Enon City Zoning Code
TITLE THREE
Zoning Districts
CHAPTER 1153 "F" Flood Plain District
1131.01 TITLE.
The Zoning Ordinance shall be known and may be cited as the Village of Enon Zoning Ordinance. (Ord. 74-8. Passed 10-3-74.)
1131.02 INTERPRETATION AND CORRELATION OF STANDARDS.
In their interpretation and application, the provisions of this Zoning Ordinance shall be held to be minimum requirements. Whenever the requirements of the Zoning Ordinance are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances, or resolutions, the most restrictive, or that imposing the highest standards, shall govern.
(Ord. 74-8. Passed 10-3-74.)
1135.01 CONSTRUCTION OF LANGUAGE.
(a) The particular shall control the general.
(b) In case of any difference of meaning or implication between the text of the Zoning Ordinance and any caption or illustration, the text shall control.
(c) The word "shall" is always mandatory and not discretionary. The word "may" is permissive.
(d) Words used in the present tense shall include the future tense, the singular number shall include the plural, and the plural number includes the singular, unless the context clearly indicates the contrary.
(e) A "building" or "structure" includes any part thereof.
(f) The words "used" or "occupied" include the words "intended," "designed," "arranged," or "maintained."
(g) The word "person" includes an individual, firm, association, organization, partnership, trust, company, or any other similar entity.
(h) The word "lot" includes the words "plot" or "parcel".
(i) Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions, or events connected by the conjunction "and," "or," "either…or," the conjunction shall be interpreted as follows:
(1) "And" indicates that all the connected items, conditions, provisions, or events shall apply.
(2) "Or" indicates that the connected items, conditions, provisions, or events may apply singularly or in any combination.
(3) "Either…or" indicates that the connected items, conditions, provisions or events shall apply singularly but not in combination.
(j) Terms not herein defined shall have the meaning customarily assigned to them.
(Ord. 74-8. Passed 10-3-74.)
1135.02 DEFINITIONS.
(1) "Accessory Building or Use" means an accessory building or use which:
A. Is subordinate to and serves the principal building or principal use;
B. Is subordinate in area, extent, or purpose to the principal building or principal use served;
C. Contributes to the comfort, convenience, or necessity of occupants of the principal building or principal use served; and
D. Is located on the same zoning lot as the principal building or principal use served, with the single exception of such accessory off-street parking facilities as are permitted to locate elsewhere than on the same zoning lot with the building or use served.
(2) "Acre" means a measure of land area. One acre shall equal 43,560 square feet.
(3) "Adult entertainment establishment" means any establishment involved in the sale or service of products characterized by the exposure or presentation of specified anatomical areas, as defined herein, which is characterized by salacious conduct appealing to prurient interest for the observation by patrons. Services or products included within the scope of adult entertainment are photography, dancing, reading, massage, and/or similar functions which utilize activities as specified above and such establishments include specifically adult bookstores, adult motion picture theatres, and adult mini-motion picture theatres. (See Section #1154.10)
(4) "Agriculture" means the use of a tract of land for agriculture, dairying, farming, floriculture, horticulture, ornamental horticulture, pasturage, viticulture, aquaculture, olericulture, pomiculture, and animal and poultry husbandry; provided, however, such agricultural use shall not include the following use:
A. The feeding or sheltering of animals or poultry in penned enclosures within 100 feet of any residential zoning district. Agriculture does not include the feeding of garbage to animals or the operation or maintenance of a commercial stockyard or feed yard.
(5) "Alley" means a public or private way with a right of way not more than thirty feet wide, affording only secondary means of access to abutting property.
(6) "Apartment" means a portion of a building comprising a single dwelling unit consisting of a room or suite of rooms intended, designed, or used as a permanent residence by an individual or one family.
(7) "Automotive body shop" means any structure or use intended for collision service, repair, or painting of motor vehicles.
(8) "Automotive or trailer sales area" means an open area, other than a street, used for the display, sale, or rental of new or used motor vehicles or trailers in operable condition and where no repair work is done.
(9) "Automotive repair" means the repair, rebuilding, or reconditioning of motor vehicles or parts thereof, and steam cleaning of vehicles in association with a repair garage.
(10) "Automotive repair garage" means a building or structure used or intended to be used for the care, repair, or similar major or mechanical work, with or without provisions for the dispensing of oil, gasoline, or similar products for the servicing of such vehicles, for profit.
(11) "Automotive service station" means a structure and surrounding land used for the storage and sale of petroleum fuel, primarily to passenger vehicles, and for accessory uses such as the sale and installation of lubricants, accessories, or supplies; the incidental washing of motor vehicles and the performing of tune-ups, tire and brake changing and repair. Other permitted uses include sales of cold drinks, packaged foods, tobacco, and similar convenience goods for service station customers, as accessory and incidental to principal operations.
(12) "Automotive wrecking" means the dismantling or wrecking of used motor vehicles, mobile homes, trailers, or the storage, sale, or dumping of dismantled, obsolete, or wrecked vehicles or their parts.
(13) "Basement" means any area of a building having its floor subgrade (below ground level) on all sides.
(14) "Board of Zoning Appeals" means the Board of Zoning Appeals of Enon, Ohio. Also referred to as the "Board."
(15) "Building" means any structure, either temporary or permanent, having a roof supported by columns or walls, used or intended to be used for the shelter or enclosure of persons, animals, or property.
(16) "Building, alteration of" means any change or rearrangement in the supporting members (such as bearing walls, beams, columns, or girders) of a building or any addition to a building, or movement of a building from one location to another.
(17) "Building, enlargement of" means any increase in the cubic content of a building.
(18) "Building, height of" means the vertical distance measured from the finished grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip, or gambrel roofs.
(19) "Building, principal" means the building in which the main or chief use permitted on the zoning lot is conducted.
(20) "Building line" means a line defining the minimum front, side and rear yard requirements.
(21) "Building permit" means a permit issued for the construction or alteration of any building or structure.
(22) "Building setback line" means the line nearest the front and across a lot establishing the minimum open space to be provided between the front line of the building foundation and the front lot line or the front line of the foundation of enclosed porches or vestibules if nearer the front line than the main foundation, not including steps.
(23) "Buildings, Inspector of" means the Inspector of Buildings of Clark County, Ohio.
(24) "Business" means an occupation, enterprise, undertaking, or employment which engages in the purchase, sale, barter, or exchange of goods, wares, merchandise, or services or where there is the maintenance or operation of an office or offices for the exhibition, sale, or offering of merchandise or services.
(25) "Camping and recreational equipment" includes the following:
A. "Boat and boat trailer" includes boats, floats, and rafts plus the normal equipment to transport the same on the highway.
B. "Folding tent trailer" means a canvass folding structure mounted on wheels and designed for travel and vacation uses.
C. "Motorized home" means a portable dwelling designed and constructed as an integral part of a self-propelled vehicle.
D. "Pick-up camper" means a structure designed primarily to be mounted on a pickup or truck chassis and with sufficient equipment to render it suitable for use for travel, recreational, or vacation uses.
E. "Travel trailer" means a vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational, and vacation uses, permanently identified "travel trailer" by the manufacturer.
(26) "Certify" means to attest with a signature of seal.
(27) "Child day-care" means care provided for any part of the twenty-four hour day for infants, toddlers, preschool children, and school children outside of school hours by persons other than their parents or guardians, custodians, or relatives by blood, marriage, or adoption, in a place or residence other than the child's own home.
(28) "Child day-care centers" means any place in which child day care is provided, with or without compensation, for thirteen or more children at one time or any place that is the permanent residence of the licensee or administrator in which child day care is provided for more than six children at one time.
(29) "Commission, Planning" means the Village of Enon Planning Commission.
(30) "Conditional Use" means a use permitted within a district other than a principally permitted use, requiring application for a Conditional Use and approval by the Board of Zoning Appeals that all prior conditions for approval have been met.
(31) "Deed restriction" means a legal restriction on the use of land contained in the deed to the property.
(32) "Density" means a unit of measurement; the number of dwelling units per acre of land. (see 1161.02 (b) (1))
(33) "Detached" means not connected in any manner by walls or other structural supports.
(34) "Development standards" means standards controlling the size of structure and the relationships of structures and uses to each other and to open spaces and lot lines. Development standards include but are not limited to regulations controlling maximum height, minimum lot area, minimum lot frontage, minimum size of yards and setbacks, maximum lot coverage, and maximum density.
(35) "District" means a portion of the incorporated area of the Village of Enon of which certain uniform regulations governing the use, height, area, and intensity of use of buildings and land and open spaces are herein established.
(36) "Dwelling" means a single unit providing complete independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking, and sanitation, but not including a tent, cabin, shed, hotel, or motel.
A. "Single family" means a detached building designed for or occupied exclusively for residential purposes by one family or housekeeping unit.
B. "Two family" means a building designed for or occupied exclusively by two families or housekeeping units living independently of each other.
C. "Multiple family" means a building or portion thereof designed for or occupied by three or more families or housekeeping units living independently of each other.
(37) "Dwelling group" means a group of two or more detached dwellings located on a parcel of land in one ownership and having any yard or court in common.
(38) "Dwelling unit" means any building which contains complete living facilities and intended or designed to be built, used, rented, leased, let, or hired out to be occupied or which is occupied for living purposes.
(39) "Eating place #1" means an establishment, other than a dining room operated by a hotel, motel or private club, offering food and beverages, which may include liquor, beer, and wine, if licensed by the State of Ohio, for consumption only inside the building.
(40) "Eating place #2" means an establishment having the attributes of an Eating Place #1, and which also provides live entertainment.
(41) "Eating place - carry-out" means an establishment offering food and beverages, which may include liquor, beer, and wine, if licensed by the State of Ohio, where the food and beverages are dispensed at the counter for consumption within the building or off the premises.
(42) "Eating place - drive-in" means an establishment offering food and beverages, which may include liquor, beer, and wine, if licensed by the State of Ohio, where the food and beverages are served directly to persons while in motor vehicles, or where the food and beverages are dispensed at the counter for consumption on or off the premises.
(43) "Enclosed building" means any permanent structure having a roof supported by columns and walls which are opaque.
(44) "Engineer, Village" means until such time that a Village Engineer is appointed, either the Planning Commission or its designate shall assume the engineer's duties.
(45) "Essential services" means the erection, construction, alteration, or maintenance, by public utilities or county or other governmental agencies, of underground or overhead gas, electrical, steam, or water transmission or distribution systems or collection, communication, supply, or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities or county or other governmental agencies or for the public health or safety or general welfare.
(46) "Family" means a person living alone, or two or more persons related by blood, marriage, or adoption, or unrelated persons living together as a single housekeeping unit, in a dwelling unit, as distinguished from a group occupying a motel or hotel, fraternity or sorority house, or other types of contractual living quarters.
(47) "Fence" means a barrier constructed of materials other than evergreen shrubbery erected for purposes of protection, confinement, enclosure, or privacy.
(48) "Finished grade" means the elevation of the surface of the ground adjoining the building after construction of required parking areas or driveways and after the planting of lawn and shrubbery, or other required improvements.
(49) "Flood plain" means that area of the Village of Enon which has been determined to be subject to a temporary rise in stream level that results in inundation of the area, whether or not the area is ordinarily covered by water.
(50) "Floor area" means the total horizontal area of all floors finished as useable area including roofed porches and roofed terraces. Measurements of floor area shall be taken to the outside of the exterior walls. Floor area shall not include: cellar or basement space; elevator or stair bulkheads, attic space, breezeways, patios, or open porches; uncovered stairs or steps; garages.
(51) "Floor area ratio" is determined by dividing the floor area of such building or structure by the area of the lot on which the building or structure is located. When more than one building or structure is located on a lot, then the floor area ratio is determined by dividing the total floor area of all buildings or structures, by the area of the lot. The floor area ratio requirements, as set forth under each zoning district, shall determine the maximum floor area allowable for buildings or other structures, in direct ratio to the area of the lot.
(52) "Garage" means a structure used primarily but not exclusively for the storage of motor vehicles.
(53) "Garage sale" means the selling of used or unused household goods normally accumulated in the process of housekeeping. Includes yard sales, porch sales, and rummage sales.
(54) "Garbage" means all putrescible wastes including vegetable, animal offal, and carcasses of small dead animals; but does not include human excreta, sewage, and other water carried wastes.
(55) "Grade" means the average level of the finished surface of the ground adjacent to the exterior walls of the building or structure.
(56) "Greenbelt" means a strip of land parallel to and extending inwardly from the lot lines or right-of-way lines. Such greenbelt shall be maintained at all times in grass, trees, shrubs, or plantings and no structures, parking areas, or signs shall be permitted.
(57) "Home occupation" means an accessory use which is an activity, profession, occupation, service, craft, or revenue-enhancing hobby which is clearly incidental and subordinate to the use of the premises as a dwelling and is conducted entirely within the dwelling unit without any significant adverse effect upon the surrounding neighborhood. See Section 1154.13.
(58) "Housekeeping unit" means one or more persons living in a dwelling unit who are not a family.
(59) "Identification" means that by which a person, thing, product, etc., can be identified or recognized and those specific symbols, traits, trademarks, characteristics, etc., which provide such recognition.
(60) "In the open" means not located in an enclosed building.
(61) "Industry" means storage, repair, manufacture, preparation, or treatment of any article, substance, or commodity.
(62) "Junk" means old or scrap copper, brass, rope, rags, batteries, paper, rubber; junk, dismantled, or wrecked automobiles or parts thereof; iron, steel, and other old or scrap ferrous or nonferrous materials which are not held for sale or remelting purposes by an establishment having facilities for processing such materials.
(63) "Junkyard" means a place or structure where waste, discarded, or salvaged materials are bought, sold, exchanged, baled, packed, disassembled, handled or stored, or any combination there of, including auto wrecking yards, house wrecking yards, used lumber yards, and places or yards for storage of salvaged house wrecking and structural steel materials and equipment; but not including used cars in operable condition, or salvaged materials incidental to manufacturing operations, and not including such places where such uses are conducted entirely within a completely enclosed building or structure.
(64) "Kennel" means a building or structure which may also include outdoor pens or runs for dogs or other animals which are housed or boarded for a fee, or an establishment for the breeding or training of such animals for compensation or sale.
(65) "Land Use Plan" means the long-range plan for the desirable use of land within the unincorporated area of Clark County as officially adopted and as amended from time to time by the Planning Commission. The purpose of such plan is, among other things, to serve as a guide in the zoning and progressive changes in the zoning of land to meet changing community needs, in the subdivision and use of undeveloped land, and in the acquisition of rights-of-way or sites for such public purposes as streets, parks, schools, and public buildings.
(66) "Landscaping" means the improvement of open areas by the planting and maintenance of trees, bushes, flower gardens, grass, and other vegetation.
(67) "Livability space" means part of the open space as found in planned developments which includes all land not covered by roof or devoted to streets, easements of access, and parking.
(68) "Livable area" means that totally enclosed space within the principal structure having an average ceiling height of a minimum of four feet above the finished grade.
(69) "Live entertainment" means any entertainment, provided in eating places, other than music mechanically produced by juke boxes or other devices from recorded music.
(70) "Loading/unloading space" means an off-street space or berth on the same lot with a building or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley, or other appropriate means of access.
(71) "Lot" means a piece or parcel of land occupied or intended to be occupied by a principal building or a group of such buildings and its accessory buildings and uses, including all open spaces required by this Zoning Ordinance, and having frontage on a public street. The meaning of the word "lot" includes "plot" or "parcel."
(72) "Lot, corner" means a lot abutting upon two or more roads or streets at their intersection or upon two parts of the same road or street and in either case forming an interior angle of less than 135 degrees.
(73) "Lot, double frontage" means a lot having frontage on two non-intersecting streets.
(74) "Lot, interior" means a lot other than a corner lot with only one frontage on a street.
(75) "Lot, nonconforming" means a legally recorded lot which has less than the required minimum lot size, width, depth, or any combination thereof as specified by the zoning district in which it is located.
(76) "Lot area" means the computed area contained within the lot lines, excluding right of way, measured in square feet or acres.
(77) "Lot coverage" means that percentage of a lot which, when viewed directly from above, would be covered by a structure or structures, or any part thereof, excluding projecting roof eaves.
(78) "Lot depth" means the mean horizontal distance between the front and the rear lot lines.
(79) "Lot frontage" means the distance between the side lot lines, measured by a line drawn parallel with the front lot line.
(80) "Lot lines" means the property lines bounding a lot.
(81) "Lot line, front" means the line separating a lot from a street right-of-way.
(82) "Lot line, rear" means the lot line opposite and most distant from the front lot line.
(83) "Lot line, side" means any lot line other than front or rear lot line. A side lot line separating a lot from a street is called a side street lot line. A side lot line separating a lot from another lot or lots is called an interior side lot line.
(84) "Lot line, street or alley" means a lot line separating a lot from a street or alley.
(85) "Lot of record" means any lot which individually or as a part of a subdivision has been recorded in the County Recorder's Office; or a parcel of land, the deed to which was of record as of the effective date of the zoning plan.
(86) "Lot split" means the division of any parcel of land so as to create two parcels or lots, either of which is less than five acres in size, for the immediate or future purposes of transfer of ownership.
(87) "Lot width" means the mean width of the lot measured at right angles to its depth.
(88) "Manufactured home (mobile)" means a structure with siding, doors and windows which is transportable in one or more sections, which, in the traveling mode, is twelve body feet or more in width or forty body feet or more in length or, when erected on site, is 480 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling or place of business with a permanent foundation. When placed on a permanent foundation it loses its mobility by complete removal of the under carriage and it converts to real estate. For the purpose of these provisions, a manufactured home carrying a HUD seal, certifies that it has been inspected by HUD at a point of origination and meets or exceeds Federal Building Code Requirements in effect at the time of manufacture.
(89) "Manufacturing" means a production or industrial process, including food processing, which combines one or more raw materials or components into a product, or which changes the nature of the materials entering the process.
(90) "Maximum lot coverage" means the greatest percentage of the total zoning lot which may be occupied by principal and accessory buildings or structures.
(91) "Motel or hotel" means a series of attached, semi-detached, or detached sleeping or living units, for the accommodation primarily of automobile transient guests, having convenient access to off-street parking spaces, for the exclusive use of the guests or occupants and including also such accessory commercial uses operated primarily for the convenience of guests and subject to such restrictions as may be specified in the district where located.
(92) "Motor home" means a self-propelled recreational vehicle constructed with permanently installed facilities for cold storage, for cooking and consuming of food, and for sleeping.
(93) "Nonconformities" means a building, structure, premises, or use thereof, legally existing and/or used at the time of adoption of these Regulations or any amendment thereto, which does not conform with the use regulations of the district in which it is located. If any such nonconforming use is voluntarily discontinued for two years or more, any future use of such land shall be in conformity with Ohio R.C. 713.01 to 713.15.
(94) "Nursing homes, convalescent homes, and rest homes" means a facility housing three or more individuals on a twenty-four hour basis who, because of age, mental or physical disability, or other reasons, must live in a supervised environment and depend upon the services of others.
(95) "Nuisance factors" means an offensive, annoying, unpleasant, or obnoxious thing or practice, a cause or source of annoyance, especially a continuing or repeating invasion of any physical characteristics of activity or use across a property line which can be perceived by or affects a human being, or the generation of an excessive or concentrated movement of people or things, such as, but not limited to: noise, dust, smoke, odor, glare, fumes, flashes, vibrations, shock waves, heat, electronic or atomic radiation, objectionable effluent, noise from congestion of people, passenger traffic, invasion of non-abutting street frontage by traffic.
(96) "Open space" means a parcel of land and/or an area of water within a site designated as a planned development and designed and intended for the use and enjoyment of the residents of the planned development. The area may include, along with the natural environmental features, water areas, swimming pools, tennis courts, or any other recreation facilities that the Village deems permissive.
(97) "Open storage" means storing or keeping of personal, movable property not enclosed in a building.
(98) "Original tract" means a contiguous quantity of land held in common ownership which has not been platted by the existing owner or owners since the enactment of these Regulations.
(99) "Parcel" means an individual lot held under common ownership.
(100) "Permitted use" means a use which is specifically authorized by these Zoning Regulations in a particular zoning district.
(101) "Planned development" means land under unified control, planned and developed as a whole in a single development operation or a definitely programmed series of development operations including all lands and buildings. Planned development is according to comprehensive and detailed plans which include not only streets, utilities, lots, or building sites and the like, but also site plans and design principles for all buildings as intended to be located, constructed, used, and related to each other; and detailed plans for other uses and improvements on the land as related to buildings. Finally, there will be a program for provision, operation and maintenance of such areas, improvements, and facilities necessary for common use by some or all of the occupants of the development, but which will not be provided, operated, or maintained at general public expenses.
(102) "Porch" means entrance or structure attached to the outside of an outer wall of a building, one or two stories in height, with integral foundations, which is open on three sides, and which may have railings and banisters or a parapet, and which is roofed.
(103) "Private garage" means a garage for four or fewer passenger motor vehicles without provisions for repairing or servicing such vehicles for profit.
(104) "Public facilities" means any building or structure used by government for administrative or service purposes.
(105) "Public utility" means any building, power plant, substation, water treatment plant, pumping station, sewage treatment and disposal plant, or other similar public structure, including the furnishing of electrical, gas, telephone, water, and sewage services.
(106) "Replacement cost" means the construction cost at current prices of the property, less depreciation, that is not necessarily an exact duplicate of the subject property, but serves the same function as the original.
(107) "Recreation space" means all area, open or enclosed, available for the general use of the residents of a planned semi-residential district for active or passive recreation. Recreation space shall be provided in locations easily accessible to the living units, but where they will not impair the view and privacy of living units. Such space may be a part of the livability space, where required.
(108) "Refuse" means combustible and non-combustible waste materials, except garbage, rubber, leather, tree branches, tin cans, metals, mineral matter and dust.
(109) "Right-of-way" means a strip of land taken or dedicated for use as a public way. In addition to the roadway, it normally incorporates the curbs, lawn strips, sidewalks, lighting, and drainage facilities, and may include special features (required by the topography or treatment) such as grade separation, landscaped areas, viaducts, and bridges.
(110) "Roadside stand" means a temporary structure designed or used for the display or sale of agricultural products produced on the premises upon which a stand is located.
(111) "Room, habitable" means a room occupied or designed to be occupied by one or more persons for living, sleeping, eating, or cooking, including kitchens serving a dwelling unit; but not including bathrooms, toilet compartments, laundries, pantries, attics for storage, and other similar spaces.
(112) "Rooming house" means a dwelling in which two or more rooms for lodging, with or without board, are provided for compensation.
(113) "Satellite dish antennas" means any device incorporating a reflective surface that is solid, open-mesh or bar configured, is in the shape of a shallow dish, cone, horn, cornucopia or flat plate, and is used to transmit and/or receive radio or electromagnetic waves or other signals between terrestrially and/or orbitally based units. This definition is meant to include but not be limited to what is commonly referred to as satellite earth stations, satellite receivers, satellite dishes, direct broadcast systems (DBSs), television reception only systems (TVROs), and satellite microwave antennae.
(114) "School, primary or secondary" means an institution which offers instruction in the several branches of learning and study required to be taught in the public schools by Ohio Common School Laws. (Secondary includes both junior and senior high.)
(115) "School bus" means a bus designed for carrying more than nine passengers which is owned by a public, private, or governmental agency or institution of learning and operated for the transportation of children to or from a school session or a school function, or owned by a private person and operated for compensation for the transportation of children to or from a school session or a school function.
(116) "Semitrailer" means a vehicle designed or used for carrying persons or property with another and separated motor vehicle, so that in operation, a part of its own weight or that of its load, or both, rests upon and is carried by another vehicle.
(117) "Service establishment" means any enterprise conducted for gain which primarily offers services to the general public such as shoe repair, barber shops, beauty parlors, and similar activities.
(118) "Setback" means the minimum distance at which a building may be constructed from a lot line.
(119) "Sidewalk" means that portion of the road right of way outside the roadway, which is improved for the use of pedestrian traffic.
(120) "Sign" means any device, figure, object, picture, letter, word, message, symbol, plaque, or poster visible from outside the premises on which it is located and designed to inform, attract, identify, or direct attention to an object, product, place, activity, person, institution, organization, or business which is affixed to or painted upon a building, structure, or piece of land. A sign support structure shall be considered to be an integral part of the actual sign itself. The following are some types of signs:
A. "Advertising" means a sign which directs attention to a use, commodity, or service not related to the premises on which the sign is located.
B. "Awning, canopy, or marquee" means a sign that is mounted on or painted on or attached to an awning, canopy or marquee.
C. "Bulletin board" means a structure containing a surface upon which is displayed the name of a religious institution, school, or library, auditorium, stadium, athletic field, or arena of similar use for the announcement of services or activities to be held therein.
D. "Construction" means a sign indicating the names of architects, engineers, contractors, and similar persons involved in the design and construction of a structure or project.
E. "Directional" means a sign directing vehicular or pedestrian movement onto premises or within a premises.
F. "Flashing" means any illuminated sign on which the artificial light or any part thereof has conspicuous or intermittent variation in intensity or color.
G. "Free standing sign" means a sign suspended or supported by one or more uprights or braces in or upon the ground surface. All such supports, uprights, or braces shall be considered an integral part of the actual sign.
H. "Identification" means a sign which displays only the same address and/or use of the premises upon which it is affixed or the product or service offered therein.
I. "Illuminated" means a sign that is lighted by an artificial light source.
J. "Moving" means any sign which in part or total rotates, revolves, or otherwise is in motion.
K. "Name plate" means a sign designating only the name and address or the name and professional occupation and address of a person or persons residing in or occupying space in such building or premises.
L. "Poster panel" means an advertising structure measuring not more than twelve feet by twenty-five feet overall on which posters are displayed.
M. "Painted bulletin" means an advertising structure on which advertising design is painted or painted and posted, and which may incorporate the use of cutouts and/or other embellishments.
N. "Political" means a sign which announces the candidacy of a person or slate of persons running for elective office, a political party, or issue or slate of issues.
O. "Portable" means a sign which is designed to be easily movable.
P. "Projecting sign" means a sign suspended from or supported by a building, structure, or column and extending there from, more than fifteen inches. All such supports, structures, or columns shall be considered an integral part of the actual sign.
Q. "Real estate" means a sign pertaining to the sale or lease of the lot or tract of land on which the sign is located or to the sale or lease of one or more structures or a portion thereof located on such lot or tract of land.
R. "Roof" means any sign which is erected over the roof parapet above the roofline and/or receives any of its support from the roof structure.
S. "Temporary" means any banner, pennant, poster display, or illustration which is affixed to or painted upon or represented directly or indirectly upon a building, structure or piece of land and which directs attention to an object, product, place, person, institution, organization, or business and is constructed of cloth, canvas, plastic sheet, cardboard, or other like materials and which is intended to be displayed for a limited period of time, not to exceed 120 days.
T. "Wall" means a sign which is affixed, painted on, or attached to the wall of the building or structure and which extends not more than fifteen inches from the face of the wall.
U. "Warning" means any sign indicating danger or a situation which is potentially dangerous.
(121) "Sign area" means the entire area within a single continuous perimeter enclosing the extreme limits of writing, representation, emblem, or any figure of similar character together with any frame or other material or color forming an integral part of the display or used to differentiate such sign from the background against which it is placed. The area of a sign having more than one display surface shall be computed as the total of the exposed exterior display surface area.
(122) "Sign face" mean the surface of the sign upon, against, or through which the message of the sign is exhibited.
(123) "Sign height" means the vertical distance from the uppermost point used in measuring the area of the sign to the crown of the road on which the property fronts.
(124) "Sign support structure" means the supports, uprights, bracing, pole, post, strut, cable, or other structural fixture or framework, including the base, necessary to hold and secure the sign face, all of which shall be considered to be an integral part of the actual sign itself.
(125) "Stable" means a structure for the keeping of domesticated animals.
(126) "Story" means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, or if there is no floor above, the portion between the floor and ceiling above; also any portion of a building used for human occupancy between the topmost floor and the roof. A basement shall not be counted as a story unless more than one-half of the basement height is above grade level at the front of the building.
(127) "Street" means a public right of way fifty feet or more in width which provides a public means of access to abutting property, or any such right-of-way more than thirty feet and less than fifty feet in width provided it existed prior to the enactment of these regulations and had been accepted by the Village. Street includes avenue, drive, circle, road, parkway, boulevard, highway, thoroughfare, or any other similar term.
(128) "Structural alteration" means any change, other than incidental repairs, in the supporting members of a building, such as bearing walls, columns, beams, or girders.
(129) "Structure" means an assembly of materials which forms a construction for occupancy for use which requires permanent location on the ground, or attachment to something having a permanent location on the ground.
(130) "Temporary use" means any non-permanent or intermittent use of land, building, or structure which is permitted by these Regulations.
(131) "Thoroughfare Plan" means the official Thoroughfare Plan as adopted by the Enon Planning Commission and Village Council, establishing the location and official right-of-way widths of principal highways and streets in Enon, together with all amendments thereto subsequently adopted.
(132) "Trailer" means any vehicle or structure constructed in such a manner as to permit occupancy thereof as sleeping quarters or the conduct of any business, trade, or occupation, or use as a selling or advertising device, or use for storage or conveyance for tools, equipment, or machinery, and so designed that it is or may be mounted on wheels and used as a conveyance on highways and streets, propelled or drawn by other motor power.
(133) "Tree" means any self-supporting woody plant which usually produces one main trunk, and a more or less distinct and elevated head with many branches.
(134) "Use" means the activity conducted on or in a particular parcel of land or structure.
(135) "Variance" means a modification of the literal provisions of these Regulations granted when strict enforcement of these Regulations would cause undue hardship owning to circumstances unique to the individual property on which the variance is granted.
(136) "Vehicle" means all automobiles, trucks, motorcycles, trailers, truck campers, recreational vehicles, buses, and boats.
(137) "Vehicle, motor" means anything on wheels propelled or drawn by power other than muscular power.
(138) "Vehicle, recreational" means any vehicle or appurtenance thereof, self-propelled or non-self-propelled, which is designated, constructed, used, or intended for use primarily as temporary shelter, and whose principal function is to serve a recreational and/or entertainment purpose. Recreational vehicles include travel trailers, motor homes, truck campers, and tent-type fold out camping trailers.
(139) "Wall" means a boundary enclosure or separating barrier which is usually opaque.
(140) "Yard" means a space on the same lot with a main building, open, unoccupied and unobstructed by buildings or structures from the ground to the sky, except as otherwise provided in these Regulations.
(141) "Yard, front" means a yard extending across the full width of the lot, the depth of which shall be the least perpendicular distance between the front lot line and the front of the main building.
(142) "Yard, front (least depth)" means the shortest distance, measured horizontally between any part of a building and the right-of-way line of the existing street on which the lot fronts, i.e., the front lot line; provided, however, that if the proposed location of the right-of-way line of such street as established on the Official Thoroughfare Plan differs from that of the existing street, then the required front yard least depth shall be measured from the right-of-way line of such street as designated on the Official Thoroughfare Plan.
(143) "Yard, rear" means a yard extending the full width of the lot between the rear-most main building and the rear lot line, the depth of which shall be the least distance between the rear lot line and the rear of such main building.
(144) "Yard, rear (least depth)" means an open space extending the full width of the lot between a building and the rear lot line, unoccupied and unobstructed from the ground upward except as herein specified.
(145) "Yard, side" means a yard between the main building and the side lot line, extending from the front yard or front lot line to the rear yard. The width of the required side yard shall be measured horizontally and perpendicularly from the nearest point of the side lot line toward the nearest part of the main building.
(146) "Yard, side (least width)" means the shortest distance, measured horizontally, between any part of a building, other than such parts herein excepted, and the nearest side lot line.
(147) "Yard, side (least width, how measured)" means such width shall be measured from the nearest side lot line and, in case the nearest side lot line is a side street lot line, from the right-of-way line of the existing street, the required side yard shall be the same as the required front yard of the lot adjacent thereto.
(148) "Zoning certificate" means a document issued by the Zoning Inspector or his/her authorized agent which certifies that the use to be made of a particular property is consistent with the terms of these Regulations and for the purpose of carrying out and enforcing its provisions.
(149) "Zoning District" means a portion of the incorporated area of the Village of which certain uniform regulations governing the use, height, area, and intensity of use of buildings and land and open spaces are herein established.
(150) "Zoning Inspector" means the officer or his/her authorized representative, appointed by Council, charged with the interpretation, administration, and enforcement of these Regulations.
(151) "Zoning map" means the zoning map or maps of the incorporated area of the Village of Enon, Clark County of Ohio, or portion thereof together with all amendments thereto subsequently adopted.
(152) "Zoning regulations" means this document in its entirety, any subsequent amendments; and all maps, figures, drawings, and any other clarifications appurtenant.
(Ord. 93-12. Passed 12-14-93.)
1139.01 DISTRICTS ESTABLISHED.
The incorporated area of the Village of Enon, Clark County, Ohio, zoned under Ohio R.C. 713.06 et. seq. shall be and is hereby divided into the following districts:
"A" Agricultural District
"R-1" Single Family Residential District
"R-2" Single Family Residential District
"R-3" Single Family Residential District
"R-4" Single Family Residential District
"R-5" Single and Two Family Residential District
"R-6" Multiple Family Residential District
"R-7" Mobile Home Residential District
"O" Office District
"B-1" Neighborhood Business District
"B-2" Central Business District
"B-3" General Business District
"B-4" Expressway Service District
"I-1" Light Industrial District
"I-2" General Industrial District
"F" Flood Plain District
"Pd-R" Planned Development - Residential District
"Pd-O" Planned Development - Office District
"Pd-B" Planned Development - Business District
"Pd-I" Planned Development - Industrial District
(Ord. 74-8. Passed 10-3-74.)
"Pd-M" Planned Development – Mixed Use District
"Pd-C" Planned Development – Conservation District
"D" Downtown District.
1139.02 BOUNDARIES.
(a) Incorporation. The boundaries of these districts are hereby established as shown on the Zoning Map of the incorporated areas of the Village, which map is hereby made a part of the Zoning Ordinance. The "Zoning Map" and all notations and references are hereby made part of the Zoning Ordinance. The "Zoning Map" properly attested, shall be and remain on file in the Office of the Village Zoning Inspector, Village Council, and the Village Planning Commission.
(b) Areas Shown On Map. It is the intent of this Zoning Ordinance that the entire area under the jurisdiction of Village of Enon, including all land, water areas, rivers, streets, alleys, railroad, and other right-of-way, be included in the districts established by this chapter. Any area not shown on the Official Zoning Map of the Village as being included in any district shall be deemed to be in the "A," Agricultural District.
(c) Newly Annexed Areas. Newly annexed lands shall retain the most recent zoning classification they had when in the township until such time as Council, after recommendation by the Planning Commission, shall determine it necessary to reclassify the annexed land in some other zoning district.
(d) Rules of Interpretation. In the event uncertainty exists with respect to the intended boundaries of the various districts as shown on the Official Zoning Maps, the following rules shall apply:
(1) Where the designation of a boundary line on the Zoning Map coincides with the location of a street or alley, the centerline of such street or alley shall be construed to be the boundary of such district.
(2) Where the district boundaries do not coincide with the location of streets or alleys, but do coincide with lot lines, such lot lines shall be construed to be the boundary of such district.
(3) Where the district boundaries do not coincide with the location of streets, alleys, or lot lines, the district boundaries shall be determined by the use of the scale shown on the Zoning Maps.
(4) All streets, alleys, public ways, waterways, and railroad right-of-ways, if not otherwise specifically designated, shall be deemed to be in the same zone as the property immediately abutting upon such streets, alleys, public ways, waterways, and railroad right-of-ways.
(5) Where the centerline of a street, alley, public way, waterway, or railroad right-of-way serves as a district boundary, the zoning of such areas, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property up to the centerline.
(Ord. 74-8. Passed 10-3-74.)
1139.03 DISTRICT REQUIREMENTS.
(a) In all districts, no building or structure or part thereof hereafter shall be erected, constructed, or altered and maintained, and no new use or change shall be made or maintained of any building, structure, or land or part thereof, except in conformity with the provisions of the Zoning Ordinance.
1141.01 INTENT.
This district has been established to provide for agricultural activity on large tracts and areas of open land.
(Ord. 74-8. Passed 10-3-74.)
1141.02 PRINCIPAL PERMITTED USES.
(a) Agricultural and the usual agricultural buildings and structures, provided that any building in which animals are housed shall be a distance of at least 100 feet from any dwelling, other than a farm dwelling, or from any lot in a Residential, Office or Business District.
(b) Single family dwellings.
(c) Libraries, community centers, and public, parochial, and other private elementary schools offering courses in general education and not operated for profit. Further, provided at least one property line abuts a collector street and that the following minimum standards are met:
Facility | Minimum Site |
Elementary school | Five acres |
(d) Public, parochial, and other private middle and high schools offering courses in general education, not operated for profit, and places of worship, each having at least one property line abutting a primary or secondary thoroughfare or located at the intersection of two collector streets. Further, provided the following minimum standards are met:
Facility | Minimum Site |
Middle school | Twenty acres |
High school | Thirty acres |
Place of worship | Three acres |
(e) Publicly owned and operated buildings and facilities.
(f) Publicly owned parks and playgrounds.
(g) Colleges, universities, that meet the following standards:
(1) Minimum site: 40 acres.
(2) All access to site shall be from a primary or secondary thoroughfare.
(3) All buildings shall be at least 150 feet from all property lines, except residential buildings, which shall be at least eighty feet from all property lines.
(Ord. 74-8. Passed 10-3-74.)
1141.03 CONDITIONAL USE.
The following Conditional Uses subject to approval in accordance with Section 1183.06.
(b) Cemeteries, including mausoleums and crematoria, provided that any mausoleum or crematorium shall be a distance of at least 200 feet and burial sites at least 100 feet from adjacent property, street and highway lines, and provided further that any new cemetery shall contain an area of twenty acres or more.
(c) Kennels and animal hospitals for the raising, breeding, treatment, and boarding of dogs, or other small animals, provided that all outside runs be at least 200 feet from all property lines.
(d) Riding academies, provided that such building or stable shall be distant 200 feet from any lot in any Residential District.
(e) Golf courses, swimming pools, tennis courts, gun clubs, and similar recreational uses but not including driving ranges, miniature golf courses, and pitch and putt courses.
(f) A trailer, or other temporary building, for a period not to exceed nine months while a permanent dwelling is being constructed on the same lot.
(Ord. 74-8. Passed 10-3-74.)
1141.04 ACCESSORY USES.
(a) Single family dwellings for persons employed on the premises and not to be rented or otherwise used as a separate dwelling.
(b) A private garage, parking space, or stable.
(c) Roadside stands, offering for sale only agricultural products grown on the premises.
(d) The keeping of animals and/or fowl as pets or for domestic use.
(e) Home occupation as governed by Section 1154.13.
(f) Temporary buildings for uses incidental to construction work, which buildings shall be removed upon the completion or abandonment of the construction work.
(Ord. 74-8. Passed 10-3-74.)
1142.01 INTENT.
The "R-1" thru "R-4" Single Family Residential Districts as herein established are intended to be the most restrictive of the residential districts. The intent is to provide for an environment of predominantly low density, one family detached dwellings along with other residentially related facilities which serve the residents in the district.
(Ord. 74-8. Passed 10-3-74.)
1142.02 PRINCIPAL PERMITTED USES.
(a) Single family detached dwellings.
(b) Libraries, community centers, and public, parochial, and other private elementary schools offering courses in general education and not operated for profit, provided at least one property line abuts a collector street and that the following minimum standards are met:
Facility | Minimum Site |
Elementary school | Five acres |
(c) Publicly owned and operated parks and playgrounds.
(d) Public, parochial, and other private middle and high schools offering courses in general education, not operated for profit, and places of worship, each having at least one property line abutting a primary or secondary thoroughfare or located at the intersection of two collector streets. Further provided the following minimum standards are met:
Facility | Minimum Site |
Middle school | Twenty acres |
High school | Thirty acres |
Place of worship | Three acres |
(Ord. 74-8. Passed 10-3-74.)
1142.03 CONDITIONAL USE.
The following conditional uses subject to approval in accordance with Section 1183.06.
(a) Private noncommercial golf courses (not including driving ranges, miniature golf courses, and pitch and putt courses), swimming pools, and tennis courts, and accessory uses.
(b) Utility, public service, municipal buildings that do not require outdoor storage of materials or vehicles.
(c) Colleges, universities that meet the following standards:
(1) Minimum site: 40 acres.
(2) All access to site shall be from a primary or secondary thoroughfare.
(3) All buildings shall be at least 150 feet from all property lines, except residential buildings, which shall be at least eighty feet from all property lines.
(Ord. 74-8. Passed 10-3-74.)
1142.04 ACCESSORY USES.
(a) Accessory uses, buildings, or other structures customarily incidental to any aforesaid permitted use, including private garages, provided that such accessory uses shall not involve the conduct of any business, trade, or industry, or any private way or walk giving access to such activity.
(b) Home occupation as governed by Section 1154.13.
(c) Temporary buildings for uses incidental to construction work, which buildings shall be removed upon the completion or abandonment of the construction work.
(Ord. 74-8. Passed 10-3-74.)
1143.01 INTENT.
The "R-5" Single and Two Family Residential District as herein established is intended to afford a transition of use in existing housing areas by permitting new construction or conversion of existing structures between low-density, residential and commercial, office, higher density residential, thoroughfares, or other uses which would affect residential character. This district also recognizes the existence of older residential areas where larger houses have been or can be converted from single family to two family residences in order to extend the economic life of these structures and allow the owners to justify the expenditures for repair and modernization. This district further allows the construction of new two family residences.
(Ord. 74-8. Passed 10-3-74.)
1143.02 PRINCIPAL PERMITTED USES.
(b) Two family dwellings.
(c) Libraries, community centers, and public, parochial, or other private elementary schools offering courses in general education and not operated for profit, provided at least one property line abuts a collector street and that the following minimum standards are met:
Facility | Minimum Site |
Elementary school | Five acres |
(d) Public, parochial, and other private middle and high schools offering courses in general education, not operated for profit, and places of worship, each having at least one property line abutting a primary or secondary thoroughfare or located at the intersection of two collector streets. Further provided the following minimum standards are met:
Facility | Minimum Site |
Middle school | Twenty acres |
High school | Thirty acres |
Place of worship | Three acres |
(e) Publicly owned parks and playgrounds.
(Ord. 74-8. Passed 10-3-74.)
1143.03 CONDITIONAL USES.
The following Conditional Uses subject to approval in accordance with Section 1183.06.
(a) Private noncommercial golf courses (not including driving ranges, miniature golf courses, and pitch and putt courses), swimming pools, and tennis courts, and accessory uses.
(b) Utility, public service, and municipal buildings that do not require outdoor storage of materials and vehicles.
(c) Colleges, universities that meet the following standards:
(1) Minimum site: 40 acres.
(2) All access to site shall be from a primary or secondary thoroughfare.
(3) Building shall be at least 150 feet from all property lines, except residential buildings, which shall be eighty feet from all property lines.
(Ord. 74-8. Passed 10-3-74.)
1143.04 ACCESSORY USES.
(a) Accessory uses, buildings, or other structures customarily incidental to any aforesaid permitted use, including private garages, provided that such accessory uses shall not involve the conduct of any business, trade, or industry, or any private way or walk giving access to such activity.
(b) Home Occupation as governed by Section 1154.13.
(c) Temporary buildings for uses incidental to construction work, which buildings shall be removed upon the completion or abandonment of the construction work.
(Ord. 74-8. Passed 10-3-74.)
1144.01 INTENT.
The "R-6" Multiple Family Residential District as herein established is intended to provide sites for multiple family dwelling structures and related uses which will generally serve as zones of transition between non-residential districts and lower density single or two family districts.
(Ord. 74-8. Passed 10-3-74.)
1144.02 PRINCIPAL PERMITTED USES.
(c) Multiple family dwellings.
(d) Libraries, community centers, and public, parochial, and other private elementary schools offering courses in general education and not operated for profit, provided at least one property line abuts a collector street and that the following minimum standards are met:
Facility | Minimum Site |
Elementary school | Five acres |
(e) Public, parochial, and other private middle and high schools offering courses in general education, not operated for profit, and places of worship, each having at least one property line abutting a primary or secondary thoroughfare or located at the intersection of two collector streets. Further provided the following minimum standards are met:
Facility | Minimum Site |
Middle school | Twenty acres |
High school | Thirty acres |
Place of worship | Three acres |
(f) Publicly owned parks and playgrounds.
(Ord. 74-8. Passed 10-3-74.)
1144.03 CONDITIONAL USES.
The following Conditional Uses subject to approval in accordance with Section 1183.06.
(a) Private noncommercial golf courses (not including driving ranges, miniature golf courses, and pitch and putt courses), swimming pools and tennis courts, and accessory uses.
(b) Utility, public service, and municipal buildings that do not require outdoor storage of materials or vehicles.
(c) Colleges, universities that meet the following standard:
(1) Minimum site: 40 acres.
(2) All access to site shall be from a primary or secondary thoroughfare.
(3) All buildings shall be at least 150 feet from all property lines, except residential buildings, which shall be at least eighty feet from all property lines.
(Ord. 74-8. Passed 10-3-74.)
1144.04 ACCESSORY USES.
(a) Accessory uses, buildings, or other structures customarily incidental to any aforesaid permitted use, including private garages, provided that such accessory uses shall not involve the conduct of any business, trade, or industry or any private way or walk giving access to such activity.
(b) Home Occupation as governed by Section 1154.13.
(c) Temporary buildings for uses incidental to construction work, which buildings shall be removed upon the completion or abandonment of the construction work.
(Ord. 74-8. Passed 10-3-74.)
1145.01 RESIDENTIAL MANUFACTURED (MOBILE) HOME PARK DEVELOPMENT REQUIREMENTS AND PROCEDURES.
Mobile home parks are permitted in the r-mhp residential mobile home park district in accordance with the specifications listed in Section 1161.01, and subject to the following conditions:
1145.02 GENERAL PROVISIONS.
(a) No one may apply for a zoning certificate for a mobile home park without first obtaining approval from the Ohio Environmental Protection Agency and/or the Clark County Health Department.
(b) Any existing mobile home not located within a mobile home park or within an agricultural district shall be a non-conforming use. Such mobile home is privileged to remain at its present location but may not be moved to a location other than an R-7 district except by meeting the requirements for mobile home parks stated herein.
(c) Any mobile home in a mobile home park must be permanently affixed to the ground. It shall be unlawful to occupy or sleep in any mobile home unless it meets the requirements of this section.
(d) No mobile home shall be used for any purpose other than single-family residential.
(e) No existing mobile home park may be expanded without making application for a zoning certificate and meeting the requirements of this section.
(f) Nothing in the provisions of these regulations shall prohibit the replacement of a mobile home at its same location.
1145.03 REQUIREMENTS AND FILING PROCEDURE FOR MOBILE HOME PARKS.
The owner/developer(s) shall file a mobile home park development plan for the proposed mobile home park with the village planning commission. The mobile home park development plan shall include the following information:
(a) The proposed location, site size, total number of mobile home sites to be developed, and the production schedule for the development.
(b) Proposed location, size, and use of the non-residential portions of the tract, including usable open space, parklands, playgrounds, and other areas and spaces, including their suggested ownership.
(c) Proposed provisions for water, sanitary sewer, surface drainage, and fire protection facilities, including engineering feasibility studies or other pertinent information.
(d) Proposed traffic circulation pattern, including location of public and private streets, walks, and other accessways, showing their relationship to existing streets and topographic features.
(e) Names and addresses of the owners of all properties lying within two hundred (200) feet of any part of the tract proposed for development approval.
(f) Deed restrictions, covenants, easements, and encumbrances to be used to control the use, development, and/or maintenance of the zoning tract.
1145.04 DESIGN STANDARDS.
(a) The tract of land to be developed as a mobile home park shall contain a minimum of five (5) acres, said tract being served by public water and sewerage systems or approved off-site water and sanitary sewer systems.
(b) Before a mobile home park may be occupied, it shall be a condition that at least thirty (30) percent of the mobile home lots be completed and ready for occupancy, which completion shall include, but not be limited to, the installation of all roadways and drives, sidewalks, lighting, public utilities, and service and management buildings serving the sites to be occupied. Before any site may be occupied, all facilities required for serving the site with emergency vehicles shall be completed.
(c) Each mobile home dwelling, including accessory buildings, garages, and porches, shall not cover more than forty (40) percent of the area of the mobile home space or lot on which it is placed.
(d) Every mobile home placed on a mobile home space or lot shall front upon an interior drive within the mobile home park.
(e) No mobile home in a mobile home park shall front upon or be located within seventy-five (75) feet of any public right-of-way.
1145.05 STREETS, SIDEWALKS, AND PARKING.
(a) Every mobile home park shall provide a main entrance drive not less than thirty-six (36) feet wide. All other drives shall be of a width and design necessary for the use required as determined by the village administrator/designee, except that no drive shall have a usable travel width less than twenty-four (24) feet with an inside radius on all curves of not less than forty (40) feet.
(b) All drives shall be protected at the edges by curbs, gutters, or other suitable edging as necessary to provide for the stabilization of the pavement and adequate drainage.
(c) All mobile home spaces or lots shall abut a driveway.
(d) Every mobile home park shall contain continuous sidewalks not less than three (3) feet wide along all internal drives used on site frontage.
(e) Within the boundary of each mobile home space or lot there shall be at least two (2) paved parking spaces not closer than three (3) feet to the mobile home dwelling, nor closer than ten (10) feet from any mobile home dwelling on an adjoining space or lot. Said parking spaces shall be not less than nine (9) feet wide and twenty (20) feet long when measured rectangularly.
1145.06 UTILITY REQUIREMENTS.
(a) Water. Every mobile home park shall be served by an approved off- site water system.
(b) Fire Protection. For fire protection purposes, there shall be domestic water under adequate pressure in standard fire hydrants approved by the Village Administrator/Clark County Engineer, which hydrants shall be located within five hundred (500) feet of every mobile home space or lot within the mobile home park.
(c) Sanitary Sewers. Every mobile home park shall be connected to an approved off-site sanitary sewerage system.
(d) Storm Drainage. Adequate storm drainage for each mobile home lot shall be provided.
(e) Heating Fuel Supply. Fuel systems shall be installed and maintained in accordance with applicable state and local codes and regulations. All fuel storage containers, barrels, tanks, or cylinders and piping to the mobile homes shall be securely fastened in place and protected against physical damage.
(f) Natural Gas System. When natural gas piping systems are used, they shall be installed underground in accordance with applicable codes and regulations and public utility standards. Each mobile home space or lot provided with piped natural gas shall have an approved manual shutoff valve installed upstream of the gas outlet. The outlet shall be equipped with an approved method to prevent accidental discharge of gas when the outlet is not in use.
1145.07 MOBILE HOME STAND AND SKIRTS.
(a) Each mobile home dwelling shall be placed on and have its four corners supported by and anchored to a concrete foundation designed to carry the load placed thereon. Rigid skirts designed to screen and seal the space between the mobile home and its concrete foundation shall be installed within sixty (60) days from the time that the mobile home is placed on the space or lot.
1145.08 COMMUNAL FACILITIES.
In all mobile home parks, the following facilities shall be provided and available to residents:
(a) Management and maintenance offices including storage facilities for grounds-keeping equipment.
(b) Laundry and drying facilities in a permanent structure which shall be in a convenient, accessible location, and which shall also provide laundry trays and sinks.
(c) A safe, usable, conveniently located recreation area or areas shall be located in each mobile home park and shall comprise an area equal to one fifteen-thousandth (.015) of an acre for each mobile home proposed to be located within such development.
(d) No communal facility in a mobile home park shall front upon or be located within seventy-five (75) feet of any public right-of-way.
1145.09 PERIPHERAL BUFFER.
(a) No mobile home in a mobile home park shall be located within forty (40) feet of any other zoning district. All mobile home park tracts which are adjacent to a residential zoning district shall provide a twenty (20) foot wide planting strip which extends along all outside boundaries contiguous to the residential district. The strips shall be planted with trees and shrubs that will provide a dense screen at all times and shall be maintained in good condition by the owner.
1145.10 VEHICULAR ENTRANCES AND EXITS.
No vehicular entrance to or exit from any mobile home park, wherever such park may be located, shall be within two hundred (200) feet along streets from any school, public playground, church, hospital, library, or institution for dependents or for children.
1145.11 CONDITIONS OF APPROVAL.
(a) The basis for the approval of a mobile home park development application shall be:
(1) That the proposed development is consistent in all respects with the purpose, intent, and applicable standards of these regulations.
(2) That the proposed development is in conformity with existing county and township development plans.
(3) That the proposed development advances the general welfare of the county or township and the immediate vicinity.
(4) That the design character and improved site arrangement justify the location and size proposed in the development.
(5) That the water and sewerage facilities to serve the proposed development have been approved by the Clark County Sanitary Engineer, the Ohio Environmental Protection Agency, and/or the Clark County Health Department.
(b) The approval shall be for a period of one (1) year to allow construction to be substantially started in accordance with the mobile home park development plan, with evidence that construction will be completed within a reasonable length of time. Unless construction, as described, is initiated within the one (1) year time limit, the village council reserves the right to revert the land to its previous zoning classification except when an application for a time extension has been submitted and approved by Council.
(c) The Planning Commission or Village Council may impose any additional development standards and/or controls, including the posting of a performance bond, deemed necessary to ensure development in conformance with the intent and requirements of this section.
1146.01 INTENT.
This "O" District as herein established is intended to accommodate uses such as offices, banks, and institutions which can serve as transitional areas between Residential and Commercial Districts or between major thoroughfares and Residential Districts.
(Ord. 74-8. Passed 10-3-74.)
1146.02 PRINCIPAL PERMITTED USES.
(a) Art galleries, libraries, and museums.
(b) Artist, sculptor, and composer studios.
(c) Banks and financial institutions.
(d) Hospitals.
(e) Libraries and reading rooms.
(f) Medical and dental clinics.
(g) Medical research facilities.
(h) Nursing homes, rest homes, and convalescent homes.
(i) Office buildings of any kind provided that no retail trade with the general public is carried on and that no stock of goods is maintained for sale to customers.
(j) Radio and television broadcasting studios.
(k) Research and development laboratories.
(l) School and educational services.
(m) Veterinarian's offices provided that:
(1) Offices shall be housed in a completely enclosed and soundproofed building.
(2) Services will be on a strictly "out-patient basis" with no raising, breeding, and boarding of dogs or other small animals, except for the confinement of small animals under emergency treatment in facilities within the office.
(Ord. 74-8. Passed 10-3-74.)
1146.03 CONDITIONAL USES.
The following conditional uses subject to approval in accordance with Section 1183.06.
(a) Retail and service uses such as restaurants, drug stores, barber and beauty shops, tobacconists, gift shops, but only:
(1) When located entirely within a building or structure containing primarily a principal use or uses permitted in this district.
(2) With access for the public provided only through the lobby.
(b) Hotels and motels, which may have eating places #1 and #2, swimming pools, plus other customary incidental facilities.
(c) Testing laboratories which are compatible with the other permitted uses.
(d) Publicly owned buildings, telephone exchange buildings, and public utility offices; but not including storage yards, transformer stations, sub-stations, or gas regulator stations.
(Ord. 74-8. Passed 10-3-74.)
1146.04 ACCESSORY USES.
(a) Accessory uses, buildings, or other structures customarily incidental to any aforesaid permitted use.
(b) Temporary buildings for uses incidental to construction work, which buildings shall be removed upon the completion or abandonment of the construction work.
(Ord. 74-8. Passed 10-3-74.)
1146.05 REQUIRED CONDITIONS.
No zoning certificate shall be issued for an "O" use until the applicant shall have certified to the Zoning Inspector that:
(a) All premises shall be furnished with all-weather hard surface walks of a material such as bituminous or portland cement concrete, wood, tile, terrazzo, or similar material, and, except for parking areas, the grounds shall be planted and landscaped.
(b) Where the property lines separate an Office District from a Residential District, a visual and mechanical barrier, a minimum of six feet in height, shall be provided along the common lot line, which may consist of any of the following:
(1) An evergreen hedge used with a chain link fence not less than three feet in height.
(2) A fence of a nondeteriorating material.
(3) Masonry wall.
(Ord. 74-8. Passed 10-3-74.)
1147.01 INTENT.
This district has been established to provide for relatively small business and service establishments which may be placed in a residential or rural area to serve primarily near-by residents.
(Ord. 74-8. Passed 10-3-74.)
1147.02 PRINCIPAL PERMITTED USES.
(a) Bake goods shop, retail only.
(b) Barber and beauty shops.
(c) Candy and ice cream stores.
(d) Drug stores.
(e) Pick-up stations for dry cleaning and laundry.
(f) Dry cleaning and laundromats of the self-service type.
(g) Grocery and delicatessen stores.
(Ord. 74-8. Passed 10-3-74.)
1147.03 ACCESSORY USES.
(a) Accessory uses, buildings, or other structures customarily incidental to any of the foregoing permitted uses.
(b) Temporary buildings for uses incidental to construction work, which buildings shall be removed upon the completion or abandonment of the construction work.
(Ord. 74-8. Passed 10-3-74.)
1147.04 REQUIRED CONDITIONS.
No zoning certificate shall be issued for a "B-1" use until the applicant shall have certified to the Zoning Inspector that:
(a) The business activity is open to the public only between the hours of 7:00 a.m. and 11:00 p.m.
(b) The business activity shall be conducted wholly within a completely enclosed building.
(c) The business establishment shall not offer goods, service, food, beverages, or make sales directly to customers in automobiles, except for drive-in windows for pick-up or delivery and which will be provided with adequate driveway space on the premises for waiting vehicles.
(d) All business shall be of retail or service character.
(e) No manufacturing, processing, packaging, repair, or treatment of goods shall be carried on, except when incidental or accessory to the performance of services or the sale of goods to the public on the premises.
(f) All premises shall be furnished with all-weather hard surface walks of a material such as bituminous or portland cement concrete, wood, tile, terrazzo, or similar material, and, except for parking areas, the grounds shall be planted and landscaped.
(g) Where the property lines separate a Business District from a Residential District, a visual and mechanical barrier, a minimum of six feet in height, shall be provided along the common lot line, which may consist of any of the following:
(1) An evergreen hedge used with a chain link fence not less than three feet in height.
(2) A fence of a nondeteriorating material.
(3) Masonry wall.
(h) Objectionable noise as determined by the Zoning Inspector which is due to volume, frequency, or beat, either continuous or intermittent, shall be muffled or otherwise controlled.
(i) Exterior lighting shall be shaded wherever necessary to avoid casting direct light upon any property located in a Residential District or upon any public street.
(j) No emission of toxic or noxious matter which is injurious to human health, comfort or enjoyment of life and property or to animal or plant life shall be permitted. Where such emissions could be produced as a result of accident or equipment malfunction, adequate safeguards considered suitable for safe operation in the business involved shall be taken.
(k) The emission of smoke or other air pollutants shall not violate the standards and regulations of the Clark County Health Department. Dust and other types of air pollution borne by the wind shall be kept to a minimum by appropriate landscaping, paving, or other acceptable means.
(l) There will be no emission of odors or odor-causing substances which can be detected without the use of instruments at or beyond the lot lines.
(m) There will be no vibrations which can be detected without the use of instruments at or beyond the lot lines.
(n) Outside incinerators shall be a minimum distance of fifty feet from all residential lot lines. The incinerator, and all trash to be burned therein, shall be enclosed within a six foot in height solid enclosure.
Failure to comply with any of the Required Conditions by property owners or users will be considered a zoning violation appropriate for prosecution under the terms of the Zoning Ordinance.
(Ord. 74-8. Passed 10-3-74.)
1148.01 INTENT.
This district has been established to provide for a variety of business functions serving the needs of consumers beyond the immediate neighborhood. Generally, the "B-2" District is characterized by an integrated or planned cluster of establishments served by a common parking area and generating large volumes of vehicular and pedestrian traffic.
(Ord. 74-8. Passed 10-3-74.)
1148.02 PRINCIPAL PERMITTED USES.
(b) All retail business, service establishments, or processing uses as follows:
(1) Any retail business whose principal activity is the sale, rent, or lease of merchandise in an enclosed building.
(2) Any service establishment of an office, showroom; workshop of an electrician, decorator, dressmaker, tailor, baker, painter, upholsterer; and establishment doing radio or home appliance repair, photographic reproduction, or similar service establishments that require a retail adjunct.
(c) Private clubs, fraternal organizations, and lodge halls.
(d) Eating places:
(1) Eating places # 1.
(2) Eating places - carryouts.
(e) Business schools and colleges or private schools operated for profit.
(f) Other uses similar to the above permitted uses.
(Ord. 74-8. Passed 10-3-74.)
1148.03 CONDITIONAL USES.
The following uses shall be permitted subject to the conditions hereinafter imposed for each use and subject further to review and approval in accordance with Section 1183.06.
(a) Automobile service stations or centers, when developed as part of a larger planned shopping center which has been designed so as to integrate the automobile service station or center within the site plan and architecture of the total shopping center.
(b) Indoor recreation (wholly enclosed places of recreation or amusement, ie.) theaters, bowling alleys, billiard halls, indoor archery range, indoor tennis courts, indoor skating rinks, assembly or concert halls.
(c) Eating places # 2.
(Ord. 74-8. Passed 10-3-74.)
1148.04 ACCESSORY USES.
(a) Accessory uses, buildings, or other structures customarily incidental to any of the foregoing permitted uses.
(b) Temporary buildings for uses incidental to construction work, which buildings shall be removed upon the completion or abandonment of the construction work.
(Ord. 74-8. Passed 10-3-74.)
1148.05 REQUIRED CONDITIONS.
No zoning certificate for a "B-2" use shall be issued until the applicant has certified to the Zoning Inspector that:
(a) All business establishments shall be retail or service establishments dealing directly with consumers. All goods produced on the premises shall be sold at retail on the premises where produced.
(b) The business activity will be conducted wholly within a completely enclosed building except for automobile service stations in accordance with subsection (f).
(c) The business establishment shall not offer goods, service, food, beverages, or make sales directly to customers in automobiles, except for drive-in windows for pick-up or delivery and which will be provided with adequate driveway space on the premises for waiting vehicles.
(d) No manufacturing, processing, packaging, repair, or treatment of goods shall be carried on, except when incidental or accessory to the performance of services or the sale of goods to the public on the premises.
(e) Exterior lighting shall be shaded wherever necessary to avoid casting direct light upon any property located in a Residential District or upon any public street.
(f) Automobile service stations when permitted shall be limited to the selling and dispensing of petroleum fuel primarily to passenger vehicles and to such accessory uses as the sale and installation of lubricants, tires, batteries, accessories, and supplies; incidental washing and polishing, tune-ups and brake repair. No outdoor dismantling, wrecking or storage of automotive vehicles, parts, or accessories shall be permitted. No outdoor storage or rental of trucks, trailers, or passenger vehicles shall be permitted.
(g) All premises shall be furnished with all-weather hard surface walks of a material such as bituminous or portland cement concrete, wood, tile, terrazzo, or similar material, and, except for parking areas, the grounds shall be planted and landscaped.
(h) Where the property lines separate a Business District from a Residential District, a visual and mechanical barrier, a minimum of six feet in height, shall be provided along the common lot line, which may consist of any of the following:
(1) An evergreen hedge used with a chain link fence not less than three feet in height.
(2) A fence of a nondeteriorating material.
(3) Masonry wall.
(i) Objectionable noise as determined by the Zoning Inspector which is due to volume, frequency, or beat, either continuous or intermittent, shall be muffled or otherwise controlled.
(j) No emission of toxic or noxious matter which is injurious to human health, comfort, or enjoyment of life and property or to animal or plant life shall be permitted. Where such emissions could be produced as a result of accident or equipment malfunction, adequate safeguards considered suitable for safe operation in the business involved shall be taken.
(k) The emission of smoke or other air pollutants shall not violate the standards and regulations of the Clark County Health Department. Dust and other types of air pollution borne by the wind shall be kept to a minimum by appropriate landscaping, paving, or other acceptable means.
(l) There will be no emission of odors or odor-causing substances which can be detected without the use of instruments at or beyond the lot lines.
(m) There will be no vibrations which can be detected without the use of instruments at or beyond the lot lines.
(n) Outside incinerators shall be a minimum distance of fifty feet from all residential lot lines. The incinerator, and all trash to be burned therein, shall be enclosed within a six foot in height solid enclosure.
Failure to comply with any of the Required Conditions by property owners or users will be considered a zoning violation appropriate for prosecution under the terms of the Zoning Ordinance.
(Ord. 74-8. Passed 10-3-74.)
1149.01 INTENT.
The "B-3" District as herein established is intended to provide sites for more diversified business types which would often be incompatible with the pedestrian movement in the Local and Community Business Districts. Open-air business uses, when allowed, shall be regulated by the provisions of this District.
(Ord. 74-8. Passed 10-3-74.)
1149.02 PRINCIPAL PERMITTED USES.
(a) Air-conditioning, heating, plumbing, and refrigerator shops.
(b) Automobile laundries (or washes) when completely enclosed in a building.
(c) Agricultural implement sales and service.
(d) Auction houses when completely enclosed building with onsite parking.
(e) Bus passenger stations.
(f) Garden stores, garden centers, greenhouses, and nurseries.
(g) Hay, grain, and feed stores.
(h) New and used car salesrooms, showrooms, or offices.
(i) Eating places.
(j) Other uses similar to the above uses.
(Ord. 74-8. Passed 10-3-74.)
1149.03 CONDITIONAL USES.
The following uses shall be permitted, subject to the conditions hereinafter imposed for each use and subject further to review and approval in accordance with Section 1183.06.
(a) Business in the character of a drive-in or open front store (including service stations and drive-in eating places) subject to the following conditions:
(1) Access points shall be located at least sixty feet from the intersection of any two streets.
(2) A setback of at least fifty feet from the right-of-way line of any existing or proposed street must be maintained.
(b) Hotels, motels, subject to the following conditions:
(1) Access shall be provided so as not to conflict with adjacent business uses or adversely affect traffic flow on a major thoroughfare.
(2) Each unit shall contain at least 250 square feet of floor area.
(3) No guest shall establish a legal residence at a motel.
(c) Mortuary establishments, when adequate assembly area is provided off-street for vehicles to be used in a funeral procession, provided further that such assembly area shall be provided in addition to any required off-street parking area. A caretaker's residence may be provided within the main building of the mortuary establishment.
(d) Outdoor sales space for exclusive sale, rent, or lease of new or secondhand automobiles, trucks, motorcycles, boat and marine equipment, mobile homes, utility trailers, all subject to the following:
(1) Access to the outdoor sales area shall be at least sixty feet from the intersection of any two streets.
(2) No major repair or major refinishing shall be done on the lot.
(e) Veterinary hospitals, clinics, kennels, or pounds, provided all activities are conducted within a totally enclosed main building and further that all buildings are set back at least one hundred feet from abutting Residential Districts on the same side of the street.
(f) Outdoor recreation (non-enclosed places of recreation or amusement), except for outdoor theaters. (See Section 1154.02
.)
(g) Automobile and truck engine and body repair and undercoating shops when completely enclosed.
(Ord. 74-8. Passed 10-3-74.)
1149.04 ACCESSORY USES.
(a) Accessory uses, buildings, or other structures customarily incidental to any of the foregoing permitted uses.
(b) Temporary buildings for uses incidental to construction work, which buildings shall be removed upon the completion or abandonment of the construction work.
(Ord. 74-8. Passed 10-3-74.)
1149.05 REQUIRED CONDITIONS.
No zoning certificate shall be issued for a "B-3" use until the applicant shall have certified to the Zoning Inspector that:
(a) Drive-in windows for pick-up/delivery shall be located on and accessible only from the premises and shall be provided with adequate driveway space for waiting vehicles.
(b) All business shall be of retail, service, or recreational character.
(c) No manufacturing, processing, packaging, repair, or treatment of goods shall be carried on, except when incidental or accessory to the performance of services or the sale of goods to the public on the premises.
(d) Exterior lighting shall be shaded wherever necessary to avoid casting direct light upon any property located in a Residential District or upon any public street.
(e) All premises shall be furnished with all-weather hard surface walks of a material such as bituminous or portland cement concrete, wood, tile, terrazzo, or similar material, and, except for parking areas, the grounds shall be planted and landscaped.
(f) Where the property lines separate a Business District from a Residential District, a visual and mechanical barrier, a minimum of six feet in height, shall be provided along the common lot line, which may consist of any of the following:
(1) An evergreen hedge used with a chain line fence not less than three feet in height.
(2) A fence of a nondeteriorating material.
(3) Masonry wall.
(g) Objectionable noise as determined by the Zoning Inspector which is due to volume, frequency, beat, either continuous or intermittent, shall be muffled or otherwise controlled.
(h) No emission of toxic or noxious matter that which is injurious to human health, comfort, or enjoyment of life and property or to animal or plant life, shall be permitted. Where such emissions could be produced as a result of accident or equipment malfunction, adequate safeguards considered suitable for safe operation in the business involved shall be taken.
(i) The emission of smoke or other air pollutants shall not violate the standards and regulations of the Clark County Health Department. Dust and other types of air pollution borne by the wind shall be kept to a minimum by appropriate landscaping, paving, or other acceptable means.
(j) There will be no emission of odor or odor-causing substances which can be detected without the use of instruments at or beyond the lot lines.
(k) There will be no vibrations which can be detected without the use of instruments at or beyond the lot lines.
(l) Outside incinerators shall be a minimum distance of fifty feet from all residential lot lines. The incinerator, and all trash to be burned therein, shall be enclosed within a six foot in height solid enclosure.
Failure to comply with any of the Required Conditions by property owners or users will be considered a zoning violation appropriate for prosecution under the terms of the Zoning Ordinance.
(Ord. 74-8. Passed 10-3-74.)
1150.01 INTENT.
The Expressway Service District as herein established is intended to provide for servicing the needs of automobile highway traffic at the interchange areas on feeder roads. The avoidance of undue congestion along feeder roads, the promotion of smooth traffic flow at the interchange area and on the expressway, and the protection of adjacent properties in adjacent districts from adverse influence of traffic are prime considerations in the application of this district.
(Ord. 74-8. Passed 10-3-74.)
1150.02 PRINCIPAL PERMITTED USES.
(a) Automobile service stations, parking garages, and bus passenger stations.
(b) Retail establishments to service the needs of the highway traveler including such facilities as: drugstores, gift shops, restaurants, but not including drive-in restaurants.
(c) Motels, hotels, and transient lodging facilities.
(d) Other uses similar to the above.
(Ord. 74-8. Passed 10-3-74.)
1150.03 REQUIRED CONDITIONS.
(a) Barriers. All development shall be physically separated from the feeder road by a curb and planting strip or other suitable barrier. Such barrier shall effectively eliminate unchanneled vehicle ingress and egress except for authorized accessways.
(b) Accessways. Each separate use, grouping of buildings, or grouping of uses as part of a single development shall not have more than two accessways from a feeder road. Such accessways shall not be located closer than 300 feet to the point of intersection of an entrance or exit ramp and the feeder road.
1151.01 INTENT.
The "I-1" Industrial District as herein established is intended primarily to accommodate wholesale activities, warehouses, and industrial operations whose external, physical effects are restricted to the area of the district and in no manner affects in a detrimental way any of the surrounding districts. Wherever possible, the formation of Industrial Parks shall be encouraged.
(Ord. 74-8. Passed 10-3-74.)
1151.02 PRINCIPAL PERMITTED USES.
(a) The manufacturing, compounding, assembling, or treatment (or any combination of such processes) of articles or products from the following substances: bone, canvas, cellophane, clay, cloth, cork, elastomers, feathers, felt, fiber, fur, glass, hair, horn, leather, paper, plastics, rubber, precious or semi-precious stone or metal, sheet metal, shell, textiles, tobacco, wax, wire, and wood, but not including as a principal operation, the manufacturing of such substances.
(b) Any industrial activity, such as those enumerated below as examples, which fulfills all the requirements of the other sections of the Article and is not listed initially as a permitted use in Chapter 1152.
(1) The manufacturing or assembling of the following:
A. Medical, dental, optical, and similar precision instruments.
B. Musical instruments.
C. Novelties, toys, rubber products.
D. Orthopedic or medical appliances.
E. Watches, clocks, including clock operated devices.
(2) Machine shops and tool and die shops.
(3) Manufacturing, assembling, or repairing of electrical and electronic products, components, and equipment.
(4) Compounding, processing, and packaging of meat, dairy, and food products, candy, exclusive of slaughtering.
(5) Compounding, processing, and packaging of chemical products, but not including any materials which decompose by detonation.
(6) Awning company.
(7) Bakeries, wholesale.
(8) Beverage distributors, manufacturing, bottling plants.
(9) Carpet and rug cleaning plants.
(10) Electric supply company.
(11) Fence company.
(12) Glass distributors.
(13) Labor union meeting halls.
(14) Laboratories - experimental, film, or testing.
(15) Laundries, dry cleaning plants, and linen supply.
(16) Mail order houses.
(17) Offices.
(18) Printing, publishing, binding, and typesetting plants.
(19) Public utilities: including buildings, necessary structures, storage yards, and other related uses.
(20) Research and engineering laboratories.
(21) Sign painting and manufacturing.
(22) Trade or industrial schools.
(23) Wholesale houses and storage facilities.
(24) Warehouses which may have a maximum lot coverage of seventy-five percent (75%).
(25) Automobile and truck engine and body repair and undercoating shops when completely enclosed.
(Ord. 74-8. Passed 10-3-74.)
1151.03 CONDITIONAL USES.
The following conditional uses subject to approval in accordance with Section 1183.07.
(a) Truck and motor freight terminals and hauling services.
(b) Retail uses which have an industrial character in terms of either their outdoor storage requirements or activities (such as, but not limited to: lumber yards, building materials outlets, garage sales, upholsterer; cabinet maker, outdoor boat or house trailer, automobile, or agriculture implement sales) or serve the convenience needs of the district (such as, but not limited to: eating and drinking establishments, banks, savings and loan associations, credit unions, automobile service stations, motels or bowling alleys; or industrial clinics).
(Ord. 74-8. Passed 10-3-74.)
1151.04 ACCESSORY USES.
(a) Accessory uses, buildings, or other structures customarily incidental to any aforesaid uses.
(b) Temporary buildings for uses incidental to construction work, which buildings shall be removed upon the completion or abandonment of the construction work.
(Ord. 74-8. Passed 10-3-74.)
1151.05 REQUIRED CONDITIONS.
No zoning certificate shall be issued for a "I-1" use until the applicant shall have certified to the Zoning Inspector that:
(a) The industrial activity will be conducted wholly within a completely enclosed building, except for automobile service stations, drive-in restaurants, equipment rental services, including automobiles, trucks, and trailers; truck and motor freight terminals and hauling services.
(b) Objectionable noise, as determined by the Zoning Inspector, which is due to volume, frequency, beat, either continuous or intermittent, shall be muffled or otherwise controlled.
(c) No emission of toxic or noxious matter which is injurious to human health, comfort or enjoyment of life and property or to animal or plant life shall be permitted. Where such emissions could be produced as a result of accident or equipment malfunction, adequate safeguards considered suitable for safe operation in the industry involved shall be taken.
(d) The emission of smoke or other air pollutants shall not violate the standards and regulations of the Clark County Health Department. Dust and other types of air pollution borne by the wind shall be kept to a minimum by appropriate landscaping, paving, oiling, or other acceptable means.
(e) There will be no emission of odors or odor-causing substances which can be detected without the use of instruments at or beyond the lot lines.
(f) There will be no vibrations which can be detected without the use of instruments at or beyond the lot lines.
(g) Where the property lines separate an Industrial District from a Residential District, a visual and mechanical barrier, a minimum of six feet in height, shall be provided along the common lot line, which may consist of any of the following:
(1) An evergreen hedge used with a chain link fence not less than three feet in height.
(2) A fence of a nondeteriorating material.
(3) Masonry wall.
(h) Exterior lighting shall be shaded wherever necessary to avoid casting direct light upon property located in any Residential District or upon any public street.
(i) No building or structure shall be used for residential purposes except that a watchman or custodian may reside on the premises.
(j) No raw materials shall be processed into any of the following basic products: metals of any kind, glass, plastic, textiles, leather, or paper.
(k) All premises shall be furnished with all-weather hard surface walks of a material such as bituminous or portland cement concrete, wood, tile, terrazzo, or similar material, and except for parking areas, the grounds shall be planted and landscaped.
(l) The storage, utilization, and manufacture of solid, liquid, and gaseous chemicals and other materials shall be permitted subject to the following conditions:
(1) The storage, utilization, or manufacture of solid materials or products ranging from free or active burning to intense burning is permitted; but only if such materials or products are stored, utilized, or manufactured within completely enclosed buildings having incombustible exterior walls and protected throughout by an automatic fire extinguishing system.
(2) All activities involving the use and/or storage and/or disposal of flammable liquids or materials which produce flammable or explosive vapors or gases shall be provided not only with adequate safety and protective devices against hazards of fire and explosion but also with adequate fire fighting and suppression equipment and devices standard to the industry involved. All above ground storage shall be in enclosed fireproof vaults.
(3) The storage, utilization, or manufacture of pyrophoric and explosive powders and dusts, and of materials and products which decompose by detonation is prohibited.
(4) The manufacture of flammable liquids or materials which produce flammable or explosive vapors or gases is prohibited.
(5) The storage and utilization of flammable liquids or of materials that produce flammable or explosive vapors or gases shall be permitted on any lot in accordance with the following table:
Total Permitted Quantities of Flammable Materials in Gallons | ||
Closed Cup Flash- Point in Degrees F. | Above Ground | Below Ground |
Class I below 100 degrees F. | I Not Permitted | 20,000 |
Class II above 100 degrees F. and below 140 degrees F. | II 1,000 | 40,000 |
Class III above 140 degrees F. | III 5,000 | 80,000 |
(m) The handling of radioactive materials, the discharge of such materials into air and water, and the disposal of radioactive wastes shall be in strict conformance with:
(1) The applicable regulations of the Atomic Energy Commission.
(2) The applicable regulations of any instrumentality of the State of Ohio.
Failure to comply with any of the Required Conditions by property owners or users will be considered a zoning violation appropriate for prosecution under the terms of the Zoning Ordinance.
(Ord. 74-8. Passed 10-3-74.)
1152.01 INTENT.
This district has been established to accommodate a broad range of industrial activities diverse in products, operational techniques, and size and which have a greater impact upon their environment than those permitted in "I-1".
(Ord. 74-8. Passed 10-3-74.)
1152.02 PRINCIPAL PERMITTED USES.
(b) The manufacturing, compounding, assembling, or treatment (or any combination of such processes) of articles or products from the following previously prepared materials:
(1) Light metal products, excluding structural steel and foundry products.
(2) Pharmaceutical products, including cosmetics, toiletries, and the compounding of perfumes, but excluding the manufacture of soap from raw materials.
(c) Any industrial activity, such as those enumerated below as examples, which fulfills all the requirements of the other sections of this chapter.
(1) Bus garages, repair, and storage.
(2) Cement block and formed products manufacturing.
(3) Building material sales and storage facilities.
(4) Cold storage plants.
(5) Concrete mixing plants.
(6) Contractor sales, storage, and equipment yards.
(7) Motor vehicle repair and storage facilities.
(8) Sawing and plaining mills.
(9) Trucking and motor freight terminals.
(10) Water treatment plants and reservoirs.
(Ord. 74-8. Passed 10-3-74.)
1152.03 CONDITIONAL USES.
The following conditional uses subject to approval in accordance with Section 1183.06.
(a) Bulk storage of corrosive acids and acid derivatives and bulk storage stations for liquid fuels, petroleum products, petroleum, and volatile oils, in accordance with Section 1152.06.
(b) Incinerators.
(c) Sewage treatment plants. See Section 1154.07.
(d) Stone products processing and manufacturing.
(e) Cement, lime, or lime products manufacturing.
(Ord. 74-8. Passed 10-3-74.)
1152.04 ACCESSORY USES.
(a) Accessory uses, buildings, or other structures customarily incidental to any aforesaid uses.
(b) Temporary buildings for uses incidental to construction work, which buildings shall be removed upon the completion or abandonment of the construction work.
(Ord. 74-8. Passed 10-3-74.)
1152.05 REQUIRED CONDITIONS.
No zoning certificate shall be issued for a "I-2" use until the applicant shall have certified to the Zoning Inspector that:
(a) Where the property lines separate an industrial district from a residential district, a visual and mechanical barrier, a minimum of six feet in height, shall be provided along the common lot line, which may consist of any of the following:
(1) An evergreen hedge used with a chain link fence not less than three feet in height.
(2) A fence of a nondeteriorating material.
(3) Masonry wall.
(b) Objectionable noise as determined by the Zoning Inspector which is due to volume, frequency, beat, either continuous or intermittent, shall be muffled or otherwise controlled.
(c) No emission of toxic or noxious matter which is injurious to human health, comfort or enjoyment of life and property or to animals or plant life shall be permitted. Where such emissions could be produced as a result of accident or equipment malfunction, adequate safeguards considered suitable for safe operation in the industry involved shall be taken.
(d) The emission of smoke or other air pollutants shall not violate the standards and regulations of the Clark County Health Department. Dust and other types of air pollution borne by the wind shall be kept to a minimum by appropriate landscaping, paving, oiling, or other acceptable means.
(e) There will be no emission of odors or odor causing substances which can be detected without the use of instruments at or beyond the lot line.
(f) There will be no vibration which can be detected without the use of instruments at or beyond the lot lines.
(g) Any operation that produces intense glare or heat shall be performed within a completely enclosed building or structure, and exposed sources of light shall be screened so as not to be detectable at the lot line.
(h) Exterior lighting shall be shaded wherever necessary to avoid casting direct light upon property located in any Residential District or upon any public street.
(i) No building or structure shall be used for residential purposes except that a watchman or custodian may reside on the premises.
(j) All premises shall be furnished with all-weather hard surface walks of a material such as bituminous or portland cement concrete, wood, tile, terrazzo, or similar material and, except for parking areas, the grounds shall be planted and landscaped.
(k) The storage, utilization, and manufacture of solid, liquid and gaseous chemicals and other materials shall be permitted subject to the following conditions:
(1) The storage, utilization, or manufacture of solid materials or products ranging from free or active burning or intense burning is permitted, but only if such materials or products are stored, utilized, or manufactured within completely enclosed buildings having incombustible exterior walls and protected throughout by an automatic fire extinguishing system.
(2) All activities involving the use and/or storage and/or disposal of flammable liquids or materials which produce flammable or explosive vapors or games shall be provided not only with adequate safety and protective devices against hazard of fire and explosion but also with adequate fire fighting and suppression equipment and devices standard to the industry involved. All above ground storage shall be in enclosed fireproof vaults.
(3) The storage, utilization, or manufacture of pyrophoric and explosive powders and dusts, and of materials and products which decompose by detonation is prohibited.
(4) The manufacture of flammable liquids or materials which produce flammable or explosive vapors or gases is prohibited.
(5) The storage and utilization of flammable liquids or of materials that produce flammable or explosive vapors or gases shall be permitted on any lot in accordance with the following table:
Total Permitted Quantities of Flammable Materials in Gallons | ||
Closed Cup Flash- Point in Degrees F. | Above Ground | Below Ground |
Class I below 100 degrees F. | I Not Permitted | 60,000 |
Class II above 100 degrees F. and below 140 degrees F. | II 3,000 | 120,000 |
Class III above 140 degrees F. | III 15,000 | 240,000 |
(l) The handling of radioactive materials, the discharge of such materials into air and water, and the disposal of radioactive wastes shall be in strict conformance with:
(1) The applicable regulations of the Atomic Energy Commission.
(2) The applicable regulations of any instrumentality of the State of Ohio.
Failure to comply with any of the Required Conditions by property owners or users will be considered a zoning violation appropriate for prosecution under the terms of the Zoning Ordinance.
(Ord. 74-8. Passed 10-3-74.)
1154.01 INTENT.
Because the uses hereinafter referred to possess unique characteristics making it impractical to include them in a specific use district classification, they may be permitted by the Board of Zoning Appeals as conditional uses as follows:
(Ord. 74-8. Passed 10-3-74.)
1154.02 OUTDOOR THEATERS.
Because outdoor theaters possess the unique characteristics of being used only after darkness and since they develop a concentration of vehicular traffic in terms of ingress and egress from their parking area, they shall be permitted in "I-1" Districts only. Outdoor theaters shall further be subject to the following conditions:
(a) The proposed internal design shall receive approval from the Zoning Inspector as to the adequacy of drainage, lighting, and other technical aspects.
(b) Outdoor theaters shall abut a major thoroughfare, and points of ingress and egress shall be available only from such major thoroughfare.
(c) All vehicles waiting or standing to enter the facility shall be provided off-street waiting space. No vehicles shall be permitted to wait or stand within a dedicated right-of-way.
(d) The area shall be laid out as to prevent the movie screen from being viewed from residential areas or adjacent major thoroughfares. All lighting used to illuminate the area shall be so installed as to be confined within and directed onto the premises of the outdoor theater site.
(Ord. 74-8. Passed 10-3-74.)
1154.03 TELEVISION AND RADIO TOWERS.
Radio and television towers, public utility microwaves, public utility television transmitting towers, and their attendant facilities shall be permitted in "I-1" and "A" Districts provided such use shall be located centrally on a continuous parcel of not less than one and one-half times the height of the tower measured from the base of such tower to all points of each property line.
(Ord. 74-8. Passed 10-3-74.)
1154.04 AIRPORTS AND RELATED USES.
Airports, landing fields, platforms, hangers, masts, and other facilities for the operation of aircraft may be permitted in "A" and "R-1" Districts and shall be subject to the following conditions:
(a) The plans for such facility shall have received approval by the Federal Aviation Agency and the Ohio Department of Commerce, Division of Aviation, prior to submittal to the Board for their review and approval.
(Ord. 74-8. Passed 10-3-74.)
1154.05 OIL AND GAS WELLS.
In the "A," "I-1," and "I-2" Districts a well may be drilled for the exploration for, or production of, natural oil or gas.
(a) An application or a drilling permit shall be filed with the Zoning Inspector setting forth:
The location of the proposed well on a map (1"=200') drawn by a registered engineer or land surveyor that further shows:
(1) The location of all property lines bordering the proposed well site.
(2) The location and use of each structure within 300 feet of the proposed well site.
(3) The location of all underground public and private utility or drainage lines or facilities within 100 feet of the proposed well site.
(4) The location of all public easements and right-of-way within 300 feet of the proposed well site.
(b) Required conditions:
(1) No well shall be located within 200 feet of any lot in any "R" District.
(2) No well shall be located within 50 feet of any property line except as allowed under the provisions of voluntary pooling as set forth by the regulations of the Department of Industrial Relations, Division of Mines.
(3) No well shall be located within 300 feet of any school, church, hospital, or other structure used for public assembly.
(4) Other fire, health, and safety standards shall be reviewed and a determination made that, as set forth in the drilling permit or as conditions to its approval, adequate precautions have been provided. Such conditions may control the hours of operation of such drilling operations, the mode of transportation used at the well site, the location and type of waste disposal pits or tanks, the location and type of disposal of waste gases, the location and housing of proposed internal combustion or towers, the location and size of electric lights, the protection of the site from the public view, and any other reasonable standards related to the protection of the public health, safety, and welfare.
(c) If during the drilling operation the conditions set forth in the drilling permit application or the conditions set forth by the Board prior to its approval are violated, the Zoning Inspector shall report such actions to the Board, which, if it concurs, may cancel the permit. If such permit is cancelled and any drilling operations are continued thereafter, the same shall be a violation of the Zoning Ordinance and subject to the penalties as provided herein under Section 1181.99
.
(d) The Board may determine the amount of time for which a permit is valid, but in no case shall a permit exceed twenty-four months. Before a permit becomes invalid, the applicant shall submit either:
(1) A well closing report stating the manner in which the well has been abandoned and sealed, which must be accepted by the Board and Council and which shall demonstrate that the site has been restored to its previous condition insofar as such is desirable and possible and the well sealed so as to be impervious through the level of the water table, or;
(2) A well production plan enlarging upon and supplementing the drilling permit application in regard to the proposed location and character of pumps and pump housings; the proposed location of storage tanks, their size and type; the proposed landscaping, fencing, and screening of the well site; and the proposed location, size and pressure of underground pipes or lines, all of which shall be subject to approval by the Board on the basis of being compatible with the vicinity.
(Ord. 74-8. Passed 10-3-74.)
1154.06 REFUSE (SOLID WASTE) DISPOSAL SITES.
Refuse disposal sites should be located in accordance with a County-wide disposal plan on population and land use forecasting. Preferably, a single, centrally-located, County Incinerator should be constructed and all other dumps and sanitary landfill operations discontinued. This method is working in several nearby counties. However, until such an incinerator is approved, additional sanitary and landfill operations may be allowed in "A" and "I-2" Districts.
(a) Application, Review, and Permit Renewal Procedure. Applications for a sanitary landfill permit shall be filed with the Zoning Inspector by the owners and lease holders, if any, of the proposed site. Two copies shall be submitted and shall be accompanied by a fee as established by ordinance of Council. A permit for the landfill shall be issued for a one year period by the Board of Zoning Appeals. Unless the owner of the petition ignores and/or violates the conditions of the permit, it will be renewed automatically for one year periods. Applications for sanitary landfill permits shall include the following:
The location of the proposed landfill, on a map (1"=100') drawn by a registered engineer or land surveyor that shows the following:
(1) The location of all property lines bordering the proposed landfill site.
(2) The location and use of each structure within 300 feet of the proposed landfill site.
(3) The location of all underground public and private utility or drainage lines or facilities within 100 feet of the proposed landfill site.
(4) The location of all public easements and right-of-ways within 300 feet of the proposed landfill site.
(5) The location, size, and population served by other sanitary landfill sites in and adjacent to the Village of Enon. A standard of approximately four acres of sanitary landfill per 10,000 population served shall be used.
(6) Soil borings (1 per acre) of the proposed landfill site.
(7) Method of rehabilitation and reclamation of the landfill site, including a grading plan showing existing contours of the site and the proposed future contours showing the topography of the area after completion. Such plan shall include the surrounding area within 500 feet of the landfill property line, drawn with contour lines at intervals of five feet or less.
(b) Required Conditions.
(1) No landfill shall be located within 200 feet of any "R" Residential District.
(3) Other fire, safety, and health standards shall be reviewed and a determination made that, as set forth in the landfill permit or as a condition to its approval, adequate precautions have been provided. Such conditions may control the hours of operation, the location and intensity of electric lights, the location of structures on the site, the protection of the site from the public view, and any other reasonable standards related to the protection of the public health, safety or general welfare.
(4) All equipment and machinery shall be operated and maintained in such manner as to minimize dust, noise, and vibration. Access roads shall be maintained in a dust-free condition by surfacing or other treatment as may be specified by the Board.
(Ord. 74-8. Passed 10-3-74.)
1154.07 SEWAGE TREATMENT PLANTS.
Sewage treatment plants may be allowed in "I-2" Districts provided they comply with the following:
(a) Located at least 500 feet from any "R" District.
(b) Approval by County and State Health Departments.
(Ord. 74-8. Passed 10-3-74.)
1154.08 CHILD DAY-CARE CENTERS.
Child day-care centers shall be conditionally permitted in any District subject to the following conditions:
(a) The owner, firm, organization, corporation, or agency operating a child day-care shall obtain a zoning permit prior to beginning operations and provide a valid State child day-care license issued pursuant to the Ohio R.C.
(b) A drop-off area shall be provided at the main entrance to the facility.
(c) There shall be provided a minimum outdoor play area of 100 square feet per child enrolled in the facility.
(d) All outdoor play areas shall be enclosed by a six foot fence which shall be maintained in good condition and constructed so as to preclude penetration by any person.
(e) In an R-District, operating hours shall be limited to 6:00 a.m. to 9:00 p.m.
(Ord. 93-12. Passed 12-14-93.)
1154.09 MORTUARY ESTABLISHMENTS.
Mortuary establishments shall be permitted in an "I-1" District and conditionally permitted in a "B-3" District subject to the following conditions:
(a) Immediate access to a major thoroughfare shall be required.
(b) All hearses, limousines, and other related business vehicles shall be stored within an enclosed building when not in use.
(c) Adequate assembly area shall be provided off-street for vehicles used in a funeral procession in addition to a required off-street parking area.
(d) A caretaker's residence may be provided within the main building of the mortuary establishment.
(Ord. 93-12. Passed 12-14-93.)
1154.10 ADULT ENTERTAINMENT ESTABLISHMENTS.
Adult entertainment establishments shall be conditionally permitted in a "B-3" or "I-1" District subject to the following conditions:
(a) No adult entertainment establishment shall be permitted within 1000 feet of any "R" District, church or place of worship, library, public or private school, day-care center, park, playground, or any other adult entertainment establishment.
(b) No advertisements, displays, or other promotional materials shall be shown or exhibited so as to be visible to the public from pedestrian sidewalks or walkways or from other areas public or semi-public.
(c) All building openings, entries, windows, etc., shall be located, covered, or serviced in such a manner as to prevent a view into the interior from any public or semi-public area, sidewalk, or street.
(d) No screens, loudspeakers, or sound equipment shall be used that can be seen or discerned by the public from public or semi-public areas.
(e) No person having custody, control, or supervision of any adult entertainment business shall hire, employee, or otherwise place, supervise, control, or allow into any adult entertainment establishment any juvenile.
(g) The proposed use will not be contrary to the public interest or injurious to nearby properties.
(Ord. 93-12. Passed 12-14-93.)
1154.11 MANUFACTURED HOUSING IN DISTRICTS OTHER THAN MOBILE HOME RESIDENTIAL DISTRICT.
Manufactured housing shall be conditionally permitted in any "R" or "B" Districts subject to the following conditions:
(a) The structure shall be installed upon and properly attached to a foundation.
(b) All hitches, axles, wheels, and conveyance mechanisms shall be removed from the structure.
(c) The sitting of the structure shall comply with all other requirements in effect for the district for which it is proposed.
(d) Single-wide manufactured units are not permitted.
(e) The proposed use will not be contrary to the public interest or injurious to nearby properties.
(Ord. 93-12. Passed 12-14-93.)
1154.12 SATELLITE DISH ANTENNAS.
Satellite dish antennas in excess of 1 meter (39.37 inches in diameter) shall be conditionally permitted in "R-2," "R-6," "B-1," "B-2," and "B-3" Districts subject to the following conditions:
(a) No more than one antenna shall be located on each lot.
(b) Satellite dish antennas in residential districts shall comply with the setback requirements for accessory structures in such district.
(c) The satellite dish antenna shall not be installed in the area between the lot's front property line and the primary structure located thereon.
(d) The structure shall be designed to withstand wind force of up to eighty-five miles per hour in a manner conforming with good engineering practices.
(e) The height of satellite dish antennas shall comply with the maximum height limitation of accessory structures in such district.
(Ord. 93-12. Passed 12-14-93.)
1154.13 HOME OCCUPATION.
(a) Home Occupations shall be permitted subject to the following conditions:
(1) Only one person other than members of the family residing on the premises shall be engaged in such occupation.
(2) There shall be no change in the outside appearance of the building or premises or other visible evidence of the conduct of such home occupation other than for one nameplate sign, not exceeding six square feet in area and non-illuminated.
(3) No home occupation shall be conducted in any accessory building.
(4) No outdoor storage shall be permitted.
(5) No traffic shall be generated by such home occupation in greater volume than would normally be expected in a residential neighborhood.
(6) No equipment or process shall be used in such home occupation which creates noise, fumes, vibrations, glares, odors, or electrical interference detectable to the normal senses at or beyond the lot line.
(b) Permitted use may include but is not limited to the following: real estate, insurance, lawyers, engineers, architects, ministers and other clergymen, doctors or dentists offices, barber shops or beauty parlors with two chair operations. In no event shall a home occupation be interpreted to include an animal hospital, medical clinic, truck, boat, motorcycle or automobile repair shop, or mortuary.
1155.01 INTENT.
Planned Development Districts are hereby established and may be permitted as amendments to the Zoning Map but in both cases require application and approval of specific and detailed plans, where tracts suitable in location and character for the uses and structures proposed are to be planned and developed as units. Regulations set forth herein are adapted to unified planning and development in such districts. Applications for Planned Development (either by a rezoning amendment or when such tract is within a Planned Development District) will be granted only when the Development Plan for the project is such that the public health, safety, and morals will not be jeopardized by a departure from the restrictions on corresponding uses in the standard zoning district.
(Ord. 74-8. Passed 10-3-74.)
1155.02 APPLICATION.
The provisions of this Chapter may apply to any land within the Village of Enon that are regulated by Enon Planning and Zoning Code, which is to be developed in a more flexible manner than permitted by the provisions of Chapter 1131 through 1154 of these Regulations. All requirements of the Enon Subdivision Regulations shall be complied with.
1155.03 TYPES OF PLANNED DEVELOPMENT.
"PD-R" Planned Development - Residential District
"PD-O" Planned Development - Office District
"PD-B" Planned Development - Business District
"PD-I" Planned Development - Industrial District.
"PD-M" Planned Development – Mixed Use District
"PD-C" Planned Development – Conservation District
(Ord. 74-8. Passed 10-3-74.)
1155.04 STANDARDS FOR PLANNED DEVELOPMENT.
Council shall not approve an application for Planned Development unless it shall, in each specific case, make specific findings of fact directly based upon the particular evidence presented to it, which support conclusions that:
(a) The Planned Development can be substantially completed within the period of time specified in the schedule of development submitted by the developer. The Planned Development will not jeopardize the public health, safety, and morals.
(b) The site will be accessible from public roads that are adequate to carry the traffic that will be imposed upon them by the proposed Development and the streets and driveways on the site of the proposed Development will be adequate to serve the residents or occupants of the proposed Development. Traffic control signals will be provided without expense when the Village Administrator/County Engineer determines that such signals are required to prevent traffic hazards or congestion in adjacent streets. If warranted or recommended by the Administrator/County Engineer, the developer will be required to submit a traffic study to determine whether offsite improvements or devices are needed to maintain a suitable level of service on the adjacent public roadways.
(c) The Development will not impose an undue burden on public services and facilities, such as fire and police protection.
(d) The Development Plan contains such proposed covenants, easements, and other provisions relating to the proposed development standards as reasonably are required for the public health safety and morals.
(e) Utilities and public facilities for the proposed development shall be installed at the expense of the developer.
(f) The location and arrangement of structures, parking areas, walks, lighting, and appurtenant facilities shall be compatible with the surrounding land uses, and any part of the planned development not used for structures, parking, and loading areas, or access ways shall be landscaped, improved, or otherwise used appropriately in concert with the overall development.
(g) When business or manufacturing structures or uses in a Planned Development District abut a Residential District, screening shall be provided as provided in Chapters 1156 to 1159. In no event shall a business or manufacturing structure in a Planned Development District be located nearer than 100 feet to a residential building.
(Ord. 74-8. Passed 10-3-74.)
1155.05 PROCEDURE.
The following procedure shall be followed in each application for Planned Development.
(a) Submission of Application.
(1) The owner(s) or lessee(s) or agent that has power of attorney of a tract of land may request that the Zoning District Map be amended or that a tract within a previously established Planned Development District be approved for one of the Planned Development Districts. Each request shall follow the procedure outlined in Chapter 1185.
(2) The applicant is encouraged to engage in informal consultations with the staff of the Planning Commission prior to preparing his preliminary plans, it being understood that no statement or representation by a member of the staff shall be binding upon the Planning Commission or upon any zoning body.
(3) An application for a Planned Development may be processed, noticed, and heard by the Zoning Commission concurrently with an application for a proposed subdivision or re-subdivision of the same property pursuant to the subdivision regulations of the Village.
(b) Submission of Development Plan. Ten copies of a Development Plan shall be submitted with the application for preliminary approval and shall include in text and appropriately scaled map form :
(1) A survey of the tract that is to be developed showing existing features of the property including:
A. Existing and proposed uses.
B. Topographic contours at two (2) foot intervals or less on the PD property and within two hundred (200) feet of the proposed development.
C. Location of floodplain and wetlands, streams and ponds on the PD property and adjacent thereto.
D. Location of existing and proposed streets, including points of connection.
E. Location of existing and proposed utilities, including points of connection.
F. Location and type of drainage and storm water management facilities.
G. Legal description of the tract of land for the planned development.
(2) A site plan showing the location and arrangement of all existing and proposed structures, the proposed traffic circulation pattern within the Development, the areas to be developed for parking, the points of ingress and egress, including access streets where required, the relationship of abutting land uses and zoning districts, proposed lots and blocks, if any, including parks, playgrounds, school sites, and recreational facilities.
(3) A statement of the residential density when applicable, the proposed total gross floor area, and the percentage of the development which is to be occupied by structures.(see 1161.02 (b) (1))
(4) Preliminary sketches of the proposed structures and landscaping.
(5) A proposed timetable for development including general description and diagram of phases of development shall be submitted. No such stage or unit shall have a density that exceeds by more than twenty percent (20%) the proposed density of the entire Planned Development. When a Planned Development provides for common open spaces, the total area of common open space provided at any stage of development shall, at a minimum, bear the same relationship to the total open space to be provided in the entire Planned Development as the stages or units completed or under development bear to the entire Planned Development.
(6) Evidence that the applicant has sufficient control over the tract to effect the proposed plan, including a statement of all the ownership and beneficial interests in the tract of land and the proposed Development.
(7) In the case of an Office, Business, or Industrial Planned Development, a statement identifying the principal types of office, business, and/or industrial uses that are to be included in the proposed Development.
(8) When a Planned Development includes provisions for a common open space or recreational facilities, a statement describing location and area (size) and the provision that is to be made for the care and maintenance of such open space or recreational facilities. If it is proposed that such open space be owned and/or maintained by any entity other than a governmental authority, copies of the proposed articles of incorporation and bylaws of such entity shall be submitted.
(9) Copies of any restrictive covenants that are to be recorded with respect to property included in the Planned Development District.
(c) Action by Planning Commission.
(1) The Planning Commission shall hold a public hearing on the Development Plan as provided by Chapter 1185.
(2) Such public hearing shall consider all aspects of the Development Plan including all proposed stages and/or units of development. Within 30 business days after the last public hearing on such plan, the Commission shall prepare and transmit to the applicant specific findings of fact with respect to the extent to which the Development Plan complies with the standards set out in this section and the District for which the change has been requested, together with its recommendations to Council with respect to the action to be taken on the Development Plan. The Commission may recommend disapproval, approval, or approval with amendments, conditions, or restrictions. Copies of the findings and recommendations of the Commission shall be made available to any other interested persons.
(d) Final Development Plan. Prior to the Council public hearing, the applicant shall submit a reproducible final development plan showing the information on the development plan and any additional information which the Planning Commission requires to be shown to describe properly the Planned Development which was approved and agreed to by the applicant. This plan shall be made part of the ordinance when the Planned Development is approved by Council.
(e) Action by Council.
(2) If the application is granted, the area of land involved, if not within a Planned Development District, shall be redesignated as a "PD-R," "PD-O," "PD-B," "PD-I," "PD-M," or "PD-C" District by ordinance and such ordinance shall incorporate the plan, including any condition or restriction that may be imposed by Council.
(3) In the event an agreement on a Planned Development within an established Planned Development District cannot be reached, the following district regulations shall apply:
Planned Development District | Appropriate District Regulations |
"PD-R" | "R-1" |
"PD-O" | “O” |
“PD-B” | “B-1" |
“PD-I” | “I-1" |
“PD-M” | |
“PD-C” |
(f) Recording of Final Plan. After approval of the PD Final Plan noted in "e" above, said approved Final Plan shall be recorded in the office of the County Recorder.
(g) Building and Zoning Permits. After the PD Final Plan has been recorded as noted in "f" above, the final plan, or parts of the final plan, as finally approved, shall be filed with Building and Zoning Officials. Building and zoning permits may be issued only for structures conforming to the PD plan.
(h) Changes in an Approved Final PD Plan. Major changes in an approved final PD plan shall be subject to the same procedures for approval as for the original approved plan. A major change is defined below. Any other changes are considered minor changes and may be approved by the Village Administrator/designee.
(1) A major change in the Development Plan is defined as but not limited to the following:
A. An increase in the proposed baseline density greater than 15% of the entire project or any phase/section thereof of greater than 10%.
B. A change in the proposed uses or relocation of uses that change the character of the development .
C. A change in the proposed utilization of public infrastructure of more than 15%.
(i) Denial of Minor Change. Should a minor change be denied based on non-compliance with the PD Preliminary Plan, the applicant may request a review by the Planning Commission for a determination of compliance or non-compliance.
(j) Denial of PD Final Plan. Should a PD Final Plan be denied on non-compliance with the PD Preliminary Plan, the applicant may request a review by the Village Council for a determination of compliance or non-compliance consistent with Section 1185.06
.
(k) Subdivision Plat Required. No building permit shall be issued for any structure in any portion of a Planned Development unless and until the final subdivision plat for that portion has been approved by the Planning Commission and recorded.
(l) Expiration Date for Development Plan Approval.
(1) Single stage development plan. The approval of the Development Plan shall become null and void unless within two years the subdivision plat shall have been recorded in the records of the Clark County Recorder. The Village Council reserves the right to revert the land to its previous zoning classification.
(2) Multi-stage development plans. When the recording of the subdivision plat for the successive stages falls more than two years behind the schedule submitted under subsection (b)(5), the Development Plan shall become null and void as to that portion of the tract for which no subdivision plat shall have been recorded. The Village Council reserves the right to revert the land to its previous zoning classification.
(m) Extension of Time or Modification. An extension of the time limit or the modification of the approved Development Plan may be amended by the joint approval of the Planning Commission and Council. However, minor adjustments in the final plan, resulting from field conditions, detailed engineering data, topography, or design criteria pertaining to drives, curb cuts, retaining walls, swimming pools, tennis courts, fences, parking area locations, or other similar project particulars, may be authorized in writing by the Zoning Inspector.
(Ord. 74-8. Passed 10-3-74.)
1156.01 PRINCIPAL PERMITTED USES.
(a) Intent. The intent of the PD-R district regulations is to:
(1) Provide flexibility in architectural design, placement and clustering of buildings, use of open space, provision of traffic circulation facilities and parking, and related site and design considerations;
(2) Encourage the preservation and best use of existing landscape features through development sensitive to the natural features of the surrounding area;
(3) Promote efficient land use with smaller networks of utilities and streets;
(4) Encourage and preserve opportunities for energy efficient development;
A. Promote an attractive and safe living environment that is compatible with surrounding residential developments; and
B. Provide an alternate method for redeveloping older residential areas and to encourage infill development.
(b) Permitted Uses. Those uses specified as permitted principal uses, permitted accessory uses, and conditional uses in the "R-l," "R-2," "R-3," and/or "R-4" residential zoning districts, developed in a unified manner in accordance with the approved development plan
(c) Applicability. Housing shall be permitted as follows:
(1) For development of land of two (2) acres or more.
(2) For development of land less than two (2) acreswhere such development is more appropriate and more efficient than conventional development because of environmentally sensitive areas, existing natural features or scenic assets, the amount of land available for infill development, or the age of existing development in the vicinity.
(d) General Requirements. All PD-R developments shall meet the following criteria:
(1) Land uses. Any residential uses are permitted. Combinations of land uses may include single-family, multi-family, and group care facilities.
(2) Variations. Variations in the requirements of the underlying district may be permitted. However, setbacks required by the Ohio Basic Building Code, legislated by the State of Ohio, or the Ohio Residential Code For One-, Two-, and Three-Family Dwellings, whichever is applicable, shall be provided.
(3) Dwelling unit density. The dwelling unit density shall be calculated on the buildable acreage (gross acreage less public and/or private street right-of-way, flood plain, etc.) divided by the minimum lot size (square footage) for the allowed "R" Zoning District. Lot sizes can be less than the minimum designated in the "R" District provided the dwelling unit density of the buildable acreage does not exceed the density permitted in the "R" District. Density should be in accordance with Section 1161.02
(b) (1).
(4) Streets. Planned developments shall make provision for the extension of streets, if any.
(5) Storm water management. The planned development shall comply with the requirements for storm water management, including the provision of detention or retention basins. The developer shall submit a legally binding instrument setting forth the procedures to be followed in maintaining the areas and the means for financing maintenance costs. Generally, such costs shall be shared by all owners of property located within the planned development, with unpaid costs becoming a lien against individual properties.
(6) Open space. Except in a conventional subdivision, planned developments are encouraged to provide open space for flood control, agriculture, active or passive recreational purposes, etc., and to enhance the general character of the area. In the event the open space land is to be retained under private ownership, the developer shall submit a legally binding instrument setting forth the procedures to be followed in maintaining the areas and the means for financing maintenance costs as with storm water detention or retention basins in subsection (5) above.
(7) Dedication of land for public or common use. All proposed dedications of land for public or common use, including those to be dedicated for recreational use, shall be approved in writing by appropriate departments of the Village or County before the approval of the plan by the Village Council.
(8) Ownership. At the time of approval of a preliminary plan, the developer must submit evidence of ownership of the property to be developed or show evidence of a legally binding executed option agreement for purchasing all the property.
(9) Schedule of completion. A developer or agent of a planned development shall submit a signed statement generally describing the proposed development and setting forth an intended time schedule for the completion of various phases.
(10) Other requirements. Other conditions may be imposed as deemed necessary to fulfill the purpose and intent of this chapter. Such conditions may include but are not limited to planting screens, fencing, construction commencement and completion dates, lighting, operational controls, improved traffic circulation, highway access restrictions, yards, and parking requirements.
(e) Requirements for Areas less than Two (2) Acres. A PD-R plan for an area containing less than two (2) acres shall in addition to or in lieu of the requirements elsewhere above, meet the following requirements:
(1) The density and design of the PD-R shall be compatible in use, size and type of structure, relative amount of open space, traffic circulation, and general layout with adjoining land uses, and shall be integrated into the neighborhood. (See 1161.02(b)(1))
(2) Multi-family structures located adjacent to existing single-family dwellings shall be sited, landscaped, and screened by natural features and plant materials to harmoniously integrate the planned development with the surrounding neighborhood.
(3) The development shall not overburden existing streets and utilities.
(4) The development Plan as approved by the Developer shall not adversely affect views, light and air, property values as determined by a licensed/certified Professional and privacy of neighboring properties any more than would a conventional development.
1156.02 DEVELOPMENT STANDARDS.
(a) Residential Density. The maximum density shall not exceed eight units per acre.
(b) Site Planning.
(1) The physical character of the site shall be suitable for development in the manner proposed without hazards to persons or property, on or off the site, from probability of flooding, erosion, subsidence, or slipping of the soil or other dangers, annoyances, or inconveniences.
(2) The site must have direct access to a major street without creating traffic on minor residential streets outside the district. Must either be so located in relation to utilities and public facilities existing or be so developed that no additional public expense will be involved.
(3) Efficient, safe, convenient, and harmonious grouping of structures, uses, and facilities.
(4) Appropriate relation of space inside and outside buildings to intended uses and structural features.
(5) Vehicular access to streets and pedestrian ways.
(6) Protection of pedestrian and traffic visibility.
(7) Location of common open space in the minimum amount of twenty percent (20%) of the area devoted to residential development.
(8) Screening of off street parking areas, service areas for loading and unloading vehicles, and areas for storage and collection of trash and garbage.
(9) Where the Planned Development Residential District abuts another Residential District, a permanent open space at least twenty-five feet wide shall be provided along the property lines. A ten foot depth along the property lines shall be maintained in landscaping, and no driveway or off street parking shall be permitted in such area.
(Ord. 74-8. Passed 10-3-74.)
1157.01 PRINCIPAL PERMITTED USES.
(a) Intent. The intent of the "PD-O" Planned Development – Office District regulations is to:
(1) Provide for and recognize that many office establishments seek to develop within unified groupings, usually under single ownership and control, and typically called "office centers or office parks";
(2) Achieve harmoniously designed structures upon a well landscaped site, achieving a high degree of pedestrian-vehicular separation, all of which would be compatible with surrounding land uses;
(3) Assure such groupings would have all necessary services and facilities comprehensively provided in accordance with an approved development plan; and
(4) Encourage and preserve opportunities for energy efficient development.
1157.02 DEVELOPMENT STANDARDS.
(a) Permitted Uses. Those uses included as permitted principal uses, accessory uses, and conditional uses in the "O" Office Districts. The Village Council may exclude any proposed use determined inappropriate for the specific PD-O.
(b) Area Requirements. The minimum area for a Planned Office District shall conform to 1161.01 "O District" regulations.
(c) Land Occupancy by Buildings. Total land occupancy by all buildings for an office park shall not exceed sixty percent (60%) of the area of the tract, provided, however, that underground parking structures, the highest portions of which are not more than thirty inches above the level of the centerline of the nearest adjacent street, shall not be included in computations of land occupancy by buildings.
(d) Open Space Requirements. Open space shall be twenty percent (20%) of the land area and shall not be used or occupied by automotive vehicles. Such space shall be reserved for landscaping, and its location, use, and other improvements shall be consistent with the character of the site and its relation to the general area in which it is located.
(e) Relation to Major Transportation Facilities. There shall be direct access to at least one major thoroughfare, as established on the Official Thoroughfare Plan.
(f) Site Planning. The same requirements applicable to Planned Development -Residential District, as set forth in Section 1156.02
(c), shall apply to Planned Development - Office District. In addition, yards with a minimum width of twenty-five feet shall be provided along all property lines, except where it adjoins a Business or Industrial District. Landscaping and use of such yards shall be as follows:
(1) Along thoroughfares or collector streets, as established on the Official Thoroughfare Plan for Clark County, Ohio, the nearest ten feet to the right-of-way shall be maintained in landscaping, unless turnout or merging lanes are provided, in which case the nearest ten feet to the turnout or merging lane shall be landscaped.
(2) Where lots in Residential Districts front onto residential streets at the boundary of a Planned Development - Office District, the nearest twenty-five feet to the right-of-way within the Development Plan shall be maintained in landscaping and no off street parking shall be permitted in such area. Vehicular access through such landscaped strip shall be permitted.
(3) All other yards within the Development Plan, except those abutting a Business or Industrial District, shall be maintained in landscaping and not used for parking, to the extent of a ten foot depth along the property lines.
(Ord. 74-8. Passed 10-3-74.)
1158.01 PRINCIPAL PERMITTED USES.
(a) Intent. The intent of the "PD-B" Planned Devlopment – Business District regulations is to:
(1) Provide for business establishments seeking to develop within unified commercial areas, usually under single ownership and control, and typically called "shopping centers";
(2) Achieve harmoniously designed structures upon a well landscaped site, achieving a high degree of pedestrian-vehicular separation, all of which would be compatible with surrounding land uses;
(3) Develop such centers with all necessary services and facilities comprehensively provided in accordance with an approved development plan;
(4) Encourage and preserve opportunities for energy efficient development; and
(5) Promote an attractive environment that is compatible with surrounding developments.
1158.02 DEVELOPMENT STANDARDS.
(a) Permitted Uses. In general, the uses for PD-B will be permitted principal uses, accessory uses, and conditional uses in the "B-1," "B-2," "B-3," or "B-4" Business Districts. The development plan should include proposed uses from the "B" Districts as well as any proposed business use not listed in the "B" Districts. The development plan may include residential uses developed in a unified manner in accordance with Chapter 1156. The Village Council may exclude any proposed use determined inappropriate for the specific PD-B.
(b) Land Occupancy by Buildings. Total land occupancy by all buildings for a Business District shall not exceed sixty percent (60%) of the area of the tract, provided however, that underground parking structures, the highest portions of which are not more than thirty inches above the level of the centerline of the nearest adjacent street, shall not be included in computations of land occupancy by buildings.
(c) Relation to Major Transportation Facilities.
(1) Planned Development - Business Districts less than twenty acres in area shall have direct access to at least one major thoroughfare, as established on the Official Thoroughfare Plan.
(2) Planned Development - Business Districts more than twenty acres in area shall have direct access to at least two major thoroughfares as established on the Official Thoroughfare Plan.
(d) Site Planning. The same requirements applicable to Planned Development - Residential District, as set forth in Section 1156.02
(c), shall apply to Planned Development - Business District. In addition, yards with a minimum width of fifty feet shall be provided along all property lines, except where it adjoins a Business or Industrial District. Landscaping and use of such yards shall be as follows:
(1) Along thoroughfares or collector streets, as established on the Official Thoroughfare Plan for Clark County, Ohio, the nearest twenty feet to the right-of-way shall be maintained in landscaping, unless turnout or merging lanes are provided, in which case the nearest twenty feet to the turnout or merging lane shall be landscaped.
(2) Where lots in Residential Districts front on residential streets at the boundary of a Planned Development - Business District, the nearest thirty feet to the right-of-way within the Development Plan shall be maintained in landscaping and no off street parking shall be permitted in such area. Vehicular access through such landscaped strip shall be permitted only for convenience of residents of adjoining residential areas or for access to dwelling units within the Planned Development - Business District and not for use by the general public.
(3) All other yards within the Development Plan, except those abutting a Business or Industrial District, shall be maintained in landscaping and not used for parking, to the extent of a twenty foot depth along the property lines.
(Ord. 74-8. Passed 10-3-74.)
(4) When residential uses separate the retail, service, and office uses from a Residential District, the yard requirements of Chapter 1157 shall be applicable.
(e) Off Street Parking and Loading Requirements.
(1) Off street parking shall be provided at the minimum ratio of 5.5 spaces per 1,000 square feet of gross leasable area. In addition, two off street parking spaces shall be provided for each dwelling or lodging unit. "Gross leasable area" means total floor area designed for tenant occupancy and use, including basements, expressed in square feet measured from the centerline of joint partitions and from the outside wall faces, but shall exclude parking areas in structures reserved for tenant occupancy and use.
(2) A minimum of two percent (2%) of the area devoted to off street parking shall be maintained in landscaping in such parking areas.
(3) Off street loading space shall be provided with area, location, and design appropriate to the needs of the shopping center and specific uses within it, and no space designated for off street parking shall be used as off street loading space.
(Ord. 74-8. Passed 10-3-74.)
1159.10 PD-I Planned Development - Industrial District Requirements.
1159.11 PRINCIPAL PERMITTED USES.
(a) Intent. The intent of the "PD-I" Planned Development – Industrial District regulations is to:
(1) Provide for industrial establishments seeking to develop within unified industrial areas typically called "industrial parks";
(2) Encourage provisions of this zone to be formulated with a high degree of coordinated development including well-landscaped premises;
(3) Promote efficient land use with smaller networks of utilities and streets;
(4) Encourage and preserve opportunities for energy efficient development; and
(5) Develop such centers with the necessary services and facilities comprehensively provided in accordance with a predetermined development plan. Particular attention is devoted to design of the periphery of the development with the objective of compatibility with surrounding land uses.
1159.12 DEVELOPMENT STANDARDS.
(a) Permitted Uses. In general, the uses for PD-I will be permitted principal uses, accessory uses, and conditional uses in the "I-1"Industrial District, except uses listed in the "B" Districts. The development plan should include proposed uses from the "I" District, any proposed industrial use not listed in the "I" District, and signage plans. The Village Council may exclude any proposed use determined inappropriate for the specific PD-I.
(b) Area Requirements. The minimum area for an Industrial District shall be five acres.
(c) Land Occupancy by Buildings. Total land occupancy by all buildings for an Industrial District shall not exceed sixty percent (60%) of the area of the tract.
(d) Relation to Major Transportation Facilities. Industrial Parks shall have direct access to at least one major thoroughfare as established on the Official Thoroughfare Plan.
(e) Site Planning. The same requirements applicable to Planned Development - Residential District, as set forth in Section 1156.02
(c), shall apply to Planned Development - Industrial District. In addition, yards with a minimum width of 100 feet shall be provided along all property lines, except where it adjoins a Business or another Industrial District. Landscaping and use of such yards shall be as follows:
(1) Along thoroughfares or collector streets, as established on the Official Thoroughfare Plan, the nearest thirty feet to the right-of-way shall be maintained in landscaping, unless turnout or merging lanes are provided, in which case the nearest thirty feet to the turnout or merging lane shall be landscaped.
(2) Where lots in Residential Districts front onto residential streets at the boundary of a Planned Development - Industrial District, the nearest fifty feet to the right -of-way within the Development Plan shall be maintained in landscaping and no off street parking shall be permitted in such area.
(3) All other yards within the Development Plan, except those abutting a Business or another Industrial District, shall be maintained in landscaping and not used for parking, to the extent of a thirty foot depth along the property lines.
(f) Parking and Loading.
(2) Off street loading space shall be provided with area, location, and design appropriate to the needs of the Industrial Park and specific uses with it, and no space designated for off street parking shall be used as off street loading space. (Ord. 74-8. Passed 10-3-74.)
1159.20 PD-M Planned Development - Mixed Use District Requirements.
1159.21 INTENT.
The intent of the PD-M District regulations is to:
(a) Provide flexibility for a variety of land uses arranged in such a way as to develop a plan permitting a mixture of types of buildings and uses in harmony with the each other which are not provided for in any of the other "PD" Districts;
(b) Encourage the preservation and best use of existing landscape features through development sensitive to the natural features of the surrounding area;
(c) Promote efficient land use with smaller networks of utilities and streets;
(d) Encourage and preserve opportunities for energy efficient development; and
(e) Promote an attractive environment that is compatible with surrounding developments.
1159.22 PERMITTED USES.
Those uses included as permitted principal uses, accessory uses, and conditional uses can be in any zoning district except the A, I, and R-7 Districts. The Planning Commission or Village Council may exclude any proposed use determined inappropriate for the specific PD-M.
1159.30 PD-C Planned Development - Conservation District Requirements and Procedures.
1159.31 INTENT.
The intent of the PD-C District regulations is to:
(a) Provide flexibility for a variety of land uses arranged in such a way as to develop a plan permitting a mixture of types of buildings and uses in harmony with the natural surroundings;
(b) Maximize protection of the natural resources of the community;
(c) Conserve the quality of a rural settings;
(d) Establish development review criteria promoting design solutions which best conserves the resources of the area; and
(e) Promote an attractive environment that is compatible with, or enhances, the surrounding developments.
(f) Wetlands, as well as area within the flood plain, are to be protected and are not to be built on.
1159.32 PERMITTED USES.
(a) Detached single-family dwellings;
(b) Single-family cluster dwellings;
(c) Single-family attached dwellings;
(d) Recreation facilities for use by residents of the PD-C;
(e) Other open space or natural areas for use by the residents of the PD-C; and
(f) Agricultural uses.
The Planning Commission or Village Council may exclude any proposed use determined inappropriate for the specific PD-C.
1159.33 REQUIREMENTS.
(a) Minimum open space is 40% of gross area. Open space does not include:
(1) Private roads and public rights-of-way;
(2) Parking areas, accessways, and driveways;
(3) Required setbacks between buildings and parking areas;
(4) Required setbacks between buildings and streets;
(5) Minimum spacing between buildings, and between buildings and parking areas;
(6) Private yards; and
(7) Other small fragmented or isolated open space areas.
1160.01 INTENT.
This district has been established to provide for a variety of uses within the Village's downtown area. This district accommodates uses that were in existence prior to Village Zoning Regulations and allows for mixed uses including single and multi-family residential, and office and business establishments.
The intent of this district is to improve the Village's downtown, allow greater use of existing lots, and address "spot" zoning.
1160.02 PRINCIPAL PERMITTED USES.
(a) "R-1" Thru "R-4" Single Family Residential Districts as governed by Chapter 1142
(b) "R-5" Single and Two Family Residential Districts as governed by Chapter 1143
(c) "R-6" Multiple Family Residential District as governed by Chapter 1144
(d) "O" Office District as governed by Chapter 1146
(e) "B-1" Neighborhood Business District as governed by Chapter 1147
(f) "B-2" Community Business District as governed by Chapter 1148
(g) "B-3" General Business District as governed by Chapter 1149
With mixed use permitted
(h) A mixed use of any of the above uses shall be permitted in this district as long as such mixed use(s) shall conform to all regulations of each district.
1160.03 ACCESSORY USE.
Accessory use buildings or other structures customarily incidental to any aforesaid permitted use, including private garages, provided that such accessory uses shall not involve the conduct of any business, trade or industry, or any private walk way giving access to such activity.