Heath City Zoning Code
CHAPTER 1151
Districts Established; Map; General Regulations
1151.01 DISTRICTS ESTABLISHED.
The City is hereby divided into thirteen districts known as:
A-1 Conservation District;
A-2 Agricultural District;
R-S Suburban Residence District;
R-1 Single-Family Residence District;
R-1-S Single-Family Residence District, Small Lot;
R-2 General Residence District;
R-3 Multi-Family Residence District;
B-1 Limited Business District;
B-2 Neighborhood Business District;
B-3 General Business District
M-1 Light Manufacturing District;
M-2 Heavy Manufacturing District; and
MHP Mobile Home Park District.
(Ord. 21-67. Passed 12-4-67.)
1151.02 ZONING MAP.
The districts and boundaries thereof are established as shown on the Zoning Map, which map, together with all notations, references, data, district boundaries and other information shown thereon, shall be part of these Zoning Regulations. The Zoning Map properly attested, shall be and remain on file in the office of the Clerk.
(Ord. 21-67. Passed 12-4-67.)
1151.03 DISTRICT BOUNDARIES.
(a) The district boundary lines on such Map are intended to follow either streets or alleys or lot lines; and, where the districts designated on the map are bounded approximately by such street, alley or lot lines, the street or alley or lot line shall be constructed to be the boundary of the district, unless such boundary is otherwise indicated on the map. In the case of subdivided property, the district boundary lines shall be determined by the use of the scale appearing on the Zoning Map or by dimensions.
(b) Where the boundary of the district follows a railroad line, such boundary shall be deemed to be located midway between the main tracks of such railroad line.
(Ord. 21-67. Passed 12-4-67.)
1151.04 COMPLIANCE WITH REGULATIONS.
No building shall be erected, converted or altered, nor shall any building or land be used except for a purpose permitted in the district in which the building or land is located, except as hereinafter provided. No building shall be erected, enlarged or altered except in conformity with the area regulations, minimum yard requirements and minimum off-street parking space requirements of this Zoning Ordinance for the district in which such building is located.
(Ord. 21-67. Passed 12-4-67.)
1151.05 REAR DWELLINGS.
No building in the rear of a principal building on the same lot shall be used for residential purposes unless it conforms to all the yard and other open space and off-street parking requirements. For the purpose of determining the front yard in such cases, the rear line of the required rear yard for the principal building in front shall be considered the front lot line for the building in the rear. In addition, there must be provided for any such rear dwelling, an unoccupied and unobstructed accessway not less than twenty feet wide, to a public street for each dwelling unit in such dwelling, or one not less than fifty feet wide for three or more dwelling units. (Ord. 21-67. Passed 12-4-67.)
1151.06 STREET FRONTAGE REQUIRED.
Except as permitted by other provisions of these Zoning Regulations, no lot shall contain any building used in whole or part for residential purposes unless such lot abuts for at least forty feet on a street; and, there shall be not more than one single-family dwelling for such frontage.
(Ord. 21-67. Passed 12-4-67.)
1151.07 TRAFFIC VISIBILITY ACROSS CORNER LOTS.
In any R District on any corner lot, no fence, structure or planting shall be erected or maintained within twenty-five feet of the corner (the point of intersection of the right-of-way lines), which interferes with traffic visibility across the corner.
(Ord. 21-67. Passed 12-4-67.)
1151.08 OFF-STREET PARKING AND LOADING.
In any district spaces for off-street parking and for off-street loading shall be provided in accordance with the provisions of Chapter 1183.
(Ord. 21-67. Passed 12-4-67.)
1151.09 ESSENTIAL SERVICES.
The erection, construction, alteration or maintenance, by public utilities or municipal or other governmental agencies, of underground, surface or overhead gas, electrical, steam or water transmission or distribution systems, 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 municipal or other governmental agencies or for the public health or safety or general welfare, but not including buildings. (Ord. 21-67. Passed 12-4-67.)
1151.10 UNSAFE BUILDINGS.
Nothing in these Zoning Regulations shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by proper authority.
(Ord. 21-67. Passed 12-4-67.)
1151.11 VACATED STREET OR ALLEY.
Whenever any street, alley or other public way is vacated by official action as provided by law, the zoning district adjoining the side of such public way shall be extended automatically, depending on the side or sides to which such lands revert, to include the right of way thus vacated, which shall thenceforth be subject to all regulations of the extended district or districts.
(Ord. 21-67. Passed 12-4-67.)
1151.12 ANNEXATIONS.
In every case where property has not been specifically included within a district, the same is hereby declared to be in the A-2 District. Territory annexed to or consolidated with the City subsequent to the effective date of this Zoning Ordinance shall, upon the effective date of such annexation or consolidation become part of the A-2 District (provided such territory is not subject to township zoning regulations at the time of annexation). Such districting shall be temporary and the Commission shall recommend to Council within a period of not more than one year from such date of annexation or consolidation a final zoning map for the annexed territory; provided, however, that nothing shall prevent the Commission from recommending such final zoning map at the time of annexation or consolidation. Upon annexation of territory which is subject to township zoning regulations at the time of annexation, the zoning regulations then in effect shall remain in full force and shall be enforced by the respective township zoning officials until Council, upon recommendation of the Commission, shall officially adopt new regulations for such territory in accordance with Chapter 1129.
(Ord. 21-67. Passed 12-4-67.)
1151.13 ACCESSORY USES IN R DISTRICTS.
An accessory building shall be considered to be any structure having either a floor area of more than eight square feet or a height of more than five feet.
(a) General. An accessory building may be erected detached from the principal building or may be erected as an integral part of the principal building, or it may be connected therewith by a breezeway or similar structure. Except as provided in Chapter 1107, no accessory building shall be erected in any required yard or court, except a rear yard, and shall not occupy more than thirty-five percent (35%) of a required rear yard. Accessory buildings shall be distant at least six feet from any dwelling situated on the same lot unless an integrated part thereof; at least six feet from any other accessory building and at least six feet from any lot lines of adjoining lots which are within an R District.
(b) Corner Lots. In any R District, where a corner lot adjoins in the rear a lot fronting on the side street and located in an R District, no part of an accessory building on such corner lot within twenty-five feet of the common lot line shall be nearer a side street lot line than the least depth of the front yard required along such side street for a dwelling on such adjoining lot, and in no case shall any part of such accessory building be nearer to the side street lot line than the least width of the side yard required for the principal building to which it is accessory.
(c) Front Setback. No accessory use or structure in any R District, except an off-street parking area subject to the provisions of Chapter 1183, shall be permitted nearer to any front lot line than sixty feet, unless such use or structure is contained within or constitutes an integral part of the main building. Provided, that in case of a corner lot where the Board approved the choice by the owner of the longer street lot line as the front lot line, this requirement shall apply only to the distance of an accessory building from the shorter street lot line.
(d) Yard Requirements. Except as provided in Chapter 1105
, an accessory building if not located in the rear yard shall be an integral part of, or connected with, the principal building to which it is accessory, and shall be so placed as to meet all yard and court requirements for a principal building of the same height and other dimensions as such accessory building.
(e) Without Main Buildings. In any R District no accessory building or structure shall be erected or constructed prior to the erection or construction of the principal or main building.
(Ord. 21-67. Passed 12-4-67.)