Millersburg City Zoning Code
TITLE FIVE
Zoning Districts
1151.01 REGULATION OF THE USE AND DEVELOPMENT OF LAND OR STRUCTURES.
Regulations pertaining to the use of land and/or structures, and the physical development thereof within each of the zoning districts as established in Chapter 1153, are hereby established and adopted. (Ord. 2004-111. Passed 7-26-04.)
1151.02 IDENTIFICATION OF USES.
Listed uses are to be defined by their customary name or identification, except as specifically defined or limited in the Planning and Zoning Code.
(Ord. 2004-111. Passed 7-26-04.)
1151.03 PERMITTED USES.
(a) Only a use designated as permitted shall be allowed as a matter of right in any zoning district, and any use not so designated shall be prohibited unless:
(1) A permitted use may be added to a zoning district by formal amendment, in conformance with Chapter 1137.
(2) An unlisted use may be determined by the Planning and Zoning Board to be a similar use, in accordance with Section 1151.06.
(b) No more than one (1) permitted residential use shall exist on any one residential zoning lot.
(Ord. 2004-111. Passed 7-26-04.)
(Ord. 2004-111. Passed 7-26-04.)
1151.04 ACCESSORY USES.
An accessory use or structure is a subordinate use or structure clearly incidental and secondary to the principal permitted building or use, and located on the same lot with such principal building or use. Accessory uses or structures shall be allowed in accordance with the specific district regulations, and the requirements of Chapter 1173.
(Ord. 2004-111. Passed 7-26-04.)
1151.05 CONDITIONAL USES.
A use designated as a conditional use shall be allowed in the zoning district where the designation occurs, when such use complies with the requirements found in Section 1141.03 herein. To this end, the Planning and Zoning Board shall, in addition to the development standards for the specific district, set forth additional requirements as will render the conditional use compatible with existing and future use of adjacent lots in the vicinity, in accordance with Chapter 1141.
(Ord. 2004-111. Passed 7-26-04.)
1151.06 SIMILAR USES.
Determination as to whether a use is similar to uses permitted by right shall be considered as an expansion of use regulations of the district and not as a variance applying to a particular situation. Any use found similar shall thereafter be considered as a permitted use in that district.
Applications for zoning permits for uses not specifically listed in the permitted building or use classifications of the zoning district, which the applicant feels qualify as a similar use under the provisions of this Section, shall be submitted to the Planning and Zoning Board.
Within thirty (30) days after such submittal, the Planning and Zoning Board shall determine whether the requested use is similar to those uses permitted in the specific district. In order to find that a use is similar, the Planning and Zoning Board shall find that all of the following conditions exist:
(a) Such use is not listed as a permitted or conditional use in another zoning district.
(b) Such use conforms to basic characteristics of the classification to which it is to be added and is more appropriate to it than to any other classification.
(c) Such use creates no increased danger to health and safety, creates no increased level of noise, vibration, dust, heat, smoke, odor, glare, or other objectionable influences, and does not create traffic congestion to an extent greater than normally resulting from uses listed in the classification to which it is to added.
(Ord. 2004-111. Passed 7-26-04.)
1151.07 DEVELOPMENT STANDARDS.
Development standards set forth shall be the minimum allowed for uses permitted in that district. If development standards are in conflict with requirements of any other lawfully adopted rule, regulation, or law, the most restrictive standard shall govern.
(Ord. 2004-111. Passed 7-26-04.)
1151.08 DEVELOPMENT PLAN.
For particular uses in specific districts, a Development Plan will be cited as required. In such cases, the Development Plan shall be submitted by the applicant at the time of the application for a zoning permit, or at such time when the property is rezoned into that district. The Development Plan shall contain a site plan for the property, drawn to approximate scale, showing all property lines, existing buildings, access drives, parking areas, and other notable physical features. The Development Plan shall also show the location, outlines and size of all proposed structures including the design of all improvements including drainage, private streets, water and sanitary sewer lines, as well as the size, design, materials and location of all signage proposed for the development. The Development Plan shall also contain a narrative description of the proposed use, and a clear evaluation of how such use is likely to impact adjacent property.
The Development Plan shall be reviewed by the Planning and Zoning Board and must be approved as a condition for the issuance of a zoning permit. In reviewing such Plan, the Planning and Zoning Board may seek the input from specific consultants. In approving a Development Plan, the Planning and Zoning Board shall find that the following criteria have been met:
(a) The proposed building or use shall have sufficient yard space to provide for adequate parking and screening of adjacent residential areas as may be required in the Planning and Zoning Code.
(b) The proposed use and structures, as proposed, can be adequately and efficiently served by public streets and utilities.
(c) The location, design and operation of the proposed use shall not impose undue adverse impacts on surrounding residential neighborhoods, and/or the Development Plan for the proposed facility has incorporated measures to lessen and/or alleviate such adverse impacts and protect the character of such adjacent residential areas.
(Ord. 2004-111. Passed 7-26-04.)
1151.09 ESSENTIAL SERVICES.
Essential Services, as defined and specified in Chapter 1113, shall be permitted in any and all zoning districts within the municipality.
(Ord. 2004-111. Passed 7-26-04.)
1153.01 ZONING DISTRICTS ESTABLISHED.
The following zoning districts are hereby established for the Village of Millersburg:
(R-1) Estate Residential District (R-2) Suburban Residential District (R-3) Village Residential District (R-4) Urban Residential District (B-1) Village Business District (B-2) Highway Business District (DB) Downtown Business District (I) Industrial District (SU) Special Use District (MSO) Medical Services Overlay District (FP) Flood Plain Overlay District |
(Ord. 2004-111. Passed 7-26-04.)
1153.02 OFFICIAL ZONING DISTRICT MAP.
The districts established in Section 1153.01 above are shown on the Official Zoning District Map, which together with all notations, references, data, district boundaries and other explanatory information, is hereby adopted as a part of the Planning and Zoning Code. The Official Zoning District Map shall be identified by the signatures of the Mayor and President of Council, and shall be on file in the Village Offices.
(Ord. 2004-111. Passed 7-26-04.)
1153.03 INTERPRETATION OF ZONING DISTRICT BOUNDARIES.
Except where referenced and noted on the Official Zoning District Map by a designated line and/or dimensions, the district boundary lines are intended to follow property lines, lot lines, centerlines of streets, alleys, streams and/or railroads as they existed at the time of passage of the Planning and Zoning Code. The Zoning Inspector shall interpret the boundary lines from the Zoning Map. When and if the Zoning Inspector's interpretation of such boundary line is disputed, the final interpretation authority shall rest with the Planning and Zoning Board.
(Ord. 2004-111. Passed 7-26-04.)
1153.04 NEWLY ANNEXED AREAS.
Subject to the conditions stated below, territory which is annexed into the Village of Millersburg subsequent to the effective date of the Planning and Zoning Code shall, upon the effective date of the annexation, be zoned into the R-1 District. Within three (3) months from the date of annexation, the Planning and Zoning Board shall present a zoning plan for the annexed territory to Village Council, however such plan may be submitted prior to annexation. Village Council may hold a public hearing on the proposed zoning plan, as recommended by the Board. If such hearing is held, notice of such hearing shall be given in a newspaper of general circulation within the municipality not less than thirty (30) days before the date of the hearing. Within thirty (30) days after such hearing, Village Council shall approve, or approve with modification the zoning plan. If such zoning plan is approved by Village Council prior to the effective date of annexation, then the annexed property shall be considered to be zoned as specified in such plan on such date.
Nothing in this Section shall prevent the owner of property within the annexed territory from applying for a zoning amendment, after the effective date of annexation, pursuant to the procedures specified in Chapter 1137.
(Ord. 2004-111. Passed 7-26-04.)
1153.05 ANNUAL FIRE SAFETY INSPECTION.
The owners of all structures located in a Zoning District that is not R-1, R-2, R-3 or R-4, shall schedule an annual fire safety inspection with Holmes Fire District One.
(Ord. 2024-112. Passed 11-11-24.)
1155.01 PURPOSE.
The Estate Residential District is established to permit very low-density residential development in areas of the Village which may not be served by public water and sewer, to conserve such areas for future development and to provide for the continuance of agricultural uses.
(Ord. 2004-111. Passed 7-26-04.)
1155.02 AGRICULTURAL USES DEFINED.
Agricultural use means use of land for growing crops in the open, dairying, pasturage, horticulture, floriculture and necessary accessory uses, including structures typically associated with the implementation of farming operations, and the residence of the person who owns or operates the farm and family thereof Such agricultural use shall not include:
(a) Maintenance and operation of commercial greenhouses or hydroponic farms.
(b) Wholesale or retail sales as an accessory use unless specifically permitted by this chapter.
(c) Feeding, grazing or sheltering of animals in pens or confined areas within 200 feet of any residential use.
(d) The storage or feeding of garbage to animals or operation or maintenance of a commercial stockyard or feed lot.
(e) Raising poultry or fur-bearing animals as a principal use
(Ord. 2004-111. Passed 7-26-04.)
1155.03 PERMITTED USES.
(b) One-family detached dwellings.
(c) Public parks and/or public or private nature preserves, provided that over 85% of the total acreage of such facility is retained in its natural state.
(Ord. 2004-111. Passed 7-26-04.)
1155.04 ACCESSORY USES.
(a) Accessory buildings or structures customarily associated with agricultural and/or single-family residential use, including detached garages or carports, tool or garden sheds, playhouses, swimming pools and tennis courts and similar facilities for primary use by occupants of the principal use of the property on which the facility is located, subject to the requirements of Chapter 1173.
(c) Temporary roadside stands, offering for sale only agricultural products grown on the premises.
(Ord. 2004-111. Passed 7-26-04.)
1155.05 CONDITIONAL USES.
(a) Animal boarding facilities.
(b) Golf courses and/or country clubs, provided a Development Plan showing the location of all facilities is submitted and approved by the Planning and Zoning Board
(Ord. 2004-111. Passed 7-26-04.)
1155.06 DEVELOPMENT STANDARDS.
(a) Lot Area. For each principal permitted use, the lot area shall be not less than 43,560 square feet (one acre).
(b) Minimum Lot Frontage. 200 feet frontage on a dedicated, improved street or highway.
(c) Minimum Front Yard Depth (from center line of roadway). 100 feet.
(d) Minimum Side Yard Width. Twenty (20) feet.
(e) Minimum Sum of Side Yard Widths. Forty (40) feet.
(f) Minimum Rear Yard Depth. Fifty (50) feet.
(g) Maximum Building Height. Thirty-five (35) feet for buildings. Silos, windmills, or any other structure listed as a permitted, accessory or conditional use may exceed this height provided such structures maintain a distance equal to their height to any adjacent property or zoning district.
(Ord. 2004-111. Passed 7-26-04.)
(Ord. 2004-111. Passed 7-26-04.)
1156.01 PURPOSE.
The Suburban Residential District is established to provide for new single-family residential development at densities typical of contemporary suburban environments. The R-2 District is to be utilized in areas on the periphery of the Village that are directly serviceable by public water and sewer.
(Ord. 2004-111. Passed 7-26-04.)
1156.02 PERMITTED USES.
(a) One-family detached dwellings.
(Ord. 2004-111. Passed 7-26-04.)
1156.03 ACCESSORY USES.
(a) Accessory buildings or structures customarily associated with single-family residential use, including detached garages or carports, tool or garden sheds, playhouses swimming pools and tennis courts and similar facilities for primary use by occupants of the principal use of the property on which the facility is located, subject to the requirements of Chapter 1173.
(b) Home occupations, subject to the requirements of Section 1173.02.
(Ord. 2004-111. Passed 7-26-04.)
1156.04 CONDITIONAL USES.
(a) Public parks and open space.
(b) Public playgrounds.
(c) Golf courses and/or country clubs, provided a Development Plan showing the location of all facilities is submitted and approved by the Planning and Zoning Board
(Ord. 2004-111. Passed 7-26-04.)
1156.05 DEVELOPMENT STANDARDS.
(a) Lot Area. 10,000 square feet (.2296 acre)
(b) Minimum Lot Frontage. Eighty (80) feet frontage on a dedicated, improved street or highway. Minimum lot width on curved street shall be forty (40) feet.
(c) Minimum Front Yard Depth. Thirty (30) feet from the street right-of-way
(d) Minimum Side Yard Width. Ten (10) feet.
(e) Minimum Rear Yard Depth. Thirty (30) feet.
(f) Minimum Area of Principal Building. 1,200 square feet of total living area shall be required for a single family dwelling having one story; 1,400 square feet shall be required for single family dwellings with one-and-one-half (1 ½) or two (2) stories.
(g) Maximum Percent of Lot Coverage. Thirty Percent (30%)
(h) Maximum Building Height. Thirty-five (35) feet.
(Ord. 2004-111. Passed 7-26-04.)
1157.01 PURPOSE.
The Village Residential District is established to provide for the continuance of single- family housing within the older portions of the Village of Millersburg, and to allow for limited expansion of such uses in appropriate areas, thereby encouraging the continued improvement of such housing environments and promoting private reinvestment and revitalization, while maintaining adequate development standards.
It is recognized that property in the R-3 District is located in older areas of the Village, and that such areas are likely to be characterized by patterns of mixed land use. Many of these mixed uses are the result of past development practices and might not be allowed under the current provisions of this R-3 District. It is the intent of the Planning and Zoning Code, and this district in particular, to protect and preserve the basic property rights of such existing nonconforming uses. Specific provisions are made for the continuance, substitution and extension of such use, pursuant to Chapter 1145 and Section 713.15 of the Ohio Revised Code.
The district can also be used to allow for new development in outlying areas of the Village by meeting standards intended to promote the historic neighborhood character of such new development. (Ord. 2004-111. Passed 7-26-04.)
1157.02 PERMITTED USES.
(a) One-family detached dwellings.
(b) Public parks, playgrounds and open space.
(Ord. 2004-111. Passed 7-26-04.)
1157.03 ACCESSORY USES.
(a) Accessory buildings or structures customarily associated with single-family residential use, including detached garages or carports, tool or garden sheds, playhouses and/or similar facilities for primary use by occupants of the principal use of the property on which the facility is located, subject to the requirements of Chapter 1173.
(Ord. 2004-111. Passed 7-26-04.)
1157.04 CONDITIONAL USES.
(a) Churches and places of public worship, provided the seating capacity of the sanctuary is not more than 300 persons.
(b) Day-care centers and schools associated with conditionally permitted churches.
(c) Bed-and-Breakfast establishments, subject to the following standards:
(1) The establishment must be operated by the owner-occupant of the premises.
(2) Structures shall maintain the appearance of a single-family residence and be compatible with surrounding residences, in size and scale
(3) All parking shall be provided in the rear yard or in specially designated off- site areas.
(4) Exterior signage shall be limited to a single nameplate not more than two (2) square feet in size. No signs shall be internally illuminated
(5) Accommodations shall be provided for not more than three (3) guests
(Ord. 2004-111. Passed 7-26-04.)
1157.05 DEVELOPMENT STANDARDS.
(a) Minimum Lot Area. 6,000 square feet (.1377 acre).
(b) Minimum Lot Width. Fifty (50) feet of lot width with frontage on a publicly dedicated, improved street or highway.
(c) Minimum Front Yard Depth. Twenty (20) feet, or the distance of the most proximate existing principal structures on the same side of the street and facing thereon within the same block, whichever is less.
(d) Minimum Side Yard Depth. Six (6) feet.
(e) Minimum Rear Yard Depth. Fifteen percent (15%) of lot depth, but not less than Twenty (20) feet.
(f) Maximum Lot Coverage. Buildings and accessory structures shall cover not more than forty-five percent (45%) of the lot .
(g) Minimum Area of Principal Building. 1,200 square feet of total living area shall be required for a single family dwelling having one story; 1,400 square feet shall be required for single family dwellings with one-and-one-half (1 ½) or two (2) stories.
(h) Maximum Building Height. Thirty-five (35) feet.
(Ord. 2004-111. Passed 7-26-04.)
1157.06 ADDITIONAL REQUIREMENTS FOR NEW LOTS DEVELOPED IN THE R-3 DISTRICT.
Presently undeveloped areas outside the older portion of the Village may be developed in the R-3 District, subject to the following regulations:
(a) Adjacent to R-3 District. The property to be zoned for new R-3 development must be located adjacent to an area of the Village zoned in the R-3 District.
(b) Development Plan. A Development Plan shall be required for all new residential development within the R-3 District, containing more than five (5) dwelling units. Such Development Plan shall show the proposed layout of all streets, lots and buildings, as well as the location of all public spaces.
(c) Garages. All garages shall be located within the rear yard.
(d) Street Trees. Street trees shall be required along all new streets developed within R-3 District. The spacing of trees along streets shall be not less than thirty (30) feet on center. A minimum of twelve feet (12') of overall height or a minimum caliper (trunk diameter measured six inches above the ground) of at least two inches (2") shall be required.
(e) Sidewalks. Sidewalks of not less than four (4) feet in width shall be required for both sides of all new streets developed within the R-3 District.
(f) Required Open Space. Not less than 20% of the total net developable area of the proposed development shall be dedicated to permanent open space parks, and/or public spaces. Such open space shall be granted to a homeowner's association, or with the approval of the Village Council may be granted to the Village. For the purposes of this calculation, net developable area shall mean the area of the site proposed for development, minus public and/or private streets and/or alleys.
(Ord. 2004-111. Passed 7-26-04.)
1158.01 PURPOSE.
The Village of Millersburg desires to promote a diverse range of housing opportunities, including but not limited to affordable housing, within the Village. Promoting housing diversity includes providing for particular areas at higher residential density typically associated with more urban areas. Apartments, condominiums and manufactured home developments are uses typically associated with such areas. These higher density areas have unique development characteristics that require special treatment in regard to standards, placement and land use compatibility.
The Urban Residential (R-4) District is established to provide for such areas of higher residential density while encouraging a desirable residential environment, protected from adverse influences, with adequate access for vehicular traffic and circulation. These residential communities shall be developed and located so as to not promote excessive vehicular traffic on streets in adjoining residential areas, and shall provide overall desirability equivalent to that for other forms of residential development.
(Ord. 2004-111. Passed 7-26-04.)
1158.02 PERMITTED USES.
(a) One-family detached dwellings, subject to the standards of the R-3 District.
(b) Individual manufactured homes on individual lots, subject to the standards of the R-3 District.
(c) Manufactured home communities, as defined in Chapter 1113 and subject to approval of a Development Plan as cited in Section 1151.08.
(e) Multiple family structures having two or more dwellings per structure
(f) Senior citizen housing and residential care facilities.
(g) Public or private parks.
(Ord. 2004-111. Passed 7-26-04.)
1158.03 ACCESSORY USES.
(a) Uses incidental and accessory to permitted uses for exclusive use of the residents, to include common recreational facilities, community swimming pools, and offices for the rental and management of units therein.
(b) Temporary buildings for uses incidental to construction work, which shall be removed upon the completion or abandonment of construction work.
(Ord. 2004-111. Passed 7-26-04.)
1158.04 CONDITIONAL USES.
(a) Nursery schools and day care centers
(Ord. 2004-111. Passed 7-26-04.)
1158.05 DEVELOPMENT STANDARDS FOR MANUFACTURED HOME COMMUNITIES.
(a) Water and Sewer. Any development shall be provided with a water and sanitary sewer distribution system, serving each individual housing unit or lot, which is connected to a public water and sanitary sewage system. The design and construction of such distribution systems shall be approved by the Ohio Environmental Protection Agency.
(b) Minimum Lot Area. The minimum lot area for any single project shall be ten (10) acres; however, the Planning and Zoning Board may allow a smaller lot area on a case-by-case basis, following the procedures for a variance pursuant to Chapter 1139. Individual lots within a manufactured home community shall be not less than 4,000 square feet in area. The maximum gross density shall not exceed six (6) dwelling units per acre.
(c) Minimum Lot Width. The minimum lot width for any single project shall be not less than 300 feet. Such frontage shall be provided on a publicly dedicated and improved street. The minimum lot width for any individual lot within a manufactured home community shall be not less than thirty (30) feet.
(d) Minimum Front Yard. The minimum front yard depth for any single project shall be not less than thirty-five (35) feet.
(e) Minimum Side Yard/Rear Yard Width. The minimum side and rear yard width for any single project shall be not less than fifty (50) feet from any adjacent property line. The minimum internal spacing of individual units shall be as required by the Ohio Department of Health (ODH)
(f) Minimum Rear Yard Depth. The minimum rear yard depth for any project shall be not less than fifty (50) feet. The minimum rear yard depth for any individual lot within a manufactured home community shall be not less than ten (10) feet.
(g) Required Open Space and Recreational Areas. At least fifteen percent (15%) of the gross land area for any manufactured home community or multiple-family project shall be reserved for common recreational areas and facilities, such as playgrounds, swimming pools, pedestrian paths, and similar facilities. Such recreational and open space facilities shall be subject to approval by the Planning and Zoning Board, and shall not be a part of streets and/or parking areas, and shall be closed to motorized traffic, except for service and emergency vehicles. Such areas shall be landscaped, improved and maintained by the owner of the development for the intended uses.
(h) Off-Street Parking. Parking spaces shall be provided for two (2) vehicles for each dwelling unit. Such parking spaces may be located on the same lot, or in specially provided common areas located not more than 600 feet from the dwelling which they serve, or some combination thereof. Required parking spaces shall not be provided on public or private streets within and on the perimeter of the community.
(i) Access. All projects shall have direct access to a public street or road. Principal vehicular access points shall be designed to encourage smooth traffic flow. Merging and turnout lanes and/or traffic dividers shall be required where existing or anticipated traffic volumes indicate need. Minor streets shall not be connected with streets outside the district in such a way so as to encourage the use of those streets by substantial amounts of through traffic. No individual lot within the community shall have direct vehicular access to a street bordering the development.
(j) Streets and Street Layout. All streets or drives providing access to the individual lots in a manufactured home community shall be dimensioned and improved in accordance with the current standards and requirements of the Village of Millersburg. The proposed layout of such streets shall be approved by the Planning and Zoning Board. In making such determination, the Commission may procure the assistance of an engineer or other professional. In such case, all costs associated with such approval shall be paid by the applicant .
(k) Storm Drainage. All areas shall be graded and drained so as to minimize standing water and surface runoff. The proposed methods to address standing water and excessive surface runoff shall be submitted by the applicant and approved by the Planning and Zoning Board.
(l) Underground Utilities. All utility lines, including electricity, telephone, and cable television shall be located underground.
(Ord. 2004-111. Passed 7-26-04.)
1158.06 DEVELOPMENT STANDARDS FOR OTHER PERMITTED USES.
(a) Development Plan. A Development Plan shall be required at the time of application for a zoning permit. Such Development Plan shall comply with the standards of Section 1151.08.
(b) Minimum Lot Area. 3,500 square feet per dwelling unit for two-family dwellings. 3,000 square feet per dwelling unit for all other multiple-family dwellings.
(c) Minimum Lot Width. Eighty (80) feet of frontage on a publicly dedicated and improved street or highway.
(d) Minimum Front Yard Depth. Thirty (30) feet.
(e) Minimum Side Yard Width. Twenty-five (25) feet.
(f) Minimum Rear Yard Depth. Forty (40) feet.
(g) Maximum Building Height. Thirty-five (35) feet.
(h) Minimum Distance between Buildings. If there are two or more buildings on a single lot, the minimum distance between buildings shall be fifteen (15) feet.
(i) Storm Drainage. A plan for accommodating storm drainage, showing storm drainage runoff collection points and methods proposed for transport of storm runoff to a suitable outlet must be submitted to and approved by the Planning and Zoning Board and the Village Administrator.
(j) Landscaping. If side or rear yards are located adjacent to a R-2 or R-3 District, landscaping and screening of those yards shall be required. Such landscaping and/or screening shall consist of walls, fencing, mounding, natural vegetation or a combination of these elements.
(Ord. 2004-111. Passed 7-26-04.)
1160.01 PURPOSE.
The purpose of the Village Business District is to provide for the orderly development of neighborhood-oriented small businesses, particularly those serving the personal service needs of residents. Because commercial establishments within the B-1 District are closely associated with the residential land uses, more restrictive requirements related to size and scale, traffic control and landscaping are needed than in other commercial districts.
(Ord. 2004-111. Passed 7-26-04.)
1160.02 PERMITTED USES.
(a) Administrative, business or professional offices not carrying on retail trade with the public and having no stock of goods maintained for sale to customers consisting of:
(1) Brokers and dealers in securities, investments and associated services, not including commercial banks and savings institutions.
(2) Insurance agents and brokers and associated services.
(3) Real estate sales and associated services.
(4) Medical and medical-related activities, but not including veterinary offices or animal hospitals.
(5) Professional, legal, engineering and architectural services, not including the outside storage of equipment.
(6) Accounting, auditing and other bookkeeping services.
(b) Retail Stores primarily engaged in selling merchandise for personal or household consumption, and rendering services incidental to the sale of those goods; provided all storage and display of merchandise shall be within the principal structure; and not including drive-through establishments or businesses selling gasoline or similar fuels. Examples include:
(1) Food and food products.
(2) Proprietary drug and hardware stores.
(3) Similar retail stores, consisting of: florists, gift, antique or second-hand stores, books and newspapers, sporting goods, jewelry, optical goods, and other retail stores which conform to the purpose and intent of the B-1 District.
(c) Personal Services, involving the care of the person and his/her personal effects, consisting of consumer services generally involving the care and maintenance of tangible personal property, except for motor vehicles. Examples include:
(1) Restaurants, but not including restaurants with drive-through facilities.
(2) Banks, savings and loans, and credit agencies, but not including establishments with drive-through facilities.
(3) Barber and beauty shops, having no more than four work stations.
(4) Laundromats and/or dry-cleaning facilities.
(5) Funeral services.
(6) Human medical and/or dental clinics.
(7) Radio, television or small appliance repair.
(8) Commercial photography.
(9) On-premises duplication services.
(d) Nursery schools and day care facilities.
(e) Churches and places of public worship.
(f) Cemeteries. (Ord. 2004-111. Passed 7-26-04.)
1160.03 CONDITIONAL USES.
(a) Veterinary offices, not including outside boarding of animals.
(b) Similar small business uses consistent with the purposes of the B-1 District, subject to the approval of the Planning and Zoning Board, pursuant to Section 1151.06
(c) Class I Type A group residential facilities.
(d) Class II Type A or B group residential facilities.
(Ord. 2004-111. Passed 7-26-04.)
1160.04 DEVELOPMENT STANDARDS.
(a) Development Plan. A Development Plan shall be submitted by the applicant to the Planning and Zoning Board at the time of the proposed rezoning of property into the B-1 District, or for any new proposed use within the B-1 District. Such Development Plan shall show the layout of the site, including proposed structures, driveways, parking areas, vehicular circulation patterns, signage, and the methods proposed to address the proximity of the proposed use to any proximate residential property.
(b) Lot Area. No minimum lot area is required; however, lot area shall be adequate to provide the required parking and yard areas.
(c) Lot Width. No minimum lot width is required; however all lots shall abut an improved public street designated as having not less than secondary collector status. All lots shall have adequate width to provide for required parking and yard area.
(d) Front Yard Setback. The minimum front yard setback shall be the average of the existing adjacent commercial structures on the same side of the street and facing thereon within the same block. Where there are no adjacent commercial structures, the front yard setback shall not be less than twenty (20) feet measured from the street right-of-way.
(e) Side Yards. Fifteen (15) feet, unless adjacent to any district where residences are a permitted use, wherein the side yard shall be no less than thirty (30) feet.
(f) Rear Yards. Twenty (20) feet, unless adjacent to any district where residences are a permitted use, wherein the rear yard shall be no less than forty (40) feet.
(g) Maximum Building Size. Individual uses within B-1 District shall have usable floor area of not more than 4,000 square feet, even if such uses occupy more than one building. Any single building containing multiple uses within the B-1 District shall have a usable floor area of not more than 12,000 square feet.
(h) Lighting. Lighting fixtures within the B-1 District shall be so arranged, shielded and directed so as to not shine directly on any adjacent residential property.
(i) Parking and Loading. Parking and loading requirements shall be as specified in Chapter 1175. Generally, parking areas shall be arranged so as to minimize the visual and functional impacts of business-related parking on any adjacent residential areas. In addition, parking spaces shall be designed to allow a minimum of five (5) feet between structure(s) and any parked vehicle.
(j) Landscaping. The landscaping of all parking and service areas is encouraged in the B-1 District, particularly if side or rear yards are located adjacent to any areas where single-family or two-family residences are permitted uses.
(k) Trash and Garbage Control. All trash and garbage shall be stored in container systems which are located and enclosed so as to effectively screen them from view. The disposal of trash and maintenance of the area shall be the responsibility of the owner of the property.
(l) Outside Vending Machines. Freestanding vending machines located outside the primary or accessory structures shall not be permitted in the B-1 District.
(Ord. 2004-111. Passed 7-26-04.)
1160.05 ACCESSORY USES.
Accessory buildings or structures, including garages, storage, tool, or garden sheds, and/or similar facilities for primary use by occupants of the principal use of the property on which the facility is located, subject to the requirements of Chapter 1173.
(Ord. 2024-113. Passed 11-11-24.)
1161.01 PURPOSE.
The Highway Business District is established to provide areas for the growth of businesses that generate a high degree of commercial activity and high traffic volumes. These uses, by their nature, increase traffic congestion and cause specific impacts on adjacent uses. The intent of the B-2 District is to encourage the most compatible relationship between permitted uses and overall traffic movement within the City, while minimizing negative impacts on adjacent land uses. The B-2 District is intended to be used primarily in new undeveloped areas with direct access to main arterial highways, well isolated from residential areas.
(Ord. 2004-111. Passed 7-26-04.)
1161.02 PERMITTED USES.
(a) Any use or structure specified as a permitted or conditional use in the B-1 District.
(b) Commercial recreational facilities such as community and public swimming pools, skating rinks, bowling alleys, physical fitness centers.
(c) Motor vehicle sales and service establishments, including gasoline service stations.
(d) Industrial product sales, i.e., firms involved with the sale, rent or lease of products intended for commercial or industrial users.
(e) Industrial service, i.e., firms engaged in the repair or servicing of industrial, business or consumer machinery, equipment or products.
(f) Warehousing and distribution, including wholesale sales as a subsidiary activity.
(g) Lumber and home improvement sales.
(h) Hotels and motels.
(i) Garden centers.
(j) Carry out food, beverage and personal service establishments with drive-through facilities.
(k) Similar uses, as determined by the Planning and Zoning Board to be consistent with the purpose of the B-2 District, in accordance with the provisions by Section 1151.06.
(Ord. 2004-111. Passed 7-26-04.)
1161.03 CONDITIONAL USES.
(a) Self-service car washes.
(b) Temporary or seasonal outdoor sales lots having a maximum operating duration of four (4) months, provided all other permits are obtained.
(Ord. 2004-111. Passed 7-26-04.)
1161.04 DEVELOPMENT STANDARDS.
(a) Minimum Lot Area. No minimum lot area is required; however, lot area shall be adequate to provide for the required parking and yard areas.
(b) Minimum Lot Width. 100 feet of frontage on a publicly dedicated and improved street or highway.
(c) Minimum Front Yard Depth. Forty (40) feet, or the average of the front yard depth of the five (5) nearest commercial structures on the same side of the street.
(d) Minimum Side Yard. When abutting a non-residential zoning district: Twenty (20) feet for structures, ten (10) feet for paved areas;
When abutting a residential zoning district: Fifty (50) feet for structures, forty (40) feet for paved areas.
(e) Minimum Rear Yard. When abutting a non-residential zoning district: Thirty (30) feet for structures, ten (10) feet for paved areas;
When abutting a residential zoning district: Fifty (50) feet for structures, forty (40) feet for paved areas.
(f) Building Height. Thirty-five (35) feet.
(g) Parking and Loading. Parking and loading requirements shall be as specified in Chapter 1175. In addition, parking spaces shall be designed to allow a minimum of five (5) feet between any structure and any parked vehicle.
(h) Trash and Garbage Control. All trash and garbage shall be stored in container systems which are located and enclosed so as to effectively screen them from view. The disposal of trash and maintenance of the area shall be the responsibility of the owner of the property.
(Ord. 2004-111. Passed 7-26-04.)
1161.05 ACCESSORY USES.
Accessory buildings or structures, including garages, storage, tool, or garden sheds, and/or similar facilities for primary use by occupants of the principal use of the property on which the facility is located, subject to the requirements of Chapter 1173.
(Ord. 2024-113. Passed 11-11-24.)
1162.01 PURPOSE.
The purpose of the Downtown Business District is to promote and foster the economic and physical revitalization of downtown Millersburg. The standards and requirements of the DB District are based on the following principles:
(a) The downtown should contain a healthy mix of land uses. The marketplace not regulations should be the primary force driving the mix of downtown uses.
(b) The downtown should be particularly receptive to small local-based entrepreneurship and start-up businesses.
(c) The maintenance and improvement of the downtown physical environment is important in promoting an active and vital business environment.
(d) Development standards and regulations should encourage the adaptive use of older structures.
(Ord. 2004-111. Passed 7-26-04.)
1162.02 PERMITTED USES.
(a) Administrative and business offices, including:
(1) Insurance agents and brokers and associated services.
(2) Professional, legal, engineering and architectural services, not including the outside storage or equipment.
(3) Accounting, auditing and other bookkeeping services.
(b) Retail Stores primarily engaged in selling merchandise for personal or household consumption including:
(1) Food and food products, consisting of grocery, meat, fish, fruit or vegetable markets or combinations thereof;.
(2) General merchandise, including limited price variety stores and other similar stores selling a variety of general merchandise.
(3) Similar retail stores selling specialty goods, including: drug stores, hardware and home repair goods, gift, antique and/or novelty stores, etc.
(c) Personal Services, involving the care of the person and his/her personal effects, including consumer services generally involving the care and maintenance of tangible property or the provision of tangible services for personal consumption including:
(1) Restaurants and taverns.
(2) Banks, savings and loans, and credit agencies.
(3) Barber and beauty shops.
(4) Self-service laundries and/or dry-cleaning establishments.
(5) Human medical and/or dental clinics.
(6) Funeral services.
(d) Business Services engaged in the providing of services to business establishments on a fee or contract basis, including consulting services, protective services, office equipment rental, lease or purchase, commercial research and development.
(e) Community facilities such as governmental offices, post office, libraries, museums, private schools, and public parks
(f) Churches and places of public worship
(g) Single-family dwellings, subject to the standards of the R-3 District.
(h) Hotels and Bed-and-Breakfast Establishments
(i) Off-street parking areas
(j) Similar Uses, which conform to the purpose of the Downtown Business District, as determined by the Planning and Zoning Board in accordance with the provisions of Section 1151.06. (Ord. 2004-111. Passed 7-26-04.)
1162.03 CONDITIONAL USES.
(a) Two or more family residences, provided such use is subsidiary to a permitted use and the development standards of the R-4 District related to overall housing density are met, and further provided that said use does not involve the first story.
(Ord. 2009-105. Passed 6-22-09.)
(b) Uses with drive-through facilities, provided a Development Plan is prepared and approved by the Planning and Zoning Board.
(c) Processing, assembly and/or packaging of products or materials, provided such operations are carried out totally within the building, such operations do not produce levels of noise or odors perceptible outside the building, and such use promotes the purpose of the DB District as stated above.
(d) Automobile and vehicle servicing establishments, provided parking for vehicles is located in the side or rear yard.
(e) Similar small business uses consistent with the purposes of the DB District, subject to the approval of the Planning and Zoning Board, pursuant to Section 1151.06.
(Ord. 2004-111. Passed 7-26-04.)
1162.04 DEVELOPMENT STANDARDS.
(a) Lot Area. No minimum lot area is required.
(b) Lot Width. No minimum lot width is required.
(c) Setbacks. The distance between any building or structure and the right-of-way line of any public street shall be not greater than that of the most proximate building on the same side of the street. No minimum side yard setback shall be required, unless the building or structure is located adjacent to the R-3 District, in which case the setback shall be twenty (20) feet.
(d) Maximum Building Size. Individual uses within the DB District shall have a usable floor area of not more than 5,000 square feet, unless the use is located in an existing building, in which case such restriction shall not apply.
(e) Manufactured/Modular Buildings. The use of manufactured and/or modular buildings for business purposes shall be prohibited.
(Ord. 2004-111. Passed 7-26-04.)
1162.05 ACCESSORY USES.
Accessory buildings or structures, including garages, storage, tool, or garden sheds, and/or similar facilities for primary use by occupants of the principal use of the property on which the facility is located, subject to the requirements of Chapter 1173.
(Ord. 2024-113. Passed 11-11-24.)
1164.01 PURPOSE.
The purpose of the (I) Industrial District is to provide suitable areas for a wide range of industrial activities, while protecting the character of nearby residential and commercial areas. Permitted uses within the Industrial District shall comply with the following minimum standards:
(a) Fire and Explosion Standards. All activities, including storage, involving flammable or explosive material shall comply with regulations as enforced by the Ohio State Fire Marshal. All standards enforced by the Occupational Safety and Health Administration shall be adhered to. Burning of waste materials in open fire is prohibited, as enforced by the Ohio Environmental Protection Agency (OEPA)
(b) Air Pollution. No emission of air pollutants shall be permitted which violates the Clean Air Act as enforced by the OEPA.
(c) Glare, Heat and Exterior Light. Any operation producing intense light or heat, such as high temperature processes like combustion, welding, or otherwise, shall be performed within and enclosed building and not be visible beyond the lot line bounding the property whereon the use is conducted.
(d) Liquid or Solid Wastes. No discharge at any point into any public sewer, private sewage disposal system, or stream, or onto the ground, of any materials of such nature or temperature as may contaminate any water supply or interfere with bacterial processes in sewage treatment, shall be permitted. The standards of the OEPA shall apply.
(e) Vibration and Noise. No uses shall be located and no equipment shall be installed in such a manner as to produce intense, earth shaking vibration which is discernable without instruments at or beyond the property line of the subject premises. Noise standards of the OEPA shall be adhered to.
(f) Odors. The applicable standards of the OEPA shall be adhered to.
(g) Open Storage and Display of Material and Equipment. The open storage and display of material and equipment incidental to permitted uses shall be permitted, provided the area used for open storage shall be effectively screened from all adjoining properties in any residential district by means of walls, fences or plantings. Walls or fences shall be a minimum of six (6) feet in height without advertising thereon. In lieu of such wall or fence, a strip of land not less than ten (10) feet in width, planted and maintained with an evergreen hedge or dense planting of evergreen shrubs not less than four (4) feet in height at the time of planting may be substituted. (Ord. 2004-111. Passed 7-26-04.)
1164.02 PERMITTED USES.
(a) Manufacturing, compounding, processing, assembling, packaging, or treatment of goods, materials, and products, consistent with the purposes of the I District.
(b) Warehousing, wholesale establishments, manufacturing retail outlets, distribution and related uses, including truck and transfer terminals.
(c) Administrative, professional and business offices.
(d) Similar uses, as determined by the Planning and Zoning Board, in accordance with the purposes of the Industrial District and the provisions of Section 1151.06.
(Ord. 2004-111. Passed 7-26-04.)
1164.03 CONDITIONAL USES.
(a) Motor vehicle storage and salvage yards, provided those uses meet applicable state requirements related to fencing and other standards, and a Development Plan is approved pursuant to Section 1151.08.
(b) Contractor equipment and storage yards, provided adequate fencing and screening devices are installed.
(c) Quarrying or mining operations, provided that all County, State and federal regulations are met and licenses are obtained and a Development Plan is approved pursuant to Section 1151.08.
(d) Sanitary landfills and similar facilities for the processing and/or disposal of waste materials, provided that all required licenses and permits are obtained and a Development Plan is approved pursuant to Section 1151.08.
(Ord. 2004-111. Passed 7-26-04.)
1164.04 DEVELOPMENT STANDARDS.
(a) Development Plan for New Uses. Industrial uses constructed on land vacant on the effective date of the Planning and Zoning Code must submit a Development Plan. The Planning and Zoning Board shall review such Plan prior to issuance of a zoning permit and may impose additional requirements as may be reasonable and appropriate.
(b) Minimum Lot Area. No minimum lot size is required; however all principal and subordinate uses and structures, including parking and paved areas, shall be located not less than 100 feet from any district where residences are a permitted use, and not less than fifty (50) feet from any other zoning district.
(c) Minimum Lot Width. No minimum lot width is required; however, all lots shall abut a publicly dedicated and improved street and shall have adequate width to provide for yard spaces and parking areas.
(d) Side Yards. When abutting a residential zoning district, 100 feet for structures and fifty (50) feet for paved areas
When abutting a non-residential zoning district, fifty (50) feet for structures and paved areas.
(e) Front Yard Depth. Any structure or parking area must be located not less than fifty (50) feet from the right-of-way of the street or highway on which the use has frontage.
(f) Minimum Rear Yard Depth. Minimum rear yard depth shall be at least thirty (30) feet when abutting a residential district in which case the required rear yard depth shall be fifty (50) feet.
(g) Height. No structure shall exceed a height of fifty (50) feet.
(h) Trash and Garbage Control. All trash and garbage shall be stored in container systems which are located and enclosed so as to effectively screen them from view.
(i) Landscaping. If side or rear yards of any new industrial use, or any expansion of existing industrial use, are located adjacent to any district where single-family residences are a permitted use, landscaping and screening of those yards is required.
Such screening shall consist of walls, landscaped earthen mounds and/or areas of natural vegetation. Such screened areas shall be at least seven (7) feet in height. The use of year-round vegetation, such as evergreens, is encouraged. Landscaped areas shall have at least seventy-five percent (75%) opacity during full foliage.
(Ord. 2004-111. Passed 7-26-04.)
1164.05 ACCESSORY USES.
Accessory buildings or structures, including garages, storage, tool, or garden sheds, and/or similar facilities for primary use by occupants of the principal use of the property on which the facility is located, subject to the requirements of Chapter 1173.
(Ord. 2024-113. Passed 11-11-24.)
1166.01 PURPOSE.
“Special use” as used throughout the Planning and Zoning Code, means facilities classified as main and accessory uses listed in Section 1166.02 below. The SU District and regulations are established in order to achieve the following purposes:
(a) To regulate the location and standards for development of such uses and structures so as to ensure their proper functioning in consideration of traffic, access, and general compatibility.
(b) To protect listed uses from the encroachment of particular incompatible uses and to promote their compatibility with adjoining residential uses.
(Ord. 2004-111. Passed 7-26-04.)
1166.02 PERMITTED USES.
Buildings, structures and land within the SU District shall be utilized only for the uses set forth in the following schedule:
MAIN BUILDINGS/USES | ACCESSORY BUILDINGS/USES |
Civic and Religious: Art galleries, libraries, museums, churches and similar places for public assembly; memorials, monuments, fraternal, organizations and private clubs. | Maintenance facilities and parking areas; signs |
Educational: Primary and secondary public, or parochial schools, nursery schools. | Parking areas, playgrounds |
Health Care: General and special hospitals and clinics, convalescent centers, institutions for human care. | Parking areas, signs. |
Senior Citizen Housing: Retirement centers, extended care facilities. | Parking areas, signs. |
Cemeteries: | Signs, maintenance facilities, mausoleums |
Infrastructure: Buildings housing equipment and offices provision of essential services, but not including actual lines and smaller structures such as pump stations; cellular telephone towers, radio and television antennas and towers. | Parking areas and signs |
Billboards: | |
Commercial Recreational Facilities: Private parks, golf courses, swim clubs, and recreation structures, similar facilities, signs. not including such facilities developed for private use by occupants or residents of the premises. | Parking areas, clubhouses, administrative and maintenance fields and playgrounds. |
Mixed Use Developments: Single parcels of land on which a variety of housing types and densities (perhaps with subordinate commercial facilities) are accommodated in a planned environment | Parking areas, signs |
(Ord. 2004-111. Passed 7-26-04.)
1166.03 DEVELOPMENT STANDARDS.
(a) The area or parcel of land for a special use shall not be less than that required to adequately provide for the main building, accessory buildings and uses, off-street parking, set backs, yards and open spaces to accommodate the facility and maintain the character of the neighborhood. The suitability of the area or parcel of land for a permitted special use shall be approved by the Planning and Zoning Board through review of the Development Plan.
(b) Commercial development permitted in the SU District as part of a mixed-use development shall comply with the development standards of the B-1 District.
(c) The front yard setback shall be not less than the largest required front yard setback for any adjacent zoning district.
(d) The side and rear yards for each building or structure in the SU District shall be not less than the criteria set forth in the following schedule when adjacent to any district where residences are a permitted use.
MAIN BUILDING/USES | MINIMUM SIDE/REAR YARDS (FT.) |
Civic and Religious: Assembly buildings |
75 |
Educational: Public, private and parochial schools |
75 |
Health Care: Buildings |
50 |
Senior Citizen Housing; |
50 |
Cemeteries: |
75 |
Infrastructure: Buildings |
50 |
Towers and antennae |
100% of height
|
Billboards: | |
Commercial Recreation Facilities Buildings |
75
|
Mixed Use Developments: | (to be determined by Planning and Board during review) |
If the proposed special use is located adjacent to a non-residential zoning district, then the side and rear yards shall be not less than the largest yard required in that district. If side or rear yards are adjacent to a district where single-family residential uses are a permitted use, the side and rear yards shall be not less than seventy-five (75) feet.
(Ord. 2004-111. Passed 7-26-04; Ord. 2024-107. Passed 9-23-24.)
1166.04 APPROVAL BY PLANNING AND ZONING BOARD.
In addition to the material required for the application for a zoning amendment, as specified in the Planning and Zoning Code, a Development Plan shall be submitted for land proposed to be zoned into the SU District. Such Development Plan shall include all the information and material required pursuant to Section 1151.08. In making its recommendation to the Village Council on the proposed placement of land into the SU District, the Planning and Zoning Board may propose modification to the Development Plan as submitted. The construction of all buildings and development of the site within the SU District shall be in conformity and compliance with the Development Plan as approved by the Planning and Zoning Board.
(Ord. 2011-101. Passed 2-14-11.)
1166.05 ACTION BY VILLAGE COUNCIL.
In approving the redistricting of land into the SU District, the Village Council may specify appropriate conditions and safeguards applying to the specific proposed facility.
(Ord. 2004-111. Passed 7-26-04.)
1167.01 PURPOSE.
The MSO District is composed of residential and similar areas in close proximity to Pomerene Hospital, as specified on the Official Zoning District Map. The purpose of the MSO District is to allow for the efficient expansion of medical services in such areas while still maintaining the elements of residential character.
(Ord. 2004-111. Passed 7-26-04.)
1167.02 OVERLAY DISTRICT DESIGNATION.
The MSO District is an overlay district. This means that this district shall be superimposed over another zoning district on the Official Zoning District Map. The underlying district shall hereafter be called the base district. Uses and minimum development requirements shall be determined by the base district; however, when the requirements of the Medical Services Overlay District differ from the requirements of the base district, the requirements of this Chapter shall supersede those of the base district.
(Ord. 2004-111. Passed 7-26-04.)
1167.03 PERMITTED USES.
In addition to such uses as may be permitted in the base district, existing or new structures within the MSO District may be used for professional medical services offices and/or clinics, subject to the other provisions of this Chapter.
(Ord. 2004-111. Passed 7-26-04.)
1167.04 DEVELOPMENT STANDARDS FOR NEW STRUCTURES.
New structures within the MSO District shall comply with the development standards for the B-1 (Village Business) District.
(Ord. 2004-111. Passed 7-26-04.)
1167.05 DEVELOPMENT STANDARDS FOR CONVERSION OF EXISTING STRUCTURES.
Existing structures converted to a permitted use in the MSO District shall comply with the setback, yard, lot coverage and area requirements of the base district.
(Ord. 2004-111. Passed 7-26-04.)
1167.06 PARKING AND LOADING.
1167.07 SIGNS.
New or converted structures within the MSO District shall be permitted not more than one (1) sign attached to the structure and one (1) freestanding sign in the front yard not less than ten (10) feet from the street right-of-way. The total area of all signs shall not exceed sixteen (16) square feet.
(Ord. 2004-111. Passed 7-26-04.)
(Ord. 2004-111. Passed 7-26-04.)
1169.01 PURPOSE.
It is the intent of the Flood Plain Overlay (FP) District (FP) to regulate the use of flood plains for purposes which could be detrimental to health and welfare for citizens of the Village. The FP District is an overlay zoning district. This means that the underlying district standards and requirements shall apply in addition to the Flood Plain Overlay District (FP) regulations and requirements. (Ord. 2004-111. Passed 7-26-04.)
1169.02 LANDS SUBJECT TO FLOODING.
For the purpose of the Planning and Zoning Code, “flood plains” are defined as those lands subject to inundation by the 100-year flood. Such areas shall be as identified by the Federal Emergency Management Agency (FEMA) on following Flood Insurance Rate Map, along with any amendments or revisions thereto.
39075C 0040C | December 15, 1990 |
39075C 0110C | December 15, 1990 |
39075C 0050C | December 15, 1990 |
(Ord. 2004-111. Passed 7-26-04.)
1169.03 DEVELOPMENT STANDARDS.
The standards, requirements and administrative procedures for development of land within the FP District shall be as stated in Chapter 1337 of the Codified Ordinances of the Village of Millersburg, Ohio, as amended, and as specified in the underlying zoning district.
(Ord. 2004-111. Passed 7-26-04.)