Delphos City Zoning Code
TITLE FIVE
Zoning Districts
1151.01 DISTRICTS ESTABLISHED.
(a) The City is hereby divided into the following districts:
(1) R-1 Residence district
(2) R-2 Residence district
(3) B-1-A Professional office district
(4) B-1 Business district
(5) B-2 Business district
(6) B-3 Mobile Home Park
(7) I-1 Light Industrial district
(8) I-2 Industrial district
(Ord. 2002-25. Passed 4-8-03.)
1151.02 ZONING PLAN.
The location and boundaries of the City districts are established as shown on the Zoning Plan, which accompanies the Zoning Ordinance and is to be a part hereof. The Zoning Plan and all notations and references and other matters shown thereon, shall be and are hereby made part of the Zoning Ordinance. The Zoning Plan, properly attested, shall be and remain on file in the office of the Safety/Service Director.
(Ord. 2002-25. Passed 4-8-03.)
(Ord. 2002-25. Passed 4-8-03.)
1151.03 DISTRICT BOUNDARIES.
Where uncertainty exists with respect to the boundaries of the various districts as shown on the Zoning Plan accompanying and made a part of the Zoning Ordinance the following rules shall apply.
(a) The district boundaries are either streets or alleys, unless otherwise shown, and where the designation on the Zoning Plan are approximately bounded by a street or alley line, the street or alley line shall be construed to be the boundary of such district.
(b) Where the district boundaries are not otherwise indicated and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be lot lines, and where the designation on the Zoning Plan indicating the various districts are approximately bounded by lot lines, the lot liens shall be construed to be the boundary of such district, unless the boundaries are otherwise indicated on the Zoning Plan.
(c) In unsubdivided property, the district boundary lines on the Zoning Plan shall be determined by use of the scale contained on the Zoning Plan, unless otherwise noted.
(d) When any street, alley or public way is vacated, it shall be zoned automatically and similarly to the adjacent property. If the vacated area should have been the dividing line between two different zones, then one-half of the area shall be zoned the same classification as the land immediately adjacent thereto.
(Ord. 2002-25. Passed 4-8-03.)
1151.04 CLASSIFICATION OF ANNEXATIONS.
The zoning classification of newly annexed areas shall be as determined by the Council in accordance with the provisions of Chapter 1141.
(a) Any person who proposes to annex any tract of land to the City shall, at the time the petition for annexation is submitted to the County Commissioners, submit to Council, a petition for zoning, in the prescribed form, the tract of land to be annexed. Council shall act on this petition as provided for in Chapter 1141. The proceedings on the zoning petition shall be completed and a zoning classification for the newly annexed area established prior to, or concurrent with, the finalization of the annexation proceedings. The zoning classification of the newly annexed area shall become effective upon the completion of the annexation proceedings. In the event the annexation is not completed, either by rejection of the annexation petition by the County Commissioners or council the zoning proceedings shall be null and void and the fee accompanying the zoning petition shall be returned to the petitioner.
(b) If no petition for zoning is filed at the time the annexation petition is filed then the newly annexed area shall automatically be zoned R-1 Residential upon completion of the annexations.
(Ord. 2002-25. Passed 4-8-03.)
(Ord. 2002-25. Passed 4-8-03.)
1151.05 GENERAL PROVISIONS.
(a) 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, reconstructed, extended, enlarged, converted or altered except in conformity with the regulations herein specified for the district in which it is located.
(b) Any use, building or structure, existing at the time of the enactment of the Zoning Ordinance may be continued, even though such use, building or structure may not comply with the provisions of the Zoning Ordinance for the district in which it is located, subject to the provisions of Section 1183.01.
(c) Nothing in the Zoning Ordinance shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by proper authority.
(d) Outdoor advertising shall be classified as a business use and shall be permitted in all districts zoned for industry, business or trade, subject, however, to the pertinent provisions set forth in Chapter 1187.01.
(e) Nothing herein contained shall require any change in the overall layout, plans, construction, size or designated use of any premises, building, or part thereof, the construction of which shall have been started prior to the effective date of the Zoning Ordinance and completion thereof carried on in a normal manner and not discontinued for reasons other than those beyond the builder’s control provided that, in any event such construction shall be completed within six months after the effective date of the Zoning Ordinance or within such extension of this six month period as may be allowed by the Board.
(f) If the construction or structural alterations of a structure has been planned but no substantial construction has been made and no contract or contracts have been let for its construction prior to the effective date of the Zoning Ordinance, a Certificate of Occupancy and zoning permit for such construction or structural alteration shall be required, the construction and use of such structure shall comply with the provisions of the Zoning Ordinance.
(g) The minimum yards, parking spaced, and open spaces including lot areas, required by the Zoning Ordinance or for any building hereafter erected, shall not be encroached upon or considered as required yard or open space for any other building nor shall nay lot area be reduced below the requirements of the Zoning Ordinance.
(h) Every building hereafter erected or structurally altered shall be located on a lot as herein defined and in no case shall there be more than one main building on one lot, except as hereinafter provided.
(Ord. 2002-25. Passed 4-8-03.)
(Ord. 2002-25. Passed 4-8-03.)
1153.01 PERMITTED USE.
A building or premises shall be used only for the following purposes.
(a) Single and two-family dwellings.
(b) Religious Places of Worship.
(c) Schools, elementary and high, including accessory buildings.
(d) Libraries and museums.
(e) Public parks, playgrounds and other municipal recreational uses.
(f) Agricultural, Limited to farming (crops), apiculture (bees), horticulture (garden), viticulture (grapes).
(g) Public Service Facility.
(h) Country club or golf course, except miniature course or practice driving tee operated for commercial purpose.
(i) Day Care.
(Ord. 2002-25. Passed 4-8-03.)
(Ord. 2002-25. Passed 4-8-03.)
1153.02 ACCESSORY USES AND STRUCTURES (permitted after a public hearing).
(a) Uses and structures customarily incident to any of the principal permitted uses are permitted provided, however, that such uses or structures do not involve the conduct of a business. Accessory structures may occupy a portion of the required rear yard, subject to the limitations hereinafter set forth.
(b) The following accessory uses are specifically permitted.
(1) The office or studio of a physician or surgeon, dentist, artist, lawyer, architect, engineer, insurance agent, realtor or teacher when located within his dwelling, which is used primarily as a dwelling; and provided that not more than one-quarter of the area of the dwelling is used for such purpose.
(2) Home occupations, provided there are no employees other than persons living on the premises.
(Ord. 2002-25. Passed 4-8-03.)
(c) Medical Marijuana Dispensaries are prohibited in R-1 zoned areas. (No variances permitted).
(Ord. 2021-48. Passed 12-6-21.)
1153.03 SIGNS.
(See P.Z. Ch. 1189). (Ord. 2002-25. Passed 4-8-03.)
1153.04 REQUIRED LOT AREA.
(a) No more than one dwelling building shall be constructed on any lot and the same must face a legal public street.
(b) Each single-family dwelling shall be located upon a lot having an average width of not less than sixty feet and an area not less than 6000 square feet.
(c) Each two-family dwelling shall be located upon a lot having an average width of not less than seventy feet and an area of not less than 7500 square feet.
(d) Lot areas for other permitted uses shall be as required to meet the yard and lot coverage requirements of this section.
(e) Where a lot has less area or width than herein required and was of record at the time of the effective date of the Zoning Ordinance, that lot may be used for a single-family dwelling or for the non-dwelling uses permitted in this district.
(f) Where a lot of record at the time of the effective date of the Zoning Ordinance has less area or width than herein required in the district in which it is located, and the owner or such lot does not own any other parcel or tract adjacent thereto, the lot may nonetheless be used for a one-family dwelling, subject to the following requirements.
(1) The front yard shall be as established in the Zoning Ordinance.
(2) In case the frontage of the lot of record is less than fifty feet, each side yard shall be at least ten percent of the lot frontage; but no side yard shall be less than three feet in any event. If the frontage is more than fifty feet, the side yards shall be as established in the Zoning Ordinance.
(Ord. 2002-25. Passed 4-8-03.)
1153.05 YARD REQUIREMENTS.
(a) Open Space. Buildings including accessory buildings shall not cover more than thirty-five percent (35%) of the area of any lot.
(b) Front Yard.
(1) Where, at the time of the effective date of the Zoning Ordinance, a uniform set back line has been established or observed on one side of a street between two intersecting streets or for a distance of 300 feet on either side of the lot in question, no building hereafter erected or structurally altered shall project beyond such set back lines.
(2) Where twenty-five percent (25%) or more of all the property, according to front feet, abutting one side of a street between two intersecting streets or for a distance of 300 feet on either side of the lot in question is built up with buildings having an average set back line or more, or less than thirty feet from the street line, then the required set back line for new buildings shall for interior lots, be the average of the two set back lines established by the two existing buildings, one on each side of the lot in question and nearest thereto. For corner lots and for interior with an existing building on one side only the required set back line shall be the set back line observed by the nearest building, in the same block, to the lot in question. No building hereafter erected or structurally altered shall project beyond the set back lines so established.
(3) If no building line has been established, the front building line shall be a minimum of thirty feet from the street line of the street, road or highway.
(Ord. 2002-25. Passed 4-8-03.)
(Ord. 2002-25. Passed 4-8-03.)
(c) Side Yards.
(1) Every single-family dwelling shall have two side yards. Either side yard must be a minimum of 5' with a total side yard minimum requirement of 15', unless a garage is attached to the side of the dwelling, and then only five feet is necessary on each side. Every two-family dwelling shall have two side yards, the width of each side shall not be less than five feet.
(Ord. 2004-60. Passed 10-26-04.)
(2) All permitted uses, other than dwellings and accessory buildings thereto, shall have two side yards, the width of which shall not be less than twenty-five feet each.
(3) Accessory buildings attached to, or within twenty feet of the principal building shall have side yards as above required. Accessory buildings located to the rear of the principal building, and more than twenty feet therefrom, shall be at least five feet from the side and rear lot lines, except on corner lots where the rear lot line is the side lot line of an abutting lot, in which case no accessory building shall be erected closer than five feet to the rear lot line.
(d) Rear Yards.
(1) A rear yard shall not be less than thirty-five feet in depth. Accessory buildings may occupy up to thirty percent (30%) of the rear yard area.
(e) Corner Lots.
(1) Nothing in this section shall be so interpreted as to reduce the buildable width of a corner lot facing an intersection street and of record at the time of the passage of the Zoning Ordinance to less than twenty-five feet.
(2) The side building on any corner lot in any subdivision platted after the effecting date of the Zoning Ordinance shall be a minimum of twenty feet.
(3) In measuring the width and depth of side or rear yards, in cases where the rear lot line is not parallel with, or the side lot lines not perpendicular to the street line, average dimensions may be used.
(Ord. 2002-25. Passed 4-8-03.)
1153.06 HEIGHT REQUIREMENTS.
No principal structure shall exceed two and one-half stories or thirty-five feet in height and no accessory structure shall exceed one story or fifteen feet in height, except that these provisions shall not apply to the height of a church spire, belfry, wireless tower, water tank, television, radio antennae, and satellite dishes, or other such use where permitted.
(Ord. 2002-25. Passed 4-8-03.)
1153.07 OFF STREET PARKING.
For each of the permitted uses there shall be provided sufficient space for the off-street parking of motor vehicles to accommodate the normal number of motor vehicles which will congregate as a result of the uses of such building or premises.
(a) For residential uses, parking space shall be provided for a number of motor vehicles not less than the number of families occupying the premises.
(b) For all other permitted uses, the number of parking spaces required shall be as determined by the Board of Zoning Appeals, and in accordance with the pertinent provisions of Chapter 1181.
(c) No area used for parking space shall be in front of the building line.
(Ord. 2002-25. Passed 4-8-03.)
1153.08 FENCE, STRUCTURE OR PLANTINGS.
(a) No fence, structure or planting, which obstructs clear visibility of approaching traffic on an intersecting street or way shall be erected or maintained in any district within twenty feet of the curb or pavement line.
(b) Subject to the provisions of subsection (a) hereof, fences, walks and plantings are permitted as follows:
(1) Fences, walls and hedges shall not exceed in height above the deviation of the surface of the ground:
A. Front yard - 4 feet
B. Side yard - 6 feet
C. Rear yard - 7 feet
D. Cannot be placed closer than three (3) feet from the property line.
(c) Cornices, canopies, eaves or other architectural features, may project a distance not exceeding three feet.
(d) An uncovered stair and necessary landing may project a distance not to exceed six feet; provided that such stair and landing shall not extend above the entrance floor of the building except for a railing not to exceed three feet in height.
(e) Bay windows, balconies and chimneys may project a distance not to exceed three feet; provided that such features do not occupy, in the aggregate, more than one-third of the length of the wall on which they are located.
(Ord. 2002-25. Passed 4-8-03.)
1153.09 PORCHES.
Porches shall comply with the following requirements:
(a) In new construction, porches shall not project into any required yard.
(b) The enclosing of an existing porch projecting into any required yard shall be limited to trellises, slat shades, awnings and removable panels of screen.
(Ord. 2002-25. Passed 4-8-03.)
1154.01 PERMITTED USE.
A building or premises shall be used only for the following purposes.
(a) Single and two-family dwellings.
(b) Religious Places of Worship.
(c) Schools, elementary and high, including accessory buildings.
(d) Libraries and museums.
(e) Public parks, playgrounds and other municipal recreational uses.
(f) Agricultural, Limited to farming (crops), apiculture, horticulture, viticulture.
(g) Public Service Facility.
(h) Country club or golf course, except miniature course or practice driving tee operated for commercial purpose.
(i) Day Care.
(j) Multiple family dwellings.
(k) Bed & Breakfast.
(l) Assisted Living facilities, nursing home and skilled nursing facilities
(m) Private clubs, fraternities, sororities, lodges, social and recreational centers excepting those the chief activity of which is a service customarily carried on as a business.
(n) Cemeteries.
(o) Hospitals, medical centers and clinics, including dormitory for nurses and attendants, other than a hospital for persons suffering from insanity or other mental diseases as are commonly isolated in a separate building.
(p) Institutions of an educational or philanthropic nature; public or semipublic institutions, not including a jail, reformatory or other correctional institution, a mental or contagious hospital.
(Ord. 2002-25. Passed 4-8-03.)
(Ord. 2002-25. Passed 4-8-03.)
1154.02 ACCESSORY USES AND STRUCTURES.
(a) Uses and structures customarily incident to any of the principal permitted uses are permitted provided, however, that such uses or structures do not involve the conduct of a business. Accessory structures may occupy a portion of the required rear yard, subject to the limitations hereinafter set forth.
(b) The following accessory uses are specifically permitted.
(1) The office or studio of a physician or surgeon, dentist, artist, lawyer, architect, engineer, insurance agent, realtor or teacher when located within his dwelling, which is used primarily as a dwelling; and provided that not more than one-quarter of the area of the dwelling is used for such purpose.
(2) Home occupations, provided there are no employees other than persons living on the premises.
(Ord. 2002-25. Passed 4-8-03.)
(Ord. 2002-25. Passed 4-8-03.)
(c) Medical Marijuana Dispensaries are prohibited in R-2 zoned areas. (No variances permitted). (Ord. 2021-48. Passed 12-6-21.)
1154.03 SIGNS.
1154.04 REQUIRED LOT AREA.
(a) No more than one dwelling building shall be constructed on any lot and the same must face a legal public street.
(b) Each single-family dwelling shall be located upon a lot having an average width of not less than sixty feet and an area not less than 6000 square feet.
(c) Each two-family dwelling shall be located upon a lot having an average width of not less than seventy feet and an area of not less than 7500 square feet.
(d) Every multiple family dwelling shall be located on a lot having a width of not less than seventy feet and an area of not less than 2000 square feet per family unit.
(e) Lot areas for other permitted uses shall be as required to meet the yard and lot coverage requirements of this section.
(f) Where a lot has less area or width than herein required and was of record at the time of the effective date of the Zoning Ordinance, that lot may be used for a single-family dwelling or for the non-dwelling uses permitted in this district.
(Ord. 2002-25. Passed 4-8-03.)
1154.05 YARD REQUIREMENTS.
(a) Open Space. Buildings including accessory buildings shall not cover more than fifty-five percent (55%) of the area of any lot.
(b) Front Yard.
(1) Where, at the time of the effective date of the Zoning Ordinance, a uniform set back line has been established or observed on one side of a street between two intersecting streets or for a distance of 300 feet on either side of the lot in question, no building hereafter erected or structurally altered shall project beyond such set back lines.
(2) Where twenty-five percent (25%) or more of all the property, according to front feet, abutting one side of a street between two intersecting streets or for a distance of 300 feet on either side of the lot in question is built up with buildings having an average set back line or more, or less than thirty feet from the street line, then the required set back line for new buildings shall for interior lots, be the average of the two set back lines established by the two existing buildings, one on each side of the lot in question and nearest thereto. For corner lots and for interior with an existing building on one side only the required set back line shall be the set back line observed by the nearest building, in the same block, to the lot in question. No building hereafter erected or structurally altered shall project beyond the set back lines so established.
(3) If no building line has been established, the front building line shall be a minimum of thirty feet from the street line of the street, road or highway.
(Ord. 2002-25. Passed 4-8-03.)
(Ord. 2002-25. Passed 4-8-03.)
(c) Side Yards.
(1) Every single-family dwelling shall have two side yards. Either side yard must be a minimum of 5' with a total side yard minimum requirement of 15', unless a garage is attached to the side of the dwelling, and then only five feet is necessary on each side. Every two-family dwelling shall have two side yards, the width of each side yard shall not be less than five feet.
(Ord. 2004-60. Passed 10-26-04.)
(2) All permitted uses, other than dwellings and accessory buildings thereto, shall have two side yards, the width of which shall not be less than twenty-five feet each.
(3) Accessory buildings attached to, or within twenty feet of the principal building shall have side yards as above required. Accessory buildings located to the rear of the principal building, and more than twenty feet therefrom, shall be at least five feet from the side and rear lot lines, except on corner lots where the rear lot line is the side lot line of an abutting lot, in which case no accessory building shall be erected closer than five feet to the rear lot line.
(4) Side yards for all other permitted uses shall be a minimum of nine feet.
(d) Rear Yards. A rear yard shall not be less than twenty-five feet.
(e) Corner Lots.
(1) Nothing in this section shall be so interpreted as to reduce the buildable width of a corner lot facing an intersection street and of record at the time of the passage of the Zoning Ordinance to less than twenty-five feet.
(2) The side building line on any corner lot in any subdivision platted after the effecting date of the Zoning Ordinance shall be a minimum of twenty feet.
(Ord. 2002-25. Passed 4-8-03.)
1154.06 HEIGHT REQUIREMENTS.
No principal structure shall exceed two and one-half stories or thirty-five feet in height and no accessory structure shall exceed one story or fifteen feet in height, except that these provisions shall not apply to the height of a church spire, belfry, wireless tower, water tank, television, radio antennae, and satellite dishes, or other such use where permitted.
(Ord. 2002-25. Passed 4-8-03.)
1154.07 OFF STREET PARKING.
For each of the permitted uses there shall be provided sufficient space for the off-street parking of motor vehicles to accommodate the normal number of motor vehicles which will congregate as a result of the uses of such building or premises.
(a) For residential uses, parking space shall be provided for a number of motor vehicles not less than the number of families occupying the premises.
(b) For all other permitted uses, the number of parking spaces required shall be as determined by the Board of Zoning Appeals, and in accordance with the pertinent provisions of Chapter 1181.
(c) No area used for parking space shall be in front of the building line.
(Ord. 2002-25. Passed 4-8-03.)
1154.08 FENCE, STRUCTURE, OR PLANTINGS.
(a) No fence, structure or planting, which obstructs clear visibility of approaching traffic on an intersecting street or way shall be erected or maintained in any district within twenty feet of the curb or pavement line. (b) Subject to the provisions of subsection (a) hereof, fences, walks and plantings are permitted as follows:
(1) Fences, walls and hedges shall not exceed in height above the deviation of the surface of the ground::
A. Front yard - 4 feet
B. Side yard - 6 feet
C. Rear yard - 7 feet
D. Cannot be placed closer than three (3) feet from the property line.
(c) Cornices, canopies, eaves or other architectural features, may project a distance not exceeding three feet.
(d) An uncovered stair and necessary landing may project a distance not to exceed six feet; provided that such stair and landing shall not extend above the entrance floor of the building except for a railing not to exceed three feet in height.
(e) Bay windows, balconies and chimneys may project a distance not to exceed three feet; provided that such features do not occupy, in the aggregate, more than one-third of the length of the wall on which they are located.
(Ord. 2002-25. Passed 4-8-03.)
(Ord. 2002-25. Passed 4-8-03.)
1154.09 PORCHES.
Porches shall comply with the following requirements:
(a) In new construction, porches shall not project into any required yard.
(b) The enclosing of an existing porch projecting into any required yard shall be limited to trellises, slat shades, awnings and removable panels of screen.
(Ord. 2002-25. Passed 4-8-03.)
1155.01 PERMITTED USE.
The following regulations shall apply in all B-1-A Professional Office Districts. A building or premises shall be used only for the following purposes:
(a) All uses permitted in residence districts subject to the provisions specified for such residence districts. A principal building may be used for a combination of business and residence purposes, and shall be classified under B-1-A Professional Office District regulations.
(b) Office uses primarily of a professional service nature including the following:
(1) Offices of a civic, religious or charitable organization.
(2) Offices devoted to business management, trade associations, labor unions, insurance companies or agencies.
(3) Real estate offices, tax consultants and notaries public.
(4) Professional services, including but not limited to, offices of physicians, surgeons, dentists, lawyers, architects and engineers.
(5) Any other business service or office use which is determined by the Zoning Board of Appeals to be of the same general character as the permitted uses listed herein, so long as they are consistent with the following standards:
A. The use is predominately mental or intellectual, as distinguished from a manual or physical endeavor.
B. The use is that of an office as distinguished from the manufacturing, fabricating or processing of tangible goods, the sale and delivery at retail or wholesale of tangible goods on the premises or providing any personal services on the premises other than by the professions enumerated in this section.
(Ord. 2002-25. Passed 4-8-03.)
1155.02 REQUIRED LOT AREA.
(a) No more than one dwelling building shall be constructed on any lot and the same must face a legal public street.
(b) Each single-family dwelling shall be located upon a lot having an average width of not less than sixty feet and an area not less than 6000 square feet.
(c) Each two-family dwelling shall be located upon a lot having an average width of not less than seventy feet and an area of not less than 7500 square feet.
(d) Lot areas for other permitted uses shall be as required to meet the yard and lot coverage requirements of this section.
(e) Where a lot has less area or width than herein required and was of record at the time of the effective date of the Zoning Ordinance, that lot may be used for a single-family dwelling or for the non-dwelling uses permitted in this district.
(Ord. 2002-25. Passed 4-8-03.)
1155.03 LOT COVERAGE.
Open space. In a B-1 Business District, the entire lot may be covered, except as hereinafter otherwise specified and listed under Section 1155.04 Yard Requirements.
(Ord. 2002-25. Passed 4-8-03.)
1155.04 YARD REQUIREMENTS.
(a) Front Yards.
(1) Where, at the time of the effective date of the Zoning Ordinance, a uniform set back line has been established or observed on one side of a street between two intersecting streets or for a distance of 300 feet on either side of the lot in question, no building hereafter erected or structurally altered shall project beyond such set back lines.
(2) Where twenty-five percent (25%) or more of all the property, according to front feet, abutting one side of a street between two intersecting streets or for a distance of 300 feet on either side of the lot in question is built up with buildings having an average set back line or more, or less than thirty feet from the street line, then the required set back line for new buildings shall for interior lots, be the average of the two set back lines established by the two existing buildings, one on each side of the lot in question and nearest thereto. For corner lots and for interior with an existing building on one side only the required set back line shall be the set back line observed by the nearest building, in the same block, to the lot in question. No building hereafter erected or structurally altered shall project beyond the set back lines so established.
(3) If no building line has been established, the front building line shall be a minimum of thirty feet from the street line of the street, road or highway.
(b) Side Yards.
(1) On every lot in a B-1A Business District that directly abuts a residence district, there shall be provided a yard of at least ten feet on such lot along the line or lines where it abuts such residence district. Within this yard there shall be provided an effective screen or fence, of type and height approved by the Board of Zoning Appeals. The screen shall be either a fence or trees. The space between such screen and fence and the side line of the adjoining premises shall be maintained in good condition.
(2) Corner lots shall have a building line on the side street as determined by the Zoning Inspector after consideration of surrounding properties.
(3) Interior lots may be built up to the property lines subject to fire restrictions. A side yard, if provided, shall be a minimum of three feet.
(c) Rear yards. On every lot in a B-1 Business District, there shall be provided a rear yard of at least ten feet, except that if the rear yard abuts an alley then the rear yard shall be at least three feet. (Ord. 2002-25. Passed 4-8-03.)
1155.05 HEIGHT REQUIREMENTS.
No building shall exceed forty-five feet in height.
(Ord. 2002-25. Passed 4-8-03.)
1155.06 OFF STREET PARKING.
There shall be provided off-street parking space for the use of employees and visitors sufficient to accommodate the motor vehicles of such employees and visitors, and, in addition, sufficient area for unloading, loading and storage of motor vehicles used in the conduct of the activity on the premises. Such parking areas shall comply with pertinent provisions of Chapter 1181.
(Ord. 2002-25. Passed 4-8-03.)
(Ord. 2002-25. Passed 4-8-03.)
1155.07 SIGNS. (Billboards and Advertising Signs)
1155.08 LIGHTING.
Any lighting used in connection with any business use shall be so arranged as to reflect away from adjoining R-1 and R-2 Districts.
(Ord. 2002-25. Passed 4-8-03.)
1155.09 PROHIBITED USES.
(a) Medical Marijuana Dispensaries Prohibited. (No variances permitted).
(Ord. 2021-48. Passed 12-6-21.)
1156.01 PERMITTED USE.
A building or premises shall be used only for the following purposes:
(a) Commercial uses primarily of retail or service nature, including the following.
(1) Automobile service, automobile parking lot, sales room.
(2) Business service: bank, office building, telegraph office.
(3) Clothing service: laundry agency, laundromat, self-service dry cleaning establishment, dressmaking, millinery.
(4) Equipment and repair service: radio shop, electric appliance shop, bicycle sales and repair shop, shoe repair shop and other uses of a similar character, provided that no use permitted in this subsection shall employ more than five persons, in a single shift on the premises, not including employees whose principal duties are off the premises, or temporary seasonal employees.
(5) Food service: restaurant, tavern, delicatessen store, bakery, and drive thru establishment where the products are for sale exclusively on the premises.
(6) Personal service: beauty parlors, barber shops, reducing salons, photographic studio, business or commercial schools, including dance studios.
(7) Medical service: clinic.
(8) Retail service: drugstore, hardware store, supermarket, clothing store, greenhouse not exceeding 1000 square feet in area, showroom for articles to be sold at retail and other retail uses.
(9) Mortuary.
(10) Motel.
(11) Any other retail or service use which the Zoning Board of Appeals determines to be similar to the above uses, subject to the limitations of Section 1156.02.
(Ord. 2023-28. Passed 11-20-23.)
1156.02 PROHIBITED USES.
The following uses are specifically prohibited.
(a) Baker, wholesale
(b) Welding shop
(c) Bottling works.
(d) Carting, trucking, hauling or storage yard.
(e) Coal, coke or wood storage
(f) Contractor’s plant or storage yard.
(g) Laundry, except Laundromats, which are permitted.
(h) Machine shop.
(i) Milk bottling or distribution station.
(j) Stone or monument manufacturing works.
(k) Storage yard including lumber yard, storage warehouse.
(l) Trailer camps.
(m) Wholesale produce market.
(n) All uses prohibited or regulated in I Industrial Districts.
(o) Any kind of manufacturing, compounding, processing or treatment of any products other than that which is clearly incidental and essential to a retail store or business and where all such products are sold at retail on the premises.
(Ord. 2002-25. Passed 4-8-03.)
(p) Medical Marijuana Dispensaries Prohibited (No variances permitted.)
(Ord. 2021-48. Passed 12-6-21.)
1156.03 ACCESSORY USES AND STRUCTURES.
(a) Uses and structures customarily incidental to any of the permitted principal uses are permitted, except that no such accessory use or structure shall be of a type prohibited in Section 1156.02 or of a type prohibited or regulated in I Districts.
(b) In general, any use which by reason of its nature or manner of operation is or may become hazardous, noxious, offensive or objectionable due to the emission of odor, dust, smoke, cinders, gas fumes, noise, vibration, refuse matter or water carried waste.
(Ord. 2002-25. Passed 4-8-03.)
1156.04 REQUIRED LOT AREA.
Where a principal building is used for a combination of business and residence purposes, the requirements for the R-1 Residence Districts shall hold for the construction and use of all family units. Otherwise none except as noted.
(Ord. 2002-25. Passed 4-8-03.)
1156.05 YARD REQUIREMENTS.
(a) Open space. In a B-1 Business District, the entire lot may be covered, except as hereinafter otherwise specified.
(b) Front Yards.
(1) Where, at the time of the effective date of the Zoning Ordinance, a uniform set back line has been established or observed on one side of a street between two intersecting streets or for a distance of 300 feet on either side of the lot in question, no building hereafter erected or structurally altered shall project beyond such set back lines.
A. Where twenty-five percent (25%) or more of all the property, according to front feet, abutting one side of a street between two intersecting streets or for a distance of 300 feet on either side of the lot in question is built up with buildings having an average set back line or more, or less than thirty feet from the street line, then the required set back line for new buildings shall for interior lots, be the average of the two set back lines established by the two existing buildings, one on each side of the lot in question and nearest thereto. For corner lots and for interior with an existing building on one side only the required set back line shall be the set back line observed by the nearest building, in the same block, to the lot in question. No building hereafter erected or structurally altered shall project beyond the set back lines so established.
B. If no building line has been established, the front building line shall be a minimum of thirty feet from the street line of the street, road or highway.
(c) Side Yards.
(1) On every lot in a B-1 Business District that directly abuts a residence district, there shall be provided a yard of at least ten feet on such lot along the line or lines where it abuts such residence district. Within this yard there shall be provided an effective screen or fence, of type and height approved by the Board of Zoning Appeals. The space between such screen and fence and the side line of the adjoining premises shall be maintained in good condition.
(2) Corner lots shall have a building line on the side street as decided by the Zoning Board of Appeals.
(3) Interior lots may be built up to the property lines subject to fire restrictions. A side yard, if provided, shall be a minimum of three feet.
(d) Rear yards. On every lot in a B-1 Business District, there shall be provided a rear yard of at least ten feet, except that if the rear yard abuts an alley then the rear yard shall be at least three feet.
(Ord. 2002-25. Passed 4-8-03.)
(Ord. 2002-25. Passed 4-8-03.)
1156.06 HEIGHT REQUIREMENTS.
No building shall exceed three stories or forty-five feet in height.
(Ord. 2002-25. Passed 4-8-03.)
1156.07 OFF STREET PARKING.
There shall be provided off-street parking space for the use of employees and visitors sufficient to accommodate the motor vehicles of such employees and visitors, and, in addition, sufficient area for unloading, loading and storage of motor vehicles used in the conduct of the activity on the premises. Such parking areas shall comply with pertinent provisions of Chapter 1181.
(Ord. 2002-25. Passed 4-8-03.)
(Ord. 2002-25. Passed 4-8-03.)
1156.08 SIGNS (Billboards and Advertising Signs).
1156.09 LIGHTING.
Any lighting used in connection with any business use shall be so arranged as to reflect away from adjoining R-1 and R-2 Districts.
(Ord. 2002-25. Passed 4-8-03.)
(Ord. 2002-25. Passed 4-8-03.)
1158.01 PERMITTED USE.
A building or premises shall be used only for the following purposes:
(a) Commercial uses primarily of retail or service nature, including the following.
(1) Bakery, wholesale.
(2) Billiard rooms.
(3) Bowling alleys, located not less than 100 feet from any R District.
(4) Dance halls.
(5) Frozen food locker.
(6) Farm implement display and salesroom.
(7) Laundry, dry cleaning establishments.
(8) Storage, warehousing.
(9) Public Garages, subject to the following provisions:
A. No portion of the building shall be located less than fifty feet from a residence district.
B. No repair facilities shall be maintained in the front portion of the lot in the front of the established building line.
(10) Radio or television broadcasting station or studio.
(11) Theaters.
(12) Veterinarian or animal hospital provided no kennel or exercise runway shall be closer than fifty feet to any R District.
(13) Used car sales or storage lot when located at least fifty feet from any R District.
(14) Wholesale establishments.
(15) Printing or engraving plants.
(16) Testing and research laboratories.
(17) Creamery and dairy operations.
(18) When not employing more than ten persons on the premises:
A. Painting, plumbing or tin smithing shop
B. Tire sales and services, including vulcanizing
C. Upholstery shop, not involving furniture manufacture.
D. Any other general service or repair establishment of similar character.
(19) Any similar uses as determined by the Board of Zoning Appeals as not likely to create a nuisance due to excessive noise, vibration, dust smoke, odor or similar nuisance and subject to the limitations of Section 1158.02.
(Ord. 2023-28. Passed 11-20-23.)
1158.02 PROHIBITED USES.
The following uses are specifically prohibited.
(a) Blacksmith, welding shop
(b) Bottling works.
(c) Carting, trucking, hauling or storage yard.
(d) Coal, coke or wood storage
(e) Machine shop
(f) Stone or monument manufacturing works.
(g) Trailer camps
(h) All uses prohibited or regulated in I Industrial Districts.
(Ord. 2002-25. Passed 4-8-03.)
1158.03 ACCESSORY USES AND STRUCTURES.
(a) Uses and structures customarily incidental to any of the permitted principal uses are permitted, except that no such accessory use or structure shall be of a type prohibited in Section 1158.02 or of a type prohibited or regulated in I Districts.
(b) In general, any use which by reason of its nature or manner of operation is or may become hazardous, noxious, offensive or objectionable due to the emission of odor, dust, smoke, cinders, gas fumes, noise, vibration, refuse matter or water carried waste.
(Ord. 2002-25. Passed 4-8-03.)
1158.04 REQUIRED LOT AREA.
Where a principal building is used for a combination of business and residence purposes, the requirements for the R-1 Residence Districts shall hold for the construction and use of all family units. Otherwise none except as noted. Where a lot of record at the time of the effective date of the Zoning Ordinance has less area or width than herein required in the district in which it is located, and the owner or such lot does not own any other parcel or tract adjacent thereto, the lot may nonetheless be used for a one-family dwelling, subject to the following requirements.
(a) The front yard shall be as established in the Zoning Ordinance.
(b) In case the frontage of the lot of record is less than fifty feet, each side yard shall be at least ten percent of the lot frontage; but no side yard shall be less than three feet in any event. If the frontage is more than fifty feet, the side yards shall be as established in the Zoning Ordinance.
(Ord. 2002-25. Passed 4-8-03.)
1158.05 YARD REQUIREMENTS.
(a) Open space. In a B-2 Business District, the entire lot may be covered, except as hereinafter otherwise specified.
(b) Front Yards. No front yard is required except that established building lines shall be observed.
(c) Side Yards.
(1) On every lot in a B-1 Business District that directly abuts a residence district, there shall be provided a yard of at least ten feet on such lot along the line or lines where it abuts such residence district. Within this yard there shall be provided an effective screen or fence, of type and height approved by the Board of Zoning Appeals. The space between such screen and fence and the side line of the adjoining premises shall be maintained in good condition.
(2) Corner lots shall have a building line on the side street as decided by the Zoning Board of Appeals.
(3) Interior lots may be built up to the property lines subject to fire restrictions. A side yard, if provided, shall be a minimum of three feet.
(d) Rear yards. No rear yard is required except as follows:
(1) If the rear lot line abuts an alley, then a rear yard of three feet shall be required.
(2) If the rear lot line abuts an R-1 or R-2 Residence District, then a rear yard of six feet shall be required.
(e) Side and Read Yard Area. In measuring the width and depth of side or rear yards, in cases where the rear lot line is not parallel with, or the side lot lines not perpendicular to the street line, average dimensions may be used.
(Ord. 2002-25. Passed 4-8-03.)
(Ord. 2002-25. Passed 4-8-03.)
1158.06 HEIGHT REQUIREMENTS.
No building shall exceed four stories or sixty feet in height.
(Ord. 2002-25. Passed 4-8-03.)
1158.07 OFF STREET PARKING.
There shall be provided off-street parking space for the use of employees and visitors sufficient to accommodate the motor vehicles of such employees and visitors, and, in addition, sufficient area for unloading, loading and storage of motor vehicles used in the conduct of the activity on the premises. Such parking areas shall comply with pertinent provisions of Chapter 1181.
(Ord. 2002-25. Passed 4-8-03.)
(Ord. 2002-25. Passed 4-8-03.)
1158.08 SIGNS (Billboards and Advertising Signs).
1158.09 LIGHTING.
Any lighting used in connection with any business use shall be so arranged as to reflect away from adjoining R-1 and R-2 Districts.
(Ord. 2002-25. Passed 4-8-03.)
(Ord. 2002-25. Passed 4-8-03.)
1158.10 FENCE, STRUCTURE OR PLANTINGS.
(a) No fence, structure or planting, which obstructs clear visibility of approaching traffic on an intersecting street or way shall be erected or maintained in any district within twenty feet of the curb or pavement line.
(b) Subject to the provisions of subsection (a) hereof, fences, walks and plantings are permitted as follows:
(1) Fences, walls and hedges shall not exceed in height above the deviation of the surface of the ground:
A. Front yard - 4 feet
B. Side yard - 6 feet
C. Rear yard - 7 feet
D. Cannot be placed closer than three (3) feet from the property line.
(c) Cornices, canopies, eaves or other architectural features, may project a distance not exceeding three feet.
(d) An uncovered stair and necessary landing may project a distance not to exceed six feet; provided that such stair and landing shall not extend above the entrance floor of the building except for a railing not to exceed three feet in height.
(e) Bay windows, balconies and chimneys may project a distance not to exceed three feet; provided that such features do not occupy, in the aggregate, more than one-third of the length of the wall on which they are located.
(Ord. 2002-25. Passed 4-8-03.)
(Ord. 2002-25. Passed 4-8-03.)
1159.01 PERMITTED USE.
A building or premises shall be used only for the following purposes: Mobile Home Parks.
(Ord. 2002-25. Passed 4-8-03.)
1159.02 ACCESSORY USES.
Uses and structures customarily incidental to any of the permitted principal uses are permitted, however, that such uses or structures do not involve the conduct of a business and are strictly of a residential nature.
(Ord. 2002-25. Passed 4-8-03.)
(Ord. 2002-25. Passed 4-8-03.)
1159.03 LOT AREA; YARD, HEIGHT AND PARKING REQUIREMENTS.
(a) All mobile home parks shall comply with the regulations of the Ohio Department of Health, together with all amendments thereto subsequently adopted.
(b) Application for a zoning permit for a mobile home park shall be accompanied by one set of plans for the park approved by the Ohio Department of Health. No minimum area.
(Ord. 2002-25. Passed 4-8-03.)
1159.04 SIGNS (Billboards and Advertising Signs).
1159.05 LIGHTING.
Street lighting shall be as required by State Law.
(Ord. 2002-25. Passed 4-8-03.)
1159.06 FENCE, STRUCTURE OR PLANTINGS.
(a) No fence, structure or planting, which obstructs clear visibility of approaching traffic on an intersecting street or way shall be erected or maintained in any district within twenty feet of the curb or pavement line.
(b) Subject to the provisions of subsection (a) hereof, fences, walks and plantings are permitted as follows:
(1) Fences, walls and hedges shall not exceed in height above the deviation of the surface of the ground:
A. Front yard - 4 feet
B. Side yard - 6 feet
C. Rear yard - 7 feet
D. Cannot be placed closer than three (3) feet from the property line.
(c) Cornices, canopies, eaves or other architectural features, may project a distance not exceeding three feet.
(d) An uncovered stair and necessary landing may project a distance not to exceed six feet; provided that such stair and landing shall not extend above the entrance floor of the building except for a railing not to exceed three feet in height.
(e) Bay windows, balconies and chimneys may project a distance not to exceed three feet; provided that such features do not occupy, in the aggregate, more than one-third of the length of the wall on which they are located.
(Ord. 2002-25. Passed 4-8-03.)
(Ord. 2002-25. Passed 4-8-03.)
1159.07 PROHIBITED USES.
(a) Medical Marijuana Dispensaries prohibited (No variances permitted).
(Ord. 2021-48. Passed 12-6-21.)
1163.01 PERMITTED USE.
A building or premises shall be used only for the following purposes:
(a) Bottling, cold storage plant.
(b) The manufacturing, compounding, processing, packaging or treatment of cosmetics, pharmaceuticals and food products, except fish and meat products.
(c) The assembly of electrical instruments and devices.
(d) Manufacture of pottery or other similar ceramic products, using only previously pulverized clay and kilns fired only by electricity or gas.
(e) Laboratories, experimental or testing.
(f) The manufacture and repair of electric sings, advertising structures, light sheet metal products, including heating and ventilating equipment.
(g) Building material sales yard, retail lumber yard, contractor's equipment storage yard or plant, storage yard for vehicles of a delivery or trucking service.
(h) Garment manufacture.
(i) Any other use that is determined by the Board to be of the same general character as the above permitted uses, subject to the limitations of Section 1163.02.
(Ord. 2023-28. Passed 11-20-23.)
1163.02 PROHIBITED USES.
(b) In general, any use which by reason of its nature or manner of operation is or may become hazardous, noxious, offensive or objectionable due to the emission of odor, dust, smoke, cinders, gas fumes, noise, vibration, refuse matter or water carried waste.
(c) No building, zoning or occupancy permit shall be issued for any of the following uses until and unless the location of such use shall have been authorized by the Zoning Board of Appeals in accordance with the provisions of Section 1137.06.
(1) Abattoirs and slaughterhouses or stockyards.
(2) Acid manufacture of wholesale storage of acids.
(3) Asphalt, creosote manufacture or treatment; or asphalt paving plants.
(4) Cement, lime, gypsum or plaster of paris manufacture.
(5) Coal tar products manufacture.
(6) Chlorine or bleaching powder, manufacturing or refining.
(7) Distillation of bones, coal or wood.
(8) Explosive manufacture or storage.
(9) Fat rendering, soap, tallow, grease or lard manufacturing or refining.
(10) Fertilizer, gas or glue manufacture.
(11) Garbage, offal, dead animals or refuse, incineration, reduction or storage.
(12) Gas, bottled of LP, storage in excess of an amount necessary for consumption on the premises.
(13) Gasoline, storage in excess of an amount necessary for use on the premises or for retail trade supply.
(14) Grain elevator and bulk grain storage.
(15) Junkyards, junk shops, sorting or baling. This is prohibited in Delphos?
(16) Petroleum or petroleum products, refining or wholesale storage
(17) Plating works.
(18) Raw hides or skins, tanning, curing or storage.
(19) Race tracks and courses for the conduct of seasonal or periodic racing meets of automobiles, motorcycles, go-carts and the like.
(20) Motor vehicles or equipment wrecking or salvaging.
(21) Storage of used vehicles or equipment for the purpose of wrecking or salvage.
(22) Trailers, trailer camps.
(23) Any use which may be obnoxious or offensive by reason of the emission of odor, dust, gas, smoke, vibration or noise.
(Ord. 2002-25. Passed 4-8-03.)
(24) Medical Marijuana Dispensaries (No variances permitted.)
(Ord. 2021-48. Passed 12-6-21.)
1163.03 ACCESSORY USES AND STRUCTURES.
Uses and structures customarily incidental to any of the principal permitted uses are permitted, except that no such accessory use or structure shall be of a type prohibited in Section 1163.02.
(Ord. 2002-25. Passed 4-8-03.)
(Ord. 2002-25. Passed 4-8-03.)
1163.04 REQUIRED LOT AREA.
None except as noted elsewhere.
(Ord. 2002-25. Passed 4-8-03.)
(Ord. 2002-25. Passed 4-8-03.)
1163.05 YARD REQUIREMENTS.
(a) The principal and accessory structures and uses shall not cover more than eighty- five percent (85%) of the area of the lot.
(b) The front yard shall be a minimum of twenty-five feet.
(c) There shall be two side yards, each having a width of at least six feet, except that where a side yard shall abut an R-1 or R-2 Residence District, the side yard shall be fifteen (15) feet in width.
(d) No rear yard is required except as follows:
(1) If the rear lot line abuts an alley, then a rear yard of three feet shall be required.
(2) If the rear lot line abuts an R-1 or R-2 Residence District, then a rear yard of twenty five (25) feet shall be provided.
(Ord. 2002-25. Passed 4-8-03.)
1163.06 HEIGHT REQUIREMENTS.
No building shall exceed three stories of fifty feet in height unless it is set back one foot from all required yard lines for each foot of additional height above fifty feet.
(Ord. 2002-25. Passed 4-8-03.)
1163.07 PARKING AND STORAGE.
There shall be provided off-street parking space for the use of employees and visitors sufficient to accommodate the motor vehicles of such employees and visitors, and, in addition, sufficient area for unloading, loading and storage of motor vehicles used in the conduct of the activity on the premises. Such parking areas shall comply with pertinent provisions of Chapter 1181.
(Ord. 2002-25. Passed 4-8-03.)
(Ord. 2002-25. Passed 4-8-03.)
1163.08 SIGNS (Billboards and Advertising Signs).
1163.09 LIGHTING.
Any lighting used in connection with any business use shall be so arranged as to reflect away from adjoining R-1 and R-2 Districts.
(Ord. 2002-25. Passed 4-8-03.)
1165.01 PERMITTED USE.
A building or premises may be used for:
(a) Heavy Industrial and Manufacturing
(b) Motor Vehicle Major Repair
(c) Trucking, carting, express or hauling terminal or transfer establishments including vehicle storage.
(d) Any purpose other than residential not in conflict with any City ordinance or law of the State, regulating nuisances, except for those uses listed in Section 1165.02 and must be approved by Zoning Board of Appeals.
(Ord. 2023-28. Passed 11-20-23.)
1165.02 PROHIBITED USES.
No building, zoning or occupancy permit shall be issued for any of the following uses until and unless the location of such use shall have been authorized by the Zoning Board of Appeals in accordance with the provisions of Section 1137.06.
(a) Abattoirs and slaughterhouses or stockyards.
(b) Acid manufacture of wholesale storage of acids.
(c) Asphalt, creosote manufacture or treatment; or asphalt paving plants.
(d) Cement, lime, gypsum or plaster of paris manufacture.
(e) Coal tar products manufacture.
(f) Chlorine or bleaching powder, manufacturing or refining.
(g) Distillation of bones, coal or wood.
(h) Explosive manufacture or storage.
(i) Fat rendering, soap, tallow, grease or lard manufacturing or refining.
(j) Fertilizer, gas or glue manufacture.
(k) Garbage, offal, dead animals or refuse, incineration, reduction or storage.
(l) Gas, bottled or LP, storage in excess of an amount necessary for consumption on the premises.
(m) Gasoline, storage in excess of an amount necessary for use on the premises or for retail trade supply.
(n) Grain elevator and bulk grain storage.
(o) Junkyards, junk shops, sorting or baling.
(p) Petroleum or petroleum products, refining or wholesale storage
(q) Plating works.
(r) Raw hides or skins, tanning, curing or storage.
(s) Race tracks and courses for the conduct of seasonal or periodic racing meets of automobiles, motorcycles, go-carts and the like.
(t) Motor vehicles or equipment wrecking or salvaging.
(u) Storage of used vehicles or equipment for the purpose of wrecking or salvage.
(v) Trailers, trailer camps.
(w) Any use which may be obnoxious or offensive by reason of the emission of odor, dust, gas, smoke, vibration or noise.
(Ord. 2002-25. Passed 4-8-03.)
(x) Medical Marijuana Dispensaries prohibited (No variance permitted).
(Ord. 2021-48. Passed 12-6-21.)
1165.03 EXCEPTIONS.
The Board of Zoning Appeals may, in accordance with the provisions of Section 1137.06 authorize the issuance of a zoning certificate for any of the prohibited uses set forth in Section 1165.02. In considering the application for such uses, the Board shall give due regard to the nature and condition of all adjacent uses and buildings; and in authorizing such use, the Board may impose such requirements and conditions with respect to locations, construction, maintenance and operation, in addition to those expressly stipulated in the Zoning Ordinance, as the Board may deem necessary for the protection of adjacent properties and public interest.
(Ord. 2002-25. Passed 4-8-03.)
1165.04 WASTE DISPOSAL; NUISANCE ABATEMENT.
The best practical means known for the disposal of refuse matter or water-carried waste, the abatement of obnoxious or offensive odor, dust, smoke, gas, noise or similar nuisance shall be employed by all uses in this district. (Ord. 2002-25. Passed 4-8-03.)
1165.05 AREA LOT REQUIREMENTS.
None except as noted elsewhere.
(Ord. 2002-25. Passed 4-8-03.)
(Ord. 2002-25. Passed 4-8-03.)
1165.06 YARD REQUIREMENTS.
(a) The principal and accessory structures and uses shall not cover more than ninety percent (90%) of the area of the lot.
(b) Front Yard.
(1) Where, at the time of the effective date of the Zoning Ordinance, a uniform set back line has been established or observed on one side of a street between two intersecting streets or for a distance of 300 feet on either side of the lot in question, no building hereafter erected or structurally altered shall project beyond such set back lines.
(2) Where twenty-five percent (25%) or more of all the property, according to front feet, abutting one side of a street between two intersecting streets or for a distance of 300 feet on either side of the lot in question is built up with buildings having an average set back line or more, or less than thirty feet from the street line, then the required set back line for new buildings shall for interior lots, be the average of the two set back lines established by the two existing buildings, one on each side of the lot in question and nearest thereto. For corner lots and for interior with an existing building on one side only the required set back line shall be the set back line observed by the nearest building, in the same block, to the lot in question. No building hereafter erected or structurally altered shall project beyond the set back lines so established.
(3) If no building line has been established, the front building line shall be a minimum of thirty feet from the street line of the street, road or highway.
(c) There shall be two side yards, each having a width of at least six feet, except that where a side yard shall abut an R-1 or R-2 Residence District, the side yard shall be fifteen (15) feet in width.
(d) No rear yard is required except as follows:
(1) If the rear lot line abuts an alley, then a rear yard of three feet shall be required.
(2) If the rear lot line abuts an R-1 or R-2 Residence District, then a rear yard of twenty five (25) feet shall be provided.
(Ord. 2002-25. Passed 4-8-03.)
1165.07 HEIGHT REQUIREMENTS.
No building shall exceed three stories of fifty feet in height unless it is set back one foot from all required yard lines for each foot of additional height above fifty feet.
(Ord. 2002-25. Passed 4-8-03.)
1165.08 PARKING AND STORAGE.
There shall be provided off-street parking space for the use of employees and visitors sufficient to accommodate the motor vehicles of such employees and visitors, and, in addition, sufficient area for unloading, loading and storage of motor vehicles used in the conduct of the activity on the premises. Such parking areas shall comply with pertinent provisions of Chapter 1181.
(Ord. 2002-25. Passed 4-8-03.)
(Ord. 2002-25. Passed 4-8-03.)
1165.09 SIGNS (Billboards and Advertising Signs).
1165.10 LIGHTING.
Any lighting used in connection with any business use shall be so arranged as to reflect away from adjoining R-1 and R-2 Districts.
(Ord. 2002-25. Passed 4-8-03.)