Mcdonald City Zoning Code

TITLE FIVE

Zoning Districts and Regulations

1121.01 DIVISION INTO DISTRICTS.

For the purpose of carrying out the provisions of this Zoning Ordinance, the Municipality is hereby divided into the following districts:

(a) Residential, designated RA Districts.

(b) Duplexes, residential apartments and multiple dwellings, designated RB Districts.

(d) Light industrial, designated IA Districts, and heavy industrial, designated IB Districts.

No building or premises shall be used and no building shall be erected except in conformity with the regulations prescribed herein for the district in which it is located.

(Ord. 3103-11. Passed 12-7-11.)

1123.01 CLASSIFICATION.

For the purpose of this Zoning Ordinance, the various uses of buildings and premises shall be classified as specified in this chapter.

(Ord. 2765-98. Passed 1-21-98.)

1123.02 RA DISTRICTS.

The following uses, and no other, shall be deemed RA uses and permitted in all RA Districts:

(a) Single-family dwelling containing one housekeeping unit and buildings accessory thereto. A single-family dwelling shall not be deemed to include tents, cabins designated for transient tourist trade or trailer coaches.

(b) The taking of boarders or leasing of rooms by a resident family provided the total number of boarders or roomers does not exceed two, in addition to the members of the family, in a dwelling containing one bathroom.

(c) A church, school, public library, parish house, fire station, township hall, publicly-owned park and publicly-owned playground.

(d) A home business maintained to carry on a customary home occupation in a dwelling house used as a private residence, provided such use does not involve an extension or modification of the dwelling and lot upon which the dwelling is located which will alter the outward appearance of the lot and dwelling, and provided such use does not involve any outward evidence of such use other than a sign authorized in other sections of this Zoning Ordinance; and further provided that proper facilities are provided for off-street parking for patrons’ vehicles; and further provided that such occupation does not necessitate the employment of more than two employees in addition to the proprietor’s family; and further provided that not more than twenty-five percent of the dwelling house is used for the home occupation.

(e) The sale of used motor vehicles, watercraft, trailers, or utility trailers of no more than two of any or all of the above at any one time and located in driveways or on the street, when not in conflict with any other village ordinance. They may not be located on lawns nor on adjacent property. For purposes herein, a watercraft on a trailer is considered one unit.

(Ord. 2801-99. Passed 4-7-99.)

(f) A fence or wall shall be considered a structure as defined in Section 1107.28 , and shall be subject to the regulations found in Chapter 1137. In case of a corner lot, this provision also applies to the area between the side yard setback line and right-of-way line for a road or street. No fence, wall or shrubbery shall be maintained near a street or intersection so as to interfere with traffic visibility around the corner.

(g) Accessory buildings, garages and appurtenances shall not be more than fifteen feet in height and shall comply with and be subject to all other requirements of this section.

(h) Accessory buildings, including garages, shall not be permitted to be used as multiple-family dwellings and shall comply with and be subject to all other requirements of this section.

(i) Accessory buildings, including garages, shall not be constructed closer than five feet from any property line.

The above uses shall be permitted only if such uses are not noxious, dangerous or offensive by reason of emission of odor, dust, smoke, gas fumes, noise, flame or vibration and adequate facilities for the storage of refuse, waste, junk and objects to be repaired and disposed of are provided and the same are screened from view. (Ord. 2765-98. Passed 1-21-98.)

1123.03 RB DISTRICTS.

(a) Uses Permitted. The following uses, and no other, shall be deemed RB uses and permitted in all RB Districts.

(1) Any use permitted in an RA District shall be permitted in an RB District.

(2) Duplexes, residential apartments and multiple dwellings, which shall be designated as RB District.

(b) Height and Bulk Requirements.

(1) Rear yard. There shall be a minimum rear yard of not less than forty feet in depth on every lot. For every building more than twenty feet in height, the rear yard shall be increased in depth one foot for each two feet of height of the building over twenty feet from the established grade level.

(2) Side yard. There shall be a side yard on each side of every main building. The minimum width of each side yard shall be thirty feet. If any building exceeds twenty feet in height, the width of each side yard shall be increased by one foot for each two feet of height of the building over twenty feet from the established grade level.

(3) A building permit, issued by the Zoning Inspector, shall be secured for the land use of each separate apartment building. As a prerequisite to the issuance of such permit, the owner or his representative must submit a plot plan to the Inspector, which plot plan shall indicate the final location of each apartment building as surveyed. The plot plan shall be designed to clearly indicate the owner's compliance with height and bulk requirements set forth in subparagraphs (1) and (2) hereof, and the minimum requirement of square footage per family unit.

In order to satisfy the minimum requirement of square footage per family, each apartment building must be constructed on a separate lot the dimensions of which satisfy the square footage minimum requirement and allow for height and bulk requirements.

(c) Plot Plan. As a further condition of the issuance of a building permit for the land use of apartment buildings, the Inspector shall require the owner or his representative to file a proposed plot plan with the County Recorder in accordance with the procedure established by law for the recording of plot plans.

(d) Violation. Upon discovery of any variation from the plot plan submitted, the Inspector shall commence a lawsuit in the appropriate court to enjoin the land use which is in violation of these requirements.

(e) Notification to Zoning Inspector. The owner or his representative, as evidence of his good faith, shall notify the Inspector when construction commences on each building after the issuance of a building permit.

(f) Fences or Walls. A fence or wall shall be considered a structure as defined in Section 1107.28 and shall be subject to the regulations found in Chapter 1137.

In the case of a corner lot, this provision also applies to the area between the side yard setback line and the right-of-way line for a road or street. No fence, wall or shrubbery shall be maintained near a street or intersection so as to interfere with traffic visibility around the corner.

(g) Height Restrictions. Accessory buildings, garages and appurtenances shall not be more than fifteen feet in height and shall comply with and be subject to all other requirements of this section.

(h) Accessory Buildings. Accessory buildings, including garages, shall not be constructed closer than five feet from any property line.

(i) Other Provisions. Other buildings constructed in RB Districts shall be subject to the rest of the provisions of the Zoning Ordinance including minimum lot widths, composition of buildings, minimum floor space, minimum lot area per family, setback building line, corner lots, rear houses, parking facilities, building permits, zoning amendments, definitions, validity and Board of Zoning Appeals actions.

(Ord. 2696-95. Passed 1-4-95.)

1123.04 CA DISTRICTS.

(a) Uses Permitted. Within any CA District, no building, structure or premises shall be used, arranged or designed to be used in any part except for one or more of the following uses. The displaying or merchandise on sidewalks is not permittted.

Any use permitted in RA and RB Districts.

Advertising sign, structure or billboard subject to approval of the Planning Commission.

Assembly auditorium.

Art shop.

Ambulance service.

Barber and beauty shop.

Boarding or rooming house.

Bakery.

Bowling alley.

Book store.

Bank.

Bicycle shop.

Business college.

Blueprinting or copy work.

Blotting works: nonalcoholic beverages.

Confectionery store.

Camera shop.

Catering service.

Drug store.

Dry cleaning establishment, provided no dry cleaning is done on the premises.

Dancing studio.

Department store.

Dairy store.

Drive-in food establishment.

Electrical and electronics business.

Florist or gift shop.

Frozen food locker.

Grocery, fruit, meat or vegetable market or other food retailing establishment.

Fraternal, lodge or union building.

Hardware store.

Health studio.

Interior decorating shop.

Jewelry store.

Laundry, including self-service laundry.

Medical or dental office or clinic.

Music conservatory or instruction center.

Newstand and periodical shop.

Offices, business or professional.

Pawnshop.

Printing, lithographing or publishing.

Photography studio.

Public garage or parking lot.

Radio station, radio and record retail store.

Restaurant, tea room or cafe.

Rug sales and cleaning business.

Shoe store, shoe and leather goods repair shop.

Theater.

Tailor, clothing and wearing apparel shop.

Tourist accommodation, including motels and hotels; when a hotel contains fifty or more rooms or apartments, services such as newstands, barber shops and dining rooms may be permitted provided that such services are conducted entirely within the building and entered into only from within the building.

Undertaking parlor.

Upholstery shop.

Used motor vehicles for sale of not more than two at any one time, provided they are located at least 100 feet from any road, street or highway.

Any other retail business for the convenience of and service to the neighboring

residents, and which in the judgment of the Board of Zoning Appeals is of the same general character as those listed in this section and which will not be detrimental to the district in which located. Uses customarily incident to any of the above uses when located on the same lot, provided:

(1) There shall be no manufacturing, compounding, processing or treatment of products other than that which is clearly incidental and essential to a retail store or business and which will not be detrimental to the district in which they are located.

(2) There shall be no killing and butchering of livestock.

(3) There shall be no filling station or selling of petroleum products.

(4) Such uses, operation or products are not objectionable due to odor, dust, smoke, noise, vibration or other similar unpleasant causes.

Accessory buildings or uses in Commercial Districts, customarily incidental to the above permitted uses.

(b) Height. No building may exceed four stories or fifty feet in height.

(c) Rear Yard. There shall be a rear yard on every lot not less than ten unoccupied feet in depth. For every building more than two and one-half stories or thirty-five feet in height, the rear yard shall be increased in depth one foot for each one foot of height of the building greater than thirty-five feet in height.

(d) Side Yard. There shall be no side yard in any CA District except as herein provided and every building erected shall extend its main structure from side line to side line, provide that where the side line abuts residential property, the building must correspond with the existing residential setback line.

(e) Courts. When a building is designed with a commercial use on the lower floor or floors and with living quarters on the floors above, an outer court may be substituted on the first floor containing living rooms in lieu of the side yard required above. Such court will be not less than five feet in width, increasing by two feet for each additional story wherein living quarters are contained. Wherever any room in which people live and sleep cannot be adequately lighted and ventilated from a street, side yard, rear yard or outer court, an inner court must be provided. The inner court shall be not less than eight feet in width and it shall not be less than twice its width in 1ength.

(f) Setback Line. Each building in a CA District shall be erected on the property line, except, when it abuts residential property, then it must conform to the existing setback line.

(g) Height Restrictions. Accessory buildings, garages and appurtenances shall not be more than fifteen feet in height and shall comply with and be subject to all other requirements of this section. (Ord. 2765-98. Passed 1-21-98.)

1123.05 CB DISTRICTS.

(a) Uses Permitted. Any use permitted in a CA District and in addition, the following uses:

Feed store and pet shop, if wholly within a building.

Public garage and filling station, provided no appliance for dispensing gasoline or oiling or greasing of automobiles is located within twelve feet of any street line.

Motor vehicle sales and service and rental establishment.

Sign painting shop.

Trade or commercial school, provided there are no objectionable features such as noise, odor, or vibration.

Used motor vehicle lot, which consists of three or more used motor vehicles, provided that no such lot shall be illuminated after 9:00 p.m.

Wholesale merchandise, including moving and storage businesses.

Accessory buildings or uses customarily incidental to the above permitted uses.

The above uses shall be permitted only if such uses are not noxious, dangerous or offensive by reason of emission of odor, dust, smoke, gas fumes, noise, flame or vibration, and adequate facilities for the temporary storage of refuse, waste, junk and objects to be repaired and disposed of are provided and the same are screened from view.

(b) Height and Bulk Requirements.

(1) Height. No building may exceed a height equivalent to two times the width of the street upon which the building faces.

(2) Rear yard. Every building shall have a rear yard, the minimum depth of which shall be ten unoccupied feet, increasing by three feet for each story above the first story.

(3) Courts. The regulations and restrictions applicable to CA Districts shall apply to CB Districts.

(4) Side yards. There shall be a side yard on each side of every building or portion of a building used as dwelling. The minimum width of any side yard shall be five feet, increasing by two feet for each additional story above the first story.

(5) Setback line. Where, on any street frontage in a CB District, a specific setback line is indicated on the Zoning Map, such setback line shall be the setback line for that frontage.

(c) Accessory Buildings. An accessory building not more than fifteen feet high may be located in a rear yard, provided the accessory building occupies not more than twenty-five percent of the rear yard area. (Ord. 2765-98. Passed 1-21-98.)

1123.06 IA DISTRICTS.

(a) Purpose. The Light Industrial District, designated as the IA District, is established to encourage the development of manufacturing and warehouse businesses which are clean, quiet, and free of hazardous or objectionable elements such as noise, odor, dust, smoke, or glare, operate generally within enclosed structures, and generate little industrial traffic, and that have external physical effects that in no manner affect in a detrimental way of the surrounding Districts. This District is further designed to act as a transitional use between heavy industrial uses and other less intensive business and residential uses.

(b) Uses Permitted. The following uses, and no other, shall be deemed IA uses and permitted in all IA Districts:

Any use permitted in an RA District, RB District, CA District or a CB District. Manufacturing or assembly processes which by the nature of the materials, equipment, and process used are to a considerable measure clean, quiet and free of objectionable or hazardous elements. Permitted manufacturing or assembly process activities shall consist of the following activities and those of similar nature: bakery goods, candy, cosmetics, toiletries, jewelry, pharmaceuticals, toys, novelties, musical instruments, sporting goods, small household appliances, household goods, and electronic components or equipment.

Contractor’s yards and offices.

Bottling or canning plants.

Office, laboratory, research or testing facilities.

Greenhouses.

Wholesale businesses.

Warehouses.

Public utilities.

Accessory buildings or uses customarily incidental to the above permitted uses.

(c) Conditional Uses. The following conditional uses shall be permitted only if expressly authorized by the Planning Commission or the Zoning Inspector:

Wireless telecommunication towers, facilities or shelters.

Any other uses deemed by the Planning Commission, with the approval of Council, to be of a nature similar as those listed in subsection (b) above.

(d) Area and Height Regulations.

(1) Height. No building may exceed 50 feet in height.

(2) Front yard. There shall be a minimum front yard setback of 25 feet, except where the lot is abutting an RA or RB District, where there shall be a minimum front yard setback of 75 feet.

(3) Rear yard. There shall be a minimum rear yard setback of 10 feet, except where the lot is abutting an RA or RB District, where there shall be a minimum rear yard setback of 50 feet.

(4) Side yard. There shall be a minimum side yard setback of 10 feet, except where the lot is abutting an RA or RB District, where there shall be a minimum side yard setback of 50 feet.

(5) Landscaping. Lots abutting an RA or RB District shall contain a 15 foot buffering strip of approved landscaping adjacent to the RA or RB District.

(e) Performance Standards. Any use within an IA District shall be conducted in accordance with the performance standards set forth in Section 1123.07(e).

(f) Parking. Parking in an IA District shall be in accordance with the regulations set forth in Section 1129.02 .
(Ord. 3103-11. Passed 12-7-11.)

1123.07 IB DISTRICTS.

(a) Purpose. The Heavy Industrial District, designated as the IB District, is established because there are areas within the Village which are used exclusively for heavy industry, manufacturing, processing and related operations that normally require larger land area, create greater traffic volumes and create other conditions that are incompatible with other types of uses. It is the intent of this section that these areas be reserved exclusively for heavy industrial, manufacturing, and related purposes.

(b) Uses Permitted. The following uses, and no other, shall be deemed IB uses and permitted in all IB districts:

Any use permitted in an IA District.

Manufacturing and processing.

Facilities for the mixing or production of concrete, and asphaltic concrete from tars and asphaltic products.

Machine shops and metal fabrication shops.

Food processing and packaging.

Breweries and liquor distilleries.

Forge and foundry work.

Steel, rolling and pipe milling.

Recycling industries.

Truck terminals and freight stations.

Accessory buildings or uses customarily incidental to the above permitted uses.

(c) Conditional Uses. The following conditional uses shall be permitted only if expressly authorized by the Planning Commission or the Zoning Commission:

Any other uses deemed by the Planning Commission, with the approval of Council, to be of a nature similar as those listed in subsection (b) above.

(d) Area and Height Regulations.

(1) Height. No building may exceed 70 feet in height.

(2) Front yard. There shall be a minimum front yard setback of 30 feet, except where the lot is abutting an RA or RB District, where there shall be a minimum front yard setback of 100 feet.

(3) Rear yard. There shall be a minimum rear yard setback of 10 feet, except where the lot is abutting an RA or RB District, where there shall be a minimum rear yard setback of 50 feet.

(4) Side yard. There shall be a minimum side yard setback of 10 feet, except where the lot is abutting an RA or RB District, where there shall be a minimum side yard setback of 75 feet.

(5) Landscaping. Lots abutting an RA or RB District shall contain a 15 foot buffering strip of approved landscaping adjacent to the RA or RB District.

(e) Performance Standards. Any use established with an IA or IB District shall comply with the performance standards set forth hereinafter as a condition to occupancy and use:

(1) Enclosure. All material , equipment, and storage items shall be maintained and stored with an enclosed building or area surrounded on all sides by a solid wall or a minimum six foot high opaque fence with openings no greater than fifteen percent.

(2) Fire and Explosive Hazards. The storage, handling and use of flammable or explosive materials shall be permitted only in structures having incombustible exterior walls, and all operations in connection therewith shall be provided with adequate safety and protective devices against hazards of fire and explosion as well as with adequate fire- fighting and suppression equipment and devices standards to the operation involved.

(3) Dust-Smoke. The emission of smoke, soot, fly “ash” fumes, dust and other types of air pollution borne by the wind shall be controlled so that the rate of emission and quantity deposited at any other district shall not be detrimental to or endanger the public health, safety, comfort, welfare or adversely affect property values.

(4) Odorous Matter. The emission of odorous matter in such quantities as to produce a public nuisance or hazard beyond the lot occupied by the use shall not be permitted.

(5) Toxic or Noxious Matter. The emission of toxic, noxious or corrosive fumes or gases which would be demonstrably injurious to property, vegetation, animals, or human health at or beyond the boundaries of the lot occupied by the use shall not be permitted.

(6) Noise. The sound pressure level of any operation on a lot, other than the operation of auto-calls, bells, motor vehicles, sirens or whistles, shall not exceed the average intensity of the street traffic noise at the nearest residential district, and no sound shall be objectionable due to intermittence, beat, frequency or shrillness.

(7) Vibration. Vibrations shall not be permitted beyond the lot line occupied by the use which would be perceptible without the aid of instruments.

(8) Radioactive or Electrical Disturbances. Radioactive or electrical disturbances shall not be created which would adversely affect any form of life or equipment at or beyond the boundaries of the lot occupied by the use.

(9) Waste Materials. Liquid wastes shall not be discharged into an open reservoir, stream or other open body of water or a sewer unless treated or controlled so that the amount of solid substances, oils ,grease, acids, alkaline, and other chemicals shall not exceed the amount permitted by other codes of the State, County or Village.

(f) Parking. Parking in an IB District shall be in accordance with the regulations set forth in Section 1129.02 .
(Ord. 3103-11. Passed 12-7-11.)

1125.01 PROHIBITED USES.

The following uses shall be deemed to constitute a nuisance and shall not be permitted in any RA, RB, CA, CB, IA or IB District:

(a) Amusement park.

(b ) Aviation field.

(d) Bulk petroleum station with tanks above ground; distilling or crackling plants or plants used in refining of gasoline and oil products.

(e) Distilling of bones, fat or glue; glue or gelatin manufacturing.

(f) Manufacturing or storage of explosives, gun powder or fireworks.

(g) Dumping, storing, burying, reducing, disposing of or burning garbage, refuse, scrap metal, rubbish, offal or dead animals, unless such dumping is done at a place provided or approved by Council for specific purposes. This section shall not be applicable to the normal care of individual lawns or gardens or pursuits incidental to agricultural purposes.

(h) Junk yards, automobile grave yards or places for the collection or sale of scrap metal, salvaged automotive parts, paper, rags, glass, salvage or junk for salvage or storage purposes, storing old tires, except where this use is an integral part in the manufacturing process.

(i) Commercial zoos or zoological parks.

(j) Slaughter houses.

(k) Trailer parks and trailers.

(1) Privies or outside toilet facilities.

(m) Raising minks.

(n) Cellar houses and garage dwellings, unless approved for temporary use by the Board of Zoning Appeals.

(o) The parking or storing of an abandoned, dismantled, wrecked, inoperable, unused and/or unlicensed motor vehicle, trailer, aircraft or piece of farm equipment, or any accumulation or combination thereof, unless parked or stored in a garage, barn or other structure, and not exposed to public view.

(Ord. 2696-95. Passed 1-4-95.)

1125.02 NONCONFORMING USES.

(a) Any lawful building or structure or use in existence on the effective date of this section (Ordinance 1178-72, passed May 2, 1972) shall be considered a nonconforming building, structure or use and therefore, may be continued although such building, structure or use does not conform to the regulations of a district by reason of amendment to the district boundaries of this Zoning Ordinance. Such nonconforming building, structure or use may be continued.

(b) No building or structure, nor the nonconforming use of a building, structure or land shall be hereafter extended or altered unless such extension or alteration shall conform to the provisions of this Ordinance for the district in which it is located; provided however, that a nonconforming use may be extended throughout those parts of the building which were manifestly arranged or designed for use prior to the effective date of this section, provided no structural alterations, except those required by law or ordinance, are made therein.

(c) A nonconforming use may be changed to one of a similar or higher classification, but no building in which a nonconforming use has been changed to a more restricted use shall again be used or occupied by a less restricted use.

(d) Structural alterations of a building or structure which do not conform to the requirements of this Ordinance, may be made only if such building or structure is made to conform to the requirements of the district in which it is located.

(e) No nonconforming use may be re-established where such nonconforming use has been discontinued for a period of at least one year. Any nonconforming building or structure damaged by fire, explosion, flood, riot or act of God may be reconstructed and used as before. Any such calamity, provided the building has not been destroyed to an extent of more than two-thirds of its fair value, and provided such reconstruction takes place within twelve months of the calamity.

(f) No nonconforming sign, billboard or other commercial advertising structure shall be repaired, altered or extended and any such nonconforming sign, billboard or commercial advertising structure shall be entirely and completely removed from the premises not later than three years from the effective date of this section.

(g) For any renewal, reconstruction, enlargement or other change of any nonconforming use, the owner of the premises must make an application to the Zoning Inspector for a Building Permit. (Ord. 2696-95. Passed 1-4-95.)

1127.01 MINIMUM LOT AREA PER FAMILY.

(a) No single-family dwelling shall be erected on less than sixty foot frontage of lot area for previously platted areas and eighty foot frontage of lot area for new future plats.

(b) No two-family dwelling shall be erected or building altered for dwelling purposes to accommodate more than one family on less than 16,000 square feet in lot area.

(c) No apartment house or living quarters over a business establishment shall be erected or building altered into apartments to accommodate more than one family for each 7,500 square feet of lot area.

(d) In computing lot areas, property within the road or street right of way may not be included, in spite of the fact that lot owner holds title to the same.

(e) No lot shall be divided or reduced in size or area so that its dimensions would fall below the minimum requirements of this Zoning Ordinance in regard to lot area, lot width or setback lines. (Ord. 2679-94. Passed 7-20-94.)

1127.02 MINIMUM LOT WIDTH.

No dwelling shall be erected in any district on a lot having frontage of less than sixty feet at the building line for previously platted areas and eighty feet at the building line for future plats. No minimum lot width shall be required in a CA or CB District for uses other than dwellings except such as is necessary to comply with the requirements for yards and lot areas or parking facilities. (Ord. 2679-94. Passed 7-20-94.)

1127.03 MINIMUM USABLE LIVING AREA.

The minimum usable living area of a single-family dwelling shall be not less than 1,100 square feet, exclusive of basements, utility rooms, porches, garages and breezeways.

(Ord. 2679-94. Passed 7-20-94.)

1127.04 SETBACK LINES; RESTRICTIONS ON SIZE OF DRIVEWAYS OR EXTENSIONS THEREOF.

(a) No building or portion thereof, except steps and open or unenclosed porches less than ten feet in width, shall be erected, constructed, reconstructed or altered so as to be located nearer to the street line than forty feet. However, in areas where there is now existing a building line of a different dimension, the property owner shall be required only to conform to the existing building line: in an area where there now exists a varied or staggered building line, the property owner may establish, subject to the approval of the Board of Zoning Appeals, a building line which would retain the continuity or symmetry of the existing building lines.

(1) The setback line on a corner lot shall be in accordance with the provisions of this subsection. However, the side yard clearance on the side street shall be at least fifty percent (50%) of the setback line applicable to the street.

(2) Driveways and extensions thereof, such as parking pads or turn-around pads shall not occupy more than thirty-three percent (33%) of the front yard setback area, shall be paved or otherwise surfaced with an all-weather hard material, and shall be two feet or greater inside side lot line.

(b) In areas where there is now an existing building line scheme of a different dimension than mentioned in subsection (a) hereof, the property owner will be required to conform to the existing building line scheme.

(c) In areas where there now exists a varied or staggered building line scheme the property owner may establish, subject to the approval of the Board of Zoning Appeals at a duly advertised hearing of the Board, a building line which would retain the continuity or symmetry of the existing building line scheme.

(d) Setback lines must conform with local, County or State highway specifications.

(Ord. 2679-94. Passed 7-20-94.)

1127.05 SIDE YARDS; GARAGES AND ACCESSORY BUILDINGS.

For every building erected in an RA District, except accessory buildings, and for any dwelling erected in any district, there shall be a minimum side yard clearance on each side of such building or dwelling of not less than ten feet.

Attached garages or accessory buildings permanently connected with the main building shall be construed to be a part of the main building for the purpose of this section.

Any garages or accessory buildings not connected with the main building but located within twenty feet from such main building shall be subject to the ten feet side yard clearance as indicated above in this section.

Any garages or accessory buildings not connected with the main building but located twenty feet or more away from such main building, may be erected not less than five feet from a side lot line, unless built upon a corner lot, in which case such building shall be subject to side yard clearance as indicated in Section 1127.06.

Any garage or accessory building, or main building, or dwelling, whether attached to the main building or not, shall not be erected any closer than twenty feet from any existing residence on adjacent property.

No side yard clearance shall be required for commercial or industrial buildings in CA or CB Districts. However, for such buildings abutting residential districts or residential dwellings, side yard clearances as set forth above in this section shall be applicable to such buildings.

(Ord. 2679-94. Passed 7-20-94.)

1127.06 CORNER LOTS.

(a) The setback building line scheme on a corner lot shall be in accordance with Section 1127.04(a).

(b) The side yard clearance on the side street shall be at least fifty percent of the

front setback line as provided in Section 1127.04(a).

(c) Accessory buildings shall not be located on corner lots so as to cause a nuisance to adjoining property owners, and the wall of an accessory building may not be closer to the side road or street than the wall of the main building.

(Ord. 2679-94. Passed 7-20-94.)

1127.07 REAR YARDS.

For every building erected in any district there shall be a minimum rear lot clearance at the rear of the building of at least ten feet, which space shall remain open and unoccupied by any building or structure. (Ord. 2679-94. Passed 7-20-94.)

1129.01 PARKING FACILITIES FOR DWELLINGS; RESTRICTIONS FOR PARKING OF NONATTENDED MOTOR VEHICLES.

All single-family or two-family dwellings shall provide off-street parking facilities with means of ingress and egress for not less than two motor vehicles per dwelling unit. Each parking space shall be a minimum of nine feet in width and a minimum of twenty feet in length. The parking of nonattended motor vehicles, watercrafts, trailers, or utility trailers within the front yard setback area shall be restricted to driveways and extensions thereof conforming with Section 1127.04(a)(2). (Ord. 2801-99. Passed 4-7-99.)

1129.02 COMMERCIAL AND MANUFACTURING DISTRICT PARKING.

All CA, CB, IA and IB district uses shall provide off-street parking facilities outside the public right-of-way and not more than 300 feet distant from the entrance to the establishment of an area for parking motor vehicles as provided in the following schedule:

Type of Use	Parking Spaces Required
Commercial:
Automobile service garage which also provide repair	One for each two gasoline pumps and two for each service bay
Hotels, motels	One per each sleeping room plus one for each two employees
Funeral parlors, mortuaries and similar type uses	One for each 100 square feet of floor area in parlors or service rooms.
Recreation and Entertainment:
Dining rooms, restaurants, night clubs, etc.	One for each 200 square feet of floor area
Bowling alleys	Four for each alley or lane plus one additional space for each 100 square feet of the area used for restaurant, cocktail lounge or similar use.
Dance floors, skating rinks	One for each 100 square feet of floor area used for the activity.
Outdoor swimming pools, public, community or club	One for each five persons capacity plus one for each four seats, or one for thirty square feet floor area used for seating, whichever is greater.
Auditoriums, sport arenas, theatres, and similar uses	One for each four seats.
Retail stores	One for each 250 square feet of floor area.
Banks, financial institutions and similar uses	One for each 200 square feet of floor area.
Offices, public or professional administration, or service buildings	One for each 400 square feet of floor area.
All other types of business or commercial uses permitted in any commercial district	One for each 300 square feet of floor area.
Institutional:
Churches and other places of religious assembly	One for each five seats
Hospitals	One for each bed.
Sanitariums, homes for the aged, nursing homes, children homes, asylums and similar uses	One for each two beds.
Medical and dental clinics	One for every 200 square feet floor area of examination, treatment room, office and waiting room.
Libraries, museums and art galleries	One for each 400 square feet of floor area.

Type of Use	Parking Spaces Required
Schools (Public, Parochial or Private):
Elementary and junior high schools	Two for each classroom and one for every eight seats in auditoriums or assembly halls.
High schools	One for every ten students and one for each teacher and employee.
Business, technical and trade schools	One for each two students.
Colleges and universities	One for each four students.
Kindergartens, child care centers, nursery schools and similar uses	Two for each classroom but not less than six for the building.
Manufacturing:
All types of manufacturing, storage and wholesale uses permitted in any manufacturing district	One for every two employees (on largest shift for which the building is designed) Plus one for each motor vehicle used in the business.
Cartage, express, parcel delivery and freight terminals	One for every two employees (on largest shift for which the building is designed) plus one for each motor vehicle maintained on the premises.

General Interpretations:

Fractional numbers shall be increased to the next whole number. In addition to the above, additional parking spaces shall be applicable and provided for businesses or services operated or in conjunction with the main use.

All parking spaces shall have a minimum width of nine feet and a minimum length of twenty feet exclusive of area for maneuverability and ingress and egress.

For a specific use of building not scheduled above, the Zoning Inspector shall apply the unit measurement from the above schedule deemed most similar to the proposed use or building.

(Ord. 2679-94. Passed 7-20-94.)

1129.03 RESIDENTIAL APARTMENT DISTRICT PARKING.

All structures, as described in Section 1123.03 for RB Districts shall provide off-street parking facilities outside the public right of way in addition to the driveway requirement on the lot allocated to that particular building based on the following schedule:

(a) One parking space for each single bedroom, bachelor and efficiency living unit.

(b) One and one-half parking spaces for each living unit of over one bedroom in size.

In addition, in all districts, parking space shall be provided for each employee of the business or use.

In all districts, minimum requirements of off-street parking applicable to any use or building, shall continue unchanged in operation, shall not be used for automobile service or repair and shall not be reduced below the required size as long as the main use remains, unless an equivalent number of parking spaces is provided for the use in another approved location. All parking spaces shall have a minimum width of nine feet and a minimum length of twenty feet exclusive of area for maneuverability and ingress and egress.

(Ord. 2679-94. Passed 7-20-94.)

1129.04 ACCESSWAYS TO PARKING AREAS.

The location and width of entrance and exit driveways to parking areas shall be planned so as to not interfere with the use of adjoining or nearby property or with pedestrian and vehicular traffic on the adjacent streets. (Ord. 2679-94. Passed 7-20-94.)

1129.05 OFF-STREET LOADING FACILITIES.

(a) Loading and unloading off-street facilities and standing space shall be provided for all business and commercial enterprises hereafter erected or altered for such use. The entire area of such facility shall be located to the rear of the setback building line scheme that is applicable or has been established for the street or road on which it is located. The loading and unloading area shall be of such size as to accommodate any truck or vehicle of a size generally serving the business or enterprise.

(b) At least one off-street loading and unloading facility shall be provided each use or building devoted to any business or commercial enterprise having a building floor space or use space of 15,000 to 25,000 square feet. One additional facility shall be added for each additional 20,000 square feet of building floor space or use space or fraction thereof; the off-street loading and unloading facilities shall be maintained as long as the building or use is maintained.

(c) Detailed plot plans of off-street parking and/or loading and unloading facilities shall be submitted for approval by the Zoning Inspector before an application for a building permit is approved. Such plot plans shall show the number of parking spaces and/or loading and unloading facilities and locations, dimensions, and description set forth in the several sections of this Zoning Ordinance. (Ord. 2679-94. Passed 7-20-94.)

1131.01 PRIVATE SWIMMING POOL DEFINED.

A receptacle for water having a water surface area of more than one hundred fifty (150) square feet and a depth greater than twenty-four (24) inches shall be considered to be a private swimming pool for the purpose of these Zoning Ordinances.

(Ord. 2840. Passed 6-21-00.)

1131.02 POOLS RESTRICTED.

Each private swimming pool shall be subject to the following restrictions: A zoning certificate shall be required for each pool, and the applicable specifications in the following sections shall apply to all lands encompassed by this Zoning Ordinance, irrespective of how zoned. (Ord. 2696-95. Passed 1-4-95.)

1131.03 PERMANENT IN-GROUND POOLS.

(a) No portion of a permanent in-ground swimming pool shall be permitted to be closer than five feet from any side property line, nor closer than five feet to the rear property line.

(b) The pool area shall be entirely enclosed by a fence as provided in Section 1137.02. (Ord. 2696-95. Passed 1-4-95.)

1131.04 LARGE ABOVE-GROUND POOLS.

For above-ground swimming pools having a water surface area of more than one hundred and fifty (150) square feet and a depth of greater than twenty-four (24) inches:

(a) No portion of such a pool shall be permitted to be closer than five (5) feet from any side property line, nor closer than five (5) feet to the rear property line.

(b) All ladders or other means of access to the pool must be removed or secured in such a manner so as to prevent access to the pool when it is not in use.

(Ord. 2840. Passed 6-21-00.)

1131.05 OTHER POOLS.

(a) No portion of a pool shall be permitted to be closer than five (5) feet from any side property line, nor closer than five (5) feet to the rear property line.

(b) No zoning certificate shall be required.

(d) Residential yard fences may be substituted for pool fences, where required, if they conform to Section 1137.02.

(e) All ladders or other means of access to the pool must be removed or secured in such a manner so as to prevent access to the pool when it is not in use.

(Ord. 2840. Passed 6-21-00.)

1131.06 DRAINING WATER ONTO ANOTHER’S PROPERTY.

No person shall drain water from a swimming pool onto the premises of another by reason of their use or maintenance of such swimming pool.

Whoever violates the provisions of this section shall be guilty of a minor misdemeanor.

(Ord. 2696-95. Passed 1-4-95.)

1133.01 COMPLIANCE WITH BUILDING CODE; MOVED BUILDING MUST COMPLY; SANITARY PERMIT.

All structures in RA, CA, CB, IA or IB Districts, except dwellings, shall be constructed in accordance with the Trumbull County Building Code requirements for the structure and evidence of State or County approval of plans must be submitted with the request for a building permit.

A building or structure moved upon a parcel of land in the Municipality shall be considered the same as a building or structure originally constructed thereon, and shall meet all the requirements in this Zoning Ordinance before the building or structure is occupied or used.

No building permit for structures which require a sanitary permit from the Trumbull County Health Department may be issued until proof is presented to the Zoning Inspector that the applicant has obtained from the County Health Department a sanitary permit or letter of application. (Ord. 2679-94. Passed 7-20-94.)

1133.02 REAR HOUSES.

No dwelling or apartment house shall be erected, altered or used unless it has access to a public street, and if located in the rear of another building with no immediate street frontage then there shall be provided a permanent easement for access over an unoccupied strip of land at least twenty feet in width and such reserve strip of land may not form a part of any lot width or lot yard or lot area required by this Zoning Ordinance. If more than one dwelling is located in the rear of another building with no immediate street frontage, then the easement for access shall be subject to the same requirements for frontage on the easement for access and other requirements for lot and yard area as though the dwelling was located on a public street. The easement shall be executed in accordance with the requirements provided by law for deeds and filed with the County Recorder. A copy of the easement certified by the County Recorder shall be filed with the Zoning Inspector before issuance of a building permit.

No rear house shall be built any closer than thirty-five feet from the front house or other buildings on the lot, and shall be subject to all other requirements of this Ordinance pertaining to dwellings. (Ord. 2679-94. Passed 7-20-94.)

1133.03 OUTDOOR ADVERTISING.

See Chapter 1325 of the Building Code.

(Ord. 2679-94. Passed 7-20-94.)

1135.01 DEFINITIONS.

(a) “Dish-type satellite signal-receiving antennas” also referred to as “earth stations” or “ground stations” means one, or a combination of two or more of the following:

(1) A signal-receiving device (antenna, dish antenna, or dish-type antenna), the purpose of which is to receive communication or other signals from satellites in earth orbit and other extraterrestrial sources.

(2) A low-noise amplifier (LNA) which is situated at the focal point of the receiving component and the purpose of which is to magnify, store, transfer and/or transmit electronic or light signals.

(3) A coaxial cable the purpose of which is to carry or transmit such signals to a receiver.

(b) “Receiver” means a television set or radio receiver.

(d) “Grounding rod” means a metal pole permanently positioned in the earth to serve as an electrical conductor through which electrical current may safely pass and dissipate.

(Ord. 2696-95. Passed 1-4-95.)

1135.02 PERMIT REQUIRED.

No person, firm, partnership, corporation, trust or other legal entity shall construct an earth station without a permit, nor shall construction commence before a permit is issued. In the event that the dish is thirty-six inches (36") or less in diameter, no permit is required.

(Ord. 2989-06. Passed 4-19-06.)

1135.03 APPLICATION FOR PERMIT.

(a) The owner, or occupant with written permission from the owner, of any lot, premises or parcel of land within the Village, who desires to construct an earth station on such lot, premises, or land parcel, shall first obtain a permit to do so from the Village Building Inspector.

(b) The Building Inspector shall issue such permit, provided the applicant submits a written application upon forms provided and approved by the Building Inspector, along with a plot plan of the lot, premises or land parcel attached, showing the exact location and dimensions of the proposed earth station; a description of the kind of earth station proposed; the exact location and dimensions of all building or structures; construction plans and specifications prepared by the manufacturers design, showing the elevations of proposed earth station upon completion; and a structural engineering analysis. Each application shall specify among other things the name and address of the owner of the real estate; the applicant; the manufacturer who prepared the construction plans and specifications; and the person to be permitted to construct the proposed earth station.

(c) The applicant shall present documentation of the possession of any license or permit required by any federal, state or local agency pertaining to the ownership, construction or operation of an earth station.

(d) The applicant shall make application for a preconstruction permit which will cover the costs of reviewing the construction plans and specifications along with an onsite inspection of the proposed location. No refunds will be granted for preconstruction applications.

(e) Should the Building Inspector issue a permit, the preconstruction fee shall be deducted from the building permit. Notwithstanding anything to the contrary, in the event that the dish is thirty-six inches or less in diameter, no fee is due. All fees are established yearly by Council. (Ord. 2989-06. Passed 4-19-06.)

1135.04 LOCATION OF EARTH STATION.

(a) Ground-mounted.

(1) No earth station shall be constructed in any front or side yard, but shall be constructed to the rear of the residence or main structure.

(2) No earth station, including its concrete base slab or other substructure, shall be constructed less than five feet from any property line or easement.

(3) No earth station shall be constructed without appropriate evergreen landscaping to reasonably conceal said earth station from view, with a landscaping plan to be submitted before construction approval by the Building and Zoning Inspector. The landscaping must be implemented within one year of approval.

(4) No earth station shall be linked, physically or electronically to a receiver which is not located on the same lot, premises or parcel of land, or the adjoining lot as is the earth station.

(5) An earth station shall not exceed a grade height of twelve feet.

(6) Wiring between an earth station and a receiver shall be placed beneath the surface of the ground within rigid conduit.

(7) Such earth station shall be designed to withstand a wind force of eighty miles per hour without the use of supporting guy wires.

(8) Any driving motor shall be limited to 120v maximum power design and be encased in protective guards.

(9) An earth station must be bonded to a grounding rod.

(10) No earth station shall exceed ten feet in diameter.

(b) Roof-mounted and pole mounted.

(1) Earth stations shall be mounted directly upon the roof of a primary or accessory structure, as defined in the Building Code, and must be on the lot where the residence is located, and shall not be mounted upon appurtenances such as chimneys.

(2) Earth stations may be permitted on poles designed for that purpose but must be within two feet of the main structure. Such pole may not exceed the top of the roof of the main structure.

(3) An earth station shall not exceed a height of more than four feet above that upon which it is mounted.

(4) An earth station shall not exceed ten feet in diameter.

(5) An earth station shall be designed to withstand a wind force of eighty miles per hour without the use of supporting guy wires.

(6) Any driving motor shall be limited to 120v maximum power design and be encased in protective guards.

(7) An earth station must be bonded to a grounding rod.

(c) No earth station shall have written upon it any advertising whatsoever, or any written lettering larger than one inch in height.

(Ord. 2696-95. Passed 1-4-95.)

1135.05 APPEALS.

Appeals from decisions of the Building Inspector shall be made to the Board of Zoning Appeals as provided by the Codified Ordinances of the Village.

(Ord. 2696-95. Passed 1-4-95.)

1135.99 PENALTY.

Whosoever violates any of the provisions of this chapter shall be fined not more than two hundred fifty dollars ($250.00). A separate violation shall be deemed to have been committed each day during or on which a violation occurs or continues to occur.

(Ord. 2696-95. Passed 1-4-95.)

1137.01 RESIDENTIAL DISTRICTS.

In each residential district within the Village, no fence shall be constructed or placed on any lot within the district unless it complies with the following provisions:

(a) All types of fences shall have a finished appearance facing abutting property and no part of the foundation or supporting structure of the fence shall extend beyond the property line.

(b) On residential lots having a frontage in excess of fifty feet fences or walls may be constructed in side and rear yards up to the abutting property, but shall not be constructed closer than three feet from the driveway portion of the abutting property line.

(c) On residential lots having a frontage of fifty feet or less, no fence or wall shall be constructed or placed in a side yard closer than two feet to abutting property lines unless the written consent of the contiguous property owners has been secured. The written consent shall be in such form as to convey to the applicant for the building permit the right to repair and maintain such fence. The written consent shall be a covenant that runs with the land and shall be recorded in the County Recorder’s office. Rear yard fences may be constructed up to the abutting property line.

(d) Establishing the abutting property line shall be the responsibility of the owner on whose lot the fence is to be constructed. The Village and/or the Building Inspector shall have no liability in determining the location of the property line.

(e) Front Yard Fences. Front yard fences are prohibited.

(f) Side and Rear Yard Fences. Along side and rear yard, open and solid type fences are permitted to a maximum height of six feet.

(g) Corner Lots. It is the intent of this section to provide a clear zone of twenty-five feet from all intersections for clear visibility of motorists. This twenty-five feet clear zone shall be free from all structures, fences and shrubbery which project into the line of visibility.

(h) Fences may be constructed over a utility easement such as a storm sewer, sanitary sewers or water lines within the Village provided that the owner agrees in writing that he shall assume the full cost of repair to the structure or any part of same which is built over an easement in the event that the Village finds it necessary to disturb such structure or any part of it in maintaining or repairing the utility.

(i) Fences may not be constructed over a drainage ditch, catch basin, drain tile, natural waterway, pond or lake.

(j) Trellises, decorative fences and fences not in excess of three feet in height and used for the purpose of enclosing a garden shall be excluded from the provisions of this chapter.

(Ord. 2768-98. Passed 4-1-98.)

1137.02 SWIMMING POOLS.

All swimming pools which require a building permit shall also receive a fence permit and are subjected to the following:

(a) Every pool heretofore or hereafter constructed shall have erected around it a barrier or fence which shall be of rigid construction and which shall be not less than four feet and not over six feet in height; shall extend to within two inches of the ground and shall contain, except for gates, no openings larger than six inches square. Gates shall be securely locked when such pool is not in use by the owner thereof, or anyone using the same with his permission.

(b) Every large, above-ground pool heretofore or hereafter constructed or placed upon any lot shall have erected around it a barrier or fence which shall be of rigid construction and which shall be not less than four feet or over six feet in height; shall extend to within two inches of the ground and shall contain, except for gates, no openings larger than six inches square. Gates shall be securely locked when such pool is not in use by the owner thereof, or anyone using the same with his permission. If, in the opinion of the Zoning Inspector, the aboveground pool has, by reason of its construction, a barrier not less than four feet in height, which provides the required safety to children and restricts access to the pool, the fence required by this section may be waived.

If a pool structure is less than four feet aboveground, it shall be deemed to be a permanent in ground pool. (Ord. 2696-95. Passed 1-4-95.)

1137.03 PERMIT REQUIRED; FEE.

Before any fences or walls are constructed or placed on any lot within the Village, the owner or person authorized in his or her behalf, shall first receive a permit authorizing the construction or installation of the fence from the Building Inspector. A fee pursuant to the schedule found in Section 1113.02(e) shall be required before any permit is issued.

Council shall be the authority to adjust the fees for fence permits from time to time in order to insure that the cost of administering the fence ordinance is defrayed to the fence permit applicant. The Board of Zoning Appeals, in accordance with their rules of procedure, shall hear and decide appeals arising out of the enforcement of this chapter.

(Ord. 2696-95. Passed 1-4-95.)

1139.01 DEFINITIONS.

“Outdoor Wood Furnace” means any equipment, device, appliance or apparatus, or any part thereof, which is installed, affixed or situated outdoors and is primarily hand-loaded for the purpose of combustion of fuel to produce heat or energy used as a component of a heating system providing heat for any interior space or water source.

(Ord. 3051-09. Passed 2-18-09.)

1139.02 OUTDOOR WOOD FURNACES PROHIBITED.

No person shall install, use or maintain an Outdoor Wood Furnace in the Village of McDonald, Ohio. (Ord. 3051-09. Passed 2-18-09.)

1139.03 EXISTING OUTDOOR WOOD FURNACES.

(a) The lawful use of an existing Outdoor Wood Furnace, installed and in use prior to the effective date of this chapter, may be continued. However, the use of an existing Outdoor Wood Furnace shall not constitute a public nuisance or cause a human health hazard prohibited by this chapter or any chapter or law prohibiting public nuisances.

(b) If the use of an existing Outdoor Wood Furnace creates a public nuisance or causes a human health hazard prohibited by this chapter or any chapter or law prohibiting public nuisances, the Village may:

(1) Provide written notice to the owner to modify the use and/or location of the existing Outdoor Wood Furnace to eliminate the nuisance; and/or

(2) Provide written notice to the owner to cease and desist operating the existing Outdoor Wood Furnace until such time as the nuisance is eliminated.

Failure of an owner to comply with written notice received under this section constitutes a violation of this chapter.

(c) No person shall operate an existing Outdoor Wood Furnace, installed prior to the effective date of this chapter, unless:

(1) Such operation conforms to the manufacturer’s instructions; and

(2) Fuel burned shall be only clean, dry and seasoned wood that is not painted, is not varnished or coated within a similar material, is not pressure treated with preservatives, and does not contain resins or glues; wood pellets, corn products, biomass pellets; or other listed fuels specifically permitted by the manufacturer’s instructions. Further, the following fuels are strictly prohibited:

A. Rubbish or garbage, including but not limited to, food wastes, food packaging, or food wraps;

B. Plastic materials, including but not limited to, nylon, PVC, ABS, polystyrene or urethane foam, or synthetic fabrics, plastic films, or plastic containers;

C. Rubber, including, but not limited to, tires, or other synthetic rubber-like products;

D. Newspaper, cardboard or any paper with ink or dye products; and

E. Any other items not specifically allowed by the manufacturer or this section. (Ord. 3051-09. Passed 2-18-09.)

1139.04 VIOLATIONS AND PENALTIES.

Whoever violates any provision of this chapter shall be guilty of a minor misdemeanor for a first offense and a misdemeanor of the fourth degree for all subsequent offenses. Each day of operation of an Outdoor Wood Furnace in violation of this chapter shall constitute a separate and distinct offense.