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Miamisburg City Zoning Code

CHAPTER 1240

Districts Generally and Zoning Map

1240.01 ESTABLISHMENT OF DISTRICTS.

   For the purpose of promoting the public health, safety, morals, convenience, comfort, prosperity and general welfare of the City, the following districts are hereby established:
   R-1   Residential District
   R-2   Residential District
   R-3   Residential District
   R-4   Residential District
   OR-1   Office-Residential District
   OS-1   Office-Service District
   NB-1   Neighborhood Business District
   HS-1   Highway Service District
   GB-1   General Business District
   CBD-1   Central Business District
   CSD-1   Central Service District
   RO-1   Research-Office Light Industrial District
   I-1   Light Industrial District
   I-2   General Industrial District
   MB-1   Mound Business District
   A   Agriculture District
   AR   Agricultural Residential District
   PR   Planned Residential Development District
   PMH   Planned Manufactured and Mobile Home Residential District
   PO   Planned Office District
   PC   Planned Commercial District
   PI   Planned Industrial District
   SDD   Special Development District
   FH   Flood Hazard District
   AO   Austin Center Overlay District
   WF   Wellfield Protection Overlay
(Ord. 2712. Passed 8-1-78; Ord. 5924. Passed 9-19-06; Ord. 6140. Passed 7-7-09; Ord. 6845. Passed 7-21-20; Ord. 6857. Passed 6-2-20.)

1240.02 COMPLIANCE WITH REGULATIONS.

   (a)   The regulations for each district set forth by this Zoning Code shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, except as hereinafter provided.
   (b)   No building, structure or land shall be used or occupied, and no building or structure or part thereof shall be erected, constructed, reconstructed, moved or structurally altered, except in conformity with all of the regulations herein specified for the district in which it is located.
   (c)   There shall be no more than one principal building for each lot or structure in Districts R-1 through R-4. In addition, no building or other structure shall be erected or altered:
      (1)   To provide for greater height or bulk;
      (2)   To accommodate or house a greater number of families;
      (3)   To occupy a greater percentage of lot area; or
      (4)   To have narrower or smaller rear yards, front yards, side yards or other open spaces than herein required;
   or in any other manner contrary to the provisions of this Zoning Code.
   (d)   No yard or lot existing at the time of the passage of this Zoning Code shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this Zoning Code shall meet at least the minimum requirements set forth herein.
   (e)   Except as permitted by other provisions of this Zoning Code, no lot or parcel shall contain any building used in whole or in part for residential purposes unless the front lot line of such lot abuts fully on a dedicated street.
   (f)   In any district where a lot or parcel is being proposed for principal use improvement or development, the City Engineer and Building Inspector shall require highway improvements for the benefit of the public health, safety and welfare and to fulfill the intent of the Master Thoroughfare Plan.
   (g)   In any district where a public sanitary sewer is not available, the minimum lot requirements shall be in conformance with the prevailing Montgomery County General Health District standards as they may be amended.
(Ord. 2712. Passed 8-1-78; Ord. 5304. Passed 12-15-98.)

1240.03 ESSENTIAL SERVICES EXEMPTED.

   The erection, construction, alteration or maintenance by public utilities or Municipal departments or commissions, of overhead, surface or underground gas, electrical, steam or water distribution, transmission, collection, communication, supply or disposal systems, including mains, drains, sewers, pipes, conduits, tunnels, wires, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, towers, poles, electrical substations, gas regulator stations and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utility or Municipal department or commission or for the public health, safety or general welfare, shall be exempt from the regulations of this Zoning Code. However, the installation shall conform to Federal Communications Commission and Federal Aviation Agency rules and regulations, and those of other authorities having jurisdiction.
(Ord. 2712. Passed 8-1-78.)

1240.04 OFFICIAL ZONING MAP.

   (a)   The districts established in Section 1240.01 are shown on the Official Zoning Map, which, together with all explanatory matter thereon, is hereby adopted as part of this Zoning Code.
   (b)   The Official Zoning Map shall be identified by the signature of the Mayor and the attestation of the City Clerk.
(Ord. 2712. Passed 8-1-78.)

1240.05 INTERPRETATION OF DISTRICT BOUNDARIES.

   Where uncertainty exists with respect to the boundaries of any of the zoning districts shown on the Official Zoning Map, the following rules shall apply:
   (a)   Where district boundaries are indicated as approximately following the centerlines of thoroughfares or highways, street lines or highway right-of-way lines, such centerlines, street lines or highway right-of-way lines shall be construed to be such boundaries.
   (b)   Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries.
   (c)   Where district boundaries are so indicated that they are approximately parallel to the centerlines or street lines of streets, or the centerlines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Official Zoning Map. If no distance is given, such dimensions shall be determined by the use of the scale shown on the Official Zoning Map.
   (d)   Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located in the middle of the railroad right-of-way.
   (e)   Where the boundary of a district follows a stream, lake or other body of water, said boundary line shall be deemed to be at the limit of the jurisdiction of the City, unless otherwise indicated.
(Ord. 2712. Passed 8-1-78.)

1240.06 ZONING OF ANNEXED LAND.

   On land hereafter annexed to, or consolidated with, the City, no building or structure shall be erected, enlarged or moved, and no change in the use of the land or existing buildings or structures shall be made, until the proposed use is reviewed by the Planning Commission. Within 30 days of the annexation, the Planning Commission shall file an application for amendment to establish the zoning district classification of such land. Action shall be taken by Council regarding the classification of annexed land within 60 days of its receipt of the amendment from the Planning Commission.
(Ord. 2712. Passed 8-1-78.)