Mariemont City Zoning Code
ZONING DISTRICTS
§ 151.060 RESIDENCE A DISTRICT REGULATIONS.
(A) Permitted uses. The permitted uses of the Residence A District shall be limited to those set forth in this division (A).
(1) Permitted residential uses.
(a) Detached single-family dwellings; or
(b) Designated historic single-family attached dwelling as per § 151.075(F)(10), (F)(11), and (F)(12).
(2) Permitted institutional uses.
(a) Public primary and secondary schools including uses defined and authorized in R.C. §§ 3313.75 through 3313.78;
(b) Churches and other places of worship, parish center and Sunday school buildings, public museums, public art galleries; or
(c) Public administration buildings, including fire and police stations.
(3) Permitted recreational uses.
(a) Parks, play fields, playgrounds, and recreational structures, tennis courts, and community center buildings, publicly owned and operated, including such structures and concessions as are necessary for their operation (see Park District, § 151.076); or
(b) Privately-owned tennis courts, swimming pools, and paved sports areas are permitted subject to the following limitations: in any residential district, tennis courts, swimming pools, and paved sports areas shall be located no closer than 30 feet from any property line and shall not occupy more than the equivalent of 25% of the required rear yard, with the following exception: if such uses are clearly a subordinate use, such as a basketball pole on a driveway, they shall be subject to the minimum sideyard setbacks for that property as specified in this chapter for the primary structure.
(4) Permitted office uses: None.
(5) Permitted commercial uses: None.
(6) Permitted industrial uses: None.
(7) Permitted accessory uses.
(a) Professional office occupations conducted as home occupations subject to the following limitations:
1. Such office occupation shall be limited to remunerative personal service which is of value primarily for the knowledge, talent, or skill which can be communicated in oral, written, fine-arts, or graphic-arts form;
2. Such office occupation shall be conducted entirely within a dwelling;
3. No special outside entrance shall be provided or used in connection with the office occupation;
4. No person other than a resident member of the family residing on the premises shall be directly or indirectly employed in such office occupation either on or off the premises;
5. The total floor area devoted to such use shall not exceed 25% of the gross floor area of the dwelling unit, and not more than 50% of the gross floor area of any story shall be devoted to such use;
6. There shall be no production, storage, or sale of merchandise or stock in trade except the written, fine-arts, or graphic- arts materials customarily incidental to office occupations as limited in division (A)(7)(a)1. above;
7. There shall be no instruction on the premises for more than two students or trainees at any one time;
8. No display of goods or services pertaining to such office occupations shall be visible from outside the building;
9. No mechanical or electrical equipment, other than that customarily used for household purposes, shall be permitted which has a capacity over one horsepower or requires electrical service over 30 amperes; and
10. Each office home occupation shall be limited to one sign as specified under § 151.126(A)(8).
(b) Accessory structures, erected as part of the principal building or as separate from this division (A)(7)(b): when erected as a separate structure, the accessory structure shall be located in the rear yard. Accessory buildings or structures shall be located on the same lot as the principal building, shall not involve the conducting of any business, shall not be used as a habitable space, nor shall there be more than one separate accessory building on any lot.
1. Accessory buildings are permitted for one or a combination of one or more of the following uses:
a. A private garage or carport;
b. A building for the storage of tools, equipment, or supplies used for the maintenance of the buildings and land of the lot on which the accessory building is located;
c. A building for the storage of tools, equipment, and supplies used for the growing of vegetation, vegetables, fruits, shrubs, and trees on the lot on which the building is located.
d. A building or structure for use primarily as a recreational space, not limited to gazebos, screened porches, greenhouses, picnic shelters, swimming pools, tennis or sports courts.
2. An accessory structure erected as a separate building shall not exceed 15 feet in total height measured from the grade at front of the structure to the highest point of roof and when located at least three feet from all lot lines of the abutting lots. The maximum height of 18 feet is allowable if six feet or greater away from all lot lines. Maximum height will be interpolated when the distance to the nearest lot line is between three and six feet. Structures must be single story only with allowable attic storage. FRONT OF BUILDING shall mean that side facing the front property line. Such accessory buildings shall adhere to the following size requirements when located in a REQUIRED REAR YARD, defined as an area across the rear of the property 30 feet in depth multiplied by the average width of this area:
a. All accessory buildings or structures erected in the rear yard shall not occupy more than 30% of required rear yard regardless of use.
b. For lot widths 50 feet or less, the maximum footprint is 576 square feet. For lot widths greater than 50 feet, the maximum footprint is 864 square feet. This maximum size is regardless of the percentage of required rear yard calculation.
c. At all times, the accessory building must be a smaller footprint than the primary residence.
d. When power or water are provided to the accessory structure, it must have a single electric and water service fed from the primary residence.
e. Roof eaves can extend into the accessory setback up to 12 inches.
f. For street-to-street lots, the accessory structure must adhere to the setback requirements for the primary residence, including permitted obstructions in the required yard per § 151.087. Street-to-street lots have two front yards.
g. For corner lots, the accessory structure must adhere to the primary residence setback requirements for the side facing the public street.
h. For new buildings over 200 square feet where there is doubt on whether the architectural style is at a variance with the existing primary structure, the ARB will need to approve when the application is forwarded from the Building Department.
i. Additional screening, fencing, or landscape elements may also be required based on impact to neighboring properties as determined by the Building Department.
j. Spacing of the accessory buildings must be a minimum of ten feet from the nearest edge of the primary residence, and without any direct attachment that interconnects the structures. There will be no overhanging roof lines or elements between the two structures.
(8) Permitted other uses. Historic cemetery (see § 151.075(F)(17)).
(9) Permitted planned unit development uses. The uses within a planned unit development approved pursuant to the regulations as set forth in § 151.077 and on sites of a minimum size as herein indicated are as follows:
(a) Detached or attached single-family dwellings on sites one acre or more in size;
(b) Historic buildings used for two- family and multi-family dwellings with no minimum site size required, but subject to § 151.075; and
(c) All permitted and conditional uses set forth in this section may be permitted in a planned unit development.
(B) Conditional uses. The conditional uses of the Residence A District shall be limited to those set forth in this division (B), when authorized by the Building Commissioner after a finding that they meet the requirements and conditions specified hereinafter; provided further, that any conditional use shall meet the requirements and conditions specified in § 151.050.
(1) Conditional residential uses: None.
(2) Conditional institutional uses: Child care centers and preschools accessory to permitted or conditional institutional uses as in division (A)(2) above; provided, that no outdoor play area or play equipment shall be located or installed in any front yard.
(3) Conditional recreational uses: None.
(4) Conditional office uses.
(a) Business and professional offices where knowledge, talent, or skill is communicated in oral, written, fine-arts, or graphic-arts form;
(b) Other offices (including licensed medical practices) that are deemed to be compatible with the residential neighborhoods in which they may be located; and
(c) Parking for conditional office uses shall be provided as stipulated in § 151.089.
(5) Conditional commercial uses: None.
(6) Conditional industrial uses: None.
(7) Conditional other uses: None.
(8) Conditional planned unit development uses: None.
(9) Conditional accessory uses. None.
(1) Parking and loading as per § 151.089;
(2) Signs as per § 151.126;
(4) Dish-type satellite antennas and receiving systems:
(a) Dish-type antennas satellite and receiving system: A dish-type antennas satellite, plus its receiver used for receiving television signals; and
(b) The character of the village is directly linked to the economic, social, historical, and cultural health and well-being of the community. This division (C)(4)(b) therefor establishes dish-type antennas satellite and receiving system regulations to maintain the historic character of the village and to preserve the distinctive historical and architectural character of this community which has been influenced by the architecture of an earlier period. Consistent with overall village aesthetic regulations, dish-type antennas satellite signal and receiving systems, subject to the following regulations, may be located within the village.
1. Dish-type antennas satellite signal and receiving systems shall be located only in the rear yard, either behind the principal dwelling or structure located on the lot, or attached to the rear of the principal building or structure, and subject to divisions (C)(4)(b)2. through (C)(4)(b)4. below, except in the event that the optimal satellite signal cannot be obtained at this location, the property owner shall furnish, as a condition of the granting of the required building permit, a duly notarized affidavit from the supplier of the dish-type antennas stating that all appropriate measures were undertaken whichprecluded placing the antenna in any location other than the rear of the structure. In the event that the optimal satellite signal cannot be obtained at this location by the installer, the property owner must notify the Building Department to have the signal strength verified by village inspector. No deviation on the placement of the dish antenna is permitted without prior approval from the Building Department.
2. The maximum size of any dish antenna shall not exceed 18 inches by 20 inches parabolic dimensions. The dish-type antennas satellite signal and receiving system shall be located so that however turned or otherwise used, no part of the system or its mounting structure will project into a side yard at the rear corner of the principal building or structure and if mounted in the rear yard, shall be set back from the rear lot line no less than 15 feet. If mounted on the principal building or structure, no part of the system or its mounting structure shall extend above any part of the highest part of the roof of the principal building or structure; however, it may be mounted on the rear side of a chimney; provided, that no part of the structure may extend more than two feet above the top of the chimney. If ground mounted in the rear yard, no part of the system including the mounting apparatus may extend more than five feet above the ground.
3. No installation or erection of a dish-type satellite signal and receiving system shall commence before a permit is obtained in accordance with this chapter.
4. All other dish-type antennas satellite signal and receiving systems are prohibited.
(5) Cellular or wireless communications towers and facilities for the provision of personal wireless services shall be prohibited in any residential or business district (see § 151.093);
(6) In any residential district, one rod or wire antenna for the receiving of television or radio signals may be mounted on the principal building at a height of not more than five feet above the highest point of the structure;
(7) Animals: the keeping of wild animals, livestock, game, fowl, and the operation of a licensed kennel are prohibited. Domestic animals shall be kept in a manner that does not create a “nuisance” as defined in this code of ordinances;
(8) Construction support equipment and structures for projects on private property shall be located entirely on the building lot affected and not on the public thoroughfare. No temporary toilet, construction trailer, or trash disposal device shall be located nearer to the property line than 15 feet. Trash disposal devices shall be emptied promptly and as necessary to avoid clutter to the ground and surrounding properties. Temporary toilets shall be serviced regularly to avoid odor. All such devices shall be removed promptly at the end of construction. Projects located on public property shall not impinge on private property including access thereto; and
(9) No stormwater drainage shall be allowed to flow from a property onto a neighboring property on new construction completed after January 1, 2007. All stormwater shall be conducted to a storm sewer, street gutter line, or drainage swale located in the public right-of-way.
(2000 Code, § 151.060) (Ord. O-4-96, passed 3-25-1996; Ord. O-2-98, passed 1-12-1998; Ord. O-16-03, passed 11-24-2003; Ord. O-12-06, passed 12-26-2006; Ord. O-6-18, passed 2-12-2018; Ord. O-1-25, passed 1-13-2025)
§ 151.061 RESIDENCE B DISTRICT REGULATIONS.
(A) Permitted uses. The permitted uses of the Residence B District shall be limited to those set forth in this division (A).
(1) Permitted residential uses.
(a) Detached single-family dwellings; or
(b) Two-, three-, or four-family dwellings containing not more than four single-family dwelling units.
(2) Permitted institutional uses.
(a) All uses permitted under § 151.060(A)(2);
(b) Hospitals, nursing, rest or convalescent homes, retirement communities and group care centers, and accessory uses located within the principal structure subordinate to the principal use in area, extent, and purpose, which shall include medical clinics and medical offices. A facility or facilities for uses permitted under this section shall be located on a parcel or parcels under common ownership with a minimum area of five acres and further; provided, that substance abuse treatment or rehabilitation facilities and facilities for the treatment or housing of mentally ill persons shall not be permitted uses within this district;
(c) Multi-service centers providing community-wide support and services to persons who are elderly; or
(d) Public library.
(3) Permitted recreational uses: All uses permitted as per § 151.060(A)(3).
(4) Permitted office uses: None.
(5) Permitted commercial uses: None.
(6) Permitted industrial uses: None.
(7) Permitted accessory uses.
(a) Office occupations as a home occupation as per § 151.060(A)(7)(a)1. through (A)(7)(a)10.
(b) Accessory buildings as per § 151.060(A)(7)(b)1. and (A)(7)(b)2.
(8) Permitted other uses: None.
(9) Permitted planned unit development uses. The uses within a planned unit development
approved pursuant to the regulations as set forth in § 151.077 and on sites of a minimum size as herein indicated are as follows:
(a) Detached or attached single-family dwellings on sites one acre or more in size;
(b) Historic buildings used for two- family and multi-family dwellings with no minimum site size required, but subject to § 151.075; and
(c) All permitted and conditional uses set forth in this section may be permitted in a planned unit development.
(B) Conditional uses. The conditional uses of the Residence B District shall be limited to those set forth in this division (B), when authorized by the Building Commissioner after a finding that they meet the requirements and conditions specified hereinafter; provided further, that any conditional use shall meet the requirements and conditions specified in § 151.050.
(1) Conditional residential uses: None.
(2) Conditional institutional uses: Child care centers and preschools as per § 151.060(B)(2).
(3) Conditional recreational uses: None.
(4) Conditional office uses: None.
(5) Conditional commercial uses: None.
(6) Conditional industrial uses: None.
(7) Conditional other uses: None.
(8) Conditional planned unit development uses: None.
(9) Conditional accessory uses: None.
(1) Parking and loading as per § 151.089;
(2) Signs as per § 151.126;
(4) Dish-type satellite and receiving systems as per § 151.060(C)(4);
(5) Free standing antennas as per § 151.060(C)(6); and
(6) Animals as per § 151.060(C)(7).
(2000 Code, § 151.061) (Ord. O-4-96, passed 3-25-1996; Ord. O-6-98, passed 1-12-1998)
§ 151.062 RESIDENCE C DISTRICT REGULATIONS.
(A) Permitted uses. The permitted uses of the Residence C District shall be limited to those set forth in this division (A).
(1) Permitted residential uses.
(a) Detached single-family dwellings;
(b) Two-, three-, or four-family dwellings containing not more than four single-family dwelling units; or
(c) Multiple dwellings containing not more than 22 dwelling units in any one structure.
(2) Permitted institutional uses: All uses permitted as per § 151.060(A)(2).
(3) Permitted recreational uses: All uses permitted as per § 151.060(A)(3).
(4) Permitted office uses: None.
(5) Permitted commercial uses: None.
(6) Permitted industrial uses: None.
(7) Permitted accessory uses:
(a) Office occupations as a home occupation as per § 151.060(A)(7)(a)1. through (A)(7)(a)10; or
(b) Accessory buildings as per § 151.060(A)(7)(b)1. and (A)(7)(b)2.
(8) Permitted other uses: None.
(9) Permitted planned unit development uses. The uses within a planned unit development approved pursuant to the regulations as set forth in § 151.077 and on sites of a minimum size as herein indicated are as follows:
(a) Detached or attached single-family dwellings on sites one acre or more in size;
(b) Historic buildings used for two- family and multi-family dwellings with no minimum site size required, but subject to § 151.075; or
(c) All permitted and conditional uses set forth in this section may be permitted in a planned unit development.
(B) Conditional uses. The conditional uses of the Residence C District shall be limited to those set forth in this division (B), when authorized by the Building Commissioner after a finding that they meet the requirements and conditions specified hereinafter; provided further, that any conditional use shall meet the requirements and conditions specified in § 151.050.
(1) Conditional residential uses: None.
(2) Conditional institutional uses: Child care centers and preschools as per § 151.060(B)(2).
(3) Conditional recreational uses: None.
(4) Conditional office uses: None.
(5) Conditional commercial uses: None.
(6) Conditional industrial uses: None.
(7) Conditional other uses: None.
(8) Conditional planned unit development uses: None.
(9) Conditional accessory uses: None.
(1) Parking and loading as per § 151.089;
(2) Signs as per § 151.126;
(4) Dish-type satellite and receiving systems as per 151.060(C)(4);
(5) Freestanding antennas as per § 151.060(C)(6); or
(6) Animals as per § 151.060(C)(7).
(2000 Code, § 151.062) (Ord. O-4-96, passed 3-25-1996)
§ 151.063 BUSINESS A DISTRICT REGULATIONS.
(A) Permitted uses. The permitted uses of the business district shall be limited to those set forth in this division (A).
(1) Permitted residential uses: Historically designated combination multiple dwelling above business (see § 151.075(F)).
(2) Permitted institutional uses.
(a) All uses permitted as per § 151.060(A)(2); or
(3) Permitted recreational uses: All uses permitted as per § 151.060(A)(3).
(4) Permitted office uses.
(a) Business and professional offices where knowledge, talent, or skill is communicated in oral, written, fine-arts, or graphic-arts form; or
(b) Offices for the practice of medicine, dentistry, or optometry by persons licensed in accordance with R.C. Chs. 4731, 4715, and 4725, respectively.
(5) Permitted commercial uses.
(a) Retail sales as follows:
1. Grocery stores, meat-fruit, vegetable markets, supermarkets, candy or confectionery stores, drug stores, delicatessens, florist shops, and similar uses;
2. Retail stores: art or antique; artists supply; auto supply (except automobile filling stations and the installation of auto parts and accessories); bicycle sales; books; cabinetry; clothing; dry goods; electrical appliances; eyeware; furniture; floor covering; gifts; handicraft; hardware; jewelry; leather goods and luggage; millinery; notions; paint; picture frames; radio and television; shoes; sporting goods; stamps and coins; stationery; toys; watches; and clocks;
3. Bakeries employing not more than four persons in production;
4. Restaurants, provided:
a. Restaurants shall not permit the consumption of food or beverage in automobiles parked upon the premises;
b. Drive-through establish ments are not permitted; and
c. Where such uses include the presentation of entertainment, there shall be no openings in side walls, rear walls, or roofs within 50 feet of a residence district unless such openings are stationary windows or required means of egress.
(b) Business and personal services as follows:
1. Banks, building and loan companies, savings and loans companies, and similar institutions;
2. Barber shops, beauty parlors, shoe and hat repair shops, tailoring, dressmaking, and similar uses;
3. Dry cleaning and laundry pick- up stations, except 24-hour self-service laundry establishments which are prohibited;
4. Theaters; provided, that there shall be no openings in side walls, rear walls, or roofs within 50 feet of a residential district unless such openings are stationary windows which are required means of egress;
5. Commercial art studios, photograph studios, dance studios;
6. Business appliance and repair shops, photocopying, mimeographing, and printing shops;
7. Post offices; or
8. Hotels.
(6) Permitted industrial uses: None.
(7) Permitted accessory uses:
(a) Historic registry. The core of the village as founded by Mary Emery and designed by John Nolan was placed on the National Historic Register on July 24, 1979. This National Historic Register section is bound by Indianview Avenue on the east, Murray Avenue on the north, Beech Street properties on the west, to Wooster Pike and the corporation line running between the village and Fairfax; the south boundary is the village corporate line. In order to safeguard the historical integrity of the village, all accessory uses and structures, including kiosks, vending machines, and including temporary apparatus, such as tables and hanging racks, for the display of merchandise outside a commercial establishment, are expressly prohibited in Business A District that lies within the National Historic Registry area of the village with two exceptions: racks or boxes for distribution of news publications; provided, that such racks or boxes conform to the requirements in division (A)(7)(b) below, and outdoor dining connected with an established restaurant, subject to the regulations in division (A)(7)(c) below.
(b) Racks or boxes for distribution of news publications. In order to protect the historic integrity of the village and preserve the safe flow of pedestrian and vehicular traffic, news publications boxes are permitted only as follows:
1. General rules; exceptions. Racks or boxes for the distribution of news publications are expressly prohibited in all residential districts of the village and in the entire area designated by National Historic Register. There shall be two exceptions: one “designated” area in the business district located on Wooster Pike (see division (A)(7)(b)2. below), and in the entire industrial district (see division (A)(7)(b)3. below);
2. Maintenance. In the village business district, which lies within the National Historic Register District, boxes for the distribution of news publications shall be provided, installed, and maintained by the publication vendor specifically as follows:
a. Each newsrack box in the business district shall be Sherwin Williams Rookwood Dark Brown, or SHO-RACK Bronze Brown in color, or an approved equal (color chip is available at Col. Donald L. Shanks Municipal Building);
b. Each unit in the business district shall be a TK49-16 or K49-16 with enclosed sheet metal base for a total height of no more than 39 inches as per SHO-RACK by Kasper Wire Works, Inc., or an approved equal (specs available in Col. Donald L. Shanks Municipal Building);
c. In the Business A District the name of the publication may be displayed and an advertising rack card may be placed on the sidewalk face of the newsrack. All other newsrack advertising is prohibited;
d. Installation for each unit shall be by the publication distributor with all boxes being ground mounted to stabilize and prevent drifting;
e. Units may be placed in the “designated area” only which shall be in front of the Mariemont Inn along the westbound side of Wooster Pike and west of Madisonville Road;
f. The boxes placed in the “designated area”, as per division (A)(7)(b)2.e. above, on Wooster Pike shall run parallel to the curb at a minimum distance of 18 inches from the outside edge of the curb; or
g. Permits for all news-racks, without fee, are required (see division (A)(7)(b)6. below).
3. Boxes in industrial districts. Boxes of any design are allowed in the industrial district with the issuance of a permit (see division (A)(7)(b)6. below). All boxes for distribution of news publications in the Industrial A District shall be provided by and maintained as per divisions (A)(7)(b)4. through (A)(7)(b)6.below by the publications;
4. Boxes in Business A District and Industrial A District. All permitted boxes for the distribution of news publications in Business A District and Industrial A District shall be located so as to not obstruct the reasonable use of the following: bus stops: in particular boxes may not be placed where they are likely to block the front or rear doors of a bus when stopped; front doors of buildings, offices, or stores; crosswalks; fire hydrants; utility boxes for water, sewer, gas, electric, or telephone; handicapped ramps; and any other location likely to present danger to the health, safety, and welfare of the public;
5. Maintenance and condition of newsrack boxes.
a. Every rack or box for the distribution of news publications placed in accordance with this section shall be maintained by the publication in a neat and clean condition and in good repair at all times. The Village Maintenance Supervisor shall report all maintenance and/or condition problems (as per this division and division (A)(7)(5)b. below) to the Col. Donald L. Shanks Municipal Building in writing.
b. All clear plastic or glass parts, if any, through which publications are viewed, must be maintained by the publication in an unbroken condition and free of cracks, dents, blemishes, and discoloration. All structural parts shall be maintained in an unbroken or not unduly misshapen condition.
c. Upon written notice from the Col. Donald L. Shanks Municipal Building, racks for distribution of publications shall be removed from any designated location for a period up to 60 days in order for maintenance or construction work to be done in the vicinity. The Building Commissioner shall provide such notice not less than 15 days prior to the date for removal, unless an emergency exists, in which event notice shall be provided without undue delay.
d. Upon report from the Village Maintenance Supervisor of any violations of this division (A)(7)(b), the village may request removal of any box not complying with this chapter. Failure to remove within ten days will result in village removal at the expense of the publication.
6. Permit and appeal.
a. No person, firm, corporation, or other entity shall use any rack or box for distribution of news publications without first applying to the Col. Donald L. Shanks Municipal Building for a permit on application forms provided by the village. The permits shall be renewed annually by July 1, to begin the first year after the effective date of this chapter. There shall be no permit fee (see also division (A)(7)(b)2.g. above).
b. The application form shall disclose the identity of the party utilizing the newsrack box and all locations at which usage is proposed.
c. Within 14 working days following receipt of each application, the village shall notify the applicant of approval or disapproval.
d. An applicant may appeal any denial of a permit or removal order for noncompliance by filing a written appeal to the Planning Commission within ten days following such denial. Upon appeal, the Planning Commission and the Architectural Review Board may affirm, reverse, or modify the decision of the village; provided, that the purpose and intent of the standards provided in this chapter are adhered to by the Planning Commission.
(c) Outdoor dining. Outdoor dining connected with an established restaurant shall be permitted as an accessory use only if the following criteria and regulations have been met.
1. The following definitions shall apply to outdoor dining.
a. OUTDOOR DINING shall mean an area not enclosed in a building and which is intended as an accessory area to a restaurant which provides food and/or drink to customers for consumption on the premises. Specifically not regulated by this section are village parks, residential districts, village authorized special events, and activities on property primarily used for institutional purposes, such as schools, churches, community centers, and similar establishments.
b. PREMISES means the real estate owned, leased, or rented by the licensed indoor dining establishment.
2. Outdoor dining shall be permitted as an accessory use only if all of the criteria in this division (A)(7)(c)2. and divisions (A)(7)(c)4. and (A)(7)(c)5. below are met.
a. The primary activity of the business offering the outdoor dining is the sale of prepared food and/or drink for consumption by purchasers on the premises.
b. There shall be no encroachments of permanent improvements into the setbacks required by this code of ordinances.
c. The outdoor dining plan of the premises shall be consistent with any other development plans, conditions, variances, or other special restrictions that apply to the property.
d. Signage in the outdoor dining areas shall be in compliance with this chapter. Signs on umbrellas and other items in any outdoor dining area located within the public right-of-way are not permitted unless they are in compliance with this chapter.
e. Noise, music, or sounds emanating from the outdoor dining area shall be in accordance with regulations prohibiting excessive noise in the village. Outdoor music shall not be significantly audible off premises.
f. The outdoor dining area shall meet all applicable laws and regulations including Board of Health regulations, Department of Liquor Control regulations, and building regulations of the village, and this chapter.
g. The outdoor dining area shall not be open before 6:00 a.m. on any day, nor after 1:30 a.m. on any day.
h. The arrangement of the outdoor dining area shall facilitate pedestrian traffic patterns and not unreasonably impede the exit from the principal building or access to nearby businesses or residences. The Building Commissioner shall not approve any plan that will cause any public sidewalk to be narrower than five feet. Any permit which approves the use of public right-of-way (including sidewalks) shall be revocable by the village upon at least 30 days advance notice to the permit holder. Low fences, walls, and plants in containers may be required. Where appropriate to define the outdoor area, fences, walls, and barriers must have sufficient weight or utilize ground pins so as to prevent straying into the public right-of-way.
i. The outdoor dining area shall not be unreasonably distracting to vehicular traffic. Lighting, proximity to roadways, color schemes, and desirability of screening or fencing the outdoor area shall be considered. Outdoor dining equipment must be constructed of nonreflective materials. No lighting of the outdoor dining area that is distracting or unnecessarily impacts on adjoining properties or roadways shall be approved.
j. Maintenance of the outdoor dining area shall be as follows.
i. The outdoor dining area shall be located on a surface which can be readily cleaned or hosed down.
ii. All outdoor dining equipment, including tables, chairs, and umbrellas must be stored indoors or in a secure area or otherwise adequately secured when the outdoor dining area is closed.
iii. The outdoor dining facilities area must be kept clear of litter and maintained in a safe, sanitary, and well-maintained condition, including tables, chairs, umbrellas, and any screening.
3. A permit is required for outdoor dining.
a. Application for a permit shall be made to the Building Commissioner with the proposed outdoor dining plan.
b. No outdoor dining area shall be allowed without a permit, or as otherwise approved by a variance.
c. If the outdoor dining is to be located within a public right-of-way, the applicant must provide comprehensive and general liability insurance in the amount not less than $2,000,000 holding the village harmless. Further, the applicant must provide for indemnification naming the village as an additional named insured and providing indemnification and coverage with respect to any liability arising from the use or operation of said facility. Such insurance is to be satisfactory to the village. The applicant shall provide a certificate of insurance to the village.
d. A permit shall be issued only if the application complies with this section and the required fee has been paid.
e. A new permit shall be required if the permit holder materially alters the outdoor dining from that depicted on the outdoor dining plan submitted pursuant to division (A)(7)(c)4. below.
f. The initial fee for an outdoor dining permit is $25.
4. An outdoor dining plan must be submitted as part of the application for the permit approval. The outdoor dining plan shall be in accordance with the requirements stated on the permit application and the standards and criteria stated in this chapter. The plan shall include the following items:
a. A sketch to scale of the premises clearly defining the area proposed for outdoor dining including any encroachment into a public right-of- way, and/or sidewalks. The sketch must depict the proposed location of each item to be placed within the area, such as chairs, tables, and umbrellas;
b. Pictures or other adequate description of chairs, tables, umbrellas, waste receptacles, fencing, screening, plantings, or other changes proposed for the area;
c. Description of proposed lighting, traffic patterns and signage;
d. Description of service to be provided in the outdoor dining area including the proposed hours of operation;
e. Explanation of any proposed changes to traffic patterns (pedestrian or vehicular);
f. Upon submission of all items required on the application, the outdoor dining permit must be approved in writing by the Building Commissioner and acceptance shall be countersigned by the applicants;
g. If application for permit for an outdoor dining area is denied by the Building Commissioner, the applicant may appeal to the Planning Commission. If denied by the Planning Commission, the applicant may appeal the decision to the Village Council within ten days from the denial. Said appeal(s) shall be filed in writing with the Building Commissioner; and
h. If the outdoor dining area violates the regulations of this section or the terms and criteria approved by the Building Commissioner, notice of said violation will be served on the permit holder. The permit holder will have ten days to correct the specified violations unless there is determined to be a public hazard which will require the immediate removal or correction of the violation. Failure to correct the violation shall cause the permit to be revoked.
(8) Permitted other uses: None.
(9) Permitted planned unit development uses: None.
(B) Conditional uses. The conditional uses of the Business A District shall be limited to those set forth in this division (B), when authorized by the Building Commissioner after a finding that they meet the requirements and conditions specified hereinafter; provided further, that any conditional use shall meet the requirements and conditions specified in § 151.050:
(1) Conditional residential uses: None.
(2) Conditional institutional uses: None.
(3) Conditional recreational uses: None.
(4) Conditional office uses: None.
(5) Conditional commercial uses: Any other retail, business, or personal service determined by the Building Commissioner to be of the same general character as those permitted in divisions (A)(4) and (A)(5) above.
(6) Conditional industrial uses: None.
(7) Conditional other uses: None.
(8) Conditional planned unit development uses: None.
(9) Conditional accessory uses: None.
(1) Parking and loading as per § 151.089;
(2) Signs as per § 151.127;
(4) Dish-type satellite and receiving systems as per § 151.060(C)(4), except that dish-type satellites may be located on the rear roof of the principal structure; provided, that no portion of the satellite or its mounting apparatus may extend beyond the sides of the principal structure or the top of the roof line;
(5) Freestanding antennas as per § 151.060(C)(6); or
(6) Animals as per § 151.060(C)(7).
(2000 Code, § 151.063) (Ord. O-4-96, passed 3-25-1996; Ord. O-23-98, passed 6-22-1998)
§ 151.064 INDUSTRIAL A DISTRICT REGULATIONS.
(A) Permitted uses. The permitted uses of the Industrial A District shall be limited to those set forth in this division (A). No processes and equipment shall be employed or goods used, made, or sold which are hazardous, obnoxious, or offensive, by reason of the emission of odor, dust, smoke, cinders, gas fumes, liquid, water-carried waste, refuse matter, noise, or vibration.
(1) Permitted residential uses: None.
(2) Permitted agricultural uses.
(a) The growing of vegetables, fruits, flowers, shrubs, and trees; or
(b) Commercial greenhouses and nurseries; provided, that no solid fuel shall be used for heating purposes when the smokestacks or chimneys are located within 100 feet of an abutting property in a residential district.
(3) Permitted institutional uses: All uses permitted as per § 151.063(A)(2).
(4) Permitted recreational uses: All uses permitted as per § 151.060(A)(3).
(5) Permitted office uses: Offices as permitted in Business A District per § 151.063(A)(4).
(6) Permitted commercial uses:
(a) All uses permitted under § 151.063(A)(5);
(b) Laundry and dry cleaning establishments; or
(c) Wholesale establishments for manufacturers’ agents and distributors of completely manufactured agents, including retail sale of such products off the premises.
(7) Permitted industrial uses.
(a) The manufacturing, including assembling, altering, converting, fabricating, finishing, processing, treatment, packaging, and repackaging, of the following products:
1. Products from the following previously manufactured materials: cellophane; cloth; cork; glass; leather; paper; plastics; precious or semiprecious metals or stones; textiles; and wood;
2. Metal products, foundry, and similar products;
3. Appliances, including electrical and electronic appliances, instruments and devices, television sets, radios and phonographs, electric and neon signs;
4. Musical instruments;
5. Novelties, including toys;
6. Pottery and figurines, using previously pulverized clay and kilns fired only with gas or electricity;
7. Medical, dental, and drafting instruments, including optical and similar precision instruments;
8. Orthopedic or medical appliances; or
9. Watches or clocks, including mechanisms for clockwork operated devices, and clock and watch parts.
(b) The manufacturing, processing, packaging, or distributing of the following food products: candy; nuts; chewing gum; cakes; cookies; and other confections and related products.
(8) Permitted accessory uses: Accessory structures are permitted provided they adhere to all Industrial A District regulations for principal structures.
(9) Permitted other uses: Railroad train sidings and yards when located 100 feet or more from a residence district boundary line.
(10) Permitted planned unit development uses: None.
(B) Conditional uses. The conditional uses of the Industrial A District shall be limited to those set forth in this division (B), when authorized by the Building Commissioner after a finding that they meet the requirements and conditions specified hereinafter; provided further, that any conditional use shall meet the requirements and conditions specified in § 151.050.
(1) Conditional residential uses: None.
(2) Conditional institutional uses: None.
(3) Conditional recreational uses: None.
(4) Conditional office uses: None.
(5) Conditional commercial uses. Commercial uses permitted under division (B)(6) below and when located within 100 feet of any residential boundary line; provided, that such use, in the opinion of the Building Commissioner, is not hazardous, offensive, or objectionable due to odor, dust, smoke, cinders, gas fumes, noise, vibration, radiation, refuse matter, or water-carried waste.
(6) Conditional industrial uses.
(a) Industrial uses permitted under division (A)(7) above and when located within 100 feet of any residential boundary line; provided, that such use, in the opinion of the Building Commissioner, is not hazardous, offensive, or objectionable due to odor, dust, smoke, cinders, gas fumes, noise, vibration, radiation, refuse matter or water-carried waste.
(b) Bulk storage for liquid fuels, petroleum products, petroleum, and volatile oils; provided, that all tanks shall adhere to the following regulations:
1. Contain products used in the normal production processes of that industry;
2. If above ground, be registered with the prior written approval of the Village Fire Department;
3. If below ground be registered with the State Fire Marshals Office, Bureau of Underground Storage Tanks; and
4. If existing as of the date of this chapter shall have installed adequate dikes, acid neutralizers, and other protective safety devices.
(7) Conditional other uses. Storage areas, accessory, incidental and subordinate to the principal use, may be located outside an enclosed building; provided, that such storage be limited to a height of six feet and be enclosed by a screen fence at least six feet in height and; provided further, that such storage area shall not exceed in all 25% of the floor area of the principal building located on the lot and shall not be located between the building and the street line. The limitation of 25% shall not apply to the space used for the parking of vehicles.
(8) Conditional planned unit development uses: None.
(9) Conditional accessory uses: None.
(1) Parking and loading as per § 151.089;
(2) Signs as per § 151.128;
(4) Dish-type satellite and receiving systems are permitted with the issuance of a building permit;
(5) Freestanding antennas as per § 151.060 (C)(6); or
(6) Animals. The keeping of wild animals, livestock, game, fowl, and the operation of a licensed kennel are prohibited.
(D) Additional Industrial A District use regulations.
(1) The following regulations qualify or supplement the Industrial A District use regulations in division (A) above.
(2) The only industrial uses permitted are those listed in divisions (A) and (B) above. Notwithstanding the following uses are expressly prohibited within any zoning district:
(a) Stock yard, abattoirs, and slaughter house, including fat rendering;
(b) Manufacture of explosive or flammable materials;
(c) Manufacture of poisonous or noxious materials;
(d) Storage, baling, or treatment of junk, iron, rags, bottles, or scrap paper; or
(e) Sewage disposal plants.
(2000 Code, § 151.064) (Ord. O-4-96, passed 3-25-1996)
§ 151.065 RESIDENCE D DISTRICT REGULATIONS.
(A) Permitted uses. The permitted uses of the Residence D District shall be limited to those set forth in this division (A).
(1) Permitted residential uses. Multiple- dwellings containing more than four single-family dwelling units.
(2) Permitted institutional uses. Multi-service centers providing community-wide support services to persons who are elderly.
(3) Permitted recreational uses: None.
(4) Permitted office uses: None.
(5) Permitted commercial uses: None.
(6) Permitted industrial uses: None.
(7) Permitted accessory uses.
(a) Office occupations as a home occupation as per § 151.060(A)(7)(a)1. through (A)(7)(a)10; or
(b) Accessory buildings when intended to be used for recreational use by persons residing on the premises on which the principal building is located and erected as a separate structure. Such accessory buildings shall be located in the rear yard only and shall not exceed 15 feet in total height as measured from the grade at the front of the structure to the highest point of roof and shall be at least three feet from all lot lines of the abutting lots. All such accessory buildings shall not exceed in area more than 25% of said required rear yard.
(8) Permitted other uses: None.
(9) Permitted planned unit development uses: None.
(B) Conditional uses. The permitted conditional uses of the Residence D District shall be limited to those set forth in this division (B).
(1) Conditional residential uses: None.
(2) Conditional institutional uses: None.
(3) Conditional recreational uses: None.
(4) Conditional office uses: None.
(5) Conditional industrial uses: None.
(6) Conditional other uses: None.
(7) Conditional planned unit development uses: None.
(8) Conditional accessory uses: None.
(1) Parking and loading as per § 151.089, subject to limitations as per division (D) below and the following:
(a) The number of resident parking spaces that shall be required shall be one parking space for each one-bedroom dwelling unit and two parking spaces for each dwelling unit with two or more bedrooms;
(b) Guest and service parking shall be required at the rate of one-fourth of one space for each dwelling unit, regardless of the number of bedrooms;
(c) No less than 60% of the required resident parking spaces shall be located in a parking facility that is located beneath a principal residential structure and shall be constructed so that at least 50% of the height of the parking structure shall be located below the average grade of the front yard; and
(d) All surface parking lots in the Residence D District shall be adequately screened through the use of either/or shrubs and trees or a solid screen wall (pursuant to division (C)(3)(b) below).
(a) Limitations as per division (D) below, and
(b) A solid screen wall which will serve to meet the requirement for screening of a surface parking lot per division (C)(1)(d) above would be permitted up to a height of four feet.
(4) Dish-type satellite and receiving systems as per § 151.060(C)(4), except that dish-type satellites may be located on the rear roof of the principal structure; provided, that no portion of the satellite or its mounting apparatus may extend beyond the sides of the principal structure or the top of the roof line;
(5) Freestanding antennas as per § 151.060(C)(6); and
(6) Animals as per § 151.060(C)(7).
(D) Additional Residence D District development regulations. The following regulations qualify or supplement the Residence D District use regulations in divisions (A) and (B) above.
(1) Site plan review and approval. All new construction and additions to all structures and parking lots shall require review and approval by the Planning Commission and the Architectural Review Board in accordance with the following procedures.
(a) An application shall be submitted to the Building Commissioner for review and approval as outlined below prior to the issuance of a permit. Completed applications shall include five copies of a site plan and an accompanying letter describing the development. The site plan shall include at a minimum the following: elevation contours; existing and proposed easements and right-of-way on the site, existing and proposed structures; significant existing and proposed landscaping and paving; existing and proposed signage; elevations; and additional information deemed necessary by the Building Commissioner for adequate review by the Planning Commission and Architectural Review Board. The Building Commissioner shall transmit a copy of the application to the Architectural Review Board within 14 days from receipt of all required information.
(b) The Architectural Review Board will formally meet within 30 days of receipt of the required information from the Building Commissioner to review and to either approve or deny the application, as provided for in § 151.025. Upon approval of the application, the Architectural Review Board shall issue a certificate of appropriateness. In issuing a certificate of appropriateness, the Architectural Review Board shall consider provisions for architectural styles appropriate in the location proposed, facade, and roofline changes that would prevent the appearance of one large structure, building materials, and signage consistent with the standards of the village.
(c) 1. The Planning Commission shall also review the application, either simultaneous with but no later than 30 days of issuance of the certificate of appropriateness by the Architectural Review Board. Approval or denial of the application shall be reflected in the minutes of the Planning Commission meeting.
2. In reviewing the application, the Planning Commission shall consider the following provisions for compliance with the requirements of this district:
a. To protect the value, appearance, and use of property on which buildings are constructed;
b. To maintain a high character of community development, and to ensure the compatibility of new development;
c. To protect the public peace, health, safety, convenience, and welfare;
d. To protect real estate within the village from impairment or destruction of value; and
e. To regulate the design, use of materials, finish grade lines, dimensions, orientation and location of all main and accessory buildings to be erected.
(d) Applications approved by the Planning Commission may proceed to construction after obtaining the necessary permits from the Building Commissioner.
(e) Building permits issued by the Building Commissioner as a result of favorable approvals granted pursuant to this division (D) shall be void one year after the date upon which approval was granted unless any of the following criteria is met:
1. In the case of new construction, work upon the structure shall have begun above the foundation walls;
2. In the case of reconstruction or modifications to a structure, a certificate of occupancy has been granted; or
3. If the time period is extended by a majority vote of the Planning Commission.
(2) Permitted density. The maximum permitted density for uses within the Residence D District shall be no more than 39 units per acre.
(3) Building height requirements. The maximum building height within the Residence D District shall be 30 feet when built at the 20-foot minimum side-yard setback line. The 30-foot maximum height may be increase one foot for each additional foot of side-yard setback up to a maximum building height of 45 feet. Building height for the Residence D District shall be defined as the vertical distance from the average lot grade at the front of the structure to the highest point of the coping of a flat roof, or to the peak of a gambrel, gable, mansard, or hip roof.
(4) Front yard setback. The minimum front-yard setback shall be ten feet.
(5) Rear yard setback. The minimum rear yard setback shall be 20 feet for buildings less than 18 feet in height, 25 feet for buildings between 18 and 30 feet in height, and 30 feet for buildings greater than 30 feet in height.
(6) Side yard setback. The minimum side yard setback shall be ten feet from all business, and multi-family property uses and 20 feet from all single and two-family uses.
(7) Parking setback, access, and buffering. In addition to the requirements of § 151.089, parking lots for five or more vehicles shall provide a minimum setback of ten feet from all right-of-way and residential property lines. Permitted access to such parking lots shall be determined through the site plan review and A\approval process outlined in division (D)(1) above. A minimum of four trees and 20 shrubs per 100 linear feet shall be planted within ten feet of all parking lot boundaries and exposed parking structures adjacent to a public street or residential property line. Landscape plans shall be submitted for site plan review and shall be approved upon the finding that landscaping plans are adequate to properly screen all off-street parking areas from neighboring properties so as to reduce nuisances from lights and noise.
(E) Effective date. This section shall take effect at the earliest date allowed by law.
(Ord. O-06-09, passed 7-13-2009)