Zoneomics Logo
search icon

East Liverpool City Zoning Code

TITLE THREE

District Establishment and Regulations

1121.01 DISTRICT CATEGORIES.

   The City is hereby divided into districts under four general categories which shall be known as:  Open Area Districts, Residential Districts, Business Districts and Industrial Districts.

1121.02 OPEN AREA DISTRICTS.

   (a)   "S-1" Special.  Large public or semipublic land holdings, land which is suitable for noncommercial recreation, areas to be kept open for highway interchanges or take-off or landing of aircraft, low lying land subject to periodic flooding or land to be kept open to protect the source of Municipal water supply.
   (b)   "A-1" Agriculture.  Land which is level or gently rolling and is best reserved for agricultural and other rural purposes.

1121.03 RESIDENTIAL DISTRICTS.

   (a)   "R-1" Low Density Residence.  For relatively low density residential development which has or logically will have group water and sewerage facilities developed.
   (b)   "R-2" Medium Density Residence.  For medium density residential development which has ready access to most community facilities.  Community water and sewerage facilities are required.
(Ord. 14, 1967.)
   (c)   "R-3" Medium-High Density Residence.  For moderately high density residential development conveniently accessible to all community facilities and major traffic arteries.  Compensating open areas must be included in the site plan or located in close proximity.
   (d)   "R-4" High Density Residence.  For high density residential development.  Compensating open areas must be included in the site plan or located in close proximity.
(Ord. 10, 1968.)

1121.04 BUSINESS DISTRICTS.

   (a)   "B-1" Neighborhood Business.  Areas for small local business with convenience- type goods such as are handled in small drugstores, plus personal services such as barber shops and beauty salons.  Uses in these areas must be compatible with surrounding residential uses and not be large generators of traffic.
   (b)   "B-2" Community Shopping Center.  Shopping centers of an integrated design which provide adequate parking and servicing areas.  They must be located along major thoroughfares, have restricted points of access and be screened or fenced from surrounding residential areas.
   (c)   "B-3" Institutions and Offices.  Areas for business offices, professional offices, laboratories and scientific research facilities, and institutions of a religious, charitable or philanthropic nature.
   (d)   "B-4" Highway or General Business.  Areas along major highways or thoroughfares which provide sales and services oriented to highway travelers, or general businesses including sale and service for automotive, farm machinery, building trades, etc.
   (e)   "B-5" Central Business District.  The existing central business district plus additional areas which are logical for the extension of the central business district.

1121.05 INDUSTRIAL DISTRICTS.

   (a)   "M-1" Restricted Industrial.  Areas for industries, research facilities, and offices of a restricted nature which will have little or no detrimental effects on neighboring urban land uses.
   (b)   "M-2" Limited Industrial.  Areas for limited processing and storage of agricultural supplies, grain, building materials, oil and gas well equipment storage and sales, plus sand and gravel extraction.
   (c)   "M-3" General Industrial.  Areas which because of their access to transportation and community services; and relative isolation from other urban uses provide good sites for most types of heavier industries.

1121.06 ZONING DISTRICT MAP.

   The boundaries of the districts are shown on the Map which is attached to, incorporated by reference and made part of this Zoning Ordinance, which Map is designated as the "Zoning District Map."  Such Map and all of the notations, references and other information shown thereon are a part of this Zoning Ordinance and have the same force and effect as if such Map and all the notations, references and other information shown thereon were all fully set forth or described herein; the original of such Map is properly attested and is on file with the Service Director.
   No changes of any nature shall be made in the Zoning District Map or matter shown thereon except in conformity with the procedures set forth in this Zoning Ordinance.
   In the event that the Zoning District Map becomes damaged, destroyed or lost, Council may by ordinance adopt a new Zoning District Map which shall supersede the prior Zoning District Map. 

1121.07 DISTRICT BOUNDARIES.

   The district boundary lines on such Map are intended to follow either center lines of streets or alleys or lot lines, and, where the districts designated on the Map are bounded approximately by such street, alley or lot lines, the street, alley or lot line shall be construed to be the boundary of the district, unless such boundary is otherwise indicated on the Map.  In the case of unsubdivided property, the district boundary line shall be determined by the use of the scale appearing on the Zoning District Map or by dimensions.
1

1123.01 PERMITTED AND CONDITIONAL USES.

   The permitted and conditional uses for each district are shown in the accompanying tabulation which shall constitute Chapter 1123 of this Zoning Ordinance.  The interpretation of uses given in categorical terms shall be as defined in Chapter 1103.  Uses not specifically listed or interpreted to be included categorically under this chapter and Chapter 1103 shall not be permitted except by amendment to this Zoning Ordinance.
PERMITTED USES
“S-1"
Special
“A-1"
Agriculture
“R-1"
Low Density Residence
Parks
Single-family dwelling
Single-family dwelling
Public uses
Agriculture and forestry
Public uses
Essential services
Public uses
Semipublic uses
Accessory uses
Accessory uses
Plant cultivation
Conservation and highway
Essential services
Essential services interchange areas
Accessory uses
Noncommercial recreational facilities
Noncommercial recreational facilities
Agriculture and forestry
Plant cultivation
 
 
 
 
SPECIAL EXCEPTIONS REQUIRING BOARD APPROVAL
Public service facility
Restricted commercial recreational facilities
Two-family dwelling
Restricted commercial recreational facilities
Institutions
Public service facility
Cemetery
Cemetery
Noncommercial recreational facilities
Airports
Specialized animal raising and care
Professional activities
Semipublic uses
Commercial billboards
Home occupations
Home occupations
Agriculture
Sand, gravel, topsoil extraction
Airports
Semipublic uses
Public service facility
PERMITTED USES
“R-2"
Medium Density
Residence
“R-3"
Medium to High
Density Residence
“R-4"
High Density
Residence
“B-1"
Neighborhood
Business
Single-family dwelling
Single-family dwelling
Multiple-family dwelling
Neighborhood retail business
Two-family dwelling
Two-family dwelling
Public uses
(See definition, Section 1103.12 (e))
Multiple-family dwelling
Multiple-family dwelling
Essential services
Personal services
Plant cultivation
Public uses
Accessory uses
Professional activities
Public uses
Essential services
(Ord. 10,1968)
Public uses
Essential services
Accessory uses
Essential services
Accessory uses
Accessory uses
 
SPECIAL EXCEPTIONS REQUIRING BOARD APPROVAL
Nursery school
Noncommercial recreational facilities
Public service facility
Child care clinic
Nursery school
Professional activities
Child care clinic
Home occupations
Professional activities
Lodging and boarding houses
Home occupations
Semipublic uses
Nursing homes
Noncommercial recreational facilities
Lodging and boarding houses
Public service facility
Tourist homes
Mobile home subdivision
Semipublic uses
Public service facility
Mobile home subdivision
Mobile home park
 
PERMITTED USES
“B-2"
Community Shopping
Center
“B-3"
Institutions and
Offices
“B-4"
Highway
Business
“B-5"
Central
Business
Retail sales:
Public uses
Service stations
Retail business
  Food
Institutional buildings:
Restaurants
Personal services
  Apparel
  religious
Motels and hotels
Business services
  Hardware
  charitable
Building trades and service
Professional activities
  Home furnishings
  philanthropic
Transportation equipment sales and repair
Commercial schools
Services:
Office buildings
Essential services
Offices and banks
  Professional
Essential services
Public uses
Restaurants and taverns
  Personal
Accessory uses
Accessory uses
Hotels and motels
  Commercial entertainment facilities
Semi-public uses
Social activities
Commercial entertainment facilities
Public uses
Public uses
Essential services
Semipublic uses
Accessory uses
Social activities
Restaurants and taverns
Essential services
Accessory uses
 
SPECIAL EXCEPTIONS REQUIRING BOARD APPROVAL
Gasoline stations
Laboratories
Semipublic uses
Drive-in commercial uses
Semipublic uses
Scientific research facilities
Outdoor advertising
Printing and publishing
Automotive sales
Restaurants
Wholesale business
Mortuaries
Public service facility
Mortuary
Printing and publishing
Multiple-family dwelling
Drive-in banks
Public service facilities
Bakeries and dairies
Public service facility
Animal hospitals and clinic
Gas stations
Commercial recreation
Automotive sales
Commercial entertainment facilities
Mortuary
Public service facilities
Mobile home parks
 
PERMITTED USES
“M-1"
Restricted Industrial
“M-2"
Limited Industrial
“M-3"
General Industrial
Restricted manufacturing (see definitions, Section 1103.40 (c))
Grain elevators and feed mills
General manufacturing (see definition Section 1103.40 (a))
Offices
Sale and storage of building materials
Manufacturing, sale and storage of building materials
Public service facility
Oil and gas well equipment storage and sales
Ceramic products manufacturing
Essential services
Agriculture
Transport and trucking terminals
Accessory uses
Wholesale business
Wholesale business
Agriculture
Warehousing
Warehousing
Public service facility
Agriculture
Essential services
Food processing
Transport and trucking terminals
Grain elevators and feed mills
Public service facility
Mineral extraction
Sand, gravel and topsoil extraction
Essential services
 
SPECIAL EXCEPTIONS REQUIRING BOARD APPROVAL
Outdoor advertising
Outdoor advertising
Recreational facilities
Food processing
Sand and gravel extraction
Restaurants
Restaurants
Mineral processing and storage
Outdoor advertising
Junk storage and sales
Stockyards
Slaughterhouses
Petroleum refining and storage
Oil and gas wells
 
(Ord. 37, 1967; Ord. 42, 1977; Ord. 62, 1985.  Passed 10-7-85; Ord.  52, 1998.  Passed 9-8-98.)

1125.01 YARD, AREA AND HEIGHT FOR DWELLINGS.

   The following schedule establishes yard, area and height requirements for dwellings and structures accessory to dwellings by district:
District
Minimum Lot Width (In Feet)
Minimum Lot Area (Per Family)
Minimum Yard
(In Feet)
Minimum Yard
Width (In Feet)
Maximum Height of Buildings
Front
Rear
Either
Side
Sum of
Side Yards
Stories
Feet
“S-1"
300
3 acres
60
--
25
60
2-1/2
35
“A-1"
300
3 acres
60
--
25
60
2-1/2
35
“R-1"
With off-site combined-sewage disposal system and public water facilities:
Single- family
100
20,000
sq. ft.
25
30
20
40
2-1/2
35
Two- family
150
15,000
sq. ft.
25
30
20
40
2-1/2
35
With on-site individual sewage disposal systems, minimum lot size shall be determined by the Board of Health.
“R-2"
 
 
 
 
 
 
 
 
Combined-sewage disposal system and public water facilities are required.
Single- family
70
10,000
sq. ft.
30
30
8
18
2-1/2
35
Two- family
100
7,000
sq. ft.
30
30
10
25
2-1/2
35
Multi- family*
120
4,000
sq. ft.
30
30
12
30
3
40
Mobile homes and mobile home subdivision s
70
10,000
sq. ft.
30
30
8
18
2
20
“R-3"
 
 
 
 
 
 
 
 
Combined sewage-disposal system and water facilities are required.
Single- family
60
7,500
sq. ft.
25
30
8
16
2-1/2
35
Two- family
80
5,000
sq. ft.
25
30
10
20
2-1/2
35
Multi- family*
120
4,000
sq. ft.
30
30
12
30
3
40
Mobile homes and mobile home subdivision s
60
7,500
sq. ft.
25
30
8
16
2
20
“R-4"
 
 
 
 
 
 
 
 
Combined-sewage disposal system and water facilities are required.
Multi- family*
200
1,200
sq. ft.
30
30
12
30
12
135
“B-5"
Multi- family*
100
3,000
sq. ft.
25
30
10
25
6
60
 
*  Maximum percent of lot coverage with buildings is twenty-five percent.
(Ord. 14, 1967; Ord. 10, 1968.)

1125.02 SPECIAL REQUIREMENTS FOR DWELLINGS.

   (a)   Floor Area Requirements.  The floor area per family in a dwelling erected on any lot shall not be less than that established by the following table.  In determining floor area, only area used for living quarters shall be counted.  Utility rooms, garages, carports, porches, laundry area, heater rooms, halls, stairways and basements are to be excluded.
 
No. of Bedrooms in
Each Family Unit
Minimum Floor Area
Per Family Unit
(Square Feet)
0
450
1
600
2
750
3
850
4
950
5
1,050
 
   (b)   Multiple Dwellings.
      (1)   Minimum lot size:  The following minimum requirements shall apply to the erection of multiple dwellings or apartment buildings:
 
District
Minimum Area of Lot
(Square Feet)
“R-2"
14,000
“R-3"
14,000
“R-4"
40,000
“B-5"
12,000
 
      (2)   More than one multiple dwelling or apartment building may be permitted on a single lot only after approval of the site plan by the Planning Commission.
      (3)   Multiple dwellings or apartment buildings shall utilize collective sewers connecting with an approved community sewage disposal system.
         (Ord. 14, 1967; Ord. 10, 1968.)

1125.03 YARD, AREA, LOT COVERAGE AND HEIGHT FOR NON- RESIDENTIAL BUILDINGS.

   The following table establishes the yard, area, lot coverage and height requirements of all buildings except dwellings and structures accessory to dwellings, by district.
District
Minimum Lot Width (In Feet)
Minimum Lot Area
Minimum Depth (In Feet)
Minimum Width Each Side Yard (In Feet)
Maximum Percent of Lot Coverage
Maximum Height of Buildings
Front Yard
Rear Yard
Stories
Feet
“S-1"
250
3 acres
60
60
50
20
4
45
“A-1"
250
3 acres
60
60
50
10
3
40
“R-1"
200
2 acres
50
50
30
20
3
40
“R-2"
150
1 acre
40
40
30
25
3
45
“R-3"
100
20,000 sq. ft.
30
30
20
30
4
45
“R-4"
200
40,000 sq. ft.
30
30
20
30
4
45
“B-1"
70
7,500 sq. ft.
30
20
None
50
2
35
“B-2"
300
2 acres
50
30
20
30
2
35
“B-3"
100
20,000 sq. ft.
40
30
15
30
3
45
“B-4"
100
20,000 sq. ft.
40
20
15
40
3
45
“B-5"
30
3,600
None
20
None
80
6
60
“M-1"
200
1 acre
50
40
30
30
3
45
“M-2"
200
2 acres
40
40
20
50
3
45
“M-3"
200
2 acres
50
40
30
40
3
45
 
(Ord. 14, 1967; Ord. 10, 1968.)

1125.04 SIDE AND REAR YARDS FOR NONRESIDENTIAL USES ABUTTING "R" DISTRICTS.

   (a)   Minimum Yard Requirements.  Nonresidential buildings or uses shall not be located or conducted closer to any lot line of an "R" District than the distance specified in the following schedule, except as provided in subsection (b) hereof.
 
Minimum Side or Rear Yard
Abutting any “R” District
(In Feet)
Use
25
Off-street parking and loading spaces and access drives for nonresidential uses.
50
Churches, schools and public or semipublic buildings.
60
Recreation facilities, entertainment facilities, motels, trailers and mobile home parks, all commercial uses and billboards.
100
Outside sale or storage of building material or construction equipment and all industrial uses, except those listed below.
500
Auto and metal salvage operations; mineral extraction or processing.
 
   (b)   Landscaping or Screening Provisions.  For nonresidential uses abutting "R" Districts the minimum yards may be reduced to fifty percent of the requirements stated in subsection (a) hereof, if acceptable landscaping or screening, approved by the Zoning Inspector, is provided.  Such screening shall be a masonry or solid fence between four and six feet in height maintained in good condition and free of all advertising or other signs.  Landscaping provided in lieu of such wall or fence shall consist of a strip of land not less than ten feet in width planted with an evergreen hedge or dense planting of evergreen shrubs not less than four feet in height.

1125.05 HEIGHT FOR INSTITUTIONAL, OFFICE, INDUSTRIAL AND APARTMENT BUILDINGS AND STRUCTURES.

   (a)   Institutional, industrial and apartment buildings with a height in excess of the maximum height specified in Sections 1125.01 and 1125.03 for such buildings may be permitted provided the required front, side and rear yards are increased by one foot for each foot of additional building height above the maximum specified in Sections 1125.01 and 1125.03, except that no building shall exceed a maximum height of 100 feet without prior approval of the Board of Zoning Appeals.
   (b)   The height regulations prescribed herein shall not apply to television and radio and communication towers, church spires, belfries, monuments, tanks, water and fire towers, stage towers or scenery lofts, cooling towers, ornamental towers and spires, chimneys, silos and similar structures, elevator bulkheads, smokestacks, conveyors and flagpoles, except where the height of such structures will constitute a hazard to the safe landing and take-off of aircraft at an established airport.

1125.06 EXISTING LOTS OF RECORD.

   Any lot of record existing at the effective date of this Zoning Ordinance (Ordinance 14, 1967, passed May 22, 1967.) in any "R" District may be used for the erection of a single-family dwelling even though its area and width are less than the minimum requirements set forth herein.  Each side yard shall be a minimum of five feet.  Where two adjacent lots of record with less than the required area and width are held by one owner, the Board may require that the lot be combined and used for one main building.  In either case, the prevailing setback shall be met.  Where three or more contiguous unimproved lots of record with less than the required area and width are held by one owner, the Board may require replatting of fewer lots to permit compliance with minimum yard requirements.

1125.07 ARCHITECTURAL PROJECTIONS.

   (a)   Cornices, eaves, sills, canopies or similar architectural projections may extend or project into required side yards not more than two inches for each one foot of width of such side yard, and may extend or project into a required front or rear yard not more than thirty inches.  Bay windows and chimneys may project into a required front, side or rear yard not more than eighteen inches provided the side yard is not reduced to less than eight feet.
   (b)   Open structures, such as porches, balconies, platforms, carports and covered patios, shall be considered a part of the building to which attached and shall not project into the required minimum front, side or rear yard.

1125.08 SETBACK OF BUILDINGS ON PRINCIPAL STREETS AND HIGHWAYS.

   Along any State, Federal or major highway, or major street, except in a "B-5" District, no building or accessory building shall be located within seventy-five feet from the existing center line of such highway or any proposed center line on the City's Thoroughfare Plan.  Where there is no officially established public center line for a road open to the public, all buildings shall be set back at least seventy-five feet from the center line of the traveled roadway.

1125.09 SPECIAL YARD REQUIREMENTS.

   (a)   Lots having frontage on more than one street shall provide the required front yards along every street.
   (b)   No accessory buildings shall be located in any front or side yard except under unusual circumstances where such activity shall not conflict with the intent and purposes of this Zoning Ordinance; or, where enforcement shall result in extreme hardship.  Either exception shall require approval of the Board.  Accessory buildings such as garages may be located in the rear yard provided such buildings are set back at least three feet from the side lot lines and six feet from the rear lot line.
   (c)   No accessory uses or structures, off-street parking facilities or material or equipment storage shall be located in any front yard without approval of the Board.

1125.10 TRAFFIC VISIBILITY ACROSS CORNER LOTS.

   In any district on any corner lot, no fence, structure or planting shall be erected or maintained within twenty feet of the corner at a height between two and one-half and ten feet above curb or street grade, or so as to interfere with traffic visibility across the corner.

1127.01 OFF-STREET PARKING.

   (a)   General Requirements.  In all districts, in connection with every industrial, business, institutional, recreational, residential or other use, there shall be provided, at any time any building or structure is erected or is enlarged or increased in capacity, off-street parking spaces for automobiles in accordance with the following requirements:
      (1)   Each off-street parking space shall have an area of not less than 180 square feet, exclusive of access drives or aisles, and shall be of usable shape and condition.
      (2)   There shall be adequate provision for ingress and egress to all parking spaces.  Where a lot does abut on a public or private alley or easement of access, there shall be provided an access drive not less than eight feet in width in the case of a dwelling, and not less than eighteen feet in width in all other cases, leading to the parking or storage areas or loading or unloading spaces required hereunder.
   (b)   Number of Spaces Required.  The number of off-street parking spaces to be provided shall not be less than the following:
Use
Parking Spaces Required
One-family units
1 for each dwelling.
Two family, multiple dwellings and mobile homes.
1-1/2 for each dwelling unit.
Rooming or boarding house, tourist home, hotel or motel or dormitory
1 for each sleeping room or suite.
Private club, golf club or lodge
1 for each 5 members.
Church or temple
1 for each 5 seats in main auditorium.
School (except high school or college)
1 for each 10 seats in auditorium or main assembly room, or 1 for each classroom, whichever is greater.
College or high school
1 for each 8 seats in main auditorium or 3 for each classroom, whichever is greater.
Community center, library, museum or art gallery
10 plus 1 additional for each 300 square feet of floor area in excess of 2,000 square feet.
Commercial golf course
40 for each 9 holes plus 1 for each employee.
Hospital, sanitarium, convalescent home, home for the aged, or similar institution.
1 for each 3 beds.
Theater or auditorium (except school auditorium), sports arena stadium or gymnasium
1 for each 5 seats or each 10 lineal feet of bench seating spaces.
Bowling alley
5 for each lane; plus 1 additional space for each 200 square feet of area used for eating, drinking or other recreation.
Mortuary or funeral home
1 for each 50 square feet of floor space in slumber rooms, parlors or individual funeral service rooms.
Personal or professional services restaurants, night clubs, cafes or similar recreation or amusement establishments, dance halls, assembly or exhibition halls without fixed seats.
1 for each 100 square feet of floor area.
Retail business or business service establishment except as otherwise specified herein.
1 for each 150 square feet of gross floor area, plus 1 for each 2 employees on the maximum work shift.
Furniture or appliance store, hardware store, wholesale establishments, machinery or equipment sales and service.
2 plus 1 additional for each 200 square feet of floor area over 1,000 square feet.
Printing or plumbing shop or similar service establishment.
1 for each 2 persons employed therein.
Manufacturing or industrial establishment, research or testing laboratory, dairy processing, bakery, bottling plant, warehouse or similar establishment.
1 for each 2 employees on the maximum working shift plus space to accommodate all trucks and other vehicles used in connection therewith.  (Ord. 14, 1967.)
Public sponsored housing
Minimum - 1 for each five dwelling units.  (Ord. 10, 1968.)
   (c)   Interpretation.  The following rules shall govern the determination of spaces required:
      (1)   "Floor area" means the gross floor area of the specified use.
      (2)   Fractional numbers shall be increased to the next whole number.
      (3)   The parking space requirement for a use not specifically mentioned herein shall be the same as required for a use of similar nature.
      (4)   Whenever a building or use constructed or established after the effective date of this Zoning Ordinance (Ordinance 14, 1967, passed May 22, 1967) is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise, to create a need for an increase of ten percent or more in the number of existing parking spaces, such spaces shall be provided on the basis of the enlargement or change.  Whenever a building or use existing prior to the effective date of this Zoning Ordinance is enlarged to the extent of fifty percent (50%) or more in floor area or in the area used, such building or use shall then and thereafter comply with the parking requirements set forth herein.
         (Ord. 14, 1967.)
   (d)   Exceptions for Central Business District.  The provisions of this section shall not apply to the Central Business District Section1121.04 (e) as shown on the Zoning District Map.
(Ord. 24, 1968.)

1127.02 SPECIAL PARKING PROVISIONS.

   Every parcel of land hereafter used as a public, commercial or private parking lot shall be developed and maintained in accordance with the following requirements:
   (a)   Screening and Landscaping.  Off-street parking areas for more than five vehicles shall be effectively screened on each side which adjoins or faces premises situated in any "R" District, or institutional premises, by a masonry wall or solid fence, such wall or fence shall be not less than four feet or more than six feet in height and shall be maintained in good condition without any advertising thereon.  The space between such wall or fence and the lot line of the adjoining premises in any "R" District shall be landscaped with grass, hardy shrubs or evergreen ground cover and maintained in good condition.  In lieu of such wall or fence, a strip of land not less than ten feet in width, and planted and maintained with an evergreen hedge or dense planting of evergreen shrubs not less than four feet in height, may be substituted.
   (b)   Minimum Distance and Setbacks.  No part of any parking area for more than five vehicles shall be closer than twenty feet to any dwelling, school, hospital or other institution for human care located on an adjoining lot, unless screened by an unpierced masonry wall.  If on the same lot with a main building, the parking area shall not be located within the front yard required for such building.  In no case shall any part of a parking area be closer than five feet to any established street or alley right of way.  The wall or hedge required in subsection (a) hereof, shall be set back from each street the same as if it were a building wall, so as to observe the front yard requirements of this Zoning Ordinance.
   (c)   Joint Use.  Two or more nonresidential uses may jointly provide and use parking spaces when their hours of operation do not normally overlap, provided that a written agreement, approved by the Law Director and accepted by the Board of Appeals shall be filed with the application for a zoning certificate.
   (d)   Other Locations.  Parking spaces may be located on a lot other than that containing the principal use with the approval of the Board of Appeals, provided a written agreement, approved by the Law Director and accepted by the Board of Appeals, shall be filed with the application for a zoning certificate.
   (e)   Surfacing.  Any off-street parking area for more than five vehicles shall be graded for proper drainage and surfaced so as to provide a durable and dustless surface.
   (f)   Lighting.  Any lighting used to illuminate any off-street parking area shall be so arranged as to reflect the light away from adjoining premises in any "R" District.
   (g)   Disabled Vehicles.  The parking of a disabled vehicle within a residential district for a period of more than two weeks shall be prohibited, except that such vehicles may be stored in an enclosed garage or other accessory building, provided that no business shall be conducted in connection therewith while such vehicle is parked or stored.

1127.03 OFF-STREET LOADING.

   (a)   In any district, in connection with every building or part thereof hereafter erected and having a gross floor area of 10,000 square feet or less, which is to be occupied by storage, warehouse, retail store, wholesale store, hotel, hospital, mortuary, dry cleaning or other uses similarly requiring the receipt or distribution by vehicle of material or merchandise, there shall be provided and maintained on the same lot with such building, at least one off-street loading space; plus one additional such loading space for each additional 20,000 square feet or fraction thereof of gross floor area.
   In all industrial districts, in connection with every building or part thereof hereafter erected, there shall be provided and maintained on the same lot with such building at least one off- street loading space for each 10,000 square feet of floor area.
   (b)   Each loading space shall be not less than twelve feet in width, fourteen feet in height and forty feet in length for tandem trailers or twenty-eight feet for two-axle trucks.
   (c)   Subject to the limitations in Section 1125.04(a), such space may be located in a required side or rear yard.
   (d)   No such space shall be located closer than fifty feet to any lot in any "R" District unless wholly within a completely enclosed building or unless enclosed on all sides by a wall or fence not less than six feet in height.

1129.01 CONVERSION OF DWELLINGS.

   In "R-2", "R-3" and "R-4" Districts an existing residence may be converted to accommodate an increased number of dwelling units provided:
   (a)   The yard dimensions meet the yard dimensions required by the zoning regulations for new structures in that district.
   (b)   The lot area per family is equal to the lot area requirements for new multi-family structures in that district.
   (c)   The number of square feet of living area per family unit is not less than that which is required for new construction in that district.
      (Ord. 14, 1967; Ord. 10, 1968.)

1129.02 MOBILE HOME PARKS.

   (a)   Mobile homes, trailers and similar portable residence structures shall be permitted to locate in the Municipality in a mobile home park.
   (b)   The mobile home park shall conform to the following requirements:
      (1)   Shall contain a minimum of ten acres.
      (2)   Shall provide an adequate supply of pure water.
      (3)   Every trailer shall be connected to a sanitary sewer and an approved sewage treatment and disposal system.
      (4)   Shall provide a clearly defined minimum area of 3,000 square feet, including a minimum width of forty feet for each mobile home or trailer.
      (5)   Shall have a minimum of 400 square feet of floor area per family in each mobile home.
      (6)   Shall provide a minimum of twenty foot clearance between individual mobile homes or trailers and a fifty foot setback from any property line bounding the mobile home park.
      (7)   All mobile home spaces shall abut upon a dustless surface driveway of not less than twenty feet in width, which shall have unobstructed access to a private or public street.
      (8)   A safe, usable recreation area shall be conveniently located in each mobile home park and shall not be less than twenty percent of the gross area of the tract.
      (9)   Shall conform to all City and State Health Department requirements.
      (10)   Mobile home parks shall be effectively screened on all sides by means of walls, fences or plantings except where the area is sufficiently removed from other urban uses as determined by the Board.  Walls or fences shall be a minimum of four feet in height without advertising thereon.  In lieu of such wall or fence, a strip of land not less than ten feet in width and planted and maintained with an evergreen hedge or dense planting of evergreen shrubs not less than four feet in height may be substituted.

1129.03 PARKING OF HOUSE TRAILERS AND MOBILE HOMES.

   (a)   No person shall park a "mobile home" outside of a mobile home park or mobile home subdivision for more than forty-eight hours.
(Ord. 14, 1977.)
   (b)   Any person shall be permitted to park a "recreational trailer" in the rear yard of a main structure in any district.  However, any person shall be permitted to park a "recreational trailer" in the side yard of a main structure in any district if it is impossible to utilize the rear yard.  Any temporary obstruction such as gardens, fences, trees or walls shall not be constructed as factors that make it impossible to utilize the rear yard.  In all cases the parking of a "recreational trailer" shall comply with all accessory use setback requirements.
   (c)   Any "recreational trailer" may be parked on any property, solely for purposes of loading and unloading in any district for a period not to exceed twenty-four hours.
   (d)   No person shall locate a construction trailer, except on the construction project premises during construction time.
(Ord. 45, 1976.)

1129.04 SWIMMING POOLS.

   (a)   Private Swimming Pools.  A “private swimming pool” means any pool, lake, or open tank not located with a completely enclosed building and containing or normally capable of containing water to a depth at any point greater than one and one-half feet.  No such swimming pool, exclusive of portable swimming pools with a diameter of twelve feet or less or with an area of 144 square feet or less, shall be allowed in any “B” or “R” district except as an accessory use and unless it complies with the following conditions and requirements:
      (1)   The pool is intended and is to be used solely for the enjoyment of the occupants of the principal use of the property on which it is located.
      (2)   It may not be located, including any walks or paved areas or accessory structures adjacent thereto, closer than ten feet to any property line of the property on which located.
      (3)   The swimming pool, or the entire property on which it is located, shall be so walled or fenced so as to prevent uncontrolled access by children from the street or from adjacent properties.  Such fence or wall shall be not less than five feet in height and maintained in good condition, with a gate and lock.  (Ord. 37, 1996.  Passed 6-3-96.)
   (b)   Community or Club Swimming Pools.  A "community or club swimming pool" means any pool constructed by an association of property owners, or by a private club for use and enjoyment by members of the association or club and their families.  Community and club swimming pools are permitted in all districts, but shall comply with the following conditions and requirements:
      (1)   The pool is intended solely for the enjoyment of the members and families and guests of members of the association or club under whose ownership or jurisdiction the pool is operated.
      (2)   The pool and accessory structures thereto, including the areas used by the bathers, shall not be closer than 100 feet to any property line on which located.
      (3)   The swimming pool and all of the area used by the bathers shall be so walled or fenced as to prevent uncontrolled access by children from the street or adjacent properties.  Such fence or wall shall not be less than six feet in height and maintained in good condition.

1129.05 FENCES AND SIMILAR SCREENS.

   (a)   Fences and similar screening devices up to three feet in height are permitted in yards fronting on the public street.  These same screening devices up to six feet in height are permitted in the remaining yards.
   (b)   Injurious materials such as barbed wire or spike fences are not permitted in any case.

1129.06 PARKING OF RECREATIONAL EQUIPMENT.

   (a)   As used in this section, "recreational equipment" is defined as follows:
      (1)   "Travel trailer" means a nonself-propelled recreational vehicle, including tent-type fold out camping trailers, designed and constructed to be primarily used as a temporary dwelling for travel, recreational or vacation uses.
      (2)   "Motor home" means a self-propelled recreational vehicle constructed with permanently installed facilities for cold storage, cooking and consuming of food, and for sleeping.
      (3)   "Truck camper" means a nonself-propelled recreational vehicle without wheels or road use and designed primarily to be mounted on a pick up truck chassis and with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreational, or vacation uses.  "Truck camper" does not include truck covers which consist of walls and roof but do not have floors and facilities for using same as a temporary dwelling.
   (b)   No person shall park, store, or permit to be parked or stored, recreational equipment on any lot or land designated within the boundaries of the zoned residential districts or on any street in a residential district, except as hereinafter provided:
      (1)   At no time shall any recreational equipment have fixed connections to electricity, water, gas or sanitary sewer facilities nor shall such equipment be used at any time, while parked or stored on any residential lot within the City, for living or overnight sleeping.
      (2)   No recreational equipment shall be parked or stored on any street in a residential district except when such parking or stopping is necessary to load or unload property and such parking or stopping shall be limited to a reasonable period of time to perform loading or unloading which time shall not exceed twenty-four hours.  (Ord. 19, 1994.  Passed 6-6-94.)
      (3)   Recreational equipment may be parked or stored on private residential property provided the recreational equipment is parked or stored in the rear or side of the front building line of the lot and provided that in all cases the parking or storage of said recreational equipment shall comply with all accessory use setback requirements.  (Ord. 25, 2010.  Passed 6-21-10.)
      (4)   Notwithstanding the provisions of subsection (b)(3) hereof, recreational equipment may be parked or stored anywhere on the premises, at anytime of the year, for temporary loading or unloading purposes, for a period of time not to exceed twenty-four hours.
      (5)   All recreational equipment shall be kept in good repair and carry a current year's license plate and registration where required by law.
      (6)   No person shall make or cause to be made major repairs, alterations or conversions of recreational equipment unless such repair, alteration or conversion is done in a completely enclosed garage.  Repairs of a major type are herein defined to include, but are not limited to, spray painting, body, plumbing, heating, spring and frame repairs, radiator repair, major overhauling of engines, removing of motor and conversion of any other type of motor.
      (7)   No materials of any nature whatsoever may be stored beneath such recreational equipment.
      (8)   Any recreational equipment which is parked or stored outside of a garage in such approved or permitted location, the wheels shall be left on such equipment so that it may be moved in case of an emergency.
      (9)   No recreational equipment shall  be parked or stored pursuant to this section unless it is titled to, leased or used exclusively by one of the permanent occupants of the residence where said recreational equipment is located. (Ord. 19, 1994.  Passed 6-6-94.)

1131.01 INTEGRATED COMMERCIAL CENTERS.

   (a)   General Provisions.
      (1)   The owner of a tract of land located in any "B-1" or "B-2" District or near a proposed shopping center which is shown on the Land Use Plan and containing not less than two acres for a center in a "B-1" District or ten acres in a "B-2" District, shall submit to the Planning Commission for its review a preliminary plan for the use and development of such tract of land for an integrated shopping center.  The Planning Commission shall review the proposal and make recommendations on it to Council.
      (2)   In accepting such plan for review the Commission must be satisfied that the proponents of the community or regional shopping center are financially able to carry out the proposed project; that they intend to start construction within one year of the approval of the project and necessary change in zoning, and intend to complete it within a reasonable time as determined by the Commission.
   (b)   Location, Size and Character of Development.
      (1)   The need for the proposed development must be supported by means of market studies and such other evidence as the Commission may require.
      (2)   The proposed shopping center shall be located so that reasonably direct traffic access is supplied from principal thoroughfares and where congestion will not likely be created by the proposed center; or where congestion will be alleviated by presently projected improvement of access thoroughfares.
      (3)   The plan shall provide for a shopping center consisting of one or more groups of establishments in buildings of integrated and harmonious design, together with adequate and properly arranged traffic and parking facilities and landscaping, which will fit harmoniously into the adjoining or surrounding development.
   (c)   Permitted Uses.  The uses permitted in a community shopping center shall be those retail business, commercial and service uses permitted in the "B-2" District.  Uses permitted in a neighborhood shopping center shall be the uses permitted in the "B-1" District.
   (d)   Design Regulations.  The following regulations shall apply to an integrated shopping center:
      (1)   Building heights.  No building shall exceed three stories or thirty-five feet in height, except as modified by Section 1125.05 of this Zoning Ordinance.
      (2)   Yards.  No building shall be less than fifty feet distant from any boundary of the tract on which the shopping center is located.  The center shall be permanently screened from all adjoining properties located in any "R" District by a solid wall or compact evergreen hedge at least six feet in height.  Such wall or hedge shall be placed at least five feet from the property line.
      (3)   Tract coverage.  The ground area occupied by all the buildings shall not exceed in the aggregate thirty percent of the total area of the lot or tract.
      (4)   Customer parking space.  Notwithstanding any other requirements of this Zoning Ordinance, there shall be provided one off-street space for each 100 square feet of rental floor space not including basement storage space, in the shopping center.
      (5)   Loading space.  Notwithstanding any other requirements of this Zoning Ordinance there shall be provided one off-street loading or unloading space for each 20,000 square feet or fraction thereof of aggregate floor space of all buildings in the center.  At least one-third of the spaces required shall be sufficient in area and vertical clearance to accommodate trucks of the tractor-trailer type.
      (6)   Access drives and illumination of parking areas.  Access drives shall be at a minimum interval of 300 feet and illumination of parking areas shall be so arranged as to reflect the light away from adjoining premises in any "R" District.
      (7)   Signs.  Each center shall be permitted two free-standing signs not over thirty feet in height, having a maximum total area of 100 square feet and located not closer than ten feet to any street line and not closer than 100 feet to the adjoining lot line.  A single identification pylon or similar structure of a height in excess of thirty feet and in harmony with the design of the buildings shall be permitted in a shopping center.  All signs within the center shall be controlled by written agreement between the owners and tenants of the center, or otherwise, to avoid excessive advertising and ensure a harmonious appearance to the center as a whole.  In a shopping center, all signs shall only be indirectly illuminated, and all signs shall conform to the distance requirements from property lines for the buildings in the center.
   (e)   Submission and Approval of Final Development Plan. 
      (1)   Upon determination by the Commission that the proposed integrated shopping center as shown by the preliminary plan appears to conform to the requirements of this section and all applicable requirements of this Zoning Ordinance, the proponents shall prepare and submit a final development plan, which plan shall incorporate any changes or modifications required or suggested by the Commission.
      (2)   If the final development plan is found to comply with requirements set forth in this section and other applicable provisions of this Zoning Ordinance, the Commission shall submit such plan with its report and recommendations, together with the required application by the proponents of the necessary change in zoning classification of the site of the proposed center, to Council which shall hold a public hearing on both the development plan and application for a change in zoning.
      (3)   Following a public hearing, Council may modify the plan, consistent with the intent and meaning of this Zoning Ordinance, and may re-zone the property to the classification permitting the proposed center, for development in substantial conformity with the final plan as approved by Council.
      (4)   After the final development plan has been approved by Council and in carrying out this plan, adjustments or rearrangements of buildings, parking areas, entrances, heights or yards, may be requested by the proponents, and provided such requests conform to the standards established by the final development plan and this Zoning Ordinance, such adjustments or rearrangements may be authorized by Council.

1131.02 INTEGRATED OFFICE, RESEARCH AND RESTRICTED INDUSTRIAL CENTERS.

   The following regulations, conditions and procedures shall apply to the development of groups of properties for integrated office, research and restricted industrial uses in "B-3" and "M- 1" Districts:
   (a)   General Provisions.
      (1)   The owner of a tract of land located in any "B-3" or "M-1" District near where a proposed office, research or restricted industrial area is shown on the future Land Use Plan, containing not less than four acres, shall submit to the Planning Commission for its review a preliminary plan for the use and development of such tract of land for office, research or industrial uses permitted in accordance with the provisions of this Zoning Ordinance.  The Planning Commission shall review the proposal and make recommendations on it to Council.
      (2)   In accepting such plan for review, the Commission must be satisfied that the proponents of the office, research or industrial development or combination thereof are financially able to carry out the proposed project; that they intend to start construction within one year of the approval of the project and intend to complete it within a reasonable time as determined by the Commission.
   (b)   Location and Character of Development.
      (1)   The proposed office, research or restricted industrial development or combination thereof shall be located so that reasonably direct traffic access is supplied from principal thoroughfares and where congestion will not likely be created by the proposed development; or where such congestion will be alleviated by presently projected improvements of access thoroughfares, by demonstrable provision in the plan for proper entrances and exits, and by internal provisions for traffic and parking.
      (2)   The plan shall provide for an office, research or industrial development or a combination thereof consisting of one or more buildings of integrated and harmonious design, together with adequate and properly arranged traffic and parking facilities and landscaping which will be an attractive development and which will fit harmoniously into and will have no adverse effects upon the adjoining or surrounding development.
   (c)   Permitted Uses.  The uses permitted in "B-3" and "M-1" Districts shall be those offices and research buildings and restricted industrial and related uses listed in Chapter 1123.
   (d)   Regulations.  The following regulations shall apply to office, research and restricted industrial developments in "B-3" and "M-1" Districts:
      (1)   Building heights.  No building shall exceed three stories or forty-five feet in height, except as modified by Section 1125.05 of this Zoning Ordinance.
      (2)   Yards.  No building shall be less than thirty feet distant from any boundary of the tract on which the office, research or industrial development is located.  Loading and storage shall be permanently screened from all adjoining properties located in any "R" District by building walls, or a solid wall or compact evergreen hedge at least six feet in height.  All intervening spaces between the street pavement and the right-of-way line and intervening spaces between buildings, drives, parking areas and improved areas shall be landscaped with trees and plantings and properly maintained at all times.
      (3)   Tract coverage.  The ground area occupied by all the buildings shall not exceed in aggregate thirty percent of the total area of the lot or tract.
      (4)   Parking space.  Notwithstanding any other requirements of this Zoning Ordinance there shall be provided one off-street space for each two employees on the maximum working shift.  Parking areas will not be located closer than twenty-five feet to any adjoining lot line in any "R" or "B" District and shall be set back at least thirty feet from the street right-of- way line.  The parking area shall be graded for proper drainage and improved so as to provide a durable and dust-free surface.
      (5)   Loading space.  Notwithstanding any other requirements of this Zoning Ordinance there shall be provided off-street loading or unloading space sufficient in area and vertical clearance to accommodate the maximum number of trucks and tractor-trailers anticipated at any one time.
      (6)   Access drives and illumination of parking areas.  Access drives shall be at a minimum interval of 300 feet and illumination of parking areas shall be so arranged as to reflect the light away from adjoining premises in any "R" District.
      (7)   Signs.  Signs for office, research and industrial developments shall be limited to wall-type signs on the principal building except that a small free- standing identification and directional sign not over fifteen square feet in area may be erected at entrances to the office, research and industrial development.  If signs are illuminated, the source of light shall not be visible.
   (e)   Submission and Approval of Final Development Plan. 
      (1)   Upon determination by the Commission that the proposed office, research or industrial development, as shown by the preliminary plan, appears to conform to the requirements of this section and all other applicable requirements of this Zoning Ordinance, the proponents shall prepare and submit a final development plan, which plan shall incorporate any changes or modifications required or suggested by the Commission.
      (2)   If the final development plan is found to comply with requirements set forth in this section and other applicable provisions of this Zoning Ordinance the Commission shall submit such plan with its report and recommendations, together with the required application for a zoning certificate to Council, which shall hold a public hearing on the proposed development plan.
      (3)   Following a public hearing, Council may modify the plan, consistent with the intent and meaning of this Zoning Ordinance and authorize the issuance of a zoning certificate.
      (4)   After the final development plan has been approved by Council and in the course of carrying out this plan, adjustment or rearrangements of buildings, parking areas, entrances, heights or yards may be requested by the proponents, and, provided such requests conform to the standards established by the final development plan and this Zoning Ordinance, such adjustments or rearrangements may be authorized by the Commission.

1131.03 PERFORMANCE REQUIREMENTS.

   (a)   Requirements.  No land or building in any district shall be used or occupied in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable element or condition so as to adversely affect the surrounding area or adjoining premises, provided that any use permitted by this Zoning Ordinance may be undertaken and maintained if acceptable measures and safeguards are employed to limit dangerous and objectionable elements to acceptable limits as established by the following performance requirements:
      (1)   Fire hazards.  Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate fire-fighting and fire- suppression equipment and by such safety devices as are normally used in the handling of any such material.  Such hazards shall be kept removed from adjacent activities to a distance which is compatible with the potential danger involved.
      (2)   Radioactivity or electrical disturbance.  No activity shall emit dangerous radioactivity at any point, or electrical disturbance adversely affecting the operation at any point of any equipment other than that of the creator of such disturbance.
      (3)   Noise.  Noise which is objectionable as determined by the Board due to volume, frequency or beat shall be muffled or otherwise controlled.  Air raid sirens and related apparatus used solely for public purposes are exempt from this requirement.  The following table shall be used to determine the maximum noise level.
 
Octave Band
(In Cycles Per Second)
Along Residence District
Boundaries - Maximum
Permitted Sound Levels
(In Decibels)
Along All Business
District “M-1" and “M-2" Boundaries - Maximum
Permitted Sound Level (In Decibels)
0 to 150
70
70
150 to 300
60
66
300 to 600
52
60
600 to 1,200
46
53
1,200 to 2,400
40
47
Above 2,400
34
41
 
      (4)   Vibration.  No vibration shall be permitted which is discernible without instruments on any adjoining lot or property.
      (5)   Smoke.  Smoke shall not be emitted with a density greater than No. 1 on the Ringelmann Chart as issued by the U.S. Bureau of Mines except for blow-off periods of ten minutes duration of one per hour when a density of not more than No. 2 is permitted.
      (6)   Odors.  No malodorous gas or matter shall be permitted which is offensive or produces a public nuisance or hazard on any adjoining lot or property.
      (7)   Air pollution.  No pollution of air by flyash, dust, vapors or other substances shall be permitted which is harmful to health, animals, vegetation or other property, or which can cause excessive soiling.
      (8)   Glare.  No direct or reflected glare shall be permitted which is visible from any property outside an "M" District or from any public street, road or highway.
      (9)   Erosion.  No erosion, by either wind or water, shall be permitted which will carry objectionable substances onto neighboring properties.
      (10)   Water pollution.  Pollution of water shall be subject to the requirements and regulations established by the State Water Pollution Control Board.
   (b)   Enforcement Provisions.
      (1)   Submission of statements.  The Zoning Inspector or Board of Zoning Appeals, prior to the issuance of a zoning certificate, may require the submission of statements and plans indicating the manner in which dangerous and objectionable elements involved in processing and in equipment operations are to be eliminated or reduced to acceptable limits and tolerances.
      (2)   Measurement procedures.  Methods and procedures for the determination of the existence of any dangerous and objectionable elements shall conform to applicable standard measurement procedures published by the American Standards Association, Inc., New York, N.Y., the Manufacturing Chemists' Association, Inc. Washington, D.C.; and the United States Bureau of Mines.

1131.04 MOTELS.

   (a)   Motels shall comply with the sanitary regulations prescribed by the Health Officer having jurisdiction and in addition shall comply with the following regulations:
      (1)   Any lot to be used for a motel shall not be less than two acres in area and shall contain not less than 2,000 square feet of lot per sleeping unit.
      (2)   All areas not used for access, parking, circulation, buildings and services shall be landscaped and the entire site maintained in good condition.

1131.05 SIGNS AND OUTDOOR ADVERTISING STRUCTURES.

   (a)   Compliance.  No sign shall be permitted in any district except as hereinafter provided.
   (b)   General Provisions.
      (1)   Signs not exceeding twelve square feet in area and advertising the sale, rental or lease of the premises on which the sign is located shall be permitted on any property.
      (2)   Announcement or professional signs for home occupations and professional activities where permitted shall not exceed two square feet in area in an "R" District and not more than four square feet in other districts.
      (3)   Bulletin boards for a church, school, community or other public or semipublic institutional building shall be permitted provided the area of such bulletin board shall not exceed fifteen square feet in area.
      (4)   Wall signs pertaining to a nonconforming use shall be permitted on the same premises of such use, provided the area of such sign does not exceed twenty square feet.
      (5)   No building wall shall be used for display of advertising except that pertaining to the use carried on within such building.
      (6)   Temporary signs not exceeding in the aggregate fifty square feet, announcing the erection of a building, the architect, the builders, contractors, etc., may be erected for the period of sixty days, plus the construction period.
      (7)   No sign shall be placed in any public right of way except publicly-owned signs, such as traffic control signs and directional signs.
      (8)   Marquee signs, where permitted, may be attached to the soffit or fascia or a marquee, roof over a walk or permanent awning, such signs may extend above the fascia:  however, the vertical dimensions of such sign, including fascia shall not exceed four feet.
      (9)   Projecting signs, where permitted, shall be limited to not more than one sign for each establishment or store unit.  Such signs shall be attached to the wall and may project at an angle of not less than 90 degrees therefrom over a public way but not more than seven feet from the wall of the building.  Any face of a projecting sign shall be not less than five feet from a side lot line or party wall of another store unit.
         A.   No projecting sign shall project from the face of the building or structure over a street, alley or other public space beyond a line drawn perpendicularly upward from two feet inside the curb line.
         B.   The faces of any projecting sign shall not exceed eighty square feet and its width shall not exceed eighteen inches.
         C.   A clear space of not less than twelve feet shall be provided below all parts of projecting signs.
         D.   Projecting signs exceeding two and one half square feet in area shall be made of noncombustible material except that decorations, facings and letterings set in or attached to noncombustible materials may be of combustible material.
         E.   Projecting signs shall be securely attached to the building or structure by bolts, anchors, chains, rods or guys.  No nails or staples shall be used to secure any projecting sign to a building or structure.
      (10)   Location:  No sign shall be so placed as to obstruct or interfere with any exit way or so as to prevent free passage from one part of any roof to any other part thereof, or so as to interfere with light and ventilation, or to obstruct or be attached to any fire escape.  No sign shall be supported from the sidewalk, street or alley.
      (11)   Unsafe signs:  All signs which are deemed by the Building Inspector in any manner, unsafe and dangerous, shall be immediately repaired and made safe or taken down by the owner or user of the sign.
         Should the owner or user refuse to repair, make safe or take down a sign in need of repair, it may be removed by the City at the request of the Building Inspector and the cost thereof borne by the owner or user of such sign.
         Signs pertaining to a discontinued business shall be removed within thirty days after notification by the Building Inspector to the Director of Public Safety.  Should the owner refuse to remove the sign, it may be removed by the City and the cost to be borne by the owner of the building.
      (12)   Design:  All signs shall be designed according to generally accepted engineering practices to withstand wind pressures as specified below.  The loads shall be distributed to the structural members of the building or structure in such a way that these members will not be overstressed.  For the purpose of determining wind pressures all signs, pole, projecting, marquee, ground and advertising, shall be classified as either open or solid.  Signs in which the projected area to wind consists of seventy percent or more of the gross area as determined by the overall dimensions shall be classed as solid signs; those in which the projected exposed area is derived from open letters, figures, strips and structural framing members, the aggregate total area of which is less than seventy percent of the gross area so determined, shall be classed as open signs.
      (13)   All signs shall be designed and constructed to withstand wind pressures, applied to the projected exposed area, allowing for wind in any direction, in accordance with the following table:
 
From Ground to
Top of Sign (Height
in Feet)
Wind Pressure (Pounds per Square Foot)
Solid signs
Open Signs
Less than 30
17
23
30-49
22
31
50-99
28
39
100-499
33
46
         For ground signs 30-49 feet in height the tabular values for heights of less than 30 feet may be used.
      (14)   The design loads of any sign shall be distributed to the structural members of the building or structure on which it is supported in such a way that these members will not be overstressed.
   (c)   Business or Industrial District Signs.
      (1)   In a business or industrial district, each business shall be permitted one sign.  Projections of wall signs shall not exceed two feet measured from the face of the main wall of the building.
      (2)   The area of all permanent signs for any single business enterprise shall be limited according to the widths of the building or part of building occupied by such enterprise.  For the purposes of this section, width shall be measured along the building face nearest parallel to the street line.  In the case of a corner lot all frontage may be used in determining maximum area of the sign.
      (3)   Ground signs:
         A.   Ground signs not over fifty feet in height, having a maximum total sign of 150 square feet and located not closer than ten feet to any street right-of-way line and not closer than fifty feet to any adjoining lot line may be erected to serve a group of business establishments.  There shall be only one ground sign for each building, regardless of the number of businesses conducted in such building.
         B.   The maximum area of any face of such sign shall not exceed seventy-five square feet.
      (4)   Pole signs of symbolic design shall be permitted for business establishments provided:
         A.   No part of such sign shall project into the right of way of any street or highway.
         B.   The maximum area of any face of such sign shall not exceed 100 square feet.
         C.   The pole support of the sign shall not be less than fifty feet from any lot in an "R" District.
      (5)   The area of all permanent signs for any single business enterprise may have an area equivalent to one and one-half square feet of sign area for each lineal foot of width of a building or part of a building, occupied by such enterprise, but shall not exceed a maximum area of 160 square feet.  In computing the area of ground, projecting or protruding signs all faces on which advertising is displayed are considered sign area.
      (6)   Portable signs shall be permitted by issuance of a zoning certificate in a business or industrial district, provided each sign meets the following regulations:
         A.   No such sign shall interfere with vehicular or pedestrian traffic.
         B.   No sign shall be displayed in excess of fourteen continuous days for more than four separate periods each calendar year; provided that new businesses or industries may display portable signs for forty- five continuous days from the beginning of business activity.
         C.   Portable signs shall not exceed eight square feet in sign area.
         D.   The portable signs must be located on the applicant's side of sidewalk, where a sidewalk exists.
         E.   The sign must be set back at least five feet from the public right of way line where there are no sidewalks.
            (Ord. 8, 1985.  Passed 2-4-85.)
   (d)   Setback Requirements.  Except as provided above, signs and outdoor advertising structures where permitted shall be set back from the established right-of-way line of any street or highway at least as far as the required front yard depth for a principal use in such district except for the following modifications:
      (1)   For every square foot by which such sign or outdoor advertising structure exceeds eighty square feet, such setback shall be increased by one-half foot but need not exceed 100 feet.
      (2)   At the intersection of any State and/or Federal highway, the setback of any sign or outdoor advertising structure shall not be less than 100 feet from the established right of way of each highway or street.
      (3)   Real estate signs and bulletin boards for a church, school or any other public or semipublic, religious or educational institution may be erected within ten feet of the established right-of-way line of any street or highway, provided such sign or bulletin board does not obstruct traffic visibility at street or highway intersections.
   (e)   Special Yard Provisions.  The following special provisions shall be observed in the erection or placement of business signs and outdoor advertising structures:
      (1)   No such sign or advertising structure shall be permitted which faces the front or side lot line of any lot in any "R" District within 100 feet of such lot line or which faces any public parkway, public square or entrances to any public park, public or parochial school, library, church or similar institution, within 300 feet thereof.
      (2)   Signs and advertising structures where permitted shall be erected or placed in conformity with the side and rear yard requirements of the district in which located, except no sign or advertising structure shall be erected or placed closer than within fifty feet to a side or rear lot line in any "R" District.
   (f)   Illumination.  The following provisions shall be observed in the illumination of signs and advertising structures:
      (1)   All signs and advertising structures, except as hereinafter modified, may be illuminated internally by reflected light provided the source of light is not directly visible or by neon or visible light bulbs not exceeding 11 watts per electric bulb.  Further the lighting should be arranged so as to reflect away from the adjoining premises and such illumination shall not be so placed as to cause confusion or a hazard to traffic or conflict with traffic control signs or lights.
      (2)   No illumination involving movement or causing the illusion of movement by reason of the lighting arrangement or other devices shall be permitted.
      (3)   Christmas display lighting shall not be restricted by the foregoing regulations, except that such lighting shall in no way interfere with traffic signs, lights or signals.
   (g)   Subdivision Signs.  Upon application to the Zoning Inspector, a permit may be issued as a special exception to the terms of this Zoning Ordinance allowing a land sales sign, provided that:
      (1)   The sign shall not be illuminated.
      (2)   The sign shall advertise the sale or development of a recorded lot subdivision.
      (3)   The sign shall be erected only upon the property for sale or being developed.
      (4)   The sign shall not be in excess of forty square feet.
      (5)   No more than one such sign shall be placed along one road frontage of any property in single and separate ownership and not more than two such signs may be permitted in any single development.
      (6)   A permit for the erection, construction or maintenance of such sign shall expire within one year.  (Ord. 42,1968)
   (h)   Political Signs.  Political signs shall be permitted in “R” Districts thirty (30) days prior to an election and must be removed within ten (10) days following an election.  Said sign shall be no larger than 2' x 2'.  (Ord. 41,2014.  Passed 8-4-14.)
   (i)   Permits.
      (1)   A separate permit shall be required for the erection of signs regulated in this Zoning Ordinance, except that no permit shall be required for temporary real estate signs with an area of twelve square feet for the sale or lease of property and for small announcement signs with an area of less than two square feet.  Announcement signs shall be removed by the person or persons responsible for posting same within thirty days after erection.
      (2)   Each application for a sign permit shall be accompanied by a drawing showing the design proposed; the size, character and color of letters, lines and symbols; the method of illumination; the exact location of the sign in relation to the building and property and the details and specifications for construction.  A fee of three dollars ($3.00) shall accompany each application for a sign permit.
   (j)   Exemptions.  Public notices, traffic control signs and other official signs and notices are exempt from the provisions of this section.
(Ord. 42, 1968.)

1131.06 MINERAL EXTRACTION, STORAGE AND PROCESSING.

   The extraction, storage and processing of minerals shall be conducted in accordance with the requirements of this section.
   (a)   Extraction, storage and processing of minerals of all types shall be permitted only in "M-3" Districts, with permitted uses being specified in the use regulations of Chapter 1123.
   (b)   The performance requirements of Section 1131.03 shall be met.
   (c)   Mineral extraction, storage or processing shall not be conducted closer than 500 feet from any "R" District, and not closer than 200 feet from any structure used for human occupancy in any other district.
   (d)   Buildings and structures for which no future use is contemplated and for which no other acceptable use is practicable or feasible shall be demolished and removed.
   (e)   The operator shall file with the Zoning Inspector a location map which clearly shows areas to be mined and the location of adjacent properties, roads and natural features.
   (f)   The operator shall submit information on the anticipated depth of excavations and on depth and probable effect of the existing water table.
   (g)   The operator shall file with the Board a detailed plan for the restoration of the area to be mined, which shall include the anticipated future use of the restored land, the proposed final topography indicated by contour lines of no greater interval than ten feet, the type and number per acre of trees or shrubs to be planted, and the location of future roads, drives, drainage courses or other improvements contemplated.
   (h)   The operator shall file with Council a bond, payable to the City and conditioned on the faithful performance of all requirements contained in the approved restoration plan.  The rate, per acre of property to be mined, of the required bond shall be as fixed by ordinance of Council.  The bond shall be released upon written certification of the Zoning Inspector that the restoration is complete and in compliance with the restoration plan.
   (i)   Proposed Location of Allied Industries.  The operator of a proposed industry which uses the products of the mineral extraction and processing industry in its manufacturing process and therefore desires to locate in an "M-3" District adjacent to an existing processing plant in order to have direct delivery from such processing plant by conveyor belts or otherwise shall submit a plan of the proposed development to the Board for approval.

1131.07 TEMPORARY BUILDINGS.

   Temporary buildings or trailers used in conjunction with construction work only may be permitted in any district during the period construction work is in progress, but such temporary buildings shall be removed upon completion of the construction work.

1133.01 CONTINUATION AND EXPANSION.

   (a)   Any lawful uses of buildings or land existing at the effective date of this Zoning Ordinance (Ordinance 14, 1967, passed May 22, 1967) may be continued, even though such does not conform to the provisions, hereof.  The nonconforming use of a building may be extended throughout those existing parts of the building which were arranged or designed for such use.  No nonconforming building or structure shall be moved, extended, enlarged or altered and no nonconforming use of land shall be expanded, except when authorized by the Board in accordance with the provisions of Chapter 1107.
   (b)   Whenever the use of a building or land becomes nonconforming through a change in the amended Zoning Ordinance or in the district boundaries, such use may be continued.
(Ord. 14, 1967.)
   (c)   A nonconforming use which is discontinued for a period of two years or more shall not again be used except in conformity with the regulations of the district in which it is located.
(Ord. 35, 1982.)
   (d)   A non-conforming use which has been damaged by fire, explosion, act of God or the public enemy may be repaired or reconstructed and used as before the time of damage, provided such repairs or reconstruction is completed within one year of the date of such damage.
(Ord. 3, 2011.  Passed 1-18-11.)
   (e)   Nonconforming trailer or mobile homes located on a lot in any district once removed shall not be relocated on such lot unless the unit was traded-in for another unit.  In this instance, the replacement shall be on site within one week for the removal of the previous unit.
   (f)   It is not the intention herein to classify as nonconforming, a use or building allowed in a district as a special exception use under the regulations of this Zoning Ordinance.

1133.02 ZONING CERTIFICATES.

   A zoning certificate shall be required for all lawful nonconforming uses of land and buildings created by adoption of this Zoning Ordinance in accordance with the provisions of Section 1105.06.

1135.01 DEFINITIONS.

   (a)   "Dish-type satellite signal-receiving antennas", also referred to as "earth stations" or "ground stations" means one, or a combination of two or more of the following:
      (1)   A signal-receiving device (antenna, dish antenna or dish-type antenna), the purpose of which is to receive communication or other signals from satellites in earth orbit and other extraterrestrial sources.
      (2)   A low-noise amplifier (LNA) which is situated at the focal point of the receiving component and the purpose of which is to magnify, store, transfer and/or transmit electronic or light signals.
      (3)   A coaxial cable, the purpose of which is to carry or transmit such signals to a receiver.
   (b)   "Receiver" means a television set or radio receiver.
   (c)   "Dish" means that part of a satellite signal-receiving antenna characteristically shaped like a saucer or dish.
   (d)   "Grounding rod" means a metal pole permanently positioned in the earth to serve as an electrical conductor through which electrical current may safely pass and dissipate.
(Ord. 19, 1985.  Passed 3-18-85.)

1135.02 PERMIT REQUIRED.

   No person, firm, partnership, corporation, trust or other legal entity shall construct an earth station without a zoning certificate, nor shall construction commence before a permit is issued in accordance with Section 1135.03.
(Ord. 19, 1985.  Passed 3-18-85.)

1135.03 APPLICATION FOR PERMIT.

   The owner, or occupant with written permission from the owner, of any lot, premises or parcel of land within the City who desires to construct an earth station on such lot, premises or land parcel, must first obtain a permit to do so from the City Physical Development Officer, or his representative.
   Certificates shall be issued according to Section 1105.04 and 1105.05.
(Ord. 19, 1985.  Passed 3-18-85.)

1135.04 LOCATION OF EARTH STATION.

   Ground-mounted.
   (a)   No earth station shall be constructed in any front or side yard, but, shall be constructed to the rear of the residence or main structure.
   (b)   No earth station, including its concrete slab or other substructure shall be constructed less than eight feet from any property line or easement.
   (c)   Earth station must be placed on a concrete base slab four feet x four feet x six inches.
   (d)   No earth station shall be constructed without appropriate evergreen landscaping to reasonably conceal such earth station from view.
   (e)   No earth station shall be linked, physically or electronically, to a receiver which is not located on the same lot, premises or parcel of land as is the earth station.
   (f)   An earth station shall not exceed a grade height of twenty feet.
   (g)   All structural supports shall be of galvanized metal.
   (h)   Wiring between an earth station and a receiver shall be placed at least four inches beneath the ground surface within rigid conduit.
   (i)   Such earth station shall be designed to withstand a wind force of seventy-five miles per hour without the use of supporting guy wires.
   (j)   Any driving motor shall be limited to 110 V maximum power design and be encased in protective guards.
   (k)   An earth station must be bonded to a grounding rod.
   (l)   No earth station shall be constructed upon the roof top of any garage, residential dwelling, church, school, apartment building, hospital or any other commercial or residential building or structure.
   (m)   An earth station must be enclosed by a minimum five foot fence.
      (Ord. 19, 1985.  Passed 3-18-85.)

1135.05 USE RESTRICTIONS.

   The earth station is intended and is to be used solely for the enjoyment of the occupants of the principal use of the property on which it is located.
(Ord. 19, 1985.  Passed 3-18-85.)

1135.06 APPEALS.

   Appeals from decisions of the Physical Development Officer, or his representative, shall be made to the Board of Zoning Appeals as provided by the Codified Ordinances of the City.
(Ord. 19, 1985.  Passed 3-18-85.)

1135.99 PENALTY.

   Whosoever violates any provision of this chapter shall be punished as provided in Section 1105.99.
(Ord. 19, 1985.  Passed 3-18-85.)