Marietta City Zoning Code
TITLE ONE
Zoning
1101.01 DEFINITIONS.
(a) Usage generally:
(1) The present tense shall include the future tense.
(2) The singular includes the plural.
(3) The word “person” includes a corporation as well as an individual.
(4) The word “lot” includes the word “plot” or “parcel”.
(5) The term “shall” is always mandatory.
(6) The word “used” or “occupied” as applied to any land or building shall be construed to include the words “intended, arranged or designed to be used or occupied”.
(b) Accessory use or accessory:
(1) “Accessory use”:
A. Means a use conducted on the same zoning lot as the principal use to which it is related (whether located within the same or an accessory building or structure, or as an accessory use of land), except that, where specifically provided in the applicable district regulations, accessory off-street parking or loading need not be located on the same zoning lot; and
B. Means a use which is clearly incidental to, and customarily found in connection with, such principal use; and
C. Means either in the same ownership as such principal use, or operated and maintained on the same zoning lot substantially for the benefit or convenience of the owners, occupants, employees, customers or visitors of the principal use.
(2) When “accessory” is used in the text, it has the same meaning as accessory use.
(c) “Apartment” means a room or group of rooms in an apartment house designed for and occupied exclusively as a residence for only one family or group of persons living together as a unit.
(d) “Apartment house” means a building designed for and occupied exclusively for three or more families, or groups of persons living together as a unit, and living independently of one another.
(e) “Automotive service station” means a building or other structure or a tract of land used exclusively for the storage and sale of gasoline or other motor fuels and for any uses accessory thereto. The sale of lubricants, accessories or supplies, the lubrication of motor vehicles, the minor adjustment or repair of motor vehicles or the occasional washing of motor vehicles are permitted accessory uses.
A public parking lot or public parking garage is not a permitted accessory use. In regard to the location of service station equipment, a pump, light stand, air tower, water outlet or similar installation may be placed within the required front yard, but no closer to the curb line that fifteen feet.
(f) “Block” mean a tract of land bounded by:
(1) Streets;
(2) Public parks;
(3) Railroad rights of way, when located at or above ground level, but not including sidings or spurs in the same ownership as the zoning lot;
(4) Shore lines, or
(5) Corporate boundary lines of the City.
(g) “Boarding or rooming house” means a dwelling, not a single-family or multiple family dwelling, apartment house or a hotel, providing lodging with or without meals, and having lodging accommodations for less than ten guests.
(h) “Buffer area” means a strip of land in a nonresidential district at the point where the nonresidential district touches a residential district.
(i) Building:
(1) “Detached building” means a building which has no party wall.
(2) “Semidetached building” means a building which has only one party wall in common with another building.
(3) “Attached building” means a building which has two party walls in common with adjacent buildings.
(j) “Building area” means that area of any lot excluding the required yard areas.
(k) “Building height” means a building’s vertical measurements from the mean level of the ground abutting the building to a point midway between the highest and lowest points of the roof, excluding chimneys, spires, towers, elevator penthouses, tanks, flagpoles, aerials, stacks, beacons and similar projections of the building, but in no case shall any projection above the measured height of the building exceed eighty-five feet.
(l) “Building line” means a line parallel to the right-of-way line at a distance therefrom equal to the depth of the front yard required for the district in which the lot is located.
(m) “Curb line” means a line, sometimes containing a raised concrete structure, located on either edge of the roadway but within the right-of-way line.
(n) “Dwelling unit” means one or more rooms in a residential building or residential portion of a building, which are arranged, designed, used or intended for use by one or more persons living together as a unit and maintaining a common household, and which include lawful cooking space and lawful sanitary facilities reserved for the occupants thereof.
(Ord. 81(66-67). Passed 12-15-66.)
(Ord. 81(66-67). Passed 12-15-66.)
(1) “Single family dwelling” means a building, including modular homes as defined in subsection (u)(2) hereof, on a lot designed and occupied exclusively as a dwelling unit for one family.
(Ord. 156 (98-99). Passed 1-7-99.)
(2) “Two family dwelling” means a building on a lot designed and occupied exclusively as a dwelling unit for two families living independently.
(3) “Twin dwelling” means a semi-detached building on a lot designed for and occupied exclusively as a dwelling unit for only one family and having a party wall in common with an adjacent single-family dwelling unit.
(4) “Multiple family dwelling” means a building on a lot designed and used exclusively as a dwelling unit for three or more families living independently.
(Ord. 81(66-67). Passed 12-15-66.)
(5) “Single-family” means one or more persons occupying a dwelling unit as a functional unit. A functional unit is either a family, one or more persons related to each other by blood, adoption, or marriage; or two or more persons whose relationship is functionally equivalent to a family but who are not related by blood, adoption, or marriage. Persons occupying a boarding house, hotel, lodging house, group rental dwelling, or fraternity or sorority house, do not constitute a functional unit. In determining whether a group of unrelated persons is a functional unit under the definition set forth above, the City Engineer shall apply the factors set forth below:
A. The following factors shall be prima facie evidence that the group of persons living together constitutes a functional unit:
1. The same group of persons, or a majority of them, has resided together at a different location for a period of at least six months or at the present location for at least twelve months; and
2. One or two members of the group have executed the lease for the entire premises, including the entire rental obligation, and there are no sublease, hold harmless or other written arrangements to pro-rate the rent or recover the rent from other members of the group.
B. The following shall be prima facie evidence that the group of persons does not constitute a functional unit:
1. Individual members of the group have entered into separate leases for the same premises, or parts thereof, with the obligation under each lease constituting only a portion of the total periodic rent payment due to the landlord for occupancy of the premises; and
2. The premises are furnished with key-operated locks on individual rooms or with other means through which one member of the group may prevent other members of the group from entering her or his room or portion of the premises when she or he is not physically present (deadbolts, chains or other locking devices operated only from inside the room shall not be considered as evidence of the status of the group).
C. The following additional factors shall be considered, to the extent known or applicable, in determining whether the group of persons constitutes a functional unit:
1. Voter registration by a majority of the eligible members of the group listing the address of the group’s dwelling shall be considered evidence in support of the proposition that the group is a functional unit. Voter registration listing other addresses by a majority of the adult members of the group, or by a majority of those actually registered to vote shall be considered evidence negating the proposition that the group is a functional unit.
2. Drivers’ licenses held by a majority of the adult members of the group listing the address of the group’s dwelling shall be considered evidence in support of the proposition that the group is a functional unit. Drivers’ licenses listing other addresses by a majority of the adult members of the group, or by a majority of those actually holding such licenses shall be considered evidence negating the proposition that the group is a functional unit.
3. The registration of motor vehicles regularly found at the dwelling listing the address of the group’s dwelling shall be considered evidence in support of the proposition that the group is a functional unit. The regular presence at the dwelling of one or more motor vehicles belonging to members of the group and registered at one or more other addresses shall be considered evidence negating the proposition that the group is a functional unit.
4. The filing of tax returns by a majority of the members of the group listing the address of the group’s dwelling shall be considered evidence in support of the proposition that the group is a functional unit. The filing of tax returns listing other addresses by members of the group shall be considered evidence negating the proposition that the group is a functional unit. Evidence that one or more individuals are claimed as dependents on the income tax return of individuals not resident in the functional unit shall be considered evidence that the group is not a functional unit.
5. The presence of minor dependent children regularly residing in the dwelling unit and enrolled in local schools with one or more members of the group acting in the role of parents (and primary care-givers) shall be considered a factor tending to support the proposition that the group is a functional unit.
6. Evidence that different residents of the dwelling unit are away during the summer and that they have several as opposed to a single summer address shall be considered evidence negating the proposition that the group is a functional unit.
7. Evidence of common acquisition and ownership of furniture and appliances shall be considered evidence in support of the proposition that the group is a functional unit.
8. Full-time employment of some members of the group in the general community shall be considered evidence in support of the proposition that the group is a functional unit.
9. Evidence that groceries are purchased and meals regularly prepared for the group as a whole shall be considered evidence in support of the proposition that the group is a functional unit. For purposes of this factor, weekly joint purchases of groceries and the preparation and sharing of at least seven meals per week shall be considered “regularly prepared.”
(Ord. 176(06-07). Passed 5-17-07.)
(o) Garage:
(1) “Private garage” means a building accessory to a single-family, two-family, twin or multiple family dwelling for the storage of motor vehicles owned and used by the owner or tenant of the lot on which it is erected.
(2) “Public garage” means a building used for the storage of more than four motor vehicles. Repairing and servicing of vehicles may be carried on in conjunction with the primary function of vehicular storage.
(Ord. 81 (66-67). Passed 12-15-66.)
(3) “Mini-storage garages” means a single-story structure having multiple enclosed storage areas, not exceeding 500 square feet each, for the storage of nonhazardous materials.
(Ord. 225 (88-89). Passed 7-6-89.)
(Ord. 225 (88-89). Passed 7-6-89.)
(p) “Golf course” means an organized area developed in general conformance to professional golf association standards.
(q) Home occupation:
(1) “Home occupation” means an accessory use which:
A. Is clearly incidental to or secondary to the residential use of a dwelling unit or rooming unit; and
B. Is carried on within a dwelling unit, rooming unit or accessory building unit, except that, only one person not residing in such dwelling unit or rooming unit may be employed; and
(Ord. 81(66-67). Passed 12-15-66.)
C. Occupies not more than twenty-five percent of the total floor area of such dwelling unit or rooming unit and in no event more than 500 square feet of floor area, except that in an instance where the home occupation-is a bed and breakfast accommodation, the Planning Commission shall be and is hereby given the full and complete authority to determine whether or not a bed and breakfast accommodation may exceed the square foot limitation and, if it so determines, the Planning Commission may at its discretion issue a special permit approving such excessive square footage.
(Ord. 280(00-01). Passed 12-6-01.)
(Ord. 280(00-01). Passed 12-6-01.)
(2) In connection with the operation of a home occupation it shall not be permitted:
A. To have exterior displays, or a display of goods visible from the outside.
B. To store materials or products outside of a principal or accessory building.
C. To display, in an “R-1" or “R-2" District, a name plate or other sign except as permitted in connection with the practice of a profession.
D. To make external structural alterations which are not customary in residential buildings.
E. To produce offensive noise, vibration, smoke, dust or other particulate matter, odorous matter, heat, humidity, glare, electrical interference or other objectionable effects.
(3) Home occupations include:
A. Fine arts studios.
B. Professional offices, unless otherwise excluded in this subsection.
C. Teaching of not more than four pupils simultaneously or, in the case of musical instruction, of not more than a single pupil at a time.
D. Advertising or public relations agencies.
E. Real estate or insurance offices.
F. Other similar uses which are in harmony with the zoning district, and which do not produce or cause excessive pedestrian traffic, vehicular traffic congestion or parking problems.
(4) Home occupations shall not include:
A. Barber shops.
B. Beauty parlors.
C. Commercial stables or kennels.
D. Depilatory, electrolysis or similar offices.
E. Interior decorators’ offices or workshops.
F. Stockbrokers’ offices.
G. Funeral parlors.
(r) Apartment hotel.
(1) “Apartment hotel: means a building or part of a building in which:
A. The dwelling units or rooming units are used primarily for permanent occupancy; and
B. One or more common entrances serve all such units; and
C. One or more of the following services are provided: maid, telephone, desk, bellboy service, or the furnishing or laundering of linens.
(2) Restaurants, cocktail lounges or indoor swimming pools are permitted accessory uses, provided that in “R-3" and “R-4" Residential Districts such facilities shall be accessible only through the lobby and there shall be no signs except as permitted by the applicable district regulations. Public banquet halls, ballrooms or meeting rooms are not permitted accessory uses.
(s) Transient hotel or motel:
(1) “Transient hotel or motel” means a building or part of a building in which:
A. Living or sleeping accommodations are used primarily for transient occupancy, and may be rented on a daily basis; and
B. One or more common entrances serve all such living or sleeping units; and
C. One or more of the following services are provided: maid, telephone, desk, bellboy service, or the furnishing or laundering of linens.
(2) Permitted accessory uses include restaurants, cocktail lounges, public banquet halls, ballrooms or meeting rooms.
(t) “Lot area” means the area of a parcel of land on which a main building and any accessory buildings are or may be placed together with the required open spaces and required off-street parking spaces.
(Ord. 81 (66-67). Passed 12-15-66.)
(u) Manufactured home or modular home:
(1) “Manufactured home” (mobile home or house trailer) means any nonselfpropelled vehicle transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or forty body feet or more in length or, when erected on site, is three hundred twenty or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without permanent foundation when connected to the required utilities, and includes plumbing, heating, air conditioning and electrical systems contained therein. Calculations used to determine the number of square feet in a structure are based on the structure’s exterior dimensions measured at the largest horizontal projections where erected on site. These dimensions include all expandable rooms, cabinets and other projections containing interior space, but do not include bay windows. Manufactured homes are those factory units constructed under Part 3780 CFR Manufactured Home Construction and Safety Standards, Federal Department of Housing and Urban Development.
(2) “Modular home” (not mobile home or house trailer) means any manufactured home constructed to meet accepted standard building codes e.g. CABO one and two family dwelling code, and to be installed as a permanent residence with a minimum dimension of 24 feet.
(Ord. 156 (98-99). Passed 1-7-99.)
(v) “Nonconforming building, use or lot” means a lawful building, use or lot which, by reason of design, size or use, does not conform with the requirement of the district or districts in which it is located as designated by this Zoning Ordinance.
(w) “Nursing home” means any institution required to be licensed under the provisions of Ohio R.C. Chapter 3721.
(x) “Parking space” means an area which has no less than 160 square feet and whose width is not less than eight feet.
(y) “Party wall” means a wall used for joint service between two buildings or dwellings.
(z) “Single and separate ownership” means the ownership of a lot by one or more persons, partnerships or corporations, which ownership is separate and distinct from that of any abutting or adjoining use.
(Ord. 81(66-67). Passed 12-15-66.)
(aa) "Trailer court" or "mobile home park" means any premises used as a parking space for more than two house trailers or mobile homes.
(bb) "Bed and Breakfast accommodation" means a dwelling occupied in part by the owner thereof and equipped for the overnight accommodation and sustenance of not more than five transient guests.
(cc) "Yards" means that area around the inner periphery of any lot on which no structures shall be erected without a variance and or a special permit as granted by the Planning Commission.
(1) "Front Yard" means that open area extending the full width of the lot at a depth from the front lot or right of way line as required by the zoning regulations for the district in which it is located.
(2) "Side Yard" means that open area extending from the side lot line, bounded in its length by the front and rear yard depth limits, the distance as required by the zoning regulations for the district in which it is located.
(3) "Rear Yard" means that area of open space extending the full width of the lot at a depth from the rear lot or right of way line as required by the zoning regulations for the district in which it is located.
(Ord. 280(00-01). Passed 12-6-01.)
(dd) Zoning lot:
(1) “Zoning lot” means either:
A. A lot of record existing on the effective date of this Zoning Ordinance or any applicable subsequent amendment thereto, or
B. A tract of land, either unsubdivided or consisting of two or more contiguous lots of record, located within a single block, which, on the effective date of this Zoning Ordinance or any applicable subsequent amendment thereto, was in single and separate ownership, or
C. A tract of land, located within a single block, and designated by its owner or developer as a tract, all of which is to be used, developed or built upon as a unit under single and separate ownership.
(ee) “Zoning Ordinance” means Ordinance 81 (66-67), passed December 15, 1966, as amended, which comprises Title One - Zoning, of this Part Eleven - Planning and Zoning Code.
(Ord. 81 (66-67). Passed 12-15-66.)
(ff) “Billboard, ground mount sign or ground graphic” means any free standing detached sign or graphic with its structural support embedded in the ground.
(gg) “Off-premises sign” means any billboard, ground mount sign, ground graphic, building mounted sign, or any other advertising which directs attention to businesses, services, products or other activities offered or conducted other than upon the lot or premises upon which the sign or graphic is located.
(Ord 205(90-91). Passed 5-2-91.)
(hh) For the purpose of this Development Code, the following terms shall have the meaning herein indicated:
(1) Medical/dental/health services clinic. An establishment where human patients are examined and treated by a group of dentists, physicians or similar medical professionals. Clinics provide outpatient service only, including outpatient surgery. This term does not include a hospital. This term also does not include cultivating, processing, or dispensing medical marijuana.
(2) Office, medical/dental. Facilities which provide diagnoses, minor surgical care and outpatient care on a routine basis, but which do not provide overnight care or serve as a base for an ambulance service. Medical/dental facilities are operated by doctors, dentists, or similar practitioners licensed by the State of Ohio. Emergency treatment is not the dominant type of care provided at this facility. Medical/dental office includes establishments providing support to medical professionals and patients, such as medical and dental laboratories, blood banks, oxygen, and miscellaneous types of medical supplies and services. This term does not include cultivating, processing, or dispensing medical marijuana.
(3) Retail establishment. An establishment engaged in the selling of goods or merchandise to the general public for personal or household consumption, and rendering services incidental to the sale of such products. Such an establishment is open to the general public during regular business hours and has display areas that are designed and laid out to attract the general public. In determining a use to be a retail use, the proportion of display area vs. storage area and the proportion of the building façade devoted to display windows may be considered. This term does not include any sexually oriented businesses. This term does not include cultivating, processing, or dispensing medical marijuana.
(4) Marijuana. Marijuana means marihuana as defined in Section 3719.01 of the Ohio Revised Code.
(5) Medical Marijuana. Medical marijuana means marijuana that is cultivated, processed, dispensed, tested, possessed, or used for a medical purpose. (Ord. 321(16-17). Passed 10-26-17.)
1101.02 COMPLIANCE.
(a) New Uses. In all districts, after the effective date of this Zoning Ordinance, any new building or other structure or any tract of land shall be used, constructed or developed only in accordance with this Zoning Ordinance.
(b) Existing Uses. In all districts, after the effective date of this Zoning Ordinance, and except as otherwise provided in Chapter 1105:
(1) The existing use of any existing building or other structure may be continued, changed or extended; and
(2) The existing use of any tract of land may be continued, changed or enlarged; and
(3) Any existing building or other structure may be enlarged, altered, converted, reconstructed or relocated, only in accordance with this Zoning Ordinance.
(Ord. 81(66-67). Passed 12-15-66.)
1101.03 ESTABLISHMENT OF DISTRICTS.
In order to carry out the purpose and provisions of this Zoning Ordinance, the following districts are hereby established:
(a) Residential Districts.
“R-1" Single-Family Detached Residential District
“R-2" Single-Family Detached Residential District
“R-3" General Residential District
“R-4" General Residential District
(b) Commercial Districts
"C-1" Local Restricted Business District
"C-2" Local Restricted Service District
"C-3" General Retail and Service District
"C-4" Downtown Commercial District
"C-5" General Entertainment and Amusement District
"C-6" Heavy Service District.
(c) Manufacturing Districts.
“M-1" Light Nonhazardous Manufacturing District
(High and Medium Performance)
“M-2" General Hazardous Manufacturing District
(Low Performance)
“M-3" Industrial Parking Manufacturing District
(Ord. 81(66-67). Passed 12-15-66; Ord. 114(78-79). Passed 2-15-79; Ord. 106(88-89). Passed 9-15-88; Ord. 280(00-01). Passed 12-6-01.)
1101.04 INCORPORATION OF MAPS.
The locations and boundaries of the districts established by this Zoning Ordinance are shown upon the zoning maps which are hereby incorporated into the provisions of this Zoning Ordinance. The zoning maps in their entirety, including all amendments thereto, are as much a part of this Zoning Ordinance as if fully set forth herein.
(Ord. 280(00-01). Passed 12-6-01.)
1101.05 BOUNDARY TOLERANCES.
Where a district boundary line divides a lot held in single and separate ownership at the effective date of this Zoning Ordinance, the regulations applicable to the less restricted district shall extend over the portion of the lot in the more restricted district a distance not more than fifty feet beyond the district boundary line, provided that ful use is made of the less restricted area before the extension into the more restricted area.
(Ord. 81(66-67). Passed 12-15-66.)
1101.06 CONFLICT.
In interpreting and applying the provisions of this Zoning Ordinance, they are to be the minimum requirements for the promotion of the intended purposes. Where the provisions of this Zoning Ordinance imposed greater restrictions than those of any statute, ordinance or regulation, the provisions of this Zoning Ordinance are controlling. Where the provisions of any statute, ordinance or regulation impose greater restrictions than this Zoning Ordinance, the provisions of such statute, other ordinance or regulation are controlling.
(Ord. 81(66-67). Passed 12-15-66.)
1101.07 SEVERABILITY.
Should any section or provision of this Zoning Ordinance be determined to be unconstitutional or invalid, the same shall not affect the validity of this Zoning Ordinance as a whole or any part thereof.
(Ord. 81(66-67). Passed 12-15-66.)
1103.01 MINIMUM LOT SIZES AND WIDTHS WITH RESPECT TO SEWAGE DISPOSAL.
The following regulations shall apply, notwithstanding the district area and width regulations of this Zoning Ordinance.
(a) In all sections of the City which are served neither by sanitary sewers nor with public water supply, lots shall have a minimum area of 20,000 square feet, and a minimum width at the building line of 150 feet.
(b) In all sections of the City which are not served with sanitary sewers, but which are served with public water supply, lots shall have a minimum area of 12,000 square feet, and a minimum width at the building line of 100 feet.
However, smaller lot sizes and widths than specified in subsections (a) and (b) hereof, but not less than prescribed in the district regulations, may be permitted when authorized as a special exception upon submission of satisfactory evidence that a smaller lot area or width will provide safe and effective sanitary sewage disposal in the particular location in question.
(Ord. 81 (66-67). Passed 12-15-66.)
1103.02 MODIFICATION OF FRONT YARD REQUIREMENTS.
(a) Where an unimproved lot is situated between two improved lots, each having a principal building within twenty-five feet of the side boundary line of such unimproved lot, which principal buildings extend into the required front yard of each such improved lot and have been so maintained since the effective date of this Zoning Ordinance, the front yard depth of such unimproved lot may be the average depth of the front yard of the two adjacent improved lots, notwithstanding the yard requirements of the district in which it is located.
(b) Where an unimproved lot adjoins only one improved lot having a principal building thereon within twenty-five feet of the common side lot line, which principal building extends into the required front yard of such improved lot and has been so maintained since the effective date of this Zoning Ordinance, the front yard depth of such unimproved lot may be the average depth of the front yard of such adjacent improved lot and the front yard required for the district in which such unimproved lot is located, notwithstanding the yard requirements for such district.
(c) For purposes of this section “unimproved lot” means a lot which does not have a principal building situated thereon.
(Ord. 81(66-67). Passed 12-15-66.)
1103.03 PROJECTIONS INTO REQUIRED YARDS.
No building and no part of a building shall be erected within or shall project into any required yard in any district, except that:
(a) An unenclosed porch, not more than fourteen feet in height, may be erected to extend into a required front or rear yard a distance of not more than ten feet, provided, in no case shall it extend into such front or rear yards more than one-half of the required depth of the yard.
(b) A terrace, patio or similar place, not covered by a roof, canopy or trellis, which does not extend above the level of the first floor of the building, may be erected so that it shall not extend into a required yard more than forty percent of the required depth or width of the yard.
(c) A carport may be erected over a driveway in a required side yard, provided such structure is:
(1) Not more than fourteen feet in height and twenty feet in length;
(2) Entirely open on at least three sides, exclusive of the necessary supporting columns and customary architectural features; and
(3) At least three feet from the side lot line.
(d) A buttress, chimney, cornice, pier or pilaster of a building may project not more than eight inches into a required yard.
(Ord. 81(66-67). Passed 12-15-66.)
(e) Fire escapes, steps and balconies may project not more than three feet into a required yard.
(f) Gutters and overhanging eaves may extend into a required yard not more than eighteen inches.
(g) An existing nonconforming porch or deck may be replaced in kind without regard to front, side or rear yard setbacks and without a variance, provided the replacement in kind does not perpetuate an encroachment upon any street right of way.
(Ord. 280(00-01). Passed 12-6-01.)
1103.04 CORNER VISION OBSTRUCTION.
On any corner lot no wall, fence or other structure shall be erected or altered and no hedge, tree, shrub or other growth shall be maintained which may cause danger to traffic on a street by obscuring the view.
(Ord. 81(66-67). Passed 12-15-66.)
1103.05 HEIGHT, LIMITATION OF FENCES AND WALLS.
No fence or wall except a retaining wall, or a wall of a building permitted under this Zoning Ordinance, over six feet in height shall be erected within any of the open spaces required by this Zoning Ordinance unless that portion of the fence or wall which exceeds six feet in height has a ratio of open area to solid area of at least four to one.
(Ord. 81(66-67). Passed 12-15-66.)
1103.06 CONVERSION OF DWELLINGS.
A single-family detached dwelling existing on the effective date of this Zoning Ordinance may be converted into and used as a two-family or multi-family dwelling, when authorized as a special exception, provided:
(a) The plan for the conversion of such dwelling shall be submitted to the Planning Commission.
(Ord. 81(66-67). Passed 12-15-66.)
(Ord. 280(00-01). Passed 12-6-01.)
(c) Such dwelling shall be subject to the height, area, width and yard regulations effective in the district wherein such dwelling is situated, except there shall be a lot area not less than the product of the minimum lot area prescribed in the district regulations and the number of families for the use of which such dwelling is to be converted.
(Ord. 81(66-67). Passed 12-15-66.)
1103.07 OFF-STREET PARKING.
(a) Number of Parking Spaces. Any building or other structure erected, altered or used and any lot used or occupied for any of the following purposes shall be provided with minimum improved off-street parking spaces as set forth herein, together with adequate driveways or other improved means of access to and from a street or right of way:
(1) Single-family and two-family dwellings; rooming houses, apartment houses, apartment hotels, and any other manner of dwelling or rooming unit: Two (2) all weather parking spaces per unit.
(2) Community facilities. For any of the following uses, the required parking spaces shall be all weather.
A. Church, gymnasium, auditorium, assembly room, stadium or other similar place of public or private assembly: One (1) parking space for every three (3) seats provided for assembly.
B. Public and private elementary schools and junior high schools: One (1) parking space for each full time employee plus one (1) space for every three (3) seats for assembly.
C. Public and private senior high schools: One (1) space for each full time employee, plus one (1) space for every three (3) students and also one (1) space for every three (3) seats for assembly.
D. Colleges and similar adult educational facilities: One (1) space for each full time employee and one (1) space for every two (2) students plus one (1) space for every three (3) seats for assembly.
E. Hospital: One (1) space for each bed plus one (1) space for each employee normally present on any single weekday shift. If the facility also provides outpatient services additional parking shall be provided for each staff member on duty at any one time plus not less than 10 spaces for patients.
F. Community center, library, museum or other similar public place: One (1) parking space for every 200 square feet of floor area in public use.
G. Institutional home: One (1) parking space for every two (2) beds plus one (1) space for each full-time employee.
H. Club: One (1) parking space for every 25 square feet of floor area in public use.
I. Parks: One (1) parking space for every 1,000 square feet of improved park area.
J. Golf courses: Seven (7) parking spaces for every hole.
K. Convalescent home, rest home or skilled nursing facility: One (1) parking space for every four (4) beds plus one (1) space for each week-day shift employee plus one (1) space for every 200 square feet of building space.
(Ord. 280(00-01). Passed 12-6-01.)
L. Child day-care centers: Two (2) parking spaces plus one (1) space for each employee.
(Ord. 90(06-07). Passed 11-2-06.)
(Ord. 90(06-07). Passed 11-2-06.)
(3) Commercial facilities. For any of the following uses, the required parking spaces shall be all-weather:
A. Retail store or shop; department store or supermarket: one parking space for every 100 square feet of store sales floor space.
B. Restaurant, café or tea room: one parking space for every three seats and one space for every two employees.
C. Indoor theater: one parking space for every four seats.
D. Office building or wholesale establishment: one parking space for every 200 square feet of floor area.
E. Laboratory or any industrial establishment, not located in an “M-3" Industrial Park Manufacturing District: one parking space for every two employees.
F. Any establishment located in an “M-3" Industrial Park Manufacturing District: one parking space for each employee, plus visitor and customer parking space as determined by the Planning Commission. Parking space requirements for plants on shift operations shall be determined by the Commission. Off-street parking shall also be provided for all company trucks and for trailers awaiting pick up or arriving after plant closing time.
(Ord. 115(88-89). Passed 10-6-88.)
G. Motels, hotels, lodges, bed & breakfast: One (1) parking space per guestroom, one and one-half (1½) spaces per suite. These spaces shall be in addition to those required in previous sections for restaurants or assembly usage, and single-family dwellings.
(Ord. 280(00-01). Passed 12-6-01.)
H. Other commercial buildings: one parking space for every 100 square feet of floor area or fraction thereof, except when otherwise authorized as a special exception consistent with the requirements set forth herein for comparable establishments.
I. Open areas used for commercial purposes: one parking space for every 1,000 square feet of area, or fraction thereof.
J. Service establishments: one parking space for every 100 square feet of customer service floor area.
K. Shopping centers: the minimum number of parking spaces shall meet the requirements of Parking Requirements for Shopping Centers by the Urban Land Institute.
(Ord. 115(88-89). Passed 10-6-88.)
(4) Facilities in the C-4 Downtown Commercial District.
A. New facilities constructed within the C-4 Downtown Commercial District shall be provided with all-weather off-street parking spaces in conformity with the applicable provisions of Sections (1), (2) and (3) above on the same zoning lot as the facility with which they are affiliated or within 800 feet thereof when authorized as a special exception by the Planning Commission.
B. Existing facilities within the C-4 Downtown Commercial District shall be provided with one all-weather off-street parking space for each employee for each commercial enterprise and two all-weather off-street parking spaces for each residential unit.
(Ord. 171(04-05). Passed 5-19-05.)
(5) Other uses not specifically mentioned. Wherever off-street parking is required for any use under this Zoning Ordinance, and this Zoning Ordinance is silent as to the specific requirements thereof, the Planning Commission shall determine the number of such spaces as it deems reasonable and necessary.
(b) Location of Parking Spaces. The location of parking spaces required in this section shall be subject to the following requirements:
(1) Community facilities. Parking spaces for community facilities in residentially zoned districts and for prior nonconforming commercial facilities in residentially zoned districts may be located on zoning lots or within 200 feet of the zoning lot for the use with which they are affiliated when authorized as a special exception by the Planning Commission; provided, however, that no such special exception shall be issued unless the following requirements shall be met:
A. The parking spaces shall be all-weather;
B. The parking spaces shall be subject to the following yard setbacks:
Front - no closer to the front lot line than the front of the adjacent homes; Rear-none; Sides - five feet;
C. The parking spaces shall be lotscaped to minimize their impact on the surrounding neighborhood as the Planning Commission shall determine;
D. Adequate access to the parking spaces shall have been obtained pursuant to Chapter 907 hereof; and
E. A public hearing has been held on the issue of the issuance of the special exception with thirty-day notice from the Planning Commission to adjacent property owners.
(2) Multi-family or commercial facilities. Parking spaces for multi-family residential facilities or commercial facilities in residentially zoned or commercially zoned districts, respectively, shall be located on the same zoning lot as the use with which they are affiliated; or within 200 feet of the zoning lot when authorized as a special exception by the Planning Commission.
(3) Reduction of facilities. Off-street parking facilities existing at the effective date of this Zoning Ordinance shall not subsequently be reduced to an amount less than required hereunder for a similar new building or new use. Off-street parking facilities provided to comply with the provisions of this Zoning Ordinance shall not subsequently be reduced below the requirements of this Zoning Ordinance.
(4) Mobile home and house trailer parks. Each mobile home park shall provide the parking space required by Section 1115.04(f).
(Ord. 115(88-89). Passed 10-6-88.)
(5) Parking lots shall comply with the requirements of Chapter 1107
of the Planning and Zoning Code.
(Ord. 257(08-09). Passed 11-5-09.)
(Ord. 257(08-09). Passed 11-5-09.)
1103.08 DWELLINGS IN INDUSTRIAL DISTRICTS. (REPEALED)
(EDITOR’S NOTE: Former Section 1103.08 was repealed by Ordinance 280(00-01), passed December 6, 2001.)
1103.09 SWIMMING POOLS.
(a) As used in this section, "swimming pool" means any pool with a depth greater than three (3) feet at any point and with a width or diameter greater than 12 feet at any point.
(b) If accessory to a nonresidential use, or if a primary commercial use, the edge of any swimming pool shall be located not less than fifty feet from all lot lines.
(c) If accessory to a residential use, the edge of any swimming pool shall be located not less than twenty feet from any side lot line and not less than ten feet from any rear lot line. Swimming pools shall not be located in any front yard. As used in this section, "front yard" means the yard located at the front of the house, as established by projecting a line parallel with the front of the house to the side lot lines.
(d) All swimming pools shall have a continuous fence not less than four feet in height around the periphery of the pool itself. The only ingress and egress thereto shall be by a lockable gate and/or door.
(e) All swimming pools located within the setback areas set forth in subsections (b) and (c) hereof, shall be screened along any side or rear line having less than the required setback by a continuous solid fence six feet high or a continuous open fence four feet high supplemented by a strip of densely planted trees and shrubs at least four feet high at the time of
planting.
(f) Illumination of swimming pools in residentially zoned districts shall be limited to underwater lighting.
(g) Construction of a swimming pool or an in-ground pool of any size shall require the prior issuance of a City building permit.
(Ord. 280(00-01). Passed 12-6-01.)
1103.10 SIGNS.
(a) Residential Areas. In any residentially zoned district the placement of signs shall be subject to the following requirements:
(1) Accessory uses. One sign per zoning lot may be erected in connection with any permitted accessory use, provided that such sign shall not exceed two square feet in area and shall be located inside the sidewalk line. The use of such signs shall not include the conduct of any retail or wholesale business, manufacture or repair.
(2) Availability of premises. One temporary sign per zoning lot may be erected in connection with the leasing, hiring or selling of any building erected or of the premises generally, provided that such sign shall not exceed twelve square feet in area.
(Ord. 280(00-01). Passed 12-6-01.)
(Ord. 280(00-01). Passed 12-6-01.)
(3) Institutional uses. Multiple signs per zoning lot may be erected in connection with any permitted institutional use. Institutional uses shall include hospitals, colleges and schools, nursing homes, churches, libraries, museums, fairgrounds, government buildings, non-profit recreation facilities, and any other institution as approved by the Planning Commission. Such signs shall provide identification information only, such as primary identification, logo, address, founding date, directions, and/or building identification, but may not include advertising. Lighting for such signs shall be by externally lit reflective light sources; provided however, that hospitals may erect internally lit signs.
(Ord. 92(04-05). Passed 11- 18-04.)
(Ord. 92(04-05). Passed 11- 18-04.)
(b) Commercial and Manufacturing Districts. In any commercial or manufacturing zoning district, signs shall be erected in compliance only with the applicable rear yard and side yard setback requirements, but shall be exempt from the front yard setback requirements thereof; provided, however, that signs to be erected on corner lots need not comply with the applicable side yard setbacks for side yards abutting the street.
(c) Sandwich Signs. In commercially zoned districts, or at the site of commercial enterprises which are in existence as of the effective date of this Ordinance and in residentially zoned districts, one portable sign per zoning lot may be erected on the sidewalk for commercial purposes, subject to the following restrictions:
(1) The sign shall not be larger than 32 inches wide nor 38 inches high;
(2) The sign shall not be displayed before 7:00 a.m. nor after 9:00 p.m.;
(3) The sign shall not be illuminated;
(4) The sign shall not obstruct the sight lines for vehicular traffic;
(5) The sign shall not obstruct pedestrian traffic; and,
(6) The sign shall not be located adjacent to any existing structure.
(d) Billboards, Ground Mount, Ground Graphics and Off-Premises Signs. Billboards, ground mount signs, ground graphics, and off-premises signs may be erected only in commercial and manufacturing zoned districts under the limitations imposed by Section 1103.10(c) hereof and only when authorized as a Special Permit use by the Planning Commission, when the Commission is satisfied the contemplated use is not in conflict with the general purposes and character of the zoning district.
(Ord. 280(00-01). Passed 12-6-01.)
1103.11 ACCESSORY STRUCTURES.
In any residentially zoned district or for a residentially developed property in a commercially zoned district, it shall be permissible to erect one accessory structure with a maximum area of 200 square feet; provided that such accessory structure is erected separate and apart from the principal residence on the lot; provided that no detached garage or other accessory structure is already present on the lot; and, provided that a minimum side yard setback of five (5) feet and a minimum rear yard setback of five (5) feet shall be maintained.
(Ord. 280(00-01). Passed 12-6-01.)
1103.12 SATELLITE DISH ANTENNAS.
In any residentially zoned district upon the issuance of a valid building permit it shall be permissible to install one satellite dish antenna with a maximum lot coverage of 100 square feet, provided that a minimum side yard setback of five feet and a minimum rear yard setback of five feet shall be maintained, and that no satellite dish antenna shall be installed in a front yard. Satellite dish antennas with a diameter of thirty-six inches or less shall be exempt from the building permit requirements otherwise set forth herein.
(Ord. 280(00-01). Passed 12-6-01.)
1103.13 ADULT ENTERTAINMENT ESTABLISHMENTS.
(a) Definitions. For the purpose of this section, the words and phrases defined hereunder shall have the meaning therein respectively ascribed to them unless a different meaning is clearly indicated by the context.
(1) “Nude dancing” or “dance nude” means any exhibition, performance or dance of any type conducted in a premises where such exhibition, performance or dance involves a person who:
A. Is unclothed or in such attire, costume or clothing as to expose to view any portion of the breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals; or
B. Touches, caresses or fondles the breast, buttocks, anus, genitals or pubic region of a patron, or permits the touching, caressing or fondling of their own breast, buttocks, anus, genitals or pubic region by a patron, with the intent to sexually arouse or excite the patron.
(2) “Nude dancing premises or adult entertainment premises” means any premises to which the public, patrons, or members are invited or admitted and wherein an entertainer provides nude dancing or provides adult entertainment to a member of the public, a patron, or a member; or any premises which is primarily used for the sale, rent, exhibition or distribution of materials, including magazines, catalogs, pictures or other printed material, video tape, movies, CD ROMS or other electronic or computer media, or other physical representations which are intended to appeal to the prurient interest and or any sexually oriented business such business being distinguished or characterized by an emphasis on acts or materials depicting, portraying, describing or relating to sexual conduct or human genitals, pubic region, buttocks, anus, or any portion of the breasts below the top of the areola.
(3) “Employee” means any and all persons, including managers, entertainers and independent contractors, who work in or at or render any services directly related to the operation of an adult entertainment premises.
(4) “Entertainer” means any person who on any occasion provides adult entertainment within an adult entertainment premises as defined in this section, whether or not a fee is charged or accepted for entertainment, or whether or not the entertainer is paid.
(5) “Entertainment” means any exhibition or dance of any type, pantomime, modeling or any other performance or the showing or broadcast of movies, videotapes, CD ROMs or other electronic or computer media, either privately or in groups, on premises as defined in paragraph (2) above.
(6) “Manager” means any person who manages, directs, administers or is in charge of, the affairs and/or conduct of any portion of any activity involving adult entertainment occurring at any adult entertainment premises.
(7) “Operator” means any person operating, conducting or maintaining an adult entertainment business or premises.
(8) “Person” means any individual, partnership, corporation, trust, incorporated or unincorporated association, joint venture, or other entity or group of persons however organized.
(9) “Public place” means any area generally visible to public view and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots and automobiles whether moving or not.
(10) “Premises” means any place operated as a business whether licensed or unlicensed, customarily open to the public. For purposes of this article, the receipt of donations, admission fees, membership fees or dues, “cover” charges or any other activity engaged in with the object of gain or economic benefit (direct or indirect) shall constitute business activities.
(b) Hours of Operation. It is unlawful for any person to cause any nude dancing premises or adult entertainment premises to remain open to the public, or to conduct or operate business, whether for adult entertainment or otherwise, between the hours of 2:00 a.m. and 7:00 p.m.
(c) Location.
(1) No adult entertainment premises shall be located within 400 feet of any other such use, or located within 500 feet of the boundaries of any residential zone, or 500 feet from any existing residential areas defined for the purpose of this section as a block frontage developed within fifty percent (50%) or more residential uses; or located within 1,000 feet of any permanent structure used as a church, or place of religious worship, or located within 2,000 feet of any public or parochial school, or anywhere within the “C-4" Downtown Commercial District.
(Ord. 82(12-13). Passed 5-17-12.)
(2) Any existing operational adult businesses which do not presently meet any or all of the locational requirements shall be deemed a nonconforming use.
(3) Such restriction, as to distance requirements as between adult entertainment premises, shall apply to compartmentalized buildings or structures, the same as if such compartmentalized buildings or structures where one building or structure. Such restriction as to distance requirements shall be enforced in any and all directions, including but not limited to, north, south, east, west and where vertical or horizontal distance measurements are required, such restriction shall likewise apply.
(4) The measurement of distance as provided for herein shall be measured in a straight line from and to the nearest points of the respective properties as referred to herein.
(5) No portion of any wall of any building which separates an adult entertainment premises from any other business activity shall be remodeled or altered in any manner to permit access to or viewing of adult entertainment in an adjoining or adjacent building.
(Ord. 198 (98-99). Passed 4-7-99.)
1103.14 OUTDOOR WOOD-FIRED FURNACES PROHIBITED.
No person shall install, use or maintain an outdoor wood-fired furnace in the City of Marietta, Ohio. For purposes of this section an “outdoor wood-fired furnace” means a wood- fired furnace, stove, or boiler that is not located within a building intended for habitation by humans.
(Ord. 78(06-07). Passed 9-6-06.)
1103.15 DRILLING OF WATER WELLS IN “C-4" DOWNTOWN COMMERCIAL ZONING DISTRICT PROHIBITED.
(a) Definitions.
(1) Water well. A water well is defined as a well drilled, augured, bored, or sunk for the purpose of drawing or extracting from the ground water table, water for human consumption, or use in any manner.
(2) Heat Pump/air Conditioning Flow Well and Injection Well. A Heat Pump/Air Conditioning Flow Well and Injection Well is defined as a well, or wells drilled, augured, bored, or sunk for the purpose of drawing or extracting from the ground water table, water that is to be passed through a heat exchanger to heat or cool a building or buildings and then injected through the same well or another well back to the ground water table. This type of well is not defined as a water well and is not prohibited in the “C-4" Downtown Commercial Zoning District in the City of Marietta, Ohio.
(b) No person shall drill, auger, bore, sink, or otherwise install a water well in the “C- 4" Downtown Commercial Zoning District in the City of Marietta, Ohio.
(Ord. 35(12-13). Passed 3-7-12.)
1103.16 INTERIOR ENCLOSED CLIMATE CONTROLLED SELF-STORAGE FACILITIES.
(a) Definition. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning.
(1) Interior Enclosed Climate Controlled Self-Storage Facility. Interior Enclosed Climate Controlled Self-Storage Facility means a fully interior, enclosed climate controlled facility containing independent locked rooms or locked bays, which are leased to individuals exclusively for storage of personal property, or goods, where such storage rooms or bays are only accessed from the interior of the building. There shall be no exterior use for storage.
(b) General Regulations.
(1) Purpose. The purpose of this section is to promote the public health, safety and welfare through the regulations of the interior enclosed climate controlled self-storage facility.
(2) Location. No other interior enclosed climate controlled self-storage facility within a “C-3” Zoning District can be located within a radius of one and one-half miles (1-1/2) of another interior enclosed climate controlled self-storage facility within corporation limits. This is not subject to special exception provisions.
(4) Use limitations. No wholesale or retail sales are permitted by the lessee or renter in association with an interior enclosed climate controlled self-storage facility. The interior enclosed climate controlled self-storage facility shall abut or have access to an arterial street. Commercial activities permitted on the site of an interior enclosed climate controlled self-storage facility shall be rental of storage rooms, or storage bays and pickup and delivery of goods or property in said storage room or storage bays. This section shall not be construed as to prohibit the lessor from conducting other commercial, retail, or service activities associated with the lessor’s business within the facility. Storage rooms or storage bays shall not be used as a dwelling place; or to manufacture, fabricate, or process goods; or to service or repair vehicles, boats, small engines or electrical equipment or to conduct similar repair activities; or to conduct garage sales or retail sales of any kind, by the lessee.
(5) Not used as an Address. Storage rooms or storage bays shall not be used as a legal address. Individual storage bays within an interior enclosed self-storage facility shall not be considered premises for the purpose of assigning a legal address in order to obtain an occupational license or any other governmental permit or licenses to do business.
(6) Items Prohibited to be stored. An interior enclosed self-storage facility does not permit the storage of live animals, grain storage, perishable food storage, the storage of plants or other natural items that may decompose, storage of flammable liquids or highly combustible or explosive materials, or hazardous chemicals of any kind. An interior enclosed climate controlled self-storage facility does not permit the storage of boats; cars; trucks; motorcycles; ATVs; UTVs; any other gasoline, diesel or battery-powered vehicles or implements; or electric powered vehicles.
(7) No outdoor storage or storage pods. There shall be no outdoor storage of vehicles or goods on the premises by lessees. There shall be no outdoor storage pods on the premises by the lessors. There shall be no semi-tractor trailer storage on the premises.
(8) Outdoor Lighting. All outdoor lights shall be shielded to ensure that light and glare are limited to the premises and are directed away from adjacent properties. Lights shall be low intensity. If an interior enclosed self-storage facility abuts a residentially zoned property, outdoor lighting shall be limited to a maximum height of fifteen (15) feet.
(9) Use of loud speakers. No exterior loudspeakers or paging equipment shall be permitted on the site.
(10) Zoning Rules. All development standards not listed in this section shall be in accordance with the applicable zoning district standards of the Codified Ordinances of the City of Marietta, Ohio.
(Ord. 290(22-23). Passed 10-5-23.)
1105.01 CONTINUATION.
Any building or other structure, or any use of a building or other structure or land, existing on the effective date of this Zoning Ordinance and which complies with zoning ordinances in effect immediately prior to the adoption of this Zoning Ordinance, which does not conform with the provisions of this Zoning Ordinance, shall be considered a lawful nonconforming building, structure or use, and may be continued, except as otherwise provided herein.
(Ord. 81 (66-67). Passed 12-15-66.)
1105.02 EXTENSION.
Any lawful nonconforming use of a portion of a building may be extended throughout the building, and any lawful nonconforming building or any building of which a lawful nonconforming use is made, may be extended or enlarged upon the lot occupied by such building that is held in single and separate ownership on the effective date of this Zoning Ordinance, provided that the area of such building shall not be increased by more than a total of fifty percent of the area of such building existing on the date it first became a lawful nonconforming building or a building of which a lawful nonconforming use is made, and provided further that any structural alteration, extension or addition shall conform with all height, area, width, yard and coverage requirements for the district in which it is located, and any lawful nonconforming use of a lot that is held in single and separate ownership on the effective date of this Zoning Ordinance may be extended upon a lot physically contiguous thereto and not more than twenty-five percent as large as the original lot upon which such lawful nonconforming use occurs, provided that the extension of such use shall conform with all height, area, width, yard and coverage requirements for the district in which it is located.
(Ord. 242 (88-89). Passed 9-7-89.)
1105.03 CHANGE.
Any lawful nonconforming use of a building or land may be changed to another nonconforming use of the same classification once as a matter of right, provided that before any such change may occur the party desiring the same shall obtain a use and occupancy permit pursuant to Section 1133.04. Subsequent changes of any lawful nonconforming use of a building or land to another nonconforming use of the same classification shall be permitted only upon the granting of a special exception by the Planning Commission in those instances where the Planning Commission shall find that granting the special exception shall not materially adversely affect the health or safety of persons residing or working in the neighborhood of the proposed use and shall not be materially detrimental to the public welfare or injurious to property or improvements in such neighborhood. Whenever a nonconforming use of a building or land has been changed to a conforming use, such conforming use shall not thereafter be changed to a nonconforming use. As used herein the term "classification" shall be
interpreted to include any use permissable within the appropriate zoning district (see Section 1101.03) and the term "change" shall not be interpreted to include any transfer of ownership.
(Ord. 170(80-81). Passed 5-21-81.)
(Ord. 170(80-81). Passed 5-21-81.)
1105.04 RESTORATION.
Any lawful nonconforming building or other structure which has been involuntarily damaged or destroyed by fire, explosion, windstorm or other similar active cause may be reconstructed in the same location, provided:
(a) The reconstructed building or structure shall not exceed the height, area or volume of the damaged or destroyed building or structure, except as provided in Section 1105.02; and
(b) Reconstruction shall begin within one year from the date of damage or destruction and shall be carried on without interruption.
(c) The location of a house trailer or mobile home on a lot which contained such nonconforming building or structure shall not constitute a reconstruction, nor shall a house trailer or mobile home be permitted as a temporary use or as a special exception in connection with a reconstruction unless the original lawful nonconforming use involved a house trailer or mobile home.
(Ord. 81(66-67). Passed 12-15-66.)
1105.05 ABANDONMENT.
If a lawful nonconforming use of a building or other structure is abandoned or discontinued for a continuous period of two years or more, or if a lawful nonconforming use of land is abandoned or discontinued for a continuous period of two years or more, subsequent use of such building, structure or land shall be in conformity with the provisions of this Zoning Ordinance.
(Ord. 99(80-81). Passed 12-18-80.)
(Ord. 99(80-81). Passed 12-18-80.)
1105.06 NONCONFORMING SIGNS.
Signs which, at the effective date of this Zoning Ordinance, are maintained in connection with and upon the same lot as a lawful nonconforming use may be maintained or repaired, or replaced with signs similar in size and character, so long as such lawful nonconforming use continues, but may not be enlarged or otherwise altered (nor may the illumination or lack of illumination thereof be changed), except in accordance with the regulations applicable to the district in which such lot is located.
(Ord. 81 (66-67). Passed 12-15-66.)
1105.07 LOTS NONCONFORMING AS TO AREA AND WIDTH; LOTS OF UNUSUAL DIMENSIONS.
(a) When authorized as a variance, a building may be erected or altered on any lot held in single and separate ownership on the effective date of this Zoning Ordinance which is not of the required minimum area or width or is of such unusual dimensions or topographical characteristics that the owner would have difficulty in providing the required open spaces for the district in which the lot is situated.
(b) Where two or more contiguous undeveloped lots are held in single and separate ownership, within a subdivision which has been duly recorded prior to the effective date of this Zoning Ordinance, which lots are individually not of the required minimum area or width for the district in which they are situated, no variance shall be required for the issuance of building permits, provided such lots shall be developed or grouped in fractions thereof, as single lots, to provide the minimum lot frontage required for each structure.
(Ord. 81 (66-67). Passed 12-15-66.)
1105.08 SUBDIVISIONS PREVIOUSLY APPROVED.
In the case of a plot of land where a plan for the subdivision of same into two or more parcels or lots for the purpose of development and sale has, prior to the effective date of this Zoning Ordinance, been duly approved and recorded as required by law, which plan does not make provisions for full adherence to the regulations of this Zoning Ordinance governing minimum lot areas or widths, front, side or rear yards, or building coverage, but was in conformity with such regulations as were effective at the time such plan was approved and recorded, the development and sale contemplated by the plan may be proceeded with when authorized as a variance. The Planning Commission shall have the power to grant a variance with respect to the whole of such plot of land or any portion thereof.
(Ord. 81 (66-67). Passed 12-15-66.)
1105.09 SUBDIVISION OF NONCONFORMING ZONING LOTS.
If a zoning lot is occupied by a nonconforming building, such zoning lot may be subdivided, provided that such subdivision does not create a new noncompliance or increase the degree of noncompliance of such building.
(Ord. 81 (66-67). Passed 12-15-66.)
1107.01 INTENT AND PURPOSE.
The general intent and purpose of this chapter is as follows:
(a) To minimize the effects of parking lots; including noise, wind, headlight and sunlight glare, heat absorbing pavement, and blowing dust and debris, as it effects neighboring properties and users of the parking lots and street frontages.
(b) To provide shading of cars and pedestrians through planting of appropriate trees, and to assure their long-term maintenance.
(c) To facilitate safe access and circulation within parking lots for both vehicles and pedestrians.
(d) To maintain community appearance and minimize impacts of parking lots on the property values of neighboring lots.
(e) To reduce storm water run-off and to improve water run-off quality.
(Ord. 257(08-09). Passed 11-5-09.)
1107.02 SCOPE.
Except where otherwise provided, the provisions of this chapter shall apply to all lots, sites, and parcels, whether publicly or privately owned, that contain at least five (5) parking spaces, which are hereafter developed or, if presently existing, which are repaved or expanded. The provisions of this chapter shall not apply to driveways or off-street parking areas for single-family or two-family residential uses. The provisions of this chapter are minimum requirements only.
(Ord. 257(08-09). Passed 11-5-09.)
(Ord. 257(08-09). Passed 11-5-09.)
1107.03 DEFINITIONS.
As used in this chapter the following terms shall have the following meanings:
(a) Berms. An earth mound or formation that serves to screen parking areas.
(b) Deciduous. Plant material which normally sheds its foliage at the end of the growing season.
(c) Invasive Species. Plants identified as invasive species by the Ohio Department of Natural Resources, Division of Natural Areas and Preserves.
(d) Grade Changes. A change in ground elevation that serves to screen parking areas.
(e) Greenspace. An area covered with a living ground cover and/or supporting growth of trees, shrubs or other plants.
(f) Interior Areas. All vehicular use areas of a parking lot except those contiguous to a perimeter street frontage for which a greenspace area is required.
(g) Landscaping. Use of live plant materials including, but not limited to, groundcovers, shrubs and trees.
(h) Lawnstrip. City right of way area between the street curb and the sidewalk that runs parallel to it.
(i) Parking Area. Any part of a site used by vehicles not totally enclosed within a structure. This includes parking spaces and aisles, loading areas, vehicle storage areas, and other vehicular use areas.
(j) Parking Lot. A ground level outdoor area where motor vehicles are left on a temporary basis and including for purposes of this chapter new and used car lots whether for sale or lease.
(k) Perimeter Areas. Vehicular use areas of parking lots contiguous with an adjacent lot.
(l) Reconstruction. Removal and replacement of parking lot surface.
(m) Return Area. The difference in area between the sum of parking spaces and vehicular use areas of an original parking lot and the sum of parking spaces and vehicular use areas of a redesigned parking lot.
(n) Shade Tree. A deciduous tree with a mature height of at least 40 feet.
(o) Site Plan. A plan detailing the use of real property for a parking lot including, at a minimum, a scale drawing showing the dimensions of the parking lot, the portions devoted to parking spaces and green spaces, the location of curbing, wheel chocks, detail of surface materials to be used, and such other information as the City Engineer may require.
(p) Street Frontages. All vehicular use areas of parking lots abutting sidewalks or streets, except where a driveway or other opening may be required.
(q) Vacant Area. Regions within the parking area that serve as neither parking spaces nor vehicular use area; this would include areas that provide turning radii or are otherwise unsuitable for vehicular parking.
(r) Vehicular Use Area. Areas designed for use by motorized vehicles, including driveways, parking lots and their access ways, and roadways.
(Ord. 257(08-09). Passed 11-5-09.)
1107.04 GENERAL REQUIREMENTS.
(a) Parking lots shall meet design standards for parking spaces and vehicular use areas and shall be designed for best use (most parking spaces) of Parking and Vehicular Use Areas following the design standards in the current edition of Land Architectural Graphic Standards, John Wiley & Sons, Inc.
(b) The design for parking spaces and vehicular use areas shall be approved by the City Engineer pursuant to Section 1107.10 hereof.
(c) Screening for Perimeter Areas and Street Frontages. Greenspace areas shall include screening with a minimum height of three feet. Depending upon the existing conditions, screening may be achieved by landscaping, grade changes, berms, or woodland preservation that provide visual separation. Screening by shrubs or other similar vegetation shall be maintained at a minimum height of three feet and shall be planted in sufficient density to provide a continuous screen at maturity.
(d) Distribution of Interior Areas. Interior greenspace areas shall be dispersed so as to define aisles and break up the expanse of paving and limit unbroken rows of parking spaces to a maximum of 100 feet. Except for vacant areas, each interior greenspace area shall be no less than 4 feet in width and 100 square feet in area.
(e) Wheel Chocks and Curbing. Greenspace areas abutting parking spaces shall be protected from vehicular encroachment by wheel chocks or curbing.
(f) Plantings. All plantings made pursuant to the requirements of this chapter shall be made in compliance with the terms and conditions of the Tree Commission’s Planting Specifications.
(g) Exemption. New and used car lots whether for sale or lease shall be exempt from the frontage screening requirements of this chapter, but not the lawnstrip restoration requirements of this chapter.
(h) Historic Districts. Parking lots in Historic Districts shall be exempt from the provisions of this chapter except for the lawnstrip restoration and street frontage requirements.
(Ord. 257(08-09). Passed 11-5-09.)
1107.05 GREENSPACE REQUIREMENTS FOR NEW OR EXPANDED PARKING LOTS.
(a) Parking Lot Street Frontage, Perimeter and Interior Areas. New parking lots or expansions of existing parking lots shall have greenspace areas along their street frontage and perimeters and in interior areas as specified in Table 1.
Table 1. Minimum Greenspace Requirements for New or Expanded Parking Lots
Parking Lot Size | Perimeter Strip Width | Street Frontage Strip Width | Interior Green Space Area |
5 to 15 spaces | 4 feet | The greater of either 8 feet or the front of adjacent homes | None |
16 to 160 spaces | 8 feet | The greater of either 8 feet or the front of adjacent homes | 5% |
More than 160 | 8 feet | The greater of either 8 feet or the front of adjacent homes | 10% |
(b) Restoration of Lawnstrip. New parking lots or expansions of existing parking lots shall be configured in such a manner as to result in a minimum loss of lawnstrip and where lawnstrip has been lost it shall be restored as greenspace to the maximum extent practicable.
(Ord. 257(08-09). Passed 11-5-09.)
1107.06 GREENSPACE REQUIREMENTS FOR EXISTING PARKING LOTS.
(a) The minimum required greenspace for reconstructed parking lots shall be 5% of the parking area or the return area of the redesigned parking area.
(b) Parking Lot Street Frontages, Interior Areas and Perimeter Areas. The order of priority for greenspace placement shall be street frontage, then interior, then perimeter. Parking area shall include greenspace in these areas as provided by the return area of the redesigned parking lot. The minimum width of the street frontage area shall be four (4) feet.
(c) Reconstructed parking lots shall be required to meet the lawnstrip restoration requirements more fully set forth in Section 1107.05(b) above.
(Ord. 257(08-09). Passed 11-5-09.)
1107.07 LANDSCAPE MATERIALS.
(a) Content of Greenspace Areas. Greenspace areas shall be planted with shade trees unless physical constraints, such as light poles, exist that render compliance a hardship. Acceptable trees shall be selected from the lists of trees recommended for parking lots and high stress areas, as provided by the Tree Commission. Each greenspace area of at least 50 square feet shall contain landscape materials including at least one shade tree and a maximum spacing of 30 feet between trees within a greenspace area. Invasive species shall not be included among landscape plants.
(b) Maintenance of Greenspace Areas. The owner of landscaping required by this chapter shall maintain such landscaping in good condition and replace trees that die.
(Ord. 257(08-09). Passed 11-5-09.)
1107.08 PARKING SPACE COMPENSATION.
Requirements for off-street parking space as specified by Section 1103.07 shall be reduced by one parking space for each one hundred sixty (160) square feet of parking lot street frontage, perimeter and interior greenspace areas.
(Ord. 257(08-09). Passed 11-5-09.)
1107.09 STORM WATER MANAGEMENT.
Where appropriate parking areas should be designed to minimize and improve the quality of storm water run-off pursuant to the standards adopted by the Muskingum Watershed Conservancy District for storm water run-off engineering.
(Ord. 257(08-09). Passed 11-5-09.)
1107.10 PERMITS AND FEES.
(a) Every person proposing to construct or reconstruct a parking lot within the City shall first secure a permit therefor from the City Engineer.
(b) The application for a permit to construct or reconstruct a parking lot within the City shall be on such form as the City Engineer shall prescribe, but in every case shall be accompanied by a site plan.
(c) Each application for a permit shall be accompanied by a fee of one hundred fifty dollars ($150.00).
(Ord. 257(08-09). Passed 11-5-09.)
(Ord. 257(08-09). Passed 11-5-09.)
1107.11 VARIANCES.
(a) In those cases where, owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary hardship solely through the manner of operation of this chapter upon the particular property in question the Planning Commission may grant a variance, if,
(1) The reduction of greenspace below the limits required by this chapter is offset by the creation of greenspace of equal or greater area in the public right of way at another location within the City;
or
(2) The consolidation and relocation of the greenspace areas on the building site is necessary to preserve the functions of the site for building purposes.
(Ord. 257(08-09). Passed 11-5-09.)
1107.12 EXEMPTIONS.
(a) The provisions of this chapter shall not apply to any parking lot with fifteen or fewer parking spaces existing as of the effective date of this chapter and located within either the Marietta Historic District or the Harmar Historic District as more fully delineated in the National Register of Historic Places.
(b) The provisions of this chapter shall not apply to any parking lot existing as of the effective date of this chapter until such time as there shall be a change of ownership of said parking lot by virtue and only by virtue of an arms length sale.
(Ord. 257(08-09). Passed 11-5-09.)
1107.99 PENALTY.
(a) Whoever violates any provision of this chapter or the terms and conditions of any permit issued under this chapter is guilty of an unclassified misdemeanor and shall be fined not more than two hundred fifty dollars ($250.00).
(b) Whenever such person shall have been notified by service of summons in a prosecution, or notified by certified mail by the City Engineer that he is committing such violation of this chapter, each thirty day period thereafter that he shall continue such violation, sixty days after the receipt of such notification, shall constitute a separate offense punishable by a like fine or penalty. Such fine or penalty shall be collected as like fines or penalties are now by law collected.
(Ord. 257(08-09). Passed 11-5-09.)
(Ord. 257(08-09). Passed 11-5-09.)
1109.01 INTENDED PURPOSES.
The general character of these residential districts consists of single-family detached dwellings, set on large building lots. Nonresidential uses are restricted to those community facilities which:
(a) May appropriately be located in residential areas to serve educational needs or to provide other essential services for the residents, or
(b) May appropriately be located in residential areas to provide recreational, religious, health and other essential services for residents, or
(c) Can perform their activities more efficiently in a residential environment, unaffected by adjacent industrial or general service uses, and
(d) Do not create significant objectionable influences in residential areas.
In “R-1" Residential Districts the regulations set forth in this chapter apply.
(Ord. 81-(66-67). Passed 12-15-66.)
1109.02 USE REGULATIONS.
A building may be erected, altered or used, and a lot may be used or occupied, only for the following purposes, in any “R-1" Residential District:
(a) Primary Use. Single-family detached dwelling units.
(b) Community Facilities.
(1) Churches, rectories or parish houses.
(2) Public community centers.
(3) Libraries, museums or noncommercial art galleries.
(4) Monasteries, convents or novitiates.
(5) Municipal facilities and public utility uses directly related to and necessary for services within the district or City, provided no public utility use shall include an office building, warehouse or other use which is in conflict with the primary residential use.
(6) An off-street parking structure as an accessory use to a nonprofit or voluntary hospital, the title to which is held by the State of Ohio or one of its political subdivisions; such off-street parking structure shall not be subject to any height, area, width, yard or building coverage requirements contained in the Codified Ordinances.
(Ord. 18(76-77). Passed 4-15-76.)
(7) Public or parochial schools, colleges or universities, excluding residence accommodations.
(Ord. 221(86-87). Passed 5-21-87.)
(c) Special Permit Uses. (EDITOR’S NOTE: This subsection was repealed by Ordinance 22(82-83), passed June 17, 1982.)
(d) Open Uses.
(1) Agricultural uses, including greenhouses, nurseries or truck gardens not primarily for commercial use, provided that no offensive odors or dust are created, and that there is no sale of products not produced on the same zoning lot.
(2) Golf courses, including country clubs.
(3) Parks and playgrounds.
(4) Railroad rights of way.
(e) Accessory Uses. (Ord. 18(76-77). Passed 4-15-76.)
1109.03 HEIGHT REGULATIONS.
The maximum height of buildings and other structures erected or enlarged in any "R-1" Residential District shall be:
(a) For any dwelling, thirty-five feet;
(b) For any building accessory to any dwelling use, twenty feet;
(c) For any other non-dwelling building or other structure thirty-five feet, except that such height may be increased to a maximum of sixty-five feet, provided that for every foot of height in excess of thirty-five feet there shall be added to each yard requirement one corresponding foot of width and depth.
(Ord. 280(00-01). Passed 12-6-01.)
1109.04 AREA, WIDTH AND YARD REGULATIONS.
(a) Minimum Lot Area and Width. The provisions of this section shall not be applicable to platted lots of records as of January 1, 1987.
Newly platted lots shall have a minimum lot area of 14,000 square feet for each principal use structure and a minimum lot width of 100 feet at the building line for any use permitted in this district.
(Ord. 125(86-87). Passed 1-15-87.)
(b) Front Yard. There shall be a front yard on each lot which shall be not less than thirty feet in depth with twenty-five percent (25%) of the setback area to be landscaped and maintained as green space.
(c) Side Yards.
(1) On each interior lot, there shall be two side yards each having a width of not less than twelve feet.
(2) On each corner lot, there shall be two side yards, the side yard abutting the street having a width of not less than thirty feet, and the side yard not abutting the street having a width of not less than twelve feet, except for accessory use structures which shall have a side yard abutting a street the average depth of the side yard for the principal use structure for which it serves and the front yard of the structure on the adjoining lot facing the side street.
(3) On any lot, in any side yard not abutting a street, an accessory use structure may be erected and maintained within the rear quarter of the lot if not closer to the side lot line than ten feet.
(Ord. 280(00-01). Passed 12-6-01.)
(d) Rear Yard. There shall be a rear yard on each lot the depth of which shall not be less than thirty feet, except that an accessory use structure may be erected within the rear yard not closer to the property line than ten feet.
(e) Building Coverage. Not more than twenty-five percent of the area of any lot shall be occupied by buildings.
(Ord. 81(66-67). Passed 12-15-66.)
1111.01 INTENDED PURPOSES.
The general character of these residential districts consists of single-family detached dwellings, set on medium sized building lots. In “R-2" Residential Districts, the regulations set forth in this chapter apply.
(Ord. 81(66-67). Passed 12-15-66.)
1111.02 USE REGULATIONS.
A building may be erected, altered or used and a lot may be used or occupied only for the following purposes, in any “R-2" Residential District:
(a) A use permitted in “R-1" Residential Districts:
(b) Accessory uses.
(Ord. 81(66-67). Passed 12-15-66.)
1111.03 HEIGHT REGULATIONS.
The maximum height of buildings and other structures erected or enlarged in any "R-2" Residential District shall be:
(a) For any dwelling, thirty-five feet;
(b) For any building accessory to any dwelling use, twenty feet;
(c) For any other non-dwelling building or other structure thirty-five feet, except that such height may be increased to a maximum of sixty-five feet, provided that for every foot of height in excess of thirty-five feet there shall be added to each yard requirement one corresponding foot of width and depth.
(Ord. 280(00-01). Passed 12-6-01.)
1111.04 AREA, WIDTH AND YARD REGULATIONS.
(a) Minimum Lot Area and Width. The provisions of this section shall not be applicable to platted lots of record as of January 1, 1987.
Newly platted lots shall have a minimum lot area of 8,000 square feet for each principal use structure and a minimum lot width of seventy feet at the building line for any use permitted in this district.
(Ord. 125(86-87). Passed 1-15-87.)
(b) Front Yard. There shall be a front yard on each lot which shall be not less than twenty-five feet in depth with twenty-five percent (25%) of the setback area to be landscaped and maintained as green space.
(c) Side Yards.
(1) On each interior lot, there shall be two side yards each having a width of not less than eight feet;
(2) On each corner lot, there shall be two side yards, the side yard abutting the street having a width of not less than twenty-five feet, and the side yard not abutting the street having a width of not less than eight feet except for accessory use structures which shall have a side yard abutting a street the average depth of the side yard for the principal use structure for which it serves and the front yard of the structure on the adjoining lot facing the side street;
(3) On any lot, in any side yard not abutting a street, accessory use structures may be erected and maintained within the rear quarter of the lot if not closer to the side lot line than four feet.
(d) Rear Yard. There shall be a rear yard on each lot, the depth of which shall be not less than twenty-five feet, except that an accessory use structure may be erected within the rear yard not closer to the rear property line than five feet.
(Ord. 280(00-01). Passed 12-6-01.)
(e) Building Coverage. Not more than thirty percent of the area of any lot shall be occupied by buildings.
(Ord. 81(66-67). Passed 12-15-66.)
1113.01 INTENDED PURPOSES.
The general character of these residential districts consists of single-family, and multiple-family dwellings, set in a medium-high density living environment.
In “R-3" Residential Districts, the regulations set forth in this chapter apply.
(Ord. 81(66-67). Passed 12-15-66.)
1113.02 USE REGULATIONS.
A building may be erected, altered or used, and a lot may be used or occupied only for the following purposes in any "R-3" Residential District:
(a) A use permitted in an "R-2" Residential District.
(b) Single-family semidetached dwellings.
(c) Two-family detached dwellings.
(d) Town houses (also known as row houses and which consist of three or more completely separate single-family dwelling units having common walls joining them into one structural unit), not to exceed six dwellings per structural unit.
(e) Multiple-family dwellings and apartment houses.
(f) Accessory uses.
(g) Special Permit Uses. The following uses are not permitted as a right but require special permits granted by the Planning Commission, which permits shall be issued only when the Commission is satisfied the contemplated use is not in conflict with the primary residential use.
(1) Health Centers.
(2) Medical offices or group medical centers, including the practice of dentistry, osteopathy, podiatry, psychology or chiropody, limited to a location below the level of the first story ceiling, except that in multiple family dwellings such uses may be located on the second floor, if separate access to the outside is provided.
(3) Nonprofit or voluntary hospitals or related hospital facilities including animal hospitals.
(4) Philanthropic or nonprofit institutions with sleeping accommodations, including nursing homes or sanitariums, provided that not more than twenty-five percent of the floor area shall be used for central office purposes.
(5) Proprietary nursing homes or sanitariums.
(6) Residential facilities for the mentally retarded or developmentally disabled as licensed by the State of Ohio.
(Ord. 280(00-01). Passed 12-6-01.)
1113.03 HEIGHT REGULATIONS.
The maximum height of buildings and other structures erected or enlarged in any "R-3" Residential District shall be:
(a) For any dwelling, thirty-five feet;
(b) For any building accessory to any dwelling use, twenty feet;
(c) For any other non-dwelling building or other structure thirty-five feet, except that such height may be increased to a maximum of sixty-five feet, provided that for every foot of height in excess of thirty-five feet there shall be added to each yard requirement one corresponding foot of width and depth.
(d) For any multiple family dwelling or apartment house, forty-five feet.
(Ord. 280(00-01). Passed 12-6-01.)
1113.04 AREA, WIDTH AND YARD REGULATIONS.
(a) Minimum Lot Area and Width. The provisions of this section shall not be applicable to platted lots of record as of January 1, 1987.
Newly platted lots shall have, for each principal use structure, a minimum lot area of 5,000 square feet and a minimum lot width of fifty feet of the building line for any use permitted in this district; provided that for principal use structures with multiple residence units there shall be a minimum lot area of 5,000 square feet or 2,000 square feet per residence unit, whichever is greater.
(Ord. 125(86-87). Passed 1-15-87.)
(b) Front Yard. There shall be a front yard on each lot which shall be not less than twenty feet in depth with twenty-five percent (25%) of the setback area to be landscaped and maintained as green space.
(c) Side Yards.
(1) On each interior lot, there shall be two side yards each having a minimum width of five feet.
(2) On each corner lot, there shall be a side yard abutting the street having a width of not less than twenty feet and a side yard not abutting the street having a width of not less than five feet, except for accessory use structures which shall have a side yard abutting a street the average depth of the side yard for the principal use structure for which it serves and the front yard of the structure on the adjoining lot facing the side street.
(3) On any lot, in any side yard not abutting the street, an accessory use structure may be erected and maintained within the rear quarter of the lot if not closer to the side lot line than four feet.
(d) Rear Yard. There shall be a rear yard on each lot, the depth of which shall not be less than twenty feet, except that an accessory use structure may be erected within the rear yard not closer to the rear lot line than five feet.
(e) Building Coverage. Not more than forty-five percent (45%) of the area of any lot shall be occupied by buildings.
(Ord. 280(00-01). Passed 12-6-01.)
1115.01 INTENDED PURPOSES.
The general character of these residential districts permits the widest range of residential building types, thereby creating the highest density of dwelling used within the City; however, this classification shall be exclusive and shall not be included in any of the higher or less restrictive classifications of “C-1" through “C-6" or “M-1" through “M-3", the purpose being to isolate trailer parks and house trailer sites in an area unto themselves and not to allow the location of trailer parks or house trailer home sites in any commercial or any industrial zoned areas, except that the Planning Commission shall be and is hereby given the full and complete authority to determine whether or not the location of a trailer park or single mobile home in a commercial or industrial zoned area would, in fact, benefit the neighborhood area in terms of being the highest and best use for the already established land utilization in the neighborhood area. The manner of bringing this subject before the Planning Commission shall be the same in all respects as the procedures required for variance already established under the Zoning Ordinance. This amendment shall apply only to that part of Chapter 1115 dealing exclusively with mobile homes and mobile home parks and shall not affect any other use regulations therein.
(Ord. 182(74-75). Passed 12-18-75.)
1115.02 USE REGULATIONS.
A building may be erected, altered or used and a lot may be used or occupied only for the following purposes in any "R-4" Residential District:
(a) A use permitted in an "R-3" Residential District.
(b) Mobile homes (house trailers) and mobile home parks (house trailer parks).
(c) Commercial uses permitted in Section 1117.02 when designed as an integral part of a residential complex on the same zoning lot, provided that such commercial uses shall not exceed twenty-five percent of the zoning lot area and provided that a single individual establishment shall not exceed 1,500 square feet and in no instance shall the total commercial development exceed 5,000 square feet, and all such commercial uses shall be below the level of the first story ceiling.
(d) Accessory uses.
(e) Special Permit Uses. The following uses are not permitted as of right but require special permits granted by the Planning Commission, which permits shall be issued only when the Commission is satisfied the contemplated use is not in conflict with the primary residential use.
(1) Health centers.
(2) Medical offices or group medical centers, including the practice of dentistry, osteopathy, podiatry, psychology or chiropody, limited to a location below the level of the first story ceiling, except that in multiple family dwellings such uses may be located on the second floor, if separate access to the outside is provided.
(3) Nonprofit or voluntary hospitals or related hospital facilities including animal hospitals.
(4) Philanthropic or nonprofit institutions with sleeping accommodations, including nursing homes or sanitariums, provided that not more than twenty-five percent of the floor area shall be used for central office purposes.
(5) Proprietary nursing homes or sanitariums.
(6) Residential facilities for the mentally retarded or developmentally disabled as licensed by the State of Ohio.
(Ord. 280(00-01). Passed 12-6-01.)
1115.03 HEIGHT REGULATIONS.
The maximum height of buildings and other structures erected or enlarged in any "R-4" Residential District shall be:
(a) For any dwelling, thirty-five feet;
(b) For any building accessory to any dwelling use, twenty feet;
(c) For any other non-dwelling building or other structure thirty-five feet, except that such height may be increased to a maximum of sixty-five feet, provided that for every foot of height in excess of thirty-five feet there shall be added to each yard requirement one corresponding foot of width and depth.
(d) For any multiple family dwelling or apartment house, forty-five feet.
(Ord. 280(00-01). Passed 12-6-01.)
1115.04 AREA, WIDTH AND YARD REGULATIONS.
(a) Minimum Lot Area and Width. The provisions of this section shall not be applicable to platted lots of record as of January 1, 1987. Newly platted lots shall have, for each principal use structure, a minimum lot area of 5,000 square feet and minimum lot width of fifty feet at the building line for any use permitted in this district; provided that for principal use structures with multiple residence units there shall be a minimum lot area of 5,000 square feet or 1,600 square feet of residence unit, whichever is greater.
(b) Front Yards. There shall be a front yard on each lot which shall be not less than twenty feet in depth with twenty-five percent (25%) of the setback area to be landscaped and maintained as green space.
(c) Side Yards.
(1) On each interior lot, two side yards shall be provided each having a minimum width of five feet;
(2) On each corner lot, there shall be two side yards, the side yard abutting the street having a width of not less than twenty feet and the side yard not abutting the street having a width of not less than five feet, except for accessory use structures which shall have a side yard abutting a street the average depth of the side yard for the principal use structure for which it serves and the front yard of the structure on the adjoining lot facing the side street.
(3) On any lot, in any side yard not abutting a street, an accessory use structure may be erected and maintained within the rear quarter of the lot, if not closer to the side lot line than four feet.
(d) Rear Yard. There shall be a rear yard on each lot, the depth of which shall be not less than twenty feet, except that an accessory use structure may be erected within the rear yard not closer to the rear lot line than five feet.
(e) Building Coverage. Not more than forty-five percent of the area of any lot shall be occupied by buildings.
(f) Mobile Home Parks. Each such park shall, around the perimeter of the park, meet the front, side, rear yard, and building coverage requirements set forth in subsections (b), (c), (d), and (e) of this section. Within each mobile home park each mobile home space shall be provided with parking spaces for two automobiles and each mobile home shall meet the Ohio State Department of Health Rules and Regulations for Manufactured Home Parks.
(Ord. 280(00-01). Passed 12-6-01.)
1116.01 INTENDED PURPOSES.
(a) The general character of this district is designed to provide, at suitable locations, areas where college or university related institutional uses and other compatible uses, such as offices, may be developed.
(b) In an “I-O” Institutional-Office District the regulations set forth in this chapter apply.
(Ord. 60 (98-99). Passed 5-20-98.)
1116.02 USE REGULATIONS.
A building may be erected, altered or used, and a lot may be used or occupied only for the following purposes in any “I-O” Institutional-Office District:
(a) College or university living areas; office buildings; classroom buildings; recreation and sports facilities; service buildings; meeting and student service areas; walkways, green spaces and service roads; and off-street parking areas.
(b) Community centers.
(c) Libraries, museums or art galleries.
(d) Public parks, playgrounds or playing fields.
(e) Public service facilities.
(f) Schools.
(g) Any use of the same general character as any of the above permitted uses, when authorized as a special exception.
(h) Accessory uses.
(Ord. 60 (98-99). Passed 5-20-98.)
1116.03 HEIGHT REGULATIONS.
The maximum height of any building or other structure shall be not more than fifty feet.
(Ord. 60 (98-99). Passed 5-20-98.)
(Ord. 60 (98-99). Passed 5-20-98.)
1116.04 AREA, WIDTH AND YARD REGULATIONS.
(a) Minimum Lot Area and Width. The provisions of this section shall not be applicable to platted lots of record as of January 1, 1987. Newly platted lots shall have a minimum lot area of not less than 3,500 square feet, and a lot width of not less than twenty-five feet at the building line shall be provided for every building or other structure erected or used for any use permitted in any “I-O” District.
(b) Front Yard. There shall be a front yard on each lot, the depth of which shall be not less than twenty-five feet from the right-of-way line.
(c) Side Yards.
(1) On each corner lot, there shall be a side yard, abutting the street, having a width of not less than twenty-five feet, and another side yard having a width of not less than five feet.
(2) On a lot abutting any residential zoning district, there shall be a side yard abutting such district having a width of not less than twelve feet.
(3) All interior lots shall have two side yards, each having a width of not less than five feet.
(d) Rear Yard. There shall be a rear yard on each lot, the depth of which shall be not less than fifteen feet from the rear lot line or twenty-five feet from the rear lot line for corner lots.
(e) Building Coverage. No more than fifty percent (50%) of any lot may be covered by buildings.
(Ord. 60 (98-99). Passed 5-20-98.)
1116.05 SPECIAL PARKING CONDITIONS.
Before the issuance of any use and occupancy permit for any development that includes the construction of any parking area involving more than five off-street parking spaces the applicant shall demonstrate compliance with Section 1103.07(a).
(Ord. 60 (98-99). Passed 5-20-98.)
1117.01 INTENDED PURPOSES.
(a) The general character of these commercial districts is designed for local shopping and includes a limited range of retail establishments catering to frequently recurring needs.
(b) In “C-1" Local Restricted Business Districts the regulations set forth in this chapter apply.
(Ord. 81(66-67). Passed 12-15-66.)
1117.02 USE REGULATIONS.
A building may be erected, altered or used, and a lot may be used or occupied only for the following purposes in any "C-1 " Local Restricted Business District:
(a) Retail: Variety merchandise, clothing, foods, non-alcoholic beverages, drugs.
(b) Business or professional offices, financial institutions, municipal buildings, libraries, museums.
(c) Restaurant or other place serving food or non-alcoholic beverages, provided there is no outdoor counter, drive-in or curb service.
(d) Personal service shops: Barbershop, beauty salon, shoe repair, tailor.
(e) Furniture or appliance store, totally within a building.
(f) Hardware store, totally within a building.
(g) Antique store, totally within a building.
(h) Automobile parts store, with no installation or repairs.
(i) Condominiums, loft apartments or apartment houses.
(Ord. 280(00-01). Passed 12-6-01.)
(j) Child day-care centers as defined in Ohio R.C. 5104.01 when licensed by the State of Ohio.
(Ord. 90(06-07). Passed 4-2-06.)
(Ord. 90(06-07). Passed 4-2-06.)
(k) Schools of cosmetology. (Ord. 108(06-07). Passed 11-1-06.)
(l) Accessory Uses.
(m) Any use of the same general character when authorized as a special exception.
(Ord. 280(00-01). Passed 12-6-01.)
1117.03 HEIGHT REGULATIONS.
The maximum height of any building or other structure shall be not more than fifty feet, except when authorized as a Special Exception by the Planning Commission.
(Ord. 280(00-01). Passed 12-6-01.)
1117.04 AREA, WIDTH AND YARD REGULATIONS.
(a) Minimum Lot Area and Width. A minimum lot area of not less than 3,500 square feet, and a lot width of not less than twenty-five feet at the building line shall be provided for every building or other structure erected or used for any use permitted in any "C-1" District, and in no case shall an individual establishment exceed 5,000 square feet of floor space.
(b) Front Yard. There shall be a front yard on each lot, the depth of which shall be not less than twenty-five feet from the right-of-way line, with twenty-five percent (25%) of the setback area to be landscaped and maintained as green space.
(c) Side Yards.
(1) On each corner lot, there shall be a side yard, abutting the street, having a width of not less than twenty-five feet, and another side yard having a width of not less than five feet, unless the building employs a common party wall with the building on the adjoining lot.
(2) On a lot abutting any residential zoning district, there shall be a side yard abutting such district having a width of not less than twelve feet, which shall be effectively screened from abutting lots by a strip of planting not less than five feet in ultimate width.
(3) All interior lots shall have two side yards, each having a width not less than five feet, except where party walls are used with buildings on adjoining lots.
(d) Rear Yard.
(1) There shall be a rear yard on each lot, the depth of which shall be not less than fifteen feet from the rear lot line, except when abutting a street then it shall be twenty-five feet.
(e) Building Coverage. Not more than fifty percent (50%) of the area of any lot shall be occupied by buildings.
(Ord. 280(00-01). Passed 12-6-01.)
1117.05 SPECIAL CONDITIONS.
All business shall be conducted within a completely enclosed building, except for off-street parking.
(Ord. 81(66-67). Passed 12-15-66.)
1119.01 INTENDED PURPOSES.
(a) The general character of these commercial districts is designed to provide for a wide range of necessary local services not involving regular local shopping. These establishments are either less frequently visited by customers or reach their customer peak during off-peak retailing hours and, therefore, do not disrupt the continuity of prime retail frontage and do not hamper the development of concentrations of local retailing areas. The permitted services create few objectionable influences on nearby residential areas.
(b) In “C-2" Local Restricted Service Districts the regulations set forth in this chapter apply.
(Ord. 81(66-67). Passed 12-15-66.)
1119.02 USE REGULATIONS.
A building may be erected, altered or used and a lot may be used or occupied only for the following purposes in any "C-2" Local Restricted Service District:
(a) Any use allowed in a "C- 1" District.
(b) Non-commercial clubs and fraternal organizations.
(c) Dry cleaners and laundromats not exceeding 5,000 square feet.
(d) Home maintenance and repair services within a fully enclosed building (does not include a contractor's yard).
(e) Funeral establishments.
(f) Veterinary and animal hospitals with fully enclosed kennels.
(g) Printing establishments not exceeding 5,000 square feet.
(h) Condominiums, loft apartments, or apartment houses.
(i) Accessory Uses.
(j) Any use of the same general character when authorized as a Special Exception.
1119.03 HEIGHT REGULATIONS.
The maximum height of any building or other structure shall be not more than fifty feet, except when authorized as a Special Exception by the Planning Commission.
(Ord. 280(00-01). Passed 12-6-01.)
1119.04 AREA, WIDTH AND YARD REGULATIONS.
(a) Minimum Lot Area and Width. A minimum lot area of not less than 5,000 square feet, and a lot width of not less than fifty feet at the building line, shall be provided for every building or other structure erected or used for any use permitted in any “C-2" District, and in no case shall an individual establishment exceed 14,000 square feet of floor space.
(b) Front Yard. There shall be a front yard on each lot, the depth of which shall be not less than twenty-five feet from the right-of-way line, with twenty-five percent (25%) of the setback area to be landscaped and maintained as green space.
(c) Side Yards.
(1) On each corner lot, there shall be a side yard abutting the street, having a width of not less than twenty-five feet, and another side yard having a width of not less than eight feet, unless the building employs a common party wall with the building on the adjoining lot.
(2) On a lot abutting any residential zoning district, there shall be a side yard abutting such district having a width of not less then twelve feet, which shall be effectively screened from abutting lots by a strip of planting not less than five feet in ultimate width.
(3) All interior lots shall have two side yards, each having a width of not less than eight feet, except where party walls are used with buildings on adjoining lots.
(d) Rear Yard.
(1) There shall be a rear yard on each lot, the depth of which shall be not less than fifteen feet from the rear lot line, except when abutting a street then it shall be twenty-five feet.
(e) Building Coverage. Not more than fifty percent (50%) of the area of any lot shall be occupied by buildings.
(Ord. 280(00-01). Passed 12-6-01.)
1121.01 INTENDED PURPOSES.
(a) The general character of these commercial districts is designed to accommodate community or regional shopping and service facilities which cater largely to occasional family shopping needs and to essential services to business establishments over a wide area of the City, and which would generate considerable traffic. The intent of these regulations is to provide a stable retail development and to prohibit service and manufacturing establishments which tend to break this continuity.
(b) In “C-3" General Retail and Service Districts, the regulations set forth in this chapter apply.
(Ord. 81(66-67). Passed 12-15-66.)
1121.02 USE REGULATIONS.
A building may be erected, altered or used and a lot may be used or occupied only for the following purposes in any "C-3" General Retail and Service District:
(a) Any use allowed in a "C-2" District.
(b) Supermarkets.
(c) Department stores.
(d) Shopping centers.
(e) Motels or hotels.
(f) Eating and drinking places with no sale or consumption of alcoholic beverages, except when located on the premises of a hotel or motel or granted a Special Exception by the Planning Commission.
(g) Theaters.
(h) Service stations and accessory auto repair services.
(i) Automobile sales with accessory service establishments.
(j) Automobile laundries (car washes)
(k) Boat sales with accessory service, and storage within fully enclosed buildings.
(l) Building material sales within a fully enclosed building or outside enclosure with an opaque fence at least 8' high.
(m) Condominiums, loft apartments, or apartment houses.
(n) Accessory Uses.
(o) Any use of the same general character when authorized as a Special Exception.
(Ord. 280(00-01). Passed 12-6-01.)
1121.03 HEIGHT REGULATIONS.
The maximum height of any building or other structure shall be not more than fifty feet, except when authorized by a Special Exception by the Planning Commission.
(Ord. 280(00-01). Passed 12-6-01.)
1121.04 AREA, WIDTH AND YARD REGULATIONS.
(a) Minimum Lot Area and Width. A minimum lot area of not less than 8,000 square feet, and a lot width of not less than seventy feet at the building line shall be provided for every building or other structure erected or use permitted in any "C-3" District.
(b) Front Yard. There shall be a front yard on each lot, the depth of which shall be not less than twenty-five feet from the right-of-way line, with twenty-five percent (25%) of the setback area to be landscaped and maintained as green space.
(c) Side Yards.
(1) On each corner lot, there shall be a side yard, abutting the street, having a width of not less than twenty-five feet, and another side yard having a width of not less than ten feet, unless the building employs a common party wall with the building on the adjoining lot.
(2) On a lot abutting any residential zoning district there shall be a side yard abutting such district having a width of not less than twelve feet, which shall be effectively screened from abutting lots by a strip of planting not less than five feet in ultimate width.
(3) All interior lots shall have two side yards, each having a width of not less than ten feet, except where party walls are used with buildings on adjoining lots.
(d) Rear Yard.
(1) There shall be a rear yard on each lot, the depth of which shall be not less than fifteen feet from the rear lot line, except when abutting a street then it shall be twenty-five feet.
(e) Building Coverage. Not more than fifty percent (50%) of the area of any lot shall be occupied by buildings.
(Ord. 280(00-01). Passed 12-6-01.)
1123.01 INTENDED PURPOSES.
The general character of this commercial district is designed to consist of a wide range of retail, office, service, amusement, custom manufacturing and similarly related uses generally associated with and frequently dependent upon the central downtown retailing core of the City. Residential uses, except for apartment houses with a minimum of four rental units are not permitted. The character of this commercial district also permits services that support individuals or families through the limited provision of community services as outlined, confirming via application documentation that any proposed activities are in compliance with relevant State laws and governing program regulations, including the receipt or application for any required permits or licenses from the State of Ohio, and found to not disturb the general character of the district. Conformance with these requirements will be established in an operational plan submitted for approval prior to the establishment of any activities subject to special use considerations under this section.
(Ord. 212(24-25). Passed 8-7-25.)
1123.02 USE REGULATIONS.
A building may be erected, altered or used and a lot may be used or occupied only for the following purposes in any "C-4" Downtown Commercial District.
(a) Any use allowed in a "C-2" District.
(b) Retail of variety merchandise and clothing.
(c) Retail of jewelry with accessory manufacture.
(d) Business and professional offices, financial institutions, municipal buildings, libraries, museums.
(e) Eating and drinking places with no restrictions on entertainment and dancing.
(f) Hotels.
(g) Theaters.
(h) Condominiums, loft apartments, or apartment houses.
(i) Any use of the same general character when authorized as a Special Exception.
(j) The following uses are not permitted as a right, but require Special Use permits when authorized by the Planning Commission, which permits shall be issued only when the Planning Commission is satisfied that the contemplated use is not in conflict with the intended primary uses when outlined in an Operational Plan filed with the Planning Commission accompanying the appropriate zoning application.
(1) Specialty Manufacturing.
Special Manufacturing are uses which may be permitted, include "M-1" and "M-2" uses involving, fabrication, manufacturing, assembly, processing or refining of materials into finished goods (including food and brewed or distilled beverages) where the required activities do not create significant disturbances to the existing environment and downtown character, like smoke, gas, odor, dust, noise, vibration, or significant equipment visible from the exterior of the location. (Allowance of use is conditional upon obtaining all State of Ohio Permits and/or licenses.)
(2) Artisan Manufacturing.
Artisan Manufacturing are uses which may be permitted that involve on site production of goods by hand manufacturing, or involving the use of hand tools and small scale, light mechanical equipment. Typical uses include woodworking and cabinet shops, ceramic studios, jewelry manufacturing and similar types of arts and crafts, or very small scale manufacturing uses that have no negative external impacts on surrounding properties, or the general character of the district.
(3) Community Services.
Community Services are uses which encompass the provision of services that support individuals or families through the limited provision of direct services including education, child development, case management, food distribution, training, counseling, rehabilitation, short term shelter, and other related social welfare activities that could be provided while not disturbing the general character of the existing area.
(k) Accessory Uses.
(Ord. 212(24-25). Passed 8-7-25.)
1123.03 HEIGHT REGULATIONS.
The maximum height of any building or other structure shall be not more than fifty feet, except when authorized as a variance by the Planning Commission.
(Ord. 280(00-01). Passed 12-6-01.)
1123.04 AREA, WIDTH, AND YARD REGULATIONS.
(a) Minimum Lot Area and Width. A minimum lot area of not less than 2,500 square feet, and a lot width of not less than twenty-two feet at the building line shall be provided for every building or other structure erected or used for any use permitted in a "C-4" Downtown Commercial District.
(b) Side Yard. On a lot abutting any residential zoning district, there shall be a side yard abutting such district having a width of not less than twelve feet, which shall be effectively screened from abutting lots by a strip of planting at least five feet in ultimate width.
(c) Side Yards.
(1) On each corner lot, there shall be a side yard, abutting the street, having a width of not less than ten feet, and another side yard having a width of not less than five feet, unless the building employs a common party wall with the building on the adjoining lot.
(2) On a lot abutting any residential zoning district, there shall be a side yard abutting such district having a width of not less than twelve feet, which shall be effectively screened from abutting lots by a strip of planting not less than twelve feet in ultimate width.
(3) All interior lots shall have two side yards, each having a width of not less than five feet, except where party walls are used with buildings on adjoining lots.
(Ord. 81 (66-67). Passed 12-15-66.)
(d) Building Coverage. A lot located in the “C-4" District may be totally covered by buildings.
(Ord. 280(00-01). Passed 12-6-01.)
1123.05 LANDSCAPING.
One two and one-half inch minimum caliper deciduous tree for every thirty feet of street frontage or portion thereof shall be planted in any section of the front yard of every lot.
(Ord. 81 (66-67). Passed 12-15-66.)
1123.06 SPECIAL CONDITIONS.
All business shall be conducted within a completely enclosed building, except for off-street parking, unless authorized as a special exception.
(Ord. 81 (66-67). Passed 12-15-66.)
1123.07 SIGNS.
(a) In the "C-4" Downtown Commercial District, no person, firm, or corporation shall erect, place or maintain any sign that projects as right angles from the building to which it is attached, nor extend more than two (2) feet in any direction from the building to which it is attached, nor that extends or projects over any street, sidewalk, or other public way in the "C-4" District, except as provided herein.
(b) (1) Preexisting Marquees: Preexisting marquees as currently defined in Section 905.06 of the Codified Ordinances in the City of Marietta, Ohio may be internally and externally illuminated and may display or advertise the name of the business, address of the business, business greeting, and current activities of that business address, provided the person, firm, or corporation first obtains a building permit from the Southeast Ohio Building Department and a zoning permit from the City of Marietta, Ohio. Said zoning permit shall be issued only if the building to which the sign is to be attached has a preexisting marquee as currently defined in Section 905.06 of the Codified Ordinances in the City of Marietta, Ohio with the proposed signage being attached above the marquee having a vertical, historically relevant design element.
(2) Restoration of Former Marquee: Historically significant buildings that continue to display their past historical structural components and facades, that are located in the C-4 Downtown Commercial Business District, which encompasses the 100 and 200 block of Putnam Street, that have had a prior sign or marquee as defined in Section 905.06 of the Codified Ordinances of the City of Marietta, Ohio, said sign or marquee having previously been modified, or removed, may, upon proper application, to-wit: after first obtaining a building permit from the Southeast Ohio Building Department, and a zoning permit from the City of Marietta, restore the sign or marquee by installing or attaching a vertical sign to the structure, that is of a historically relevant design element.
(3) That signs with a vertical, historical design element installed or attached and located above the preexisting marquee must be internally illuminated.
(4) All internally illuminated portions of the signs and the vertical, historical design element, if any, must be constructed so as to allow for the reduction of the brightness/luminosity level.
(Ord. 93(24-25). Passed 9-19-24.)
1125.01 INTENDED PURPOSES.
The general character of these commercial districts is designed to consist of a wide range of entertainment, amusement and similarly related uses generally associated therewith. In "C-5" General Entertainment and Amusement Districts, the regulations set forth in this chapter apply.
(Ord. 280(00-01). Passed 12-6-01.)
1125.02 USE REGULATIONS.
A building may be erected, altered or used and a lot may be used or occupied only for the following purposes in any "C-5" General Entertainment and Amusement District:
(a) Billiard parlors or pool halls.
(b) Commercial clubs and swimming pools.
(c) Bowling alleys.
(d) Skating rinks.
(e) Eating or drinking places with no restrictions on entertainment and dancing.
(f) Arenas or auditoriums except where associated with a school or college.
(g) Theaters.
(h) Exposition grounds.
(i) Golf courses and driving ranges.
(j) Ball diamonds and tennis courts.
(k) Watercraft livery and rentals.
(l) Condominiums, loft apartments, or apartment houses.
(m) Accessory uses.
(n) Any use of the same general character when authorized as a Special Exception.
(Ord. 280(00-01). Passed 12-6-01.)
1125.03 HEIGHT REGULATIONS.
The maximum height of any building or other structure shall be not more than fifty feet, except when authorized as a Special Exception by the Planning Commission.
(Ord. 280(00-01). Passed 12-6-01.)
1125.04 AREA, WIDTH AND YARD REGULATIONS.
(a) Minimum Lot Area and Width. A minimum lot area of not less than 3,500 square feet, and a lot width of not less than twenty-five feet at the building line shall be provided for every building or other structure erected or used for any use permitted in any "C-5" District.
(b) Front Yard. There shall be a front yard the depth which shall not be less than twenty-five feet from the right-of-way line, with twenty-five percent (25%) of the setback area to be landscaped and maintained as green space.
(c) Side Yards.
(1) All interior lots shall have two side yards each having a width of not less than ten feet.
(2) Corner lots shall have two side yards, the side yard abutting the street shall be not less than twenty-five feet, and the other side yard shall not be less than ten feet.
(3) On a lot abutting any residential zoning district, there shall be a side yard abutting such district having a width of not less than twelve feet, which shall be effectively screened from abutting lots by a strip of planting not less than five feet in ultimate width.
(d) Rear Yards.
(1) There shall be a rear yard on each lot, the depth of which shall not be less than fifteen feet, except when abutting a street then it shall be twenty-five feet.
(e) Building Coverage. Not more than seventy-five percent (75%) of the area of any lot shall be occupied by buildings.
(Ord. 280(00-01). Passed 12-6-01.)
1125.05 LANDSCAPING.
Landscaping in “C-5" Districts shall be planted so as not to obstruct lawfully erected signs on adjoining lots.
(Ord. 81(66-67). Passed 12-15-66.)
1127.01 INTENDED PURPOSES.
(a) The general character of these districts is designed to consist of automotive and other necessary semi-industrial uses which:
(1) Are required widely throughout the City, and
(2) Involve potentially offensive noise, vibration, smoke, dust or other particulate matter, odorous matter, heat, humidity, glare or other objectionable influences making such uses incompatible with residential uses and other types of commercial development.
(b) In “C-6" Heavy Service Districts the regulations set forth in this chapter apply.
(Ord. 81(66-67). Passed 12-15-66.)
1127.02 USE REGULATIONS.
A building may be erected, altered or used and a lot may be used or occupied only for the following purposes in any "C-6" Heavy Service District:
(a) Any use allowed in a "C-3" District.
(b) Building material sales.
(c) Contractor yards.
(d) Heating, ventilating, plumbing, electrical sales and service.
(e) Automobile service stations and repair garages.
(f) Automobile sales and service.
(g) Kennels.
(h) Rental Establishments.
(i) Soldering or welding shops.
(j) Automobile laundries (car washes).
(k) Enclosed dead storage of motor vehicles with an opaque fence at least 8' high.
(l) Dry cleaners and laundromats.
(m) Trucking and motor freight terminals.
(n) Warehousing.
(o) Wholesale establishments.
(p) Tradeschools.
(q) Flea markets.
(r) Condominiums, loft apartments, or apartment houses.
(s) Accessory uses.
(t) Any use of the same general character when authorized as a Special Exception.
(Ord. 280(00-01). Passed 12-6-01.)
1127.03 HEIGHT REGULATIONS.
The maximum height of any building or other structure shall be not more than fifty feet, except when authorized as a Special Exception by the Planning Commission.
(Ord. 280(00-01). Passed 12-6-01.)
1127.04 AREA, WIDTH AND YARD REGULATIONS.
(a) Minimum Lot Area and Width. A minimum lot area of not less than 8,000 square feet, and a lot width of not less than seventy feet at the building line shall be provided for every building or other structure erected or used for any use permitted in any “C-6" District, and in no case shall an individual establishment exceed 14,000 square feet of floor space. (Ord. 81(66-67). Passed 12-15-66.)
(b) Front Yard. There shall be a front yard on each lot, the depth of which shall be not less than twenty-five feet from the right-of-way line, with twenty-five percent (25%) of the setback area to be landscaped and maintained as green space.
(c) Side Yards.
(1) On each corner lot, there shall be a side yard, abutting the street, having a width of not less than twenty-five feet, and another side yard having a width of not less than twelve feet, unless the building employs a common party wall with the building on the adjoining lot.
(2) On a lot abutting any residential zoning district, there shall be a side yard abutting such district having a width of not less than twelve feet, which shall be effectively screened from abutting lots by a strip of planting not less that five feet in ultimate width.
(3) All interior lots shall have two side yards each having a width of not less than twelve feet, except where party walls are used with buildings on adjoining lots.
(d) Rear Yard.
(1) There shall be a rear yard on each lot, the depth of which shall be not less than fifteen feet from the rear lot line, except when abutting a street then it shall be twenty-five feet.
(e) Building Coverage. No more than seventy-five percent (75%) of any lot may be covered by buildings.
(Ord. 280(00-01). Passed 12-6-01.)
1128.01 INTENDED PURPOSES.
The general character of "CMC" Commercial-Manufacturing Combined Districts is designed to consist of large commercial establishments and light nonhazardous manufacturing establishments which:
(a) Serve a wide area and are, therefore, appropriate in major or central shopping areas;
(b) Are not appropriate in local shopping areas, local service areas or industrial areas because of the generation of considerable pedestrian, automobile and truck traffic;
(c) Involve no potentially offensive noise, vibration, smoke, dust or other particulate matter, odorous matter, heat, humidity, glare or other objectionable environmental influences making such uses incompatible with residential uses and other types of commercial development; and
(d) Are, or may be customarily, found in combination or conjunction with one another as related commercial and manufacturing uses.
In "CMC" Commercial-Manufacturing Combined Districts the regulations set forth in this chapter apply.
(Ord. 106 (88-89). Passed 7-15-88.)
1128.02 USE REGULATIONS.
A building may be erected, altered or used and a lot may be used or occupied only for the following purposes, in any "CMC" Commercial-Manufacturing Combined District:
(a) Any use permitted in "C-4" Restricted Central Commercial Districts.
(b) Retail and service establishments:
(1) Department stores.
(2) Eating or drinking places without restrictions on entertainment or dancing.
(3) Furniture stores.
(4) Variety stores.
(5) Food stores and supermarkets.
(c) Wholesale establishments:
(1) Wholesaling establishments with accessory storage.
(d) Manufacturing establishments:
(1) Apparel.
(2) Business and miscellaneous machines.
(3) Optical equipment, clocks, instruments and precision equipment.
(4) Sporting and athletic equipment.
(e) Warehousing establishments.
(f) Any use of a similar character when authorized by the Planning Commission as a special exception.
(g) Accessory uses.
(Ord. 106 (88-89). Passed 9-15-88.)
1128.03 HEIGHT REGULATIONS.
The maximum height of buildings and other structures erected or enlarged in any "CMC" District shall be thirty-five feet, except that such height may be increased, provided that for every foot of height in excess of thirty-five feet there shall be added to each yard requirement one corresponding foot of width or depth. (Ord. 106 (88-89). Passed 9-15-88.)
1128.04 AREA, WIDTH AND YARD REGULATIONS.
(a) Minimum Lot Area and Width. A lot area of not less than 8,000 square feet, and a lot width of not less than seventy feet at the building line shall be provided for every building or other structure erected or used for any use permitted in any "CMC" District.
(b) Front Yards. There shall be a front yard on each lot which shall be not less than twenty-five feet in depth.
(c) Side Yards.
(1) On each interior lot there shall be two side yards having an aggregate width of not less than twenty-five feet, neither side yard having a width of less than ten feet, except as provided in subsection (f) hereof.
(2) On each corner lot there shall be two side yards, the side yard abutting the street having a width of not less than twenty-five feet and a side yard not abutting the street having a width of not less than ten feet, except as provided in subsection (f) hereof.
(d) Rear Yard. There shall be a rear yard on each lot, the depth of which shall be not less than twenty feet, except as provided in subsection (f) hereof.
(e) Building Coverage. Not more than fifty percent of the area of any lot shall be occupied by buildings.
(f) Lots Abutting Residential Districts. Unless authorized as a special exception, in no case shall any building or structure be erected closer than fifty feet to any residential district nor shall any parking area be closer than twelve feet to any residential district.
(Ord. 106 (88-89). Passed 9-15-88.)
1128.05 LANDSCAPING AND SCREENING.
All areas delimited by the front lot line and a depth of twenty-five feet therefrom for the entire length thereof and all areas delimited by any lot line abutting a residential district and a depth of twelve feet for the entire length thereof, shall be maintained as green areas and planted in grass, shrubs or trees, except for necessary ways of access therethrough.
(Ord. 106(88-89). Passed 9-15-88.)
1128.06 OFF-STREET PARKING.
The provisions of Section 1103.07 to the contrary notwithstanding, no parking area shall be permitted closer than twelve feet to any residential district.
(Ord. 106(88-89). Passed 9-15-88.)
1129.01 APPLICATION.
In "M-1" Nonhazardous Light Manufacturing Districts, the regulations set forth in this chapter apply.
(Ord. 81(66-67). Passed 12-15-66.)
(Ord. 81(66-67). Passed 12-15-66.)
1129.02 USE REGULATIONS.
In any "M-l" Nonhazardous Light Manufacturing District a building or other structure may be erected, altered or used and a lot may be occupied or used only for the following purposes, but only upon receiving a special permit from the Planning Commission, provided, however, that no such permit shall be required for the modification, extension or alteration of an existing use pursuant to the terms of a previously issued special permit unless otherwise required under the terms of Part Eleven - Planning and Zoning Code.
(Ord. 14(88-89). Passed 3-3-88.)
(a) Service or Wholesale Establishments:
(1) Building materials or contractors’) yards, open or enclosed, except that yards shall be limited to 20,000 square feet per establishment.
(2) Wholesale produce or meat markets.
(b) Manufacturing establishments:
(1) Adhesives.
(2) Aircraft.
(3) Apparel.
(4) Automobiles, trucks, trailers.
(5) Beverages, nonalcoholic.
(6) Boats, less than 200 feet in length.
(7) Bottling works.
(8) Brushes and brooms.
(9) Cameras or other photographic equipment.
(10) Carpets.
(11) Canvas or like products.
(12) Ceramic products.
(13) Chemicals, compounding or packaging.
(14) Cosmetics.
(15) Electrical appliances and equipment, excluding machinery.
(16) Food products.
(17) Glass products.
(18) Hosiery.
(19) Ice.
(20) Ink.
(21) Jute and hemp products.
(22) Laboratories, research, experimental and test.
(23) Leather products and luggage.
(24) Business machines.
(25) Miscellaneous machines.
(26) Machine tools.
(27) Mattresses.
(28) Metal finishing.
(29) Metal stamping.
(30) Musical instruments.
(31) Novelty products.
(32) Optical equipment, clocks, instruments.
(33) Orthopedic and medical appliances.
(34) Paper products.
(35) Pharmaceutical products.
(36) Plastic products.
(37) Printing and publishing.
(38) Rubber products.
(39) Soap packaging.
(40) Sporting and athletic equipment.
(41) Steel fabrication.
(42) Textiles.
(43) Tobacco products.
(44) Tools and hardware products.
(45) Toys.
(46) Upholstering.
(47) Vehicles for children.
(48) Venetian blinds and similar products.
(49) Wood products.
(c) Miscellaneous uses:
(1) Agriculture, including greenhouses, nurseries or truck gardens.
(2) Public transit and utility facilities.
(3) Railroad facilities, excluding passenger stations.
(4) Truck terminals.
(5) Warehousing.
(6) Waterfront shipping.
(d) Accessory uses: Any applicant for a special permit for any of the above uses shall have the burden of demonstrating to the satisfaction of the Planning Commission that provision will be made to adequately reduce or minimize the noxious, offensive, dangerous or hazardous feature or features thereof, as the case may be. Uses of the same general character, not specifically named, will be permitted when authorized as a special exception.
(Ord. 81(66-67). Passed 12-15-66.)
(e) Prohibited Uses. Residential use is expressly prohibited.
(Ord. 280(00-01). Passed 12-6-01.)
1129.03 HEIGHT REGULATIONS.
The maximum height of buildings and other structures erected or enlarged in any "M-1" District shall be seventy feet, except when authorized by variance by the Planning Commission.
(Ord. 280(00-01). Passed 12-6-01.)
(Ord. 280(00-01). Passed 12-6-01.)
1129.04 AREA, WIDTH AND YARD REGULATIONS.
(a) Minimum Lot Area and Width. A lot area of not less than 8,000 square feet, and a lot width of not less than seventy feet at the building line shall be provided for every building or other structure erected or used for any use permitted in any “M-1" District.
(Ord. 81(66-67). Passed 12-15-66.)
(b) Front Yards. There shall be a front yard on each lot which shall be not less that twenty-five feet in depth, with twenty-five percent (25%) of that area to be landscaped and maintained as green space.
(c) Side Yards.
(1) On each interior lot there shall be two side yards having an aggregate width of not less that fifteen feet, except as provided in subsection (f) hereof.
(2) On each corner lot there shall be two side yards, the side yard abutting the street having a width of not less than twenty-five feet and a side yard not abutting the street having a width of not less than fifteen feet, except as provided in subsection (f) hereof.
(Ord. 280(00-01). Passed 12-6-01.)
(d) Rear Yard. There shall be a rear yard on each lot, the depth of which shall be not less than twenty feet, except as provided in subsection (f) hereof.
(e) Building Coverage. Not more than fifty percent of the area of any lot shall be occupied by buildings.
(f) Lots Abutting Residential Districts. Unless authorized as a special exception, in no case shall any building or structure be erected closer than fifty feet to any residential district nor shall any parking area be closer than twelve feet to any residential district.
(Ord. 81(66-67). Passed 12-15-66.)
1129.05 LANDSCAPING AND SCREENING.
All areas delimited by the front lot line and a depth of twenty-five feet therefrom for the entire length thereof and all areas delimited by any lot line abutting a residential district and a depth of twelve feet for the entire length thereof, shall be maintained as green areas and planted in grass, shrubs or trees, except for necessary ways of access therethrough.
(Ord. 81(66-67). Passed 12-15-66.)
1129.06 OFF-STREET PARKING.
Any provisions of Section 1103.07 to the contrary notwithstanding, no parking area shall be permitted closer than twelve feet to the lot line of any residential district.
(Ord. 280(00-01). Passed 12-6-01.)
1131.01 APPLICATION.
In "M-2" Hazardous General Manufacturing Districts, the regulations set forth in this chapter apply.
(Ord. 81(66-67). Passed 12-15-66.)
(Ord. 81(66-67). Passed 12-15-66.)
1131.02 USE REGULATIONS.
In any "M-2" General Hazardous Manufacturing District a building or other structure may be erected, altered or used and a lot may be occupied or used only for the following purposes, but only upon receiving a special permit from the Planning Commission, provided, however, that no such permit shall be required for the modification, extension or alteration of an existing use pursuant to the terms of a previously issued special permit unless otherwise required under the terms of Part Eleven - Planning and Zoning Code.
(Ord. 14(88-89). Passed 3-3-88.)
(a) Manufacturing establishments:
(1) Asphalt or asphalt products.
(2) Beverages, alcoholic, or breweries.
(3) Brick, tile or clay.
(4) Cement.
(5) Charcoal, lampblack or fuel briquettes.
(6) Chemical products.
(7) Coal, coke or tar products.
(8) Excelsior or packing materials.
(9) Fertilizers.
(10) Foundaries.
(11) Gelatin, glue or size.
(12) Glass products.
(13) Grain milling or processing.
(14) Gypsum.
(15) Film, photographic.
(16) Incineration or reduction of garbage, offal or dead animals.
(17) Insecticides or related industrial or household chemical compounds.
(18) Leather or fur tanning, curing, finishing or dyeing.
(19) Machinery, heavy and electrical.
(20) Matches.
(21) Meat or fish products, including slaughter and preparation thereof.
(22) Metal or metal ores.
(23) Metal alloys or foil.
(24) Metal or metal products.
(25) Metal casting or foundary products.
(26) Monument works.
(27) Paint, varnishes or turpentine.
(28) Petroleum or petroleum products, refining.
(29) Plastic, raw.
(30) Porcelain products .
(31) Railroad equipment.
(32) Rubber, natural or synthetic products.
(33) Sewage disposal plants.
(34) Soaps or detergents, including fat rendering.
(35) Steel, structural products.
(36) Solvent extracting.
(37) Stockyards or slaughter of animals.
(38) Stone processing or stone products.
(39) Sugar refining.
(40) Wood or bone distillation.
(41) Wood or lumber processing.
(42) Wood pulp or fiber reduction or processing.
(43) Wool scouring or pulling.
(b) Storage or miscellaneous uses:
(1) Coal or gas storage.
(2) Landfills and automobile junk yards.
(3) Electric power or steam generating plants.
(4) Explosive storage, when not prohibited by other ordinances.
(5) Gas manufacturing plants.
(6) Grain storage.
(7) Junk or salvage yards, provided they are enclosed by an opaque fence at least twelve feet in height.
(8) Lumber yards.
(9) Manure, peat or topsoil storage.
(10) Refrigerating plants.
(11) Scrap metal, paper or rag storage.
(12) Any other legal use to which property may be put, except for residence purposes.
(c) Accessory uses: Any applicant for a special permit for any of the above uses shall have the burden of demonstrating to the satisfaction of the Planning Commission that reasonable provision will be made to reduce or minimize the noxious, offensive, dangerous or hazardous feature or features thereof, as the case may be.
(Ord. 81(66-67). Passed 12-15-66.)
(Ord. 81(66-67). Passed 12-15-66.)
1131.03 HEIGHT REGULATIONS.
The maximum height of buildings and other structures erected or enlarged in any "M- 2"District shall be seventy feet, except when authorized by variance by the Planning Commission.
(Ord. 280(00-01). Passed 12-6-01.)
(Ord. 280(00-01). Passed 12-6-01.)
1131.04 AREA, WIDTH AND YARD REGULATIONS.
(a) Minimum Lot Area and Width. A lot area of not less than 14,000 square feet and a lot width of not less than seventy feet at the building line shall be provided for every building or other structure erected or used for any use permitted in any “M-2" District.
(Ord. 81(66-67). Passed 12-15-66.)
(b) Front Yard. There shall be a front yard on each lot which shall be not less than twenty-five feet in depth, with twenty-five percent (25%) of that area to be landscaped and maintained as green space.
(c) Side Yards.
(1) On each interior lot there shall be two side yards having an aggregate width of not less than fifteen feet, except as provided in subsection (f) hereof.
(2) On each corner lot there shall be two side yards, the side yard abutting the street having a width of not less than twenty-five feet and the side yard not abutting the street having a width of not less than fifteen feet, except as provided in subsection (f) hereof.
(d) Rear Yard. There shall be a rear yard on each lot the depth of which shall be not less than twenty feet, except as provided in subsection (f) hereof.
(e) Building Coverage. Not more than fifty percent (50%)of the area of any lot shall be occupied by buildings. (Ord. 280(00-01). Passed 12-6-01.)
(f) Lots Abutting Residential Districts. Unless authorized as a special exception, in no case shall any building or structure be erected closer than 100 feet to any residential district nor shall any parking area be closer than twelve feet to any residential district.
(Ord. 81(66-67). Passed 12-15-66.)
1131.05 LANDSCAPING AND SCREENING.
All areas delimited by the front lot line and a depth of twenty-five feet therefrom for the entire length thereof, and all areas delimited by any lot line abutting a residential district and a depth of twelve feet for the entire length thereof shall be maintained as green areas and planted in grass, shrubs or trees, except for necessary ways of access therethrough.
(Ord. 81(66-67). Passed 12-15-66.)
1131.06 OFF-STREET PARKING.
Any provisions of Section 1103.07 to the contrary notwithstanding, no parking area shall be permitted closer than twelve feet to the lot line of any residential district.
(Ord. 280(00-01). Passed 12-6-01.)
1133.01 APPLICATION.
In “M-3" Industrial Park Manufacturing Districts, the regulations set forth in this chapter apply.
(Ord. 5(68-69). Passed 3-7-68; Ord. 280(00-01). Passed 12-6-01.)
1133.02 USE REGULATIONS.
In any “M-3" Industrial Park Manufacturing District a building or other structure may be erected, altered or used and a lot may be occupied or used only for the following purposes, but only upon receiving a special permit from the Planning Commission, provided, however, that no such permit shall be required for the modification, extension or alteration of an existing use pursuant to the terms of a previously issued special permit unless otherwise required under the terms of Part Eleven - Planning and Zoning Code. (Ord. 95(86-87). Passed 8-21-86.)
(a) All property shall be used only for industrial, manufacturing, warehousing or distribution purposes, excepting only such land as may be expressly delineated as a service area for the District.
(b) The retail sale of any merchandise or service is prohibited, excepting retail sales of products manufactured on the premises.
(c) The retail sale of food, beverages and other convenience items to the occupants’ employees is permitted as long as these items are not offered for sale to the general public.
(d) Use for residential purposes is expressly prohibited.
(e) Accessory Uses: Any applicant for a special permit for any of the above uses shall have the burden of demonstrating to the satisfaction of the Commission that provision will be made to reduce or minimize smoke, dust, noise, glare, odors, fumes, vibrations or other noxious, offensive, dangerous or hazardous feature or features, as the case may be.
(Ord. 5(68-69). Passed 3-7-68; Ord. 280(00-01). Passed 12-6-01.)
1133.03 HEIGHT REGULATIONS.
The maximum height of buildings and other structures erected or enlarged in any "M-3" District shall be seventy feet, except when authorized by variance by the Planning Commission.
(Ord. 280(00-01). Passed 12-6-01.)
(Ord. 280(00-01). Passed 12-6-01.)
1133.04 YARD REGULATIONS.
(a) Front Yard. There shall be a front yard on each lot abutting any street which shall be not less than twenty-five feet in depth, with twenty-five percent (25%) of that area landscaped and maintained as green space.
(b) Side Yards.
(1) On each interior lot there shall be two side yards, each having a width of not less than fifteen feet, except as provided in subsection (e) hereof.
(2) On each corner lot there shall be two side yards, the side yard abutting the street having a width of not less than twenty-five feet and the side yard not abutting the street having a width of not less than fifteen feet, except as provided in subsection (e) hereof.
(c) Rear Yard. There shall be a rear yard on each lot the depth of which shall not be less than twenty feet, except as provided in subsection (e) hereof.
(Ord. 280(00-01). Passed 12-6-01.)
(d) Building Coverage. Not more than fifty percent of the area of any lot shall be occupied by buildings.
(e) Lots Abutting Residential Districts. Unless authorized as a special exception, in no case shall any building or structure be erected closer than fifty feet to any residential district nor shall any parking area be closer than twelve feet to any residential district.
(Ord. 5(68-69). Passed 3-7-68.)
1133.05 OFF-STREET PARKING.
Any provisions of Section 1103.07 to the contrary notwithstanding, no parking area shall be permitted closer than twelve feet to the lot line of any residential district.
(Ord. 280(00-01). Passed 12-6-01.)
1133.06 LOADING FACILITIES.
(EDITOR’S NOTE: This section was repealed by Ordinance 30(90-91), passed March 15, 1990.)
1133.07 OUTSIDE STORAGE.
Outside storage is permitted only where necessary to temporarily store finished or semifinished products or other materials. The rear yard shall be used for such storage, and the storage area shall be screened by a fence at least six feet in height.
(Ord. 5(68-69). Passed 3-7-68.)
1134.01 INTENDED PURPOSES AND OBJECTIVES.
(a) The (H-M) Hospital-Medical District is specifically designed for the areas encompassed by Marietta Memorial Hospital, Selby Hospital, Wayne Street Campus and surrounding properties. The purpose of the Hospital-Medical District is to provide an area for medical uses, professional offices and professional services within close proximity to one another.
(b) In a (H-M) Hospital-Medical District the regulations set forth in this chapter apply.
(Ord. 141(12-13). Passed 10-3-12.)
1134.02 AREA OF DISTRICT.
Each area of Hospital-Medical District shall meet the following minmum size:
(a) Minimum District Area (Acres) 1.0 Acre.
(Ord. 141(12-13). Passed 10-3-12.)
1134.03 PERMITTED USES.
A building or structure may be erected, altered or used, and a lot may be used or occupied only for the following purposes in the (H-M) Hospital-Medical District:
(a) Hospitals.
(b) Medical/Professional Services.
(c) Medical/Dental Laboratory.
(d) Medical/Dental Professional Offices.
(e) Medical Support Services.
(f) Walkways, enclosed, covered or uncovered, and spans connecting buildings over public streets.
(g) Green Space.
(h) Service Roads.
(i) Off-Street Parking Areas.
(j) Parking Garages.
(k) Community Centers.
(l) Service Buildings.
(m) Recreation and Sport Facilities.
(n) Public Service Facilities/Clinics.
(o) Public Parks, Playgrounds or Playing Fields.
(p) Schools.
(q) Public Health Departments.
(r) Helipads.
(s) Utility Lines.
(t) Pharmacy/Optical Shop.
(u) Assisted Living Homes or Residences.
(v) Convalescent Facilities.
(w) Any use of the same general character as any of the above permitted uses when authorized as a special exception by the Planning Commission.
(Ord. 141(12-13). Passed 10-3-12.)
1134.04 ACCESSORY USES.
Accessory uses and structures shall be permitted in the (H-M) Hospital-Medical District provided they are incidental to and do not substantially alter the character of the permitted principal use of the structure. Such permitted accessory uses and structures include, but are not limited to, the following:
(a) Accessory buildings such as garages, carports, equipment storage buildings and supply storage buildings which are customarily used in conjunction with and incidental to a principal use or structure permitted in the (H-M) Hospital-Medical District.
(b) Storage of materials used for the construction of a building, including a contractor’s temporary office, provided that such use be located on the building site or immediately adjacent thereto, and provided further that such use shall be permitted only during the construction period and thirty (30) days thereafter.
(Ord. 141(12-13). Passed 10-3-12.)
1134.05 MINIMUM LOT STANDARDS.
The provisions of this section shall not be applicable to platted lots of record as of January 1, 1987. Newly platted lots shall have a minimum lot area of one-half (.50) acre and a lot width of not less than seventy (70) feet at the building line shall be provided for every building or structure erected or used for any use permitted in any (H-M) Hospital-Medical District. Corner lots shall meet the minimum frontage and width requirements along both streets. (Ord. 141(12- 13). Passed 10-3-12.)
1134.06 YARD REQUIREMENTS.
The following minimum yard requirements shall apply in the (H-M) Hospital-Medical District, except that the minimum front, rear, and side yards listed below shall be increased by one (1) foot for each foot in height a structure extends above thirty (30) feet.
(a) Front and Street Yards. Each lot or parcel within the (H-M) Hospital-Medical District shall have a minimum building setback of thirty (30) feet from any front property line and/or any property line abutting a public street.
(b) Side Yard. Except as provided otherwise in this chapter, each lot or parcel in the (H-M) Hospital-Medical District shall have a minimum building setback of ten (10) feet from a side property line, except for hospitals which shall have a minimum setback of twenty (20) feet.
(c) Rear Yard. Except as provided otherwise in this chapter, each lot or parcel in the (H-M) Hospital-Medical District shall have a minimum building setback of thirty (30) feet from a rear property line.
(d) Yard Abutting Residential Lots. Where property in the (H-M) Hospital-Medical District abuts a residential lot, the minimum building setback shall be twenty (20) feet on the abutting side.
(e) Accessory Building. An accessory building or structure shall meet all of the setback requirements of a principal structure. An accessory building or structure that does not require a building permit, according to the Ohio Building Code, may be located in a side or rear setback area only if all of the following conditions are met:
(1) The accessory building or structure is not within a front or street yard setback and is located more than ten (10) feet from any main building on the same or adjacent property;
(2) The accessory building or structure has no openings on the side which is contiguous with the property line, and the walls of said building which are adjacent to the property line have a fire retardant rating as specified by the Ohio Building Code; and
(3) The accessory building or structure is designed such that all roof drainage is discharged onto the lot or parcel on which it is erected.
(Ord. 141(12-13). Passed 10-3-12.)
1134.07 PROJECTIONS INTO YARDS.
(a) The following structures may be erected on or project into any required yard, except that they shall not obstruct a required driveway or pedestrian access:
(1) A fence or wall in conformance with this Title.
(2) Landscape elements, including trees, shrubs and other plants.
(3) Necessary appurtenances for utility service as long as they are attached to a permitted structure and do not protrude more than two (2) feet into a required setback.
(b) The structures listed below may project into a minimum front or rear yard not more than four (4) feet, and into a minimum side yard not more than two (2) feet, except that they may not obstruct a required driveway or pedestrian access:
(1) Cornices, eaves, belt courses, sills, buttresses, or other similar architectural features.
(2) Stairways, balconies, door stoops, fire escapes, awnings.
(3) Planter boxes or masonry planters not exceeding twenty-four (24) inches in height.
(4) A covered entry or porch used for the protection of pedestrians entering or leaving a building, provided said structure is not more than one story in height and is entirely open on at least three (3) sides.
(Ord. 141(12-13). Passed 10-3-12.)
1134.08 BUILDING HEIGHT.
No hospital building or structure in the (H-M) Hospital-Medical District shall exceed eight (8) stories or one hundred twenty (120) feet in height as measured at the average grade. No other building or accessory structure in the (H-M) Hospital-Medical District shall exceed eight (8) stories or one hundred twenty feet (120') in height as measured at the average grade. Chimneys, flagpoles, church towers, and similar accessory elements not used for human occupancy are excluded in determining height. (Ord. 141(12-13). Passed 10-3-12.)
1134.09 DISTANCE BETWEEN BUILDINGS.
The minimum separation between structures shall be ten (10) feet or as required by the Ohio Building Code, whichever is greater.
(Ord. 141(12-13). Passed 10-3-12.)
1134.10 LANDSCAPING AND PERMISSIBLE LOT COVERAGE.
The following landscaping provisions shall apply in the (H-M) Hospital-Medical District in addition to other requirements of this chapter:
(a) All landscaping shall be sprinkled and planted with substantial live plant material for the purpose of buffering, screening, and beautifying the site. At plant maturity, the landscaping should represent, as a minimum standard, compatibility with surrounding developed properties and uses and must be permanently maintained by the owner or occupants.
(b) A minimum ten (10) feet wide landscape buffer shall be required along all frontage area not occupied by drive accesses.
(c) A minimum ten (10) feet wide landscape buffer shall be established adjacent to any residential property.
(d) Parking, loading and drive areas shall have a minimum five (5) feet wide landscape buffer when located adjacent to a side or rear property line, except as required for buffering between residential uses.
(e) Parking areas shall be landscaped as set forth in this chapter.
(f) Approved landscaping shall cover a minimum of ten (10) percent of the development site exclusive of any parkstrips in the public right of way.
(g) Landscaping shall be installed in all parkstrips to the same standards as other on- site landscaping. Asphalt, concrete, bricks, pavers, railroad ties, rocks, gravel and other non-vegetative material is not allowed in the parkstrip area between the curb and sidewalk.
(h) Areas not in landscaping shall consist of uses permitted in this District.
(i) No more than eighty-five percent (85%) of any lot may be covered by a building.
(Ord. 141(12-13). Passed 10-3-12.)
(Ord. 141(12-13). Passed 10-3-12.)
1134.11 PARKING, LOADING AND ACCESS.
Each lot or parcel in the (H-M) Hospital-Medical District shall have vehicle parking, loading and access designed to meet the requirements of this chapter.
(Ord. 141(12-13). Passed 10-3-12.)
1134.12 OTHER REQUIREMENTS.
(a) Signs. All signs erected in the (H-M) Hospital-Medical District shall be in conformance with the sign provisions of this chapter.
(b) Trash Storage. No trash, used materials, wrecked or abandoned vehicles, or equipment shall be stored in an open area. Each development in the (H-M) Hospital-Medical District shall be required to have adequate, on-site, screened refuse containers maintained in a location approved as part of the site plan. (Ord. 141(12-13). Passed 10-3-12.)
1135.01 ENFORCEMENT.
The City Engineer shall enforce the provisions of this Zoning Ordinance. He shall examine all applications for permits and issue permits for construction and uses which are in accordance with the requirements of this Zoning Ordinance, record and file all applications for permits with any accompanying plans and documents, which shall be matters of public record, and make such reports as Council shall require. Permits for construction and uses which are a special exception or variance from the requirements of this Zoning Ordinance shall be issued only under the order of the Planning Commission.
(Ord. 81 (66-67). Passed 12-15-66; Ord. 280(00-01). Passed 12-6-01.)
1135.02 BUILDING PERMIT APPLICATIONS.
There shall, in addition to other requirements, be included with all applications for building permits such other plans, documents and information as may be reasonably necessary to enable the City Engineer to ascertain compliance with this Zoning Ordinance and other pertinent ordinances. However, no building permit shall be issued until the applicant demonstrates to the City Engineer by documentary proof to be supplied by the Marietta City Department of Income Taxation that the applicant has provided that Department with the information required to be given under Chapter 181 of the Codified Ordinances.
(Ord. 189 (74-75). Passed 11-20-75; Ord. 280(00-01). Passed 12-6-01.)
1135.03 ISSUANCE OF BUILDING PERMITS.
No building permit shall be issued until the City Engineer has certified that the proposed building, structure or alteration complies with the provisions of this Zoning Ordinance and other applicable ordinances. Upon completion of the erection, addition to or alteration of any building, structure or portion thereof authorized by any building permit obtained in compliance with this Zoning Ordinance, and prior to use or occupancy, the holder of such permit shall notify the City Engineer of such completion.
(Ord. 81 (66-67). Passed 12-15-66; Ord. 280(00-01). Passed 12-6-01.)
1135.04 USE AND OCCUPANCY PERMITS REQUIRED.
In addition to the requirements of any other ordinance, a use and occupancy permit shall be required prior to any of the following:
(a) Use and occupancy of any building or other structure hereinafter erected or altered; except the erection or alteration of television receiving towers and amateur radio receiving and transmitting towers, not exceeding fifty feet in height measured from ground level;
(b) Change in use of any building or structure;
(c) Use of land or change in the use thereof; except that the placing of vacant land under cultivation shall not require a use and occupancy permit;
(d) Change in use or extension of a nonconforming use; or
(e) Change of ownership of any land or building.
No person shall use or occupy any building or other structure or land until any required use and occupancy permit has been duly issued. Use and occupancy permits issued to commercial or industrial enterprises shall be posted on the premises for which they were issued and shall be available for inspection upon demand.
(Ord. 27 (92-93). Passed 4-16-92; Ord. 280(00-01). Passed 12-6-01.)
1135.05 APPLICATION FOR USE AND OCCUPANCY PERMITS.
All applications for use and occupancy permits shall be made in writing on forms furnished by the City and shall include all information reasonably necessary to enable the City Engineer to ascertain compliance with this Zoning Ordinance.
(Ord. 81 (66-67). Passed 12-15-66; Ord. 280(00-01). Passed 12-6-01.)
1135.06 INSPECTION CERTIFICATION; TEMPORARY PERMIT.
No use and occupancy permit shall be issued until the City Engineer has certified that the premises have been inspected and that the proposed use complies with all of the provisions of this Zoning Ordinance. Pending completion of a building or alterations thereto, a temporary use and occupancy permit may be issued by the City Engineer for a temporary occupancy of a part of or all of the building, provided that such temporary occupancy would not tend in any way to jeopardize life or property.
(Ord. 81 (66-67). Passed 12-15-66; Ord. 280(00-01). Passed 12-6-01.)
1135.07 ISSUANCE OR REFUSAL OF PERMITS.
If the City Engineer determines that an application for a building or use and occupancy permit is in compliance with the provisions of this Zoning Ordinance, he shall issue the appropriate permit; if he determines that the application is not in compliance with the provisions of this Zoning Ordinance it shall be his duty to refuse the permit, in which case he shall instruct the applicant in the method of appeal of the application to the Planning Commission.
(Ord. 81 (66-67). Passed 12-15-66; Ord. 280(00-01). Passed 12-6-01.)
1135.08 ZONING PERMIT REQUIRED.
(a) Every person, firm or corporation proposing to construct and/or erect any new residential, commercial or industrial building and/or structure, or proposing to construct and/or erect an addition to any existing residential, commercial or industrial building and/or structure, or proposing to renovate and/or alter any existing residential, commercial or industrial building and/or structure in the City shall first secure a permit from the Engineering Department.
(b) The term “residential”, as used in this section shall mean any residential building with one or more dwelling units. The terms “commercial” and “industrial” as used in this section shall mean any nonresidential building and/or structure.
(Ord. 232(16-17). Passed 4-6-17.)
1135.09 ZONING PERMIT APPLICATIONS.
There shall, in addition to other requirements, be included with all applications for zoning permit such other plans, documents and information as may be reasonably necessary to enable the City Engineer to ascertain compliance with this Zoning Ordinance and other pertinent ordinances. However, no zoning permit shall be issued until the applicant demonstrates to the City Engineer by documentary proof to be supplied by the Marietta City Income Tax Department that the applicant has provided that Department with the information required to be given under Chapter 181 of the Codified Ordinances.
(Ord. 211 (98-99). Passed 6-17-99; Ord. 280(00-01). Passed 12-6-01.)
1135.10 ISSUANCE OF ZONING PERMITS.
No zoning permit shall be issued until the City Engineer has certified that the proposed building, structure or alteration complies with the provisions of this Zoning Ordinance and other applicable ordinances. Upon completion of the erection, addition to or alteration of any building, structure or portion thereof authorized by any zoning permit obtained in compliance with this Zoning Ordinance, and prior to such use or occupancy, the holder of such permit shall notify the City Engineer of such completion.
(Ord. 211 (98-99). Passed 6-17-99; Ord. 280(00-01). Passed 12-6-01.)
1135.11 ZONING PERMIT FEES.
(a) Each application for the issuance of a permit for the erection, construction, enlargement, alteration and/or renovation of any residential, commercial or industrial building and/or structure shall be as follows:
Residential | Commercial | ||
New Construction, Enlargement and Alteration of Existing | Single Structure | $60.00 | $100.00 |
Multiple Structures | $120.00 | $200.00 | |
Storage Shed (less than 200 Sq. Ft.), Mobile Homes and Swimming Pools | Single Structure | $60.00 | $100.00 |
Multiple Structures | $120.00 | $200.00 | |
Satellite Dishes, Antennas & Signs | $60.00 | $100.00 | |
Variance Application | $250.00 | $250.00 | |
Use and Occupancy | $25.00 | $25.00 | |
Variance Certificate | $25.00 | $25.00 | |
Non-Compliance | $100.00 | $200.00 | |
(Ord. 233(16-17). Passed 3-16-17.)
1135.12 ISSUANCE OF REFUSAL OF ZONING PERMITS.
If the City Engineer determines that an application for a zoning permit is in compliance with the provisions of this Zoning Ordinance, he shall issue the appropriate permit; if he determines that the application is not in compliance with the provisions of this Zoning Ordinance it shall be his duty to refuse the permit, in which case he shall instruct the applicant in the method of appeal of the application to the Planning Commission.
(Ord. 211 (98-99). Passed 6-17-99; Ord. 280(00-01). Passed 12-6-01.)
1136.01 APPLICATION OF CHAPTER.
The regulations set forth in this chapter or set forth elsewhere in the Zoning Code, when referred to in this chapter, shall be the Telecommunications Antenna, Tower and Site Regulations.
(Ord. 331(16-17). Passed 12-21-17.)
1136.02 DEFINITIONS.
As used in this chapter, the following terms shall have the meanings indicated:
(a) ALTERNATIVE TOWER STRUCTURE. Man-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.
(b) ANTENNA. Any exterior apparatus designed for telephone, radio, television communications and any other electronic communicating devices or services through the sending and/or receiving of electro-magnetic waves.
(c) APPLICANT. The person applying for a permit to place or operate a cellular or wireless communication antenna, cellular or wireless communication tower, or cellular or wireless communication site in the city.
(d) CLEAR AND CONVINCING EVIDENCE. The measure of proof which will produce a firm belief as to the allegation sought to be established.
(e) CO-LOCATION. The process of providing space for more than one user within a facility and/or on a tower.
(f) EQUIPMENT BUILDING. The structure located on a tower site which houses the electronic receiving and relay equipment for a Wireless Telecommunications Facility.
(g) EXISTING STRUCTURE. Any building or other structure other than a tower which can be used for location of wireless telecommunications facilities.
(h) FEDERAL COMMUNICATIONS COMMISSION (FCC). The Federal government agency with the oversight of all aspects of communications including Broadcast, Radio, Broadcast TV, Television, Wireless, Telephone, Cellular, Radio, Public Safety and Cable TV.
(i) HEIGHT. Referring to a tower or other structure, the distance measured from ground level to the highest point on the tower or other structure even if said highest point is an antenna.
(j) MICRO ANTENNAS. Any cellular or wireless communication antennas which consist solely of the antenna and which do not have any supporting structures other than brackets including micro cells. Micro antennas shall be equal or less than five feet in height and with an area of not more than 580 square inches.
(k) MUNICIPAL OWNED PROPERTY. Property which is owned solely by the City of Marietta.
(l) PERSON. Any business entity, person, individual, or telecommunications company or operator.
(m) RIGHT-OF-WAY. The surface of the space above and below any public street, sidewalk, road, alley or highway including under or along bridges or viaducts or any other public right-of-way of any type whatsoever within the City.
(n) SCREENING. The solid wood fence or barrier and continuous evergreen hedge which is required herein this chapter. Tower owners/operators are responsible for installation and maintenance of said screening.
(o) TELECOMMUNICATION EQUIPMENT. Antennas, satellite dishes, and other communication devices and/or equipment which are used for transmitting, receiving, or relaying communications signals, except as such equipment has been preempted from regulation by the Telecommunication Act of 1996, or any subsequent amendment to or replacement of the Telecommunication Act of 1996.
(p) TOWER. Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, and alternative tower structures. The term shall exclude hobby-related communications facilities located in residential districts (i.e. Ham radio towers).
(q) WIRELESS TELECOMMUNICATIONS FACILITIES. Any cables, wires, lines, wave guides, antennas and any other equipment or facilities associated with the transmission or reception of communications as authorized by the FCC which an applicant seeks to locate or has installed upon a tower or existing structure.
(Ord. 331(16-17). Passed 12-21-17.)
(Ord. 331(16-17). Passed 12-21-17.)
1136.03 APPLICATION PROCEDURE.
Any person wishing to place a cellular or wireless communications antenna or tower within the City, must attend an application conference with the Mayor, Safety Service Director, or their assignees. At this conference, the applicant must submit:
(a) Plot plan which shows all structures and identifies land usage within 500 feet of the security fence around the telecommunication tower.
(b) A written report (2 copies) including a description of the tower proposed with technical reasons supports its design in relation to its proposed site.
(c) Documentation establishing the structural integrity for the towers proposed use.
(d) General capacity of the proposed tower designed and the information necessary to assure that American National Standards Institute (ANSI) standards are met.
(e) A statement of intent whether excess space will be leased to other telecommunication providers with notification of each lease to the Safety Service Director.
(f) Proof of ownership of the proposed site or authorization to utilize it.
(g) Application fee of $250 payable to the City of Marietta, Ohio Treasurer.
(h) Copies of any easements necessary.
(i) The ground network, if any, served by the tower.
(j) Copies of all certified mail announcements to other tower users must be attached to the application.
(k) Type, size and location of any easement for buildings to be used by the tower for which the application is being submitted.
(l) All structures shall be designed to meet or exceed the standards established by the Ohio Basic Building Code and the Ohio Board of Building Standards.
(m) Plans must be sealed by a professional engineer registered in the State of Ohio.
(n) A copy of the certificate of plan approval issued by the Ohio Department of Commerce, Division of Industrial Compliance.
(Ord. 331(16-17). Passed 12-21-17.)
1136.04 USE REGULATIONS.
The following use regulations shall apply to cellular or wireless communication antennas and towers;
(a) A cellular or wireless communications site may be permitted in business or industrial zoning districts only subject to the requirement set forth therein.
(b) Cellular or wireless communication sites in a business or industrial zoning district shall not be located any closer to any residential area than as follows:
Shall not be located any closer than 300 feet to any residential area. Any persons locating an antenna on City facilities shall be exempt from this requirement.
(c) A cellular or wireless communications antenna may be mounted to an existing structure, such as a communications tower (whether said tower is for cellular or wireless purposes or not), smoke stack, water towers or other tall structures in business or industrial zoning districts if a permit has been granted. Cellular or wireless communication antenna placed on the top of buildings must be less than 35 feet in height.
(d) Micro antennas not exceeding 35 feet in height may be placed on any building in a business or industrial zoning district. A micro antenna may be attached to any existing building located in an area described in the preceding sentence, and shall not be subject to the setback requirement of other cellular or wireless communication towers provided it is placed on the roof of an existing building.
(e) All other uses accessory to the cellular or wireless communication antennas and towers including, but not limited to business office, maintenance depots, and materials and vehicle storage, are prohibited from the site unless otherwise permitted in the zoning district in which the cellular or Wireless communications antenna and/or tower is located.
(Ord. 331(16-17). Passed 12-21-17.)
1136.05 STANDARDS OF APPROVAL OF ALL CELLULAR OR WIRELESS COMMUNICATIONS ANTENNAS AND TOWERS.
The following standards shall apply to all cellular or wireless communications antennas and towers submitting application to the City assignees:
(a) The person shall demonstrate, using the latest technological evidence, why the antenna or tower must be placed in a proposed location in order to serve its necessary function in the company's grid system. Part of the demonstration shall include a drawing showing the boundaries of the area around the proposed location which would probably also permit the antenna to function properly in the company's grid system. The area shall be considered the allowable zone.
(b) If the person proposes to build a cellular or wireless communications tower (as opposed to mounting the antenna on an existing structure), the person is required to demonstrate that the person has contracted the owners of nearby tall structures within the zoned district, asked for permission to install the cellular communications antenna on those structures, and was denied for either non-economic reasons or that a clearly unreasonable economic demand was made by the owner, based on prevailing market values. "Tall Structures" shall include, but not be limited to: smoke stacks, water towers, buildings over 35 feet in height, antenna supporting structures or other cellular or wireless communication companies, other communication towers. The City may deny the application to construct a new cellular or wireless communication tower if the applicant has not made a good faith effort to mount the antenna on an existing structure. All antennas and towers must be designed to withstand wind speeds of at least one hundred (100) miles per hour.
(c) The applicant shall demonstrate that the antenna/tower is no higher than necessary to function satisfactorily and to accommodate the co-location requirement. No antenna that is taller than the necessary height shall be approved. Cellular or wireless towers shall be monopole construction unless it is demonstrated that another type of tower is required for safety purposes.
(d) If a new cellular or wireless tower is to be constructed in an industrial zoned district, the minimum distance between the base of the tower or any guy wire anchors and any property line which abuts a zoning district other than a residential area shall be no closer than the greater of the following:
(1) 40% of the tower height
(2) 50 feet of the property line.
(e) (1) All cellular or wireless communications towers shall be fitted with anti-climbing devices as approved by the manufactures. The person applying shall demonstrate that the proposed cellular or wireless communication tower and its antenna are safe and that the surrounding properties will not be negatively affected by tower failure, falling ice, or other debris, electromagnetic fields or radio frequency interference. However, if a specific safety issue in question is determined to be regulated by either FCC regulations or applicable Building code regulations, and the operation or construction is in compliance with such regulations, then this requirement for safety shall be deemed to have been met.
(2) If the installation and/or the operation of the cellular or wireless communication tower site is determined by City Council, upon presentation of proper and sufficient documentation; and after a public hearing, that the operation of a cellular or wireless communications tower is inherently dangerous or is a demonstrable health hazard, the cellular or wireless tower shall be declared to be a nuisance and all operation shall cease.
(f) An enclosed secured chain link fence shall be required around the cellular or wireless communication tower and its support structure(s) unless the antenna is mounted on an existing structure. The enclosed chain link fence shall be a minimum of eight feet in height and shall be painted forest green and maintained yearly for appropriate upkeep to city standards evaluated by City Safety Service Director at the time of the annual City Regulations submittal.
(g) Landscaping in compliance with a plan approval by the City Safety Service Director shall be provided to screen as much of the support structure and ground level features as possible and such landscaping shall be maintained and is subject to annual review during the Annual Registration Process, January I of each year. In addition, existing vegetation (such as trees and bushes) on and around the site shall be preserved to the greatest extent possible.
(Ord. 331(16-17). Passed 12-21-17.)
1136.06 CO-LOCATION OF CELLULAR AND WIRELESS COMMUNICATION TOWERS.
(a) In order to reduce the number of antenna support structures needed in the City in the future, the owner of an existing cellular or wireless communications tower shall not unreasonably deny a request to accommodate other uses, including other cellular or wireless communication companies, and the antenna of local police, fire and EMS department needs. The owner of the existing cellular or wireless communications tower may request reasonable compensation for the use of the tower.
(b) For the purpose of encouraging co-location of cellular and wireless antenna and other uses, cellular or wireless communication towers shall be designed, engineered, and constructed as follows, unless waived for good cause to minimize impact on adjoining property by the Mayor and City Safety Service Director.
(1) Towers less than 75 feet tall shall be designed, engineered and constructed to handle one or more cellular or wireless communications service users;
(2) Towers more than 75 feet in height but less than 150 feet shall be designed, engineered and constructed to support antennas installed by two or more wireless communication service users; and
(3) Towers 150 feet in height or taller shall be designed, engineered and constructed to support antennas installed by three or more cellular or wireless communications service users.
(c) As used in the above three points, the term USERS shall include the antennas of police, fire and EMS departments. These governmental entities shall not be considered "users" until their respective telecommunications antennas and equipment are placed on the tower and a fee agreement for carriage has been negotiated and approved by City Council. In addition, an applicant must demonstrate that the area acquired for the use and construction of the cellular tower and accessory structures is sufficient in size to accommodate any additional structures that may be required if additional users are added to the tower.
(Ord. 331(16-17). Passed 12-21-17.)
1136.07 MAINTENANCE AND TOWER OPERATIONAL STANDARDS.
(a) The person applying to the City must demonstrate that the person is licensed by the FCC. The owner of the tower must also annually provide at the January 1 Registration process each year, a list of all users with addresses, names and phone numbers of responsible management personnel of the tower. Each user shall provide the City with a copy of each user license with the FCC. No approval will be granted to any application unless proof of current FCC license for proposed use of the tower is provided.
(b) Adequate parking shall be required for users of the tower such as maintenance personnel. If the site is not fully automated, the number of required parking spaces shall equal the number of employees working on the largest shift.
(c) Cellular or wireless communications towers under 200 feet in height shall be painted silver or have a galvanized finish retained in order to reduce visual impact. Any cellular or wireless communication tower shall meet all Federal Aviation Administration (FAA) regulations. No cellular or wireless communication tower may be artificially lighted except when required by the FAA. No signage is allowable on cellular or wireless communication tower or antenna or accessory buildings and structures. All utility lines serving the towers shall be underground.
(d) The owners of property used as a cellular or wireless communications site shall maintain such property and all structures in good condition and free of trash, outdoor storage, weeds and other debris. Any owner of a cellular or wireless communication tower shall be required to notify the Mayor and Safety Service City Engineer of its intent in writing within 30 days of its cessation of business, its discontinuance of service, or any transfer merger or acquisition of ownership.
(Ord. 331(16-17). Passed 12-21-17.)
1136.08 ABANDONMENT OF TOWERS, ANTENNAS AND FACILITIES.
(a) (1) Upon abandonment of towers and antennas by person providing tower, any person providing a tower shall present a report to the City Safety Service Director, or his designee, notifying them of any tower facility located in the City whose use will be discontinued for 120 days. The City Safety Service Director may then declare the facility abandoned. (This excludes any dormancy period between construction and the initial use of the facility.) Discontinued shall mean that the structure has not been properly maintained, has been abandoned, become obsolete, is unused or has ceased the daily activities or operations which has occurred. The facility's owner/operator will receive written notice from the City Law Director and City Safety Service Director, and be instructed to either reactivate the facility's use within 120 days or dismantle and remove the facility. If re-activation or dismantling does not occur, the City will remove or will contract to have removed the facility and assess the owner/operator the costs.
(2) The City must provide the person owning the tower three months' notice to be heard before the Planning Commission before initiating such action. After such notice has been provided, the City shall have the authority to initiate proceedings to either acquire the tower and any appurtenances attached thereto at the then fair market value, or in the alternative, order the demolition of the tower and all appurtenances.
(3) The City shall provide the tower owner with the right to a public hearing and shall follow the three month notice required in the above mentioned paragraph. All interested parties shall be allowed an opportunity to be heard at the public hearing.
(4) After a public hearing is held, the Planning Commission shall make its recommendation to City Council, at which time City Council, may order the acquisition or demolition of the tower. The City will require tower applicants to pay for all expenses necessary to acquire or demolish the tower.
(b) No cellular or wireless communication tower shall be constructed, replaced or altered without obtaining the applicable building permit from the City of Marietta and State of Ohio.
(Ord. 331(16-17). Passed 12-21-17.)
1136.09 CONDITIONS OF PERMIT ISSUANCE.
As used in this chapter, the person granted a permit will adhere to:
(a) The person obtaining a granted permit by the City of Marietta shall maintain public liability and property damage insurance that protects the person granted the permit and the City: naming the City as an additional insured. The City's officers and agents and employees shall also be named as an additional insured. The insurance shall provide coverage at all times of not less than one million dollars ($1,000,000) for personal injury to each person and one million dollars ($1,000,000) for each occurrence involving property damage plus costs of defense. The policy shall provide that the insurance shall not be canceled or materially altered without 30 days written notice first being given to the City Safety Service Director and City Law Director. If the insurance is canceled or materially altered within the terms of this agreement, the person granted this permit shall provide a new policy with the same terms. The person granted the permit also will agree to maintain continuous uninterrupted coverage in the amounts required for the duration of the permit held with the City.
(b) The person granted a permit shall maintain on file with the City Auditor a certificate of such insurance as enumerated in section (A) above. Failure to maintain insurance coverage or to provide proof of insurance shall constitute a violation of this chapter and grounds for revocation of a permit.
(c) A performance bond of $25,000.00 in conformity with this chapter. The applicant, facility operator, or both shall provide the Safety Service Director or his designee, upon request with proof that the bond is in force. Failure to maintain such performance bond in force or to provide proof of bonding shall constitute a violation of this chapter and grounds for revocation of a permit.
(d) In the case of a leased site, a lease agreement which shows on its face that it does not preclude the site owner from entering into leases of the site with other providers.
(e) A copy of the person and/or company who will be the applicant applying for the permit license issued by the FCC.
(f) A copy of the findings from the FAA's Aeronautical Study Determination regarding the proposed wireless communication support structure siting.
(Ord. 331(16-17). Passed 12-21-17.)
1137.01 ESTABLISHMENT AND MEMBERSHIP.
By authority of Ohio R.C. 713.01, there is hereby established a Planning Commission, in and for the City, to consist of five members, as authorized by Ohio R.C. 713.01.
(Ord. 81(66-67). Passed 12-15-66; Ord. 280(00-01). Passed 12-6-01.)
1137.02 POWERS.
The Planning Commission shall have the following powers, in addition to those prescribed by the Ohio Revised Code.
(a) Appeals. To hear and decide appeals where it is alleged there is error in any order requirement, decision or determination made by the City Engineer in the enforcement of this Zoning Ordinance, including but not limited to the imposition of building and zoning penalties levied by him.
(Ord. 280(00-01). Passed 12-6-01.)
(b) Special Exceptions. To authorize, upon application, special exceptions to the terms of this Zoning Ordinance in such cases as are herein expressly provided for, in harmony with the general purpose and intent of this Zoning Ordinance, and the provisions thereof. Wherever in this Zoning Ordinance the specific conditions and safeguards are prescribed for the granting of special exceptions, the Planning Commission shall have the power to impose such additional conditions and safeguards as may be appropriate.
(c) Variances.
(1) To authorize upon appeal, in specific cases, such variances from the terms of this Zoning Ordinance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this Zoning Ordinance will result in unnecessary hardship solely through the manner of operation of this Zoning Ordinance upon the particular property in question, and so that the spirit of this Zoning Ordinance will be observed and substantial justice done.
A. The Planning Commission may grant temporary and conditional variances for periods not to exceed one year.
B. Without limiting the reasons for granting a variance, a variance may be granted to permit such modifications of the lot dimensions and lot area regulations, or the front, rear and side yard regulations, as may be necessary to secure appropriate improvement of a zoning lot which is of such topography or restricted area that it cannot be appropriately improved without such modifications.
(2) In granting a variance the Planning Commission may impose appropriate conditions and safeguards.
(3) In granting a variance the Planning Commission must find that the granting of the variance will not materially adversely affect the health or safety of persons residing or working in the neighborhood of the proposed use and will not be materially detrimental to the public welfare or injurious to property or improvements in such neighborhood.
(4) In exercising the abovementioned powers, the Planning Commission may reverse or affirm, wholly or partly, or may modify, the order, requirements, decision or determination appealed from, and may make such order, requirements, decision or determination as ought to be made. Notification of such decision shall forthwith be given to all parties in interest.
(5) Every such variance granted by the Planning Commission shall be accompanied by a finding of fact specifying the reasons for the granting of such variation.
(Ord. 81(66-67). Passed 12-15-66; Ord. 280(00-01). Passed 12-6-01.)
1137.03 RULES OF PROCEDURE.
The Planning Commission shall adopt rules of procedure in accordance with the several provisions of this Zoning Ordinance as to the manner of filing appeals, applications for special exceptions, and appeals for variances from the terms of this Zoning Ordinance, and as to the conduct of business of the Commission. All such rules shall be immediately filed with the City Clerk and shall be a public record.
(Ord. 81 (66-67). Passed 12-15-66; Ord. 280(00-01). Passed 12-6-01. )
1137.04 MEETINGS.
The meetings of the Planning Commission shall be held at the call of the chairman or at such times as the Commission may determine. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Commission shall be open to the public. The Commission shall keep minutes of its proceedings showing the vote of each member upon each question, or, if a member is absent or fails to vote, indicating such fact and shall keep records of its examinations and other official actions, all of which shall be immediately filed with the City Clerk and shall be a public record. The Planning Commission shall make a monthly report to Council of all special exceptions and variances granted under the terms of this Zoning Ordinance.
(Ord. 81 (66-67). Passed 12-15-66; Ord. 280(00-01). Passed 12-6-01.)
1137.05 APPEALS TO PLANNING COMMISSION.
An appeal to the Planning Commission may be taken by any person, including any officer of the City in his official capacity, aggrieved or affected by any decision of the City Engineer rendered by authority of this Zoning Ordinance. Such appeal shall be taken within a reasonable time provided by the rules of procedure of the Commission by filing with the City Engineer and with the Commission a notice of appeal specifying the grounds thereof. The City Engineer shall forthwith transmit to the Commission all papers constituting the record upon which action appealed from was taken.
(Ord. 81 (66-67). Passed 12-15-66; Ord. 280(00-01). Passed 12-6-01. )
1137.06 APPLICATION FOR SPECIAL EXCEPTION AND APPEALS FOR VARIANCES.
An application for a special exception or an appeal for a variance from the terms of the Zoning Ordinance shall be filed with the Commission and shall state:
(a) The name and address of the applicant or appellant;
(b) The name and address of the owner of the real estate subject to the proposed exception or variance;
(c) A brief description and location of the subject real estate;
(d) A statement of the present zoning classification of the subject real estate, the improvements thereon and the present use thereof;
(e) A statement of the section of this Zoning Ordinance under or from which the exception or variance requested may be authorized, and reasons why it should be granted;
(f) A reasonably accurate description of the present improvements and the additions intended to be made under the application or approval, if any, indicating the size of such proposed improvements, material, and general construction thereof. In addition, there shall be attached a plot plan and preliminary building plan of the subject real estate indicating the location and size of the lot and size of improvements now erected and proposed to be erected thereon.
(Ord. 81 (66-67). Passed 12-15-66; Ord. 280(00-01). Passed 12-6-01.)
1137.07 PUBLIC HEARINGS.
Upon the filing with the Planning Commission of an appeal, or of an application for a special exception of an appeal of variance, the Commission shall fix a reasonable time and place for a public hearing thereon, and shall give notice thereof as follows:
(a) By publishing a notice thereof once at least thirty days before the date fixed for the public hearing in a newspaper of general circulation in the City;
(b) By mailing a notice thereof to the parties in interest;
(c) By mailing or delivering notice thereof to the owner, if his residence is known, or to the occupier, of property within and contiguous to and directly across the street from the property in question;
(d) The notice herein required shall state the location of the lot or building and the general nature of the question involved.
(Ord. 81 (66-67). Passed 12-15-66; Ord. 280(00-01). Passed 12-6-01.)
1137.08 CERTIFICATES OF PLANNING COMMISSION.
It shall be the duty of the Planning Commission to issue a certificate in any case wherein a special exception or variance is granted. The Planning Commission may cancel or revoke any such certificate for any violation of this Zoning Ordinance or of conditions imposed.
(Ord. 81 (66-67). Passed 12-15-66; Ord. 280(00-01). Passed 12-6-01.)
1137.09 EXPIRATION OF SPECIAL EXCEPTIONS AND VARIANCES.
Unless otherwise specified by the Planning Commission, a Special Exception or variance shall expire if the applicant fails to obtain a building permit or use and occupancy permit, as the case may be, within six months from the date of authorization thereof, or abandons such use for a period of two years.
(Ord. 280(00-01). Passed 12-6-01.)
1138.01 INTENT.
(a) It is the intent of this chapter to provide appropriate locations and reasonable restrictions for the cultivation and transfer of marijuana allowed by the Ohio Medical Marijuana Control Program. This is a unique land use with ramifications not addressed by more traditional zoning district and home occupation regulations. Although some specific uses of marijuana are allowed by the Ohio Medical Marijuana Control Program, marijuana continues to be classified as a Schedule 1 controlled substance under Federal law making it unlawful under Federal law to use, manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense marijuana.
(b) It is the intent of this chapter to protect the health, safety, and general welfare of persons and property by limiting land uses related to marijuana to districts that are compatible with such uses. Additional regulations in this chapter are intended to provide reasonable restrictions within districts so that these uses do not compromise the health, safety, and general welfare of persons in the district, or other uses allowed in each district.
(Ord. 310(20-21). Passed 12-16-21.)
1138.02 DEFINITIONS.
The following words and phrases shall have the following definitions when used in this section.
(a) Words and phrases contained in the Ohio Medical Marijuana Control Program ("OMMCP"), HB523. This subsection contains some words and phrases that are defined in the OMMCP. As used in this section, they have the same meaning as provided in the OMMCP, except that if at any time the definition of a word or phrase set forth below conflicts with the definition in the OMMCP, then the definition in the OMMCP shall apply. These words and phrases are as follows:
(1) "Department" means the State Department of Commerce.
(2) "Marihuana" means that term as defined in Ohio R.C. Chapter 3719.
(3) "Medical marijuana" means that term as defined in Ohio R.C. 3796.01.
(4) "Primary caregiver" means a person who is at least twenty-one years old and who has agreed to assist with a patient's medical use of marijuana and who has never been convicted of a felony involving illegal drugs.
(5) "Qualifying patient" means a person who has been diagnosed by a physician as having a qualifying medical condition.
(b) Other words and phrases. The words and phrases in this subsection, as used in this section, shall have the following meanings:
(1) "Marijuana" means "marihuana" as used in the OMMCP.
(2) "Medical marijuana cultivation facility" means a building or part of a building where marijuana plants are being grown or processed in compliance with the OMMCP, other than a medical marijuana home occupation or a dwelling unit in which marijuana is being cultivated for a qualifying patient who resides in the dwelling unit as permitted under Section 790.07.
(3) "Medical marijuana dispensary" means a building or part of a building where one or more primary caregivers operate with the intent to transfer marijuana between primary caregivers and/or qualifying patients, other than a medical marijuana home occupation or a dwelling unit in which the transfer of marijuana occurs between a primary caregiver and qualifying patient who resides in the dwelling unit as permitted under Section 790.07.
(4) "Medical marijuana home occupation" means an accessory use of a nonresidential nature that is conducted by a registered primary caregiver who resides in the dwelling and (A) is performed within a single-family dwelling or within an accessory building to that single-family dwelling; (B) is for the purpose of assisting one or more registered qualifying patients with the medical use of marijuana who do not reside in the dwelling and (C) complies with the OMMCP.
(5) "Medical marijuana research and testing facility" means a building or part of a building where a qualified agency conducts research and testing as permitted by OMMCP.
(6) "Ohio Medical Marijuana Control Program and OMMCP" mean H13523 of the 131st Ohio General Assembly.
(Ord. 310(20-21). Passed 12-16-21.)
1138.03 LOCATIONS OF MEDICAL MARIJUANA DISPENSARIES AND MEDICAL MARIJUANA CULTIVATION FACILITIES.
A medical marijuana dispensary or medical marijuana cultivation facility may be located in the City of Washington County, Ohio only in accordance with the following restrictions:
(a) Medical marijuana dispensaries shall only be located in a district classified pursuant to Part Eleven Planning and Zoning Code as the following districts: C1, C2, C3, and C6.
(b) Medical marijuana cultivation facilities shall only be located in a district classified pursuant to Part Seven Planning and Zoning Code as M1 and M2.
(c) No medical marijuana dispensary or medical marijuana cultivation facility shall be located within 500 feet of a parcel on which a school, church, public library, public playground, or public park is located.
(d) No medical marijuana dispensary shall be located within 500 feet of another legally operating medical marijuana dispensary.
(Ord. 310(20-21). Passed 12-16-21.)
1138.04 MEDICAL MARIJUANA DISPENSARY AND MEDICAL MARIJUANA CULTIVATION FACILITY REGULATIONS.
(a) No one under the age of eighteen shall be allowed to enter a medical marijuana dispensary or medical marijuana cultivation facility unless accompanied by a parent or guardian.
(b) No smoking, inhalation, or consumption of marijuana shall take place on the premises.
(c) In M1 and M2 districts, retail sales of products customarily incidental to the principal use shall be allowed provided that the total amount of internal floor area of the structure devoted to sales and display of such products does not exceed ten percent of the floor area of the total establishment.
(d) Drive-in and drive through medical marijuana dispensaries shall be prohibited.
(e) All activities of a medical marijuana dispensary or medical marijuana cultivation facility shall be conducted indoors.
(f) No equipment or process shall be used in any medical marijuana dispensary or medical marijuana cultivation facility which creates noise, dust, vibration, glare, fumes, odors or electrical interference detectable to the normal senses beyond the property boundary.
(g) Medical marijuana dispensaries and medical marijuana cultivation facilities shall comply with all other regulations of the zoning district in which the medical marijuana dispensary or medical marijuana cultivation facility is located, except when they are in conflict, in which case this section shall prevail.
(h) Medical marijuana dispensaries and medical marijuana cultivation facilities shall be operated in compliance with the OMMCP.
(Ord. 310(20-21). Passed 12-16-21.)
1138.05 CULTIVATION OR OTHER MEDICAL USE OF MARIJUANA AS A MEDICAL MARIJUANA HOME OCCUPATION IN SINGLE-FAMILY DWELLINGS.
In a single-family dwelling in any zoning district, marijuana cultivation and dispensary shall not be permitted as a home based business.
(Ord. 310(20-21). Passed 12-16-21.)
1138.06 MEDICAL MARIJUANA HOME OCCUPATIONS.
Medical marijuana home occupations are not permitted in multiple-family dwellings and other non-single-family dwellings.
(Ord. 310(20-21). Passed 12-16-21.)
1138.07 LOCATION AND REGULATION OF MEDICAL MARIJUANA RESEARCH AND TESTING FACILITIES.
(a) Medical marijuana research and testing facilities shall only be located in a district classified pursuant to Part Eleven Planning and Zoning Code as Ml and M2 districts.
(b) Retail sales are not permitted.
(c) Medical marijuana research and testing facilities shall comply with all other regulations of the zoning district in which the medical marijuana research and testing facility is located, except when they are in conflict, in which case this section shall prevail.
(Ord. 310(20-21). Passed 12-16-21.)
1138.08 FEES.
(a) Medical marijuana cultivation facilities license fee shall be five thousand dollars ($5,000) annually.
(b) Medical marijuana dispensary license fee shall be two thousand five hundred dollars ($2,500) annually.
(Ord. 310(20-21). Passed 12-16-21).
1139.01 POWER OF AMENDMENT.
Council may from time to time amend, supplement, change, modify or repeal this Zoning Ordinance, including the zoning maps, by proceeding in the manner prescribed by Ohio R.C. Chapter 713. The zoning maps shall be kept in the office of the City Engineer and changes on the maps necessitated by amendments to this Zoning Ordinance shall be made by the City Engineer. The City Engineer shall keep a master zoning map of the entire City on display in Council chambers.
(Ord. 231(80-81). Passed 10-1-81; Ord. 280(00-01). Passed 12-6-01.)
1139.02 CITIZENS' PETITION.
Whenever the owners of at least fifty percent of the area in any zoning district present to Council a petition, duly signed and acknowledged, requesting an amendment, supplement, change, modification or repeal of any of the regulations or restrictions prescribed by this Zoning Ordinance for their zoning district and a change or modification of the zoning maps with reference to such zoning district, it shall be the duty of Council to hold a public hearing thereon and call notice thereof to be given in the manner prescribed in Section 1137.01, and shall cause a vote to be taken on the amendment.
(Ord. 81 (66-67). Passed 12-15-66; Ord. 280(00-01). Passed 12-6-01.)
1141.01 NOTICE OF VIOLATION.
When written notice of a violation of any of the provisions of this Zoning Ordinance has been served by the City Engineer on the owner, agent, occupant, contractor or builder, such violation shall be discontinued immediately.
(Ord. 81(66-67). Passed 12-15-66; Ord. 280(00-01). Passed 12-6-01.)
1141.02 REMEDIES.
In case any building, sign or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, sign, structure or land is used, or any hedge, trees, shrub or other growth is maintained, in violation of this Zoning Ordinance or any regulations pursuant thereto, in addition to other remedies provided by law, any appropriate action or proceedings, whether by legal or equitable process, may be instituted or taken to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, or restrain, correct or abate such violation, to prevent the occupancy of such building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises.
(Ord. 81(66-67). Passed 12-15-66; Ord. 280(00-01). Passed 12-6-01.)
(Ord. 81(66-67). Passed 12-15-66; Ord. 280(00-01). Passed 12-6-01.)
1141.03 FEES.
Fees required in the administration of this Planning and Zoning Code shall be paid in advance or accompany the application for the following:
(a) For each appeal, application for a Special Exception, or application for a variance to the Planning Commission there shall be a fee of two hundred fifty dollars ($250.00). For each Planning Commission certificate issued hereunder there shall be a fee of twenty-five dollars ($25.00) and for each duplicate copy of the Planning Commission certificate, there shall be a fee of one dollar ($1.00).
In addition to the fees set forth above, the City Engineer, before accepting any such appeal or application, shall charge and collect one hundred dollars ($100.00) in every case where work has commenced in a residentially zoned district and the sum of two hundred dollars ($200.00) in every case where work has commenced in a commercial or manufacturing zoned district as a penalty in every case where the appeal or application is made after work has actually commenced in advance of the granting of the appeal or application. Appeals may be filed with the Marietta City Planning Commission.
(b) For each application to Council for a change or amendment of this Zoning Ordinance, there shall be a charge of fifty dollars ($50.00) plus five dollars ($5.00) for each dwelling unit permitted under the classification requested in excess of the number of dwelling units permitted under the existing classification, or five dollars ($5.00) for each 1,500 sq. ft. lot area as requested, not exceeding, however, a maximum charge of three hundred dollars ($300.00), payable in advance.
(c) For each structure, a separate use and occupancy permit shall be required. For each such use and occupancy permit, there shall be a charge of twenty-five dollars ($25.00). (Ord. 231(16-17). Passed 4-6-17.)
1141.04 REPRODUCTION FEES.
For each of the following items reproduced and furnished to the public, the City Engineer’s Office shall charge and collect the fee set forth herein:
Planning and Zoning Code | $10.00 |
Building Code | 10.00 |
Subdivisions Regulations | 5.00 |
Large Plat Map | 5.00 |
Small Plat Map | 1.00 |
(Ord. 256(84-85). Passed 8-15-85; Ord. 280(00-01). Passed 12-6-01.)
1141.99 PENALTY.
(a) Whoever violates any provision of this chapter or the terms and conditions of any permit issued under this Chapter is guilty of a misdemeanor of the fourth degree and shall be fined not more than two hundred fifty dollars ($250.00) or imprisoned not more than thirty days or both.
(b) Whenever such person shall have been notified by service of summons in a prosecution, or notified in any other way by the City Engineer that he is committing such violation of this Zoning Ordinance, each day that he shall continue such violation after such notification shall constitute a separate offense punishable by a like fine or penalty. Such fine or penalty shall be collected as like fines or penalties are now by law collected.
(Ord. 280(00-01). Passed 12-6-01.)