Grayville City Zoning Code

GENERAL REGULATIONS

AND STANDARDS

§ 153.075 HOME OCCUPATION.

In all districts permitting residential dwellings, home occupations shall be permitted, as long as the home occupation is incidental and secondary to the permitted residential use of the lot.

(A) Permitted home occupations include:

(1) Domestic crafts such as seamstress, sewing, tailoring, weaving, washing and ironing, carpentry work, barber shops and beauty shops, repair of small household appliances, and offices used predominantly for personal, as opposed to business use.

(2) Music and dance instruction.

(3) Private tutoring.

(B) A home occupation shall not be interpreted to include:

(1) Automobile repair and tune-up.

(2) Offices, clinics, welding shops, tourist homes, animal hospitals, kennels, television repair shops.

(1) Such one occupation shall be conducted entirely within the dwelling unit used as the residence.

(2) The operator conducting the home occupation shall be the sole entrepreneur.

(3) The primary use of the dwelling unit shall remain for the residential purposes and the operator of the home occupation shall remain a resident in the dwelling unit.

(4) The home occupation shall be incidental and secondary to the permitted residential use of the lot.

(5) No structural additions, enlargements, or exterior alterations changing the residential appearance to a business or commercial appearance shall be permitted.

(6) No additional and separate entrance incongruent with the residential structural design shall be constructed for the purpose of conducting the home occupation.

(7) The use shall not generate pedestrian or vehicular traffic beyond that normal to the district in which it is located.

(8) No more than one room in the dwelling units shall be employed for the home occupation, at grade or above grade; or three hundred square feet of basement floor area below grade.

(9) No provision for off-street parking or loading facilities, other than the requirements of the residential district in which the use is located, shall be permitted; and no part of a minimum required yard shall be used for such off-street parking or loading purposes; no additional driveways to serve such home occupations, shall be permitted.

(10) No display of goods or external evidence of the home occupation shall be permitted other than one attached, non-illuminated sign, not exceeding one square foot in area.

(11) No stock, in trade or commodities, other than those prepared, produced or created on the premises by the operator of the home occupation shall be kept or sold on the premises.

(12) No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference, (visually or audibly), outside of the dwelling.

(Ord. 443, passed 5-19-86) Penalty, see § 10.99

§ 153.076 TEMPORARY NON-RESIDENTIAL OCCUPANCY.

Mobile homes, trailers, or vans may be utilized in all districts as contractor's offices, watchman's shelters, or tool or equipment storage, only on the site and only during the period of construction of improvement projects.

(Ord. 443, passed 5-19-86) Penalty, see § 10.99

§ 153.077 SIGNS AND OUTDOOR ADVERTISING STRUCTURES.

(A) Requirements. Signs and outdoor advertising structures may be erected in the zoning districts where such use is permitted, subject to the following provisions:

(1) No sign or outdoor advertising structure shall be located so as to endanger the health and safety of operators or motor vehicles on the public streets.

(2) Signs or advertising structures may be lighted in a reasonable manner that makes the structure visible, but does not create substantial glare. No sign may be erected that flashes, uses sound or other mechanical devises, or that uses unusual lighting or other means of illumination.

(B) Public right-of-way. No sign or advertising structure shall project into the public right-of-way or other adjacent property.

(1) In residential zoning districts non-illuminated nameplates for home occupations are permitted, provided the nameplate does not exceed one square foot in area, and is used for indicating the name and address of the occupant or home occupation.

(2) In commercial and industrial zoning districts, signs are permitted for the purpose of identifying or describing the nature or type of use located on the premises, with the sign subject to the following:

(a) Signs may be free-standing, or attached to the building.

(b) No sign shall be erected or located to have a total height greater than 20 feet above the level of the street upon which the sign faces, nor shall the signable area of any such sign exceed 100 square feet; unless the sign is erected on a pedestal and does not present an obstruction.

(D) Off-premises advertising. Outdoor advertising structures are permitted in certain zoning districts for the purpose of advertising businesses and uses not located on the premises with the structure, subject to the following:

(1) Outdoor advertising structures shall be free-standing and not attached to or painted

on any part of a building or premises.

(2) No outdoor advertising structure shall be erected to have a total height greater than 20 feet above the level of the street upon which the structure existed, and shall not exceed 150 square feet.

(3) Double frontage signable areas are permitted.

(4) Only one outdoor advertising structure shall be erected on any individual lot or parcel.

(Ord. 443, passed 5-19-86) Penalty, see § 10.99

§ 153.078 ACCESSORY BUILDINGS AND USES.

(A) Accessory uses and buildings may be permitted in all zoning districts.

(B) Accessory buildings shall be permitted only on side and rear yards, and shall be located no closer than ten feet to the side or rear lot lines.

(D) An accessory building shall not be constructed before the principal building is constructed.

(Ord. 443, passed 5-19-86) Penalty, see § 10.99

§ 153.079 PROPERTY DEVELOPMENT STANDARDS.

(A) All lots hereafter created shall contain frontage along a public street, and as further specified in the individual zoning districts.

(B) On corner lots, reversed corner lots, and double frontage lots, two front yard setback distances shall be required as specified in the individual zoning districts.

(Ord. 443, passed 5-19-86)

§ 153.080 NONCONFORMING BUILDING AND USE SPECIFICATIONS.

(A) Upon the effective date of this chapter, the lawful use of a building or premises may be continued although such use does not conform to all the provisions thereof, except as hereinafter provided.

(B) A nonconforming use may be extended throughout a building provided no structural alterations are made therein.

(C) A nonconforming use may be changed to another nonconforming use of the same or greater restrictions, provided no structural changes are made in the building. Whenever a nonconforming use has been changed to a conforming use, it shall not thereafter be changed except in accordance with the requirements of the district.

(D) Any building, or building and land combination, in or on which a nonconforming use of a building is existing, shall not hereafter be expanded or altered in any manner except in accordance with the requirements of the district in which it is located.

(E) In the event that a nonconforming use of any building or premises is discontinued for a period of one year, the use of the same shall hereafter conform to the uses permitted in the district in which it is located.

(F) When a building containing a nonconforming use is damaged by fire, explosion, or other acts of God, to the extent of more than 50% of its assessed value, it shall not be restored except in conformity with the regulations of the district within which it is located.

(G) These provisions apply in the same manner to uses which become a nonconforming use due to a letter amendment to these regulations.

(Ord. 443, passed 5-19-86)

§ 153.081 TELECOMMUNICATIONS TOWERS.

Special use permits may be granted for the erection of telecommunications towers within each of the zoning districts provided for in this chapter, subject to the satisfaction of the requirements of § 153.107.

(Ord. 603A, passed 5-22-00)

§ 153.082 TEMPORARY RESIDENTIAL OCCUPANCY OF RECREATIONAL VEHICLES.

A special use permit may be granted in AG, R-1, or MH Districts for recreational vehicles owned by applicants engaged in construction projects in and around the city during the period of construction. Such recreational vehicles must have their own toilet and a system for sewage disposal. Additionally, they shall be connected to, and shall use municipal sewer and water, available electricity and/or municipal gas service. Permits for recreational vehicles used for temporary living quarters shall not exceed a period of six months. they may be renewed every six months for a total term of up to three years. The cost of each temporary living quarters permit shall be $75, and each renewal shall be subject to payment of an additional $75 fee.

(Ord. 641, passed 9-23-02)

§ 153.083 ADULT-USE CANNABIS.

(A) Purpose and applicability. It is the intent and purpose of this section to provide regulations regarding the cultivation, processing and dispensing of adult-use cannabis occurring within the corporate limits of the City of Grayville. Such facilities shall comply with all regulations provided in the Cannabis Regulation and Tax Act (P.A. 101-0027) (Act), as it may be amended from time-to-time, and regulations promulgated thereunder, and the regulations provided below. In the event that the Act is amended, the more restrictive of the state or local regulations shall apply.

(B) Conditional use. Adult-use cannabis business establishment facilities, as defined herein, requiring approval of a conditional use in the respective districts in which they are requested shall be processed in accordance with § 153.065 (Conditional Uses) and division (C) (Adult-Use Cannabis Facility Components) as provided herein.

(C) Adult-use cannabis facility components. In determining compliance with § 153.065 (Conditional Uses), the following components of the adult-use cannabis facility shall be evaluated based on the entirety of the circumstances affecting the particular property in the context of the existing and intended future use of the properties:

(1) Impact of the proposed facility on existing or planned uses located within the vicinity of the subject property.

(2) Proposed structure in which the facility will be located, including co-tenancy (if in a multi-tenant building), total square footage, security installations/security plan and building code compliance.

(3) Hours of operation and anticipated number of customers/employees.

(4) Anticipated parking demand and available private parking supply.

(5) Anticipated traffic generation in the context of adjacent roadway capacity and access to such roadways.

(6) Site design, including access points and internal site circulation.

(7) Proposed signage plan.

(8) Compliance with all requirements provided in division (D) (Adult-Use Cannabis Craft Grower); division (E) (Adult-Use Cannabis Cultivation Center); division (F) (Adult-Use Cannabis Dispensing Organization); division (G) (Adult-Use Cannabis Infuser Organization); division (H) (Adult-Use Cannabis Processing Organization); or division (I) (Adult-Use Cannabis Transporting Organization), as applicable.

(9) Other criteria determined to be necessary to assess compliance with § 153.065 (Conditional Uses).

(D) Adult-use cannabis craft grower. In those zoning districts in which an adult-use cannabis craft grower may be located, the proposed facility must comply with the following:

(1) Facility may not be located within 1,500 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section.

(2) Facility may not be located within 1,500 feet of the property line of a pre-existing property zoned or used for residential purposes.

(3) Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

(4) For purposes of determining required parking, adult-use cannabis craft grower shall be classified as "manufacturing uses" per § 153.092 (Schedule of Parking Requirements): provided, however, that the city may require that additional parking be provided as a result of the analysis completed through § 153.065 (Adult-Use Cannabis: Conditional Use) herein.

(5) Petitioner shall file an affidavit with the city affirming compliance with § 153.092 as provided herein and all other requirements of the Act.

(E) Adult-use cannabis cultivation center. In those zoning districts in which an adult-use cannabis cultivation center may be located, the proposed facility must comply with the following:

(2) Facility may not be located within 1,500 feet of the property line of a pre-existing property zoned or used for residential purposes.

(3) Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

(4) For purposes of determining required parking, Adult-Use Cannabis Cultivation Centers shall be classified as "manufacturing uses" per § 153.092 (Schedule of Parking Requirements), provided, however, that the city may require that additional parking be provided as a result of the analysis completed through § 153.065 (Adult-Use Cannabis: Conditional Use) herein.

(5) Petitioner shall file an affidavit with the city affirming compliance with § 153.092 as provided herein and all other requirements of the Act.

(F) Adult-use cannabis dispensing organization. In those zoning districts in which an adult-use cannabis dispensing organization may be located, the proposed facility must comply with the following:

(2) Facility may not be located in a dwelling unit or within 250 feet of the property line of a pre-existing property zoned or used for residential purposes.

(3) At least 75% of the floor area of any tenant space occupied by a dispensing organization shall be devoted to the activities of the dispensing organization as authorized by the Act, and no dispensing organization shall also sell food for consumption on the premises other than as authorized in division (F)(5) below in the same tenant space.

(4) Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

(5) Facility may be issued a permit to host on-site consumption of cannabis if located in a freestanding structure occupied solely by the dispensing organization and smoke from the facility does not migrate into an enclosed area where smoking is prohibited. The security plan for the facility required by division (J) (Additional Requirements) shall also reflect adequate provisions to respond to disruptive conduct and over-consumption. The on-site consumption permit shall be reviewed annually and may be suspended or revoked following notice and hearing as provided the City of Grayville Municipal Code.

(6) For purposes of determining required parking, said facilities shall be classified as "retail and service uses" per § 153.092 (Schedule of Parking Requirements) of the City of Grayville Code of Ordinances provided, however, that the city may require that additional parking be provided as a result of the analysis completed through § 153.065 (Adult-Use Cannabis: Conditional Use) herein.

(7) Petitioner shall file an affidavit with the city affirming compliance with § 153.092 as provided herein and all other requirements of the Act.

(G) Adult-use cannabis infuser organization. In those zoning districts in which an adult-use cannabis infuser organization may be located, the proposed facility must comply with the following:

(2) Facility may not be located in a dwelling unit or within 250 feet of the property line of a pre-existing property zoned or used for residential purposes.

(3) At least 75% of the floor area of any tenant space occupied by an infusing organization shall be devoted to the activities of the infusing organization as authorized by the Act. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

(4) For purposes of determining required parking, said facilities shall be classified as "manufacturing uses" per § 153.092 (Schedule of Parking Requirements), provided, however, that the city may require that additional parking be provided as a result of the analysis completed through § 153.065 (Adult-Use Cannabis: Conditional Use) herein.

(5) Petitioner shall file an affidavit with the city affirming compliance with § 153.092 as provided herein and all other requirements of the Act.

(H) Adult-use cannabis processing organization. In those zoning districts in which an adult-use cannabis processing organization may be located, the proposed facility must comply with the following:

(2) Facility may not be located in a dwelling unit or within 250 feet of the property line of a pre-existing property zoned or used for residential purposes.

(3) At least 75% of the floor area of any tenant space occupied by a processing organization shall be devoted to the activities of the processing organization as authorized by the Act. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

(5) Petitioner shall file an affidavit with the city affirming compliance with § 153.092 as provided herein and all other requirements of the Act.

(I) Adult-use cannabis transporting organization. In those zoning districts in which an adult-use transporting organization may be located, the proposed facility must comply with the following:

(2) Facility may not be located in a dwelling unit or within 250 feet of the property line of a pre-existing property zoned or used for residential purposes.

(3) The transporting organization shall be the sole use of the tenant space in which it is located. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

(4) For purposes of determining required parking, said facilities shall be classified as "warehouses and storage buildings" per § 153.092 (Schedule of Parking Requirements), provided, however, that the city may require that additional parking be provided as a result of the analysis completed through § 153.065 (Adult-Use Cannabis: Conditional Use) herein.

(5) Petitioner shall file an affidavit with the city affirming compliance with § 153.092 as provided herein and all other requirements of the Act.

(J) Additional requirements. Petitioner shall install building enhancements, such as security cameras, lighting or other improvements, as set forth in the conditional use permit, to ensure the safety of employees and customers of the adult-use cannabis business establishments, as well as its environs. Said improvements shall be determined based on the specific characteristics of the floor plan for an adult-use cannabis business establishment and the site on which it is located, consistent with the requirements of the Act.

(K) Co-location of cannabis business establishments. The city may approve the co-location of an adult-use cannabis dispensing organization with an adult-use cannabis craft grower center or an adult-use cannabis infuser organization, or both, subject to the provisions of the Act and the conditional use criteria within the City of Grayville Municipal Code of Ordinances. In a co-location, the floor space requirements of divisions (F)(3) and (G)(3) shall not apply, but the co-located establishments shall be the sole use of the tenant space.

(Ord. 877, passed 9-23-19)