Harrison City Zoning Code
CHAPTER 1143
Zoning Use Districts
1143.01 R-O SINGLE-FAMILY RESIDENTIAL ANNEXATION DISTRICT.
A. Purpose
The purpose of the R-O Low Density Residential Annexation District is to provide low density residential development of residential property annexed to the City from the Township. The R-O District is intended to reflect a compromise between Township zoning and City zoning consistent with applicable land use plans. All residential property annexed into the City from Harrison Township after the effective date of this amendment shall be designated and classified as R-O.
B. Permitted Uses
1. Single-family dwellings.
2. Accessory structures incidental to dwellings such as garages, for non- commercial storage of automobiles, storage sheds, and swimming pools and associated accessory structures.
C. Conditional Uses
1. Public non-commercial facilities such as parks, playgrounds, tennis courts, swimming pools, golf courses, and community centers, operated with or without a fee.
2. Public libraries, museums, art galleries, and similar public cultural uses.
3. Adult family homes.
6. Public and private schools provided land consists of at least three (3) acres, and parking and traffic access requirements of Chapter 1159 are satisfied. Private schools must offer general educational courses and have no facilities for the housing of students.
7. Temporary school buildings.
8. Churches and other places of religious worship.
9. Cemeteries
10. Outdoor commercial and noncommercial recreation facilities.
11. Bed and breakfast operations.
12. Any other use determined by the Board of Zoning Appeals to be similar to those uses listed above.
D. Development Standards
(Ord. 15-14. Passed 10-21-14.)
1143.02 R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT.
A. Purpose
The purpose of the R-l Low Density Residential District is to encourage low density residential development.
B. Permitted Uses
1. Single-family dwellings.
2. Accessory structures incidental to dwellings such as garages, for non- commercial storage of automobiles, storage sheds, and swimming pools and associated accessory structures.
C. Conditional Uses
1. Public non-commercial facilities such as parks, playgrounds, tennis courts, swimming pools, golf courses, and community centers, operated with or without a fee.
2. Public libraries, museums, art galleries, and similar public cultural uses.
5. Public and private schools provided land consists of at least three (3) acres, and parking and traffic access requirements of Chapter 1159 is satisfied. Private schools must offer general educational courses and have no facilities for the housing of students.
6. Temporary school buildings.
7. Churches and other places of religious worship.
8. Cemeteries.
9. Outdoor commercial and noncommercial recreation facilities.
10. Bed and breakfast operations.
11. Any other use determined by the Board of Zoning Appeals to be similar to those uses listed above.
D. Development Standards
Refer to Section 1143.11 for development standards pertaining to this District.
(Ord. 15-14. Passed 10-21-14.)
(Ord. 15-14. Passed 10-21-14.)
1143.03 R-3 ONE- AND TWO FAMILY RESIDENTIAL DISTRICT.
A. Purpose
The purpose of the R-3 One- and Two-Family Residential District is to provide for the establishment of areas for medium density residential development along with a wider range of compatible nonresidential uses.
B. Permitted Uses
2. Two-family dwellings.
C. Conditional Uses
2. Zero lot-line homes.
3. Condominiums.
5. Private clubs, fraternities, lodges, and meeting places or other similar organizations not including those that are customarily conducted as a gainful business.
6. Professional offices such as those pertaining, but not limited to insurance, real estate, financial, civic, education and philanthropic establishments or organizations, architecture, dentistry, engineering, law, and medical for human care only.
7. Nursing homes, elderly assisted living, and elderly retirement housing.
8. Any other use determined by the Board of Zoning Appeals to be similar to those uses listed above.
D. Lot requirements for each dwelling
Refer to Section 1143.11 for development standards pertaining to this District.
(Ord. 15-14. Passed 10-21-14.)
(Ord. 15-14. Passed 10-21-14.)
1143.04 R-4 MULTI-FAMILY RESIDENTIAL DISTRICT.
The purpose of the R-4 Multi-Family Residential District is to provide multi-family housing opportunities, including zero lot-line dwellings commonly used in the construction of duplexes that have two separate owners with the property line being the party wall.
A. Permitted Uses
2. Multi-family units and accessory uses incidental to the uses, including the following:
a) Office to handle rentals and maintenance of dwelling units within a multi-family development in which the office is located.
b) Private swimming pools for the exclusive use of residents of a multi-family development (Refer to Section 1147.32).
3. Condominiums.
4. Churches and other places of religious worship.
5. Public and private schools provided land consists of at least three (3) acres and parking and traffic access requirements are of Chapter 1159 are satisfied. Private schools must offer general educational courses and have no facilities for the housing of students.
6. Public libraries, museums, art galleries, and similar public cultural uses.
7. Accessory structures incidental to dwellings such as garages, for non- commercial storage of automobiles, storage sheds, and swimming pools and associated accessory structures.
B. Conditional Uses
1. Professional offices such as those pertaining, but not limited to insurance, real estate, financial, civic, education and philanthropic establishments or organizations, architecture, dentistry, engineering, law, and medical for human care only.
2. Public noncommercial facilities such as parks, playgrounds, tennis courts, swimming pools, golf courses, and community centers operated with or without a fee.
3. Temporary school buildings (that are contiguous to main school buildings)
4. Indoor and outdoor commercial and noncommercial recreational facilities.
5. Private clubs, fraternities, lodges, and meeting places or other similar organizations not including those that are customarily conducted as a gainful business.
6. Zero lot-line homes.
7. Kennels. Minimum five (5) acres. Exercise runs shall be enclosed on four (4) sides by unpierced fence or wall at least five feet (5') in height.
9. Any other use determined by the Board of Zoning Appeals to be similar to those uses listed above.
11. Funeral Homes
12. Nursing homes, elderly assisted living and elderly retirement housing.
C. Development Standards
(Ord. 16-21. Passed 11-3-21.)
1143.05 B GENERAL BUSINESS DISTRICT.
A. Purpose
The purpose of the B General Business District is to encourage the establishment of business uses to meet the needs of a regional market area. Shopping centers and large space users should be the predominant building approach. General Business Districts shall be located on most arterial thoroughfares and closely associated with major interchange areas along limited access highways and primary thoroughfares in the City.
B. Permitted Uses
2. Hotels and motels.
3. Hospitals (ambulatory and emergency care) and clinics for the care of humans.
4. Bakery, barber and beauty shop, drug store, dry cleaning and laundry, self- service laundries, florist, gift shop, delicatessen, meat market, shoe repair shop, fabric shop, tailor, and dressmaker.
5. Pet store and supplies (Dogs and cats under one year of age only)
6. Restaurants, coffee shops, ice cream parlors with or without drive-in or drive-through.
7. (EDITOR’S NOTE: Former subsection B.7. was repealed by Ordinance 1-23.)
8. (EDITOR’S NOTE: Former subsection B.8. was repealed by Ordinance 1-23.)
9. Convenience stores without drive-in or drive-through facility.
10. Supermarkets, Pharmacies, and shopping centers.
11. Beer and wine carryout.
12. Theaters and concert halls, studios of photography, dance, music, or art.
13. Night clubs, bowling alleys, and similar places of amusement or entertainment.
14. Tavern, bar, club, lodge (private or public), and dance hall.
15. Carpenter, electrical, plumbing, paint, heating shops, furniture upholstering, and similar enterprises, not including contractor's yards.
16. General merchandise and apparel, including department stores.
17. Furniture and home furnishings stores.
18. Other retail, including hardware, paint and wallpaper, music and records, and sporting goods.
19. General service and repair establishments.
20. Printing, publishing, and other commercial advertising.
21. Health and recreational facilities.
22. Banks and other financial institutions with or without drive-in or drive- through facilities.
23. Medical and dental offices, and other offices for conducting a profession or the administration of a trade or business.
24. Automated teller machines located outside the building of an existing use.
25. Public libraries, museums, art galleries, meeting places and similar public cultural uses.
26. Accessory buildings and uses customarily incidental to the above uses.
C. Conditional Uses
1. On-site living quarters for property manager.
2. Amusement arcades.
3. Animal hospitals, veterinary clinics, no overnight stays.
4. Any automotive use, including automotive supply, gas stations, service stations, repair garages, car washes and automotive sales and service.
5. Convenience stores with drive-in or drive-through facility.
6. Liquor stores with or without drive-in or drive-through facility.
7. Boat, trailer, farm implement, recreational vehicle and manufactured home sales and service.
8. Indoor and outdoor commercial and noncommercial recreational facilities.
9. Funeral Homes.
10. Nursing homes, elderly assisted living, elderly retirement housing and specialized public assistant and treatment centers and congregate living facilities.
11. Mixed use - residential with commercial/office.
13. Group homes of eight or less residents, not including an on-site resident manager, that are located within a residential-type structure and shall require recommendation by Planning Commission and approval by Council.
14. Wineries, breweries, distilleries with tasting rooms which serve the public.
15. Vape/smoke shops (a retail outlet specializing in the selling of electronic cigarette products)
16. Any other use determined by the Board of Zoning Appeals to be similar to those uses listed above.
EDITOR'S NOTE: Former subsection C.11.was repealed by Ordinance 64-09.
D. Development Standards
2. Loading docks shall not face or be visible from the street frontage of the lot on which it is located.
3. Delivery and service vehicles shall be so arranged that they may be used without blocking or otherwise interfering with the use of accessways, parking facilities, public, streets or sidewalks.
4. A business shall not park, store, or use a commercial vehicle as advertising within the building frontage area as defined in Section 1135.01(89).
(Ord. 1-23. Passed 1-17-23.)
1143.06 DRD DOWNTOWN REDEVELOPMENT DISTRICT.
A. Purpose
The purpose of the DRD Downtown Redevelopment District is to provide and encourage further expansion and renewal in the historical core business area of the city. A variety of business, institutional, public, semipublic, cultural, and other related uses are encouraged in an effort to provide the mix of activities necessary to maintain a walkable, retail environment. The emphasis for street-level Downtown Businesses should be retail and food establishments. Those businesses that substantially increase retail foot traffic during regular business hours are highly encouraged. The Downtown Redevelopment District is defined by the boundaries of the attached map dated August, 2017.
The State of Ohio also approved an Entertainment District for the DRD in April, 2018. The Entertainment District boundaries are identical to those of the DRD. This section will also address the approval process for those businesses that wish to apply for a liquor license made available by the State of Ohio for use specifically within the Entertainment District.
B. Downtown Redevelopment District Design Standards and Zoning and Use Applications
The Downtown Redevelopment District shall be developed in accordance with the approved Downtown Development Design Standards as outlined in Section 1147.34 . The Downtown Development Design Standards define the acceptable aesthetic standards within the district.
All projects must submit a Zoning and Use Approval Application to the Building and Zoning Department for review and shall be approved by Planning Commission (and City Council in some cases) before work may be initiated on a project. Applications must be submitted no less than two (2) weeks before Planning Commission hearings. The information to be included:
1. Detailed description of the use of a specific building, parcel or tract of real estate which outlines the products and services for sale, and hours of operation;
2. Drawings by a plat showing the boundaries of such building, parcel or tract;
3. The location, dimensions, interior floor plan to scale of all structures;
4. All vehicular and pedestrian ways and parking areas, both public and private;
5. All landscaped areas to be erected and maintained thereon; and further explained by such specifications, conditions, and limitations as may be imprinted on the plat;
6. Exterior elevation drawings in full color and building/material specifications of proposed exterior changes consistent with the overall theme as outlined in Section 1147.34.
7. Proof of ownership of the building, parcel or tract of real estate by the applicant; or a purchase option put into a document, or a signature page of a signed and dated lease by the business owner and building owner that indicates the time period of the lease and that indicates the owner's approval of the use for which the application is being made and any proposed changes.
A building permit or zoning certificate contemplating any use shall not be issued by the Building and Zoning Department for any business operation, building, or vacant real estate and no business shall be allowed to operate until a Downtown Development Plan has been approved by the Planning Commission (and City Council in some cases).
Non-permitted businesses or organizations currently operating in the DRD before September 30, 2017 are considered to be grand-fathered, non-conforming uses and will be permitted to continue operation. Once a grand-fathered use ceases to operate at its given location, no other non-conforming use or any other business may fill the vacated space unless first approved by Planning Commission and then approved by City Council.
C. Permitted Uses.
Operation of all businesses within the Downtown Redevelopment District shall be permitted from 5:00 a.m. to 11:00 p.m. Sunday through Thursdays; and 5:00 a.m. to 1:00 a.m. on Fridays and Saturdays. Operation outside of those hours, for an event, will require an administrative approval from the Mayor. The applicant will provide a written request for extended hours with a full explanation of the reason to the Building & Zoning Department at least thirty (30) days in advance, and no more than six (6) months in advance, of the desired date. That information will be provided to the Mayor for his/her determination, which will be made in writing. Each business may request extended hours no more than four (4) times a year. The Downtown District Board may also request special event hours that encompass the entire DRD no more than once per month. All requests for extended hours outside of the typical schedule above will require a twenty-five dollar ($25.00) application fee. The Mayor may also extend hours in the District administratively in anticipation of special events, holidays, or celebrations.
The following uses shall be permitted (after tenant submission of Zoning and Use Application and subsequent approval by Planning Commission, and Council if necessary). Additionally, plumbing, electrical, heating/cooling or physical structural changes to the interior or exterior of any structure will also require submission of applicable permits. Plan reviews and site inspections will occur and approvals granted for these changes by the appropriate agencies before any business will be issued an occupancy permit.
1. Dwellings above the first floor of a business.
2. Public, non-commercial facilities such as parks, municipal and private parking lots, post offices, other local, state and federal offices.
3. Public libraries, museums, art galleries, craft shops and similar public/private cultural uses.
4. Pharmacies.
5. Sale of goods and products at retail, except for these items not permitted for sale: gasoline, oil products, other chemicals, recreational drugs/paraphernalia, medical marijuana, firearms, weaponry, ammunition, gunpowder, explosives, adult oriented media and adult novelties.
6. Shops for repair and servicing of bicycles, electrical equipment, appliances, keys, shoes, and similar uses not involving conduct of manufacturing on the premises, and where not more than ten (10) persons are employed on the premises at any one time. Auto service, repair or parts stores are not permitted.
7. Dressmaking, millinery, tailoring, bakery and similar trades whose products are sold only at retail on the premises and where not more than ten (10) persons are employed on the premises at any one time.
8. Restaurants, pubs, ice cream parlors or coffee shops without drive-in or drive-through facilities.
9. Studios related to music, art and crafts that have a retail component.
10. Banks and other financial institutions, without drive-in or drive-through facilities. Any drive-through would require approval of a conditional use permit by the Board of Zoning Appeals.
11. Barber shops, beauty salons, pet grooming and similar personal and pet service shops.
12. Governmental offices, including police/fire stations and bureau of motor vehicles.
13. Printing shops having a sales office or retail outlet on the premises and employing not more than ten (10) persons on the premises at any one time.
14. Walk-up windows and counters for outside service would be permitted for banks, governmental offices, ice cream parlors, coffee shops and restaurants that do not serve alcohol. These windows/counters must be no more than half of the linear feet of any establishment's frontage.
15. Restaurants and pubs that serve alcohol must maintain at least thirty percent (30%) revenue from the sale of food, retail goods, and services (verified on an annual basis). Restaurants and pubs that serve alcohol must also apply for, and have their Zoning and Use Approval application approved by the Planning Commission before applying for an Entertainment District Liquor License with the State of Ohio.
D. Conditional Uses that require the approval of both Planning Commission and City Council:
1. Wineries, micro distilleries or microbreweries with tasting rooms which serve the public.
2. Convenience stores or farmers' markets without the sale of gasoline or oil products.
3. Movie theatres, live performance centers/theaters.
4. Any newly constructed single-family or multi-family residential development.
5. Hotels. One parking space for each room must be provided on site by the hotel.
6. Any other use determined by the Planning Commission and City Council to be similar to those uses listed within this section.
E. Special Residential Exempted Status:
1. The DRD is specifically created to promote commercial activity within the zone by allowing property owners to sell or convert their residences for permitted commercial uses. However, there may be instances when the owner of a residence may prefer to sell or transfer ownership of that property for continued use as a residence. In this case, the owner must inform the Building and Zoning department of the sale or transfer of the property and then it may continue to be used as a residence. However, if the residence at any time becomes vacant and remains vacant for 365 days, that property loses its residential exempted status and must be converted to a permitted commercial use as outlined above in Sections C and D. If before the 365th day of vacancy, a property owner contacts the Director of Economic Development, Building and Zoning, a request may be made for an extension of time necessary to sell, occupy or convert the property as outlined in Sections C and D. Under this circumstance, the Director may provide an administrative extension of another 180 days for the property to gain compliance if the property owner has provided a good-faith conceptual plan and timeline to meet the requirements of this section.
F. Development Standards
Refer to Section 1143.11 for development standards pertaining to this District.
(Ord. 1-23. Passed 1-17-23.)
1143.07 M-1 RESTRICTED INDUSTRIAL DISTRICT.
A. Purpose
The purpose of the M-l Restricted Industrial District is to provide for industrial uses having a minimum impact upon the surrounding environment in areas which are suitable for restricted or light manufacturing operations by reason of their location and the availability of adequate utility and transportation systems. Industrial uses that can be operated in a clean and quiet manner, subject only to those regulations and performance standards necessary to prohibit congestion and for the protection of adjacent residential and business activities are permitted. This district is further designed to act as a transitional area between heavy industrial uses and other less intense business and residential uses.
B. Permitted Uses
Within the M-1 Restricted Industrial District, a building or premises may be erected or used only for the following purposes:
1. Laundries, dry cleaning, and dyeing plants.
2. Moving and storage companies.
3. Compounding, processing, and packaging of meat, dairy and food products, exclusive of slaughtering.
4. Machinery and heavy equipment rental, sales, and storage.
5. Manufacturing or assembling, or repairing of electrical and electronic products, components, and equipment.
6. Public utilities, not otherwise exempt pursuant to Chapter 4906 or Section 4905.65 of the Ohio Revised Code, as follows:
a) Electric substations, equipment buildings, transmission lines, and towers.
b) Telephone substations, distribution centers, and transmission equipment and buildings.
c) Gas regulator and meter stations.
d) Water filtration plants and pumping stations.
e) Sanitary sewage treatment plants and pumping stations.
7. Commercial radio and television transmitting stations and antenna towers.
8. (EDITOR’S NOTE: Former subsection B.9. was repealed by Ordinance 64- 09.)
9. Sign painting and manufacturing.
10. Research and engineering laboratories, and testing facilities.
11. Printing, publishing, binding, and typesetting plants.
12. Offices and service centers.
13. The following uses provided no part of a building occupied by such uses shall have any opening other than stationary windows or required fire exits within two hundred feet (200') of any R District.
a) Welding shops, machine shops, cooperage works, and other metal working shops.
b) Ice manufacturing and cold storage plant, creamery, and bottling plant.
14. Monument works having a retail outlet on the premises.
15. Printing, publishing, sheet metal shops, sign painting shops, and other commercial advertising.
16. Wholesale establishments, warehouses, and storage facilities (including mini-storage facilities).
17. Other manufacturing, processing, assembling or compounding operations possessing characteristics similar to those industrial uses listed in this section, which can be operated in compliance with the performance standards of this section.
18. Accessory buildings and uses customarily incidental to the above uses.
C. Conditional Uses
1. Automobile/truck service stations and car/truck washing facilities.
2. Airport, landing field, or heliport.
3. Restaurants with or without drive-in or drive-through facilities.
4. Building materials sales yard, lumber yards including mill work, storage and sale of grain and livestock feed, or fuel including storage of vehicles provided such uses are conducted either:
a) Within a completely enclosed building or buildings. Except for storage of vehicles, each building shall be at least one hundred feet (100') from any R District, unless such building has no openings other than stationary windows and required fire exits within such distance, but in any case not within fifty feet (50') of any R District.
b) Within an area completely enclosed on all sides with a solid wall or uniformly painted solid board fence not less than six feet (6') high, but not within two hundred feet (200') of any R District; provided further that all storage yards related to the uses in this subsection shall be enclosed.
5. Warehousing (wholesale and retail) storage and distribution.
6. Self-service mini-storage facilities.
7. Recycling centers.
8. Machinery and heavy equipment rental and sales.
9. The following uses when conducted no closer than three hundred feet (300') from any R District and shall be enclosed on all sides with a minimum six foot (6') fence.
a) Flammable liquids. Bulk station underground storage only.
b) Contractor’s and equipment storage yards. Building materials sales yards including concrete mixing, lumber yards including millwork, and open yards for storage and sale of feed.
10. Any other use determined by the Board of Zoning Appeals to be similar to those uses listed above.
11. Animal hospitals, veterinary clinics, kennels. Exercise runs shall be enclosed on four (4) sides by unpierced fence or wall at least five feet (5') in height.
12. Nursing homes, elderly assisted living, elderly retirement housing and specialized public assistant and treatment centers and congregate living facilities.
13. Churches and other place of public religious worship.
14. Group homes of eight or less residents, not including an on-site resident manager, that are located within a residential-type structure and shall require recommendation by Planning Commission and approval by Council.
D. Required Conditions
1. Enclosed Buildings: All businesses, services, or processing under Section 1143.07 B. shall be conducted wholly within a completely enclosed building, except for the sale of automobile fuel, lubricants, and fluids at service stations, loading and unloading operations, parking, the outdoor display or storage of vehicles, materials, and equipment and the uses specified in Section 1143.07 C.
2. Night Operation: No building customarily used for night operation shall have any openings other than stationary windows or required fire exits within two hundred feet (200') of any R Districts; any space used for loading and unloading commercial vehicles in connection with such an operation shall not be located within two hundred feet (200') of any R District.
3. Parking of trucks and loading docks shall be located at the rear of the building.
E. Development Standards
Refer to Section 1143.11 for development standards pertaining to this District.
(Ord. 16-21. Passed 11-3-21.)
1143.08 M-2 GENERAL INDUSTRIAL DISTRICT.
A. Purpose
The purpose of the M-2 General Industrial District is to encourage the development of major industries and other uses that can be operated in such a manner as to conform with the applicable performance standards of this District. These uses perform essential and necessary functions and are provided for in areas that are best suited for such industrial development by reason of location, and the availability of adequate utility and transportation systems. Accordingly, an M-2 District is isolated from residential neighborhoods.
B. Permitted Uses
Within the M-2 District, a building or premises may be erected or used only for the following purposes:
2. Adult entertainment business. Because of the recognized secondary impacts of adult uses, this use shall meet the following requirements:
a) No adult bookstores, adult cabaret, or adult motion picture theater shall be placed within 1,000 feet of a school, child day care center, church, public building, establishments that sell alcoholic beverages, group homes, nursing homes, and any R (Residentially Zoned) Districts.
b) No adult entertainment business may place any item on display that has any content or reference to specified sexual activities or specified sexual anatomical areas that can be seen from any public right-of-way.
3. Foundry casting lightweight nonferrous metal or electric foundry not causing noxious fumes and odors.
4. Manufacturing and processing: Provided that these establishments comply with the performance standards in Chapter 1147 (Supplementary District Regulations)
a) Automobile assembly, food processing and packaging, breweries and liquor distilleries, forge and foundry work, warehousing.
b) Trucking terminals and freight stations.
C. Conditional Uses
2. Refuse disposal sites: such uses shall meet the following additional criteria:
a) Refuse disposal sites are established in accordance with guidelines from the Federal and State Environmental Protection Agencies and shall be subject to additional protective measures as deemed necessary by the City.
b) Prior to granting a conditional use permit, the applicant shall provide the City with documentation evidencing the approval of the appropriate state an/or federal regulatory agencies and the necessary permits and licenses for such operations.
c) In no event shall the disposal, handling or storage of radioactive, toxic, or hazardous materials be permitted on the premises unless reviewed and approved by the City Fire Department or hazardous materials officials.
3. Extraction of sand and gravel, top soil and other natural resources. Such uses shall meet the following additional criteria:
a) Any extraction operation that is intended to, or will, result in the creation of a body of water shall be effectively fenced along the property lines and provided with a locking gate. Such height shall be of a non-climbable design installed and maintained at a height of six feet (6').
b) No excavation shall be permitted nearer than fifty feet (50') to any property line.
c) Any processing or storage of materials shall be conducted within an enclosed structure and/or effectively screened from view.
d) Prior to granting a permit, the applicant shall provide the City with documentation evidencing the approval of the appropriate State and/or Federal regulatory agencies and the necessary permits and licenses for such operations.
4. Smelting of ferrous or nonferrous ores.
5. Steel manufacturing.
6. Storage, drying, and cleaning of iron, junk, rags, glass, cloth, paper or clippings, including refining, baling, wool pulling, and scouring.
7. Licensed medical marijuana cultivation, processing, testing and retail dispensary operated in accordance with State law.
a) The total number of cultivation, processing, testing and retail facilities permitted in this zone shall be limited as follows:
1. Cultivation: _______
2. Processing: _______
3. Testing: __________
4. Retail: ___________
b) Notwithstanding any provision of the Harrison Codified Ordinances to the contrary, no cultivation, processing, testing or retail facility shall be located within 1000 feet of a parcel of real estate having situated on it a school, church, public library, public playground, or public park.
8. Any other use not specified herein which conforms with the intent and purpose of this chapter subject to approval by the Board of Zoning Appeals.
D. Development Standards
(Ord. 15-19. Passed 8-6-19.)
1143.081 MINERAL EXTRACTION RECLAMATION OVERLAY DISTRICT (MEROD).
A. Purpose
The Mineral Extraction Reclamation District is an Overlay which supports reclamation of a quarry through excavation, storage, and processing activities while establishing development sites. These restoration efforts will reduce the reclamation of the quarry site, emphasize transition into future developable industrial land and thereby support long-term economic growth.
B. Permitted Uses
Within the Mineral Extraction Reclamation overlay, a building may be erected or premises used only for the following purposes:
2. Recycling, processing, and re-sale of concrete and asphalt materials during the reclamation process.
3. Reclamation of land for future development, including the operations used for the filling and grading of properties to establish use for future development, including the import, grading, and compaction of clean fill materials, and processing and/or recycling of material for use in the reclamation of the property for the duration of the reclamation process of the Overlay District.
4. Sand, gravel, and topsoil, excavation in conjunction to developing industrial lots. Excavating adjacent to bounding properties shall be elevated no higher than the elevation bordering except as provided in Section 1167.03 as required for screening or buffering.
5. The storage of material necessary for the process of reclamation of the site.
6. Any other use not specified herein that conforms with the intent and purpose of this chapter Subject to approval by the Planning Commission.
C. Conditional Uses
D. Development Standards
Refer to Section 1143.12 for development standards about this District.
(Ord. 9-25. Passed 8-19-25.)
1143.09 OA OPEN AREA DISTRICT.
The purpose of the Open Area District is to preserve and protect environmentally sensitive land that is steep sloped, rural, open space, a wetland, or prone to flooding (within the 100-year flood plain) as conservation areas of the City.
A. Permitted Uses
1. Cultivation of crops, fruit trees, nursery stock, truck garden products, and similar plant materials.
2. Public noncommercial facilities such as parks, playgrounds, tennis courts, swimming pools, golf courses, and community centers that operate with or without a fee.
B. Conditional Uses
1. Summer camps.
C. Development Standards
(Ord. 15-14. Passed 10-21-14.)
1143.10 PLANNED UNIT DEVELOPMENT.
A. Purpose
The purpose of the Planned Unit Development District (PUD) is to achieve, to the greatest possible degree, land development that is responsive to the natural and environmental assets and liabilities of a given site. The PUD provides an opportunity to encourage imaginative design of development. The PUD should be a well-integrated development in terms of major design elements such as roads, drainage systems, utilities, and open space. The PUD allows greater design flexibility so that natural features may be protected and development concentrated in an innovative and efficient manner.
B. General Requirements and PUD District Designation
Subsequent to the approval of City Council, the designation of PUD overlay may be applied to any existing zoning district, with the limitations described herein and the City shall be solely responsible for the determination as to the application of said PUD designation. Such designation shall be applied to the tract of land and/or the project as proposed by the applicant. There are two types of PUDs.
1. A PUD may be a predominantly residential development, and in which case is referred to as a PUD-RES. A PUD-RES may only be applied to an existing residential district. The tract of land proposed to be developed as a PUD-RES must be owned, leased, or controlled by one person or single entity, and must contain more than one unit and/or lot.
2. A PUD may also be a mixed use development, referred to as a PUD-BUS. A PUD-BUS may be applied to any existing non-residential zoning district. The tract of land proposed to be developed as a PUD-BUS must be owned, leased, or controlled by one person or single entity.
Upon the approval of the final development plan according to Section 1143.10 H. the Official Zoning Map shall be amended to designate the property "PUD-RES OVERLAY” or “PUD-BUS OVERLAY".
C. Permitted Uses
The permitted uses in both the PUD-RES and PUD-BUS district are as set forth below:
1. Permitted Uses - PUD-RES
An applicant may propose to include any mixture of permitted or conditional uses in any existing residential district, as well as land uses which are allowed as a permitted use in the B-1 district, provided that not more than twenty-five percent (25%) of the net acres in the development is devoted to non-residential uses.
2. Permitted Uses - PUD-BUS
An applicant may propose to include any mixture of non-residential land uses in a proposed PUD-BUS development, provided that at least sixty percent (60 %) of the net acres in the development are devoted to uses permitted in the district(s) applying to the property at the time of application.
D. General Development Standards
The following standards represent broad parameters under which all PUD OVERLAY developments must be designed:
1. Central Water and Sewer Facilities:
All structures in developments approved as a PUD OVERLAY must be served by central or public water and sewer facilities.
2. Development Layout and Design:
The design and layout of all PUDs shall display excellence in design by properly considering significant site features such as topography, natural drainage patterns, roadway access and circulation, surrounding land uses, and general public welfare to result in desirable land development. Attractive landscaped buffer areas shall be provided between incompatible land use and activities.
3. Front, Side and Rear Setback Standards for Perimeter Lots:
All lots that are located along the perimeter of the PUD shall have minimum front, side and rear setbacks equal to those that would normally be specified in the zoning district prevailing at the time of application for PUD approval or 25 feet, whichever is greater.
4. Off-Street Parking and Loading Facilities:
For all land uses located within the PUD, the parking and loading standards contained in Chapter 1159 shall be applied.
E. Residential (PUD-RES) Development Standards
In addition to the general development standards described in Section 1143.10 D. above, PUD-RES shall meet the following development standards:
1. Clustering Residential Development and Required Open Space:
A minimum of twenty percent (20%) of the land developed for residential purposes in a PUD project shall be reserved for common open space. Clustering residential density is encouraged to provide required common open space. This required amount of common space shall be established as common open space under one ownership, and provisions shall be established for maintenance and care. The legal articles relating to any organization of property owners in the development charged with such open space maintenance shall be submitted to the City. The City Council may require as a condition of final approval, any evidence deemed necessary to document that the required common space shall remain in its stated condition as long as the development exists (including such legal documents as deed restrictions, conservation easements, etc.).
2. Clustering Residential Density:
To achieve a clustering of residential density and to provide for the required common open space, the lot area requirements for residential land uses may be reduced from the densities required under the district(s) applying to the property at the time of application, by up to twenty percent (20%). The lot width and yard requirements for residential lots may be also be reduced as needed to accommodate a variety of structural patterns, clustering designs, and housing types.
3. Residential Dwelling Types
Along with clustering residential density, a PUD-RES may include a mixture of dwelling types, including, single-family detached dwellings, two-family units, zero lot line units, and multi-family units, provided the maximum densities defined in each existing zoning classification is not exceeded.
F. General PUD Approval Procedure
Conceptual Development Plan
The applicant shall submit to Planning Commission a Conceptual Development Plan for conceptual review of the tract of land proposed to be developed. At this Conceptual Development Plan submission, the Commission shall review the proposal and determine the applicability of the proposed tract and project to receive a PUD Overlay designation. This review shall be conceptual in nature and for a PUD, is encouraged to informally present conceptual or preliminary plans to both City Council and the Planning Commission for review prior to extensive engineering and formal submission of a Preliminary and Final Development Plans. Property proposed to receive the PUD Overlay will maintain the existing zone or a new zone as approved by Planning Commission and City Council. The decision to approve a Final Development Plan, and to rezone a property to PUD Overlay may be done concurrently. The PUD Overlay designation shall remain with the tract of land until the Preliminary Development and Final Development Plans are approved by Planning Commission and City Council at which time, the PUD Overlay designation shall transfer to the approved project in lieu of the tract. In the case of the abortion of the project, the zone will return to the base zone and the PUD Overlay designation will be vacated on land and project.
Preliminary Development Plan.
Upon review and approval by Planning Commission of the Conceptual Development Plan, the applicant shall submit a Preliminary Development Plan describing the project in detail to the Planning Commission. The applicant for a PUD shall submit ten (10) copies of the proposed Final Plan to the Zoning Director along with the required application fee. The final plan shall include:
1. The specific description of permitted, conditionally permitted and accessory uses to be allowed in each area of the development.
2. A copy of proposed deed restrictions.
3. The final plan shall be drawn to illustrate:
4. A survey and legal description of the proposed development site, showing dimensions and bearings of the property lines; area in acres; topography (at two foot contour intervals); and existing features of the development site, including major wooded areas, streets, easements, utility lines, existing land uses;
5. The location and dimensions of all lots, setbacks, and building envelopes.
6. Conceptual drawings of sewer and water facilities as well as street and drainage systems.
7. A table indicating acreage devoted to various development types.
8. Landscaping plan for all buffer areas and other common areas.
9. Architectural guidelines to apply throughout the development.
10. The proposed names of all interior streets proposed for the development.
11. Layout and dimensions of all parking and loading areas along with an indication of what they are to be built to serve.
12. Existing or proposed protective covenants, deed restrictions, and form of notices to property owners relative to their interests and responsibilities with respect to open space and recreation facilities.
13. Description of form of organization to be followed in the establishment of a property owners’ association in the event that care and maintenance of common open space and recreation facilities is to be a responsibility of property owners.
14. A description of the expected timing of the development.
In addition to the above, the City Council may require additional information, including but not limited to environmental impact studies and archaeological surveys prepared by appropriate professionals to document the impacts of the development and to address potential mitigation measures. The applicant shall be responsible for reasonable expenses incurred by the City in reviewing final development plans. Such expenses are beyond application fees established by the City and may include professional service fees such as legal expenses or fees from other professionals, such as engineers, landscape architects, planners or environmental scientists, incurred in connection with reviewing the plans submitted.
Final Development Plan.
The applicant for a PUD shall submit ten (10) copies of the proposed Final Development Plan to the Zoning Director along with the required application fee. The final plan shall include those additional items and/or additional information as determined at the Public Hearing held by the Planning Commission as required in Chapter 1183. The Zoning Director, after reviewing the Final Development Plan may forward it directly to City Council for their review and approval. If, in the opinion of the Zoning Director, major changes have been made to the Final Development Plan and differs substantially from the conditions described in the Preliminary Development Plan, the Zoning Director may returned to the Planning Commission for further review and approval before sending to Council. (See Section 1143.10 I).
G. Final Development Plan and Rezoning Approval Procedure Process
The decision to rezone land and/or apply the PUD Overlay designation and to approve the Final Development Plan may be accomplished concurrently. All PUD Final Development Plan submissions are deemed to be an application for amendment to the Zoning Code according to Chapter 1183. All procedures (Planning Commission Review, public hearings and action by the Council), therein shall be followed in considering an application for a rezoning of the land in question or to apply the PUD Overlay designation to the tract of land or project as presented by the applicant. Upon approval of such plan and rezoning, the Official Zoning District Map shall be amended to designate the project area as “PUD- RES or PUD-BUS”. Thereafter, with the concurrent approval of the rezoning and Final Development Plan pursuant to the criteria stated in Section 1143.10 H., all development restrictions and conditions described in the Final Development Plan shall become official requirements of the PUD.
H. Criteria of Approval - Final Plan
The Planning Commission and City Council shall review the proposed Final Plan according to the following criteria:
1. That the proposed development is in conformity with the goals and objectives of the master plan.
2. That the proposed development advances the general health, safety and morals of City.
3. That the interior road system, proposed parking, and any off-site improvements are suitable and adequate to carry anticipated traffic generated by and within the proposed development.
4. That any exception from standard district requirements can be warranted by design and other amenities incorporated in the final development plan, according to these PUD requirements.
5. That the area surrounding said development can be planned and zoned in coordination and substantial compatibility with the proposed development.
6. That the existing and proposed utilities, including water and sewer service, and drainage plan will be adequate for the population densities and non- residential uses proposed in the PUD.
I. Amendments (Changes)
After the final development plan has been approved by the City Council, adjustments or rearrangements of buildings, parking areas, entrances, heights, or yards may be requested by the proponents. Minor changes, as defined herein, are allowed, provided such requests conform to the standards established by the final development plan and this Ordinance. A minor change shall require approval by the Planning Commission and shall include the following:
1. Adjustments to the size and location of buildings, swimming pools, and other on site structures provided:
a) It does not result in an increase in the number of housing units approved in the final plan;
b) It does not encroach materially into the established setback areas;
c) It does not create a larger building mass either through an increase in their height or length that would magnify their effect on the adjoining areas.
2. Alterations to the proposed drives and/or parking areas do not encroach into building areas or specified recreation areas.
3. Adjustments in the size and location of development identification signs.
A major change is any change that does not meet the criteria above and in addition, is one which would constitute a significant alteration in the basic plan design or result in a use different from those originally intended. A major change shall require the re-submittal of the Final Development Plan to Planning Commission as defined in Section 1143.10 F. of that portion of the development proposed to undergo a major change.
(Ord. 15-14. Passed 10-21-14.)
1143.11 LOT AREA, FRONTAGE, AND YARD REQUIREMENTS.
A. Basic Yard, Area, and Height Requirements for Dwellings
City of Harrison Zoning Code | ||||||||
District | Minimum Lot Width (feet) | Minimum Lot Size (square feet) | Front Yard (feet) | Rear Yard (feet) | Side Yard (feet) | Maximum Height | ||
Either Side | Sum of Side Yards | Stories | Feet | |||||
R-O | 100 | 16,500 | 40 | 40 | 12 | 25 | 2.5 | 35 |
R-1 | 90 | 13,500 | 40 | 40 | 12 | 25 | 2.5 | 35 |
R-3 | ||||||||
Single-family | 65 | 8,750 | 25 | 35 | 7 | 15 | 2.5 | 35 |
Two-family | 105 | 6,500 | 25 | 35 | 10 | 23 | 2.5 | 35 |
Multi-family | 125 | 4,500 | 30 | 35 | 20 | 40 | 2.5 | 35 |
R-4 | ||||||||
Single-family | 65 | 8,125 | 25 | 30 | 7 | 15 | 2.5 | 35 |
Two-family | 80 | 5,000 | 25 | 30 | 8 | 20 | 2.5 | 35 |
Multi-family: | ||||||||
Efficiency | 100 | 2,250 | 25 | 30 | 15 | 35 | 3 | 45 |
1 bedroom | 2,500 | 25 | 30 | 15 | 35 | 3 | 45 | |
2 bedroom | 3,000 | 25 | 30 | 15 | 35 | 3 | 45 | |
3+ bedroom | 3,500 | 25 | 30 | 15 | 35 | 3 | 45 | |
Refer to Section 1147.10 | ||||||||
B. Exceptions
The front building line shall be used to measure the minimum frontage or lot width of lots in a cul-de-sac. However, the minimum setback shall meet the requirements of this Ordinance.
C. Floor Area Requirements for Dwellings
The floor area per family in dwellings erected on any lot shall not be less than that established by the following table. In determining floor area, only areas used for living quarters shall be counted. Utility rooms, garages, carports, porches, laundry areas, heater rooms, and uninhabitable basement space are to be excluded.
Minimum Floor Area Required for Each Family Unit (Square Feet) | ||||
Multiple-Family Dwellings | ||||
District | Single- and Two- Family Dwellings | Efficiencies | 1 Bedroom Unit | 2 or More Bedrooms |
R-1 | 1,200 | |||
R-3 | 1,050 | 500 | 750 | 900+125* |
R-4 | 900 | 500 | 650 | 800+125* |
* Add 125 square feet for each additional bedroom beyond two bedrooms.
(Ord. 15-14. Passed 10-21-14.)
D. Requirements for Buildings Other Than Dwellings and Accessory Buildings
The following schedule establishes basic yard, area, lot coverage, and height requirements for all buildings other than dwellings and accessory buildings by district, except as otherwise provided in this chapter.
Requirements for Buildings Other Than Dwellings/Accessory Buildings | |||||||
District | Minimum Lot Width (feet) | Minimum Lot Area (square feet) | Minimum Depth (feet) | Minimum Width for Each Side Yard (feet) | Maximum % of Lot Coverage | Maximum Height of Building (feet) | |
Front Yard | Rear Yard | ||||||
R-1 | 150 | 1 acre | 50 | 50 | 30 | 20 | 35 |
R-3 | 125 | 30,000 | 40 | 40 | 30 | 20 | 35 |
R-4 | 100 | 20,000 | 40 | 40 | 25 | 20 | 35 |
B | 100 | 20,000 | 50 | 30 | None | 40 | 45 |
DRD | 60 | 6,000 | None | 20 | None | 60 | 35 |
M-1 | 150 | 1 acre | 50 | 40 | 30 | 40 | 45 |
M-2 | 250 | 2 acres | 40 | 40 | 30 | 40 | 45 |
OA | 200 | 2 acres | 60 | 60 | 50 | 10 | 35 |
(Ord. 16-21. Passed 11-3-21.)
E. Additional Requirements
1. Child day care facilities, special or private schools, and similar uses shall provide an acceptable open play area requiring Planning Commission approval.
2. The Minimum Lot Area for a Motel or Hotel shall be the greater of the Minimum Lot Area established in Section 1143.11 D. or the number of licensed rentable units times one thousand two hundred and fifty square feet (1,250 s.f.). Further, each licensed unit must contain at least two hundred square feet (200 s.f.) of floor area and provide adequate sanitary provisions and heating. All plans are subject to approval by the Planning Commission and must comply with applicable State, Federal, and City Regulations.
F. Side and Rear Yard Requirements for Non-Residential Uses Abutting R Districts
1. Minimum Yard Requirements
Non-residential uses shall not be located nor conducted closer to any lot line of an R District than the distance specified in the following schedule:
Minimum Side/Rear Yard Requirements for Non-Residential Uses Abutting R Districts | Use |
25 feet | Off-street parking and loading spaces and access drives for non-residential uses. |
50 feet | Churches, schools, and public or semi-public buildings. |
60 feet | Recreation facilities, entertainment facilities, motels, and all business uses. |
80 feet | Outside sale or storage of automobiles, trucks, automobile service stations, building material or construction equipment, bulk material, and all industrial uses. |
G. Height Regulations for Buildings
1. Buildings with a height in excess of the maximum height specified in Section 1143.11 A. and 1143.11 D., may be permitted provided the required front, side, and rear yards are increased by one and one-half feet (1-1/2') for each foot of additional building height above the maximum specified in Section 1143.11 A. and 1143.11 D.
2. The height and location of television and radio antennas or towers, church spires, belfries, monuments, tanks, water and fire towers, stage towers or scenery lofts, cooling towers, ornamental towers and spires, chimneys, silos and similar structures, elevator bulkheads, smokestacks, conveyors, and flagpoles shall be subject to the approval of the Planning Commission.
(Ord. 15-14. Passed 10-21-14.)