All the incorporated territory of the City subject to this Zoning Ordinance are divided into one or more of the following districts:

(Ord. 2011-O-1910, Passed 9-12-11)

Four sectional maps of the City, and all notations, references, amendments and supplements, and other information, are hereby made a part of this Zoning Ordinance. The boundaries of all established districts are shown on such maps. The maps are on file in the office of the Planning Commission and Council.

(Ord. 93-O-595, Passed 2-8-93)

The location and boundaries of the districts shall be as shown on the zoning maps. Boundaries are intended to follow street, lot or property lines as they exist, unless such boundaries divide a lot or parcel of ground which was held in single ownership at the time of the adoption of this Zoning Ordinance, the regulation for the portion within the less restricted district shall extend to the entire lot. In the case of unsubdivided property, the location of boundaries shall be determined by the use of the scale appearing on the Official Zoning Maps unless the same is indicated by actual dimensions. When a public right-of-way is vacated, the regulations applicable to abutting property shall apply to such vacated right-of-way.

In cases where district boundaries may be indefinite, or their location is uncertain, the matter shall be referred to the Planning Commission for interpretation and clarification.

(Ord. 81-O-08, Passed 8-3-81)

The following uses shall be permitted of all property located in an Agricultural District. Other uses may be considered and approved by the Board of Zoning Appeals to be of similar character and therefore permitted.

(a)

Agriculture, or buildings and structures commonly required for the operation of a farm;

(b)

One-family dwellings; or two-family dwellings when located on five acres or more;

(c)

Facilities used by the City or City schools, such as garages for more than five trucks or automobiles; storage yards for machinery, garbage or refuse disposal;

(d)

Sawmills, only for temporary operation, if same are used for removing timber on the premises or on abutting properties for a period not exceeding six months;

(e)

Animal hospitals, clinics and kennels;

(f)

Home occupations; and/or

(g)

The keeping of two roomers or boarders by a resident family using the property for the operation of a farm.

(Case 101, 6-29-87; Ord. 87-O-249, Passed 6-29-87)

Only the following accessory uses shall be permitted in this district. Other uses are considered and approved by the Board of Zoning Appeals to be of similar character.

(a)

Accessory buildings and uses incident to any principal use when located on the same lot or tract;

(b)

Temporary stands for the sale of farm products, provided such products are produced on the premises and provided that the stand does not exceed an area of 200 square feet and is located in accordance with the Official Thoroughfare Plan; and/or

(c)

Temporary buildings for the use in conjunction with construction work, which buildings shall be removed upon the completion of the construction work.

(Case 101, 6-29-87; Ord. 87-O-249, Passed 6-29-87)

The following special uses are subject to review in accordance with Chapter 1135:

(a)

Private and public recreational uses such as: fishing lakes, swimming pools, camps and retreats and riding facilities;

(b)

Such recreational uses may include accessory uses limited to persons using the recreational facility;

(c)

Kindergartens, nurseries and day care in accordance with the provisions of Chapter 1135A;

(d)

Residential care facilities in accordance with the provisions of Section 1135B.01 to 1135B.04;

(e)

Places of worship; and

(f)

Private and public utility facilities.

(g)

Bed and breakfast establishments subject to the standards set forth in Section 1123.41.

(Case 267, 7-16-69; Case 13, 9-20-82; Case 55, 7-3-85; Case 101, 6-29-87; Ord. 87-O-249, Passed 6-29-87; Case 182, 2-25-91, Effective 2-25-91; Ord. 91-O-466, Passed 2-25-91; Ord. No. 2023-O-2568, § 2, 2-13-23)

No building shall exceed two and one-half stories or 35 feet in height, excepting agricultural buildings.

(Ord. 81-O-08, Passed 8-3-81)

All lots shall have an area, frontage and yard requirement as follows:

* The front yard shall be measured from the established right-of-way lines as shown on the legal Official Thoroughfare Plan.

(Ord. 81-O-08, Passed 8-3-81)

This district is designed and intended for the utilization of large inaccessible areas.

The following uses shall be permitted of all property located in this District.

(a)

One-family dwellings;

(b)

Home occupations

(Ord. 2011-O-1910, Passed 9-12-11)

Only the following accessory uses shall be permitted in this District.

(a)

Uses customarily incident to all principal permitted uses

(Ord. 2011-O-1910, Passed 9-12-11)

No building shall exceed two and one-half stories or 35 feet in height.

(Ord. 81-O-08, Passed 8-3-81)

All lots shall have an area, frontage and yard requirements as follows:

* Frontage of less than 250 feet, but not less than 50 feet shall be allowed when 75 percent of the land tract is set back 150 feet from the right-of-way and would otherwise be land locked. Access to these areas may be by a lane. The lane shall be a minimum of 50 feet with a 20 foot wide hard surfaced driveway with turnarounds to meet the dimensions illustrated on the drawing at the end of this chapter, and with the shaded areas to be hard surfaced. The lane shall be at least three times longer than it is wide to qualify as a lane and cannot contain more than 25 percent of the total area. Lanes should be bounded by parallel lot lines of uniform width. A lane may widen as it goes back from the right-of-way, but shall still meet the area and depth requirements. It may never be narrower than 50 feet.

Lanes shall be submitted in detail from the point of existing pavement within the right-of-way to the turnaround at the end of the lane along with a topography map of the lane, at two foot elevation intervals.

The front yard shall be measured from the established right-of-way lines as shown on the legal Official Thoroughfare Plan.

(Ord. 81-O-08, Passed 8-3-81)

(a)

Kindergartens, day care centers or nurseries in accordance with the provisions of Chapter 1135A shall be permitted as a conditional use variance.

(b)

When up to four separate tracts are set off the right-of-way, a single 50 foot lane may be used by all for access when:

(1)

All four are adjacent and fronting on the lane;

(2)

All four enter into a common ownership agreement; and

(3)

There are no other points of access to such tracts.

If the lot meets the area standards requirements, but the frontage is less than 250 feet and no lane requirements can be met, it may be considered for rezoning as an Estate Residential District on a unique lot basis by the Planning Commission and Council if it meets the intent of the District.

(c)

When there are five to eight lots served by a single lane, the minimum lane sizes shall be 75 feet wide with a 30 foot hard surface driveway.

(1)

All eight are adjacent and fronting on the lane;

(2)

All eight enter into a common ownership agreement; and

(3)

There are no other points of access to such tracts.

(Ord. 81-O-08, Passed 8-3-81)

The following uses shall be permitted of all property located in this District:

(a)

One-family dwellings; and

(b)

Home occupations.

(Ord. 81-O-08, Passed 8-3-81)

Only the following accessory uses shall be permitted in this District.

(a)

Uses customarily incident to all principal permitted uses.

(Ord. 2011-O-1910, Passed 9-12-11)

No building shall exceed two and one-half stories or 35 feet in height.

(Ord. 81-O-08, Passed 8-3-81)

All lots shall have an area, frontage and yard requirements as follows:

* The front yard shall be measured from the established right-of-way lines as shown on the legal Official Thoroughfare Plan.

(Ord. 81-O-08, Passed 8-3-81)

The following shall be permitted as a special use:

(a)

Kindergartens, day care centers or nurseries in accordance with the provisions of Chapter 1135A;

(b)

Residential care facilities in accordance with the provisions of Chapter 1135B; and

(c)

Places of worship.

(Case 267, 7-16-69; Ord. 81-O-08, Passed 8-3-81; Case 13, 9-20-82; Case 55, 7-3-85; Ord. 85-O-175, Passed 6-3-85; Case 101, 6-29-87)

The following uses shall be permitted of all property located in this District:

(a)

One-family dwellings; and

(b)

Home occupations.

(Ord. 81-O-08, Passed 8-3-81)

Only the following accessory uses shall be permitted in this District:

(a)

Uses customarily incident to all principal permitted uses;

(b)

One name plate for each dwelling indicating the name of the occupant; and

(c)

Temporary buildings and uses for construction purposes not to exceed 12 months.

(Case 336, 9-30-73; Ord. 81-O-08, Passed 8-3-81; Ord. No. 2019-O-2398, § 1, 10-14-19)

No building shall exceed two and one-half stories or 35 feet in height.

(Ord. 81-O-08, Passed 8-3-81)

All lots shall have an area, frontage and yard requirements as follows:

* The front yard shall be measured from the established right-of-way lines as shown on the legal Official Thoroughfare Plan.

(Ord. 81-O-08, Passed 8-3-81)

The following shall be permitted as a special use:

(a)

Kindergartens, day care centers or nurseries in accordance with the provisions of Chapter 1135A;

(b)

Residential care facilities in accordance with the provisions of Chapter 1135B; and

(c)

Places of worship.

(Case 267, 7-16-69; Ord. 81-O-08, Passed 8-3-81; Case 13, 9-20-82; Case 55, 7-3-85; Ord. 85-O-175, Passed 6-3-85; Case 101, 6-29-87)

The following uses shall be permitted of all property located in this District:

(a)

One-family dwellings; and

(b)

Home occupations.

(Ord. 81-O-08, Passed 8-3-81)

Only the following accessory uses shall be permitted in this District:

(a)

Uses customarily incident to all principal permitted uses;

(b)

One name plate for each dwelling indicating the name of the occupant; and

(c)

Temporary buildings and uses for construction purposes not to exceed 12 months.

(Case 336, 9-30-73; Ord. 81-O-08, Passed 8-3-81; Ord. No. 2019-O-2398, § 1, 10-14-19)

No building shall exceed two and one-half stories or 35 feet in height.

(Ord.

81-O-08, Passed 8-3-81)

All lots shall have an area, frontage and yard requirements as follows:

* The front yard shall be measured from the established right-of-way lines as shown on the legal Official Thoroughfare Plan.

(Ord. 81-O-08, Passed 8-3-81)

The following shall be permitted as a special use:

(a)

Kindergartens, day care centers or nurseries in accordance with the provisions of Chapter 1135A; and

(b)

Residential care facilities in accordance with the provisions of Chapter 1135B.

(Case 267, 7-16-69; Case 13, 9-20-82; Ord. 81-O-08, Passed 8-3-81; Case 101, 6-29-87)

The following uses shall be permitted of all property located in this District:

(a)

One-family dwellings; and

(b)

Home occupations.

(Ord. 81-O-08, Passed 8-3-81)

Only the following accessory uses shall be permitted in this District:

(a)

Uses customarily incident to all principal permitted uses;

(b)

One name plate for each dwelling indicating the name of the occupant; and

(c)

Temporary buildings and uses for construction purposes not to exceed 12 months.

(Case 336, 9-30-73; Ord. 81-O-08, Passed 8-3-81; Ord. No. 2019-O-2398, § 1, 10-14-19)

No building shall exceed two and one-half stories or 35 feet in height.

(Case 336, 9-30-73; Ord. 81-O-08, Passed 8-3-81)

All lots shall have an area, frontage and yard requirements as follows:

* The front yard depth shall be measured from the established right-of-way lines as shown on the legal Official Thoroughfare Plan.

(Ord. 81-O-08, Passed 8-3-81)

The following shall be permitted as a special use:

(a)

Kindergartens, day care centers or nurseries in accordance with the provisions of Chapter 1135A.

(Case 267, 7-16-69; Ord. 81-O-08, Passed 8-3-81; Case 101, 6-29-87)

The following uses shall be permitted of all property located in this District:

(a)

One-family dwellings; and

(b)

Home occupations.

(Ord. 81-O-08, Passed 8-3-81)

Only the following accessory uses shall be permitted in this District:

(a)

Uses customarily incident to all principal permitted uses;

(b)

One name plate for each dwelling indicating the name of the occupant;

(c)

A sign advertising sale, rent, lease or trade of the property upon which such sign is placed; and

(d)

Temporary buildings and uses for construction purposes not to exceed 12 months.

(Case 336, 9-30-73; Ord. 81-O-08, Passed 8-3-81)

No building shall exceed two and one-half stories or 35 feet in height.

(Ord. 81-O-08, Passed 8-3-81)

All lots shall have an area, frontage and yard requirements as follows:

* The front yard depth shall be measured from the established right-of-way lines as shown on the legal Official Thoroughfare Plan.

(Ord. 81-O-08, Passed 8-3-81)

The following shall be permitted as a special use:

(a)

Kindergartens, day care centers or nurseries in accordance with the provisions of Chapter 1135A.

(Case 267, 7-16-69; Ord. 81-O-08, Passed 8-3-81; Case 101, 6-29-87)

The following uses shall be permitted of all property located in this District:

(a)

No lot shall have more than four dwelling units; and

(b)

Home occupations.

(Case 447, 5-28-80; Ord. 81-O-08, Passed 8-3-81)

Only the following accessory uses shall be permitted in this District:

(a)

Uses customarily incident to all principal permitted uses;

(b)

One name plate for each family unit indicating the name of the occupant; and

(c)

Temporary buildings and uses for construction purposes not to exceed 12 months.

(Ord. 81-O-08, Passed 8-3-81; Ord. No. 2019-O-2398, § 1, 10-14-19)

No buildings shall exceed two stories or 25 feet in height.

(Ord. 99-O-1143, Passed 10-25-99)

All lots shall have an area, frontage and yard requirements as follows:

* The front yard shall be measured from the established right-of-way lines as shown on the legal Official Thoroughfare Plan.

(Ord. 81-O-08, Passed 8-3-81)

Only the following uses as approved by the Planning Commission shall be permitted of all property located in this District:

(a)

One or more two-to-ten family dwellings; and

(b)

Home occupations.

(Case 301; Ord. 96-O-928, Passed 11-25-96)

Only the following accessory uses shall be permitted in this District:

(a)

Uses customarily incident to all principal uses;

(b)

One name plate for each family unit indicating the name of the occupant;

(c)

Directional signs pertaining to public carriers and real estate; and

(d)

Temporary buildings and uses for construction purposes not to exceed 12 months.

(Case 301; Ord. 96-O-928, Passed 11-25-96; Ord. No. 2019-O-2398, § 1, 10-14-19)

No building shall exceed two stories or 35 feet in height.

(Case 301; Ord. 96-O-928, Passed 11-25-96)

Only the following area standards as approved by the Planning Commission shall be permitted of all property located in this District:

(a)

The minimum lot area shall be five and five-tenths acres retained under single ownership or as a co-operative owned by a corporation.

(b)

The minimum lot area per family unit shall be 3,000 square feet.

(c)

The minimum yard area per family unit shall be 2,400 square feet.

(d)

The minimum distance between any building and the established right-of-way as shown on the legal Official Thoroughfare Plan shall be 25 feet.

(e)

The minimum distance between any building and the adjoining lots shall be 25 feet.

(f)

The minimum distance between any two buildings shall be 40 feet.

(g)

The minimum distance between any building and any automobile driveway, cul-de-sac or parking area shall be 20 feet.

(h)

The minimum width of any automobile driveway or cul-de-sac shall be 20 feet.

(i)

All cul-de-sacs shall be provided with a turnaround at the closed end.

(j)

The minimum parking area for each family unit shall be adequate for one and one-half automobiles. The parking area shall be in the vicinity of the family unit and shall not be part of the driveway, cul-de-sac or public thoroughfare.

(Case 301, 10-8-96; Ord. 96-O-928, Passed 11-25-96)

The following uses shall be permitted of all property located in this District:

(a)

One family dwelling on a lot;

(b)

Two to eight family dwellings, with each dwelling on a lot; and

(c)

Home occupations.

(Ord. 81-O-08, Passed 8-3-81)

Only the following accessory uses shall be permitted in this District:

(a)

Uses customarily incident to all principal permitted uses;

(b)

One name plate for each dwelling indicating the name of the occupant; and

(c)

Temporary buildings and uses for construction purposes not to exceed 12 months.

(Ord. 81-O-08, Passed 8-3-81; Ord. No. 2019-O-2398, § 1, 10-14-19)

No building shall exceed two and one-half stories or 35 feet in height.

(Ord. 81-O-08, Passed 8-3-81)

All lots shall have an area, frontage and yard requirements as follows:

In all cases the distance between buildings (containing two to eight family dwellings) shall be 20 feet.

* The front yard depth shall be measured from the established right-of-way lines as shown on the Official Thoroughfare Plan.

(Ord. 81-O-08, Passed 8-3-81)

Except when specifically modified by this chapter, the provisions of Chapter 1181, "General Provisions" shall govern. In addition, the following development standards apply:

(a)

Dwelling Unit Density. Dwelling unit density for the entire District shall not exceed 12 dwelling units for any given acre of land.

(b)

Character of the Neighborhood. Use of this zoning district shall be considered only when the district is bounded at least on one side by R-5, R-6, R-7, O-1, O-2, B or I Districts.

(c)

Minimum R-7 Land Area Requirement. A minimum of one acre shall be required.

(Ord. 81-O-08, Passed 8-3-81)

The provisions of Chapter 1185 "Parking and Loading" shall apply, except that at least two parking spaces shall be provided for each family unit constructed without an attached or detached single car garage, and at least one parking space shall be provided for each family unit with an attached or detached single car garage.

(Ord. 81-O-08, Passed 8-3-81)

The distribution systems for utilities are required to be underground.

(Ord. 81-O-08, Passed 8-3-81)

The establishment of an R-7 Residence District shall be in accordance with Chapter 1129 and shall include the following:

(a)

Basic Development Plans. A plan for the proposed District, consisting of appropriate maps, drawings and textual material, shall be submitted and include the following elements of information:

(1)

Significant physical features, including general topography showing ten foot contours, tree cover and drainage-ways;

(2)

Property boundaries of the District;

(3)

Current zoning of the District and of the properties adjoining the District;

(4)

Major vehicular circulation pattern throughout the District and how the interior streets and roadways connect with adjacent thoroughfares;

(5)

A schedule for development of the District. If the District is to be developed in stages, a schedule for each stage shall be submitted; and

(6)

The applicant shall demonstrate that the proposed development shall not have an adverse impact on the storm, water, sanitary or street systems.

(b)

Proof of Unified Control and Resources. The applicant shall submit evidence that he has sufficient resources and control over the tract of land constituting the proposed district to accomplish the proposed plan.

(Ord. 81-O-08, Passed 8-3-81)

Before a zoning certificate is released a detailed development plan shall be submitted as follows.

(a)

The applicant shall submit a detailed development plan to the Planning Commission and Council for a section not to exceed 60 units for review and approval. Such approval constitutes authority for the issuance of the appropriate zoning certificate.

(b)

If the District is to be developed in a single stage the detailed plan shall apply to the whole District. If the District is to be developed in multiple stages, the detailed plans need only apply to the stage to be developed. In that case any zoning certificate issued shall be restricted to the stage covered by the detailed plan.

(c)

The detailed plan shall be prepared and endorsed by a professionally qualified person such as a civil engineer, architect or urban planner.

(d)

The detailed development plan, consisting of appropriate maps, drawings and textual material shall include the following elements of information:

(1)

Plat and survey of the tract to be developed showing significant existing physical features, such as a topography, tree cover, drainageways, streets, easements and utility lines;

(2)

Site plan showing uses, grading, lot lines, building outlines, off-street parking spaces, sidewalks, fences and dedicated streets;

(3)

Plans for landscaping including identification of areas to be left in their natural state;

(4)

Restrictive covenants that are to be recorded; and

(5)

Record plat in accordance with subdivision regulations showing each lot.

(e)

Approval by Council.

(1)

Within 30 days after its submission, Council shall consider the detailed development plans in its original or modified form. Council shall consider the comments and recommendations of the Commission. No detailed development plan which differs from that recommended by the Commission shall take effect unless approved by not less than a majority of the membership of Council.

(2)

Any modification or change in the detailed development plan shall be considered for approval by Council.

(f)

Issuance of Zoning Certificates. Before any building permit may be issued in the "R-7" Multi-Residence District, all agreements and contracts shall be submitted in a form acceptable to the City. The area described in the detailed development plan shall be platted and conform to the City Subdivision Regulations as per Ohio R.C. Chapter 711.

(Ord. 81-O-08, Passed 8-3-81)

The record plat shall be recorded prior to issuance of the building permit for each lot.

(Ord. 81-O-08, Passed 8-3-81)

(a)

The Planning Commission shall place on the agenda of its regularly scheduled meeting for review at any time, but in no event later than two years after, each R-7 District has been granted by Council in every instance where all the originally proposed construction has not been completed.

(b)

The owner and/or lessee of the parcel in the subject R-7 District shall be given notice by registered mail at least 15 days prior to the date of the review of the time and place where the Commission shall conduct this review.

(c)

The Commission shall conduct its review for the purpose of determining whether the originally proposed use and development plan are still consistent with the present land use planning needs of the community. If this Commission determines that such use and/or development plan is no longer consistent with the land use planning needs of the community, then the Commission shall consider recommending amending the originally approved use and/or development plan.

(Case 16, 8-26-82; Ord. 81-O-08, Passed 8-3-81)

The following uses shall be permitted of all property located in this District which shall be limited to that area as depicted on the attached map and shall not be allowed to expand.

(1)

One family dwellings.

(2)

Home occupations.

(Ord. 93-O-595, Passed 2-8-93)

Only the following accessory uses shall be permitted in this District.

(1)

Uses customarily incident to all principal permitted uses.

(2)

One name plate for each dwelling indicating the name of the occupant.

(3)

Temporary buildings and uses for construction purposes not to exceed 12 months.

(Case 336, 9-30-73; Ord. 93-O-595, Passed 2-8-93; Ord. No. 2019-O-2398, § 1, 10-14-19)

No building shall exceed two and one-half stories or 35 feet in height.

(Ord. 93-O-595, Passed 2-8-93)

All lots shall have an area, frontage and yard requirements as follows:

* The front yard depth shall be measured from the established right-of-way lines as shown on the legal Official Thoroughfare Plan.

(Case 265, 6-12-95; Ord. 95-O-801, Passed 6-12-95)

(1)

Kindergartens, day care centers or nurseries in accordance with the provisions of Chapter 1135A.

(Case 267, 7-16-69; Case 101, 6-29-87; Ord. 93-O-595, Passed 2-8-93)

(a)

Cornices and eaves may project not to exceed three feet over any minimum required yard, provided that any such projection shall not be less than two feet from any lot line.

(b)

Sills, leaders, belt courses and similar ornamental structures may project six inches over any minimum yard or court.

(c)

A bay window, entrance, balcony, vestibule or chimney may project a distance not to exceed three feet in any front or rear yard and a chimney may project a distance not to exceed three feet in any side yard provided that such features do not occupy in the aggregate, more than one-third of the length of the wall on which they are located.

(d)

A carport may extend into any side yard to a distance up to five feet from the side lot line and into any rear yard any distance up to ten feet from the rear lot line. In any case, the carport shall not be constructed closer than 15 feet from any thoroughfare, road or street.

(e)

A patio cover or porch shall not project into the side or rear yard more than 16 feet from the building line of the dwelling provided it does not come nearer to the side or rear lot line than five feet. In any case, the patio cover or porch shall not be constructed closer than 15 feet from any thoroughfare, road or street.

A front porch cover shall be constructed a minimum of nine feet from the right-of-way in RMV, Residence District, provided it is not screened or enclosed on any of the three sides. Nothing in this paragraph shall be construed to affect side or rear yard setback requirements.

An enclosed patio shall not project into the rear yard more than 12 feet from the building line and further provided it does not come nearer to any side lot line than the minimum requirement set forth for the district.

No part of any awning shall be less than seven feet above the sidewalk level.

(Case 388, 10-16-77; Case 51, 2-28-85; Ord. 93-O-595, Passed 2-8-93)

The following uses shall be permitted of all property located in this District:

(a)

Business offices;

(b)

Professional offices, including medical and dental clinics and offices;

(c)

Financial offices, including banks, savings and loan associations, and finance companies;

(d)

Utility company offices;

(e)

Professional and business schools;

(f)

Schools and studios for music, arts, crafts, dance and photography; and

(g)

Mortuaries and funeral parlors with living accommodations for the owner or manager.

(Ord. 81-O-08, Passed 8-3-81)

Only the following accessory uses shall be permitted in this District:

(a)

Uses customarily incident to all principal permitted uses; and

(b)

Pharmacies.

(Ord. 81-O-08, Passed 8-3-81)

The above specified office commercial uses shall be conducted wholly within a completely enclosed building except for a drive-in bank facility and off-street parking and loading.

(Ord. 81-O-08, Passed 8-3-81)

The maximum height shall be three stories, not to exceed 40 feet.

(Ord. 81-O-08, Passed 8-3-81)

All lots shall have an area, frontage and yard requirements as follows:

* The front yard depth shall be measured from the legal established right-of-way lines as shown on the legal Official Thoroughfare Plan.

(Ord. 81-O-08, Passed 8-3-81)

The following shall be permitted as a special use:

(a)

Places of worship.

(Case 55, 7-3-85; Ord. 85-O-175, Passed 6-3-85; Case 101, 6-29-87)

Only the following principal uses shall be permitted in this District unless otherwise considered and approved by the Board of Zoning Appeals to be of similar character:

(a)

Stores and shops for the conducting of any retail business;

(b)

Plumbing and heating shop, television shop and self-service laundry;

(c)

Banks, Credit Unions, Savings and Loans;

(d)

Barber shops and beauty parlors;

(e)

Dressmaking, millinery, shoe and tailor shops, and those shops doing pressing and receiving dry cleaning;

(f)

Offices; and

(g)

Restaurants, cafes, tearooms and other eating places.

(Ord. 2011-O-1910, Passed 9-12-11)

Only the following accessory uses shall be permitted in this District unless otherwise considered and approved by the Board of Zoning Appeals to be of similar character:

(a)

Accessory uses and structures as permitted in any "R" District; and

(b)

Other accessory uses and structures not otherwise prohibited, customarily accessory and incidental to any permitted use.

(Ord. 81-O-08, Passed 8-3-81)

(a)

The above specified businesses, services, processing or storage shall be conducted wholly within a completely enclosed building except for off-street automobile parking and loading.

(b)

In any "B-1" District fronting directly across the street from any "R" District, the parking and loading facilities shall be distant, at least 25 feet from the established right-of-way line, and the building or the structures at least 75 feet from the established right-of-way line per the Official Thoroughfare Plan or the recorded deed.

(c)

Reserved.

(d)

Processes and equipment employed and goods processed or sold shall be limited to those which are not objectionable as determined by the Board of Zoning Appeals by reason of odor, dust, smoke, cinders, gas fumes, noise, vibration, refuse matter or water carried waste.

(Case 443, 4-2-80; Ord. 81-O-08, Passed 8-3-81; Ord. 2007-O-1724, Passed 11-26-07)

The maximum height shall be three stories not to exceed 40 feet.

(Ord. 81-O-08, Passed 8-3-81)

All lots shall have an area, frontage and yard requirements as follows:

* The front yard depth shall be measured from the established right-of-way lines as shown on the legal Official Thoroughfare Plan.

(Ord. 81-O-08, Passed 8-3-81)

The following shall be permitted as a special use:

(a)

Fraternal organizations, service clubs and other nonprofit organizations in accordance with the provisions of Chapter 1135. In addition to the criteria set forth in Chapter 1135, the parking requirements have to be reviewed yearly.

(b)

Places of worship.

(Case 469, 9-24-81; Ord. 81-O-08, Passed 8-3-81; Case 55, 7-3-85; Ord. 85-O-175, Passed 6-3-85; Case 101, 6-29-87)

The following principal uses and no other shall be permitted in this District:

(a)

All uses permitted in the "B-1" District;

(b)

Automobile parking lots;

(c)

Theatres and assembly halls;

(d)

Funeral homes and mortuaries;

(e)

Printing shop, furniture shop, interior decorating and upholstering shop;

(f)

Entertainment establishments provided all buildings are distant at least 100 feet from any "R" District;

(g)

Retail greenhouse;

(h)

Dyeing and cleaning works;

(i)

Bowling alley, skating rink and pool hall; and

(j)

Bakery, laundry, wholesale business, storage or warehouse.

(k)

Reserved.

(Ord. 81-O-08, Passed 8-3-81; Case 31, 3-28-83; Ord. 83-O-113, Passed 3-28-83; Ord. 93-O-654, Passed 9-13-1993)

Only the following accessory uses shall be permitted in this District unless otherwise considered and approved by the Board of Zoning Appeals to be of similar character:

(a)

Accessory uses and structures permitted and as regulated in the "B-1" District;

(b)

Accessory uses and structures customarily incidental to any permitted principal use, except of a type which is prohibited in any "I" District as a principal use; and

(c)

Any kind of manufacturing or treatment incidental to the conduct of a retail business conducted on the premises.

(Ord. 81-O-08, Passed 8-3-81; Ord. 93-O-654, Passed 9-11-93)

No structure shall exceed three stories or 40 feet in height.

(Ord. 81-O-08, Passed 8-3-81)

All lots shall have an area, frontage and yard requirements as follows:

* The front yard depth shall be measured from the legal established right-of-way lines as shown on the legal Official Thoroughfare Plan.

(Ord. 81-O-08, Passed 8-3-81)

(a)

The above specified businesses, services, processing or storage shall be conducted wholly within a completely enclosed building except for the sale of automotive fuel, lubricants and fluids at service stations and except for off-street automobile parking and loading.

(b)

In any "B-2" District fronting directly across the street from any "R" District the parking and loading facilities shall be distant, at least 25 feet from the established right-of-way line, and the building or the structures at least 75 feet from the established right-of-way line per the Official Thoroughfare Plan or the recorded plat.

(Case 311, 4-15-72; Case 352, 7-24-74; Case 443, 4-2-80; Ord. 81-O-08, Passed 8-3-81)

The following shall be permitted as a special use:

(a)

Fraternal organizations, service clubs and other nonprofit organizations in accordance with the provisions of Chapter 1135. In addition to the criteria set forth in Chapter 1135, the parking requirements have to be reviewed yearly; and

(b)

Places of worship.

(Case 469, 9-24-81; Ord. 81-O-08, Passed 8-3-81; Case 55, 7-3-85; Ord. 85-175, Passed 6-3-85; Case 101, 6-29-87)

The following principal uses and no other shall be permitted in this District:

(a)

All uses permitted in the "B-1" and "B-2" Districts;

(b)

Hotel and Motel;

(c)

Animal hospital, veterinary clinic or kennel, provided, however, any structure or premises used for such purposes shall be at least 200 feet from any "R" District and, provided further, that any exercise runways shall be effectively screened by a masonry wall or solid fence minimum six feet in height;

(d)

Drive-in eating and drinking establishments, summer gardens when approved by the Board of Zoning Appeals;

(e)

Establishments for display, hire, sale and repair of new and used farm implements, automobiles, trailers and boats;

(f)

Theatres, provided the screen shall be set back at least 200 feet from any established right-of-way;

(g)

Lumber yard;

(h)

Sign shop;

(i)

Newspaper publishing establishment;

(j)

Commercial greenhouse.

(k)

Sweepstakes cafe.

(Ord. 2012-O-1948, Passed 3-12-12)

Only the following accessory uses shall be permitted in this District unless otherwise considered and approved by the Board of Zoning Appeals to be of similar character:

(a)

Accessory uses and structures permitted and as regulated in the "B-1" and "B-2" Districts;

(b)

Accessory uses and structures customarily incidental to any permitted principal use; and

(c)

Any kind of manufacturing or treatment incidental to the conduct of a retail business conducted on the premises.

(Ord. 2011-O-1910, Passed 9-12-11)

No structure shall exceed three stories or 40 feet in height.

(Ord. 81-O-08, Passed 8-3-81)

All lots shall have an area, frontage and yard requirements as follows:

* The front yard depth shall be measured from the legal established right-of-way lines as shown on the legal Official Thoroughfare Plan.

(Ord. 81-O-08, Passed 8-3-81)

In any "B-3" District fronting directly across the street from any "R" District the parking and loading facilities shall be distant, at least 25 feet from the established right-of-way line, and the building or the structures at least 75 feet from the established right-of-way line per the Official Thoroughfare Plan or the recorded plat.

(Case 443, 4-2-80; Ord. 81-O-08, Passed 8-3-81)

The following shall be permitted as a special use:

(a)

Fraternal organizations, service clubs and other nonprofit organizations in accordance with the provisions of Chapter 1135. In addition to the criteria set forth in Chapter 1135, the parking requirements have to be reviewed yearly; and

(b)

Places of worship.

(Case 469, 9-24-81; Ord. 81-O-08, Passed 8-3-81; Case 55, 7-3-85; Ord. 85-175, Passed 6-3-85; Case 101, 6-29-87)

(a)

Purpose. This District is intended to provide for a mix of light industrial, commercial, and office uses in areas of the community which not only possess characteristics suitable for business development but which also directly abut at least in part property zoned for medium or high density residential use. Uses permitted in this District shall be operated in a clean and quiet manner and are subject to additional performance standards required to protect adjacent property zoned for medium to high density residential use. Uses which may present problematic characteristics are administered as special uses.

(b)

Definition. For the purposes of this chapter only, the term "medium or high density residential use" shall mean property zoned either R-4, R-4B, R-5, R-6, R-7, or PR District on the City's Official Zoning Map.

(Case 253, 6-12-95; Ord. 95-O-803, Passed 6-12-95)

(a)

Permitted Uses. The following uses shall be considered as permitted uses unless otherwise noted:

(1)

Light manufacturing, compounding, processing, assembling, packaging or treatment of goods, materials and products. *

(2)

Office buildings.

(3)

Commercial printing and publishing.

(4)

Warehouse/distribution facilities. **

(5)

Technical services and professional offices, including but not limited to architects, engineers, surveyors, data processing facilities, testing laboratories and technical schools.

(6)

Motels and hotels.

(7)

All uses permitted in the B-1, B-2, B-3, O-1, and PO Districts except those defined herein as a special use or as a prohibited use.

(8)

Public utility buildings and utility structures. *

(9)

Garages for storage, repair and servicing of motor vehicles, including but not limited to body repair, painting, and engine rebuilding. *

(10)

Motor vehicle washing facilities. *

(11)

Automobile service stations.*

* These permitted uses shall be considered as Special Uses when located on any lot which directly abuts a property zoned for medium or high density residential use. See subsection (c) hereof, Special Uses.

** This permitted use shall be considered as a Prohibited Use when located on any lot which directly abuts a property zoned for medium or high density residential use. See subsection (d) hereof, Prohibited Uses.

(b)

Accessory Uses.

(1)

An accessory use, building or other structure customarily incidental and secondary to any principal permitted use or use requiring special approval.

(2)

Temporary buildings for uses incidental to construction work, provided these buildings shall be removed upon the completion or abandonment of the construction work.

(c)

Special Uses. The following uses shall be considered as special uses when located on any lot which directly abuts a property zoned for medium or high density residential use:

(1)

Light manufacturing, compounding, processing, assembling, packaging or treatment of goods, materials and products.

(2)

Public utility buildings and utility structures.

(3)

Garages for storage, repair and servicing of motor vehicles, including but not limited to body repair, painting, and engine rebuilding.

(4)

Motor vehicle washing facilities.

(5)

Automobile service stations.

(d)

Prohibited Uses. The following uses are specifically prohibited:

(1)

Transportation terminals, including trucking or motor freight terminals.

(2)

Truck stops.

(3)

Industrial laundries and dry cleaning plants.

(4)

Mining or the extraction of gravel or other materials.

(5)

Heavy industry including but not limited to paper manufacturing, meat packing, fuel storage or distribution, waste water or water treatment plants, power generation plants or resource recovery or extracting. Expressly prohibited are salvage, wrecking or demolition or junk yard uses, the storage or compounding of large quantities of explosives, or the storage or production of large quantities of toxic/hazardous material or waste, asphalt or concrete mixing or batching plants, refining of metals or metal ores or petroleum products, or stockyards or slaughterhouses.

(6)

Warehouse/distribution facilities when located on any lot which directly abuts a property zoned for medium or high density residential use.

Commentary: This group of prohibited uses contains many uses which have potential for significant negative impact on any uses which would locate relatively close to them. This group differs from light industrial uses in that it includes uses that may require unclosed structures that are large, tall or unsightly. These uses also have the potential for generation of dust, dirt, noise, odor and unsightly conditions and may involve large amounts of exterior storage.

(Case 253, 6-12-95; Ord. 95-O-803, Passed 6-12-95)

(j)

Screening requirements. When abutting any property zoned for medium or high density residential use, the following screening standards and requirements shall be applicable:

(1)

Any existing vegetation located within the required setback for the yard directly abutting the residentially zoned property which serves as a natural screen shall not be disturbed in any manner unless required for private security, public health or safety reasons or if required to meet the additional screening requirements set forth in subsection (j)(2) hereof.

(2)

An earthen mound shall be constructed within the required setback for any yard directly abutting the residentially zoned property. The mound shall be constructed adjacent to the residentially zoned property and aligned with any existing mound located within the setback for any similar yard of any immediately adjacent property. Said mound shall be a minimum of six feet in height and be as wide as necessary to obtain a maximum slope of three to one (angle of repose). The mound/berm itself shall have a grass or other suitable vegetative cover to prevent erosion. On top of the mound/berm, a staggered row of trees shall be planted ten feet apart. Said trees must be of a variety which maintains dense foliage 365 days a year (nondeciduous) and have a minimum caliper of two inches when planted.

(3)

All trees, grass ground covers and other plantings shall be well maintained, properly weeded, mulched and kept free of trash and other unsightly material and/or debris. Required screening material which does not survive shall be replaced by an owner within six months after the material dies.

(4)

No variance shall be granted by the City for any of the screening requirements set forth above with the following exception:

A variance from the screening requirement set forth in subsection (j)(2) hereof may be applied for if within the required setback for any yard directly abutting the residentially zoned property there exists an existing natural vegetative buffer/screen. The Board of Zoning Appeals shall not grant any such variance if the existing natural vegetative buffer/screen as might be supplemented by additional planting or mounding materials does not meet the same quality of screening as measured by height, opacity, and density as required under subsection (j)(2) hereof.

(k)

Parking and Loading. See Chapter 1185 for off-street parking and loading requirements except as described in subsection (m) hereof.

(l)

Signs. See Chapter 1189 for size and location of permitted signs except for the following:

(1)

No wall signs shall be permitted on the side of a building which is located in any yard which directly abuts any property zoned for medium or high density residential use.

(2)

No variances may be granted for the maximum permitted height of any free standing ground or monument sign for any sites immediately adjoining any property zoned for medium or high density residential use.

(m)

Lighting. No exterior lighting shall be permitted in any yard which directly abuts any property zoned for medium or high density residential use except for ground mounted security lights which are oriented such that only the property itself is illuminated. All other exterior lighting must be on mounted poles and have adequate illumination controls (e.g. shoe-box type fixture).

(n)

Building Materials. No all-metal facade buildings shall be permitted for construction on any lot which abuts a property zoned for medium or high density residential use. On such lots, the use of any proposed metal siding material shall be subject to the approval of the Director of Public Service or his/her designee.

(o)

Utilities. New on-site electrical lines and telephone lines shall be placed underground. Transformer or terminal equipment shall be visually screened from streets and adjacent property.

(p)

Trash and Garbage Control. Trash and garbage shall be stored and controlled in container systems located and enclosed to effectively screen them from view.

(q)

Site Plan Approval. Prior to obtaining a zoning certificate for any proposed actual development on a site located in the EP District, an applicant shall submit a site plan to the Director of Public Service or his/her designee for approval. Such site plan shall graphically include the location and dimensions of vehicular entrances, exits, internal circulation pattern, off-street parking and loading facilities, lighting, and screening/landscaping. No site plan shall be approved unless it explicitly conforms with the EP District regulations/design standards set forth herein.

(r)

Determination of Compliance.

(1)

The Director of Public Service or his/her designee shall, prior to issuing a certificate of occupancy, determine in writing that the development complies in all aspects with the previously approved site plan including but not limited to the following design standards required whenever the proposed development abuts property zoned for medium or high density residential use:

A.

All required building and parking area setbacks have been complied with.

B.

A landscaped buffer has been constructed in accordance with the specifications of subsection (j) hereof.

C.

No exterior lighting has been installed in any yard which directly abuts any property zoned for medium or high density residential use except for permitted security lights. All other exterior lighting has been mounted on poles and has adequate illumination controls (e.g. shoe-box type fixtures).

D.

No wall signs shall be permitted on the side of a building which is located in any yard which directly abuts any property zoned for medium or high density residential use.

(2)

If owing to weather related reasons any required landscaping materials have not been planted, a temporary certificate of occupancy may be issued provided only, however, if the owner first posts a performance bond or irrevocable letter of credit from a banking institution. After a bond or irrevocable letter of credit has been posted, the landscaping material required in the approved site plan shall be installed within three months of the posting of the bond or letter of credit. Foreclosure proceedings shall be brought against the performance bond or letter of credit if the required landscaping has not been installed by the end of the approved planting period.

(Case 253, 6-12-95; Ord. 95-O-803, Passed 6-12-95)

This District is intended to provide for industrial and mixed office-industrial uses having a minimum impact upon the surrounding environment in areas that are suitable for such development by reason of location and the availability of adequate utility and transportation systems. Uses that can be operated in a clean and quiet manner (subject only to those regulations and performance standards necessary to prohibit congestion and to protect adjacent residential uses, business activities, and the overall environment) are permitted. Uses which may present problematic characteristics are administered as special uses.

(Case 388; Ord. 2002-O-1365, Passed 8-26-02)

(a)

Permitted Uses.

(1)

All uses permitted in the O-1 District.

(2)

Any use the principal function of which is basic research, design and/or pilot or experimental product development or technical training.

(3)

Office buildings of an executive or of an administrative nature or incidental to those uses listed herein.

(4)

Business and industrial service facilities.

(5)

Laboratories: experimental, film, testing, research or engineering.

(6)

Printing, publishing, binding and typesetting plants.

(7)

Warehouses and distribution facilities.

(8)

Wholesale or combined wholesale-retail sales facilities.

(9)

The manufacture, compounding, processing, packaging or treatment of products such as, but not limited to: bakery goods; business machinery; candy; clocks; toys; cosmetics; electrical and electronic products, components and equipment; food products; hardware including cutlery, tools, dies, gauges; pharmaceuticals. The Zoning Officer shall make the decision that an unlisted product is similar and that such decision may be appealed to the Planning Commission.

(10)

The manufacturing, compounding, assembling or treatment of articles or merchandise from previously prepared materials such as, but not limited to: bone, canvas, cellophane, cloth, cork, feathers, felt, fiber, fur, glass, hair, horn, leather, paper, plastics, precious or semi-precious metals or stone, sheet metal (excluding large stampings, such as automobile fenders or bodies), shell, textiles, tobacco, wax, wire, wood (excluding saw and planing mills), and yarns.

(11)

Computer-communications hardware assembly, testing and operation; development, testing, operation and maintenance of software; and communications services and facilities that are incidental to the principal use.

(12)

Medical, dental and optical manufacturing.

(13)

The manufacture of pottery and figurines or other similar ceramic products using only previously pulverized clay and kilns fired only by electricity or gas.

(14)

The manufacture, installation and repair of signs including, but not limited to electric and neon signs.

(15)

Reserved.

(16)

Accessory buildings and uses incidental to the principal use. Regulations governing accessory facilities and uses are specified in Chapter 1191.

(17)

Truck and motor freight terminals and hauling services.

(18)

Self-service storage facilities.

(b)

Accessory Uses. Accessory uses shall be permitted in this District that are customarily accessory and incidental to any permitted use.

(c)

Special Uses. The following special uses are subject to review in accordance with Chapter 1135.

(1)

Electroplating.

(2)

Graphic products manufacture.

(3)

Laundries and dry cleaning plants.

(4)

Automobile service stations.

(5)

Car and truck washing facilities.

(6)

Garages for storage, repair and servicing of motor vehicles, including but not limited to body repair, painting, and engine rebuilding.

(7)

Radio, television or other transmission towers and related station facilities.

(8)

Yards for the storage, display, minor repair or sales of building materials or equipment; materials and equipment yards of general contractors engaged in building or heavy construction.

(9)

Machinery and heavy equipment storage, rental or sales.

(10)

Other manufacturing, processing or storage uses determined by the City Planning Commission to be of the same general character as the permitted uses previously listed and found not to be obnoxious, unhealthful or offensive by reason of the potential emission or transmission of noise, vibration, smoke, dust, heat, odors or glare. In this regard, the Commission may seek expert advice on what conditions should be imposed on a particular operation to carry out the purposes of this zone; and the cost of such expert advice shall be borne by the applicant.

(11)

Places of worship.

(12)

Fraternal organizations, service clubs, youth centers and senior citizens' centers.

(13)

Machine shops.

(14)

Sexually oriented businesses.

(15)

Self-storage facilities.

(16)

Self-storage facilities, indoor.

(Ord. 2006-O-1656, Passed 10-5-06; Ord. No. 2023-O-2569, § 2, 2-13-23; Ord. No. 2024-O-2636, § 3, 6-10-24; Ord. No. 2024-O-2636, § 3, 6-10-24)

See Chapter 1181 for additional provisions for commercial and industrial facilities and Chapter 1135 regarding standards for special uses.

(a)

Lot Requirements.

* Or such lesser frontage as shall permit compliance with the side yard off-street parking requirements.

(b)

Yard Requirements.

(1)

Minimum front yard depth. Fifty feet from the established or future right-of-way line as shown on the approved Official Thoroughfare Plan.

(2)

Minimum rear yard depth and minimum side yard width on each side.

A.

The side or rear yards shall be 25 feet or equal to the height of the building, whichever is greater. Where a side or rear yard abuts onto a residential district, the yard shall in no case be less than 50 feet or equal to the height of the building, whichever is greater, and no building, structure, paving or parking shall be permitted in such yard. A landscaped area including ground cover and a screening shall be required containing a six foot high wooden or vinyl fence structure, earth mound, or wall with an opaqueness of 100 percent in such side or rear yard abutting a residential district.

B.

The side or rear yards for special uses shall be 50 feet or equal to two times the height of the principal building, whichever is greater. Where a side or rear yard abuts onto a residential district, such yard shall in no case be less than 100 feet. A landscaped area including ground cover and a screening shall be required containing a six foot high wooden or vinyl fence structure, earth mound, or wall with an opaqueness of 100 percent in such side or rear yard abutting a residential district.

C.

Any portion of the side and rear yards in excess of 15 feet from the property line may be used for parking, except where such a yard abuts a residential district.

(c)

Structural Requirements. No maximum height restriction shall apply, except that the proposed development meets all Federal Aviation Administration (FAA), Dayton International Airport or Wright Patterson Air Force Base height or abatement requirements.

(d)

Parking and Loading Requirements.

(1)

See Chapter 1185 for off-street parking and loading requirements.

(e)

Signs.

(1)

See Chapter 1189 for size and location of permitted signs.

(f)

Building Materials. The front facade of a principal building facing any public street on any property in the I-1 District shall be required to be constructed of at least 30 percent masonry materials that will extend along the entire length of the facade of the principal building. For the purposes of this section, the front facade of a principal building shall include any wall of the principal building that is parallel to the public street and is located within 100 feet of the established building line. The Director of Public Service or his/her designee shall determine the appropriateness of the proposed masonry material design. In the case of a property which has frontage on more than one public street, the facade facing the public street from which access to the property is provided shall be considered the front facade of the building. In addition to the front facade, the side or rear facades of the principal building that face Interstate 70 or a State Route shall be constructed of at least 30 percent masonry materials that shall be clearly visible to Interstate 70 or the State Route unless a sufficient landscaping buffer is provided and is determined appropriate by the Director of Public Service or his/her designee. Recommended masonry materials include brick, split face block, tilt-up concrete, or dryvit or any similar material determined appropriate by the Director of Public Service or his/her designee.

(g)

Street Tree Requirement. Please refer to Chapter 1181 for street tree requirements.

(h)

Trash Container Enclosures. Please refer to Chapter 1181 for trash container enclosure requirements.

(i)

Site Plan Approval.

(1)

Prior to obtaining a zoning certificate for any proposed actual development on a site located within an I-1 Zoning District, an applicant shall submit a site plan to the Director of Public Service or his/her designee for approval. Such site plan shall graphically include the location and dimensions of vehicular entrances, exits, internal circulation pattern, off-street parking and loading facilities, lighting, and any required screening/landscaping. No site plan shall be approved unless it explicitly conforms with the I-1 Zoning District site development regulations set forth herein.

(j)

Determination of Compliance.

(1)

The Director of Public Service or his designee shall prior to issuing a certificate of occupancy for any development in an I-1 Zoning District determine in writing that it complies in all aspects with the previously approved site plan.

(k)

Measurement Procedures. Methods and procedures for the determination of the existence of any dangerous or objectionable elements shall conform to the applicable standard measurement procedures published by the American Standards, Incorporated, New York, the Manufacturing Chemists' Association, Incorporated, Washington, D.C., the U.S. Bureau of Mines, the U.S. and Ohio Environmental Protection Agency, and other agencies or standards of competence acceptable to the Planning Commission, including but not limited to the following in their most current edition:

(1)

Ohio Basic Building Code.

(2)

USEPA Hazardous Waste Standards.

(3)

Architectural Graphic Standards, Sleeper and Ramsey.

(4)

National Fire Code and local amendments as applicable.

(5)

Storm Water Management Plan Adopted by Montgomery County 1981.

(6)

Huber Heights Thoroughfare Plan.

(7)

Access Control Plan.

(8)

Huber Heights Standard Engineering Drawings.

(9)

The Traffic Institute, Program of Instruction for the Traffic Management of Land Development (Evanston; The Traffic Institute, Northwestern University, March 26-30, 1979) p. 3807-5.

(10)

Institute of Transportation Engineers, Trip Generation (Arlington, Va. I.T.E).

(11)

Highway Research Board, National Academy of Sciences-National Research Council, Highway Capacity Manual 1985 (Washington D.C).

(12)

Henry B. McInerney and Stephen G. Peterson, "Intersection Capacity Measurement Through Critical Movement Summations: A Planning Tool", Traffic Engineering, January 1971.

(13)

J. C. Glennon, et al., Technical Guidelines for the Control of Access to Arterial Highways, Vol. I General Framework for Implementing Access Control Techniques (Washington, D.C.: FHWA, August, 1975) p. 50.

(14)

Dodge Digest of Building Cost and Specifications (New York: NcGraw Hill Information Systems, 1979). Issued annually.

(15)

U.S. Department of Transportation, Highway Statistics (Washington, D.C).

(16)

Noise Standards for Highway Generation (US FHWA).

(17)

Data Book for Civil Engineers (Erwin & Seelye).

(18)

USEPA Air Quality Standards.

(19)

Urban Planning & Design Criteria, Lee Koopelman, Joseph DeLhara Van Norstrand.

(20)

Montgomery County Health Code.

(21)

Municipal Industrial Pretreatment Program Relating to Discharging of Waste Water or Materials into a Sanitary Sewer System.

(22)

Wright Patterson AFB Airport Zoning Regulations, latest edition.

(l)

No sexually oriented business shall be located within a 500 foot radius of any other sexually oriented business. No sexually oriented business shall be located within a 500 foot radius from any residential use or residential zoning district, any public park, church or church grounds, public or private school, kindergarten or nursery school. No sexually oriented business shall be located within 1,000 feet of the right-of-way of, or be on a lot with frontage upon any divided, limited access highway including but not limited to applicable portions of Interstate 70, Ohio Route 4 and Ohio Route 235.

(Case 388; Case 115, 5-2-88; Ord. 88-O-302, Passed 5-2-88; (Case 245, 10-31-94; Ord. 94-O-726, Passed 10-31-94; Case 287, 4-22-96; Ord. 96-O-879, Passed 4-22-96; Ord. 2002-O-1365, Passed 8-26-02)

The following principal uses and no other shall be permitted in this District:

(a)

All uses permitted in the "I-1", except sexually oriented businesses, and "O-1" Districts.

(b)

Dumps and garbage disposals, when permitted by the Board of Zoning Appeals;

(c)

A building or premises may be used for any purpose subject to the provisions of subsections (a) and (b) hereof, and except those listed immediately below:

(1)

Schools, hospitals, clinics and other institutions for human care, except where incidental to a permitted use;

(2)

Acid manufacture or wholesale storage of acids;

(3)

Cement, lime, gypsum or plaster of paris manufacture;

(4)

Distillation of bones;

(5)

Explosives manufacture or storage;

(6)

Fat rendering, fertilizer, gas or glue manufacture;

(7)

Offal or dead animal reduction;

(8)

Petroleum or petroleum products refining;

(9)

Smelting or reduction of ores or metallurgical products;

(10)

Race tracks and courses for the conduct of seasonal or periodic racing meets of aircraft, horses, dogs, automobiles, motorcycles and the like; or

(11)

Trailer parks or trailer camps;

(12)

Truck stops.

(Ord. 2006-O-1656, Passed 10-5-05)

Accessory uses shall be permitted in this District that are customarily accessory and incidental to any permitted use.

(Case 388; Ord. 2002-O-1365, Passed 8-26-02)

All principal buildings and all accessory buildings or structures, including loading and unloading facilities, shall be located at least 200 feet from any "R" District and not less than 100 feet from any other district except an "I-1" District.

(Case 388; Ord. 2002-O-1365, Passed 8-26-02)

No maximum height restriction shall apply, except that the proposed development meets all Federal Aviation Administration (FAA), Dayton International Airport or Wright Patterson Air Force Base height or abatement requirements.

(Case 388; Ord. 2002-O-1365, Passed 8-26-02)

The following requirements shall be observed:

(a)

Front Yard. There shall be a front setback of 50 feet from the established or future public right-of-way line as shown on the approved Official Thoroughfare Plan.

(b)

Side and Rear Yard. There shall be a side and rear yard setback of 50 feet or equal to the height of the principal building, whichever is greater, from the side and rear yard property lines. However, when a property is adjacent to any residential district, the side and rear yard setbacks shall be at least 200 feet, 25 feet of which shall be a landscaped area including ground cover and a screening containing a six foot high wooden or vinyl fence structure, earth mound, or wall with an opaqueness of 100 percent.

(Case 388; Ord. 2002-O-1365, Passed 8-26-02)

The following special uses and no other shall be permitted in the "I-2" District.

(a)

Junk Yards in accordance with the provisions of Chapter 1135.

(b)

Impound lots in accordance with the provisions of Chapter 1135.

(c)

Sexually oriented businesses in accordance with Chapter 1135. Provided no sexually oriented business shall be located within a 500 foot radius of any other sexually oriented business. No sexually oriented business shall be located within a 500 foot radius from any residential use or residential zoning district, any public park, church or church grounds, public or private school, kindergarten or nursery school. No sexually oriented business shall be located within 1,000 feet of the right-of-way of, or be on a lot with frontage upon any divided, limited access highway including but not limited to applicable portions of Interstate 70, Ohio Route 4 and Ohio Route 235. Measurement of distances shall be as provided in Section 735.04 of the City Code of Huber Heights.

(Ord. 2006-O-1656, Passed 10-5-06)

(a)

Building Materials. The front facade of a principal building facing any public street on any property in the I-2 District shall be required to be constructed of at least 30 percent masonry materials that will extend along the entire length of the facade of the principal building. For the purposes of this section, the front facade of a principal building shall include any wall of the principal building that is parallel to the public street and is located within 100 feet of the established building line. The Director of Public Service or his/her designee shall determine the appropriateness of the proposed masonry material design. In the case of a property which has frontage on more than one public street, the facade facing the public street from which access to the property is provided shall be considered the front facade of the building. In addition to the front facade, the side or rear facades of the principal building that face Interstate 70 or a State Route shall be constructed of at least 30 percent masonry materials that shall be clearly visible to Interstate 70 or the State Route unless a sufficient landscaping buffer is provided and is determined appropriate by the Director of Public Service or his/her designee. Recommended masonry materials include brick, split face block, tilt-up concrete, dryvit or any similar material determined appropriate by the Director of Public Service or his/her designee.

(b)

Street Tree Requirements. Please refer to Chapter 1181 for street tree requirements.

(c)

Trash Container Enclosures. Please refer to Chapter 1181 for trash container enclosure requirements.

(Case 388; Ord. 2002-O-1365, Passed 8-26-02)

Agriculture, including greenhouses, customary agricultural buildings and structures; public parks, playgrounds and community centers; private or public recreation area and facilities, including country clubs, golf clubs, golf courses, fishing lakes and bathing beaches; gravel pits as permitted by the Board of Zoning Appeals.

(Ord. 81-O-08, Passed 8-3-81)

Any accessory uses customarily accessory and incidental to a permitted use shall be permitted.

(Ord. 81-O-08, Passed 8-3-81)

The following special use is subject to review in accordance with Chapter 1135:

(a)

Private and public utility facilities.

(Case 182, 2-25-91, Effective 2-25-91; Ord. 91-O-466, Passed 2-28-91)

It shall be the responsibility of any person owning real property or owning or operating a business with the City to make a determination of the applicability of this chapter as it pertains to the property or business or operation and failure to do so shall not excuse any violations of this chapter.

(Ord. 90-O-434, Passed 8-13-90)

The WO Wellhead Operation District is designed to safeguard the public health, safety and welfare of the customers of protected public water supplies by regulating the land use and the storage, handling, use and/or production of regulated substances. This District shall be shown on the City's Zoning Map at the location of any existing or proposed public wells. The intent of this designation is to protect the community's potable water supply against contamination.

(Ord. 90-O-434, Passed 8-13-90)

(a)

Municipal water supply, treatment and operations facilities in accordance with the City plan(s) for water supply and treatment.

(b)

Public parks, playgrounds and community centers.

(Ord. 90-O-434, Passed 8-13-90)

(a)

Public utility uses as follows:

(1)

Electric and telephone substations.

(2)

Gas regulator and meter station buildings.

(3)

Electric and communication transmission towers and structures.

(b)

Existing residences, public and private museums, guest houses.

(Ord. 90-O-434, Passed 8-13-90)

(a)

Use of regulated substances in conjunction with municipal water supply and treatment activities shall not be restricted by this chapter. Storage of regulated substances in conjunction with municipal water supply and treatment activities shall not be restricted by this chapter.

(b)

Use of regulated substances in conjunction with public parks, playgrounds and community centers shall be in accordance with the City management plan for Maintenance of Sensitive Areas.

(c)

Use of regulated substances in conjunction with special uses in this District shall be limited, per special use, to:

(1)

The aggregate of regulated substances in use may not exceed 20 gallons or 160 pounds at any time.

(2)

The total use of regulated substances may not exceed 50 gallons or 400 pounds in any 12 month period.

(d)

A limited exclusion from the provisions of subsection (c) hereof is authorized for nonroutine maintenance or repair of property or equipment. The use of regulated substances under this exclusion shall be limited, per special use, to:

(1)

The aggregate of regulated substances in use may not exceed 50 gallons or 400 pounds at any time.

(2)

The total use of regulated substances may not exceed 100 gallons or 800 pounds in any 12 month period.

(e)

Storage of fuel and lubricants for vehicle operations in conjunction with permitted and special uses in this District shall be in tanks placed above the floor surface of a below grade vault. Such vault shall allow access for physical inspection of the tank for leakage and the interior of the vault shall be continuously monitored and alarmed to provide for automatic and immediate detection of any release from the tank.

(f)

Notwithstanding other provisions of this chapter, nonconforming uses in this District presently utilizing underground storage tanks shall be permitted to replace existing tanks with those constructed as per the specifications of subsection (e) hereof and not exceeding the capacity of existing tanks.

(g)

As part of the findings required under Section, the Zoning Officer shall utilize the Hazard Potential Ranking System, Section 1160.07 to assist in the determination of intensity of use within this District. No substitutions of a nonconforming use shall be permitted which result in an increase of the Hazard Potential Ranking on a parcel within this District.

(h)

All uses within this District shall be connected to the public wastewater disposal system or have a City-approved wastewater disposal plan within a three year period of the establishment of the District.

(Ord. 90-O-434, Passed 8-13-90)

If a nonconforming use of any land, building or structure is discontinued for six months or more, any further use shall be in conformity to this District.

(Ord. 90-O-434, Passed 8-13-90)

The "WP" Wellfield Protection Overlay District is designed to safeguard the public health, safety and welfare of the customers of protected public water supplies by regulating the land use and the storage, handling, use and/or production of regulated substances. The area of the Wellfield Protection Overlay is described on the Official Zoning Map and includes the existing and proposed protected public water supply wells and their one year capture area, and a 1,000 foot strip of land outside of the direct recharge area in locations where the direct recharge area within the one year capture area impinges on the aquifer boundary. The intent of this designation is to protect the community's potable water supply against contamination.

(Ord. 90-O-434, Passed 8-13-90)

The provisions of this chapter shall be applicable to all lands shown as being located within the boundaries of the "WP" Wellfield Protection Overlay District on the Zoning Map and shall be supplemental to the regulations of the underlying zoning district. Where the requirements of this chapter are in conflict with the regulations of the underlying district, the more restrictive regulations shall apply.

(Ord. 90-O-434, Passed 8-13-90)

It shall be the responsibility of any person owning real property or owning or operating a business within the City to make a determination of the applicability of this chapter as it pertains to the property or business or operation and failure to do so shall not excuse any violations of this chapter.

(Ord. 90-O-434, Passed 8-13-90)

The permitted uses, bulk and yard regulations within the "WP" Wellfield Protection Overlay District shall be those of the underlying zoning district, subject to any more restrictive regulations of this Overlay District.

(Ord. 90-O-434, Passed 8-13-90)

(a)

Special Uses. The special uses within the WP Wellfield Protection Overlay District shall be those of the underlying zoning districts subject to any more restrictive regulations of this Overlay District.

(b)

Prohibited Uses. Sanitary landfills, drywells and landfills comprised of demolition debris, or other nonapproved matter and junkyards are prohibited.

(c)

Nonconforming Uses. If a nonconforming use of any land, building or structure is discontinued for six months or more, any further use shall be in conformity with this District.

(Ord. 90-O-434, Passed 8-13-90)

(a)

Use, storage, handling and/or production of regulated substances in conjunction with permitted and conditional uses in this district shall be limited as to each use, to:

(1)

The aggregate of regulated substances in uses, storage, handling and/or production may not exceed 20 gallons or 160 pounds at any time.

(2)

The total use, storage, handling and/or production of regulated substances may not exceed 50 gallons or 400 pounds in any 12 month period.

(b)

A limited exclusion from the provisions of subsection (a) hereof is authorized for nonroutine maintenance or repair of property or equipment. The use, storage, handling and/or production of regulated substances under this exclusion shall be limited as to each use, to:

(1)

The aggregate of regulated substances in uses, storage, handling and/or production may not exceed 50 gallons or 400 pounds at any time.

(2)

The total use, storage, handling and/or production of regulated substances may not exceed 100 gallons or 800 pounds in any 12 month period.

(c)

A limited exclusion from the provisions of subsection (a) hereof is authorized for each medical and research laboratory use, provided however, regulated substances shall be stored, handled or used in containers not to exceed five gallons or 40 pounds of each substance and the aggregate inventory of regulated substances shall not exceed 250 gallons or 2,000 pounds.

(d)

A limited exclusion from the provisions of subsection (a) hereof is authorized for regulated substances which are cleaning agents, provided however such cleaning agents are packaged for personal or household use or are present in the same form and concentration as a product packaged for use by the general public, and provided the aggregate inventory of such cleaning agents as to any use shall not exceed 100 gallons or 800 pounds at any time. In no case shall regulated substances claimed under this exclusion include hydrocarbon or halogenated hydrocarbon solvents.

(e)

A limited exclusion from the provisions of subsection (a) hereof is authorized for on-site storage of a maximum one year supply of agricultural chemicals to be used for routine on-site agricultural operations, provided such substances are stored in standard approved packaging and such chemicals are applied to cropland under Best Management Practices as indicated by soil test, the OSU Cooperative Extension Service, the Soil and Water Conservation District and label directions approved by the United States Environmental Protection Agency and Ohio Department of Agriculture. This limited exclusion also applies to the application of agricultural chemical to cropland where such chemicals are brought in from other locations from the inventory, spill reporting and underground storage tank protection requirements of the Wellfield Protection Overlay District.

(f)

Storage of fuel and lubricants for vehicle operations in conjunction with permitted and conditional uses in this District shall be in underground tanks placed above the floor surface of a below grade vault. Such vault shall allow access for physical inspection of the tank for leakage and the interior of the vault shall be continuously monitored and alarmed to provide for automatic and immediate detection of any release from the tank.

(g)

Notwithstanding other provisions of this chapter, nonconforming uses in this District presently utilizing underground storage tanks shall be permitted to replace existing tanks with those constructed as per the specifications of subsection (f) hereof and not exceeding the capacity of existing tanks.

(h)

No substitutions of a nonconforming use shall be permitted which results in an increase of the Hazardous Potential Ranking System on a parcel within this district. If the Hazardous Potential Ranking decreases for a nonconforming use for a period of six months or more, the nonconforming right to the higher Hazardous Potential Ranking shall be deemed to have been lost through non-use for that period of time.

(i)

Heating fuels for residential use in tanks having a capacity of 500 gallons or less are exempt from this chapter.

(Ord. 90-O-434, Passed 8-13-90)

(a)

Any existing uses legally storing, handling using and/or producing regulated substances in amounts equal to or less than the requirements under Section 1160.06 are considered conforming uses and this section does not apply. Any new use or change of uses shall maintain the conforming status of the property.

(b)

Existing nonconforming uses shall be permitted to maintain the reported maximum quantity for each reportable regulated substance, as determined by peak business cycle. Existing uses and maximum quantities, on combination with a hazard potential rating shall run with the land and be administered in conformance with all other applicable nonconforming provisions of the Zoning Ordinance.

(c)

In order to assess the risk for potential groundwater contamination, a hazard ranking has been developed for various activities categorized by their Standard Industrial Classification (SIC) code. This ranking is based on the kind of materials commonly associated with each use looking only at the most critical hydrologic factors.

(d)

Table 1 below lists the site hazard potential by land use activity on a scale of one to nine, with one being a low hazard and nine a very high hazard. This rating is based on the intrinsic hazards posed by different land uses and is related to the materials commonly discharged.

(e)

Table 2 below lists the hazard potential determined on the basis of material known to be used, stored or disposed of at a specific site.

(f)

If the two tables referenced above indicate different site hazard potential ratings for the SIC-coded land use activity and the materials found on-site, the higher of the two scores is the rating for the site.

(Ord. 90-O-434, Passed 8-13-90)

TABLE 1
Contaminant Hazard Potential Ranking Classified by Source

TABLE 2
Contaminant Hazard Potential Ranking Classified by Type

* ID number is for identification of waste types in the reporting form.

1.

Classification based on material in Environmental Protection Agency Publication, 670-2-75-024, pp. 79-85, prepared by Arthur D. Little, Inc., and published in 1975.

2.

For individual material ranking, refer to solubility-toxicity tables prepared by Versar, Inc., for the Environmental Protection Agency (source: MDNR, June 1980).

Source: WMSRDC. A Pollutant Nature Sampling Plan for Groundwater Contamination in Region 14 (Muskegon, Mich.: West Michigan Shoreline Regional Development Commission, November 1980).

(Ord. 90-O-434, Passed 8-13-90)