Montpelier City Zoning Code
TITLE FIVE
Zoning Districts
1151.01 ESTABLISHING OF DISTRICTS.
(a) In order to carry out the purpose of this Zoning Ordinance, the Municipality, is hereby divided into the following districts, all of which are designated on the Zoning Map by symbols and boundaries, said districts shall be known as:
Title | Abbreviation | |
Residential Districts | ||
One Family Residential | R-1 | |
One & Two Family Residential | R-2 | |
Multiple Family Residential | R-3 | |
Manufactured Housing Park District | R-4 | |
Business Districts | ||
Limited Commercial | C-1 | |
Full Commercial | C-2 | |
Central Business District | C-3 | |
Industrial Districts | ||
Limited Industrial | M-1 | |
General Industrial | M-2 | |
Flood Plain Districts | ||
Flood Plain | FP | |
Village Owned District | ||
Village Owned District | VO | |
(b) Whenever the abbreviated terms such as R-1, R-2, C-1, M-1, etc. are used in this Zoning Ordinance, they shall be construed as referring to their corresponding district titles.
(c) The above classification of districts shall not be construed as an enumeration of most restrictive to less restrictive districts except for the specific purposes set forth in this Zoning Ordinance. (Ord. 1166. Passed 9-24-01.)
1151.02 ESTABLISHMENT OF REGULATIONS.
Any building or parcel of land may be used; and the use of any building and any parcel of land may be changed or extended; and any existing building may be altered, converted, enlarged, reconstructed, moved or maintained, only for the uses specifically enumerated or referred to as permitted, or required, in the district in which the building or parcel of land is located and for no other use.
(a) Main buildings and uses, enumerated in the various use regulations of this Zoning Ordinance shall be permitted, by right, as the principal building, use or activity of a zoning lot only in a district in which it is specifically permitted.
(b) Special uses, are uncommon uses which have characteristics similar to and compatible with those uses enumerated as permitted in a district by right, but since they occur only infrequently it is not reasonable to enumerate all such uncommon uses; they may, however, be added to the enumerations of permitted uses by procedures established in Chapter 1135.
(c) Conditional uses, are certain types of main uses so classified in this Zoning Ordinance because of their uncommon or unique characteristics, large land area requirements or for other reasons, uses which cannot be permitted by right, in specific locations in districts in which they are appropriate and compatible without certain adjustments. The uses which may be considered for conditional approval in specific districts are enumerated throughout the section dealing with "Use Regulations". The procedures and standards for evaluating and approving Conditional Uses are set forth in Section 1177.01.
(d) Accessory buildings and uses, as enumerated in the various use regulations of this Zoning Ordinance shall be permitted as a subordinate building or subordinate use if it is clearly incident to and located on the same zoning lot as the main building or use and if located in a district in which it is specifically permitted. The use, change, extension, exterior alteration, conversion, enlargement, reconstruction, relocation, or maintenance of accessory buildings and land shall be subject to all area, yard, height, off-street parking and all other regulations set forth or referred to for the district in which the accessory building or parcel of land is located and to all other applicable regulations of this Zoning Ordinance.
(Ord. 1166. Passed 9-24-01.)
1151.03 ZONING MAP.
There shall be established and maintained in the Council Chambers of the Municipality, a Zoning Map which shall conform to the provisions of this Zoning Ordinance and all other ordinances and laws pertaining to zoning which are now in effect or which may hereafter be in effect. The Zoning Map shall be kept up to date and reflect any changes in zoning in districts which may hereafter be lawfully adopted. (Ord. 1166. Passed 9-24-01.)
1151.04 DISTRICT BOUNDARY LINES.
The district boundary lines of the Zoning Map enclose an area of a designated district, and generally follow recorded lot lines, the center line of streets, railroad rights-of-way or their extensions, provided, however:
(a) Where the district boundary line is shown by dimension or relationship as being located a specific distance from and/or parallel to a street line, said distance shall control; or
(b) Where a district boundary line is shown as adjoining a railroad, it shall unless otherwise fixed, be construed to coincide with the nearest boundary line of the railroad right-of-way; or
(c) Where a district boundary line divides a parcel of land, the location of such boundary, unless related to fixed points on the property boundary, shall be determined by scale, and each part of the parcel shall comply with the regulations of the district in which it is located; or
(d) Where a district boundary line does not coincide with any of the aforesaid lines, and where it is not located by dimensions or fixed points shown on the Zoning Map, it shall be determined by the scale appearing thereon, and, in cases of other uncertainties, the Council shall determine the exact location.
(Ord. 1166. Passed 9-24-01.)
1151.05 ANNEXED TERRITORY.
All territory which may hereafter be annexed to the Municipality, is already zoned, and shall be continued in its existing zone classification until amended in conformance with the amendment procedures outlined in this Zoning Ordinance and the Ohio Revised Code.
(a) Upon the annexation of territory previously in a township into the Municipality, the zoning classification of said parcel shall be determined by the Council after having first been reviewed and a recommendation forwarded by the Commission.
(b) Unzoned territory annexed from a township shall be zoned and designated R-l Residential by default until such time as a formal zoning designation is made by the Council after upon receiving a report from the Commission.
(c) The Commission shall make a recommendation to the Council relative to the appropriate zoning classification when territory outside the Municipal limits is proposed for annexation to the Village.
(d) Land annexed to the Municipality shall be in conformity with the zoning classifications of this Zoning Ordinance and meet the intent and purpose of the Comprehensive Plan.
(Ord. 1166. Passed 9-24-01.)
1151.06 PARCEL SPLITS.
(a) Parcel splits under five acres in size shall be reviewed by the Commission for conformance to the Zoning Ordinance as stated in Section 1135.03.
(b) The application for approval shall include a survey and legal description of the property in question.
(c) If the proposed subdivision is not contrary to applicable subdivision and zoning requirements, the Commission shall approve such proposed subdivision, and upon presentation of an application for subdivision approval for said parcel and the proposed conveyance, shall stamp "approved by the Montpelier Planning Commission" on said application and conveyance.
(Ord. 1166. Passed 9-24-01.)
1153.01 PERMITTED BUILDINGS AND USES.
Buildings and land shall be used, and buildings shall be erected, altered, moved and maintained only for the uses set forth as permitted in the following schedule:
(a) R-1 One Family Residential District.
STATEMENT OF INTENT: The intent of the R-1 One Family Residential District is primarily for single family residential uses, but also allows institutional and public uses where deemed appropriate by the Commission. In addition, Planned Unit Developments may be permitted as a means to achieve the basic intent of this district, in accordance with the guidelines of Chapter 1179.
(1) Permitted principal uses. Single family residential dwellings and associated accessory buildings and uses (garages, pools, fences, walls, gardens, etc.). (Ord. 1166. Passed 9-24-01.)
(2) Uses permitted by conditional use permit.
A. A conditional land use permit shall be required for the following uses in the R-1 District. (Ord. 2164. Passed 3-17-14.)
B. Home occupations, public and private schools, public libraries and other public government buildings, public parks and playgrounds, cemetery/or mausoleum, churches, country clubs, private and public golf courses, day nurseries for pre-school children, plant nurseries and greenhouses subject to the provisions of this Zoning Ordinance.
(3) Development standards. Land and buildings shall be constructed and occupied only in accordance with the lot, area, and building regulations set forth in this Zoning Ordinance and no building or structure shall be erected, altered or moved except in conformance with Sections 1153.04 (Schedule of Regulations) and 1153.05.
(b) R-2 One And Two Family District.
STATEMENT OF INTENT: The intent of the R-2 One and Two Family Residential District is primarily for single and two family (including duplexes) residential uses, but may also allow institutional and public uses where deemed appropriate by the Village Planning Commission. In addition, Planned Unit Developments may be permitted as a means to achieve the basic intent of this district, in accordance with the guidelines in Chapter 1179.
(1) Permitted principal uses. Single family and two family residential dwellings and associated accessory buildings and uses (garages, pools, fences, walls and gardens) (Ord. 1166. Passed 9-24-01.)
(2) Uses permitted by conditional use permit.
A. A conditional land use permit shall be required for the following uses in the R-2 District. (Ord. 2164. Passed 3-17-14.)
B. Home occupations, public and private schools, public libraries and other public government buildings, public parks and playgrounds, cemetery/or mausoleum, churches, country clubs, private, and public golf courses, day nurseries for pre-school children, community buildings of private developments, plant nurseries and greenhouses subject to the provisions of this Zoning Ordinance
(3) Development standards. Land and buildings shall be constructed and occupied only in accordance with the lot, area, and building regulations set forth in this Zoning Ordinance and no building or structure shall be erected, altered or moved except in conformance with Sections 1153.04 (Schedule of Regulations) and 1153.05 of this Zoning Ordinance.
(c) R-3 Multiple Family Residential District.
STATEMENT OF INTENT: The intent of the R-3 Residential District is to provide for multiple family (two, three and four dwelling unit structures) residential uses in addition to allowing single family residential, institutional and public uses where deemed appropriate by the Commission. In addition, Planned Unit Developments may be permitted as a means to achieve the basic intent of this district, in accordance with the guidelines in Chapter 1179.
(1) Principal permitted uses. Single family, two family, three and four family residential dwellings and associated accessory buildings and uses (garages, pools, fences, walls and gardens)
(Ord. 1166. Passed 9-24-01.)
(2) Uses permitted by conditional use permit.
A. A conditional land use permit shall be required for the following uses in the R-3 District. (Ord. 2164. Passed 3-17-14.)
B. Home occupations, nursing homes, senior apartment buildings (four or less units per structure) public and private schools, public libraries and other public government buildings, public parks and playgrounds, cemetery/or mausoleum, churches, country clubs, private, and public golf courses, day nurseries for pre-school children, plant nurseries and greenhouses, privately operated community building or recreation fields and swimming pools, and community facilities owned and operated by neighborhood organizations subject to the provisions of this Zoning Ordinance. (Ord. 1166. Passed 9-24-01.)
C. Residential structures with more than four dwelling units may be permitted in the R-3 Residential District by conditional land use permit. (Ord. 2208. Passed 10-24-16.)
(3) Development standards. Land and buildings shall be constructed and occupied only in accordance with the lot, area, and building regulations set forth in this Zoning Ordinance and no building or structure shall be erected, altered or moved except in conformance with Sections 1153.04 (Schedule of Regulations) and 1153.05.
(Ord. 1166. Passed 9-24-01.)
1153.02 ACCESSORY USES.
(a) Parking and Garage Facilities. Private and storage garages and open off-street parking areas shall be permitted in residential districts if accessory to a dwelling or institution. Garages, storage sheds, barns, or similar storage buildings, and open off-street parking areas shall not be permitted as the primary use of any lot in a residential district unless considered and approved as a Conditional Use in accordance with the standards and regulations set forth in Section 1177.01. (Ord. 2164. Passed 3-17-14.)
(b) Renting of Rooms. The renting for a resident family member of not more than one room to not more than one person, shall be permitted in any residential district.
(Ord. 1166. Passed 9-24-01.)
1153.03 AREA, YARD AND HEIGHT REGULATIONS.
Land and buildings shall be used only in accordance with the lot area regulations; and buildings shall be erected, altered, moved and maintained only in accordance with the following area, yard and building height regulations:
(a) The area of zoning lot shall not be less than the area in square feet required for each dwelling unit as set forth in Section 1153.04 multiplied by the number of units in the building.
(b) The width of a zoning lot shall be not less than the width required for the type of dwelling or other building permitted in the district in which the lot is located as set forth in this chapter, or as modified in subsequent sections, and shall be measured at the building line. Each one and two family zoning lot shall abut upon a dedicated street for the required lot width, except on curved streets, width at the front line may be less, provided the lot width at the building line meets the required lot width of the particular district.
(c) The front yard depth, or setback, of a zoning lot shall not be less than the depth set forth in Section 1153.04 for the type of dwelling or other building permitted in the district in which it is located.
(d) Two side yards shall be provided for every one and two family dwelling on a zoning lot. Width of side yards on a lot shall not be less than the respective dimensions as set forth in Section 1153.04.
(e) The rear yard depth of a zoning lot for main buildings shall not be less than the depth set forth in Section 1153.04 for the district in which it is located or not less than twenty-five percent (25%) of the depth of the lot, whichever is the lesser. A detached accessory building shall be located in accord with yard regulations as set forth in Section 1153.12. (Ord. 1166. Passed 9-24-01.)
1153.04 SCHEDULE OF AREA, YARD, AND HEIGHT REGULATIONS.
Maximum Yard Depth Dimensions (in feet) | ||||||||
District | Dwelling Type | Minimum lot area per dwelling unit (sq. ft.) | Minimum lot width (in feet) | Front Yard | Side Yard | Rear Yard | Maximum building height (in stories) | Minimum dwelling floor area (in sq.ft.) |
R-1 | one-family | 10,000 | 80 | 30 | 10 | 25 | 2-1/2 | 1,200 |
R-2 | one-family | 8,000 | 70 | 25 | 10 | 25 | 2-1/2 | 1,000 |
R-2 | two-family | 6,000 | 90 | 25 | 10 | 25 | 2-1/2 | 700 |
R-3 | one-family | 6,000 | 50 | 25 | 10 | 25 | 2-1/2 | 900 |
R-3 | two-family | 4,250 | 65 | 25 | 10 | 25 | 2-1/2 | 600 |
R-3 | three-four family | 4,000 | 80 | 25 | 10 | 25 | 2-1/2 | 600 |
R-4 | one-family | 6,500 | 50 | 25 | 10 | 20 | 2-1/2 | 900 |
R-4 | two-family | 4,250 | 65 | 25 | 10 | 20 | 2-1/2 | 600/unit |
R-4 | three-four family | 4,000/unit | 120 | 25 | 10 | 25 | 2-1/2 | 500/unit |
R-4 | apartments | 3,000/ unit | 150 | 25 | 10 | 25 | 3 | 500/unit |
R-4 | Manufactured Home Park | Per ORC | ||||||
(Ord. 1166. Passed 9-24-01.)
1153.05 DEVELOPMENT PLANS.
Development plans for multi-family dwellings shall be submitted to the Commission for review and recommendations. Until found to comply with the provisions of this Zoning Ordinance and approved by the Commission, zoning permits shall not be issued.
(Ord. 1166. Passed 9-24-01.)
1153.06 REQUIRED YARDS TO BE MAINTAINED.
The required yards surrounding an existing building shall not be separated in ownership from the portion of the lot upon which the building is located, and no part shall be considered as providing a required yard for any other existing building on the same or on an adjacent lot. A yard shall not be reduced to less than the required dimensions for the district in which it is located by enlarging an existing building, and a yard of less than the required dimensions shall be open and unobstructed from the ground upward except for accessory buildings as set forth in Section 1153.12 and projections into yards as set forth in Section 1153.13.
(Ord. 1166. Passed 9-24-01.)
1153.07 FRONT YARD AND PARTIALLY BUILT-UP BLOCKS.
Where a building line has not been established, and where fifty percent (50%) or more of the aggregate street frontage between two successive intersecting streets is occupied by buildings of the type and use permitted in the district before the effective date of this Zoning Ordinance, or any amendments thereto, the minimum front yard for new buildings shall be the average setback distance of existing buildings located within 100 feet on either side of a given lot, provided, however, the depth of the front yard resulting therefrom shall be not less than one-half of the dimensions specified in Section 1153.04.
(Ord. 1166. Passed 9-24-01.)
1153.08 SIDE YARDS OF INSUFFICIENT WIDTH.
Where side yards are narrower than required for the district in which the building and lot are located and which was owned separately from all other tracts of land on the effective date of this Zoning Ordinance or any amendment thereto, and is still so owned, the building may be maintained or altered but may not be enlarged in width unless the total width of the side yards complies with the regulations of this Zoning Ordinance. (Ord. 1166. Passed 9-24-01.)
1153.09 YARDS ON CORNER LOTS.
The depth of the front yard on a corner lot shall be not less than the required setback from the front lot line, and the width of the yard on the side street shall be not less than the front yard required for the adjoining lot which abuts said side street, unless shown otherwise on Zoning Map.
(Ord. 1166. Passed 9-24-01.)
1153.10 YARD FOR IRREGULAR LOTS.
The specific yard regulations set forth in this chapter may be modified by the Board of Zoning Appeals in accordance with standards established in Chapter 1139 where the regulations cannot be complied with reasonably as result of irregular shape of lot or for topographical reasons.
(Ord. 1166. Passed 9-24-01.)
1153.11 YARD OF INSTITUTIONS IN RESIDENTIAL AREAS.
Front yards shall be provided for institutional buildings permitted in certain residential districts in accordance with requirements for residential buildings as set forth in Section 1153.04 or as set forth on the Zoning Map. Side and rear yards shall be determined by the Commission for each institution, however, in general, the yards shall be not less than, or the building coverage of the lot shall not exceed, the requirements set forth in the following schedule:
Main building and uses | Minimum Yard Side & Rear (ft.) | Maximum Lot Coverage (%) |
Public and parochial schools except nursery schools | 20 | 25 |
Churches and senior residential facilities | 20 | 50 |
Hospitals, medical clinics, and children’s homes | 30 | 50 |
Library and other government buildings | 30 | 50 |
(Ord. 1166. Passed 9-24-01.)
1153.12 YARDS FOR ACCESSORY BUILDINGS AND USES.
(a) Any accessory use permitted in a residential district may either occupy a part of the main building, occupy a separate accessory building or constitute an accessory land use.
(Ord. 1166. Passed 9-24-01.)
(b) Any accessory building shall be located not less than ten (10) feet from any dwelling on an adjacent residential lot and shall not project into a front yard. An accessory building may, however, be located in a rear or side yard but not less than five (5) feet from a rear or side lot line. On corner lots, an accessory building shall be set back from the side street line not less than required front yard setback for the adjacent main building of the abutting lot. Accessory buildings in residentially zoned districts shall not exceed the height of the dwelling on the property.
(Ord. 2164. Passed 3-17-14.)
1153.13 PROJECTIONS INTO YARDS.
A projection is that part or features of a building which extends or projects outside of the enclosing walls. It is intended that certain building features may project into required yards but they shall be regulated so as not to substantially interfere with the receipt of sun, light, air, and use of adjacent lots as follows:
(a) Architectural features, a belt-course, balcony, cornice, gutter, or chimney may project into a front and side yard for a distance of six feet provided no part is less than three feet to any side lot line.
(b) Entrance features, an open platform, landing, steps, terrace or other features not extending above the first floor level of a building may extend six feet into a front yard and three feet into a side yard.
(c) Enclosed shelters, an enclosed entry or porch shall not project into any required yard area.
(d) Unenclosed shelters, an entrance hood, or open but roofed porch may project six feet into a front yard and three feet into a side yard.
(Ord. 1166. Passed 9-24-01.)
1153.14 BUILDING PERMITTED ON ZONED LOT.
(a) There will be no more than one one-family dwelling, or where permitted, one two- family dwelling on a zoned lot; there may be no more than one multi-family dwelling on a lot zoned R-3; furthermore, there may be more than one multiple family building on a parcel zoned R-4. No more than two accessory buildings, including unattached garages, may be placed on the same zoned lot with a main building provided such accessory buildings are constructed subsequent to the main building.
(b) No one or two family dwelling shall be located to the rear of any building on the same lot or on another lot which does not have the required frontage on a dedicated street, however, a group of multi-family buildings may be arranged in groups and not directly front on a dedicated street.
(Ord. 1166. Passed 9-24-01.)
1153.15 REQUIRED LOT AREA TO BE MAINTAINED.
(a) A parcel of land may be subdivided into two or more parcels, provided all lots resulting from such division shall conform to all the lot area and width regulations of the district in which it is located. A lot of record which conforms to the provisions of this Zoning Ordinance and which was owned separately from adjoining lots on the effective day of this Zoning Ordinance or an amendment thereafter which affected its conformity, shall not be reduced in any manner which would make it nonconforming.
(b) The lot area or any part thereof required for a dwelling or other use shall not be considered as providing any part of the required lot area for another dwelling or use.
(Ord. 1166. Passed 9-24-01.)
1153.16 LOTS OF RECORD OF INSUFFICIENT AREA.
A lot of record which does not comply with the lot width regulations of the district in which it is located on the effective date of this Zoning Ordinance or any amendment thereto which made it nonconforming, may be used as follows:
(a) If occupied by a building, such building may be maintained, repaired or altered, provided however, the building may not be enlarged in floor area unless the depth of front yard, total width of side yards and the rear yard regulations are complied with.
(b) If vacant, the lot may be used provided that:
(1) No adjoining vacant lot or parcel of land was owned by the same owner on the effective date of this Zoning Ordinance.
(2) Not owning adjoining land, other vacant land cannot be equitably acquired adjoining the lot; and
(3) All other regulations of this Zoning Ordinance, except the lot area and lot width regulations, shall be complied with.
(Ord. 1166. Passed 9-24-01.)
1153.17 DWELLING UNIT AREA REQUIREMENTS.
In order to provide healthful living conditions and to preserve the character of the neighborhood, dwellings shall be erected, altered, moved, maintained or occupied only in accordance with the following standards establishing minimum areas of dwelling units.
(a) Area of a dwelling unit shall be the sum of the gross floor above the basement level, and not more than three feet below finished grade; rooms above the first floor may be included which are directly connected by a permanent stairs and hall, and spaces under pitched roofs having a minimum knee wall height of four feet in one-half of the room area has a minimum ceiling height of seven feet.
(b) The area for frame buildings shall be measured from the exterior face of the enclosed walls at the respective floor line. For brick veneer building no more than four inches of exterior wall thickness may be included in the area calculation. For two-family and multi-family dwellings, where applicable, measurements will be made to the centerline of party walls. All areas within will be made to the centerline of party walls. All areas within garages and porches, public halls and general storage rooms in multi-family dwellings shall be excluded in this measurement.
(c) The minimum area of a Dwelling Unit shall be not less than established in Section 1153.04. (Ord. 1166. Passed 9-24-01.)
1153.18 LOCATION OF UTILITIES.
(a) Public utility uses and distributing equipment for a public utility, due to its essential nature, shall be permitted in any zoning district. However, where such public utility uses are proposed to be located across, or on unplatted lands, such uses shall be subject to the issuance of Conditional Use Permits in accordance with the provisions of Section 1177.01.
(b) The regulations herein governing lot size shall not apply to any lot designed or intended for a public utility and public service use when the area involved is deemed appropriate for such use by the Commission.
(Ord. 1166. Passed 9-24-01.)
1153.19 TEMPORARY BUILDING AND ENCLOSURES.
(a) Permitted Buildings and Uses. Temporary structures may be permitted in any residential district if any such structures are deemed necessary for construction operations of the dwelling and accessory buildings of the area of which a building permit has been issued, provided:
(1) Such structures shall be limited to offices, yards and buildings for the storage of lumber, equipment and other building materials, workshops for prefabrication building components. Semi-trailers can be used as temporary structures for storage but not as a permitted building.
(2) The operations and activities carried on within such structures shall not adversely affect the use of nearby dwellings by reason of noises, smoke, dust, odors, fumes, vibration, electrical disturbances or glare to a greater extent than normal in a residential district that is being developed.
(b) Removal of Structures. All temporary structures shall be removed within thirty days after the completion of work on the premises for which a permit has been issued or if construction is not pursued diligently.
(Ord. 1166. Passed 9-24-01.)
1153.20 PARKING.
Parking in any residential district shall be in accordance with regulations set forth in Chapter 1185. (Ord. 1166. Passed 9-24-01.)
1153.21 SIGNS.
Signs in any residential district shall be designed, erected, altered, moved and maintained in whole or in part, in accordance with regulations set forth in Chapter 1171.
(Ord. 1166. Passed 9-24-01.)
1153.22 RESIDENTIAL DESIGN STANDARDS.
(a) Scope. The purpose of this section is to establish standards governing the design and appearance of all single and two unit residential structures, including mobile homes and manufactured housing, when developed on individual lots or home sites in the Municipality. It is the intent of these regulations to allow a mix of housing types and living styles in a manner which will not adversely affect existing neighborhoods. Any residential structure shall be erected or constructed only if in compliance with the following residential design standards. Permanently sited manufactured housing units shall comply with all regulations normally required for site-built housing in the zoning district in which it is located, unless specifically indicated otherwise herein.
(b) General Requirements.
(1) Area and Bulk Regulations. Any residential structure, including any permanently sited manufactured housing unit, shall comply with the minimum floor area requirements specified for the zoning district where such structure is located.
(2) Foundation. Any residential structure including a permanently sited manufactured housing unit, shall be placed on a permanent foundation to form a complete enclosure under the exterior walls. A manufactured housing unit shall be securely anchored to its foundation in order to prevent displacement during windstorms. The wheels, tongue and hitch assembly, and other towing appurtenances, shall be removed before attaching a manufactured home to its permanent foundation.
(3) Other Regulations. Residential structures shall be constructed in compliance with applicable State, Federal, or local laws or ordinances, including the Ohio State Construction Code. Mobile homes or manufactured housing units shall comply with the most recent regulations specified by the United States Department of Housing and Urban Development, Mobile Home Construction and Safety Standards (24CFR3280), as amended.
(4) Location. For the purposes of this Zoning Ordinance permanently sited manufactured housing may be located on an individual lot in any of the zoning districts which allow for the development of single family residential structures, subject further to the regulations contained herein.
(5) Floodplain. No dwelling unit, including mobile homes or manufactured housing units, shall be located within a one-hundred (100) year floodplain.
(6) Use. Mobile homes, manufactured housing units, and other structures shall be used only for the purposes permitted in the zoning district in which they are located.
(7) Attachments. Any exterior attachments or extensions onto a dwelling unit, such as entry steps and storage buildings, shall comply with and meet the provisions of this Zoning Ordinance.
(8) Services. All residential structures shall be connected to a permanent electrical, waste water and potable water supply system approved by the Municipality prior to occupancy.
(c) Design Compatibility Requirements. To insure the compatibility in appearance with existing homes in the Municipality, dwelling units erected after the effective date of this Zoning Ordinance shall comply with the general requirements set forth above in this Section, and with the following design and site standards.
(1) Roof Drainage. Dwellings shall be designed with a minimum six (6) inch roof overhang on all sides of an eave with a roof drainage system that will collect and concentrate the roof discharge of storm water or snow away from the sides of the dwelling. The roof shall have wood shake, standing metal seam, asphaltic or other shingles or other materials commonly used in standard residential construction in the vicinity, and meet the snow load standards for this portion of the State, as specified by the applicable construction code requirements.
(2) Exterior Materials. The exterior siding of a all residential dwellings units shall consist of materials that are generally acceptable for existing housing in the vicinity, provided that the reflection from such exterior surface shall be no greater than from white semi-gloss exterior enamel, and provided further that any such exterior is comparable in composition, appearance, and durability to the exterior siding commonly used in standard residential construction.
(3) Dimensions. The dimensions and placement of dwellings shall be comparable to typical dimensions and placement of existing housing in the vicinity. Therefore, a dwelling shall be no less than twenty-four (24) feet in width. Single wide manufactured dwelling units are strictly prohibited.
(4) Perimeter Foundation Wall. Every dwelling shall have a wall of the same perimeter dimensions as the dwelling and constructed of such materials and type as required in the applicable building code for single-family dwellings. In the event that a mobile home or manufactured housing unit is installed pursuant to the manufacturer’s setup instructions, such dwelling shall be secured to the premises by an anchoring system and shall have a perimeter wall as required above.
(5) Exterior Doors. Dwellings shall have no less than two (2) exterior doors which shall not be located on the same side of the building. Where required, because of a difference in elevation, all exterior doors shall be provided with steps that are permanently attached to the building.
(Ord. 1166. Passed 9-24-01.)
(6) Design Features. The design and position of windows and other features of dwellings, including exterior wall colors, roof color, fence color, and color combinations shall be similar to existing homes within the neighborhood. The foregoing shall not be construed to prohibit innovative design concepts involving such features as solar energy, view, unique land contour, or relief from the common or standard design homes.
(Ord. 2208. Passed 10-24-16.)
(7) The compatibility of design and appearance shall be determined in the first instance by the Municipality upon review of the plans submitted for a particular dwelling. An appeal may be made to the Board of Zoning Appeals within a period of fifteen (15) days from the date of the Municipality’s decision.
(d) Manufactured Housing Compliance. Mobile homes or manufactured housing units which do not conform to the above mentioned standards shall not be used for dwelling purposes within the Municipality unless located within a licensed manufactured home development, or unless used for temporary residential purposes as outlined herein.
(e) Accessory Structures. Detached accessory structures, as permitted in this Zoning Ordinance shall be built to the Municipal Building Code. If the accessory structure is attached to the house, it shall be similar in material and integrity and meet the construction standards of the HUD National Manufactured Housing Construction and Safety Standards Act of 1974 or the Ohio Construction Code, as applicable.
(f) Permits. No mobile home or manufactured housing unit shall be delivered to any lot in the Municipality until it is shown that the requirements of this Section can be met.
(Ord. 1166. Passed 9-24-01.)
1155.01 STATEMENT OF INTENT.
(a) The MHP, Manufactured Housing Park District is intended to provide for the location and regulation of manufactured housing parks as an affordable housing alternative where appropriate and consistent with the general character of the Village . It is intended that manufactured housing parks be provided with necessary community services in a setting that provides a high quality of life for residents. These districts should be located in areas where they will be compatible with adjacent land uses. Accordingly, manufactured housing parks shall be located in conformance with the following criteria:
(1) In areas that are designated for manufactured housing parks as outlined in the Comprehensive Plan.
(2) On sites adjacent to existing manufactured housing parks.
(3) On sites with vehicular direct access to a paved surfaced public thoroughfare or collector road.
(4) In areas where sanitary sewer and potable water supply (either public or private systems) is available with sufficient capacity to serve the residents and to provide fire protection. Furthermore, the location of a manufactured housing park shall not have an adverse impact on the proper functioning of community facilities and utility systems, including but not limited to the following: roads, sanitary sewers, water, storm drainage, police and fire protection, and the educational system.
(5) On sites outside of a designated flood plain.
(b) The regulations and rules in the Revised Code and the Administrative Code, respectively, including but not limited to Chapter 3701-27-01 to 3701-27-30, inclusive, of the Administrative Code, and Sections 3733.01 to 3733.08, inclusive, of the Revised Code, all as now existing or hereafter amended, shall govern all manufactured housing parks. When regulations in this Section exceed applicable State regulations or rules, they are intended to insure that manufactured housing parks meet the development and site plan standards established by this Section for other comparable residential development, and to promote the health, safety and welfare of the Village ’s residents.
(c) These specific standards reflect the nature of the Village , in contrast with some other areas of the State where the universal regulations and rules of the State may be appropriate. These standards encourage development which complements and protects the investment on adjacent properties and promotes preservation of important natural features.
(d) Since the characteristics and impacts of a manufactured housing park typically simulate those of multiple family residential developments, and because they typically are served by private streets and utility systems which interrupts and intercepts the continuity of the local street and utility systems, manufactured housing parks are not considered compatible with other types of single family residential neighborhoods. Therefore, manufactured housing parks are intended to serve as a transitional use between residential and nonresidential districts, similar to multiple family residential districts.
(Ord. 1166. Passed 9-24-01.)
1155.02 PERMITTED USES.
In all areas zoned MHP, no building shall be erected, used, or structurally altered, nor shall the land or premises be used in whole or in part, except for one or more of the following principal permitted uses:
(a) Manufactured housing parks.
(b) Adult care and child care facilities that provide care for up to six (6) individuals.
(c) Essential services, provided there is no building or outdoor storage yard.
(d) Uses and structures accessory to the above, subject to the provisions in this Section. Permitted accessory uses and structures include, but are not necessary limited to: parks, open space, and recreation facilities for the use of residents and their guests; one (1) office building for the exclusive purpose of manufactured housing park business; utility and storage buildings for use of residents; garages and carports; and signs. (Ord. 1166. Passed 9-24-01.)
1155.03 USES PERMITTED BY SPECIAL PERMIT.
The following uses may be permitted subject to: the conditions specified for each use in Chapter 1177, Conditional Use Permits; review and approval of the site plan by the Commission; any special conditions imposed by the Commission that are necessary to fulfill the purposes of this Section; and the provisions set forth in Chapter 1177, Conditional Use Permits:
(a) Mini-warehouses.
(b) Adult care and child care facilities that provide care for more than six (6) individuals. (Ord. 1166. Passed 9-24-01.)
1155.04 DEVELOPMENT STANDARDS AND REQUIREMENTS.
(a) Site Plan Review.
(1) Submission. A preliminary plan shall be submitted to the Village for review by the Commission. The preliminary plan shall include the location, layout, general design, and general description of the project. The preliminary plan shall not include detailed construction plans.
(2) Contents. In preparing the preliminary plan and when reviewing the plan, the applicant and Commission shall follow the procedures and requirements in Chapter 1175, Site Plan Review, where applicable.
(3) Action. The Commission shall take action on the preliminary plan within sixty (60) days after the Village officially accepts the plan as complete and in conformance with the requirements in this Section.
(4) Effect; Expiration. Approval by the Commission of a preliminary plan for a manufactured housing park entitles the applicant the right to submit a final plan to the State Department of Health within one (1) year of the date of Commission approval. If no final plan is submitted to the State Department of Health within such time period, said preliminary plan approval shall lapse, expire, and be null and void, and preliminary plan approval shall thereafter be required.
(5) Final Plan; Duplicate Copy to the Village. Simultaneously with submission of a final plan to the State Department of Health, the applicant shall furnish the Zoning Inspector with a complete duplicate copy of said final plan, as well as any and all associated documentation, so that the Zoning Inspector may review the final plan for conformance to and consistency with the preliminary plan approved by the Commission.
(6) Conformance; Consistency. Such final plan shall conform to all applicable Village, County, and State regulations and rules. Such final plan shall further conform to and be consistent with the preliminary plan approved by the Commission.
(7) Revisions. A final plan which does not conform to or is not consistent with the preliminary plan approved by the Commission, as determined by the Zoning Inspector, shall require revised preliminary plan approval by the Commission.
(8) Pre-Filing Meetings. Applicants may request to meet with Village staff, including any consultants designated by the Council, to preliminarily review applications prior to filing. Such pre-filing conferences are intended to assist the applicant and facilitate the future review and approval of the application. However, no suggestions, recommendations, or other comments made by Village officials, staff, or consultants at such conferences shall constitute approval of any application.
(b) Minimum Requirements. Manufactured housing parks shall be subject to all the rules and regulations as established and regulated by State law and in addition, shall satisfy the following minimum requirements.
(1) General Authority. Manufactured housing parks shall be constructed, licensed, operated, and managed in accordance with the provisions of all applicable State regulations and rules. Application for a permit to construct a manufactured housing parks shall be submitted to the State Department of Health as required. The Department of Health is the agency charged with licensing of manufactured housing parks. Preparation of the application, support data, and local agency review of the above mentioned materials shall conform to all applicable State regulations and rules.
(2) Codes. All structures and utilities to be constructed, altered, or repaired in a manufactured housing park shall comply with all applicable State regulations and rules, as well as those of the U.S. Department of Housing and Urban Development, including building, electrical, plumbing, liquefied petroleum gases and similar codes, and shall require permits issued therefore by the appropriate offices. However, a manufactured housing unit built prior to June 15, 1976 which otherwise meets HUD certification requirements and standards for construction shall be permitted. All structures and improvements to be constructed or made under the this Ordinance shall have a zoning permit issued therefore by the Zoning Inspector prior to construction.
(3) Parcel Size. The minimum parcel size for a manufactured housing park shall be fifteen (15) acres.
(4) Site Size. The manufactured housing park shall be developed with sites having a minimum size of five thousand five hundred (5,500) square feet per manufactured housing unit. This square foot minimum for any one site may be reduced twenty (20) percent provided that the individual site shall be equal to at least four thousand four hundred (4,400) square feet. For each square foot of land gained through the reduction of a site below the required standard, at least an equal amount of land shall be dedicated as open space for the collective use and enjoyment of all manufactured housing park residents. This open space shall be in addition to the recreation space required by Section 3701-27-26(A) of the Administrative Code, as now existing or hereafter amended. However, in no case shall the open space and distance requirements be less than that required by the Administrative Code.
(5) Dimensional Requirements. Manufactured housing units shall satisfy the minimum distance and setback requirements as set forth in Section 3701-27-08(C), (G)(1) through (3), inclusive, and (H) of the Ohio Administrative Code, as now existing or hereafter amended, except as follows:
A. Twenty (20) feet from any part of adjacent manufactured housing units.
B. Ten (10) feet from any on-site parking space of an adjacent manufactured housing unit site.
C. Ten (10) feet from any accessory attached or detached structure of an adjacent manufactured housing unit.
D. Fifty (50) feet from any permanent building.
E. One hundred (100) feet from any baseball, softball, or similar recreational field.
F. Fifteen (15) feet from the edge of an internal road, provided that such road is not dedicated to the public. Manufactured housing units and other structures in the MHP District shall be set back at least twenty (20) feet from the right-of-way line of a dedicated public road within the manufactured housing park.
G. Seven (7) feet from any parking bay.
H. Seven (7) feet from a common pedestrian walkway.
I. All manufactured housing units and accessory buildings shall be set back not less than twenty-five (25) feet from any park boundary line, including the existing and future rights-of-way lines of abutting streets and highways.
J. Forty (40) feet from the edge of any railroad right-of-way.
(6) Building Height. Buildings in the MHP district shall not exceed two and one-half (2-1/2) stories or thirty five (35) feet, except that storage sheds and other freestanding auxiliary buildings shall not exceed fifteen (15) feet in height.
(7) Roads. Roads shall satisfy the minimum dimensional, design, and construction requirements as set forth in Section 3701-27-09(C)(1) through (9), inclusive, of the Administrative Code, as now existing or hereafter amended, except as follows:
A. Two (2) way streets shall have a minimum clear unobstructed width of twenty one (21) feet where no parallel parking is permitted, thirty one (31) feet where parallel parking is permitted on one (1) side only, and forty one (41) feet where parallel parking is permitted on both sides of the street. Roads not permitting parking shall be clearly marked or signed.
B. One (1) way streets shall have a minimum width of thirteen (13) feet where no parallel parking is permitted, twenty three (23) feet where parallel parking is permitted on one side only, and thirty three (33) feet where parallel parking is permitted on both sides of the street. Roads not permitting parking shall be clearly marked or signed.
C. The alignment and gradient of a road shall be adapted to the topography and shall be graded for its full width to drain surface water. When grading roads in length the finished grade of the road shall not be greater than eight (8) percent and not less than four-tenths (0.40) percent of the length. Short lengths with a maximum grade of up to twelve (12) percent may be permitted, provided that traffic safety is assured.
D. Cul-de-sacs, where proposed, shall have a minimum radius of thirty (30) feet. Maximum cul-de-sac length shall be one thousand (1,000) feet, provided that no more than thirty five (35) units may be served by a single means of access. A dead end road shall terminate with an adequate turning area. A blunt-end road is prohibited.
E. Adequate sight distance shall be provided at all intersections.
F. The main entrance to the park shall have access to a paved public thoroughfare or shall be connected to a paved public collector or arterial road by a permanent easement which shall be recorded by the developers. Sole access to the park via an alley is prohibited.
G. All roads shall be clearly marked with appropriate identification and traffic control signs. The name of any streets or roads shall be approved by the Village.
H. All roads shall be hard-surfaced and shall be constructed with curbs and gutters.
(8) Parking. Each manufactured housing site shall be provided with two (2) parking spaces and meet all requirements as set forth in Section 3701-27-09(F) of the Administrative Code, as now existing or hereafter amended, except as follows:
A. In addition, a minimum of one (1) parking space for every three (3) manufactured housing sites shall be provided for visitor parking located convenient to the area served.
B. Off-street parking in accordance with Chapter 1173 shall be provided in conjunction with any community buildings, recreational facilities or office/maintenance buildings located within the manufactured housing park.
C. No un-licensed or inoperable vehicle of any type shall be parked in any manufactured housing park at any time except within a covered building.
D. Common areas for the storage of boats, motorcycles, recreation vehicles, and similar equipment may be provided in a manufactured housing park, but shall be limited to use only by residents of the manufactured housing park. The location of such storage areas shall be shown on the site plan and shall be prohibited on manufactured housing sites and in designated open space areas. No part of any such storage area shall be located in any yard required on the perimeter of the manufactured housing park. Such storage area shall be surfaced with gravel, asphalt or similar substance and shall be screened from view from adjacent residential properties with an opaque six (6) foot wooden fence, six (6) foot masonry wall with landscaping, or landscaped greenbelt. If a landscaped greenbelt is used, it shall consist of closely-spaced evergreen plantings (that is, no farther than fifteen (15) feet apart) which can be reasonably expected to form a complete visual barrier that is at least six (6) feet above ground level within three (3) years of planting. Common laundry drying areas, trash collection stations, surface mounted transformers, and similar equipment and facilities shall also be screened from view by plant material and/or man-made screens.
(9) Sidewalks. Sidewalks shall satisfy the minimum dimensional, design, and construction requirements as set forth in Section 3701-27-09(C) through (K), inclusive, of the Ohio Administrative Code, as now existing or hereafter amended. In addition, concrete sidewalks having a minimum width of three (3) feet and a minimum thickness of four(4) inches shall be provided on at least one side of all roads in the manufactured housing park. Lastly a five (5) foot wide concrete sidewalk shall be constructed along the public road(s) on which the manufactured housing park fronts. Such sidewalk shall be located within the road right-of-way, one (1) foot off of the right-of-way line.
(10) Accessory Buildings and Facilities. Accessory buildings and facilities shall satisfy the minimum dimensional, design, construction, and locational requirements as set forth in Sections 3701-27-081(A) through (C), inclusive, 3701-27-15(A) through (D), inclusive, 3701-27-16, and 3701-27-17, all of the Ohio Administrative Code, as now existing or hereafter amended, except as follows:
A. Accessory buildings and structures, including park management offices and public works facilities, storage buildings, laundry facilities, recreation or community facilities, and other accessory facilities, shall be designed and operated for use by residents of the park only.
B. Site-built buildings within a manufactured housing park shall be constructed in compliance with the Building Code and shall require all applicable permits. Any addition to a manufactured housing unit that is not certified as meeting the standards of the U.S. Department of Housing and Urban Development for manufactured housing shall comply with the Building Code. Site plan approval shall be required prior to construction of any on-site building within a manufactured housing park, except for storage sheds or garages for individual manufactured housing units. Such storage sheds and garages shall require a building permit.
C. Each manufactured housing unit shall be permitted one storage shed or garage not to exceed four hundred (400) square feet in area. The installation of any such shed or garage shall comply with the Building Code and shall require a building permit. Storage underneath a manufactured housing unit or outside on any manufactured housing site is prohibited. Storage sheds need not be supplied by the owner or operator of the manufactured housing park.
D. Travel trailers or recreational vehicles shall not be occupied as living quarters in a manufactured housing park.
(11) Open Space and Recreation Areas. Open space and recreation areas shall satisfy the minimum area and improvement requirements as set forth in Section 3701-27-26(A) through (C), inclusive, of the Ohio Administrative Code, as now existing or hereafter amended, except as follows:
A. Open space shall be provided in any manufactured housing park and maintained by the owner or operator of the park.
B. A minimum of ten (10) percent of the park’s gross acreage shall be dedicated to well drained, usable open space developed with appropriate recreational facilities and play equipment, provided that a minimum of twenty five thousand (25,000) square feet of contiguous open space shall be provided that is no longer than one and one-half (1-1/2) times its width.
C. Open space shall be shaped and located conveniently in relation to the majority of dwelling units intended to be served. Up to twenty five (25) percent of the required open space may consist of swamp areas, marshy areas, and similar limited use areas.
(12) Landscaping and Screening.
A. Perimeter Screening. All manufactured housing parks shall be screened from existing adjacent residential uses by either a six (6) foot wall or a densely planted landscaped greenbelt. A landscaped buffer shall be provided along the public road frontage of a manufactured housing parks.
1. If provided, screen walls shall be constructed of masonry material that is constructed of face brick, decorative block, or poured concrete with a simulated brick or stone pattern. Required walls shall be placed inside and adjacent to the lot line except where underground utilities would interfere with the placement of the wall or where the wall would unreasonably obstruct the use of adjacent property, in which case the wall may be set back from the property line a sufficient distance to resolve such concerns.
2. If a landscaped greenbelt is used, it shall be a minimum of twenty (20) feet in width and consist of closely-spaced evergreen plantings (that is, no farther than fifteen (15) feet apart) which can be reasonably expected to form a complete visual barrier that is at least six (6) feet above ground level within three (3) years of planting. Deciduous plant materials may be used provided that visual screening is maintained throughout the year.
B. Landscaping Adjacent to Rights-of-Way. A landscaped berm measuring three (3) feet in height along a landscaped greenbelt shall be constructed along the public rights-of-way on which the manufactured housing park fronts. The berm shall be constructed with slopes no steeper than one (1) foot vertical for each three (3) feet horizontal. Landscaping adjacent to the road shall comply with the following requirements, which are consistent with landscaping required for other types of development in the Village :
Type | Requirements |
Deciduous street tree(e.g. Red or Norway Maple, Linden, Ash) | 1 per 40 lineal feet of road frontage |
Deciduous or evergreen shrubs | 1 per 3 lineal feet of road frontage |
C. Site Landscaping. A minimum of one (1) deciduous or evergreen tree shall be planted per two (2) manufactured housing sites.
D. Parking Lot Landscaping. Off-street parking lots containing more than fifteen (15) spaces shall be provided with at least ten (10) square feet of interior parking lot landscaping per space. Such areas shall measure at least one-hundred-fifty (150) square feet and shall be covered by grass, ground cover, shrubs or other live plant material. At least one (1) deciduous tree shall be planted per parking lot landscaped area.
(13) Canopies. Canopies and awnings may be attached to any manufactured dwelling unit and may be enclosed for use as a sun room or recreation room, but not as a bedroom. Canopies and awnings shall comply with the setback and distance requirements set forth in this Section and shall require a building permit.
(14) Waste Receptacles. Waste receptacles shall satisfy the minimum requirements as set forth in Section 3701-27-20(A) through (C), inclusive, of the Ohio Administrative Code, as now existing or hereafter amended, except as follows:
A. Receptacles shall be set back a minimum distance of fifty (50) feet from the perimeter of the manufactured housing park and at least fifteen (15) feet from any building, in a location that is clearly accessible to the servicing vehicle. Receptacles shall be provided within one hundred-fifty (150) feet of each manufactured housing unit, unless curb-side collection is provided.
B. Receptacles shall be screened on three (3) sides with a decorative masonry wall or wood fencing, not less than six (6) feet in height. The fourth side of the dumpster screening shall be equipped with an opaque lockable gate that is the same height as the enclosure around the other sides.
C. Receptacles shall be placed on a concrete pad which shall extend six (6) feet in front of the dumpster enclosure. Bollards (concrete filled metal posts) shall be installed at the opening of the dumpster enclosure to prevent damage to the screening wall or fence.
(15) Signs.
A. Each manufactured housing park shall be permitted either:
1. Two (2) signs, each of which shall not exceed five (5) feet in height and sixteen (16) square feet in area and shall be set back a minimum of ten (10) feet from any property or right-of-way line; or
2. One (1) sign which shall not exceed five (5) feet in height and thirty two (32) square feet in area and shall be set back a minimum of ten (10) feet from any property or right-of-way line.
B. Management offices and community buildings in a manufactured housing park shall be permitted one (1) identification sign not to exceed six (6) square feet in area.
(16) Water and Sewer Service. Water and sewer service shall satisfy the minimum dimensional, design, and construction requirements as set forth in Sections 3701-27-12, 3701-27-114, 3701-27-18, and 3701-27-19 of the Ohio Administrative Code, as now existing or hereafter amended, except as follows:
A. All manufactured housing parks shall be served by approved central water and sewage systems, which shall meet the requirements of the Village and the Ohio Environmental Protection Agency (OEPA).
B. Public sewer systems shall be required in manufactured housing parks, if available within two hundred (200) feet at the time of site plan approval.
C. If a public sewer system is unavailable, the park shall connect to a sewage system approved by the Village and the OEPA.
D. The plumbing connections to each manufactured housing site shall be constructed so that all lines are protected from freezing, accidental bumping, or from creating any nuisance or health hazard.
(17) Storm Drainage. Water and sewer service shall satisfy the minimum dimensional, design, and construction requirements as set forth in Section 3701-27-13 of the Administrative Code, as now existing or hereafter amended, except as follows:
A. All developed portions of the manufactured housing park shall be served by adequate storm drainage facilities, independent of sanitary sewers, designed and constructed in accordance with applicable Village , County, and State regulations and rules.
B. On-site storm water detention facilities may be required by the Village.
(18) Lighting, Electrical Systems, Wiring, and Other Utilities. Lighting, electrical systems, wiring, and other utilities shall satisfy the minimum dimensional, design, and construction requirements as set forth in Sections 3701-27-10 and 3701-27-24 of the Administrative Code, as now existing or hereafter amended, except as follows:
A. All local distribution lines for franchised utilities, including but not limited to telephones, electrical service, and cable television, shall be placed entirely underground throughout mobile home parks.
B. Mainlines and perimeter feed lines located on a Section or Quarter Section Line may be above ground if they do not overlap the park.
C. Conduits or cables shall be placed within private easements provided to the service companies by the proprietor and/or developer or within public ways.
D. Those telephones and electrical facilities placed in dedicated public ways shall be planned so as not to conflict with other underground utilities.
(19) Fuel Oil and Gas. Any fuel oil and gas storage shall be located in underground tanks, at a safe distance from all manufactured housing sites. All fuel lines leading to manufactured housing sites shall be underground and designed in conformance with all applicable Village , County, and State regulations and rules.
(20) School Bus Stops. School bus stops shall be located in an area that is acceptable to the local school district and the manufactured housing park developer.
(21) Mailbox Clusters. The United States Postal Service may require that manufactured housing parks be served by clusters of mailboxes serving several sites rather than individual mailboxes serving individual sites. If mail box clusters are required, they shall be located at least two hundred (200) feet from any intersection of a manufactured housing park road with a public road.
(22) Manufactured Housing Unit Sales. The business of selling new or used manufactured housing as a commercial operation (i.e. dealership) shall not be permitted. New homes may be sold for siting or placement within the park until complete occupancy of a new or expanded manufactured housing park has been achieved. Thereafter, new or pre-owned manufactured homes which are to remain on-site in a manufactured housing community may be sold by the resident, owner, licensed dealer or broker, provided the manufactured housing park owner or operator permits such sales activity.
(23) Prohibitions. No manufactured housing unit shall be used for any purpose other than as a single family dwelling except as otherwise provided in this Zoning Ordinance.
(c) Operational Requirements.
(1) Permits. A manufactured housing park shall not be operated until a license has been issued by the State Department of Health. The Zoning Inspector shall communicate his or her recommendations regarding the issuance of such licenses to the Director of the State Department of Health. No individual manufactured housing site shall be occupied until the required improvements including utilities and access roads which serve the site are in place and functioning. Buildings constructed on-site, such as a management office or clubhouse, shall require a building permit prior to construction and a Certificate of Occupancy prior to use.
(2) Violations. Whenever, upon inspection of any manufactured housing park, the Zoning Inspector finds that conditions or practices exist which violate provisions of this Section or other regulations or rules referenced herein, the Zoning Inspector shall give notice in writing by certified mail to the County Health Department and the State Department of Health, including the specific nature of the alleged violations and a description of possible remedial action necessary to effect compliance with the ordinance or other regulations. The notification shall include such other information as is appropriate in order to fully describe the violations and potential hazards to the public health, safety and welfare resulting from the violation. A copy of such notification shall be sent by certified mail to the last known address of the park owner or agent.
(3) Inspections. The Zoning Inspector or other authorized Village agent is granted the authority to enter upon the premises of any manufactured housing park for the purpose of determining compliance with the provisions of this Section or other regulations rules referenced herein.
(Ord. 1166. Passed 9-24-01.)
1157.01 C-1 LIMITED COMMERCIAL DISTRICT.
(a) The intent of the “C-1" Limited Commercial District is to provide for a limited allowance of office and institutional uses in a more restrictive nature than those uses permitted in the C-2 or C-3 Commercial Districts. The C-1 Limited Commercial District is intended to permit office and institutional land uses adjacent to or in close proximity to residential uses and to serve as a transitional district between residential zoning districts and commercial land uses.
(b) Because of the variety of office and institutional activities permitted in the C-1 District, special attention must be focused on site layout, building design, vehicular circulation, and coordination of site features between adjoining sites. Limited Commercial District facilities should be compatible in design with adjacent residential, institutional and commercial development.
(c) Planned Unit Developments may be permitted as a means to achieve the basic intent of this district in accordance with the guidelines in Chapter 1179.
(Ord. 1166. Passed 9-24-01.)
1157.02 PERMITTED PRINCIPAL USES IN THE C-1 DISTRICT.
In the C-1 District, no uses shall be permitted except the following:
(a) Office buildings and uses, including administrative offices, professional offices( i.e. architect, attorney, engineer, accountant, insurance agency, realtor, etc. ) and medical and dental clinics or offices.
(b) Funeral homes, provided there is adequate assembly area for vehicles to be used in funeral processions and such assembly area shall be provided in addition to any required off-street parking area. A caretaker's residence may be provided within the main building of the funeral home.
(c) Financial institutions, including banks, credit unions, and savings and loan associations without drive-through facilities.
(d) Other uses similar to the above.
(e) Uses and structures accessory to the above, subject to the provisions in Section 1169.03.
(f) Residential uses as permitted by the zoning of the closest residential district.
(Ord. 1166. Passed 9-24-01.)
(g) Churches. (Ord. 2164. Passed 3-17-14.)
1157.03 USES PERMITTED BY CONDITIONAL USE PERMIT.
A Conditional Use Permit shall be required for the following uses in the C-1 District.
(a) Municipal, regional, state and federal office buildings and uses not requiring outside storage of materials or vehicles.
(b) Hospitals
(c) Veterinary offices and hospitals.
(d) Private service clubs, fraternal organizations, banquet halls, and meeting halls.
(e) Financial institutions, including banks, credit unions, and savings and loan associations with drive-through facilities.
(f) Schools for occupations, professional, or technical training, such as dance schools, music and voice schools, art studios, secretarial training, and similar schools.
(Ord. 2164. Passed 3-17-14.)
1157.04 DEVELOPMENT STANDARDS.
(a) Required Conditions. Except as otherwise noted for specific uses, buildings and uses in the C-1 Limited Commercial District shall comply with the following required conditions:
(1) Exterior walls facing public rights-of-way, customer parking areas, and adjoining property that is zoned or used for residential purposes shall have a finished appearance, using the same materials as used on the front of the building. Wherever possible, meter boxes, dumpsters, and mechanical equipment should not be located on a side of the building that faces residentially-zoned or used property.
(2) There shall be no outside storage of any goods, inventory, or equipment.
(b) Site Plan Review. Site plan review and approval is required for all uses, in accordance with Chapter 1175.
(c) Area, Height, Bulk, and Placement Requirements. Buildings and uses in the C-1 Limited Commercial District are subject to the following area, height, bulk, and placement requirements:
(1) Height: No building shall exceed a height of thirty (30) feet.
(2) Front Yard: There shall be a front yard of not less than fifty (30) feet.
(3) Side Yard: Two sides yards totaling fifty feet (50) feet shall be provided with no one side yard being less than twenty (20) feet.
(4) Rear Yard: There shall be a rear yard of at least twenty-five (25) feet.
(5) Lot Width: No lot shall be less than one-hundred (100) feet at the street right-of-way.
(6) Parking Areas: Parking areas shall be located a minimum of ten (10) feet from any property line.
(d) Public Water and Sewer. Commercial and office developments shall be served by public sanitary sewer and public water supply systems.
(e) General Development Standards. Buildings and uses in the C-1 Limited Commercial District shall be subject to all applicable standards and requirements set forth in this Zoning Ordinance. (Ord. 1166. Passed 9-24-01.)
1157.05 C-2 FULL COMMERCIAL DISTRICT
(a) The intent of the “C-2" Full Commercial District is to provide for a variety of commercial uses, including more intensive commercial uses not permitted in the C-1 Limited Commercial District and the CBD “C-3" District and which can be incompatible with pedestrian movement. The district is intended to permit commercial establishments that cater to the convenience and comparison shopping needs of the entire Municipality and a substantial area of surrounding region beyond the municipal limits and, therefore, are often located so as to serve passing traffic.
(b) Because of the variety of business types permitted in the C-2 District, special attention must be focused on site layout, building design, vehicular circulation, and coordination of site features between adjoining sites. General commercial facilities should be compatible in design with adjacent commercial development.
(c) Planned Unit Developments may be permitted as a means to achieve the basic intent of this district in accordance with the guidelines in Chapter 1179.
(Ord. 1166. Passed 9-24-01.)
1157.06 PERMITTED PRINCIPAL USES IN THE C-2 DISTRICT.
In the C-2 District, no uses shall be permitted except the following:
(a) Retail businesses which supply commodities on the premises for persons residing in adjacent residential areas, such as: groceries, meats, dairy products, alcoholic beverages, baked goods or other foods, ice cream, drugs, dry goods, notions, hardware, books, stationery and school supplies, records and video cassette sales and rental, flowers, hobby equipment, periodicals, shoes, sporting goods, small household articles, and tobacco products.
(b) Retail or service establishments which offer comparison goods for residents, such as: bicycle sales, jewelry stores, hobby shops, music stores, clothing and shoe stores, notions, bookstores, sporting goods stores, office supply stores, carpet stores, furniture stores, building material sales (including hardware, glass, paint, and lumber), household appliance stores, paint and wallpaper stores, auto equipment sales stores, and similar specialty retail stores.
(c) Establishments which perform services within a completely enclosed building for persons residing in nearby residential areas, such as: beauty and barber shops; watch, radio, television, clothing and shoe repair; locksmiths; photo processing outlets; and similar establishments.
(d) Office buildings and uses, including medical and dental clinics or offices.
(e) Offices and showrooms of a plumber, electrician, building contractor, upholsterer, caterer, decorator or similar trade, subject to the following conditions:
(1) All services performed on the premises, including fabrication, repair, cleaning or other processing of goods, shall be sold at retail on the premises where produced.
(2) There shall be no outside storage of materials or goods of any kind.
(f) Schools for occupations, professional, or technical training, such as dance schools, music and voice schools, art studios, secretarial training, and similar schools.
(g) Newspaper offices and printing shops.
(i) Bus passenger stations.
(j) Funeral homes, provided there is adequate assembly area for vehicles to be used in funeral processions and such assembly area shall be provided in addition to any required off-street parking area. A caretaker's residence may be provided within the main building of the funeral home.
(k) Financial institutions, including banks, credit unions, and savings and loan associations. Drive-through facilities are permitted.
(l) Laundry and dry cleaning customer outlets, coin operated laundromats, self-serve dry cleaning establishments, and similar operations.
(m) Private service clubs, fraternal organizations, banquet halls, and meeting halls.
(n) Standard and carry-out restaurants, bars, and lounges.
(o) Theaters, when completely enclosed.
(p) Dance halls, assembly halls, and similar places of assembly.
(q) Private indoor recreation uses, such as bowling alleys, billiard halls, gymnasium or court sports facilities, tennis clubs, roller or ice skating rinks, personal fitness centers, and similar recreation uses, subject to the provisions in Section 1169.20.
(r) New and used automobile, truck and tractor, boat, mobile home, recreation vehicle and trailer sales, subject to the provisions in Section 1169.05.
(s) Automobile filling and service stations, including oil change or lubrication stations, subject to the provisions in Section 1169.06.
(t) Other uses similar to the above.
(v) Uses permitted by right in the C-1 zoning classification.
(Ord. 1166. Passed 9-24-01.)
1157.07 USES PERMITTED BY CONDITIONAL USE PERMIT.
A Conditional Use Permit shall be required for the following uses in the C-2 District.
(b) Open-front stores and outdoor sales.
(c) Veterinary offices and hospitals.
(e) Outdoor retail sales of plant material not grown on the site, lawn furniture, playground equipment, and home garden supplies, subject to the provisions in Section 1169.19.
(f) Fast-food, drive-in, and drive-through restaurants, subject to the provisions in Section 1169.12.
(g) Commercial parking garages.
(h) Drive-in theaters.
(i) Automotive maintenance and repair. (Excluding automotive body repair)
(j) Municipal, regional, state and federal buildings and uses not requiring outside storage of materials or vehicles.
(k) Essential services. (Ord. 2164. Passed 3-17-14.)
1157.08 DEVELOPMENT STANDARDS.
(a) Required Conditions. Except as otherwise noted for specific uses, buildings and uses in the C-2 Full Commercial District shall comply with the following required conditions:
(1) Exterior walls facing public rights-of-way, customer parking areas, and adjoining property that is zoned or used for residential purposes shall have a finished appearance, using the same materials as used on the front of the building. Wherever possible, meter boxes, dumpsters, and mechanical equipment should not be located on a side of the building that faces residentially-zoned or used property.
(2) There shall be no outside storage of any goods, inventory, or equipment.
(b) Site Plan Review. Site plan review and approval is required for all uses, in accordance with Chapter 1175.
(c) Area, Height, Bulk, and Placement Requirements. Buildings and uses in the C- 2 Full Commercial District are subject to the following area, height, bulk, and placement requirements:
(1) Height: No building shall exceed a height of thirty (30) feet.
(2) Front Yard: There shall be a front yard of not less than fifty (50) feet.
(3) Side Yard: Two sides yards totaling forty (40) feet shall be provided with no one side yard being less than ten (10) feet.
(4) Rear Yard: There shall be a rear yard of at least twenty-five (25) feet.
(5) Lot Width: No lot shall be less than one-hundred twenty-five (150) feet in width at the street right-of-way.
(6) Parking Areas: Parking areas shall be set back a minimum of ten (10) feet from all property lines.
(d) Public Water and Sewer. Commercial and office developments shall be served by public sanitary sewer and public water supply systems.
(e) General Development Standards. Buildings and uses in the C-2 Full Commercial District shall be subject to all applicable standards and requirements set forth in this Zoning Ordinance.
(Ord. 1166. Passed 9-24-01.)
1157.09 C-3 CENTRAL BUSINESS DISTRICT.
(a) The intent of the Central Business District (CBD) is to promote the orderly development, redevelopment, and continued maintenance of the CBD. This district occupies the prime retail frontage areas in the Municipality, serving the comparison, convenience, and service needs of the Municipality as well as a substantial area of the adjacent and surrounding region beyond the Municipal limits.
(b) These regulations are intended to promote development of a pedestrian-accessible mixed-use district, consisting of a variety of retail, office, service, and upper story residential uses. Because of the variety of uses permitted in the CBD district, special attention must be focused on site layout, building design, vehicular circulation, and coordination of site features between adjoining sites. Permitted uses should be complementary to each other, and should not have an adverse impact on street capacity, public utilities and services, or the overall image and function of the district. It is the further intent of this district to prohibit automotive related services and non-retail uses which tend to interfere with the continuity of retail frontage.
(c) Planned Unit Developments may be permitted as a means to achieve the basic intent of this district in accordance with the guidelines in Chapter 1179.
(Ord. 1166. Passed 9-24-01.)
1157.10 PERMITTED USES IN THE C-3 DISTRICT.
In the C-3 District, no uses shall be permitted except the following:
(a) Retail businesses which supply commodities on the premises for persons residing in adjacent residential areas, such as: groceries, meats, dairy products, alcoholic beverages, baked goods or other foods, ice cream drugs, dry goods, notions, hardware, books, stationery and school supplies, records and video cassette sales, flowers, periodicals, shoes, sporting goods, small household articles, and tobacco products.
(b) Retail or service establishments which offer comparison goods for residents, such as: bicycle sales, jewelry stores, hobby shops, music stores, clothing and shoe stores, notions, bookstores, sporting goods stores, office supply stores, carpet stores, furniture stores, building material sales (including hardware, glass and paint), household appliance stores, paint and wallpaper stores, auto equipment sales stores, and similar specialty retail stores.
(c) Department stores and specialty shops.
(d) Establishments which perform services within a completely enclosed building for persons residing in nearby residential areas, such as: beauty and barber shops; watch, radio, television, clothing and shoe repair; locksmiths; photo processing outlets; and similar establishments.
(e) Office buildings and uses, including professional, medical and dental clinics or offices.
(f) Financial institutions, including banks, credit unions, and savings and loan associations. Drive-through facilities are permitted only after special approval under Chapter 1169.
(g) Restaurants and taverns where the patrons are served while seated within a building occupied by such establishment, and provided that no drive-thru facilities are permitted.
(h) Newspaper offices and printing shops.
(i) Residential uses subject to the following provisions:
(1) Residential uses shall be fully integrated into the design of a larger mixed use development.
(2) No dwelling unit shall be located on the same floor as a business use, and no floor may be utilized for business purposes which is located above a floor used for residential purposes.
(3) The conversion of second and third story space in existing commercial buildings in the C-3 Central Business District is permitted and encouraged subject to the provisions of any Municipal Building Codes.
(Ord. 1166. Passed 9-24-01.)
(4) No dwelling unit shall be located on the first floor.
(Ord. 2151. Passed 3-11-13.)
(j) Other uses similar to the above.
(k) Off-street commercial parking structures.
(l) Uses and structures accessory to the above, subject to the provisions in 1169.03.
(Ord. 1166. Passed 9-24-01.)
(m) Churches. (Ord. 2164. Passed 3-17-14.)
1157.11 USES PERMITTED BY CONDITIONAL USE PERMIT.
A Conditional Use Permit shall be required for the following uses in the C-3 District.
(a) Schools for occupations, professional, or technical training, such as dance schools, music and voice schools, art studios, secretarial training, and similar schools.
(b) Theaters, when completely enclosed.
(c) Municipal, county or state buildings and uses, provided there is no outside storage of materials or equipment.
(d) Outdoor cafes or eating areas where patrons are served while seated in the open air
(e) Drive-through facilities for financial institutions, including banks, credit unions, and savings and loan associations.
(f) Essential services.
(g) New and used automotive sales dealerships, subject to the provision of Section 1169.05. (Ord. 2164. Passed 3-17-14.)
1157.12 DEVELOPMENT STANDARDS.
(a) Required Conditions. Except as otherwise noted for specific uses, buildings and uses in the C-3 Central Business District shall comply with the following required conditions:
(1) All business establishments shall be retail or service establishments dealing directly with customers. All goods produced and services performed on the premises shall be sold at retail on the premises where produced.
(2) All business, servicing, or processing, except off-street parking and loading, shall be conducted within a completely enclosed building, unless otherwise specifically permitted.
(3) Exterior walls facing public rights-of-way, customer parking areas, and adjoining property that is zoned or used for residential purposes shall have a finished appearance, using the same materials as used on the front of the building. Wherever possible, meter boxes, dumpsters, and mechanical equipment should not be located on a side of the building that faces residentially-zoned or used property.
(4) There shall be no outside storage of any goods, inventory, or equipment.
(b) Site Plan Review. Site plan review and approval is required for all uses, in accordance with Section 1175.
(c) Area, Height, Bulk, and Placement Requirements. Buildings and uses in the C-3 Central Business District are subject to the following area, height, bulk, and placement requirements
Height: | No building shall exceed a height of 35 feet. |
Front Yard: | No front yard is required |
Side Yard: | No side yard is required. |
Rear Yard. | No rear yard is required. |
Lot Area: | No minimum required. |
Lot Width: | No minimum required |
(d) Public Water and Sewer. Commercial and office developments shall be served by public sanitary sewer and public water supply systems.
(Ord. 1166. Passed 9-24-01.)
(e) Stairwells. Any building in the C-3 Central Business District that has an enclosed stairwell that is a direct entrance from the ground level to any use on the upper level (such as an apartment) is required to have a door at the ground level entrance to the stairwell. The door must be equipped with a locking mechanism. The ground level entrance to the stairwell must have at least one window, sidelight, or door with at least 400 square inches of glass or other transparent material that provides a clear, unobstructed view into the stairwell.
(f) General Development Standards. Buildings and uses in the C-3 Central Business District shall be subject to all applicable standards and requirements set forth in this Zoning Ordinance. (Ord. 2152. Passed 3-11-13.)
1157.13 SCHEDULE OF AREA, YARD, HEIGHT, WIDTH AND PARKING REGULATIONS.
District | Height | Front Yard | Side Yard | Rear Yard | Lot Width | Parking |
C-1 | 30 ft. | 50 ft. | 2 side yards totaling 50 ft. with each one at least 20 ft. | 25 ft. | 100 ft. at the street right-of- way | At least 10 ft. from any property line |
C-2 | 30 ft. | 50 ft. | 2 side yards totaling 40 ft. with each one at least 10 ft. | 25 ft. | 125 ft. | At least 10 feet from any property line |
C-3 | 35 ft. | None required | None required | None required | No minimum | No requirement |
(Ord. 2164. Passed 3-17-14.)
1159.01 INTENT.
The Light (M-1) and General (M-2) Industrial Districts and their regulations are established herein in order to achieve the following purposes:
(a) To provide in appropriate and convenient districts sufficient areas for carrying on research, providing commercial services, manufacturing and distributing goods to serve the community, to promote employment and to strengthen the economy of the community;
(b) To provide Light Industrial Districts in appropriate and convenient areas for business, contracting, storage, distribution and transportation services, and related types of minor production processes;
(c) To provide General Industrial Districts for those products and processes which normally require a large amount of motor vehicle trucking for transportation of the raw materials and finished products, but in which dust, smoke, fumes, glare, odors or other objectionable influences can be controlled;
(d) To improve the general environment by prohibiting dwellings, institutions and public facilities in the industrial districts, and by so doing, make land more readily accessible for industry;
(e) To protect adjacent residential districts by restricting the types of manufacturing uses in the surrounding areas to only those not creating objectionable influences beyond their district boundaries and by separating and insulating them from the most intense manufacturing activities; and
(f) To protect manufacturing and related development against congestion insofar as is possible and appropriate in each area by limiting the bulk of buildings in relation to the land and by providing off-street parking and loading facilities.
(Ord. 1166. Passed 9-24-01.)
1159.02 LIGHT INDUSTRIAL DISTRICT USE REGULATIONS (M-1).
Buildings and land shall be designed, erected, altered, moved and maintained, in whole or in part, in any M-1 Light Industrial District only for the uses set forth in the following regulations:
(a) Principal Permitted Uses.
(1) Office or offices which pertain to those uses listed in this section.
(2) Research and testing facilities. Experimental, research and testing all types of basic and applied research of product design and development, including but not limited to the construction and operation of small scale experimental and pilot plant operations;
(3) Non-metal production. Clothing and other textile products, plastic extrusion, molding and fabricating of panels, sheets, tubes and rods, printing publishing and engraving, fabrication of wood furniture, cabinets and other wood products limited to sash, doors, cabinets, wall boards, partitions and prefabricated house panels;
(4) General services. Sales and storage establishments if conducted wholly within enclosed buildings to the following extent:
A. Public service facilities and public utilities;
B. Shops and offices of contractors; carpentry; electrical; masonry; plumbing; heating; ventilating; air conditioning; painting; ornamental iron; roofing and sheet metal; packing and crating and monument works;
C. Commercial greenhouses;
D. Raising of farm crops.
(5) Trade schools, banking facilities, public and private employment agencies, restaurants (without drive-thru facilities), indoor and outdoor recreational facilities, churches, and professional offices.
(b) A conditional land use permit shall be required for the following uses in the M-1 District.
(1) Distribution operations. The storage and distribution of those products which may be produced in a Light Industrial District, and the storage and distribution of food and beverages; postal stations; telephone exchange; electrical distribution sub-station.
(2) General services. Sales and storage establishments if conducted wholly within enclosed buildings to the following extent:
A. Repair establishments: automobile engines, body and paint; electrical and household appliances;
B. Food and drink preparation: bakeries, freezing, refrigeration, roasting, ice manufacturing, bottling works and creameries; excluding the basic manufacture or processing of foodstuff, either animal or vegetable;
C. Storage yards and sale of new lumber and other building materials; public utility materials and equipment;
D. Warehouses, other storage establishments, and parcel delivery stations providing loading and off-loading facilities are entirely within an enclosed building;
E. Veterinarians' offices, animal hospitals, and kennels.
(3) Child Day Care. Facilities for the care of children for onsite or offsite employees.
(4) Commercial Activities. Restaurants, financial institutions, photocopying, occupational training facilities and related commercial uses with the specific purpose of serving the needs of employees and companies located within an industrial zoning district.
(5) Similar Uses Permitted. Any other office, research, service, wholesale, storage or product use not listed above or in any industrial district if considered and found similar by the Commission.
(6) Accessory Uses Permitted. Storage of materials and products within buildings and processes clearly accessory to the main use, provided such a use has no injurious effect on adjoining residential districts.
(Ord. 2164. Passed 3-17-14.)
1159.03 GENERAL INDUSTRIAL DISTRICT USE REGULATIONS (M-2).
Buildings and land shall be used, and buildings shall be designed, erected, altered, moved and maintained, in whole or in part, in any M-2 General District only for the uses set forth in the following regulations:
(a) Principal Permitted Uses.
(1) Office, laboratories, production, distribution, service, and church uses permitted in any Light Industrial District (all other business, service, institutional, and residential uses are not permitted):
(2) Manufacturing processes conducted wholly within an enclosed building; cutting, forging, stamping, casting, extrusion, drilling, machining, welding, brazing, soldering, sawing, cleaning, shot and sand blasting, grinding, enameling, painting, galvanizing finishing, heat-treating and rust-proofing, as a component process in connection with the production and assembly of the products;
(3) Metal production. Cutting, electric, gas and ultrasonic welding; grinding, machining and finishing as incidental component operations, (but not as a single operation) only in the production and/or assembly of products which have a high value in relation to bulk, such as automotive and aircraft parts; electrical and electronic equipment, motors, lamps, fixtures and clocks; hardware, cutlery and kitchen utensils; musical and scientific instruments; medical, orthopedic and photographic instruments and equipment; machine tools, lathes, presses, stamping machines, woodworking machines and screw machines; and sporting goods, athletic equipment, toys;
(4) Transportation services. The storage and maintenance of trucks and loading, unloading equipment for the purpose of transporting materials and equipment upon highways in general;
(5) Airports;
(6) Grain elevators and feed mills.
(b) A conditional land use permit shall be required for the following uses in the M-2 District.
(1) Manufacturing of acid, derivatives, ammunition, cement, chlorine, fireworks or explosives, gelatins, grease or tallow, gun powder, and the distillation of wood, coal, and other distillers;
(2) Natural gas and oil petroleum wells;
(3) Slaughter houses and stockyards;
(4) The blending, mixing and packaging of disinfectants, fertilizers, insecticides, fungicides, ink, soap, detergents, and related household and industrial chemical compounds, but excluding the manufacture of primary chemicals or chemical compounds;
(5) Making of ferrous metal and metal alloy products from brass, pewter, tin, lead or aluminum and the smelting or foundering of such metals;
(6) The mining of natural resources, including the extraction of sand, gravel, fill dirt, topsoil and stone;
(7) Junk storage and sales (salvage operations). Junk storage and sales shall be effectively screened on all sides by means of walls, fences or plantings. Walls or fences shall be a minimum of ten feet in height with no advertising thereon. In lieu of such wall or fence, a strip of land not less than fifteen feet in width and planted and maintained with an evergreen hedge or dense planting of evergreen shrubs not less than eight feet in height may be substituted. Storage of materials shall not exceed the height of the screening.
(8) Similar Uses Permitted. Any other manufacturing use not listed above or in any industrial district if considered and found similar by the Commission.
(9) Accessory Uses Permitted.
A. Storage of materials and products and processes clearly accessory to the main use;
(Ord. 2164. Passed 3-17-14.)
1159.04 AREA AND LAND COVERAGE REGULATIONS.
No minimum lot area or lot width is required in the M-1 Light and M-2 General Industrial Districts. Buildings, including accessory buildings, shall not cover more than forty percent (40%) of any lot in a Light Industrial District and sixty percent (60%) of any lot in a General Industrial District.
(Ord. 1166. Passed 9-24-01.)
1159.05 YARD REGULATIONS.
Yards shall be provided for every main and accessory building in industrial districts in accordance with the following schedule:
Front | Side Yard | Rear Yard | ||||
District | Accessory Building and Use | Yard Setback (ft.) | Abutting Residential District (ft.) | Abutting Business District (ft.) | Abutting Residential District (ft.) | Abutting Business (ft.) |
Light (M1)* | Offices | 50 | 75 | 25 | 75 | 25 |
Production | 50 | 75 | 25 | 75 | 50 | |
Distribution | 50 | 75 | 25 | 75 | 50 | |
General (M2)* | Offices | 50 | 75 | 25 | 75 | 25 |
Manufacturing | 50 | 75 | 25 | 75 | 50 |
*Main and accessory buildings in any industrial district shall not exceed 45' in height.
(Ord. 1166. Passed 9-24-01.)
1159.06 PERFORMANCE STANDARDS.
Any use established in any industrial district after the effective date of this Zoning Ordinance shall comply with the performance standards set forth hereinafter for the district in which such use shall be located as a precedence to occupancy and use. Any use already established in such districts shall not be altered, added to or otherwise modified so as to conflict with, or further conflict with the performance standards set forth hereinafter for the district in which such use is located as a precedence to future use. Statements may be required by the Commission from the owner stipulating that such uses comply or will comply.
(a) Enclosure. All permitted main and accessory uses and operations except off-street parking shall be performed wholly within the limits established in this section. All raw material, finished products, mobile and other equipment shall be stored within said units.
(b) 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 standard to the operation involved. The storage, handling and use of flammable or explosive materials shall conform to the requirements of all federal, state, local and other applicable regulations.
(c) Emission of pollutants. The emission of any atmospheric pollutant shall not exceed the level permitted by applicable, federal or state regulations.
(d) Noise. Noise which is objectionable as determined by the Commission due to volume, frequency or beat shall be muffled or otherwise controlled.
(e) Vibration. Vibrations shall not be permitted beyond the lot line occupied by the use which would be perceptible without the aid of instruments.
(f) Radio-active or electrical disturbances. Radio-active 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.
(g) Refuse. Incineration facilities are permitted provided they meet the requirements of the Ohio EPA. No garbage, rubbish, waste matter, or empty containers shall be permitted outside of any building unless contained in an approved refuse collection container.
(h) 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, alkalies, and other chemicals shall not exceed the amount permitted by other codes of the state, county or municipality.
(i) Glare. No direct or reflecting glare shall be permitted which is visible from any property outside an “M” District or from any public street, road or highway.
(j) Erosion. No erosion, by either wind or water, shall be permitted which will carry objectionable substances onto neighboring properties.
(Ord. 1166. Passed 9-24-01.)
1159.07 PARKING.
Parking in any “M” District shall be in accordance with regulations set forth in Chapter 1185 of this Zoning Ordinance.
(Ord. 1166. Passed 9-24-01.)
(Ord. 1166. Passed 9-24-01.)
1159.08 SIGN REGULATIONS.
Signs in any “M” district shall be designed, erected, altered, moved or maintained, in whole or in part, in accordance with the regulations set forth in Chapter 1171 of this Zoning Ordinance.
(Ord. 1166. Passed 9-24-01.)
(Ord. 1166. Passed 9-24-01.)
1161.01 STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND OBJECTIVES.
(a) Statutory Authorization. Article XVIII, Section 3, of the Ohio Constitution grants municipalities the legal authority to adopt land use and control measures for promoting the health, safety, and general welfare of its citizens. Therefore, the Council does hereby ordain as follows:
(b) Findings of Fact.
(1) The flood hazard areas of the Municipality are subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.
(2) Uses that are inadequately elevated, flood-proofed, or otherwise protected from flood damage also contribute to the flood loss.
(c) Statement of Purpose. It is the purpose of this chapter to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:
(1) Protect human life and health;
(2) Minimize expenditure of public money for costly flood control projects;
(3) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
(4) Minimize prolonged business interruptions;
(5) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;
(6) Help maintain a stable tax base by providing for the proper use and development of areas of special flood hazard so as to protect property and minimize future flood blight areas;
(7) Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
(d) Methods of Reducing Flood Losses. In order to accomplish its purposes, this chapter includes methods and provisions for:
(1) Restricting or prohibiting uses which are dangerous to health, safety, and property due to water hazards, or which result in damaging increases in flood heights or velocities;
(2) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
(3) Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;
(4) Controlling filling, grading, dredging, excavating, and other development which may increase flood damage; and
(5) Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.
(Ord. 1166. Passed 9-24-01.)
1161.02 GENERAL PROVISIONS.
(a) Lands to Which This Chapter Applies. The Floodplain District shall apply to all areas of special flood hazard within the jurisdiction of the Municipality as identified by the Federal Emergency Management Agency (FEMA) or the U.S. Department of Housing and Urban Development (HUD) referenced in Section 1161.02 (b), including any additional areas of special flood hazard annexed by the Municipality.
(b) Basis For Establishing The Areas of Special Flood Hazard. The areas of special flood hazard have been identified by the Federal Emergency Management Agency in the Flood Insurance Rate Map dated June 4, 1987. The map (and any revisions thereto) is hereby adopted by reference and declared to be a part of this Chapter. The Flood Insurance Rate Map is on file at 211 North Jonesville Street, Montpelier, Ohio.
(c) Compliance. No structure or land shall hereafter be located, erected, constructed, reconstructed, repaired, extended, converted, enlarged or altered without full compliance with the terms of this Chapter and all other applicable regulations which apply to uses within the jurisdiction of this chapter, unless specifically exempted from filing for a development permit as stated in Section 1161.03(b), EXEMPTION FROM FILING A DEVELOPMENT PERMIT.
(d) Abrogation And Greater Restrictions. This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another chapter, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(e) Interpretation. In the interpretation and application of this chapter, all provisions shall be:
(1) Considered as minimum requirements;
(2) Liberally construed in favor of the governing body; and
(3) Deemed neither to limit nor repeal any other powers granted under state statutes. Where a provision of this chapter may be in conflict with a state law, such state law shall take precedence over this Chapter.
(f) Warning And Disclaimer of Liability. The degree of flood protection required by this Chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This Chapter does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damage. This Chapter shall not create liability on the part of any officer or employee thereof, or FEMA for any flood damage that results from reliance on this chapter or any administrative decision lawfully made thereunder.
(g) Violations And Penalties. Violation of the provisions of this Chapter or failure to comply with any of its requirements shall constitute a misdemeanor of the second degree. Any person who violates this Chapter or fails to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall upon conviction thereof be fined or imprisoned as provided by the laws of the Municipality. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the Municipality from taking such other lawful action as is necessary to prevent or remedy any violation. The Municipality shall prosecute any violation of this Chapter in accordance with the penalties stated herein.
(h) Severability. Should any section or provision of this Chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the Chapter as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid.
(Ord. 1166. Passed 9-24-01.)
1161.03 ADMINISTRATION.
(a) Establishment of Development Permit. A Development Permit shall be obtained from the Zoning Inspector before construction or development begins within any area of special flood hazard established in Section 1161.02 (b),. Application for a Development Permit shall be made on forms furnished by the Municipality and may include, but not be limited to: site specific topographic plans drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. The following information is required:
(1) Elevation in relation to mean sea level of the lowest floor, including basement, of all proposed structures located in areas of special flood hazard where base flood elevation data are utilized from any source;
(2) Elevation in relation to mean sea level to which any proposed nonresidential structure will be floodproofed in accordance with Section 1161.04(i) where base flood elevation data are utilized from any source;
(3) Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in Section 1161.04(i) where base flood elevation data are utilized from any source;
(4) Description of the extent to which any watercourse will be altered or relocated as a result of the proposed development and certification by a registered professional engineer that the flood carrying capacity of the watercourse will not be diminished.
(5) Certification by a registered professional engineer, architect, or surveyor of the structure's as-built lowest floor or flood proofed elevation.
(b) Exemption From Filing a Development Permit. An application for a Development Permit shall not be required for maintenance work such as roofing, painting, and basement sealing, or for small nonstructural development activities (except for filling and grading) valued at less than one thousand dollars ($1,000.00). Any proposed action exempt from filing for a Development Permit is also exempt from the standards of this Zoning Ordinance.
(c) Designation of The Flood Damage Prevention Chapter Administrator. The Zoning Inspector is hereby appointed to administer and implement this Chapter by granting or denying development permit applications in accordance with its provisions.
(d) Duties And Responsibilities of The Zoning Inspector. The duties and responsibilities of the Zoning Inspector shall include but are not limited to:
(e) Permit Review.
(1) Review all development permit applications to determine that the permit requirements of this Chapter have been satisfied.
(2) Review all development permit applications to assure that all necessary permits have been received from those federal, state or local governmental agencies from which prior approval is required. The applicant shall be responsible for obtaining such permits as required including permits issued by the Department of the Army under Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act.
(3) Review all development permit applications to determine if the proposed development is located within a designated floodway. Floodways are delineated in the Flood Boundary and Floodway Map or the Flood Insurance Rate Map of the Flood Insurance Study. Floodways may also be delineated in other sources of flood information. If the proposed development is located within a designated floodway, assure that the encroachment provision of Section 1161.05(a) is met.
(4) Inspect all development projects before, during, and after construction to ensure proper elevation of the structure and to ensure compliance with all provisions of this chapter.
(f) Use of Other Base Flood Elevation And Floodway Data. Areas of special flood hazard where base flood elevation data have not been provided by the Federal Emergency Management Agency in accordance with Section 1161.02(b), are designated as Zone A on the Flood Insurance Rate Map. Within these areas, the Zoning Inspector shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state, or other source, including data obtained under Section 1161.04(m), in order to administer Section 1161.04(h), 1161.04(i), and where floodway data are available, administer Section 1161.05.
(g) Information to Be Obtained And Maintained by The Village of Montpelier. Where base flood elevation data are utilized within areas of special flood hazard on the Municipality’s Flood Insurance Rate Map, regardless of the source of such data, the Zoning Inspector shall:
(1) Obtain and record the actual elevation (in relation to mean sea level) of the lowest floor, including basement, of all new or substantially improved structures, and record whether or not such structures contain an enclosure below the lowest floor;
(2) For all new or substantially-improved floodproofed nonresidential structures:
A. Verify and record the actual elevation (in relation to mean sea level) to which the structure was floodproofed; and,
(3) Maintain for public inspection all records pertaining to the provisions of this chapter, including base flood elevation data, Flood Insurance Rate Maps and Flood Boundary and Floodway Maps, variance documentation, Conditional Letters of Map Revision, Letters of Map Revision, Letters of Map Amendment, and as-built elevations.
(h) Alteration of Watercourses.
(1) Notify adjacent communities, the U.S. Army Corps of Engineers, and ODNR Division of Water, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to FEMA. A watercourse is considered to be altered if any change occurs within its banks.
(2) Maintain engineering documentation required in Section 1161.03(a)(4) that the flood carrying capacity of the altered or relocated portion of said watercourse will not be diminished.
(3) Require that necessary maintenance will be provided for the altered or relocated portion of said watercourse so that the flood carrying capacity will not be diminished.
(i) Interpretation of Flood Boundaries. Make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). Where a map boundary and field elevations disagree, the elevations delineated in the flood elevation profile from the Flood Insurance Study shall prevail. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 1161.06.
(j) Alteration of Community Boundaries. Upon occurrence, notify FEMA in writing whenever the boundaries of the Municipality have been modified by annexation or the community has assumed authority over an area, or no longer has authority to adopt and enforce floodplain management regulations for a particular area. In order that the Municipality Flood Insurance Rate Map accurately represent the Municipality’s boundaries, include within such notification a copy of a map of the Municipality suitable for reproduction, clearly delineating the new corporate limits or the new area for which the Municipality has assumed or relinquished floodplain management regulatory authority.
(Ord. 1166. Passed 9-24-01.)
1161.04 PROVISIONS FOR FLOOD HAZARD REDUCTION.
(a) General Standards. The following standards apply in all areas of special flood hazard including those where base flood elevation data have been provided. Where a structure, including its foundation members, is elevated on fill to or above the base flood level, the requirements for Section 1161.04(b), and Section 1161.04(c), are satisfied.
(b) Anchoring.
(1) All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
(2) All manufactured homes, not otherwise regulated under the Ohio Revised Code pertaining to manufactured home parks, shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors.
(c) Construction Materials And Methods.
(1) All new construction and substantial improvements shall be constructed with materials resistant to flood damage;
(2) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage; and
(3) All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or elevated so as to prevent water from entering or accumulating within the components during conditions of flooding.
(d) Utilities. The following standards apply to all water supply, sanitary sewerage and waste disposal systems not otherwise regulated by the Ohio Revised Code:
(1) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the systems;
(2) New and replacement sanitary sewerage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and,
(3) On site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
(e) Subdivision Proposals.
(1) All subdivision proposals, including manufactured home subdivisions, shall be consistent with the need to minimize flood damage;
(2) All subdivision proposals, including manufactured home subdivisions, shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage;
(3) All subdivision proposals, including manufactured home subdivisions, shall have adequate drainage provided to reduce exposure to flood damage; and
(4) All subdivision proposals, including manufactured home subdivisions, shall meet the specific standards of Section 1161.04(m).
(f) Standards in Areas of Special Flood Hazard Without Base Flood Elevation Data.
(1) In all areas of special flood hazard identified as Zone A on the Flood Insurance Rate Map where base flood elevation data are not available from any source, including Section 1161.03(f), the following provisions apply:
(2) New construction and substantial improvement of any residential (including manufactured homes), commercial, industrial, or other nonresidential structure shall have the lowest floor, including basement, elevated to the flood of record or at least two feet above the highest adjacent natural grade, whichever is greater.
(h) Residential Construction. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above the base flood elevation.
(i) Nonresidential Construction.
(1) New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to or above the base flood elevation; or, together with attendant utility and sanitary facilities, shall:
A. Be floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water to the level of the base flood elevation. In order to be eligible for lower flood insurance rates, the structure should be floodproofed at least one foot above the base flood elevation;
B. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
C. Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the standards of this subsection. Such certification shall be provided to the official as set forth in Section 1161.03(a)(3).
(j) Accessory Structures. A relief to the elevation or dry floodproofing standards may be granted for accessory structures (e.g., sheds, detached garages) containing no more than 576 square feet and a value of no more than ten thousand dollars ($10,000). Such structures must meet the encroachment provisions of Section 1161.05, Floodways, and the following additional standards:
(1) They shall not be used for human habitation;
(2) They shall be constructed of flood resistant materials;
(3) They shall be constructed and placed on the building site so as to offer the minimum resistance to the flow of flood waters;
(4) They shall be firmly anchored to prevent flotation;
(5) Service facilities such as electrical and heating equipment shall be elevated or floodproofed to or above the level of the base flood elevation; and,
(k) Manufactured Homes And Recreational Vehicles. The following standards shall apply to all new and substantially improved manufactured homes not subject to the manufactured home park requirements of Section 3733.01 of the Ohio Revised Code:
(2) Manufactured homes shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the base flood elevation.
These standards shall also apply to all recreational vehicles that are either (1) located on sites for 180 days or more, or (2) are not fully licensed and ready for highway use.
(l) Enclosures Below The Lowest Floor. The following standards apply to all new and substantially improved residential and nonresidential non-basement structures which are elevated to the base flood elevation using pilings, columns, posts, or solid foundation perimeter walls with openings sufficient to allow unimpeded movement of flood waters. Fully enclosed areas below the lowest floor that are useable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must:
(1) Be certified by a registered professional engineer or architect; or,
(2) Must meet or exceed the following criteria:
A. A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.
B. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
(m) Subdivisions And Large Developments. In all areas of special flood hazard where base flood elevation data have not been provided in accordance with Section 1161.02(b), or Section 1161.03(f), the following standards apply to all subdivision proposals, including manufactured home subdivisions, and other proposed developments containing at least 50 lots or 5 acres (whichever is less):
(1) The applicant shall provide base flood elevation data performed in accordance with standard engineering practices;
(Ord. 1166. Passed 9-24-01.)
1161.05 FLOODWAYS.
(a) Areas With Floodways. The Flood Insurance Study referenced in Section 1161.02(b) does not identify a segment within areas of special flood hazard known as a floodway. Floodways may be delineated in other sources of flood information as specified in Section 1161.03(f). The floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, projectiles, and cause erosion. The following provisions apply within all delineated floodway areas:
(1) Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless a hydrologic and hydraulic analysis performed in accordance with standard engineering practices demonstrates that the proposed encroachment would not result in any increase in flood levels during the occurrence of the base flood discharge.
(3) Any encroachment within the floodway that would result in an increase in base flood elevations can only be granted upon the prior approval by the FEMA. Such requests must be submitted by the Zoning Inspector to FEMA and must meet the requirements of the National Flood Insurance Program. (Ord. 1166. Passed 9-24-01.)
1161.06 VARIANCE PROCEDURE.
(a) Appeals Board.
(1) The Commission as established by the Village shall hear and decide appeals and requests for variances from the requirements of this Chapter.
(2) The Commission shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Commission in the enforcement or administration of this Chapter.
(3) Those aggrieved by the decision of the Commission or any taxpayer, may appeal such decision to the County Court of Common Pleas, as provided in Chapter 2506 of the Ohio Revised Code.
(4) In passing upon such applications, the Commission shall consider and make findings of fact on all evaluations, all relevant factors, standards specified in other sections of this Chapter, and
A. The danger that materials may be swept onto other lands to the injury of others;
B. The danger to life and property due to flooding or erosion damage;
C. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
D. The importance of the services provided by the proposed facility to the community;
E. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
F. The necessity to the facility of a waterfront location, where applicable;
G. The compatibility of the proposed use with existing and anticipated development;
H. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
I. The safety of access to the property in times of flood for ordinary and emergency vehicles;
J. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and,
K. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.
(5) Upon consideration of the factors of Section 1161.06(a)(4) and the purposes of this Chapter, the Commission may attach such conditions to the granting of variances as it deems necessary to further the purposes of this Chapter.
(6) The Zoning Inspector shall maintain the records of all appeal actions and report any variances to FEMA upon request.
(b) Conditions for Variances.
(1) Variances may only be issued where due to physical characteristics of the property compliance with the requirements of this Chapter creates an exceptional hardship. Increased cost or inconvenience of meeting the requirements of this chapter do not constitute an exceptional hardship.
(2) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
(3) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(4) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items (A. to K.) in Section 1161.06(a)(4) have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.
(5) Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
(6) Variances shall only be issued upon:
A. A showing of good and sufficient cause;
B. A determination that failure to grant the variance would result in exceptional hardship to the applicant;
C. A determination that the granting of a variance will not result in increased flood heights beyond that which is allowed in this chapter, additional threats to public safety, extraordinary public expense, nuisances, fraud on or victimization of the public as identified in Section 1161.06(a)(4), or conflict with existing local laws or chapters; and,
D. A determination that the structure or other development is protected by methods to minimize flood damages.
(7) Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
(Ord. 1166. Passed 9-24-01.)