Mccomb City Zoning Code
SPECIFIC DISTRICT
REGULATIONS
§ 178.105 R-1 SINGLE-FAMILY LOW DENSITY RESIDENTIAL DISTRICT.
(A) Intent. The R-l Single-Family Districts are intended to provide for single-family homes. The intent is to provide an environment of predominantly low density, single-family, detached dwellings, along with accessory buildings, which serve the residents of the District, and are for the purpose of providing low density housing.
(B) Permitted use - certificate required.
(1) Single-family dwellings;
(2) Accessory uses (see § 178.135 accessory structures, permitted accessory structures);
(3) Daycares (Type B family day-care home);
(4) Public and private parks.
(C) Conditional use requiring Planning Commission approval.
(1) Cemeteries;
(2) Government uses;
(3) Home occupations;
(4) Non-commercial recreational facilities;
(5) Places of worship;
(6) Public/private golf-courses;
(7) Public swimming pools;
(8) Group homes;
(9) Restricted-commercial recreational facilities;
(10) Schools - public/private kindergarten to 12;
(11) Emergency services;
(12) Community center;
(13) Borrow pits.
(D) Uses expressly prohibited.
(1) Parking, idling, or storage of semi-cabs and tractor trailers;
(2) Taxi services;
(3) Towing services;
(4) Garbage/refuse operations.
(E) Required building setbacks
(1) Front yard setback - 30 feet.
(2) Side yard setback - Five feet.
(3) Rear yard setback - 30 feet.
(4) Street side yard setback - 15 feet.
(5) Average front yard setback.
(a) Where one or more lots are improved, the front depth shall equal the average depth of the front yards of the lots on either side or 30 feet, whichever is the lesser. In no case shall a front yard be less than 20 feet.
(b) Where the lot is a corner lot, the depth of the front yards shall equal the front yard depth of the adjoining lots or 30 feet, whichever is less. In no case shall a corner lot have front yards less than 20 feet.
(6) Overhangs. Overhangs may not encroach into any setbacks by more than two feet.
(F) Lot requirements.
(1) Minimum required lot size - 10,000 square feet.
(2) Minimum required lot frontage - 65 feet.
(3) Maximum percent of lot coverage.
(a) Maximum. No lot shall exceed 33% in coverage for all roofed structures.
(b) Exceptions. One accessory building containing 50 square feet or less per site. Such buildings are not permitted in any front yard. (Larger than 50 sf requires a permit § 178.135)
(G) Minimum living areas.
(1) Single story home shall have a minimum of 1,600 square feet of living space excluding garages, porches, and basements.
(2) Two story home shall have a minimum of 1,800 square feet of living space.
(H) Height requirements.
(1) Primary structure shall not exceed 40 feet above grade.
(2) Accessory structures shall not exceed 18 feet above grade.
(I) Applicable provisions.
(1) Section 178.124 Riparian Corridor Overlay District.
(4) Ordinance 2011-06 and Hancock County Special Purpose Flood Reduction Ordinance.
(Ord. O-2019-24, passed 9-9-2019)
§ 178.106 R-2 SINGLE-FAMILY MEDIUM DENSITY RESIDENTIAL DISTRICT.
(A) Intent. The R-2 Single-Family Districts are intended to provide for single-family homes on individual lots. The intent is to provide an environment of predominantly medium density, single-family, detached dwellings, along with other residentially related facilities, which serve the residents of the district, and are for the purpose of providing medium density housing.
(B) Permitted use - certificate required.
(1) Single-family dwellings;
(2) Accessory uses (see, permitted accessory structures);
(3) Daycares (type B family day-care home);
(4) Public and private parks.
(C) Conditional use Requiring Planning Commission approval.
(1) Cemeteries;
(2) Home occupations;
(3) Non-commercial recreational facilities;
(4) Places of worship;
(5) Public/private golf courses;
(6) Public swimming pools;
(7) Restricted commercial recreation facilities;
(8) Schools - public/private kindergarten to 12;
(9) Bed and breakfasts;
(10) Group homes;
(11) Emergency services;
(12) Community center;
(13) Borrow pits.
(D) Uses expressly prohibited.
(1) Parking, idling, or storage of semi-cabs and tractor trailers;
(2) Taxi services;
(3) Towing services;
(4) Garbage/refuse operations.
(E) Required building setbacks.
(1) Front yard setback - 25 feet.
(2) Side yard setback - five feet.
(3) Rear yard setback - 30 feet.
(4) Street side yard setback - 15 feet.
(5) Average front yard setback.
(a) Where one or more lots are improved, the front depth shall equal the average depth of the front yards of the lots on either side or 25 feet, whichever is the lesser. In no case shall a front yard be less than 15 feet.
(b) Where the lot is a corner lot, the depth of the front yards shall equal the front yard depth of the adjoining lots or 25 feet, whichever is less. In no case shall a corner lot have front yards less than 15 feet.
(6) Overhangs. Overhangs may not encroach into any setback by more than two feet.
(F) Lot requirements.
(1) Minimum.
(a) No lot size shall be less than 7,500 square feet.
(b) Minimum required lot frontage is 50 feet.
(2) Maximum percent of lot coverage.
(a) No lot shall exceed 33% in coverage for all roofed structures.
(b) Exceptions. One accessory building containing 50 square feet or less per site. Such buildings are not permitted in any front yard.
(G) Minimum living areas.
(1) Single story homes shall have a minimum 1,300 square feet of living space.
(2) Two story homes shall have a minimum of 1,500 square feet of living space.
(H) Height requirements.
(1) Primary structure shall not exceed 40 feet above grade.
(2) Accessory structures shall not exceed 18 feet above grade.
(I) Applicable provisions.
(1) Section 178.124 Riparian Corridor Overlay District.
(J) Violations. A violation of any provision of this section shall be deemed a violation of this zoning code and subject the violator to enforcement and penalty set forth in §§ 178.260 through 178.268 and 178.999.
(Ord. O-2019-24, passed 9-9-2019)
§ 178.107 R-3 SINGLE-FAMILY HIGH DENSITY RESIDENTIAL DISTRICT.
(A) Intent. The R-3 Single-Family Districts are intended to bring older neighborhoods into conformance with zoning regulations. The intent is to provide an environment of predominantly higher density, single-family, detached dwellings, along with other residentially related facilities, which serve the residents of the district. The R-3 District is designed to provide for the older, smaller lots that are common with older, platted neighborhoods.
(B) Permitted use - certificate required.
(1) Single-family dwellings;
(2) Accessory uses;
(3) Daycares (Type B family day-care home);
(4) Public and private parks.
(C) Conditional use requiring Planning Commission approval.
(1) Cemeteries;
(2) Government uses;
(3) Home occupations;
(4) Non-commercial recreational-facilities;
(5) Places of worship;
(6) Public/private golf courses;
(7) Public swimming pools;
(8) Restricted commercial recreational facilities;
(9) Schools - public/private kindergarten to 12;
(10) Funeral services;
(11) Group homes;
(12) Bed and breakfasts;
(13) Parking lots;
(14) Emergency services;
(15) Community center;
(16) Borrow pits.
(D) Uses expressly prohibited.
(1) Parking, idling, or storage of semi-cabs and tractor trailer;
(2) Taxi services;
(3) Towing services;
(4) Garbage/refuse;
(5) Operations.
(E) Required building setbacks.
(1) Front yard setback - ten feet.
(2) Side yard setback - three feet.
(3) Street side yard setback - ten feet.
(4) Rear yard setback - 15% of the lot depth or 30 feet, whichever is less.
(5) Average front yard setback.
(a) Where one or more lots are improved, the front depth shall equal the average depth of the front yards of the lots on either side or ten feet, whichever is the lesser. In no case shall a front yard be less than five feet.
(b) Where the lot is a corner lot, the depth of the front yards shall equal the front yard depth of the adjoining lots or ten feet, whichever is less. In no case shall a corner lot have front yards less than five feet.
(6) Overhangs. Overhangs may not encroach into any setbacks by more than two feet.
(F) Lot requirements.
(1) Minimum required lot size - 3,500 square feet.
(2) Minimum required lot frontage - 35 feet.
(3) Maximum percent of lot coverage.
(a) Maximum - no lot shall exceed 50% in coverage for all roofed structures.
(b) Exceptions include - one accessory building containing 50 square feet or less per site.
1. Example 1: a lot in an R-3 District has 55% lot coverage. The residents are still able to erect an accessory building of 100 square feet. These are typically the kit sheds available at any home improvement store. The shed will still require a zoning permit.
2. Example 2: a lot in an R-3 District is 5,000 square feet and has 40% lot coverage (2000 sq. ft). It does not have a garage and owner would like to construct a 600 square foot garage. The owner is limited to 500 square feet before reaching the 50% maximum (2,500 sq. ft). Can the application for an accessory structure add the 100 square foot exemption to the permit? The answer is 'no'. The 100 sq. ft. exemption is intended to provide for smaller shed type buildings, not as a bonus for larger roofed structures.
(G) Minimum living area.
(1) Single story homes shall have a minimum 800 square feet of living space.
(2) Two story homes shall have a minimum of 1,000 square feet of living space.
(H) Height requirements.
(1) Primary structure shall not exceed 40 feet above grade.
(2) Accessory structures shall not exceed 18 feet above grade.
(I) Applicable provisions.
(1) Section 178.124 Riparian Corridor Overlay District.
(Ord. O-2019-24, passed 9-9-2019)
§ 178.108 R-4 DUPLEX/TRIPLEX HIGH DENSITY RESIDENTIAL DISTRICT.
(A) Intent. The R-4 Duplex/Triplex District is designed to stabilize the older neighborhoods that are saturated with duplexes and triplexes. The R-4 classification exists to respect existing, legal conforming duplex/triplex properties. However, the district cannot be designated in a manner that would represent a spot zone. Therefore, areas with a significant number of duplexes and triplexes may be zoned R-4 overall, but each neighborhood will be evaluated for R-4 based on existing uses and zoning compliance. All zone change requests for R-4 Duplex/Triplex must meet all requirements of this section, including but not limited to lot size, coverage, off-street parking, and the like.
(B) Permitted use - certificate required.
(1) Single family dwellings;
(2) Duplex;
(3) Triplex;
(4) Accessory uses;
(5) Daycares (Type B family daycare home);
(6) Public and private parks.
(C) Conditional use Requiring Planning Commission approval.
(1) Cemeteries;
(2) Government uses;
(3) Home occupations;
(4) Non-commercial recreational facilities;
(5) Places of worship;
(6) Public/private golf courses;
(7) Public swimming pools;
(8) Restricted commercial recreation facility;
(9) Schools - public/private kindergarten to 12;
(10) Funeral services;
(11) Bed and breakfasts;
(12) Parking lot
(13) Emergency services
(14) Group homes
(15) Community center
(16) Borrow pits.
(D) Uses expressly prohibited.
(1) Parking, idling, or storage of semi-cabs and tractor trailer;
(2) Taxi services;
(3) Towing services;
(4) Garbage/refuse operations.
(E) Required building setbacks.
(1) Existing, infill, and rehab.
(a) Front yard setback - ten feet.
(b) Side yard setback - three feet.
(c) Street side yard setback - ten feet.
(d) Rear yard setback - 30 feet.
(e) Average front yard setback.
1. Where one or more lots are improved, the front depth shall equal the average depth of the front yards of the lots on either side or ten feet, whichever is the lesser. In no case shall a front yard be less than five feet.
2. Where the lot is a corner lot, the depth of the front yards shall equal the front yard depth of the adjoining lots or ten feet, whichever is less. In no case shall a corner lot have front yards less than five feet.
(2) New construction.
(a) Front yard setback - 25 feet.
(b) Side yard setback - five feet.
(c) Rear yard setback - 30 feet.
(d) Average front yard setback.
1. Where one or more lots are improved, the front depth shall equal the average depth of the front yards of the lots on either side or 25 feet, whichever is the lesser. In no case shall a front yard be less than 15 feet.
2. Where the lot is a corner lot, the depth of the front yards shall equal the front yard depth of the adjoining lots or 25 feet, whichever is less. In no case shall a corner lot have front yards less than 15 feet. See § 178.010 Definitions.
(F) Lot requirements.
(1) Minimum required lot size. The minimum lot size is 4,500 square feet.
(2) Minimum required lot frontage - 45 feet.
(3) Maximum percent of lot coverage. No lot shall exceed 50% in coverage for all roofed structures.
(4) Exceptions include one accessory building containing 50 square feet or less per buildable lot. See § 178.105(F) Lot requirements for additional information.
(G) Minimum living area.
(1) Single story homes shall have a minimum 800 square feet of living space.
(2) Two story homes shall have a minimum of 1,000 square feet of living space.
(H) Height requirements.
(1) Primary structure shall not exceed 40 feet above grade.
(2) Accessory structures shall not exceed 18 feet above grade.
(I) Applicable provisions.
(1) Section 178.124 Riparian Corridor Overlay District.
(Ord. O-2019-24, passed 9-9-2019)
§ 178.109 M-1 MULTIPLE-FAMILY RESIDENTIAL DISTRICT.
(A) Intent. The M-l Multiple-family Residential Districts are a higher density residential district (no more than 8.68 units per acre) and are designed to provide sites for multiple-family dwelling structures and related uses
which will generally serve as zones of transition between non-residential districts and lower Density R-l, R-2, and R-3 Districts. The Multiple-Family Districts are further designed to serve the limited needs of apartment type units in an otherwise medium or low density single-family community. The M-l District allows for less density than the M-2 District.
(B) Permitted use - certificate required.
(1) Multiple-family dwellings;
(2) Accessory uses;
(3) Two-family dwellings;
(4) Apartments.
(C) Conditional use requiring Planning Commission approval.
(1) Cemeteries;
(2) Child daycare center;
(3) Government uses;
(4) Home occupations;
(5) Non-commercial recreational facilities;
(6) Nursing and convalescence homes;
(7) Places of worship;
(8) Public/private parks;
(9) Public/private golf courses;
(10) Public swimming pools;
(11) Commercial recreation facility;
(12) Schools - public/private kindergarten to 12;
(13) Funeral services;
(14) Bed & breakfasts;
(15) Group homes;
(16) Parking lot;
(17) Community center;
(18) Emergency services;
(19) Borrow pits.
(D) Uses expressly prohibited.
(1) Parking, idling, or storage of semi-cabs and tractor trailers;
(2) Taxi services;
(3) Towing services;
(4) Garbage/refuse operations.
(E) Required building setbacks.
(1) Front yard setback.
(a) Major and secondary thoroughfares - 40 feet.
(b) All other streets - 25 feet.
(2) Side yard setback - 25 feet.
(3) Rear yard setback - 30 feet minimum. Buildings with heights between 30 feet and 50 feet require equivalent rear yard setbacks.
(F) Lot requirements.
(1) Minimum lot size ratio. The required minimum lot size shall be determined by the following ratio: 5,400 square feet of lot size per living unit.
(2) Exclusive of rights-of-way and streets. Dedicated and private streets do not count toward the required lot size.
Example: a ten-unit apartment building would require a lot of 54,000 square feet, not including dedicated rights-of-way or private streets. (10 x 5,400 = 54,000).
(3) Minimum lot frontage - 75 feet.
(4) Maximum lot coverage - not more than 40% of the site may be covered by impervious surface excluding patios, sidewalks, and walking paths.
(G) Minimum living area. Minimum living area is 500 square feet per living unit.
(H) Minimum building separation. Minimum building separation is 20 feet.
(I) Maximum height.
(1) Primary structures shall not exceed 50 feet.
(2) Accessory structure shall not exceed 18 feet.
(J) Applicable provisions.
(1) Section 178.124 Riparian Corridor Overlay District.
(Ord. O-2019-24, passed 9-9-2019).
§ 178.110 M-2 MULTIPLE-FAMILY RESIDENTIAL DISTRICT.
(A) Intent. The M-2 Multiple-Family Residential Districts are a higher density residential district and are designed to provide sites for multiple-family dwelling structures and related uses which will generally serve as zones of transition between non-residential districts and lower density R-l, R-2, and R-3 districts. The Multiple-Family Districts are further designed to serve the limited needs of apartment type units in an otherwise medium or low density single-family community. The M-2 District allows for a higher density than the M-l District.
(B) Permitted use - certificate required.
(1) Multiple-family dwellings;
(2) Two-family dwellings;
(3) Apartments;
(4) Accessory uses
(C) Conditional use requiring Planning Commission approval.
(1) Cemeteries;
(2) Daycare facilities;
(3) Government uses;
(4) Home occupations;
(5) Non-commercial recreational facilities;
(6) Nursing and convalescence homes;
(7) Places of worship;
(8) Public/private parks;
(9) Public/private golf courses;
(10) Public swimming pools;
(11) Restricted commercial recreational facilities;
(12) Schools - public/private kindergarten to 12;
(13) Funeral homes;
(14) Bed and breakfasts;
(15) Parking lot;
(16) Emergency services;
(17) Community center;
(18) Borrow pits.
(D) Uses expressly prohibited.
(1) Parking, idling, or storage of semi-cabs and tractor trailers;
(2) Taxi services;
(3) Towing services;
(4) Garbage/refuse operations.
(E) Required building setbacks.
(1) Front yard setback.
(a) Major and secondary thoroughfares - 40 feet.
(b) All other streets - 25 feet.
(2) Side yard setback - 25 feet.
(3) Rear yard setback - 30 feet minimum. Buildings with heights between 35 feet and 50 feet require equivalent rear yard setbacks.
(F) Lot requirements.
(1) Minimum lot size shall be determined by the following ratio: 3,500 square feet of lot size per living unit. Dedicated rights-of-way and private streets do not count toward the required lot size.
Example: a ten-unit apartment building would require a lot of 35,000 square feet, not including dedicated rights-of-way or private streets. (10 x 3,500 = 35,000).
(2) Minimum lot frontage - 125 feet.
(3) Maximum lot coverage - Not more than 40% of the site may be covered by impervious surface, excluding patios, sidewalks, and walking paths.
(G) Minimum living area. Minimum living area is 500 square feet per living unit.
(H) Height requirements.
(1) Primary structure shall not exceed 50 feet.
(2) Accessory structure shall not exceed 18 feet.
(I) Minimum building separation. Minimum building separation is 20 feet.
(J) Applicable provisions.
(1) Section 178.124 Riparian Corridor Overlay District.
(Ord. O-2019-24, passed 9-9-2019)
§ 178.111 CD CONDOMINIUM DISTRICT.
(A) Intent. The CD Condominium Districts are designed to provide sites for condominium dwelling structures and related uses. The Condominium Districts allow for the development of structures with one to four living units per building.
(B) Permitted use - certificate required.
(1) Condominiums;
(2) Accessory uses;
(3) Public/private parks.
(C) Conditional use requiring Planning Commission approval.
(1) Government uses;
(2) Home occupations;
(3) Borrow pits;
(4) Non-commercial recreational facilities;
(5) Nursing and convalescence homes;
(6) Places of worship;
(7) Commercial recreational facilities;
(8) Schools - public/private kindergarten to 12.
(D) Uses expressly prohibited.
(1) Parking, idling, or storage of semi-cabs and tractor trailers;
(2) Taxi services;
(3) Towing services;
(4) Garbage/refuse operations.
(E) Required building setbacks.
(1) Front yard setback.
(a) Major and secondary thoroughfares - 40 feet.
(b) All other streets - 25 feet.
(2) Side yard setback - 15 feet.
(3) Rear yard setback - 30 feet.
(F) Lot requirements.
(1) Minimum lot size. Minimum lot size shall be determined by the following ratio: 7,000 square feet minimum area of lot size per living unit.
(2) Rights-of-way. Dedicated rights-of-way and private streets do not count toward the required lot size.
Example: a ten-unit condominium development would require a lot of 70,000 square feet, not including dedicated rights-of-way or private streets. (10 x 7,000 = 70,000).
(3) Minimum lot frontage - 100 feet.
(G) Minimum living area. Minimum living area is 800 square feet per living unit.
(H) Height requirements.
(1) Primary structure shall not exceed 40 feet.
(2) Accessory structure shall not exceed 18 feet.
(I) Minimum building separation.
(1) Single-family detached condominium - ten feet.
(2) Two or three unit condominium building - 15 feet.
(3) Four unit condominium building - 20 feet.
(4) Differing sized condominiums. In the case of adjacent but differing size condominiums, the project will be held to the more stringent separation (meaning the greater distance).
(J) Maximum building size. No single condominium shall have more than four living units per building.
Example: The building's maximum size is limited by the lot size, setbacks, building height, maximum number of units, and the 7,000 sq. ft. of lot size per-unit requirement.
(K) Applicable provisions.
(1) Section 178.124 Riparian Corridor Overlay District.
(Ord. O-2019-24, passed 9-9-2019)
§ 178.112 MH MOBILE HOME DISTRICT.
(A) Intent. The MH Mobile Home Districts are designed to provide sites for mobile home dwelling structures and related uses.
(B) Permitted use - certificate required.
(1) Mobile homes;
(2) Accessory uses.
(C) Conditional use requiring Planning Commission approval.
(1) Home occupations;
(2) Non-commercial recreational facilities;
(3) Public/private parks;
(4) Public swimming pools;
(5) Emergency services;
(6) Borrow pits.
(D) Required setbacks.
(1) Perimeter setback - major or secondary thoroughfare - 40 feet.
(2) All other streets - 30 feet.
(3) Interior side yard - 30 feet.
(4) Interior rear yard - 30 feet.
Example: Interior requirements, such as side yard and rear yard, are to be implemented in areas where a mobile home development abuts neighboring property that is not street frontage or another mobile home park development.
(E) Lot requirements.
(1) Minimum development size. All new mobile home parks shall be a minimum of five acres in size, exclusive of rights-of-way.
(2) Minimum lot size. Minimum lot size shall be determined by the following ratio - 4,000 square feet per dwelling unit.
(3) Minimum lot frontage - entire site. At least one perimeter line of the lot shall measure 200 feet along an arterial street.
(4) Maximum lot coverage. Maximum lot coverage shall be per requirements of the State of Ohio Health Department.
(F) Minimum living area. Per State of Ohio Health Code.
(G) Minimum building separation. Per State of Ohio Health Code.
(H) Minimum building size. Per State of Ohio Health Code.
(I) Height requirements.
(1) Primary structure shall not exceed 20 feet.
(2) Accessory structure shall not exceed 18 feet.
(J) Applicable provisions.
(1) Section 178.124 Riparian Corridor Overlay District.
(Ord. O-2019-24, passed 9-9-2019)
§ 178.113 O-I INSTITUTIONS AND OFFICES DISTRICT.
(A) Intent. The Institutions and Offices District is established to provide for the development of professional and office type businesses which may serve as buffer areas between residential and more intense commercial districts.
(B) Permitted use - certificate required.
(1) Accessory uses;
(2) General offices;
(3) Government uses;
(4) Financial and insurance institutions;
(5) Laboratories;
(6) Medical offices;
(7) Law offices;
(8) Places of worship;
(9) Professional offices;
(10) Public/private parks;
(11) Schools - public/private kindergarten to 12;
(12) Daycare facilities;
(13) Libraries;
(14) Community centers;
(15) Schools: trade, business, commercial.
(C) Conditional uses.
(1) Nursing and convalescence homes;
(2) Funeral services;
(3) Cemeteries;
(4) Emergency services;
(5) Communication structures;
(6) Mixed use office/residential;
(7) Borrow pits.
(D) Required building setbacks. Building setbacks are based on three categories of height: buildings one or two stories in height, buildings three stories in height or less, and; buildings in excess of three stories.
(1) Buildings one or two stories tall.
(a) Front yard setback - 55 feet.
(b) Side yard setback - 20 feet.
(c) Rear yard setback - 40 feet.
(2) Buildings three stories tall.
(a) Front yard setback - 40 feet.
(b) Side yard setback - 20 feet.
(c) Rear yard setback - 20 feet.
(3) Buildings four stories tall or more.
(a) Front yard setback - 55 feet.
(b) Side yard setback - 20 feet.
(c) Rear yard setback - 40 feet.
(E) Lot requirements.
(1) Minimum lot size. No minimum lot size other than the land that is needed to meet all the required development standards.
(2) Minimum lot frontage - 50 feet.
(F) Minimum building separation.
(1) Buildings three stories tall or less - 20 feet.
(2) Buildings four stories tall or more - 30 feet.
(G) Applicable provisions.
(1) Section 178.124 Riparian Corridor Overlay District.
(Ord. O-2019-24, passed 9-9-2019)
§ 178.114 C-1 LOCAL COMMERCIAL DISTRICT.
(A) Intent. The C-l Neighborhood Commercial District is established to provide for the development of commercial and frequently used businesses associated with the shopping, service and family needs of adjacent or local residential areas. The C-l Local Commercial zoning district is intended to provide for the establishment of smaller shops or stores serving a localized area rather than larger businesses serving regional areas.
(B) Permitted use - certificate required. All uses permitted are permitted in this district, in addition to which the following uses are also permitted: Retail Business (except conditions per § 178.149).
(1) Professional services;
(2) Libraries;
(3) Restaurants;
(4) Art and antique shops;
(5) Bakeries - retail;
(6) Bed & breakfasts;
(7) Book stores;
(8) Business services;
(9) Coffee shops;
(10) Convenience stores;
(11) Craft supplies;
(12) Dance studios;
(13) Day care centers (Type A & B);
(14) Dry cleaners;
(15) Flower shops;
(16) Food retailing;
(17) Hardware stores;
(18) Health services;
(19) Ice cream shops;
(20) Beauty salons;
(21) Barber shops;
(22) Body clinics;
(23) Veterinary clinics (no kennel);
(24) Pawn shops;
(25) Accessory uses;
(26) Personal services;
(27) Community center;
(28) Fraternal organizations;
(29) Private clubs.
(C) Conditional use requiring Planning Commission approval. In addition to other requirements found in this zoning code, uses stated below may be permitted or denied depending upon how well they can address various site issues. Common conditions for approving such uses are located in § 178.149.
(1) Sports and recreational facilities;
(2) Bars, night clubs, taverns;
(3) Drive thrus;
(4) Car washes;
(5) Fueling stations;
(6) Funeral services;
(7) Minor automotive services
(8) Off-premise signs;
(9) Contractor's shop;
(10) Borrow pits;
(11) Mixed use commercial/residential.
(D) Required building setbacks.
(1) Front yard setback - 25 feet.
(2) Side yard setback - ten feet.
(3) Street side yard setback - 15 feet.
(4) Rear yard setback - 20 feet.
(E) Required lot frontage. Minimum required lot frontage is 75 feet.
(F) Height standards. Maximum height is 40 feet.
(G) Outdoor display of merchandise and outdoor storage. See § 178.144(C) Outdoor Storage Standards/Outdoor Display.
(H) Screening. Screening is required of all areas that abut residentially zoned districts. Required screening shall be opaque, such as a board on board fence, masonry walls or equivalent material deemed appropriate by the Zoning Administrator or Planning Commission. The screening standards can be found in § 178.141 Screening.
(I) Applicable provisions.
(1) Section 178.124 Riparian Corridor Overlay District.
(Ord. O-2019-24, passed 9-9-2019)
§ 178.115 C-2 GENERAL COMMERCIAL DISTRICT.
(A) Intent. The C-2 Commercial District is established to provide for the development of a broad spectrum of commercial and business uses. These uses are expected to serve the commercial, business, and service needs of a regional area.
(B) Permitted use - certificate required. This district permits all uses permitted in O-l and C-l, in addition to the following uses:
(1) Retail trade;
(2) Automotive sales;
(3) Motels and hotels;
(4) Cinemas/theaters;
(5) Commercial schools;
(6) Clubs;
(7) Financial institutions;
(8) Shopping malls;
(9) Lumberyards;
(10) Pawn shops;
(11) Accessory uses;
(12) Taxi services;
(13) Fueling stations;
(14) Minor automobile repair services.
(C) Conditional use. In addition to other requirements found in this zoning code, uses stated below may be permitted or denied depending upon how well they can address various site issues. Common conditions for approving such uses “conditionally” are located in § 178.149.
(1) Sports & recreational facilities;
(2) Bars, night clubs, taverns;
(3) Funeral services;
(4) Outdoor sale of building materials;
(5) Drive thru beverage stores;
(6) Contractor equipment, rental and supplies;
(7) Car washes;
(8) Drive thru lanes/windows;
(9) Parking garages;
(10) Off-premise signs;
(11) RV sales;
(12) Major auto repair;
(13) Borrow pits;
(14) Mixed use commercial/residential.
(D) Required building setbacks.
(1) Front yard setback - 30 feet.
(2) Side yard setback.
(a) Typical - 15 feet.
(b) Adjacent to residential use or zoning - 25 feet.
(3) Street side yard setback - 15 feet.
(4) Rear yard setback - 30 feet.
(E) Required lot frontage. Minimum required lot frontage is 100 feet.
(F) Height standards. Maximum height is 60 feet.
(G) Outdoor display of merchandise and outdoor storage. See § 178.144(C) Outdoor Storage Standards/ Outdoor Display.
(H) Applicable provisions.
(1) Section 178.136 Architectural Standards.
(2) Section 178.141 Screening.
(3) Section 178.143 Lighting.
(4) Section 178.144 Outdoor Storage Standards.
(5) Section 178.145 Parking Standards.
(6) Section 178.146 Sign Standards.
(Ord. O-2019-24, passed 9-9-2019)
§ 178.116 C-3 DOWNTOWN BUSINESS DISTRICT.
(A) Intent.
(1) The C-3 Downtown Business District is designed to distinguish the area as unique from all other business district areas in the village. The unique characteristics include closer massing of buildings, taller buildings, pedestrian-friendly walkways; numerous uses to co-exist that are prohibited in other districts; using the village's rights-of-way for outdoor dining, sidewalk sales, and exhibits; lack of required setbacks, and; lack of parking requirements.
(2) The C-3 Downtown Business District is the most open zoning district and allows the mixing of uses that other zoning districts do not permit. Creative parking arrangements are encouraged but not required. Absent any parking requirements, there cannot be an expectation to provide ample curbside parking in front of each business door, nor can there be a code standard cited as reason for creating surface parking lots in place of existing buildings.
(B) Uses permitted. In the C-3 Downtown Business Districts the following principal uses shall be permitted:
(1) Professional services;
(2) Libraries;
(3) Restaurants;
(4) Art and antique shops;
(5) Bakeries - retail;
(6) Bed and breakfasts;
(7) Book stores;
(8) Bars, taverns, night clubs;
(9) Business services;
(10) Coffee shops;
(11) Convenience stores;
(12) Craft supplies;
(13) Dance studios;
(14) Day care centers (Type A & B);
(15) Dry cleaners;
(16) Flower shops;
(17) Food retailing;
(18) Hardware stores
(19) Health services;
(20) Ice cream shops;
(21) Beauty salons;
(22) Barber shops;
(23) Sidewalk cafes (dependent on approval from Village Administrator);
(24) Veterinary clinic (no kennel);
(25) Accessory uses;
(26) Taxi services.
(C) Conditional uses permitted.
(1) Residential uses;
(2) Automotive sales;
(3) Borrow pits;
(4) Other uses. Other uses are those which the Village Planning Commission finds to be:
(a) Similar in character to one or more of the use groups indicated above.
(b) Supports the high intensity nature of downtown including the pedestrian oriented goal.
(D) Lot requirements.
(1) Front and rear yard requirements. No front or side yards are required in the C-3 Districts.
(2) Rear yards.
(a) Loading spaces shall be provided in the ratio of at least ten square feet per front foot of the building.
(b) Where an alley exists or is provided at the rear of the buildings, the rear building setback and loading requirements may be computed from the center of said alley.
(E) Applicable provisions.
(2) Section 178.141 Screening.
(3) Section 178.144 Outdoor Storage Standards.
(4) Section 178.145 Parking Standards.
(5) Section 178.146 Sign Standards.
(Ord. O-2019-24, passed 9-9-2019)
§ 178.117 I-1 LIGHT INDUSTRIAL DISTRICT.
(A) Intent. The I-1 Light Industrial Districts are designed primarily to accommodate wholesale activities, warehouses, and light industrial operations which may be conducted in areas proximate to residential and commercial areas with attempts to provide as much isolation as possible and where external environmental and physical effects are restricted to the area of this District. No offensive or hazardous conditions shall be created by an industry. Disruptive activities shall be minimized to maintain tranquility if near commercial or residential areas and districts. These would include excessive traffic, dust, dirt, noxious gases, smoke, noise, fumes or vibrations. Permitted uses of this District exclude heavy industrial operations. The processing of raw material for shipment in bulk form to be used elsewhere is also prohibited, with the exception of agricultural products identified as North American Industrial Classification System Code 311119 Other Animal Food Manufacturing.
(B) Permitted use - certificate required.
(1) Industrial manufacturing;
(2) Light manufacturing;
(3) Wholesale trade;
(4) Transportation and warehousing;
(5) Machining;
(6) Welding;
(7) Major automotive repair;
(8) Semi-truck repair, sales, and service;
(9) Truck stops;
(10) Research and development laboratories;
(11) Mini-storage warehouse;
(12) Trade or industrial schools;
(13) Public safety facilities;
(14) Kennels outdoor/indoor;
(15) Kennels-veterinary clinics;
(16) Refuse collection and recycling centers;
(17) Towing operations and storage lots;
(18) Production and/or storage of medical or compressed gases;
(19) RV sales and services;
(20) Contractor storage equipment;
(21) Bulk sales, storage of top soils and mulches, etc.;
(22) Accessory uses.
(C) Conditional uses.
(1) Sales areas or showrooms for products manufactured on-site. Sales area not to exceed 40% of the primary structure.
(3) Outdoor drive-in movie theaters.
(4) Any additional less intensive, non-objectionable uses which are subject to Planning Commission review.
(5) Borrow pits.
(D) Required building setbacks.
(1) Front yard setback - 50 feet.
(2) Side yard setback - 30 feet. If adjacent to an area that is zoned or used for residential, the setback shall be 75 feet.
(3) Rear yard setback - 30 feet. If adjacent to an area that is zoned or used for residential, the setback shall be 75 feet.
(E) Existing setbacks. Expansion of existing industrial uses may use the established setbacks or the current standards, whichever is less.
(F) Required lot frontage. Minimum required lot frontage is 100 feet.
(G) Height requirements.
(1) Primary structure shall not exceed 60 feet.
(2) Accessory structure shall not exceed 40 feet.
(H) Minimum building separation. Minimum distance between buildings - 25 feet.
(I) Applicable provisions.
(1) Section 178.141 Screening.
(2) Section 178.144 Outdoor Storage Standards.
(3) Section 178.145 Parking Standards.
(4) Section 178.146 Sign Standards.
(Ord. O-2019-24, passed 9-9-2019)
§ 178.118 I-2 GENERAL INDUSTRIAL DISTRICT.
(A) Intent. The 1-2 General Industrial Districts are designed primarily for manufacturing and assembling, fabricating activities, including large scale and specialized industrial operations whose external physical effects may be felt in other districts. These Districts are structured to include heavy industrial use.
(B) Permitted use - certificate required.
(1) All uses permitted in I-1;
(2) Light manufacturing;
(3) Research and testing facilities;
(4) Automobile service stations;
(5) Major automobile repair;
(6) Heavy manufacturing;
(7) Accessory uses;
(8) Wholesale businesses;
(9) Warehousing;
(10) Laboratories;
(11) Truck stops;
(12) Refineries.
(C) Conditional uses.
(1) Junkyards;
(2) Stockyards;
(3) Slaughterhouse;
(4) Landfills;
(5) Oil and gas wells;
(6) Adult entertainment establishments / adult entertainment uses;
(7) Mining;
(8) Quarrying;
(9) Off premise signs;
(10) Borrow pits.
(11) Any additional less intensive, non-objectionable uses which are subject to Planning Commission review.
(D) Required building setbacks.
(1) Front yard setback.
(a) Major and secondary thoroughfares - 75 feet.
(b) All other streets - 50 feet.
(2) Side yard setback - 30 feet. If adjacent to an area that is zoned or used for residential, the setback shall be 75 feet.
(3) Rear yard setback - 30 feet. If adjacent to an area that is zoned or used for residential, the setback shall be 75 feet.
(E) Use of existing setbacks. Existing industrial operations with established setbacks less than required in this section may be permitted to continue using the existing setback for current uses. Expansion of existing industrial uses may use the established setbacks or the current standards, whichever is less.
(F) Required lot frontage. Minimum required lot frontage is 100 feet.
(G) Minimum building separation. Minimum distance between buildings is 25 feet.
(H) Height requirements.
(1) Primary structure shall not exceed 60 feet.
(2) Accessory structure shall not exceed 40 feet.
(I) Applicable provisions.
(1) Section 178.141 Screening.
(2) Section 178.144 Outdoor Storage Standards.
(3) Section 178.145 Parking Standards.
(4) Section 178.146 Sign Standards.
(Ord. O-2019-24, passed 9-9-2019)
§ 178.119 P-O PARK AND OPEN SPACE DISTRICT.
(A) Intent. The P-O Park and Open Space District is a special purpose zoning district intended to preserve and enhance major open space and recreational areas by protecting the natural amenities they possess and by accommodating development that is compatible with those natural amenities. The P-O District may also be applied to privately-owned open space areas within residential developments. Such a designation is an appropriate zoning classification for open space (non-development) parcels within subdivisions.
(B) Permitted uses.
(1) Community recreation;
(2) Passive recreation activities;
(3) Active recreation activities;
(4) Festivals and gatherings;
(5) Accessory structures.
(C) Required building setbacks.
(1) Front yard setback. Front yard setbacks for any building, off-street parking area, playground, sport court or other active recreation area shall meet the requirements of the surrounding neighborhood front yard setbacks. In the case of multiple districts abutting, the most restrictive standards shall apply.
(2) Side and rear setback. Any building, off-street parking area, playground, sport court or other active recreation area must be set back at least 30 feet from any R-1, R-2, R-3 or R-4 District and at least 20 feet from any other residential or commercial district.
(D) Height requirement. Maximum building height - 35 feet.
(Ord. O-2019-24, passed 9-9-2019)
§ 178.120 PLANNED RESIDENTIAL DEVELOPMENT (PRD).
(A) Intent.
(1) The Planned Residential Development (PRD) is a voluntary procedure that provides an overlay district that is intended to encourage innovative design, conservation of significant natural features, consolidation of open space, and provide for a mixture of residential uses with an integrated design in residential zoning districts. The PRD allows greater design flexibility so that natural features and open space may be preserved and enhanced through the site's development in a coordinated and efficient manner.
(2) All proposals will be considered on their merits in relation to the following: adherence with the Village of McComb Comprehensive Land Use Plan; the context of the area in which the PRD is to be located; the adequacy and availability of public facilities and infrastructure; and the compatibility with the proposal's immediate surroundings. The Planning Commission may require any reasonable condition or design accommodation to promote proper development in harmony to the community. It is not intended that the Planning Commission automatically grant the maximum use or density.
(B) Applications. Applicants are encouraged to meet with the local development officials, the Village Administrator, Hancock County Engineer (if applicable) and the Hancock Regional Planning Commission. Applications for a PRD are made with the Village Planning Committee and involve a preliminary and final review phase with Village Council. Applicants must first submit an application for a "Preliminary Review for Planned Residential Development Overlay" along with a Preliminary Development Plan. If a project is approved in the preliminary phase, applicants may then make an application for a final review using a "Request for Planned Residential Development Overlay." The application must be accompanied with a Final Development Plan. All applications must contain information required per § 178.023 Form of Application.
(C) Re-zoning. Applications will only be considered for tracts of land zoned Residential. Petitions for a zoning change require a separate process.
(D) Preliminary development plan. The Preliminary Development Plan shall contain information set forth in § 178.026 Application Requirements Preliminary Development Plan and B General Information. The request shall be referred to various agencies and utility providers for study. The village shall provide notice and publication of the Planning Commission's review. The proposal shall be reviewed with respect to its meeting the design requirements and standards as set forth in divisions (H) and (I) below of this section.
(E) Final development plan. Only preliminary development plans that have been approved by the Planning Commission may apply for review as a final development plan. The conditions for approval must be reflected in the final development plan. Any deficiencies on the preliminary development plan must be corrected.
(F) Additional information. The Village Planning Commission may require additional information such as professionally prepared maps, survey drawings, studies or reports including environmental assessments, and/or traffic impact studies for the development. The expense of providing this information is the responsibility of the applicant.
(G) Plats required. A planned residential development requires a plat map. Procedures for plat map approval are set forth in the Village of McComb Subdivision Rules & Regulations. It is recommended that the platting process be initiated after the preliminary development plan has been approved by the Planning Commission.
(H) Design requirements.
(1) Minimum acreage. Minimum size tract of land must be 20 acres.
(2) Open space. Ten percent of the gross parcel acreage shall be allocated to common open space and/or recreation areas. Up to one-third of the acreage may be comprised of retention areas, ponds, or flood areas.
(3) Maximum impervious surface. No more than 40% of the gross parcel acreage shall be devoted to coverage by buildings, street pavement, motor vehicle driveway pavement, and parking area pavement.
(4) Minimum pervious surface. Not less than 60% of the gross parcel acreage shall be devoted to pervious surface, including yards, open space, common areas, water features, and new rights-of-way (i.e. boulevards and tree lawns).
(5) Maximum density. The maximum number of dwelling units permitted shall be 4.45 per net developable acre. For the purpose of this calculation, net residential acreage equals 80% of the gross parcel acreage. Gross parcel acreage is the total parcel area excluding existing public rights-of-way.
(I) Standards.
(1) Adverse affects. The property adjacent to the area included in the plan shall not be adversely affected by encroaching buildings, retention ponds or other drainage paths, vehicular circulation routes, location of refuse collection points, or the proximity of the entry of the new development on the public roadway.
(2) Zoning. The plan must be consistent with the intent and purposes of the zoning code to promote public health, safety, and general welfare.
(3) Flexibility. The PRD approval may provide for such exceptions from the base district regulations governing lot size, configuration, location and height of buildings, yard requirements, and subdivision standards and regulations, as may be necessary or desirable to achieve the objectives of the proposed development. Such exceptions are to be designed:
(a) To promote flexibility in design and permit planned diversity in the location of structures;
(b) To promote the efficient use of land to facilitate a more economic arrangement of buildings, circulation systems, land use, and utilities;
(c) To preserve to the greatest extent possible the existing landscape features and amenities and to utilize such features in a harmonious fashion;
(d) To provide for more usable and suitably located recreational facilities and other public and common facilities than otherwise would be provided under conventional land development procedures;
(e) To combine and coordinate architectural styles, building forms and building relationships within the planned residential development;
(f) Appropriate setbacks for any one or group of structures and/or the total planned residential development.
(J) Common open space requirements. See § 178.150 Common Open Space Requirements.
(K) Permitted uses. Uses permitted in the base zoning districts, including conditional uses.
(L) Designation.
(1) Public hearing. The Planning Commission shall hold a public hearing for preliminary and final development plans.
(2) Public notice. See § 178.034 Public notice.
(3) Zoning map overlay. The Village Administrator shall cause the designation to be shown upon the official zoning map as an overlay without changing the underlying zoning.
(4) Notification of designation. Upon designation, the Planning Commission shall promptly notify the Village Council.
(M) Amendments.
(1) Application. In the event that an applicant or owner who has obtained approval of a final development plan wishes to change or modify said approved plan in any respect, he or she shall make a detailed written modification request, and file that request and fee with the Planning Commission. The application shall specifically detail the changes requested, and shall state the reasons for all changes requested.
(2) Review and determination. The Planning Commission shall review the amendment request and decide whether the application shall be treated as a major or minor change to the final development plan using the criteria set forth in § 178.050 Minor Changes Definition (Site Plans & Plats).
(3) Major change. If the application is determined to be a major modification request, the matter shall be scheduled for a public hearing before the Planning Commission. The Planning Commission shall provide written recommendations for the approval, modification, or the denial of the application to the Village Council.
(N) Decisions by Village Planning Commission. Upon reaching a decision, the Planning Commission shall issue an oral decision followed by a written decision within seven days after the date of the hearing, setting forth, with specificity, its findings and analyses. Final approval must be determined by Village Council majority vote at the first Council meeting following the Commission’s findings and analyses.
(O) Appeals. See § 178.052 Appeal of Administrative Decisions.
(P) Approval period.
(1) Construction started. If construction of any phase of the approved Planned Residential Development begins within two years after approval is granted, the approval shall be valid until the development is completed.
(2) No construction. If no construction has begun within two years after the approval is granted, the Planned Residential Development Overlay shall be void and the land shall revert to the district regulations in which it is located. The Planning Commission may approve an extension of the time limit. A project may not receive more than one extension. A maximum of ten years to complete the project is permitted.
(Ord. O-2019-24, passed 9-9-2019)
§ 178.121 PLANNED MIXED USE DEVELOPMENT (PMUD).
(A) Intent.
(1) The Planned Mixed Use Development Overlay (PMUD) is a voluntary procedure that provides an overlay district that is intended to encourage innovative design, conservation of significant natural features, consolidation of open space, and to provide for a mixture of residential, commercial, and industrial uses with an integrated design. There are two types of PMUD overlays: Business-Residential and Business-Industrial. The zoning classifications allowable within a Business - Residential PMUD include M Multi-Family Residential, O-1 Office, C-l Local Business, and C-2 General Business. The zoning classifications allowable within a Business - Industrial PMUD include O-1 Office Commercial, C-l Local Business, C-2 General Business, and 1-1 Light Industrial. The PMUD shall not provide for a mixture of residential and industrial uses.
(2) The PMUD allows greater design flexibility so that natural features and open space may be preserved and enhanced through the location and configuration of development while an array of uses may be integrated in a coordinated, efficient and compatible manner. All proposals will be considered on their merits in relation to the following: adherence with the Village's Comprehensive Land Use Plan; the context of the area in which the PMUD is to be located; the adequacy and availability of public facilities and infrastructure; and the compatibility with the proposal's immediate surroundings. The Planning Commission may require any reasonable condition or design accommodation to promote proper development in harmony with the community. It is not intended that the Village Planning and Zoning automatically grant the maximum use or density.
(B) Applications. Applicants are encouraged to meet with the village's development officials, including the applicant's engineering firm, the Village Planning Commission, the Planning Commission Staff and Hancock Regional Planning Commission. Applications for a PMUD are made with the Village Planning Commission and involve a preliminary and final review phase. Applicants must first submit an application for a "Preliminary review for planned mixed use development overlay" along with a preliminary development plan. If a project is approved in the preliminary phase, applicants may then make an application for a final review using a "request for Planned Mixed Use Development Overlay." The application must be accompanied with a final development plan.
(C) Re-zoning. Applications will only be considered for tracts of land with a mixture of M-l Multi-Family Residential, O-1 Office Commercial, C-l Local Business, C-2 General Commercial and 1-1 Light Industrial Zoning Districts. Petitions for a zoning change require a separate process. It is recommended that zoning changes be considered simultaneously with requests for PMUD Preliminary Development Plans and based on either the Business-Residential PMUD or Business-Industrial PMUD.
(D) Preliminary development plan. The preliminary development plan shall contain information set forth in § 178.026 Application Requirements, Preliminary Development Plan and General Information, which will be referred to various agencies and utility providers for study. The village shall provide notice and publication of the Village Planning Commission review. The proposal shall be reviewed according to its meeting the design requirements and standards as set forth in divisions (H) and (I) below of this section. The approval of a preliminary development plan shall be in effect for two years to allow for the preparation and submission of the final development plan. If the final development plan has not been filed within this approval period, then the preliminary development plan approval shall expire.
(E) Final development plan. Only preliminary development plans that have been approved by the Village Planning Commission and Village Council may apply for review as a final development plan. The conditions for approval must be reflected in the final development plan. Any deficiencies on the preliminary development plan must be corrected.
(F) Additional information. The Village Planning Commission may require additional information such as professionally prepared maps, survey drawings, studies or reports including environmental assessments and/or traffic impact studies for the development. The expense of providing this information is the responsibility of the applicant.
(G) Plat required. A planned mixed use development will require a plat. Procedures for plat approval are set forth in the village's subdivision rules and regulations. It is recommended the platting process be initiated after the preliminary development plan has been approved by the Village Planning Commission. Approved final plats shall be recorded within one year after the approval of the final development plan. Plats not recorded within the one year period will expire and be of no force and effect. Bonds must be secured with the village prior to commencing any development. Plats must be recorded no later than 30 days after bonds are secured.
(H) Design requirements and standards.
(1) Minimum acreage. Minimum size tract of land must be ten acres.
(2) Open space. Ten percent of the gross parcel acreage shall be allocated to common open space. Up to one-third may be comprised of retention areas, ponds, or flood areas.
(3) Maximum impervious surface. No more than 70% of the gross parcel acreage shall be devoted to impervious coverage by buildings, street pavement, motor vehicle driveway pavement and parking area pavement.
(4) Minimum pervious surface. Not less than 30% of the gross parcel acreage shall be devoted to pervious surface, including yards, open space, common areas, water features, and new rights-of-way (i.e. boulevards and tree lawns).
(5) Residential density. Residential may count for a maximum of 40% of the net developable acreage of a Business/Residential PMUD. The maximum number of dwelling units permitted shall be six units per acre with residential zoning. For the purpose of this calculation net residential acreage equals 80% of the gross parcel acreage zoned Multi-Family Residential Districts. Gross parcel acreage is the total parcel area excluding existing public rights-of-way. Additionally, residential uses located above commercial and office uses will not be counted toward the maximum density. See criteria in other parts of this section.
(6) Public services. All new principal buildings, structures and other uses shall be provided with public utilities and served by public streets.
(7) Access. Requires frontage on and direct access to, one or more dedicated and improved public arterial roads, or to an access road that runs parallel to an arterial road. Provision shall be included for future connections to other public roads as required by the Village, the County Engineer, Ohio Department of Transportation (ODOT) and/or the Hancock Regional Planning Commission.
(8) Commercial square footage. Minimum commercial floor space requirements: as approved per development plan.
(9) Common wall residential. Residential standards for common wall/single-family attached dwelling, two-family dwellings, and multi-family dwellings:
(a) Walkways and street trees. The village may require walkways to connect all dwelling areas with open space and to interconnect the open spaces. Where sidewalks or bike paths are required, they shall be separated from the paved street or parking lot surface by at least five feet of landscaped or grassed tree lawn with street trees.
(b) Yards and setbacks - approved per development plan.
(c) Curbed street with enclosed drainage.
(d) Underground utilities. All utility lines constructed to service the proposed commercial uses shall be located underground.
(10) Residential uses in C-l and C-2. Residential uses are permitted in C-l and C-2 provided the residential uses meet the following requirements:
(a) Located on second story or higher, above commercial and office uses excluding parking garages.
(b) Minimum floor area of units to be 1,000 square feet.
(c) Minimum lot width at the building line - as approved per final development plan.
(d) Minimum side yards for non-residential structures shall equal one-third the sum of the height and depth of the structure, but in no case shall be less than 100 feet from any residential zoning district or planned residential district, or as approved per development plan.
(e) Minimum rear yard for non-residential structures shall equal one-third the sum of the height and width of the structure, but in no case shall be less than 100 feet from any residential zoning district or planned residential district, or as approved per plan.
(f) Perimeter area. No parking shall be constructed within 25 feet of the lot line of an existing or proposed single family home or residentially zoned district.
(11) Water and sewer. Centralized water and sewer service shall be provided unless otherwise approved per development plan. The appropriate agencies with jurisdiction shall indicate feasibility of water supply and wastewater disposal systems at the time of the preliminary development plan review.
(12) Walkways and street trees. The village may require walkways to connect parking areas with buildings. Where sidewalks or bike paths are required, they shall be separated from the paved street surface by at least five feet of landscaping or grassed tree lawn with street trees that conform to village standards.
(13) Environmentally sensitive areas. Jurisdictional wetlands, steep (over 20%) slopes, and/or 100-year floodplains shall be preserved to the greatest extent possible (note: village approval does not void requirement to comply with permitting and approvals from other required agencies, such as FEMA).
(14) Building design. The project shall give due regard to the intent of this chapter to integrate design and appearance within the planned area. Building footprints, building orientation, massing, roof shape and/or pitch shall respect the various elements of the project. The exterior materials should respect the context of the project area (i.e., adjacent to a historic building/neighborhood).
(15) Building height limits. As approved per plan.
(16) Parking. Off-street parking shall be provided, at the time of construction of the main structure or building, with adequate provisions for ingress and egress according to the development plan. In preparing and approving the parking plan, the parking provisions of § 178.145 shall be incorporated, or a divergence requested with approval based upon shared parking opportunities within the proposed development.
(17) Signs. Signs shall conform to provisions of this zoning code or a divergence shall be requested to be approved per plan.
(18) Supplemental conditions and safeguards. The Village Planning Commission and/or Council may impose additional conditions relating to the development with regard to the type and extent of the public improvements to be installed; landscaping; improvements and maintenance of open space areas; and other development characteristics.
(I) Standards.
(1) Adverse affects. The property adjacent to the area included in the plan shall not be adversely affected by encroaching buildings, retention ponds or other drainage paths, vehicular circulation routes, location of refuse collection points, or the proximity of the entry to the new development on the public roadway.
(2) Zoning. The plan is consistent with the intent and purposes of the Village of McComb Zoning Ordinance to promote public health, safety, and general welfare.
(3) Flexibility. The planned residential development approval may provide for such exceptions from the base district regulations governing lot size, and configuration, location and height of buildings, yard requirements, and subdivision standards and regulations, as may be necessary or desirable to achieve the objectives of the proposed development. Such exceptions are to be designed to:
(a) Promote flexibility in design and permit planned diversity in the location of structures;
(b) Promote the efficient use of land to facilitate a more economic arrangement of buildings, circulation systems, land use, and utilities;
(c) Preserve to the greatest extent possible the existing landscape features and amenities and to utilize such features in a harmonious fashion;
(d) Provide for more usable and suitably located recreational facilities and other public and common facilities than otherwise would be provided under conventional land development procedures;
(e) Combine and coordinate architectural styles, building forms and building relationships within the planned residential development; and
(f) Design appropriate setbacks for any one or group of structures and/or the total planned residential development.
(J) Common open space. See § 178.150.
(K) Permitted uses.
(1) Business/residential PMUD. The Business/Residential uses include those provided for the Residential Districts, C-l Local Business and/or C-2 General Business District with the following exceptions: Residential uses permitted in C-l Local Business District and C-2 General Business District according to the design requirements set forth in division (H) above of this section.
(2) Prohibited uses. The following uses shall not be permitted in the Business/Residential PMUD:
(a) Automobile dealerships, new or used;
(b) Auto laundries;
(c) Lumber yards, contractor supply, etc. with outdoor display areas;
(d) Any use requiring outdoor storage/storage yards.
(3) Business/Industrial PMUD. The Business/Industrial uses include those provided for in C-l Local Business District, C-2 Local Business District and 1-1 Light Industry District with the following exceptions:
(a) Vehicle sales - New or used;
(b) Sales operations for boats, campers, trailers, or other recreational vehicles;
(c) Commercial kennels;
(d) Auto laundries;
(e) Trucking operations;
(f) Assembly plants and similar operations;
(g) Mini-storage warehouses;
(h) Storage facilities for building materials, sand, gravel, brick, lumber, and the like;
(i) Storage facilities for contractor's equipment and supplies;
(j) Adult uses.
(4) Temporary structures. Mobile homes and temporary buildings of a non-residential character may be used incidental to construction work on the premises or on adjacent public projects or during a period while the permanent structure is being constructed. The user of said structure shall obtain a permit for such temporary use, which permit shall be valid for six months and may be renewed not more than one time. Renewal of the permit shall be at the discretion of the Village Administrator on finding of reasonable progress toward completion of the permanent structure or project. The Village Administrator may require provisions for sanitary waste disposal, solid waste disposal and water supply, as are deemed necessary. The fees for such permit and renewals thereof shall be established by the McComb Village Council. Said temporary structure shall be removed no later than ten days after expiration of said permit. No such temporary unit shall be occupied as a residence.
(L) Designation.
(1) Public hearing. The Village Planning Commission shall hold a public hearing for preliminary and final development plans.
(2) Public notice. Notice shall be made in a newspaper of general circulation and notices mailed to property owners within and contiguous to and directly across the street from the subject parcel or parcels no less than two weeks prior to the public hearing.
(3) Zoning map overlay. The Village Administrator shall cause the designation to be shown upon the official zoning map as an overlay without changing the underlying zoning.
(4) Notification of designation. Upon designation, the Village Administrator shall promptly notify the Zoning Office.
(M) Amendments.
(1) Application. In the event that an applicant or owner who has obtained approval of a final development plan wishes to change or modify said approved plan in any respect, he or she shall make a detailed written modification request, and file that request and fee with the Village Administrator. The application shall specifically detail the changes requested, and shall state the reasons for all changes requested.
(2) Review and determination. The Planning Commission shall review the amendment request and decide whether the application shall be treated as a major or minor change to the final development plan using the criteria set forth in § 178.050 Minor Changes Definition (Site Plans & Plats).
(3) Major change. If the application is determined to be a major modification request, the matter shall be scheduled for a public hearing before the Village Planning Commission. The Planning Commission shall provide written recommendations for the approval, modification, or denial of the application to the Village Council for final determination.
(N) Decisions by Village Planning Commission. Upon reaching a decision, the Village Planning Commission shall issue an oral decision followed by a written decision within seven days after the date of the hearing, setting forth, with specificity, its findings and analyses.
(O) Appeals.
(1) Appeals of administrative decisions. Applicants may appeal decisions to the Planning Commission. Notice of appeal shall be made within seven days of the date of decision. The Village Council shall consider the appeal at a regularly scheduled meeting within 30 days of receipt of notice of the appeal.
(2) Appeals of Planning Commission decisions. Decisions by the Planning Commission shall be presented to Village Council where decision shall be deemed as the final administrative orders for appellate purposes and shall be thereafter regulated by R.C. Chapter 2506.
(P) Approval period.
(1) Construction begun. If construction of any phase of the approved planned mixed used development begins within two years after approval is granted, the approval shall be valid until the development is completed up to a maximum approval period of ten years from the approval date.
(2) No construction. If no construction has begun within two years after the approval is granted, the Planned Residential Development Overlay shall be void and the land shall revert to the district regulations in which it is located. The Planning Commission may approve an extension of the time limit. A project may not receive more than one extension. A maximum of ten years to complete the project is permitted.
(Ord. O-2019-24, passed 9-9-2019)
§ 178.122 MOD MEDICAL OVERLAY DISTRICT.
(A) Intent. The purpose of the Medical Overlay is to allow for hospitals and areas around them to be developed with a concentration of medical facilities and related uses. The overlay will consider the character of the surrounding neighborhoods and business districts. The Medical Overlay District should have a campus-like atmosphere with pedestrian connections, landscaping, and compatible architecture. The Medical Overlay District is designated in conjunction with the underlying zoning classification. The medical overlay adds permitted and conditional uses to the underlying district. The conversion of existing homes to medical facilities is highly discouraged; rather the construction of new facilities is encouraged.
(B) Permitted use - certificate required. The following uses are permitted in the Medical Overlay District in addition to those allowed per the underlying base zoning district:
(1) Health care clinics;
(2) Health care offices;
(3) Hospitals;
(4) Urgent care or emergency care facilities;
(5) Surgery centers;
(6) Community health centers;
(7) Assisted living facilities;
(8) Nursing home and/or convalescent homes;
(9) Hospice facilities;
(10) Medical-related education and research facilities;
(11) Medical administration offices;
(12) Medical laboratories;
(13) Parking facilities.
(C) Conditional use requiring Planning Commission approval. The following uses are permitted in the Medical Overlay District in addition to those allowed per the base zoning district subject to the following conditions:
(1) Small retail trade.
(a) Must be ancillary or common to areas around medical facilities. Examples include but are not limited to: coffee shops, pharmacies, book stores, florists, medical supply stores, and retail banking.
(b) All retail facilities shall have a maximum square footage of 4,000 square feet.
(c) Buildings along Main Street must be designed to face South Main Street and circulation must be located behind the building.
(d) Drive-thru operations are not permitted, with the exception of retail banking. See division (C)(1)(e) below.
(e) Drive-thru operations for retail banking shall not have more than two drive thru lanes. Automated teller machines (ATM) may not add a third lane or drive, but are permitted in one of the other two lanes. It is encouraged that ATMs be located along a sidewalk to enhance the walkable character of the hospital overlay district.
(f) Signage shall be limited to ground and wall signs only. Low-profile signs shall not exceed six feet in height and 36 square feet per side with a maximum of two sides. Any boundary with a residential use shall have the appropriate landscape buffer per the landscaping ordinance. Due to the campus atmosphere, wayfinding sign permitting per approval of Village Administrator.
(2) Family medical hospitality centers.
(a) Limit of six hospitality centers within the district.
(b) The hospitality centers may be single-family, duplex, or multi-family.
(c) The duplex and multi-family units shall meet the standards for a multi-family living unit.
(3) Borrow pits.
(D) Required building setbacks.
(1) Front yard setback. The front yard setback shall be 30 feet, or the average depth of the front yard setback of the lots on either side; the lesser measurement shall be used. In no case shall the setback be less than 20 feet.
(2) Side yard setback. The side yard setback requirement is ten feet.
(3) Rear yard setback.
(a) Ten feet;
(b) Twenty feet if abutting a residentially zoned district.
(E) Designation and/or expansion of overlay district minimum request.
(1) A minimum of five acres is required to establish or to expand a new or an existing overlay district.
(2) Land use plan. Expansions shall occur in conformance with the village land use plan.
(F) Minimum building separation.
(1) One- and two-story buildings - ten feet.
(2) Buildings over two stories - 25 feet.
(Ord. O-2019-24, passed 9-9-2019)
§ 178.123 UNIVERSITY OVERLAY DISTRICT.
(A) Intent. The purpose of the University Overlay District is to allow post-secondary education institutions and their ancillary uses while preserving the residential character of the surrounding neighborhoods. The university district shall have a campus-like atmosphere with pedestrian connections, landscaping, and compatible architecture. The University District is designated in conjunction with the underlying zoning classification. The University Overlay District adds permitted and conditional uses to the underlying district.
(B) Permitted uses. Uses permitted in the base zoning district.
(C) Conditional uses. The conditional uses permitted in the University Overlay District are subject to division (D) below of this section of the site for which it is proposed. The following uses are permitted subject to the associated conditions:
(1) Universities and colleges. All universities, colleges, and schools are permitted, along with the associated support buildings and uses, on condition they are identified as part of a campus master plan that has been reviewed and adopted by the institution's board of directors and the Village Planning Commission. Structures, buildings, and uses may include but are not limited to:
(a) Concert halls;
(b) Athletic facilities and complexes;
(c) Student life centers;
(d) Dormitories and residence halls;
(e) Faculty housing;
(f) Administration buildings;
(g) Libraries;
(h) Education halls;
(i) Assembly halls;
(j) Theaters;
(k) Parking lots and garages;
(l) Utility stations and infrastructure;
(m) Maintenance facilities.
(2) Fraternity and sorority houses. Subject to the following conditions:
(a) Sanction by Parent Society;
(b) Approval of University;
(c) Compliance with off-street parking requirements per § 178.145 Parking Standards.
(3) Civic uses. Libraries and community centers, public or private. Conditions include:
(a) Access via major or minor thoroughfare;
(b) Hours of operation limited to between 6:00 a.m. and 11:00 p.m.
(4) Passive and active recreational parks. Conditions include:
(a) Hours of operation limited to between 6:00 a.m. and 11:00 p.m.
(b) Parking requirements listed in division (C)(8) below.
(5) Theaters, athletic facilities, and similar places of assembly, for both indoor and outdoor uses. Subject to:
(a) Access via major or minor thoroughfare;
(b) Multiple access points for ingress-egress to site;
(c) Clear passage stacking for a minimum of ten vehicles on site, measuring from the access/right-of-way line;
(d) Low profile signage;
(e) When abutting a residential zoning classification, it must meet screening requirements set forth in § 178.141 Screening;
(f) Waste disposal/trash collection areas may not be located within the base zoning's front, side, or rear yard setbacks.
(6) Commercial uses. The following uses share the same conditions for approval. The conditions are listed in division (C)(7) below.
(a) Professional offices;
(b) Restaurants;
(c) Day care centers;
(d) Art and antique shops;
(e) Bakery - retail;
(f) Bed and breakfasts;
(g) Book stores;
(h) Business services;
(i) Coffee shops;
(j) Convenience stores;
(k) Banks, financial institutions;
(l) Craft supplies;
(m) Dance studios;
(n) Laundromats;
(o) Flower shops;
(p) Food retailing;
(q) Hardware stores;
(r) Health services;
(s) Ice cream shops;
(t) Beauty salons;
(u) Barber shops;
(v) Boarding and lodging houses.
(7) Conditions for commercial uses in the University Overlay District.
(a) Access via major or minor thoroughfare;
(b) Hours of operation limited to between 6:00 a.m. and 11:00 p.m.;
(c) Parking per division (C)(8) below, "Parking Lots";
(d) Low profile signage - A-Frames;
(e) When abutting a residential zoning classification, it must meet screening requirements set forth in § 178.141 Screening.
(f) Waste disposal/trash collection areas may not be located within the base zoning's front, side, or rear yard setbacks.
(8) Parking lots.
(a) Parking must be illuminated.
(b) Parking requirement may be reduced by 50% if the site is connected by dedicated walkway or trail to another park, civic space, or civic use facility (i.e. school, museum, university). A sidewalk does not meet the criteria for the parking exemption.
(c) Parking lots shall be located away from non-university residential areas.
(9) Borrow pits.
(D) Development category.
(1) All uses permitted by the University Overlay District in addition to those expressly permitted in the base zoning district shall be reviewed and approved using criteria established in two categories of development: Small Scale Development, and Large Scale Development.
(2) Building setbacks are based on three categories of height: buildings one or two stories in height, buildings three stories in height or less, and buildings in excess of three stories.
(a) Buildings less than 30 feet tall.
1. Front yard setback - 25 feet.
2. Side yard setback - Five feet; 20 feet if adjacent to single-family residential use.
3. Rear yard setback - 20 feet; 30 feet if adjacent to single-family residential use.
(b) Buildings 30 feet tall or more.
1. Front yard setback - 40 feet.
2. Side yard setback - 20 feet; 30 feet if adjacent to single-family residential use.
3. Rear yard setback - 20 feet; 30 feet if adjacent to single-family residential use.
(E) Design requirements.
(1) Low profile signage and A-frames only.
(2) Screening requirements per § 178.141 Screening.
(3) Waste disposal/trash collection areas may not be located within the base zoning's front, side, or rear yard setbacks.
(4) Parking requirement may be reduced by 50% at the discretion of Planning Commission.
(5) In no instance shall outdoor merchandise be displayed in a required front yard setback.
(Ord. O-2019-24, passed 9-9-2019)
§ 178.124 RIPARIAN CORRIDOR OVERLAY DISTRICT.
(A) Purpose. It is hereby determined that the system of rivers, streams, and other natural watercourses contributes to the health and safety of the residents of the village. The specific purpose and intent of the Riparian Corridor Overlay District is to regulate land use and construction within riparian areas to:
(1) Impact reduction. Reduce flood impacts by absorbing peak flows, slowing the velocity of floodwaters, and regulating base flow;
(2) Watercourse stabilization. Stabilize the banks of watercourses to reduce bank erosion and then downstream transport of sediments eroded from watercourse banks;
(3) Pollutant reduction. Reduction of pollutants in watercourses during periods of high flows by filtering, settling, and transforming pollutants in runoff before they enter watercourses;
(4) Habitat. Provide habitat to a wide array of wildlife by maintaining diverse and connected riparian vegetation; and
(5) Improve city economy. Benefit the village economically by minimizing encroachment on watercourse channels and the need for costly engineering solutions such as dams, retention basins, and rip rap to protect structures by reducing property damage and threats to the safety of watershed residents, and by preserving the character and property values of the village.
(B) Intent.
(1) It is the policy of the village to encourage the establishment of naturally vegetated riparian setbacks along watercourses. Property owners who own land beside watercourses are encouraged to assume responsibility for helping to maintain water quality and the environmental health of riparian systems within the village. Riparian setback requirements defined herein represent only minimal protection to water quality, and property owners are encouraged to do more to protect the ecological health of waterways.
(2) Setbacks along watercourses, including rivers, streams, major and minor tributaries, serve as buffer areas. The District has prepared and adopted plans in preparation of the flood mitigation effort underway to minimize or reduce flooding of the Blanchard River, Maumee River Basin and their tributaries. Once the mitigation effort is complete, the overlay district should be designated on the zoning map.
(3) As an overlay zone, this zoning district imposes additional development standards for new construction beyond those of the underlying zoning district.
(C) Riparian areas defined.
(1) Streams. Streams include rivers, creeks and ditches and appear on at least one of the following maps: USGS topographical map, or soils maps located in the Soil Survey for Hancock County, Ohio, USDA, and NRCS.
(2) 100-year floodplain. The 100-year floodplain shall be defined by FEMA Flood Insurance Rate Map as adopted by Hancock County.
(3) Permitted/conditionally permitted. Permitted and conditionally permitted uses in the underlying zoning district(s) are allowed except for those identified as prohibited uses in division (D) below of this section, and the county.
(D) Prohibited uses. The following uses are expressly prohibited. Where there is a conflict in an underlying zoning district, this section prevails.
(1) Asphalt plants;
(2) Dry cleaners;
(3) Gasoline service stations;
(4) Car washes;
(5) Junkyards;
(6) Landfills or transfer stations;
(7) Recycling center;
(8) Quarries and borrow pits;
(9) Petroleum storage, sales and distribution;
(10) Sand and gravel;
(11) Extraction;
(12) Road maintenance facilities;
(13) Road salt storage;
(14) Underground storage tanks;
(15) Use or storage of any caustic materials.
(E) Prohibited activities. Additionally, the following activities are prohibited:
(1) Construction. Construction of principal or accessory structures and placement of fill, except when constructing an approved stream crossing.
(2) Paving. The creation of new impervious surfaces, unless within a public right-of-way or approved private street constructed as part of a major residential subdivision.
(3) Subsurface activity. There shall be no drilling for petroleum or mineral products, mining activity, altering, dumping, filling or removal of riverine materials or dredging (except as may be necessary as part of a stream restoration project or other similar activity carried out by a government agency or authorized organization).
(4) Clear-cutting. Modification of the natural vegetation shall be limited to conservation maintenance that the landowner deems necessary to control noxious weeds; to such plantings as are consistent with these regulations; to such disturbances as are approved under these regulations; and to the passive enjoyment, access and maintenance of landscaping or lawns existing at the time of passage of these regulations.
(F) Area yard and height regulations. In addition to all area, yard and height regulations established in the underlying zoning district, the following development standards shall apply within the Riparian Corridor Overlay District and to all areas in the village that meet the criteria per division (I) below of this section.
(G) Riparian setback. Widths of buffers are measured as horizontal map distance outward from the ordinary top of the bank on each side of a stream per division (I) below of this section. The following shall apply to the riparian setback:
(1) Delineation. The applicant shall be responsible for delineating the riparian setback and identifying this setback on all subdivisions, site plans, and/or zoning permit applications. This delineation shall be done at the time of application of the preliminary plans, or all plans that are required, or at the time of submission of any permit applications. This delineation may be subject to review and approval by the village. As the result of this review, the village may require further studies from the applicant.
(2) Construction fencing. Prior to any soil disturbing activity, the riparian setback shall be clearly delineated with construction fencing or other suitable material by the applicant on site, and such delineation shall be protected with silt fencing throughout soil-disturbing activities. The delineated area shall be maintained in an undisturbed state unless otherwise permitted by these regulations. Silt fencing shall be removed when a development project is completed and grass and vegetation area is established and stable.
(3) Conformance. No approvals or permits shall be issued by the village prior to the determination of the riparian setback in conformance with this zoning code.
(4) Recording. Upon completion of an approved subdivision, the riparian setback shall be permanently recorded on the plat records for the County of Hancock. The riparian setback area shall be formally defined by a legal description defined by meets and bounds.
(H) Exemptions. The following are exempt from the terms and protection of these regulations: grassy swales, roadside ditches, drainage ditches created at the time of a subdivision to convey stormwater to another system, tile drainage systems, and stream culverts.
(I) Standards and regulations. All areas located within the riparian setbacks as set forth in this section are subject to the standards and regulations. Alteration of this natural area is strictly limited. Except as otherwise provided in these regulations, the riparian setback shall be preserved in its natural state for rivers, creeks and ditches and their respective setbacks as follows:
(1) Rivers - 75 feet from top of bank on each side.
(2) Creeks and ditches - 25 feet from top of bank on each side.
(J) Permitted uses. Within the riparian setback, the following uses and activities are permitted:
(1) Recreation trails. Construction of multiple use recreational trails provided such trails are located at least 20 feet from the ordinary top of bank of the watercourse.
(2) Maintenance. The removal of individual trees that are in danger of falling and causing damage to structures or causing blockage to the stream flow.
(3) Timber cutting. Additionally, timber cutting is permitted when accomplished under the advice and guidance of an appropriate government agency and is necessary to preserve the forest from pest infestation, disease infestation, or fire threat.
(4) Stream crossings. (See Hancock County Flood Damage Reduction Ordinance). Need Ordinances to cover McComb Schroll Ditch and Radar / McComb Ditch and Laterals once available).
(5) Re-vegetation and/or reforestation. Re-vegetation and reforestation of the riparian setback shall be allowed. Information pertaining to species of shrubs and vines recommended for stabilizing flood prone areas along streams may be obtained at the Hancock SWCD.
(6) Best Management Practices. For stream bank stabilization or erosion control, Best Management Practices may be allowed if such practices are within permitted uses by the local, state, and federal government regulations and are ecologically compatible and with the emphasis on the use of natural materials and native plant species where practical and available. Such stream bank stabilization/erosion control practices shall only be undertaken upon approval of Stormwater Pollution Prevention Plan by the village.
(K) Exceptions. The Planning Commission may recommend a variance from the above development standards. Such a variance may include: a reduction in the width of the riparian setback, or a modification of the requirements listed in this section. As a condition for requesting a variance from these regulations, evidence shall be provided that the site and any construction to be done thereon have been reviewed by the Hancock County Engineering Office with recommendations made to the village. Such a variance may be found to be appropriate when it can be shown that strict application of these standards will result in the loss of a reasonable use of a property. Conditions on such variances may include other reasonable and necessary measures to adequately protect the riparian environment, such as erosion control measures and new plantings of native vegetation. Final variance approval then allies with the Village Council.
(Ord. O-2019-24, passed 9-9-2019)