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Kenton City Zoning Code

TITLE TEN

Zoning Code; Non-Residence Districts

1260.01 PRINCIPAL PERMITTED USES.

   The principal permitted uses in the B-1 District shall be any local retail business or service establishment supplying commodities or performing services primarily for residents of the neighborhood on a day to day basis including:
   (a)   Retail and Services. Groceries, supermarkets, fruit and vegetable stores, drug stores, garden supply stores, barber shops, beauty parlors, clothes cleaning and laundry pick-up establishments, retail liquor stores and the like;
   (b)   Offices. Business and professional;
   (c)   Eating and Drinking Places. Restaurants, liquor stores, soda fountains and ice cream parlors, but not including entertainment or dancing, and not including drive-in restaurants;
   (d)   Motor Vehicle Services. Motor vehicle service stations and public garages, but not including major repair and public parking areas, subject to the applicable requirements of Chapters 1270 and 1276;
   (e)   Advertising Signs. Subject to the provisions of Chapter 1274;
   (f)   Residential Uses. Any use permitted and as regulated in the residence district adjoining the B-1 District, and if there are two or more different categories of residence districts that adjoin the B-1 District, the regulations of the least restrictive residence district shall prevail;
   (g)   Other Uses. Any other retail business or service establishment determined by the Board of Zoning Appeals to be of the same general character as the above permitted uses, not including those which are first permitted or are not permitted in the B-2 District, unless demonstrated as necessary for normal day to day needs.
(Ord. 1420. Passed 2-28-66.)

1260.02 CONDITIONAL USES.

   The following uses shall be permitted if and when authorized by the Board:
   (a)   Drive-In Establishments. Drive-in eating and drinking places, summer gardens and roadhouses, including entertainment and dancing and the sale and consumption of alcoholic beverages, provided such uses are located on lots fronting only on a primary or secondary thoroughfare as shown on the Thoroughfare Plan, and provided the principal building in which such activities are housed is distant not less than 100 feet from any R-District;
   (b)   Commercial Planned Development Projects. Subject to the provisions of Chapter 1278;
   (c)   Clinics. (Ord.1420. Passed 2-28-66.)

1260.03 ACCESSORY USES.

   Accessory uses and structures permitted in the R-2 District and any other accessory uses and structures customarily accessory and incidental to any of the foregoing permitted B-1 uses and including business signs, subject to the provisions of Chapter 1274, shall be permitted.
(Ord. 1420. Passed 2-28-66.)

1260.04 REQUIRED CONDITIONS.

   (a)   Business in Enclosed Buildings. All businesses, services or processing shall be conducted wholly within a completely enclosed building except for the sale of automotive fuel, lubricants and other fluids at service stations, and such outdoor display or storage of vehicles, materials and equipment as hereinbefore specifically authorized or as may be authorized by the Board of Zoning Appeals.
   (b)   Production for Sale at Retail. All products produced on the premises, whether primary or incidental, shall be sold at retail primarily on the premises where produced.
   (c)   Use Must be Nonobjectionable. Processes and equipment employed in goods processed or sold shall be limited to those which are not objectionable by reason of odor, dust, smoke, cinders, gas, fumes, noise, vibration, refuse matter or water-carried waste.
   (d)   New Merchandise. Goods for sale shall consist primarily of new merchandise. (Ord. 1420. Passed 2-28-66.)

1260.05 HEIGHT REGULATIONS.

   No principal structure shall exceed two and one-half stories or thirty feet in height, and no accessory structure shall exceed one story or fifteen feet in height, except as provided in Chapter 1292.
(Ord. 1420. Passed 2-28-66.)

1260.06 LOT AREA, FRONTAGE AND YARD REGULATIONS.

   The following minimum requirements shall be observed, except as otherwise provided in this Zoning Code:
   The following minimum requirements shall be observed, except as otherwise provided in this Zoning Code:
 
 
Lot Areas
(ft.)
Lot Frontage
(ft.)
Front
Yard
Depth
(ft.)
Side
Yard
Width
(ft.)
Rear
Year
Depth
(ft.)
Nonresidential
 
None
20
None, except when adjoining a residence district, then not less than 10 ft.
None, except when adjoining a residence district, then not less than 10 ft.
Residential
As stipulated in Section 1260.01(f).
 
(Ord. 1420. Passed 2-28-66.)

1262.01 PRINCIPAL PERMITTED USES.

   The principal permitted uses in the B-1 District shall be any use permitted in the B-1 District, except as hereinafter modified, and the following:
   (a)   Retail and Services. Art or antique shops, artists' supply stores, interior decorating shops, furniture and appliance stores, self-service laundries, dry cleaning shops, department stores, variety and dime stores, dry goods and apparel stores, mail order houses and the like;
   (b)   Banks. Including drive-in banks, savings and loan associations;
   (c)   Eating and Drinking Places. Bars, restaurants, cocktail lounges;
   (d)   Entertainment. Night clubs, theaters, billiard parlors, pool halls, bowling alleys and similar enterprises, but not within 100 feet of any R-District, subject to all applicable regulations and such permits as may be required by law;
   (e)   Trade or Business Schools. Provided machinery which is used for instruction purposes is not objectionable due to noise, fumes, smoke, odor or vibration;
   (f)   Commercial Art Studios. Photographic studios, dancing studios, radio and telecasting studios and the like;
   (g)   Hotels. Hotels, motels and motor hotels, subject to the provisions of Chapter 1272;
   (h)   Newspapers. Printing and publishing establishments;
   (i)   Motor Vehicle Services. Motor vehicle display, hire and sales and public garages, but not including major repair, provided all operations other than display and sales are wholly within a completely enclosed building, and provided, further, that buildings used for minor repair of motor vehicles and public garages are at least fifty feet from any R-District and have no openings adjoining residence districts other than stationary windows and fire escapes;
   (j)   Other Uses. Any other retail business or service establishment or use which is determined by the Board of Zoning Appeals to be of the same general character as the above permitted uses, but not including any use which is first permitted or which is not permitted in the B-3 District.
(Ord. 1420. Passed 2-28-66.)

1262.02 ACCESSORY USES.

   Accessory uses and structures as permitted and as regulated in the B-1 District and such other accessory uses and structures, not otherwise prohibited, customarily accessory and incidental to any of the foregoing permitted B-2 uses shall be permitted.
(Ord 1420. Passed 2-28-66.)

1262.03 REQUIRED CONDITIONS.

   Required conditions shall be the same as specified for the B-1 District, except for new merchandise in the case of art and antique shops.
(Ord. 1420. Passed 2-28-66.)

1262.04 HEIGHT REGULATIONS.

   No principal structure shall exceed four stories or fifty feet in height, except as provided in Chapter 1292.
(Ord. 1420. Passed 2-28-66.)

1262.05 LOT AREA, FRONTAGE AND YARD REQUIREMENTS.

   The following minimum requirements shall be observed, except as otherwise provided in this Zoning Code:
   (a)   Commercial Uses. None.
   (b)   Residential Uses. The same as is the R-2 District.
(Ord. 1420. Passed 2-28-66.)

1264.01 PRINCIPAL PERMITTED USES.

   The principal permitted uses in the B-3 District shall be any use permitted and as regulated in the B-2 District, except as hereinafter modified.
   (a)   Retail and Services. Laundries; clothes cleaning or dyeing establishments; used merchandise stores; funeral homes and mortuaries;
   (b)   Wholesale. Any wholesale business, including incidental warehousing; commercial greenhouses;
   (c)   Eating and Drinking Establishments. Drive-in eating and drinking places, summer gardens and roadhouses, provided that the principal building is at a distance of not less than 100 feet from any residence district;
   (d)   Motor Vehicle Services; Farm Implements. Automobiles, trucks, trailers, farm implements, for sale, display, hire or major or minor repair, including sales lots, used car lots, trailer lots, repair garages, body and fender shops and paint shops, but not within fifty feet of any residence district;
   (e)   Trailer Parks. In accordance with the provisions of Chapter 1272;
   (f)   Animal Hospitals, Veterinary Clinics, Etc. Animal hospitals, kennels, display and housing or boarding of pets and other domestic animals, provided that any enclosures or buildings in which the animals are kept are at least 100 feet from any residence district and at least fifty feet from any B-1 or B-2 District; exercise runs shall be enclosed on four sides by an unpierced fence or wall at least six feet in height;
   (g)   Commercial Recreation. Any type of commercial recreation, including baseball fields, swimming pools, skating rinks, golf driving ranges and similar open air facilities, provided such establishments are at a distance of at least 200 feet from any residence district;
   (h)   Entertainment. Drive-in theaters, provided the screen is so located as not to be visible from adjacent streets or highways and set back not less than 200 feet from the established right-of-way line of any such street or highway;
   (i)   Building and Related Trades. Carpenter shops, electrical shops, plumbing shops, paint shops, heating shops, paper hanging shops, furniture upholstering shops and similar enterprises, not including contractors' yards, but not within fifty feet of any residence district;
   (j)   Printing and Related Trades. Publishing, job printing, lithographing, blue printing, etc.;
   (k)   Bottling Works. Bottling of soft drinks and milk or distribution stations, provided that any building used for such processing and distribution is at least 100 feet from any residence district;
   (l)   Miscellaneous Trades and Businesses. Sheet metal shops; sign-painting shops; wholesale bakeries, but not within 100 feet of any residence district;
   (m)   Truck Terminals, Building Material Yards and Similar Related Establishments. Trucking or motor freight stations or terminals; retail lumber yards, including incidental millwork; building material yards, excluding concrete mixing; storage and sales of grain, livestock feed or fuel; carting, express or hauling establishments, including storage of vehicles; provided such uses are conducted either:
      (1)   Wholly within a completely enclosed building or buildings, except for storage of vehicles, which building is at a distance of at least 100 feet from any residence district, unless such building has no openings other than stationary windows and required fire exits within such distance, but not within fifty feet of any residence district in any case; or
      (2)   When conducted within an area completely enclosed on all sides with a solid wall or uniformly painted solid board fence not less than six feet high, but not within 200 feet of any residence district; provided, further, that all storage yards related to the uses in this subsection shall be enclosed;
   (n)   Other Uses. Any other use which is determined by the Board of Zoning Appeals to be of the same general character as the above permitted uses, but not including any use which is first permitted or which is prohibited in the M-1 District.
(Ord. 1420. Passed 2-28-66.)
   (o)   Sexually Oriented Businesses. Sexually oriented businesses, provided that such business shall not be operated or located within 500 feet of the following:
      (1)   A church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities;
      (2)   Public or private educational facilities, including, but not limited to, child day-care facilities, nursery schools, preschools, kindergartens, elementary schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges and universities. "School" includes the school grounds, but does not include the facilities used primarily for another purpose and only incidentally as a school.
      (3)   A public park or recreational area which has been designated for park or recreational activities, including, but not limited to, parks, playgrounds, nature trails, swimming pools, reservoirs, athletic fields, basketball or tennis courts, pedestrian/bicycle paths, wilderness areas, management of the Village park and recreation authorities; or
      (4)   The property line of a lot located in an R-1 or R-2 District as defined in this Zoning Code.
(Ord. 00-012. Passed 8-28-00.)

1264.02 ACCESSORY USES.

   Accessory uses and structures as permitted and as required in the B-2 District and such other accessory uses and structures, not otherwise prohibited, which are customarily accessory and incidental to any of the foregoing permitted B-3 uses shall be permitted.
(Ord. 1420. Passed 2-28-66.)

1264.03 REQUIRED CONDITIONS.

   Processes and equipment employed and goods processed or sold shall be limited to those which are not objectionable by reason of odor, dust, smoke, cinders, gas, fumes, noise, vibration, refuse matter or water-carried waste, and shall comply with the performance standards in Chapter 1280.
   (a)   Enclosed Buildings. All businesses, services or processing shall be conducted wholly within a completely enclosed building, except for incidental display of merchandise, the sale of motor vehicle fuel, lubricants and other fluids at service stations, loading and unloading operations, parking and the outdoor display or storage of vehicles, materials and equipment.
   (b)   Night Operation. No building customarily used for night operation, such as a bakery or milk bottling and distribution station, shall have any opening, other than stationary windows or required fire exits, within 100 feet of any residence district, and no space used for loading or unloading commercial vehicles in connection with such an operation shall be within 100 feet of any district residence.
(Ord. 1420. Passed 2-28-66.)

1264.04 HEIGHT REGULATIONS.

   No principal or accessory structures shall exceed three stories or forty feet in height, except as provided in Chapter 1292.
(Ord. 1420. Passed 2-28-66.)

1264.05 LOT AREA, FRONTAGE AND YARD REQUIREMENTS.

   The following minimum requirements shall be observed, except as otherwise provided in this Zoning Code:
 
Lot Areas
Lot Frontage
Front
Yard
Depth
Side Yard Width
Rear Year Depth
Residential.
Same as R - 2 District
Nonresidential
None
None
20 ft.
None, except when adjoining a residence district, then not less than 25 ft. each
1 story: 20 ft.
2 stories: 30 ft.
3 stories: 40 ft.
Five feet more each additional story
 
(Ord. 1420. Passed 2-28-66.)

1266.01 PRINCIPAL PERMITTED USES.

   The principal permitted uses in the M-1 District shall be any use permitted and as regulated in the B-3 District, and any use provided in this section, except as hereinafter modified.
   (a)   Manufacturing. Except for uses and processes prohibited in Section 1266.04, the manufacturing, compounding, processing, packaging and assembling of products such as the following shall be permitted:
      (1)   Bakery goods, candy, cosmetics, pharmaceuticals, toiletries and food products except fish or meat products, sauerkraut, vinegar, yeast and the rendering or refining of fats or oils;
      (2)   Products from the following previously prepared materials: bone, canvas, cellophane, cloth, cork, feathers, fibre, fur, glass, hair, horn, leather, paper, plastics, precious or semiprecious metals or stones, sheet metal (except where presses over twenty tons rated capacity are employed), shell, textiles, tobacco, wax, wood (except where saw and planing mills are employed) and yarns;
      (3)   Pottery and figurines, using previously pulverized clay, and kilns fired only with gas or electricity;
      (4)   Musical instruments, toys, novelties, rubber or metal stamps and other small rubber products;
      (5)   Electrical and electric appliances, instruments and devices, television sets, radios, phonographs;
      (6)   Electric and neon signs, billboards and other commercial advertising structures; light sheet metal products, including heating and ventilating equipment, cornices, eaves and the like;
   (b)   Laboratories. Experimental, film or testing laboratories, provided no operation is conducted or equipment used which would create hazards, noxious or offensive conditions;
   (c)   Warehouses. For the storage of merchandise and materials;
   (d)   The Following Uses. Provided no part of a building occupied by such uses has any opening other than stationary windows or required fire exits within 100 feet of any residence district:
      (1)   Blacksmith, welding or other metal working shops, excluding punch presses over twenty tons rated capacity, drop hammers and other noise-producing machine-operated tools; machine shops, cooperage works;
      (2)   Foundries casting lightweight nonferrous metals, or electric foundries not causing noxious fumes or odors;
      (3)   Bag, carpet and rag cleaning establishments, provided necessary equipment is installed and operated for the effective precipitation or recovery of dust;
      (4)   Ice manufacturing and cold storage plants; creamery and bottling plants;
   (e)   The Following Uses. When located not less than 200 feet from any residence district:
      (1)   Inflammable liquids, underground storage only, not to exceed 25,000 gallons;
      (2)   Building materials sales yards, including concrete mixing, lumber yards, including millwork, open yards for storage, sale of feed and/or fuel and contractors' equipment storage;
   (f)   Other Uses. Any other use that is determined by the Board of Zoning Appeals to be of the same general character as the above permitted uses but not including any use which is prohibited in the M-1 District under Section 1266.04.
(Ord. 1420. Passed 2-28-66.)

1266.02 ACCESSORY USES.

   Accessory uses and structures permitted and as regulated in the B-3 District, except as hereinafter modified, and such other uses and structures customarily accessory and incidental to any of the foregoing principal permitted uses, except for uses prohibited in an M-1 District, shall be permitted.
(Ord. 1420. Passed 2-28-66.)

1266.03 REQUIRED CONDITIONS.

   (a)   Enclosed Buildings. All businesses, services or processing shall be conducted wholly within a completely enclosed building, except for the sale of motor vehicle fuel, lubricants and other fluids at service stations, loading or unloading operations, parking, the outdoor display or storage of vehicles, materials and equipment and the uses specified in Section 1266.01(f).
   (b)   Night Operation. No building customarily used for night operation, such as a bakery or milk bottling and distribution station, shall have any opening, other than stationary windows or required fire exits, within 100 feet of any residence district, and no space used for loading or unloading commercial vehicles in connection with such an operation shall be within 100 feet of any district.
(Ord. 1420. Passed 2-28-66.)

1266.04 PROHIBITED USES.

   The following uses shall be prohibited in the M-1 District:
   (a)   General. Any use which is designated as permitted or not permitted in the M-2 District;
   (b)   Dwellings. Dwellings and residences of any kind, including motels and trailer parks, and schools, hospitals, clinics and other institutions for human care, except where they are incidental to a permitted principal use; provided, however, that any of the aforementioned uses legally existing in the M-1 District at the time of the adoption of this Zoning Code (Ordinance 1420, passed February 28, 1966), or any amendment thereto, shall not be classified as a nonconforming use subject to the provisions of Chapter 1238;
   (c)   Offensive Uses Not to be Authorized. No use shall be permitted or authorized to be established or maintained which, when conducted under adequate conditions and safeguards in compliance with the provisions of this Zoning Code and any additional conditions or requirements prescribed by the Board of Zoning Appeals, is or may become hazardous, noxious or offensive due to emission of odor, dust, smoke, cinders, gas fumes, noise, vibration, beat frequency, refuse matter or water-carried waste.
(Ord. 1420. Passed 2-28-66.)

1266.05 HEIGHT REGULATIONS.

   Within 200 feet of any residence district, no structure shall exceed three stories or fifty feet in height, and no structure shall exceed in height the distance measured to the centerline of any adjoining street, except as provided in Chapter 1292.
(Ord. 1420. Passed 2-28-66.)

1266.06 LOT AREA, FRONTAGE AND YARD REQUIREMENTS.

   The following minimum requirements shall be observed, except as otherwise provided in this Zoning Code:
 
 
Lot Areas
Lot Frontage
Front
Yard
Depth
Side Yard Width
Rear Year Depth
Nonresidential
None
None
20 ft.
None, except when adjoining a residence district, then not less than 25 ft. each
1 story: 20 ft.
2 stories: 30 ft.
3 stories: 40 ft.
Five feet more each additional story
 
   Dwellings or residential parts of non-residential buildings are not permitted in the M-1 District. Lot area, frontage and yard requirements for dwellings existing at the time of the enactment of this Zoning Code (Ordinance 1420, passed February 28, 1966) shall be as provided in Chapter 1252 for the R-2 District.
(Ord. 1420. Passed 2-28-66.)

1268.01 PRINCIPAL PERMITTED USES.

   The principal permitted uses in the M-2 District shall be any use permitted in the following in certain parts of such District; or permitted in certain parts subject to Board of Zoning Appeals authorization; or which are not prohibited in the M-2 District by this chapter or by any other law or ordinance.
   Any of the following uses, when located not less than 300 feet from any residence district, and not less than 100 feet from any other district, except an M-1 District, are permitted:
   (1)   Acetylene manufacturing in excess of fifteen pounds pressure per square inch;
   (2)   Acid manufacture, except as specified as a conditional use in Section 1268.02;
   (3)   Asbestos manufacturing;
   (4)   Automobile assembly;
   (5)   Bleaching, cleaning and dyeing plant of large scale production;
   (6)   Boiler shops, machine shops, structural steel fabricating shops, railway car or locomotive shops, including repair, metal working shops employing reciprocating hammers or presses over twenty tons rated capacity;
   (7)   Candle or sperm oil manufacturing;
   (8)   Coal yards;
   (9)   Cooperage works;
   (10)   Dextrine, starch or glucose manufacturing;
   (11)   Disinfectant, insecticide or poison manufacturing;
   (12)   Dye and dyestuff manufacture;
   (13)   Enameling, lacquering or japanning;
   (14)   Emery cloth or sandpaper manufacturing;
   (15)   Felt manufacturing;
   (16)   Flour or grain mill;
   (17)   Forge or foundry works;
   (18)   Gas generation or storage for illumination or heating;
   (19)   Grain drying or poultry feed manufacturing from refuse, mash or grain;
   (20)   Hair or hair products manufacturing;
   (21)   Junk yard;
   (22)   Lime or lime products manufacturing;
   (23)   Linoleum, oil cloth or oiled goods manufacturing;
   (24)   Match manufacturing;
   (25)   Meat packing, but not stockyards or slaughterhouses specified as a conditional use in Section 1268.02;
   (26)   Oil, paint, shellac, turpentine, varnish or enamel;
   (27)   Paper and pulp manufacturing;
   (28)   Perfume manufacturing;
   (29)   Pickle, sauerkraut or sausage manufacturing;
   (30)   Plaster manufacturing;
   (31)   Poultry slaughterhouse, including packing and storage for wholesale;
   (32)   Printing ink manufacturing;
   (33)   Radium extraction;
   (34)   Sandblasting or cutting;
   (35)   Sawmill; the manufacture of excelsior, wood fiber or sawdust products;
   (36)   Sewage disposal plant;
   (37)   Shoddy manufacturing;
   (38)   Shoe blacking or polish or stove polish manufacturing;
   (39)   Soap manufacturing;
   (40)   Steam power plant, except where accessory to a permitted principal use;
   (41)   Stone and monument works employing power-driven tools;
   (42)   Storage, drying, cleaning of iron, junk, rags, glass, cloth, paper or clippings, including sorting, refining, baling, wool pulling and scouring;
   (43)   Sugar refining;
   (44)   Tar or asphalt roofing or waterproofing manufacturing;
   (45)   Tar distillation or manufacturing;
   (46)   Vinegar manufacturing;
   (47)   Wire or rod drawing; nut, screw or bolt manufacturing;
   (48)   Yeast manufacturing.
(Ord. 1420. Passed 2-28-66.)

1268.02 CONDITIONAL USES.

   Any of the following uses, when located not less than 500 feet from any residence district, and not less than 200 feet from any other district, except an M-1 District, and subject to such conditions and requirements as may, in the opinion of the Board of Zoning Appeals, be necessary to protect adjacent property and prevent conditions which may become noxious or offensive, shall be permitted if and when authorized by the Board:
   (1)   Ammonia, chlorine or bleaching powder manufacture;
   (2)   Animal-black, lampblack, boneblack or graphite manufacture;
   (3)   Celluloid or pyroxyline manufacturing, or explosive or inflammable cellulose or pyroxyline products manufacturing or storage;
   (4)   Cement, lime, gypsum or plaster of Paris manufacture;
   (5)   Crematory;
   (6)   Creosote manufacture or treatment;
   (7)   Distillation of coal, petroleum, refuse, grain, wood or bones, except in the manufacture of gas;
   (8)   Explosives manufacture or storage, except for small arms ammunition;
   (9)   Fertilizer and compost manufacture or storage;
   (10)   Fish curing, smoking or packing; fish oil manufacture or refining;
   (11)   Garbage, offal, dead animals, refuse, rancid fats - incineration, reduction or storage;
   (12)   Glue manufacture, size or gelatin manufacture where the processes include the refining or recovery of products from fish, animal refuse or offal;
   (13)   Hog farm;
   (14)   Livestock feeding yard;
   (15)   Petroleum or inflammable liquids production, refining and storage above ground;
   (16)   Rubber, caoutchouc or gutta percha manufacture and treatment from crude or scrap material or the manufacture of balata;
   (17)   Stockyards or slaughtering of animals;
   (18)   Smelting of ferrous or nonferrous ores;
   (19)   Storage, curing or tanning of raw, green or salted hides or skins;
   (20)   Sulphurous, sulphuric, nitric, picric, carbolic or hydrochloric or other corrosive acid manufacture;
   (21)   Any other use which, in the opinion of the Board of Zoning Appeals, is of a similar character as those specified above.
(Ord. 1420. Passed 2-28-66.)

1268.03 ACCESSORY USES.

   Accessory uses and structures permitted and as regulated in the M-1 District, except as hereinafter modified, and such other uses and structures customarily accessory and incidental to a permitted use, shall be permitted.
(Ord. 1420. Passed 2-28-66.)

1268.04 REQUIRED CONDITIONS.

   (a)   Enclosure Not Required. Any use may be conducted in the M-2 District within or without a building or enclosure, subject only to distance requirements where applicable.
   (b)   Junk Yards; Enclosures. All junk yards shall be enclosed by a solid board fence or wall not less than six feet high.
(Ord. 1420. Passed 2-28-66.)

1268.05 PROHIBITED USES.

   (a)   Dwellings, Etc. Dwellings and residences of any kind, including motels, trailer parks, schools, hospitals, clinics and other institutions for human care, except where incidental to a permitted principal use, are prohibited in the M-2
   District, provided, however, that any of the aforesaid uses legally existing in the M-2 District at the time of adoption of this Zoning Code (Ordinance 1420, passed February 28, 1966), or any amendment thereto, shall not be classified as a nonconforming use subject to the provisions of Chapter 1238.
   (b)   Offensive Uses Not to be Authorized. No use shall be permitted or authorized to be established or maintained which, when conducted under adequate conditions and safeguards in compliance with the provisions of this Zoning Code and any additional conditions or requirements prescribed by the Board of Zoning Appeals is or may become hazardous, noxious or offensive due to the emission of odor, dust, smoke, cinders, gas, fumes, noise, vibration, beat frequency, refuse matter or water-carried waste.
(Ord. 1420. Passed 2-28-66.)

1268.06 HEIGHT REGULATIONS.

   Same as specified in the M-1 District.
(Ord. 1420. Passed 2-28-66.)

1268.07 LOT AREA, FRONTAGE AND YARD REQUIREMENTS.

   The following minimum requirements shall be observed, except as otherwise provided in this Zoning Code:
 
 
 
Lot Areas
Lot Frontage
Front
Yard
Depth
Side Yard Width
Rear Year Depth
Non-Residential Structures
None
None
20 ft.
None, except when adjoining a residence district, then not less than 50 ft. each side yard
1 story: 40 ft.
2 stories: 50 ft.
3 stories: 60 ft.
Five feet more each additional story
 
   Dwellings or residential parts of non-residential buildings are not permitted in the M-1 District. Lot area, frontage and yard requirements for dwellings existing at the time of the enactment of this Zoning Code (Ordinance 1420, passed February 28, 1966) shall be as provided in Chapter 1252 for the R-2 District.
(Ord. 1420. Passed 2-28-66.)