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Eaton City Zoning Code

CHAPTER 1107

Districts and Land Use Standards

1107.01 GENERAL PROVISIONS.

   (a)   Regulation of the Use and Development of Land and Structures: These regulations are established and adopted governing the use and physical development of land and/or structures.
   (b)    Rules of Application: These regulations shall be interpreted and enforced according to the following rules:
      (1)   Identification of Uses: Listed uses are to be defined by their customary name or identification, except where they are specially defined or limited in this UDO.
      (2)   Permitted Uses: Only a use designated as a permitted use shall be allowed as a matter of right in a zoning district and any use not so designated shall be prohibited except, when in character with the zoning district, such other additional uses may be added to the permitted uses of the zoning district by an amendment to this UDO.
      (3)   Conditional Uses: A use designated as a conditional use may be allowed in a zoning district when such conditional use, its location, extent and method of development will not substantially alter the character of the vicinity or unduly interfere with the use of adjacent lots in the manner prescribed for the zoning district. To this end the Planning Board may, in addition to the development standards for the zoning district, set forth such additional requirements as will, in its judgment, render the conditional use compatible with the existing and future use of adjacent lots and the vicinity.
      (4)   Accessory Uses: A use designated as an accessory use shall be permitted in a zoning district when such use is subordinate in area, extent, and purpose to the principal use and is located on the same lot and in the same zoning district as the principal use.
      (5)   Development Standards: The development standards shall be the    minimum required for development in a zoning district unless otherwise stated. If the development standards are in conflict with the requirements of any other lawfully adopted rules, regulations or laws, the more restrictive or higher standards shall govern.
   (c)   Districts: The City is divided into the following zoning districts, which shall be governed by all the use and area requirements of this Ordinance. The following lists each district along with its appropriate symbol:
      (1)    Residential Districts
         R-1 One-Family Residential District
         R-2 Central Residential District
         R-3 Multifamily Residential District
      (2)   Commercial Districts
         C-1 General Commercial District
         C-2 Community Commercial District
         C-3 Central Commercial District
         (Ord. 05-14. Passed 11-7-05.)
      (3)    Industrial Districts
         I-1 Light Industrial District
         I-2 General Industrial District
         (Ord. 06-15. Passed 8-26-06.)
      (4)   Office/Institutional District
         O/I-Office Institutional District
      (5)   Agricultural District
         A-1 Agricultural District
      (6)   Overlay Districts
         TOD – Telecommunications Overlay District
         FOD – Floodplain Overlay District
         WFP – Well Field Protection Overlay District
         HOD – Historic Overlay District
         PUD – Planned Unit Development Overlay District
         PRCD – Planned Residential Conservation Overlay District
         (Ord. 05-14. Passed 11-7-05.)

1107.02 RESIDENTIAL DISTRICTS.

   (a)   R-1: One-Family Residential District: The R-1 One-Family Residential District is intended to provide space in the City for low-density, single-family residential uses, and to provide for additional uses that serve the residential neighborhood as conditional uses. The R-1 District is further divided into two subcategories:
      (1)   R-1A: Estate Residential District: This District is intended to provide space for the lowest density, single-family residential uses, with an average density of three dwelling units or less for every one acre of land.
      (2)   R-1B: Suburban Residential District: This District is intended to provide space for low density, single-family residential uses, with an average density of four dwelling units or less for every one acre of land.
   (b)   R-2: Central Residential District: Council, by establishing the R-2 Central Residential District, recognizes the existence of older residential areas of the City where homes have been built on small lots and where conservation of the existing housing stock should be encouraged. The R-2 Central Residential District allows for existing moderate-density housing and new single-family development. It is not the intent of Council, by the establishment of such District, to provide new moderate density developments as major subdivisions, nor to otherwise expand R-2 Districts beyond the central residential areas of the City.
   (c)    R-3: Multi-Family Residential District: The R-3 Multi-Family Residential District is intended to provide for mixed housing types at medium to high density in urban areas with complete municipal services. The District should generally be located to provide a smooth transition between residential areas and more intense uses.
   (d)   Permitted, Prohibited, Accessory, and Conditional Uses: Permitted, prohibited, accessory, and conditional uses for each of the residential districts are listed in Table 1.
(Ord. 05-14. Passed 11-7-05.)
   (e)   Development Standards: Development standards for each of the residential districts are listed in Tables 2 through 4.
(Ord. 07-02. Passed 5-21-07.)
   (f)   Lot Coverage: In any residential district, lot coverage shall not exceed thirty-five percent (35%), including all principal and accessory structures.
TABLE 1: Uses in the Residential and Agricultural Districts
Type of Use
Residential Districts
R-1
R-2
R-3
A-1
Residence or Accommodation
Adult Family Home
P
P
P
P
Adult Group Home
Pr
C
C
C
Assisted Living & Life Care
Pr
Pr
C
Pr
Bed and Breakfast
C
C
C
C
Boarding House
Pr
Pr
C
C
Certified Foster Home
P
P
P
P
Community Alternative Home
Pr
Pr
C
C
Detached Garages & Sheds
A
A
A
A
Dwelling, Multifamily.
Pr
Pr
P
Pr
Dwelling, Row House
Pr
Pr
*
Pr
Dwelling, Single Family
P
P
P
P
Dwelling, Three-Family
Pr
Pr
P
Pr
Dwelling, Two Family
Pr
P
P
Pr
Elderly Housing
C
C
C
C
Family Home for the Disabled
P
P
P
P
Foster Family Home for the Disabled
P
P
P
P
Home Occupation A
A
A
A
A
Home Occupation B
C
C
C
C
Group Home for Disabled Persons
Pr
C
C
C
In-Law Suites
C
C
C
C
Permit By Exception
C
C
C
C
Private Swimming Pools
A
A
A
A
Residential Treatment Facility
Pr
Pr
C
C
Skilled Nursing Facility
Pr
Pr
C
C
Education, Public Admin, Health Care and Other Institutional Uses
 
Cemeteries Mortuaries
Pr
Pr
C
C
Churches, Parish and Convents
C
C
C
C
Colleges and Universities
Pr
Pr
C
C
Community Centers
C
C
C
C
Day Care Centers
C
C
C
C
Elementary Schools
Pr
Pr
C
C
Junior and Senior High Schools
Pr
Pr
C
C
Arts, Entertainment and Recreation
Commercial Recreation
C
C
C
C
Public Recreation
P
P
P
P
Agriculture, Forestry, Fishing and Hunting
Agriculture
Pr
Pr
Pr
P
Farm Markets
Pr
Pr
Pr
P
Transportation, Communication, Information and Utilities
Landing Fields
Pr
Pr
Pr
C
P=Permitted Use,
C=Conditional Use,
A=Accessory Use,
Pr=Prohibited
* Row House Dwellings (Townhouses) shall only be permitted in the R-3 District as part of an approved PUD or PRCD Overlay District
TABLE 2: R-1 Lot and Dimensional Requirements
R-1 Lot and Dimensional Requirements
Type of Use
Min. Lot Size (sq./ft.)
Min. Front Setback (ft.)
Min. Side Setback One Side/ Total (ft.)
Min. Rear Setback (ft.)
Min. Floor Area (sq./ft.)
Min. Lot Width Interior/ Corner (ft.)
R-1 PERMITTED PRINCIPAL USES
Adult Family Home
Must meet setbacks for single-family dwelling in R-1B and provide 200 sq. ft. of space for each occupant
Certified Foster Home
10,000
25
10:25
40
1,250
80/100
Dwelling,
Single-Family R-1A
13,000
25
10:25
40
1,500
100/120
Dwelling,
Single-Family R-1B
10,000
25
10:25
40
1,250
80/100
Family Home for the Disabled
Must meet setbacks for single-family dwelling in R-1B and provide 200 sq. ft. of space for each occupant
Foster Family Home for the Disabled
Must meet setbacks for single-family dwelling in R-1B and provide 200 sq. ft. of space for each occupant
R-1 CONDITIONAL USES
Bed & Breakfasts
10,000
25
10:25
40
1,250
80/100
Churches*
2 acres
40
20:50
40
---
---
Community Centers*
1 acre
40
20:50
40
---
---
Day Care Centers*
10,000
25
10:25
40
1,250
80/100
Elderly Housing
10,000
25
10:25
40
1,250‡
80/100
In-Law Suites
Must meet all Building Code requirements; if an addition to the principal structure is proposed, it must meet setback requirements
Parks & Recreational Facilities
Play equipment must be set back from all adjacent residential lots a minimum of 25 feet; principal buildings shall meet the same setbacks as a single-family dwelling
R-1 ACCESSORY USES
 
---
10†
5
5
---
---
 
‡   Another shown in square feet per family dwelling unit, unless modified by Planning Board.
*   If parking is in setback, buffering may be required.
†   Applies to front porches.
TABLE 3: R-2 Lot and Dimensional Requirements
R-2 Lot and Dimensional Requirements





Type of Use


Min. Lot Size (sq./ft.)


Min. Front Setback (ft.)
Min. Side Setback One Side /Total (ft.)


Min. Rear Setback (ft.)


Min. Floor Area (sq./ft.)
Min. Lot Width/ Interior Corner (ft.)
 
R-2 PERMITTED PRINCIPAL USES
Adult Family Home
Must meet setbacks for two-family dwelling and
provide 200 sq. ft. of space for each occupant
Certified Foster Home
8,000
25
10:25
30
800
80/100
Dwelling,
Single-Family
8,000
25
10:25
30
800
80/100
Dwelling,
Two-Family
8,000
25
10:25
40
800‡
80/100
Family Home for the Disabled
Must meet setbacks for two-family dwelling and provide 200 sq. ft. of space for each occupant
Foster Family Home for the Disabled
Must meet setbacks for two-family dwelling and provide 200 sq. ft. of space for each occupant
R-2 CONDITIONAL USES
Adult Group Home
Must meet setbacks for two-family dwelling and provide 200 sq. ft. of space for each occupant
Bed & Breakfasts
8,000
25
10:25
30
800
80/100
Day Care Centers*
10,000
25
10:25
30
800
80/100
Churches*
2 acres
40
20:50
40
---
---
Community Centers*
1 acre
40
20:50
40
---
---
Elderly Housing
8,000
25
10:25
30
800‡
80/100
Group Home for Disabled Persons
Must meet setbacks for two-family dwelling and provide 200 sq. ft. of space for each occupant
In-Law Flats
Must meet all Building Code requirements; if an addition to the principal structure is proposed, it must meet setback requirements
Parks & Recreational Facilities
Play equipment must be set back from all residential lots a minimum of 25 feet; principal buildings shall be set back as indicated for single family dwellings
R-2 ACCESSORY USES
 
---
10†
5
5
---
---
 
‡   Amount shown in square feet per family dwelling unit, unless modified by Planning Board.
*   If parking is in setback, buffering may be required.
†   Applies to front porches.
TABLE 4: R-3 Lot and Dimensional Requirements





Type of Use


Min. Lot Size (sq./ft.)


Min. Front Setback (ft.)
Min. Side Setback One Side /Total (ft.)


Min. Rear Setback (ft.)


Min. Floor Area (sq./ft.


Min. Lot Width (ft.)
 
R-3 PERMITTED PRINCIPAL USES
Adult Family Home
Must meet setbacks for single-family dwelling and provide 200 sq. ft. of space for each occupant
Certified Foster Home
7,000
25
10:25
30
950
80/100
Dwelling, Single-Family
7,000
25
10:25
30
950
80/100
Dwelling, Two-Family
4,500‡
25
10:25
30
800‡
80/100
Dwelling, Three-Family
3,700‡
25
10:25
30
800‡
80/100
Dwelling, Multifamily
3,000‡
25
10:25
40
800‡
100/120
Family Home for the Disabled
Must meet setbacks for single-family dwelling and provide 200 sq. ft. of space for each occupant
Foster Family Home for the Disabled
Must meet setbacks for single-family dwelling and provide 200 sq. ft. of space for each occupant
R-3 CONDITIONAL USES
Adult Group Home
Must meet setbacks for single-family dwelling and provide 200 sq. ft. of space for each occupant
Assisted Living & Life Care
1acre
40
20:50
40
---
---
Bed & Breakfast
7,000
25
10:25
30
950
80/100
Boarding Homes
7,000
25
10:25
30
?
100/120
Cemeteries
1 acre
25
20:50
25
---
---
Churches*
2 acres
40
20:50
40
---
---
Colleges and Universities*
3 acres
100
45:100
200
---
---
Community Alternative Home
Must meet setbacks for single-family dwelling and provide 200 sq. ft. of space for each occupant
Community Centers*
1 acre
40
20:50
40
---
---
Day Care Centers*
10,000
25
20:50
40
80/100
Dwelling, Row House
Dimensional and Lot Requirements to be set by Planning Board as a part of the PUD or PRCD approval
Elderly Housing
7,000
25
10:25
30
800‡
80/100
Elementary School*
2 acres
100
45:100
200
---
---
Group Home for Disabled Persons
Must meet setbacks for single-family dwelling and provide 200 sq. ft. of space for each occupant
In-Law Suites
Must meet all Building Code requirements; if an addition to the principal structure is proposed, it must meet setback requirements
Jr./Sr. High School*
3 acres
100
45:100
200
---
---
Mortuaries
10,000
25
10:25
30
---
80/100
Parks & Recreational Facilities
Play equipment must be set back from all residential lots a minimum of 25 feet; principal buildings shall be setback as indicated for single family dwellings
Residential Treatment Facilities*
11,000
25
10:25
40
?
80/100
Skilled Nursing Facilities*
1 acre
40
20:50
40
?
---
R-3 ACCESSORY USES
 
---
10†
5
5
---
---
‡   Amount shown in square feet per family dwelling unit, unless modified by Planning Board.
*   If parking is in setback, buffering may be required.
   Must meet occupancy requirements of the Property Maintenance Code or Building Code.
†   Applies to front porches.
(Ord. 05-14. Passed 11-7-05.)

1107.03 COMMERCIAL DISTRICTS.

   (a)   C-1: General Commercial District: The intent of the C-1 General Commercial District is to provide for general commercial activity, including a wide range of goods and services that will serve the region. This District is intended to be concentrated around transportation nodes (such as the intersections of primary arterial streets).
   (b)   C-2: Community Commercial District: The intent of the C-2 Community Commercial District is to provide for low-intensity retail uses providing primarily convenience goods and personal services for residential areas with good access to primary and secondary arterial streets.
   (c)   C-3: Central Commercial District: The intent of the C-3 Central Commercial District is to provide for commercial, office, institutional and limited residential uses at a relatively high intensity. This District is intended to be located at the historic center of the City, clustered around the intersection of Main Street and Barron Street.
   (d)   Permitted, Prohibited and Conditional Uses: Permitted and conditional uses for each commercial district are listed in Table 5.
   (e)   Development Standards: Development standards for each of the commercial districts are listed in Table 6.
(Ord. 05-14. Passed 11-7-05.)
 

1107.04 OFFICE AND INSTITUTIONAL DISTRICT.

   (a)   O/I: Office and Institutional: The intent of the Office and Institutional District is to encourage the orderly development of office and institutional uses within the same district with consideration of the similar characteristics these uses share, including location, parking requirements, traffic and accessibility.
 
   (b)   Permitted, Prohibited and Conditional Uses: Permitted and conditional uses for the Office/Institutional District are listed in Table 5.
 
   (c)   Development Standards: Development standards for the Office/Institutional District are listed in Table 6.
(Ord. 05-14. Passed 11-7-05.)
 
TABLE 5: Uses in the Commercial and Office/Institutional Districts
Type of Use
Commercial District
C-1
C-2
C-3
O/I
General Sales or Services
Bar, Lounge, Tavern
P
Pr
C
Pr
Business Professional
P
P
P
P
Business Retail
P
P
P
C
Commercial Training
P
P
P
C
Consumer Retail
P
C
P
Pr
Convenience Food Store
P
C
C
Pr
Day Care Centers
C
C
C
C
Drive-Thru Retail
P
C
C
Pr
Fast Food Restaurants
P
Pr
C
Pr
Food Service/Catering
P
P
P
Pr
Gasoline Service Station
C
Pr
Pr
Pr
General Retail
P
C
C
Pr
Grocery Food and Beverage
P
C
P
Pr
Health and Personal Care
P
P
P
P
Hospitals
P
Pr
Pr
P
Hotels and Motels
P
Pr
C
C
Large Format Retail
C
Pr
Pr
Pr
Medical and Health Related Offices
P
P
P
P
Motor Vehicle Oriented Business
C
C
Pr
Pr
Personal Service
P
P
P
C
Restaurants
P
C
P
C
Self-Service Storage Facility or Mini-Warehouse
C
PR
PR
PR
Skilled Nursing Facility
P
P
C
C
Vehicle Dealer
C
C
Pr
Pr
Vehicle Repair Services
C
C
Pr
Pr
Veterinary Services
C
C
C
Pr
Arts, Entertainment, and Recreation
Commercial Entertainment
P
C
C
Pr
Commercial Recreation
C
C
C
Pr
Public Recreation
Pr
Pr
C
P
Education, Public Administration, Health Care & Other Institutional Uses
 
Churches
P
P
P
P
Cultural/Community Facilities
P
P
P
P
Day Care Centers
C
C
C
C
Elementary Schools
C
C
C
P
Junior and Senior High Schools
C
C
C
P
Colleges and Universities
C
C
C
P
Health Care and Human Services
C
C
C
P
Residence or Accommodation
Upper Floor Dwelling Units
C
C
P
Pr
 
P = Permitted Use, C = Conditional Use, A = Accessory Use, Pr = Prohibited.
(Ord. 07-02. Passed 5-21-07; Ord. 12-01. Passed 2-21-12.)
TABLE 6: Commercial and Office/Institutional Lot and Dimensional Requirements
Commercial and Office/Institutional Lot and Dimensional Requirements




District/Use

Minimum
Lot Size (acres)

Min. Front Setback (ft.)

Min. Side Setback One Side/ Total (ft.)

Min. Rear Setback (ft.)

Min. Lot Width (ft.)


Max. Height (ft.)
C-1
*
35
0
0
---
35 †
-adj. to residential
*
35
10
30
---
35 †
C-2
*
35
0
0
---
25 †
-adj. to residential
*
35
10
25
---
25 †
C-3
*
0
0
0
---
25 †
-adj. to residential
*
As determined by Planning Board
---
25 †
O/I
*
35
0
0
---
35 †
-adj. to residential
*
35
0
0
---
35 †
 
*   No minimum lot size, but must meet all other requirements.
†   When a building is more than 25 feet in height, an additional foot of rear yard is required for each additional 2 feet in height. Any building that exceeds maximum height shall only be allowed as a conditiona use.
(Ord. 05-14. Passed 11-7-05.)

1107.05 INDUSTRIAL DISTRICTS.

   (a)    I-1: Light Industrial District: The intent of the I-1 Light Industrial District is to provide for industrial and office uses that are not of an intensity to produce objectionable impacts on adjacent development. This District should be located within areas of the City with suitable access to transportation routes and necessary utilities.
   (b)    I-2: General Industrial District: The intent of the I-2 General Industrial District is to provide for all industrial uses, including those high-intensity uses that create noticeable impacts on the surrounding area. All uses, however, will be required to operate without causing a risk to the health and welfare of the inhabitants of the City. This District is intended to be located within areas of the City that have suitable access to transportation routes and necessary utilities and that are away from residential uses.
   (c)    Permitted, Prohibited and Conditional Uses: Permitted and conditional uses for each of the industrial districts are listed in Table 7.
   (d)    Development Standards: Development standards for each of the industrial districts are listed in Table 8.
TABLE 7: Uses in the Industrial Districts
Type of Use
Industrial District
I-1
I-2
Manufacturing and Wholesale Trade
Ancillary Offices
A
A
Business Offices
P
P
Business Services
P
P
Distribution
P
P
Drive-Through Retail
C
C
Gasoline Service Stations
C
C
General Industry
P
P
Light Industry
P
P
Research and Development Facilities
P
P
Self-Service Storage Facility or Mini-Warehouse
C
C
Sexually Oriented Businesses
C
Pr
Vehicle Impound Lot
C
C
Vehicle Repair Service
C
C
Wholesale Trade
P
P
Transportation, Communication and Utility
Transportation, Communication, Utility
P
P
 
   P = Permitted Use, C = Conditional Use, A = Accessory Use, Pr = Prohibited.
(Ord. 18-05. Passed 10-15-18.)
TABLE 8: Industrial Lot and Dimensional Requirements
 
Industrial Lot and Dimensional Requirements
 
District/Use
 
Minimum
Lot Size
(acres)
 
 
Min.
Front
Setback
(ft.)
Min. Side
Setback
One
Side/Total
(ft.)
 
Min.
Rear
Setback
(ft.)
 
Min.
Lot
Width
(ft.)
 
Max
Height
(ft.)
1-I
*
35
15
15
200
35†
-adj.to residential
*
50
50
50
200
35†
I-2
*
25
15
15
300
35†
-adj.to residential
*
50
100
50
300
35†
*   No minimum lot size, but must meet all other requirements.
†   When a building is more than 35 feet in height, an additional foot of rear yard is required for each additional 2 feet in height. Any building that exceeds maximum height shall only be allowed as a variance. (Ord. 15-12. Passed 12-21-15.)

1107.06 AGRICULTURAL DISTRICT.

   (a)   A-1: Agricultural District: The A-1 Agricultural District is intended to provide space in the City for agriculture and related uses and to allow for undeveloped open space. Land best suited for this district includes those sections of the City that are prime farmland in outlying areas and/or land that has significant natural features, such as wetlands, forest, hillsides and other open space that should be preserved.
   (b)   Permitted, Prohibited and Conditional Uses: Permitted and conditional uses for the Agricultural District are listed in Table 1.
   (c)   Development Standards: Development standards for the Agricultural District are listed in Table 9.
TABLE 9: Agricultural Lot and Dimensional Requirements
A-1 Lot and Dimensional Requirements




Type of Use


Min. Lot Size (sq./ft.)
Min. Front Set back (ft.)
Min. Side Setback One Side /Total (ft.)

Min. Rear Setback (ft.)

Min. Floor Area (sq./ft.)

Min. Lot Width (ft.)
 
A-1 PERMITTED PRINCIPAL USES
Adult Family Home
1 acre
25
10:25
40
---
---
Certified Foster Home
1 acre
25
10:25
40
---
---
Dwelling,
Single-Family
1 acre
25
10:25
40
---
---
Family Home for the Disabled
1 acre
25
10:25
40
---
---
Foster Family Home for the Disabled
1 acre
25
10:25
40
---
---
Parks & Recreational Facilities (Public)
Play equipment must be set back from all residential lots a minimum of 25 feet; principal buildings shall be setback as indicated for single family dwellings
A-1 CONDITIONAL USES
Adult Group Home
Must meet setbacks for single-family dwelling and provide 200 sq. ft. of space for each occupant
Bed & Breakfasts
1 acre
25
10:25
40
---
---
Boarding Homes
1 acre
25
10:25
40
?
---
Cemeteries
1 acre
25
20:50
25
---
---
Churches*
2 acres
40
20:50
40
---
---
Colleges and Universities*
3 acres
100
45:100
200
---
---
Community Alternative Home
1 acre
25
10:25
40
?
---
Community Centers*
1 acre
40
20:50
40
---
---
Day Care Centers*
1 acre
25
20:50
40
---
---
Elderly Housing
1 acre
25
10:25
30
?
---
Elementary School*
2 acres
100
45:100
200
---
---
Group Home for Disabled Persons
Must meet setbacks for two-family dwelling and provide 200 sq. ft. of space for each occupant
In-Law Suites/
Granny Flats
Must meet all Building Code requirements; if an addition to the principal structure is proposed, it must meet setback requirements
Landing Fields
Must meet all FAA requirements
Jr./Sr. High School*
3 acres
100
45:100
200
---
---
Mortuaries
1 acre
25
10:25
30
---
---
Parks & Recreational Facilities
Play equipment must be set back from all residential lots a minimum of 25 feet; principal buildings shall be setback as indicated for single family dwellings
Residential Treatment Facilities*
1 acre
25
10:25
40
?
---
Skilled Nursing Facilities*
1 acre
40
20:50
40
---
---
A-1 ACCESSORY USES
 
---
10†
5
5
---
---
   Must meet occupancy requirements of the Property Maintenance Code
*   If parking is in setback, buffering may be required.
†   Applies to front porches.
(Ord. 05-14. Passed 11-7-05.)

1107.07 OVERLAY DISTRICTS.

   (a)   TOD: Telecommunications Overlay District: The purpose of this Overlay District is to regulate the placement, construction and modification of Towers and Wireless Telecommunications Facilities in order to protect the health, safety and welfare of the public, while at the same time not unreasonably interfering with the development of the competitive wireless telecommunications marketplace in the City. The Telecommunications Overlay District is outlined in Chapter 1109.
   (b)   FOD: Floodplain Overlay District: The Floodplain Overlay District is composed of lands that are subject to periodic flooding. It is intended to preserve the existing flood plains, so as to allow the waterways a place to overflow at high water levels and thus assist in protecting other areas not now subject to flooding. In this District, only those uses that are temporary or seasonal in nature or that would not be extensively damaged by flooding are permitted. The Floodplain Overlay District is outlined in Chapter 1109.
   (c)   WFP: Well Field Protection Overlay District: It is the intent of the Well Field Protection Overlay District to safeguard the health, safety and welfare of the customers of protected public water supplies and to protect the community’s potable water supply against contamination by regulating land use and the storage, handling, use and/or production of regulated substances as defined below. The land within the overlay district is that land in the City of Eaton that lies within a one (1) year travel time contour adjacent to existing and proposed public wells of a protected public water supply. The Well Field Protection Overlay District is outlined in Chapter 1109.
   (d)   HOD: Historic Overlay District: The purpose of this Overlay District is to maintain and enhance the historic character of the Downtown Area. The Historic Overlay District is outlined in Chapter 1109.
   (e)   PUD: Planned Unit Development Overlay District: This District is intended to encourage and coordinate planned development, with benefits for both the Developer and the Community. The Planned Unit Development Overlay District is outlined in Chapter 1109.
   (f)   PRCD: Planned Residential Conservation Overlay District: It is the intent of the Planned Residential Conservation Overlay District to allow residential development while protecting the community’s natural resources and real quality. The Planned Residential Conservation Overlay District is outlined in Chapter 1109.
(Ord. 05-14. Passed 11-7-05.)

1107.08 INTERPRETATION OF DISTRICT BOUNDARIES.

   (a)   Legend and Use of Color or Patterns: There shall be provided on the Official Zoning Map a legend, which shall list the name and symbol for each zoning district. In lieu of a symbol, a color or black and white pattern may be used on the Official Zoning Map to identify each zoning district as indicated in the legend.
   (b)   Interpretation of Zoning District Boundaries: The boundaries of the zoning districts are shown upon the Official Zoning Map. The Official Zoning Map and all notations, references, and other information are a part of the UDO. A certified copy of the Official Zoning Map shall be kept on file with the City’s Zoning and Building Department.
   (c)   Rules for Determination: When uncertainty exists with respect to the boundaries of zoning districts as shown on the Official Zoning Map, the following rules shall apply:
      (1)   Along a Street or Other Right-of-Way: Where zoning district boundary lines are indicated as approximately following a center line of a street or highway, alley, railroad easement, or other right-of-way, or a river, creek, or other watercourse, such centerline shall be the zoning district boundary.
      (2)   Along a Property Line: Where zoning district boundary lines are indicated as approximately following a lot line, such lot line shall be the zoning district boundary.
      (3)   Parallel to Right-of-Way or Property Line: Where zoning district boundary lines are indicated as approximately being parallel to a centerline or a property line, such zoning district boundary lines shall be parallel to a centerline or a property line and, in the absence of a specified dimension on the Official Zoning Map.
   (d)   Actual Conflict with Map: When the actual street or lot layout existing on the ground is in conflict with that shown on the Official Zoning Map, the party alleging that such conflict exists shall furnish an actual survey for interpretation by the Building Official.
   (e)   Right-of-Way Vacation: Whenever any street, alley or other public way is vacated by official action of Council, the zoning district adjoining each side of such street, alley or public way shall be automatically extended to the center of such vacation, and all area included in the right-of-way.
(Ord. 05-14. Passed 11-7-05.)

1107.09 OFFICIAL ZONING MAP.

   (a)   Official Zoning Map Adopted: All land in the Municipality is placed into zoning districts as shown on the Official Zoning Map that is hereby adopted and declared to be part of the UDO.
   (b)   Final Authority: The Official Zoning Map, as amended from time to time, shall complement appropriate legislation as the final authority for the current zoning district status of land under the jurisdiction of the UDO.
   (c)    Land not Otherwise Designated: All land under the UDO and not designated or otherwise included within another zoning district map shall be included in the R-1 One-Family Residential District.
   (d)    Identification of the Official Zoning District Map: The Official Zoning Map, with any amendments made thereon, shall be identified by the signatures of the Mayor and all members of Council under the following words: Official Zoning District Map, Eaton, Ohio. Adopted by the City Council, Eaton, Ohio.
(Ord. 05-14. Passed 11-7-05.)

1107.10 CULTIVATION, PROCESSING OR RETAIL DISPENSING OF MARIJUANA PROHIBITED IN ALL DISTRICTS.

   (a)   The cultivation, processing, or retail dispensing of marijuana shall be a prohibited use in all zoning districts within the City of Eaton.
   (b)   "Adult Use Cultivator", "Adult Use Dispensary", and "Adult Use Processor", as defined in Ohio R.C. 3780.01 shall be prohibited use in all zoning districts within the City of Eaton.
   (c)   Use of property in violation of this Section shall constitute a nuisance.
   (d)   In addition to other penalties provided by law, the Director of Law shall be authorized to institute civil proceedings in a court of competent jurisdiction to enjoin violations of this Section; for monetary damages arising from violations of this Section; and to take all actions necessary to secure enforcement of any injunction and collect upon any damage aware, judgement or fine in contenpt levied in relation to a violation of this Section.
(Ord. 24-14. Passed 7-15-24.)

1107.11 SOLAR/PHOTOVOLTAIC ENERGY SYSTEMS.

   (a)   The use of Solar Energy Systems for collection of solar energy to provide electricity, heat, or otherwise provide energy to a residential, commercial, or industrial building is a permitted accessory use subject to the following standards.
   (b)   General Provisions.
      (1)   All solar energy systems shall comply with all applicable zoning, building, fire, plumbing and electrical codes of the City of Eaton and shall first be approved by the Building Official after completion of a residential or commercial application.
      (2)   This section shall apply to solar energy systems on private property for use by the property owner and shall not be construed to permit a solar energy farm as a business. A "solar energy farm" is defined as an energy generation facility or area of land principally used to convert solar energy to electricity.
      (3)   Only commercially produced solar energy systems are permitted. The manufacturer specifications shall be submitted as part of the application for approval.
   (c)   Ground-Mounted Solar Energy Systems.
      (1)   Ground-mounted solar energy systems shall only be permitted in the rear yard and shall be set back a minimum of 10 feet from all lot lines.
      (2)   In residential districts, no ground mounted solar energy systems shall exceed six feet in height as measured from the average grade at the base of the system. In commercial and industrial districts, no ground mounted solar energy system shall exceed twenty-five (25) feet in height, or the maximum height of the building, whichever is less; provided, however, that if the ground mounted solar energy system is located in a rear yard that is adjacent to a residential property or adjacent to a residential zoning district, the maximum height shall be six (6) feet.
      (3)   Ground-mounted solar energy systems shall be screened from any adjacent lot lines of lots used for residential purposes by a fence, wall, landscaping or combination thereof.
      (4)   Ground-mounted solar energy systems shall not be positioned so as to reflect sunlight onto neighboring property, public streets or sidewalks, including on any neighboring structures.
      (5)   The total area of the ground-mounted solar energy system shall not exceed the lot coverage for each respective zoning district.
   (d)   Roof-Mounted Solar Energy Systems.
      (1)   Roof-mounted solar panels that are integrated with the surface layer of the roof structure and which resemble common roofing material may be permitted on any roof surface of a principal building or accessory building.
      (2)   Roof-mounted solar panels that are separated panels mounted flush with the roof structure may be permitted on any roof surface of a principal building or accessory building. Such panels shall be mounted flush to the roof and not extend vertically from the roof structure more than eight inches.
      (3)   Solar panels may be mounted on flat roofs provided there is a parapet wall or other architectural feature that screens the view of the panels. Such panels may be mounted at an angle provided they do not extend more than five (5) feet above the roof surface.
      (4)   All wires and other associated appurtenances related to the solar energy systems shall be installed below the roofline and not visible from the street.
      (5)   Solar energy systems located on the roof shall provide, as part of their permit application, evidence of design review and structural certification signed by an engineer.
         (Ord. 24-12. Passed 3-18-24.)