose manufacturing.
(11) Disinfectant, insecticide, or poison manufacturing.
(12) Dye and dyestuff manufacture.
(13) Enameling, lacquering, or japanning.
(14) Emery cloth or sandpaper manufacturing.
(15) Felt manufacturing.
(16) Flour or grain mill.
(17) Forge or foundry works.
(18) Gas, generation, or storage for illumination or heating.
(19) Grain drying or poultry feed manufacturing from refuse, mash, or grain.
(20) Hair or hair products manufacturing.
(21) Junk yard.
(22) Lime or lime products manufacturing.
(23) Linoleum, oilcloth, or oiled goods manufacturing.
(24) Match manufacturing.
(25) Meat packing, but not stockyards or slaughterhouses (specified as a conditional use in Section 1137.02).
(26) Oil, paint, shellac, turpentine, varnish, or enamel.
(27) Paper and pulp manufacturing.
(28) Perfume manufacturing.
(29) Pickle, sauerkraut, or sausage manufacturing.
(30) Plaster manufacturing.
(31) Poultry slaughterhouse, including packing and storage for wholesale.
(32) Printing ink manufacturing.
(33) Radium extraction.
(34) Sandblasting or cutting.
(35) Sawmill, the manufacture of excelsior, wood fiber, or sawdust products.
(36) Sewage disposal plant.
(37) Shoddy manufacturing.
(38) Shoe blacking or polish or stove polish manufacturing.
(39) Soap manufacturing.
(40) Steam power plant, except where accessory to a permitted principal use.
(41) Stone and monument works employing power-driven tools.
(42) Storage, drying, cleaning of iron, junk rags, glass, cloth, paper or clippings, including sorting, refining, baling, woolpulling, and scouring.
(43) Sugar refining.
(44) Tar or asphalt roofing or waterproofing manufacturing.
(45) Tar distillation or manufacturing.
(46) Vinegar manufacturing.
(47) Wire or rod drawing; nut, screw, or bolt manufacturing.
(48) Yeast manufacturing.
(49) Any other use which, in the opinion of the Board, is of a similar character as those specified above.
(Ord. 4-62. Passed 3-12-62.)
1137.02 CONDITIONALLY PERMITTED USES.
Any of the following uses, unless located not less than 500 feet from any R District, and not less than 200 feet from any other district except an M-1 or B-3 District, and unless authorized by the Board as provided in Chapter 1109, subject to such conditions and requirements as may, in the opinion of the Board, be necessary to protect adjacent property and prevent conditions which may become noxious or offensive:
(a) Ammonia, chlorine, or bleaching powder manufacture.
(b) Animal black, lampblack, boneblack or graphite manufacture.
(c) Celluloid or pyroxylin manufacturing, or explosive or flammable cellulose or pyroxylin products manufacturing or storage.
(d) Cement, lime, gypsum, or plaster of Paris manufacture.
(e) Crematory.
(f) Creosote manufacture or treatment.
(g) Distillation of coal, petroleum, refuse, grain, wood, or bones, except in the manufacture of gas.
(h) Explosives manufacture or storage, except for small arms ammunition.
(i) Fertilizer and compost manufacture or storage.
(j) Fish curing, smoking or packing, fish oil manufacture or refining.
(k) Garbage, offal, dead animals, refuse and rancid fats incineration, reduction, or storage.
(l) Glue manufacture and size or gelatin manufacture where the processes include the refining or recovery of products from fish, animal refuse, or offal.
(m) Hog farm.
(n) Livestock feeding yard.
(o) Petroleum or inflammable liquids production, refining and storage above ground.
(p) Rubber, caoutchouc, or gutta-percha manufacture and treatment from crude or scrap material or the manufacture of balata.
(q) Slaughtering of animals; stockyards.
(r) Smelting of ferrous or nonferrous ores.
(s) Storage, curing, or tanning of raw, green, or salted hides or skins.
(t) Sulphurous, sulphuric, nitric, picric, carbolic or hydrochloric, or other corrosive acid manufacture.
(u) Any other use which, in the opinion of the Board, is of a similar character as those specified above. (Ord. 4-62. Passed 3-12-62.)
1137.03 ACCESSORY USES.
Accessory uses and structures permitted and as regulated in the M-1 District, except as hereinafter modified, and such other uses and structures customarily accessory and incidental to a permitted use. (Ord. 4-62. Passed 3-12-62.)
1137.04 ENCLOSURES.
(a) Enclosure Not Required. Any use may be conducted in the M-2 District within or without a building or enclosure, subject only to distance requirements where applicable, and except as provided in subsection (b) hereof.
(b) Junk Yards; Enclosures. All junk yards shall be enclosed by a solid board fence or wall not less than six feet high.
(Ord. 4-62. Passed 3-12-62.)
1137.05 PROHIBITED USES.
(a) Dwellings. Dwellings and residences of any kind, including motels, trailer parks; schools, hospitals, clinics, and other institutions for human care, except where incidental to a permitted principal use. However, any of the aforesaid uses legally existing in the M-2 District at the time of adoption of this chapter, or any amendment thereto, shall not be classified as a nonconforming use, as defined in Chapter 1103, and subject to the provisions of Chapter 1143.
(b) Offensive Uses Not To Be Authorized. No use shall be permitted or authorized to be established or maintained which, when conducted under adequate conditions and safeguards in compliance with the provisions of this chapter, and any additional conditions or requirements prescribed by the Board, is or may become hazardous, noxious or offensive due to the emission of odor, dust, smoke, cinders, gas, fumes, noise, vibration, beat frequency, refuse matter, or water-carried waste.
(Ord. 4-62. Passed 3-12-62.)
1137.06 HEIGHT REGULATIONS.
Height regulations shall be the same as specified in the M-1 District.
(Ord. 4-62. Passed 3-12-62.)
1137.07 LOT AREA, FRONTAGE, AND YARD REQUIREMENTS.
The following minimum requirements shall be observed, except as otherwise provided herein:
Lot Areas | Frontage | Front Yard Depth (ft.) | Side Yard Width Story One Both | Rear Yard Depth | |
Nonresidential structures | None | None | 20 | None, except when adjoining any R District, then not less than 50 ft. each side yard | One story: 40 ft. Two stories: 50 ft. Three stories: 60 ft. Five ft. more, each additional story |
Dwellings or residential parts of nonresidential buildings | Not permitted in M-2 District (Existing dwellings: same as R-3) | ||||
(Ord. 4-62. Passed 3-12-62.)