Mount Vernon City Zoning Code

SCHEDULE OF

DISTRICT REGULATIONS

§ 161.310 GENERAL PROVISIONS.

(A) The headings in the following Schedule of District Regulations are self-explanatory. However, prior to any reference to the Schedule, refer to the following General Statement of Intent which is to be used as a guide in any interpretation of the various Statements of Intent and Regulations for Land Use Districts established by this Ordinance.

(B) GENERAL STATEMENT OF INTENT.

(1) The zoning districts hereby established are to effect a plan of land use which will:

(a) Create order out of chaos.

(b) Be based upon existing land use.

(c) Provide a pleasant and economical living environment for inhabitants of the Community through the establishment of a variety of districts to meet individual preferences and overall community needs.

(d) Utilize governmental and public utilities facilities in the most economical manner possible which in turn should provide the most service for the least cost.

(e) Preserve and enhance property values throughout the community by keeping like and compatible uses together, and to separate incompatible uses from each other by designation on the ZONING DISTRICT MAP which is an integral part of this Ordinance.

(2) Land values are highest in the Central Business District Area (CBD), and diminish as the distance from the CBO increases. Therefore, it is the purpose and intent of this Ordinance to conserve, protect, enhance, and utilize to the fullest extent possible these land values which the community has created. Consequently, in establishing these districts, the general objectives are to:

(a) utilize the existing CBD as the starting point and allowing within the CBD only appropriate uses,

(b) land adjacent to the CBD should permit high density (more people per acre) residential uses, and

(3) Existing ownership of land is generally in relatively small lot sizes and which often will be non-conforming to this ordinance. To implement the general intent of this ordinance, it is hoped that consolidation of these smaller parcels will be achieved either through private acquisition or some type of privately owned but unified control, and that planned developments will be the rule rather than the exception, especially in non-residential areas.

(4) (a) Portions of the existing thoroughfare network are the logical place for certain types of commercial uses, but should only be permitted in certain compact spots not only for their own welfare, but for the welfare of the entire community and its inhabitants. Land for industrial purposes should be provided, but location should be determined by

1. existing industrial uses,

2. relationships to the other land use districts, and

3. supporting transportation facilities in the thoroughfare system of the community.

(b) The intent for the remaining variety of land uses are stated in the individual statement of intent for each district. Perpetuation of non-conformities to the various Land Use Districts will be discouraged in the administration and interpretation of this ordinance.

(5) It is further intended that in the territorial limits outside the City limits the General Agriculture district be utilized as far as is practical until residential, commercial or industrial development is proposed as the case may be. It is also intended that any development proposed in the territorial limits outside the City limits be considered in conjunction with annexation agreements.

(1) The City of Mt. Vernon officially adopted a Comprehensive Plan on February 17, 1964. It is the intent of this Zoning Ordinance that the Comprehensive Plan and its subsequent officially adopted amendments be the guide for any development in the jurisdiction of this ordinance.

(2) In the event of any proposed amendment to this Zoning Ordinance which is in contradiction to the Comprehensive Plan, such amendment shall be preceded by an amendment to the Comprehensive Plan.

(Prior Code, Art. 21, § 21-300)

§ 161.311 LAND USE DISTRICTS LISTED.

A-G	General Agriculture
F P	Flood Plain
R-1	Low Density Residential
R-2	Medium Density Residential
R-M2	Medium Density Residential & Mobile Home
R-3	High Density Residential
R-MH	Planned Manufactured/Mobile Home
B-1	Primary Business
B-2	Secondary Business
B-3	Interchange Business
B-PL	Planned Business
I-1	Light Industrial
I-2	General Industrial
I-A	Industrial Agricultural
IPCA-PUD	Industrial Park Conservation Area

(Prior Code, Art. 21, § 21-300)

§ 161.312 A-G GENERAL AGRICULTURE.

(A) A-G Land Use District Statement of Intent. It is the intent of this district to provide land for purposes devoted primarily to the production of agricultural products such as field crops, livestock, fowl and other conventional agricultural pursuits. This district is also created to assist in the conservation of the natural resources within the jurisdiction of this ordinance by encouraging practices which will conserve soil, soil resources, water, water resources, and prevent soil erosion and floodwater damages. Utilities other than electricity and telephone should be provided by the land user thereby discouraging the uneconomical extension of public water supply and sewage disposal facilities. Uses not related to Agriculture are discouraged. When the public interest will be served and only when a contribution will be made to orderly growth, portions of this district may be rezoned for alternative uses.

(B) NOTES. For Sign Regulations see §§ 161.240 through 161.258 of this Ordinance.

(1) Building and enclosed pens for livestock, fowl and animals shall not be closer than 200’ from any adjoining district.

(2) Principal and accessory buildings shall not be closer than 100’ from any adjoining parcel.

(3) Principal and accessory buildings shall not be closer than 50’ from any adjoining parcel.

(4) Principal, accessory buildings and operations shall not be closer than 500’ from any adjoining parcel.

(5) See State Law.

(6) See definition of Home Occupation.

(7) Principal, accessory buildings and operations shall not be closer than 100’ from any adjoining parcel.

(1) Permitted Principal Uses and Structures.

(a) Agriculture and Agriculture buildings in connection with a bona fide farm operation. See Note (1).

(b) Cemeteries.

(d) Essential Services.

(e) Forest Preserves.

(f) Single Family Farm Dwellings.

(g) Wireless communication facility placed on existing nonresidential structure as described within §§ 161.365 through 161.378.

(h) Municipally Owned Parks and Recreational Areas.

(i) Public Secondary Schools.

(j) Non-Commercial Solar Energy Facility- see Chapter 160 of the Revised Code.

(2) Permitted Accessory Uses and Structures. Accessory uses and structures customarily incidental to permitted principal uses and on the same parcel including:

(a) Residential garages.

(b) Living quarters of persons employed on the premises.

(d) Truck or Equipment Terminal, but only with a Conditional Use Permit.

(e) Roadside produce stands in conjunction with a bonafide farm.

(f) Kennel.

(3) Conditional Uses: After notice & appropriate safeguards, the City Council may permit as Conditional Uses:

(a) Sale of Greenhouse products grown on premises.

(b) Riding Stables. See Note (1).

(d) Seasonal fishing, hunting lodge, gun club or related operation.

(e) Railroad.

(f) Stadium or coliseum, horse or auto race track. See Notes (1), (4).

(g) Penal or Correctional Institution. See Note (2).

(h) Airport or Heliport. See Note (5).

(i) Commercial agricultural storage operations.

(j) Public utility substation; Energy Park; Wind Farm, Park or Plant; for Commercial Solar Energy Facility - see Chapter 160 of the Revised Code of Ordinances.

(k) Public sewage disposal plant or public water plant. See Note (4).

(l) Freestanding Wireless Communication Facility as described within §§ 161.365 through 161.378.

(m) Sanitary landfill or other qualified disposal system. See Note (7).

(n) Commercial Radio or Television Station.

(o) Mineral extractive operations outside corporate limits, including but not limited to: coal, oil, rock, gravel, sand and the related processing operations, storing and sale of such materials. (4)

(p) Travel Trailer Park.

(q) Truck Terminal or Equipment Terminal, but only as an accessory use to a Permitted Use.

(r) Cannabis Cultivation Center or Cannabis Craft Grower (must be 1500 feet distance between each use as measured from each property line).

(5) Prohibited Uses. Any use more appropriate to another zone or zones including, but not limited to:

(a) Mobile Homes.

(b) Non-farm dwellings.

(d) Abandoned Automobile.

(e) Automobile Wrecking.

(f) Mineral extractive operations within corporate limits.

(g) Truck Stop.

(6) Minimum lot area; Minimum yards (all buildings); Minimum floor area (principal buildings); Maximum height (all buildings); Maximum floor area ratio (all buildings).

(a) MIN. LOT AREA: 5 acres, except for: churches and cemeteries in which case 2 acres; and conditional uses as determined by the Planning Commission.

(b) MIN. LOT WIDTH: 300’.

(d) MIN. REAR YARD DEPTH: 100’.

(e) 100’ MIN. FLOOR AREA: 1000 Sq. Ft.

(f) MAX. HEIGHT: 40’ except barns and silos.

(g) MAX. STORIES: 3.

(h) MAX. FLOOR AREA RATIO: N/A.

(7) Minimum off-street parking & loading.

land use	parking spaces	loading spaces
Dwelling unit	2	0
Home Occupation	+1	0
Churches per 4 seats in main auditorium	1	0
Sanitary landfill or other qualified disposal plant per 3 employees	1	0

(8) All remaining permitted uses and conditional uses if permitted are subject to the Planning Commission. Consideration shall be given to recommendation of administrative official.

(Prior Code, Art. 21, § 21-300) (Ord. 2023-30, passed 8-21-2023)

§ 161.313 F-P FLOOD PLAIN.

(A) F-P Land Use District Statement of Intent. It is the intent of this district to delineate reasonable high water marks within the jurisdiction of this ordinance. For reasons of health, safety and the general welfare, it is in the public interest to permit only limited types of uses within these areas which are subject to flooding and require emergency services. A factor recognized in determining reasonable high water marks is that as urban land use increases, storm water runoff will also tend to increase, consequently taxing the water carrying capacity of certain low lying areas within the jurisdiction of this ordinance. The development of roads, streets, highways, water and sewer lines are discouraged in this district, as such improvements would tend to encourage further developments.

(B) NOTES. For Sign Regulations see §§ 161.240 through 161.258 of this Ordinance.

(1) Building and enclosed pens for livestock, fowl and animals shall not be closer than 200’ from any adjoining district.

(2) Principal, accessory buildings and operations shall not be closer than 500’ from any adjoining parcel.

(3) See State Law.

(1) Permitted Principal Uses and Structures.

(a) Agriculture and Customary Agricultural buildings and structures. See Note (1).

(b) Parks & Playgrounds.

(d) Stadium or Coliseum. See Note (2).

(e) Horse or Auto race track. See Note (1).

(f) Essential Services.

(g) One artificial lake of 3 acres or less.

(h) Wireless communication facility placed on existing nonresidential structure as described within §§ 161.365 through 161.378.

(i) Non-Commercial Solar Energy Facility- see Chapter 160 of the Revised Code.

(2) Permitted Accessory Uses and Structures.

(a) Accessory uses and structures incidental to permitted uses and structures and on the same parcel.

(b) One artificial lake of 3 acres or less.

(3) Conditional Uses. After notice & appropriate safeguards, the City Council may permit as Conditional Uses:

(a) Accessory uses of permitted principal uses in adjoining districts (such as parking lots, golf courses, etc.) and which are compatible with the statement of intent for this district.

(b) Freestanding wireless communication facility as described within §§ 161.365 through 161.378.

(d) Drive In Theater.

(e) More than one artificial lake of 3 acres or less.

(f) Artificial lake of 3 or more acres depending on recommendation of qualified agricultural engineer.

(g) If it can demonstrated to the City Council that such land is or may be adequately drained and that the water table elevation will permit successful utilization of the land, and if a hydraulic study is submitted from a qualified hydraulic engineer providing the proposed use will not impede the flow of water nor increase the flow velocity onto downstream properties, a permit may be granted for a use which is compatible, contiguous and subject to the regulations governing the adjoining district(s). Adequate drainage and necessary supporting structures shall be installed prior to the use & occupancy of the land.

(h) Mineral extractive operations outside corporate limits, including but not limited to: coal, oil, rock, gravel, sand and the related processing operations, storing and sale of such materials. (2)

(4) Prohibited Uses. Any use more appropriate to another zone or zones including, but not limit to:

(a) Residential Dwellings farm or non-farm.

(b) Commercial structures.

(d) Railroads.

(e) Mobile Homes.

(f) Travel Trailers.

(g) Landfills.

(h) Filling to raise the area above high water elevation.

(i) Mineral extractive operations within corporate limits.

(j) Equipment Terminal, Truck Terminal, Truck Stop.

(5) Minimum lot area; Minimum yards (all buildings); Minimum floor area (principal buildings); Maximum height (all buildings); Maximum floor area ratio (all buildings).

(a) MIN. LOT AREA: 4 acres, except for: parks and playgrounds, in which case 1 acre; Heliports, 2 acres.

(b) MIN. LOT WIDTH: 200’.

(d) MIN. REAR YARD DEPTH: 60’ MIN.

(e) SIDE YARD WIDTH: 30’.

(f) MIN. FLOOR AREA: 1000 Sq. Ft.

(g) MAX. HEIGHT: 40’.

(h) MAX. STORIES: 3.

(i) MAX. FLOOR AREA RATIO: N/A.

(6) Minimum off-street parking & loading.

land use

parking spaces

loading spaces

(7) Permitted uses and conditional uses if permitted are subject to the Planning Commission. Consideration shall be given to recommendation of administrative official.

(Prior Code, Art. 21, § 21-300) (Ord. 2023-30, passed 8-21-2023)

§ 161.314 R-1 LOW DENSITY RESIDENTIAL.

(A) R-1 Land Use District Statement of Intent.

(1) It is the intent of this district to provide land within and in some cases adjacent to the corporate limits of the community for single family residential purposes. Persons residing in this district prefer and are entitled to maximum protection from the encroachment of other types of uses which are not appropriate to residential areas. Other reasons for the establishment of this district are: to maintain a quiet atmosphere within the district; to discourage incompatible uses within the district. Care has been taken and shall be taken in the delineation and expansion of this district to assure that adequate public water is available and that individual sewage disposal systems will not be required.

(2) Maximum density: 4.0 D.U. per gross acre.

(B) NOTES. For Sign Regulations see §§ 161.240 through 161.258.

(1) All outdoor areas of a Day Care Center or Day Care Home where any child may reasonably be expected to be present shall be enclosed by a four foot chain link or 6 foot privacy fence approved by the Building Inspector unless waived by City Council.

(1) Permitted Principal Uses and Structures.

(a) Single family residential units.

(b) Parks, public schools and recreation buildings; libraries and public buildings.

(c) Small Community Residence, provided that the lot line of such property is located not less than 300’ from another Small Community Residence and that prior to occupancy a Certificate of Zoning Compliance is applied for and received.

(d) Wireless Communication Facility placed on existing nonresidential structure as described within §§ 161.365 through 161.3778.

(e) Non-Commercial Solar Energy Facility- see Chapter 160 of the Revised Code.

(2) Permitted Accessory Uses and Structures. Accessory uses and structures customarily incidental to permitted principal uses and on the same parcel.

(3) Conditional Uses. After notice & appropriate safeguards, the City Council may permit as Conditional Uses:

(a) Planned unit developments with minimum tracts of 10 acres provided that any such planned unit development shall be compatible to the Comprehensive Plan especially the Thoroughfare Plan for the City. Provided further, if the proposed development is only for a portion of contiguous landholdings of the applicant, then a plan showing anticipated uses, densities and circulation (traffic or thoroughfare) patterns for the entire property shall be submitted with the application. Planned unit developments shall meet performance standards of § 161.291 of this ordinance.

(b) Parking lots when abutting a permitted use in the commercial or manufacturing zones, when incidental to such permitted uses.

(d) Churches or private schools and subordinate uses related thereto.

(e) Day Care Center or Day Care Home.

(f) Fire Stations.

(g) Kennel.

(h) Historical Museum Park.

(i) Bed and Breakfast Establishment.

(j) Small Community Residence whose lot line is located less than 300 feet from the lot line of another Small Community Residence, provided that the Planning Commission for the City finds that the cumulative effect of such use would not alter the residential character of the neighborhood, would not create an institutional setting, and its operation would not create an adverse effect upon surrounding properties, and that prior to occupancy, a Certificate of Zoning Compliance is applied for and received.

(k) “Weddings and Private Receptions Venue”; said Conditional Use shall be subject to the following requirements:

1. minimum lot size shall be 25 acres;

2. a Site Plan shall be submitted and made part of the Conditional Use showing exact location, square footage, and usage of all structures, parking, and other improvements, and thereafter no existing structure, parking, or improvement shall be increased in size nor shall an additional structure, parking, or other improvement be placed upon the premises and no change in use of a structure, parking, or improvement shall be made without subsequent amendment of the Conditional Use, provided that the Conditional Use may be abandoned in its entirety whereupon the property may be used for Permitted Uses within its applicable Zoning Classification without additional Council action;

3. no permanent residency by any person is permitted upon the premises;

4. temporary occupancy, including overnight, by a wedding party and/or wedding party guests for a wedding upon the premises or for a wedding at another location corresponding to the duration of the wedding or reception events is permitted, but no other overnight occupancy is permitted;

5. all events upon the premises shall be private gatherings for invited guests only and shall not be open to the general public;

6. the minimum setback from streets for all yards with street frontage shall be 700 feet and the setback area shall be a green landscaped area only, except for permitted signage, with no variance permitted, provided the City Council may increase the setback as necessary to protect adjoining residential uses;

7. the area for parking during an event shall be in the rear yard upon parking spaces improved for such purpose and shall be situated so as to reasonably minimize visibility from any public street;

8. no building within a side or rear yard shall be placed within 150 feet of the property line of an adjoining owner, with no variance permitted, provided the City Council may increase said 150 foot setback as necessary to protect adjoining residential uses;

9. no signage shall be permitted except signage permitted within § 161.249(C) of the Revised Code, provided that in no event shall any illuminated, animated, or moving sign or electronic message center or temporary sign be permitted;

10. no outdoor event shall be permitted upon the premises except during the hours from 9 a.m. until 11 p.m.;

11. between the hours of 9 a.m. and 10 p.m. no event shall produce amplified sound which is plainly audible across a property boundary line of the premises at a distance of more than 200 feet from said property line, and at all other times no amplified sound shall be audible across a property boundary line of the premises;

12. no strobe, flashing, party, laser, or similar effects lighting shall be directly visible from any street or from any adjoining property;

13. an employee of the Weddings and Private Receptions Venue must be upon the premises at all times during an event and all events shall be under the supervision and responsibility of the employee; and

14. such additional conditions as determined by the City Council to be necessary to protect adjoining residential uses.

(4) Prohibited Uses.

(a) Any use more appropriate to another zone or zones including, but not limit to:

(b) Mobile Homes (except nonresidential church uses where permitted by conditional use approval).

(d) Industrial uses.

(e) Mineral Extractive Operation.

(f) Abandoned Automobile.

(g) Automobile Wrecking.

(h) Truck or Equipment Terminal, Truck Stop.

(i) Sign Off Site.

(5) Minimum lot area; Minimum yards (all buildings); Minimum floor area (principal buildings); Maximum height (all buildings); Maximum floor area ratio (all buildings).

(a) MIN. LOT AREA: 10,000 Sq. Ft.

(b) MIN. LOT WIDTH: 70’.

(d) MIN. SIDE YARD: 10% of lot width on each side but shall not be less than 8’ and need not be more than 15’.

(e) MIN. REAR YARD: 25’.

(f) MIN. FLOOR AREA: 1,200 Sq. Ft. exclusive of garage.

(g) MAX. HEIGHT: 30’ MAX. STORIES: 2.

(h) MAX. FLOOR AREA RATIO: N/A.

(6) Minimum off-street parking & loading.

Land use	parking spaces	loading spaces
Residential dwellings on neighborhood streets	2
If lots face on a collector or arterial street	4
Fire station per two employees on maximum shift	1
Schools, per four seats in Main auditorium	1	0
All employees and visitors for a Historical Museum Park shall have off-street parking.

(7) All remaining permitted uses and conditional uses if permitted are subject to the Planning Commission. Consideration shall be given to recommendation of administrative official.

(Prior Code, Art. 21, § 21-300) (Ord. 2023-30, passed 8-21-2023)

§ 161.315 R-2 MEDIUM DENSITY RESIDENTIAL.

(A) R-2 Land Use District Statement of Intent.

(1) It is the intent of this district to provide land within and in some cases adjacent to the corporate limits of the community for single and two family residential purposes. Persons and families residing in this district are entitled to protection from the encroachment of other types of uses which are not appropriate to medium density residential area: In relation to R-1 Districts (low density residential), R-2 Districts provide for higher traffic flow; maintain a relatively quiet atmosphere; discourage incompatible uses; provide less but adequate open space. Care has been taken and shall be taken in the delineation and expansion of this district to assure that adequate public water is available and that individual sewage disposal systems will not be required.

(2) Maximum density: 6.5 D.U. per gross acre.

(B) NOTES. For Sign Regulations see §§ 161.240 through 161.258 of this Ordinance.

(1) Permitted Principal Uses and Structures.

(a) Dwellings, single family.

(b) Parks, public schools and recreation buildings; libraries and public buildings.

(d) Wireless Communication Facility placed on an existing nonresidential structure as described within §§ 161.365 through 161.378.

(e) Non-Commercial Solar Energy Facility- see Chapter 160 of the Revised Code.

(2) Permitted Accessory Uses and Structures. Accessory uses and structures customarily incidental to permitted principal uses and on the same parcel.

(3) Conditional Uses. After notice & appropriate safeguards, the City Council may permit as Conditional Uses:

(a) Dwellings: Two-family.

(b) Planned unit developments with minimum tracts of 10 acres provided that any such planned unit development shall be compatible to the Comprehensive Plan especially the Thoroughfare Plan for the City. Provided further, if the proposed development is only for a portion of contiguous landholdings of the applicant, then a plan showing anticipated uses, densities and circulation (traffic or thoroughfare) patterns for the entire property shall be submitted with the application. Planned unit developments shall meet performance standards of § 161.291 of this ordinance.

(c) Parking lots when abutting a permitted use in the commercial or manufacturing zones, when incidental to such permitted uses.

(d) Public Utility Facilities.

(e) Churches or private schools and subordinate uses related thereto.

(f) Day Care Center or Day Care Home.

(g) Fire Stations.

(h) Hospital or Nursing Home.

(i) Funeral Homes.

(j) Public Libraries.

(k) Kennel.

(l) Historical Museum Park.

(m) Small Community Residence whose lot line is located less than 300 feet from the lot line of another Small Community Residence, provided that the Planning Commission for the City finds that the cumulative effect of such use would not alter the residential character of the neighborhood, would not create an institutional setting, and its operation would not create an adverse effect upon surrounding properties, and that prior to occupancy, a Certificate of Zoning Compliance is applied for and received.

(n) Large Community Residence, provided that the lot line of such residence shall be located not less than 300 feet from the lot line of a Small or Large Community Residence. The spacing requirement may be varied (lessened) but such variance shall require a finding by the Planning Commission that the cumulative effect of such uses would not alter the residential character of the neighborhood, would not create an institutional setting, and, by its operation, would not create an adverse effect upon surrounding properties; and further provided that prior to admitting residents the operator of such residence shall demonstrate that the dwelling will comply with all applicable licensing standards, and that prior to occupancy, a Certificate of Zoning Compliance is applied for and received.

(o) Adult Day Care.

(p) Bed and Breakfast Establishment.

(q) “Weddings and Private Receptions Venue”; said Conditional Use shall be subject to the following requirements:

1. minimum lot size shall be 25 acres;

3. no permanent residency by any person is permitted upon the premises;

5. all events upon the premises shall be private gatherings for invited guests only and shall not be open to the general public;

7. the area for parking during an event shall be in the rear yard upon parking spaces improved for such purpose and shall be situated so as to reasonably minimize visibility from any public street;

10. no outdoor event shall be permitted upon the premises except during the hours from 9 a.m. until 11 p.m.;

12. no strobe, flashing, party, laser, or similar effects lighting shall be directly visible from any street or from any adjoining property;

14. such additional conditions as determined by the City Council to be necessary to protect adjoining residential uses.

(4) Prohibited Uses. Any use more appropriate to another zone or zones including, but not limited to:

(a) Mobile Homes.

(b) Commercial uses.

(d) Mineral Extractive Operation.

(e) Abandoned Automobile.

(f) Automobile Wrecking.

(g) Truck or Equipment Terminal, Truck Stop.

(5) Minimum lot area; Minimum yards (all buildings); Minimum floor area (principal buildings); Maximum height (all buildings); Maximum floor area ratio (all buildings).

(a) MIN. LOT AREA: 5,000 sq. ft. per single family dwelling unit and boarding houses; 3,300 sq. ft. per DU in 2-family structures; 7,000 sq. ft. for uses other than residential.

(b) MIN. LOT WIDTH: 50’.

(c) MIN. FRONT YARD: 15’ or the average front yard of parcels where structures exist in the same block, on the same side of the street at the time a building permit is issued.

(d) MIN. REAR YARD: 15’.

(e) MIN. SIDE YARD: 10% of lot width on each side but shall not be less than 8’ and need not be more than 15’.

(f) MIN. FLOOR AREA: Residential per dwelling unit exclusive of garages: 1 & 2 Family - 800 each. Nonresidential: 1,000 sq. ft.

(g) MAX. HEIGHT: 35’ MAX. STORIES: 3 MAX. FLOOR AREA RATIO: N/A.

(6) Minimum off-street parking & loading.

land use	parking spaces	loading spaces
Each dwelling unit of 900 sq. ft. or more	2
Each dwelling unit under 900 sq. ft.	1.5
Fire station per 2 employees on working shift	1.5
Libraries per 2 employees plus 1 per 6 reading or studying chairs	1
Schools, per 4 seats in Main auditorium	1	0
All employees and visitors for a Historical Museum Park shall have off-street parking.

(7) All remaining permitted uses and conditional uses if permitted are subject to the Planning Commission. Consideration shall be given to recommendation of administrative official.

(Prior Code, Art. 21, § 21-300) (Ord. 2023-30, passed 8-21-2023)

§ 161.316 R-M2 MEDIUM DENSITY RESIDENTIAL AND MOBILE HOME.

(A) R-M2 Land Use District Statement of Intent.

(1) It is the intent of this district to provide land within and in some cases adjacent to the corporate limits of the community for single and two family residential purposes. Persons and families residing in this district are entitled to protection from the encroachment of other types of uses which are not appropriate to medium density residential area: In relation to R-1 Districts (low density residential), R-M2 Districts provide for higher traffic flow; maintain a relatively quiet atmosphere; discourage incompatible uses; provide less but adequate open space. Care has been taken and shall be taken in the delineation and expansion of this district to assure that adequate public water is available and that individual sewage disposal systems will not be required

(2) Maximum density: 6.5 D.U. per gross acre.

(B) NOTES. For Sign Regulations see §§ 161.240 through 161.258 of this Ordinance.

(1) Permitted Principal Uses and Structures.

(a) Dwellings: Single Family; Two Family.

(b) Parks, public schools and recreation buildings; libraries and public buildings.

(d) Wireless Communication Facility placed on an existing nonresidential structure as described within §§ 161.365 through 161.378.

(e) Mobile Homes.

(f) Non-Commercial Solar Energy Facility- see Chapter 160 of the Revised Code.

(2) Permitted Accessory Uses and Structures. Accessory uses and structures customarily incidental to permitted principal uses and on the same parcel.

(3) Conditional Uses. After notice & appropriate safeguards, the City Council may permit as Conditional Uses:

(b) Parking lots when abutting a permitted use in the commercial or manufacturing zones, when incidental to such permitted uses.

(d) Churches or private schools and subordinate uses related thereto.

(e) Day Care Center or Day Care Home.

(f) Fire Stations.

(g) Hospital or Nursing Home.

(h) Funeral Homes.

(i) Public Libraries.

(j) Kennel.

(k) Historical Museum Park.

(l) Small Community Residence whose lot line is located less than 300 feet from the lot line of another Small Community Residence, provided that the Planning Commission for the City finds that the cumulative effect of such use would not alter the residential character of the neighborhood, would not create an institutional setting, and its operation would not create an adverse effect upon surrounding properties, and that prior to occupancy, a Certificate of Zoning Compliance is applied for and received.

(m) Large Community Residence, provided that the lot line of such residence shall be located not less than 300 feet from the lot line of a Small or Large Community Residence. The spacing requirement may be varied (lessened) but such variance shall require a finding by the Planning Commission that the cumulative effect of such uses would not alter the residential character of the neighborhood, would not create an institutional setting, and, by its operation, would not create an adverse effect upon surrounding properties; and further provided that prior to admitting residents the operator of such residence shall demonstrate that the dwelling will comply with all applicable licensing standards, and that prior to occupancy, a Certificate of Zoning Compliance is applied for and received.

(n) Adult Day Care.

(o) Bed and Breakfast Establishment.

(4) Prohibited Uses. Any use more appropriate to another zone or zones including, but not limited to:

(a) Commercial uses.

(b) Industrial uses.

(d) Abandoned Automobile.

(e) Automobile Wrecking.

(f) Truck or Equipment Terminal, Truck Stop.

(5) Minimum lot area; Minimum yards (all buildings); Minimum floor area (principal buildings); Maximum height (all buildings); Maximum floor area ratio (all buildings).

(a) MIN. LOT AREA: 5,000 sq. ft. per single family dwelling unit and boarding houses; 3,300 sq. ft. per DU in 2-family structures; 7,000 sq. ft. for uses other than residential.

(b) MIN. LOT WIDTH: 50’.

(c) MIN. FRONT YARD: 15’ or the average front yard of parcels where structures exist in the same block, on the same side of the street at the time a building permit is issued.

(d) MIN. REAR YARD: 15’.

(e) MIN. SIDE YARD: 10% of lot width on each side but shall not be less than 8’ and need not be more than 15’.

(f) MIN. FLOOR AREA: Residential per dwelling unit exclusive of garages: 1 & 2 Family - 800 each. Nonresidential: 1,000 sq. ft.

(g) MAX. HEIGHT: 35’.

(h) MAX. STORIES: 3.

(i) MAX. FLOOR AREA RATIO: N/A.

(6) Minimum off-street parking & loading.

land use	parking spaces	loading spaces
Each dwelling unit of 900 sq. ft. or more	2
Each dwelling unit under 900 sq. ft.	1.5
Fire station per 2 employees on working shift	1.5
Libraries per 2 employees plus 1 per 6 reading or studying chairs	1
Schools, per 4 seats in Main auditorium	1	0
All employees and visitors for a Historical Museum Park shall have off-street parking.

(7) All remaining permitted uses and conditional uses if permitted are subject to the Planning Commission. Consideration shall be given to recommendation of administrative official.

(Prior Code, Art. 21, § 21-300) (Ord. 2023-30, passed 8-21-2023)

§ 161.317 R-3 HIGH DENSITY RESIDENTIAL.

(A) R-3 Land Use District Statement of Intent.

(1) This district is created to allow the most intensive residential development in the community, but also to provide for adequate off-street parking and open space. To permit a larger variety of uses which are not inconsistent with the aims of this district which shall be dominantly residential in character. Adequate public water and sewer are available to meet the needs of this high density residential area, and shall be available in any additional area proposed for this district.

(2) Maximum density: 40 D.U. per gross acre.

(B) NOTES. For Sign Regulations see §§ 161.240 through 161.258 of this Ordinance.

(1) Permitted Principal Uses and Structures.

(a) Multifamily dwelling units.

(b) Public Libraries.

(d) Essential services.

(e) Boarding Houses.

(f) Business & Professional Offices.

(g) Small Community Residence, provided that the lot line of such property is located not less than 300’ from another Small Community Residence and that prior to occupancy a Certificate of Zoning Compliance is applied for and received.

(h) Large Community Residence, provided that the lot line of such residence shall be located not less than 300 feet from the lot line of a Small or Large Community Residence; and further provided that prior to admitting residents, the operator of such residence shall demonstrate that the dwelling will comply with all applicable licensing standards, and that prior to occupancy a Certificate of Zoning Compliance is applied for and received.

(i) Wireless Communication Facility placed on an existing nonresidential structure as described within §§ 161.365 through 161.378.

(j) Non-Commercial Solar Energy Facility- see Chapter 160 of the Revised Code.

(2) Permitted Accessory Uses and Structures.

(a) Accessory uses and structures customarily incidental to permitted principal uses and on the same parcel.

(b) Residential garages.

(3) Conditional Uses. After notice & appropriate safeguards, the City Council may permit as Conditional Uses:

(a) Churches or private schools and subordinate uses related thereto.

(b) Day care center or day care home.

(d) Hospital or Nursing Home.

(e) Parking areas for uses in adjoining less restricted district(s).

(f) Planned unit developments with minimum tracts of 2 acres in accordance with the provisions for planned unit developments in § 161.292.

(g) Private Clubs & Lodges.

(h) Dining or drinking facilities in clubs or lodges restricted to members and/or bonafide guests of members, and not operated as a public facility.

(i) Funeral Homes.

(j) Town house development of 5 or more units.

(k) Condominium.

(l) Kennel.

(n) Large Community Residence, provided that the lot line of such residence shall be located not less than 300 feet from the lot line of another Large Community Residence provided that the Planning Commission finds that the cumulative effect of such uses would not alter the residential character of the neighborhood, would not create an institutional setting, and, by its operation, would not create an adverse effect upon surrounding properties, and that prior to occupancy a Certificate of Zoning Compliance is applied for and received.

(o) Adult Day Care.

(p) Residential Facility for Homeless Persons.

(q) Residential Group Facility for Homeless Persons.

(r) Bed and Breakfast Establishment.

(s) “Weddings and Private Receptions Venue”; said Conditional Use shall be subject to the following requirements:

1. minimum lot size shall be 25 acres;

3. no permanent residency by any person is permitted upon the premises;

5. all events upon the premises shall be private gatherings for invited guests only and shall not be open to the general public;

7. the area for parking during an event shall be in the rear yard upon parking spaces improved for such purpose and shall be situated so as to reasonably minimize visibility from any public street;

10. no outdoor event shall be permitted upon the premises except during the hours from 9 a.m. until 11 p.m.;

12. no strobe, flashing, party, laser, or similar effects lighting shall be directly visible from any street or from any adjoining property;

14. such additional conditions as determined by the City Council to be necessary to protect adjoining residential uses.

(4) Prohibited Uses. Any use more appropriate to another zone or zones including, but not limited to:

(a) Single Family Dwelling Units except town houses.

(b) Open Storage of Construction Equipment.

(d) Industrial Uses.

(e) Commercial Uses.

(f) Mineral Extractive Operation.

(g) Abandoned Automobile.

(h) Automobile Wrecking.

(i) Truck or Equipment Terminal, Truck Stop.

(5) Minimum lot area; Minimum yards (all buildings); Minimum floor area (principal buildings); Maximum height (all buildings); Maximum floor area ratio (all buildings).

(a) MIN. LOT AREA:

MIN. LOT AREA:
If parking is not within structure
Effic.	800 sq. ft. lot area per DU
1 Bedrm	1100 sq. ft. lot area per DU
2 Bedrm	1300 sq. ft. lot area per DU
3 Bedrm	1600 sq. ft. lot area per DU
If parking is within structure:
Effic.	750 sq. ft. lot area per DU
1 Bedrm	1000 sq. ft. lot area per DU
2 Bedrm	1150 sq. ft. lot area per DU
3 Bedrm	1400 sq. ft. lot area per DU
Nonresidential:	4000 sq. ft.

(b) MIN. LOT WIDTH: 50’ 25’ for townhouse.

(d) MIN. REAR YARD: 15’.

(e) MIN. SIDE YARD: 10’+ 2’ for each story over 3.

(f) MIN. FLOOR AREA: Residential per dwelling unit exclusive of garages: 2 Family 800 each; 3 or more family 600 each; nonresidential 800.

(g) MAX. HEIGHT: 200’.

(h) MAX. STORIES: 20, providing any structure over 3 stories shall have an integral passenger elevator.

(i) MAX F.A.R. per story: .75 for 1; 1.20 for 2; 1.60 for 3; 2.00 for 4; 2.40 for 5; 2.80 for 6; 3.20 for 7; 3.60 for 8; 4.00 for 9; 4.40 for10; 4.80 for 11; 5.20 for 12 & up.

(6) Minimum off-street parking & loading.

Land use	Parking spaces	Loading spaces
Each dwelling unit of 900 sq. f.t. or more	2
Each dwelling unit under 900 sq. ft.	1.5
Boarding House. Plus 1 each per lodging room or fraction thereof	2
Fire station per 2 employees on working shift	1
Kindergarten or Day Nursery per 5 students	1	0
Hospital or Nursing Home /beds	1	1 up to 200 beds
		2-200—500beds
		3-over 500 beds
Churches, Schools, Funeral Homes per 4 seats in main auditorium	1	0
Libraries per 2 employees plus 1 per six reading or studying chairs	1	0
Private Clubs or Lodges	Subject to Planning Commission Approval

(Prior Code, Art. 21, § 21-300) (Ord. 2023-30, passed 8-21-2023)

§ 161.318 R-MH PLANNED MANUFACTURED/MOBILE HOME.

(A) R-MH Land Use District Statement of Intent.

(1) This district is created to preserve and enhance property values in the community by providing designated, distinctive areas in which manufactured homes and mobile homes (which terms are synonymous) may be situated for residential dwelling purposes. It is the intent that this district be a desirable permanent area providing adequate open space, and essentially the same considerations given to residents of R-1 & R-2 Districts. Any land so designated must necessarily be through the rezoning process, and thus will require amendment to the Zoning Ordinance Zoning District Map. See Note (1) below.

(2) Maximum density: 12.0 D.U. per gross acre.

(B) NOTES. For Sign Regulations see §§ 161.240 through 161.258 of this Ordinance

(1) All R-MH Districts shall comply with the performance standards indicated in § 161.293 of this ordinance.

(1) Permitted Principal Uses and Structures.

(a) Manufactured/Mobile Home dwellings.

(b) Laundromats including facilities for coin operated dry cleaning machines.

(d) Essential Services.

(e) Wireless Communication Facility placed on an existing nonresidential structure as described within §§ 161.365 through 161.378.

(f) Non-Commercial Solar Energy Facility- see Chapter 160 of the Revised Code.

(2) Permitted Accessory Uses and Structures. Only those accessory uses and structures customarily incidental to principal uses and structures.

(3) Conditional Uses. After notice & appropriate safeguards, the City Council may permit as Conditional Uses: None.

(4) Prohibited Uses. Any use more appropriate to another zone or zones including, but not limited to:

(a) Agriculture, conventional dwelling units, industrial uses, mobile homes not having access to public water and sanitary sewers.

(b) Commercial uses unless part of a planned development.

(d) Automobile Wrecking.

(e) Kennel.

(f) Truck or Equipment Terminal, Truck Stop.

(g) Mineral Extractive Operations.

(5) Minimum lot area; Minimum yards (all buildings); Minimum floor area (principal buildings); Maximum height (all buildings); Maximum floor area ratio (all buildings).

(a) MIN. LOT AREA: 1 acre.

(b) MIN. LOT WIDTH: 100’.

(d) MIN. REAR YD. DEPTH: Refer to Performance Standards.

(e) MIN. SIDE YD. WIDTH: Refer to Performance Standards.

(f) MIN. FLOOR AREA: 800 Sq. Ft.

(g) MAX. HEIGHT: 20’.

(h) MAX. STORIES: 1.

(i) MAX. FLOOR AREA RATIO: N/A.

(6) Minimum off-street parking & loading.

Land Use	Parking Spaces	Loading Spaces
Per mobile home	2	0
Per total all washing machines & dry cleaning machines divided by 3	1	0

(Prior Code, Art. 21, § 21-300) (Ord. 2023-30, passed 8-21-2023)

§ 161.319 B-1 PRIMARY BUSINESS.

(A) B-1 Land Use District Statement of Intent.

(1) This district is the location of the most valuable land in the community, and in its establishment the aims are to protect this community created value by: restricting uses to primarily pedestrian oriented traffic; discouraging uses requiring large areas of land in proportion to pedestrian traffic generated; encouraging intense land development. Uses in this district should be: predominantly retail; public or private offices; appropriate types of personal and business services. Residential uses are discouraged in this district except for hotels.

(2) Off-street parking in this district except in conditional uses is encouraged through the development of private and/or public parking facilities which are consolidated and/or of adequate size and lend themselves to better traffic control and more efficient use of land.

(3) The provisions for off-street loading facilities are intended to avoid congestion in the streets which would otherwise hamper the normal flow of traffic resulting from trucks and delivery vehicles double parking. Consequently, off-street loading requirements are encouraged but not required in this district when access to public alley exists.

(B) NOTES.

(1) For Sign Regulations see §§ 161.240 through 161.258 of this Ordinance

(2) All outdoor areas of a Day Care Center or Day Care Home where any child may reasonably be expected to be present shall be enclosed by a four foot chain link or 6 foot privacy fence approved by the Building Inspector unless waived by City Council.

(1) Permitted Principal Uses and Structures. The following service establishments or offices wherein or whereat incidental but subordinate sale of merchandise may or may not be available.

(a) Accountants.

(b) Advertising Agencies.

(d) Amusement Centers except Bowling Alleys.

(e) Attorneys.

(f) Architects.

(g) Art Galleries.

(h) Auto Parking Lots or Structures.

(i) Banks, except Drive In Facilities.

(j) Barber.

(k) Beauty Shops.

(l) Blueprinting & Photocopying.

(m) Business & Professional Offices.

(n) Catering.

(o) Chambers of Commerce.

(p) Clothes Cleaning Agency.

(q) Clubs or Lodges, Private.

(r) Credit Bureaus & Collections.

(s) Currency Exchanges.

(t) Custom Tailor & Dressmaking.

(u) Dentist, Orthodontists, etc.

(v) Detectives.

(w) Employment Agencies.

(x) Engineering Offices, but not outside storage of equipment.

(y) Essential Services.

(z) Funeral Homes.

(aa) Fire Station.

(bb) General Loan.

(cc) Governmental Offices.

(dd) Insurance Agencies.

(ee) Insurance Company Offices.

(ff) Interior Decorator.

(gg) Janitorial Services.

(hh) Jewelry Repair.

(ii) Labor Unions & Halls.

(jj) Laundry Agencies.

(kk) Libraries.

(ll) Locksmiths.

(mm) Motion Picture Theaters.

(nn) Museums.

(oo) Newspaper Offices but not newspaper plants.

(pp) Offices, Business & Professional.

(qq) Pawn Brokers.

(rr) Physicians, Chiropractor, Osteopaths etc. but not Veterinarians.

(ss) Photographer.

(tt) Planners, but not outside storage of equipment.

(uu) Police Station.

(vv) Pool hall.

(ww) Post Office.

(xx) Radio Studios.

(yy) Savings & Loan Association.

(zz) Secretarial.

(aaa) Security & Commodity Brokers & Dealers Small Loan.

(bb) Title Abstract Offices.

(ccc) Travel Agencies.

(ddd) Upholstery Shop.

(eee) Utility Company Offices, but not outside storage of equipment.

(fff) Wireless Communication Facility placed on existing nonresidential structure as described within §§ 161.365 through 161.378.

(ggg) Stores or shops offering the following merchandise primarily at retail & wherein or whereat incidental but subordinate related services may or may not be available:

1. Candy, but not manufacturing operations.

2. Catering.

3. Confectionery.

4. Delicatessen or Food, but not grocery or supermarket.

5. Department.

6. Drapery.

7. Drug.

8. Dry Goods.

9. Florist.

10. Furniture.

11. Gifts.

12. Hardware.

13. Ice Cream, Ice Milk walk in or walk up but not drive in.

14. Jewelry.

15. Liquor.

16. Locksmith.

17. Mail Order.

18. Milliner.

19. Music.

20. Notions.

21. Office Supply.

22. Optical Merchandise.

23. Pawn Brokers.

24. Periodicals.

25. Pharmacy.

26. Ready to wear, Men’s Women’s, Children, Infants Restaurants, but not drive in.

27. Shoes.

28. Sporting Goods.

29. Stationery.

30. Tavern.

31. Trading Stamp Redemption.

32. Tobacco, News.

33. Toys.

34. Variety or Dime.

(hhh) Non-Commercial Solar Energy Facility- see Chapter 160 of the Revised Code.

(iii) The administrative official shall have authority to determine other uses, in addition to those specifically listed herein, when in his judgment such other uses are similar to and no more objectionable to the public welfare than those listed.

(2) Permitted Accessory Uses and Structures.

(a) Only sale of gas & oil at retail in conjunction with and subsidiary to a parking garage or parking lot.

(b) Offices in conjunction with and subsidiary to principal use.

(d) Off-street parking and loading.

(3) Conditional Uses. After notice & appropriate safeguards, the City Council may permit as Conditional Uses: The following manufacturing operations providing they are of a limited nature.

(a) In conjunction with a permitted use, and in harmony with other activities in this district.

1. Bakery Manufacturing.

2. Candy Manufacturing.

3. Drapery Manufacturing.

4. Jewelry Manufacturing.

5. Clothes Cleaning Plant or Laundry.

(b) The following uses providing the location, nature and extent of proposed operations are compatible with other uses in the district, and that any proposed development plan provides consideration for integration with the thoroughfare system of the neighborhood and community:

1. Day Care Center.

2. Drive In Banking.

3. Drive In Restaurants.

4. Drive In Operations not otherwise specified or prohibited.

5. Paint, Wallpaper Glass.

6. Pet Shop.

7. Coin Operated Laundromat or Dry Cleaning.

8. Church or Temple.

9. Crematorium operated in conjunction with Funeral Home.

10. Meat, Poultry or Fish Market.

11. Post Office.

12. Clubs or Lodges (Private).

13. Exterminating Services.

14. Hospitals.

15. Medical Clinics.

16. Auto Glass Stores.

17. Schools of any kind.

18. Hotels or Motels.

19. Newspaper Printing Plants.

20. Printers.

21. Rental Equipment.

22. Transportation Terminals (passenger).

23. Bowling Alleys.

24. TV Studios.

25. Chemical Supplies.

26. Lumber Yards.

27. Automobile Sales & Service.

28. Kennel.

29. Adult Daycare.

30. Cannabis Dispensing Organization.

a. must be 1500 feet distance between each use as measured from each property line and 100 feet distance from any pre-existing church or daycare or pre-school facility or primary or secondary school or residential care home, as measured from the property line of the Cannabis Dispensing Organization and the closest building line of the church or daycare or pre-school facility or primary or secondary school or residential care home and

b. cannabis café, lounge, or on-site consumption is prohibited).

31. One or more dwelling units above the main floor (i.e. street level) with each unit having a minimum total floor area per dwelling unit (which includes a studio or efficiency dwelling) of 600 square feet, plus an additional total floor space of 150 square feet per each bedroom and with each dwelling unit being in full compliance with all applicable local, state, and federal laws and codes.

(4) Prohibited Uses. Any use more appropriate to another zone or zones including, but not limited to:

(a) Truck Sales & Service.

(b) Trailer, Mobile Homes.

(d) Drive Ins:

1. Ice Cream or Ice Milk.

2. Agricultural Products except produce.

(e) Manufacturing or industrial operations except those permitted.

(f) Single Family Residential Structures.

(g) Truck or Equipment Terminals, Truck Stop.

(h) Warehouses.

(i) Moving & Storage Operations.

(j) Agricultural Equipment Stores.

(k) Abandoned Automobile.

(l) Automobile Wrecking.

(m) Automobile Service Station.

(n) Mineral Extractive Operations.

(5) Minimum lot area; Minimum yards (all buildings); Minimum floor area (principal buildings); Maximum height (all buildings); Maximum floor area ratio (all buildings).

(a) MIN. LOT AREA: Not applicable.

(b) MIN. FRONT, SIDE & REAR YARD: None except as required by the Planning Commission.

(d) MAX. HEIGHT: As determined by F.A.R.

(e) MAX. STORIES: As determined by F.A.R.

(f) MAX. FLOOR AREA RATIO: Per Story: 1.0 for 1; 2.0 for 2; 3.0 for 3; 3.5 for 4; 4.0 for 5; 4.5 for 6; 5.0 for 7; 5.5 for 8; 6.0 for 9; 6.50 for 10; 7.0 for 11; 7.5 for 12 & up.

(6) Minimum off-street parking & loading.

(a) Parking: Off-street parking shall not be required for any use except conditional uses permitted by City Council and shall be provided or not provided as determined by the City Council.

(b) Loading Spaces: Any permitted principal use having access to a public alley shall not be required to provide off-street loading facilities. Off-street loading facilities for conditional uses if permitted by City Council and uses not having access to a public alley, shall be provided as determined by the City Council.

(Prior Code, Art. 21, § 21-300) (Ord. 2023-30, passed 8-21-2023)

§ 161.320 B-2 SECONDARY BUSINESS.

(A) B-2 Land Use District Statement of Intent.

(1) This zone is created primarily as a result of the ever increasing space demands of the auto oriented shopper, and to provide space for continued growth of such commercial facilities adjacent to or near major thoroughfares.

(2) The most important factor in this district to promote a more efficient land use and thoroughfare plan for the community is the provision of off-street parking and loading space. It is intended that all land uses (including accessory or supplemental uses) in this district provide an appropriate amount of off-street parking and loading facilities.

(3) This zone discourages further strip type development which tends to hamper the flow of thoroughfare traffic.

(B) NOTES. For Sign Regulations see §§ 161.240 through 161.258 of this Ordinance. All outdoor areas of a Day Care Center, or Day Care Home where any child may reasonably be expected to be present shall be enclosed by a four foot chain link or six foot privacy fence approved by Building Inspector unless waived by City Council.

(1) Permitted Principal Uses and Structures. The following service establishments or offices wherein or whereat incidental but subordinate sale of merchandise may or may not be available.

(a) Appliance Repair.

(b) Amusement Centers, indoor or outdoor.

(d) Auto Parking Lots or Structures.

(e) Auto & Truck servicing within buildings.

(f) Auto Washing.

(g) Banks.

(h) Barber.

(i) Beauty Shops.

(j) Blueprinting & Photocopying.

(k) Business & Professional Offices.

(l) Bowling Alleys.

(m) Catering.

(n) Chambers of Commerce.

(o) Church or Temple.

(p) Clothes.

(q) Cleaning Agency.

(r) Clubs or Lodges, Private.

(s) Coin operated Laundromat.

(t) Coin operated Dry Cleaning.

(u) Construction Company but not outside storage of equipment.

(v) Credit Bureaus & Collections.

(w) Currency Exchanges.

(x) Custom Tailor & Dressmaking.

(y) Employment Agencies.

(z) Essential Services.

(aa) Exterminators.

(bb) Automobile Service Station.

(cc) Fire Station.

(dd) Funeral Homes.

(ee) General Loan.

(ff) Governmental Offices.

(gg) Hotels & Motels.

(hh) Insurance Agencies.

(ii) Interior Decorator.

(jj) Janitorial Services.

(kk) Jewelry Repair.

(ll) Labor Unions & Halls.

(mm) Laundry Agencies.

(nn) Libraries.

(oo) Locksmiths.

(pp) Motion Picture Theaters.

(qq) Museums.

(rr) Newspaper Offices but not newspaper plants.

(ss) Pawn Brokers.

(tt) Photographer.

(uu) Police Station.

(vv) Poolhall.

(ww) Post Office.

(xx) Printers.

(yy) Radio Studios.

(zz) Rental Equipment.

(aaa) Savings & Loan Association.

(bbb) Secretarial.

(ccc) Security & Commodity Brokers & Dealers.

(ddd) Small Loan.

(eee) TV Studios.

(fff) Title Abstract Offices.

(ggg) Transportation Terminals (passenger).

(hhh) Travel Agencies.

(iii) Upholstery Shop.

(jjj) Utility Company Offices, but not outside storage of equipment.

(kkk) Veterinarians.

(lll) Wireless Communication Facility placed on existing nonresidential structure as described within §§ 161.365 through 161.378.

(mmm) Stores or shops offering the following merchandise primarily at retail & wherein or whereat incidental but subordinate related services may or may not be available:

1. Appliances.

2. Autoglass.

3. Auto Parks Wholesale or retail.

4. Auto & Truck Sales.

5. Bakery Good’s.

6. Books.

7. Camera Shop.

8. Candy Shop.

9. Catering.

10. Chemical Supplies.

11. Confectionery.

12. Dairy Products.

13. Delicatessen or Food Department Store Drapery.

14. Drug.

15. Dry Goods.

16. Farm & Garden Supplies, but not milling or grain storage operations nor sale of major agricultural implements.

17. Automobile Service Station.

18. Florist.

19. Food.

20. Furniture.

21. Gifts.

22. Grocery & Supermarkets.

23. Hardware.

24. Ice Cream Ice Milk.

25. Liquor.

26. Locksmith.

27. Mail Order.

28. Meat, Poultry or Fish.

29. Milliner.

30. Music.

31. Notions.

32. Office Supply.

33. Optical Merchandise.

34. Paint, Wallpaper, Glass.

35. Pawn Brokers.

36. Periodicals.

37. Pet Shop.

38. Pharmacy.

39. Ready to wear Men’s, Women’s, Children’s, Infants’.

40. Restaurants.

41. Shoes.

42. Sporting Goods.

43. Stationery.

44. Tavern.

45. Tire Dealers within buildings.

46. Trading Stamp Redemption.

47. Trailer or Mobile Homes.

48. Tobacco, News.

49. Toys.

50. Variety or Dime.

(nnn) Other uses determined by administrative official. The administrative official shall have authority to determine other uses, in addition to those specifically listed herein, when in his judgment such other uses are similar to and no more objectionable to the public welfare than those listed.

(ooo) Ambulance services, except helicopter and air ambulance services.

(ppp) Non-residential sleeping quarters for ambulance services providing emergency medical first responder services, excluding helicopter and air ambulance service, when used solely in conjunction with and forming part of a premises of a provider of emergency medical first responder services. If the use is situated solely upon real estate owned by a governmental entity then the sleeping quarters may be situated within a mobile home (notwithstanding § 156.04 of the Revised Code of Ordinances) if the following conditions are met:

1. Written variance must be obtained from the Zoning Board of Appeals permitting use of the mobile home, which variance shall be granted only if each and every condition set forth herein is met.

2. The mobile home shall be an accessory structure only;

3. The sleeping quarters must be the primary use within the mobile home, with any office use being secondary and with storage use being prohibited;

4. The variance permitting use of a mobile home shall immediately terminate upon any transfer of title to the real estate or to the mobile home or transfer of the assets of the emergency medical first responder service provider or cessation of business of same or cessation of use of the mobile home for sleeping quarters or expiration of any lease or agreement with the governmental entity, or upon any condition imposed herein not being satisfied;

5. The mobile home must be removed within 30-days of termination of the variance permitting placement of the mobile home.

(qqq) Non-Commercial Solar Energy Facility- see Chapter 160 of the Revised Code.

(2) Permitted Accessory Uses and Structures. Only those accessory uses and structures customarily incidental to principal uses and structures, including: Propane Filling Station with a Conditional Use Permit but only for the uses specified herein.

(3) Conditional Uses. After notice & appropriate safeguards, the City Council may permit as Conditional Uses:

(a) The following manufacturing operations providing they are of a limited nature, in conjunction with a permitted use, and in harmony with other activities in this district.

1. Bakery Manufacturing.

2. Candy Manufacturing.

3. Drapery Manufacturing.

4. Jewelry Manufacturing.

5. Clothes Cleaning Plant or Laundry.

1. Day Care Center.

2. Kennel.

3. Crematorium operated in conjunction with Funeral Home.

4. Newspaper Printing Plants.

5. Lumber Yards.

6. Agricultural Implement Store.

7. Warehouses.

8. Moving & Storage operations conducted within a building.

9. Drive In Theaters.

10. Winery.

11. Freestanding Wireless Communication as described in §§ 161.365 through 161.378.

12. Adult Daycare.

13. Cannabis Dispensing Organization.

b. cannabis café, lounge, or on-site consumption is prohibited).

14. One dwelling unit used solely in conjunction with and forming part of a funeral home.

15. One on-premises dwelling unit used solely in conjunction with Moving & Storage operations conducted within a building for use only by the security employee of said business; provided the dwelling unit shall have a floor area of not less than 500 square feet and not more than 800 square feet, shall have not more than two bedrooms (sleeping rooms), and shall comply with all Housing, Building, and Safety Codes applicable to a residential dwelling.

16. Propane Filling Station (See Notes below).

1. Permitted only as an Accessory Use for a retailer which primarily engages in sales of and service for travel trailers or for a retailer which primarily engages in sale of farm, garden, and hardware supplies.

2. Must be enclosed by an approved locking security fencing not less than 6 feet in height.

3. Minimum distance of security fencing to residentially zoned property shall be 330 feet in all directions (with no variance permitted), measured from the fencing to the property line of the residentially zoned property.

4. Maximum tank size (with no variance permitted) shall be 1000 gallons.

5. Only Liquid Propane Gas (LPG) designated UN 1075 shall be stored or sold upon the premises.

6. Must comply with applicable Codes, including Chapter 91 of Revised Code.

7. Shall be subject to such additional conditions as determined by the City Council to be necessary to protect the public interests.

(4) Prohibited Uses. Any use more appropriate to another zone or zones including, but not limited to:

(a) Residential Dwelling Units.

(b) Mobile Homes.

(d) Agriculture.

(e) Industrial or Manufacture Operations except as permitted by the Planning Commission.

(f) Abandoned Automobile.

(g) Automobile Wrecking.

(h) Mineral Extractive Operations.

(i) Equipment Terminal, Truck Terminal, Truck Stop (except lawful non-conforming use existing on October 21, 2019, provided parking area or use shall not be increased.)

(5) Minimum lot area; Minimum yards (all buildings); Minimum floor area (principal buildings); Maximum height (all buildings); Maximum floor area ratio (all buildings).

(a) MIN. LOT AREA: 5,000 Sq. Ft.

(b) MIN. LOT WIDTH: 50’.

(d) MIN. REAR YARD DEPTH: None.

(e) MIN. SIDE YARD: If lot abuts public alley on rear, none required, otherwise one side yard shall be required a minimum of 20’ to permit off-street parking.

(f) MIN. FLOOR AREA: N/A MAX. HEIGHT: 35’.

(g) MAX. STORIES: 2.

(h) MAX. FLOOR AREA RATIO: .60.

(6) Minimum off-street parking & loading. Off-street parking shall be required as follows:

Land use	Parking spaces	Loading spaces
Banks & other financial institutions & business or professional offices per 400 sq. ft. of gross Floor area	1
Beauty Shops per hair dryer	2
Barber Shops per chair	2
Hotels per 3 guest sleeping rooms	1
Motels per guest sleeping room	1
Retail Stores, Supermarkets, Dept. Stores & Personal Service Shops per 300 sq. ft. of gross Floor area	1
Laundromats: per 3 coin operated machines	1
Automobile Service Station:	1 per 2 employees on maximum shift
Bowling Alleys per lane	3
Restaurants, night clubs, taverns, lounges	1 space for each table or booth, or 3 seats at counter or bar
Furniture & Appliance Stores	1 per 800 Sq. Ft. of gross area plus 1 per 2 employees
Theaters, auditoriums & places of assembly	1 space for each 6 seats of designed capacity

(a) All remaining uses unclassifiable herein shall be as reasonably determined by the Administrative Official & based upon number of employees anticipated and/or gross floor space, of which guides are indicated elsewhere in this ordinance.

(b) Any permitted principal use having access to public alley shall not be required to provide off-street loading facilities, except that off-street loading facilities for conditional uses permitted by City Council & uses not having access to a public alley shall be provided or not provided as determined by the City Council.

(Prior Code, Art. 21, § 21-300) (Ord. 2023-30, passed 8-21-2023)

§ 161.321 B-3 INTERCHANGE BUSINESS.

(A) B-3 Land Use District Statement of Intent. This district is created to serve predominantly the needs of interregional vehicular traffic at interchanges on limited access arterial thoroughfares. The uses allowed in this district should be limited to the needs of the interregional traveler which are: food, service, fuel and lodging. The basic purpose of limiting the land uses in this district is to preserve and enhance the other business district(s) of the community (or nearby communities) by preventing the establishment of a shopping center which would compete with existing or proposed (and justified) shopping centers which cater or will cater to the needs of the community. The land for this district should be compact (not strip type). In any development plan, access points should be limited to minimize hazardous driving conditions.

(B) NOTES.

(1) For Sign Regulations see §§ 161.240 through 161.258 of this Ordinance.

(2) All development plans for B-3 Districts shall be approved by the Administrative Official; such plans shall show:

(a) Access points to public ROW.

(b) Building locations.

(d) Elevations of buildings.

(e) Detail drawings of all signs.

(1) Permitted Principal Uses and Structures.

(a) Automobile Service Station.

(b) Auto or Truck Repair Shops.

(d) Hotels or Motels.

(e) Gift Shops.

(f) Offices.

(g) Funeral Homes.

(h) Combinations of above in planned development, provided that any such planned development shall be compatible to the Comprehensive Plan, especially the Transportation: Plan. If the proposed development is only for a portion of contiguous landholdings of the applicant, then a plan showing anticipated uses and circulation (traffic or thoroughfare) patterns shall be submitted with application for approval of any planned B-3 development. See Note (2).

(i) Other uses determined by administrative official. The administrative official shall have authority to determine other uses in addition to those specifically listed herein when in his judgement such other uses are similar to and no more objectionable to the public welfare than those listed.

(j) Wireless Communication Facility placed on existing nonresidential structure as described within §§ 161.365 through 161.378.

(k) Non-Commercial Solar Energy Facility- see Chapter 160 of the Revised Code.

(2) Permitted Accessory Uses and Structures. Only those accessory uses and structures customarily incidental to principal uses and structures, including Propane Filling Station with a Conditional Use Permit but only for the uses specified herein.

(3) Conditional Uses.

(a) After notice & appropriate safeguards, the City Council may permit as Conditional Uses:

1. Truck or Equipment Terminal, Truck Stop - see Notes (2019).

2. Winery.

3. Freestanding wireless communication facility as described within §§ 161.365 through 161.378.

4. One dwelling unit used solely in conjunction with and forming part of a funeral home.

5. Crematorium operated in conjunction with Funeral Home.

6. Cannabis Dispensing Organization:

b. cannabis café, lounge, or on-site consumption is prohibited).

7. Propane Filling Station (See Notes).

(b) Notes (2019) re Equipment Terminal, Truck Terminal, Truck Stop:

1. Not more than two uses shall be permitted at each of the two I-57 interstate exchanges (Exit 94 and Exit 95) and at the one I-64 interstate exchange (Exit 80). Existing nonconforming uses shall be counted as a use.

2. The parcel on which the use is situated must have its closest boundary point to be within at least 1,000 feet of the centerline of the nearest I-57 or I-64 interstate highway exit ramp at its point of intersection with a state highway or with Veteran’s Memorial Drive.

3. The minimum distance between uses (which includes any existing non-conforming use) shall be 2000 feet measured along road frontage from the nearest entry or exit point of each use.

4. All entry or exit points for the parcel shall immediately abut and have access only upon a state highway, upon Veteran’s Memorial Drive, or upon a street that has been constructed and designated by the City for use by trucks up to 80,000-pounds; no other street or road shall provide access.

5. All access points shall have dedicated left-turn and/or right-turn lanes, either presently existing or constructed by the parcel owner/developer with permission of the City.

6. The use shall have only the number of spaces dedicated for truck parking as permitted by the Resolution Granting the Conditional Use and no truck parking shall be permitted or occur except within such dedicated spaces.

7. Lawful Equipment Terminals, Truck Terminals or Truck Stops existing on date of adoption of these Notes shall be a nonconforming use and shall be subject to the provisions of this Chapter 161 relating to nonconforming uses.

8. None of the foregoing provisions shall be subject to variance.

2. Must be enclosed by an approved locking security fencing not less than 6 feet in height.

4. Maximum tank size (with no variance permitted) shall be 1000 gallons.

5. Only Liquid Propane Gas (LPG) designated UN 1075 shall be stored or sold upon the premises.

6. Must comply with applicable Codes, including Chapter 91 of Revised Code.

7. Shall be subject to such additional conditions as determined by the City Council to be necessary to protect the public interests.

(4) Prohibited Uses.

(a) Storage of wrecked or inoperative vehicles.

(b) All uses other than permitted uses.

(5) Minimum lot area; Minimum yards (all buildings); Minimum floor area (principal buildings); Maximum height (all buildings); Maximum floor area ratio (all buildings).

(a) MIN. LOT AREA: 15,000 Sq. Ft.

(b) MIN. LOT WIDTH: 100’.

(d) MIN. REAR YARD DEPTH: 15’.

(e) MIN. SIDE YARD WIDTH: 10’.

(f) MIN. FLOOR AREA: N/A.

(g) MAX. HEIGHT: 50’.

(h) MAX. STORIES: 4.

(i) MAX. FLOOR AREA RATIO: N/A.

(6) Minimum off-street parking & loading.

land use	parking spaces	loading spaces
Parking Spaces:
Automobile Service Station:	1 per 2 employees on maximum shift.
Auto or truck repair shop:	4 per repair bay, grease rack, wash rack, etc.
Restaurants:	1 space per table or booth or 3 counter spaces.
Hotels or Motels:	1 per guest sleeping room.
Gift Shops:	1 per 200 Sq. Ft. of floor area.
Loading Requirements:		1 loading space at service entrance for hotels motels, restaurants & gift shops.

(Prior Code, Art. 21, § 21-300) (Ord. 2023-30, passed 8-21-2023)

§ 161.322 B-PL PLANNED BUSINESS.

(A) B-PL Land Use District Statement of Intent. This district is created to provide for the construction of a planned shopping center offering a wide variety of goods and services, and which caters to the auto oriented shopper. This district is similar to the Secondary Business District, but the differentiation between these districts is primarily in the minimum size tract of land involved. Any land so designated must necessarily be through the rezoning process and this will require amendment to the zoning ordinance and zoning district map.

(B) NOTES.

(1) For Sign Regulations see §§ 161.240 through 161.258 of this Ordinance.

(2) The development plan for a B-PL District shall be approved by the City Council; such plan shall show:

(a) Access points to public ROW.

(b) Building locations.

(d) Elevations of buildings.

(e) Landscaping plan.

(f) Lighting plan.

(g) Drainage plan.

(h) Site utilities plan.

(i) Such plan shall be compatible with the comprehensive and thoroughfare plans.

(j) If development is to be staged, phasing shall be indicated.

(1) Permitted Principal Uses and Structures.

(a) Planned Developments only, but which may include any use as permitted in B-2 or B-3 Districts. (2)

(b) Wireless Communication Facility placed on existing nonresidential structure as described within §§ 161.365 through 161.378.

(3) Conditional Uses. After notice & appropriate safeguards, the City Council may permit as Conditional Uses:

(a) The following manufacturing operations providing they are of a limited nature, in conjunction with a permitted use, and in harmony with other activities in this district.

1. Bakery manufacturing.

2. Candy manufacturing Drapery manufacturing Jewelry manufacturing.

3. Clothes cleaning plant or laundry.

1. Newspaper printing plants.

2. Lumber yards.

3. Agricultural implement stores.

4. Warehouses.

5. Moving and storage operations conducted within a building.

6. Drive In theaters.

7. Cannabis Dispensing Organization.

b. cannabis café, lounge, or on-site consumption is prohibited).

8. Propane Filling Station (See Notes).

2. Must be enclosed by an approved locking security fencing not less than 6 feet in height.

4. Maximum tank size (with no variance permitted) shall be 1000 gallons.

5. Only Liquid Propane Gas (LPG) designated UN 1075 shall be stored or sold upon the premises.

6. Must comply with applicable Codes, including Chapter 91 of Revised Code.

7. Shall be subject to such additional conditions as determined by the City Council to be necessary to protect the public interests.

(4) Prohibited Uses. Any use more appropriate to another zone or zones including, but not limited to:

(a) Residential dwelling units.

(b) Mobile homes.

(d) Agriculture.

(e) Industrial or manufacturing operations except as permitted by Planning Commission.

(f) Abandoned automobile.

(g) Automobile wrecking.

(h) Kennel.

(i) Mineral extractive operations.

(j) Equipment Terminal, Truck Terminal, Truck Stop.

(5) Minimum lot area; Minimum yards (all buildings); Minimum floor area (principal buildings); Maximum height (all buildings); Maximum floor area ratio (all buildings).

(a) MIN. LOT AREA: Min. tract of 5 acres for entire development.

(b) MIN. LOT WIDTH: 300’ for entire development. For individual uses as determined by the development plan.

(d) MIN. FLOOR AREA: 50,000 sq. ft. for entire development.

(e) MAX. HEIGHT: 30’.

(f) MAX. STORIES: 3.

(g) MAX. FLOOR AREA RATIO: N/A.

(h) See Note (2).

(6) Minimum off-street parking & loading.

land use	parking spaces	loading spaces
Parking: A common parking lot (or lots) is (are) permitted but provisions for parking spaces per required use shall be governed by the requirements of the B-2 District.
Loading: Off-street loading facilities and space shall be provided as distinctly separate from parking lots and designed so as there will be a minimum or no conflict with parking lots.

(Prior Code, Art. 21, § 21-300) (Ord. 2023-30, passed 8-21-2023)

§ 161.323 I-1 LIGHT INDUSTRIAL.

(A) I-1 Land Use District Statement of Intent.

(1) This district is established to provide space for certain types of industrial and/or manufacturing and/or warehousing or storage operations which are compatible to adjoining districts. Such uses generally require open storage of materials or goods either before, during or after the manufacturing process, but are of a low noise or nuisance level. Such uses shall be conducted entirely within an enclosed building of substantial construction. Land designated for this district should be located in relation to the thoroughfare network of the community as well as rail and air if required, and designated so as to not disrupt normal traffic flow. Because of increased technological developments, extensive lists of permitted and prohibited uses is impractical, therefore, to safeguard the public interests, performance standards are established herein as criteria for all permitted uses and as guidance for the Planning Commission in permitting any conditional uses. Planned Industrial Parks are encouraged in this district.

(2) This district also provides space for sexually oriented business so as to minimize secondary effects of sexually oriented business on residential, business and other districts

(B) NOTES.

(1) For Sign Regulations see §§ 161.240 through 161.258 of this Ordinance.

(2) See Performance Standards for I-1 District, excluding sexually oriented businesses.

(1) Permitted Principal Uses and Structures and Accessory Uses and Structures.

(a) Principal and Accessory Uses and Structures are permitted if the performance standards for this district (2) are met and certified as being met by a registered professional engineer of the State of Illinois. Standards of the Illinois Environmental Protection Agency must also be met.

(b) Accessory Uses and Structures may include a Truck or Equipment Terminal, but only with a Conditional Use Permit, as an accessory use customarily incidental to a permitted principal use on the same parcel.

(c) Wireless Communication Facility placed on an existing nonresidential structure as described within §§ 161.365 through 161.378.

(d) Sexually Oriented Business shall be located as follows:

1. a. If situated within the corporate limits the sexually oriented business shall not be operated within 400 feet of

i. a religious institution;

ii. a school;

iii. a public park;

iv. the boundary of any residential district;

v. any property actually occupied, devoted to or utilized for residential use, whether zoned residential or not.

b. If situated outside the corporate limits the sexually oriented business shall not be operated within 500 feet of:

i. a religious institution;

ii. a school;

iii. a public park;

iv. the boundary of any residential district;

v. any property actually occupied, devoted to or utilized for residential use, whether zoned residential or not.

2. A sexually oriented business shall not be operated in the same building, structure or portion thereof containing another sexually oriented business or containing any premises licensed under Chapter 111 of the Revised Code of Ordinances or containing any business or premises licensed under Chapter 116 of the Revised Code of Ordinances. In addition, a sexually oriented business shall not be operated within 800 feet of another sexually oriented business or within 800 feet of any business or premises licensed under Chapter 111 of the Revised Code of Ordinances or within 800 feet of any business or premises licensed under Chapter 116 of the Revised Code of Ordinances. A sexually oriented business shall be operated only within a single structure situated upon the premises; two or more buildings connected by an enclosed walkway or hall shall constitute a single structure.

3. Measurements shall be made in a straight line without regard to intervening structures or objects from the nearest portion of the building or structure used as part of the premises where a sexually oriented business is conducted to the nearest property line of the premises of a business or use described within (C)(1)(d)1. above.

4. The distance between any two businesses described within subparagraph (C)(1)(d)2. shall be measured in a straight line without regard to intervening structures or objects from the closest exterior wall of the structure in which each business is located.

5. The distance requirements and provisions of (C)(1)(d)1. and (C)(1)(d)2. above shall not be subject to variance.

6. Notwithstanding any other provision of Chapter 161 of the Revised Code of Ordinances, a sexually oriented business lawfully established, lawfully located and lawfully operating on September 2, 2003 that is in violation of the foregoing shall be a non-conforming use and said non-conforming use will be permitted to continue at its existing location for a period of 1-year, unless sooner terminated for any reason or voluntarily discontinued for a period of 30-days or more.

(e) Helicopter or air ambulance services as a principal use, although land ambulances are permitted as an accessory use to the principal use.

(f) Non-residential sleeping quarters for helicopter or air ambulance services providing emergency medical first responder services, when used solely in conjunction with and forming part of a premises of a provider of emergency medical first responder services. If the use is situated solely upon real estate owned by a governmental entity then the sleeping quarters may be situated within a mobile home (notwithstanding § 156.04 of the Revised Code of Ordinances) if the following conditions are met:

1. Written variance must be obtained from the Zoning Board of Appeals permitting use of the mobile home, which variance shall be granted only if each and every condition set forth herein is met.

2. The mobile home shall be an accessory structure only;

3. The sleeping quarters must be the primary use within the mobile home, with any office use being secondary and with storage use being prohibited;

5. The mobile home must be removed within 30-days of termination of the variance permitting placement of the mobile home.

(g) Commercial Solar Energy Facility - see Chapter 160 of the Revised Code of Ordinances.

(h) Non-Commercial Solar Energy Facility- see Chapter 160 of the Revised Code.

(2) Conditional Uses. After notice & appropriate safeguards, the City Council may permit as Conditional Uses:

(a) Wireless Communication Freestanding Wireless Communication Facility as described within §§ 161.365 through 161.378;

(b) Cannabis Craft Grower or Cannabis Cultivation Center (must be 1500 feet distance between each use as measured from each property line);

(c) Cannabis Infuser Organization or Infuser; Cannabis Processing Organization or Processor; Cannabis Transporting Organization or Transporter;

(d) Truck Terminal or Equipment Terminal, but only as an accessory use to a Permitted Use.

(3) Prohibited Uses. Any use more appropriate to another zone or zones including, but not limited to:

(a) Residential uses of any kind including dwelling units, hotels, motels, mobile homes, etc.

(b) Schools, churches, clubs, lodges, hospitals.

(d) Abandoned Automobile.

(e) Automobile Wrecking.

(f) Kennel.

(g) Mineral Extractive Operations.

(4) Minimum lot area; Minimum yards (all buildings); Minimum floor area (principal buildings); Maximum height (all buildings); Maximum floor area ratio (all buildings).

(a) All uses except sexually oriented business:

1. MIN. LOT AREA: 2 acre.

2. MIN. LOT WIDTH: 125’.

3. MIN. FRONT YD. DEPTH: 20’.

4. MIN. REAR YD. DEPTH: 20’.

5. MIN. SIDE YD. WIDTH: 20’.

6. MIN. FLOOR AREA: 1,000 Sq. Ft.

7. MAX. HEIGHT: As determined by F.A.R.

8. MAX. STORIES: As determined by F.A.R.

9. MAX. FLOOR AREA RATIO: .50.

(b) Sexually oriented business:

1. MIN. LOT AREA: 5,000 sq. feet.

2. MIN. LOT WIDTH: 50’.

3. MIN. FRONT YD. DEPTH: 35’.

4. MIN REAR YD. DEPTH: None.

5. MIN. SIDE YD.: If lot abuts public alley on rear, none required; otherwise one side yard shall be required a minimum of 20’ to permit off-street parking.

6. MIN. FLOOR AREA: N/A.

7. MAX. HEIGHT: 35’.

8. MAX. STORIES: 2.

9. MAX FLOOR AREA RATIO: .60.

(5) Minimum off-street parking & loading.

land use

parking spaces

loading spaces

(a) Graded, paved, marked, lighted, and drained off-street parking and loading areas shall be provided as follows:

1. For industrial or manufacturing operations - 1 auto parking space per (a) two employees of combined employment of two largest successive shifts, or (b) two employees if only one shift operation; plus 1 auto parking space equal to 15% of the above for visitors and company vehicles. Minimum of 1 off-street loading space. Additional off-street loading spaces may be required by the nature and size of anticipated operations.

2. For non-industrial or manufacturing operations as required in more restricted district(s), except sexually oriented business.

3. Common parking and loading areas provided parking requirements for all uses are met.

4. Sexually oriented businesses:

(b) Off-street Parking:

1. Adult store: one space per 300 square feet of gross floor area, excluding viewing rooms and one space per viewing room.

2. Adult cabaret: one space for each table or booth or three seats at counter or bar.

3. Adult motel: one space per guest sleeping room.

4. Adult theater: one space for each six seats of designated capacity.

5. Semi nude studio, Sexual encounter center, Escort agency: one space per 300 square feet of gross floor area.

1. All off-street parking areas and entrances to the premises of a sexually oriented business shall be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of 5 foot candles of light on surface of the parking areas and walkways. Illumination of the remaining external surface areas of the sexually oriented business shall be an average maintained horizontal illumination of not less than 2 foot candles of light or greater than 5 foot candles of light. This required lighting level is established in order to provide sufficient illumination to the parking areas and walkway areas serving the sexually oriented business for the personal safety of the patrons and employees of the sexually oriented business and to reduce the incidents of vandalism and criminal conduct.

2. All lighting shall be shielded and arranged so that illumination is directed toward the surface areas of the licensed premises and not onto adjoining properties or into the skyward area above the licensed premises or the skyward area of a property adjoining the licensed premises, so that light trespass onto adjoining properties and light pollution (sky glow and/or glare) will be minimized. No light fixture shall be mounted or placed higher than 25 feet from the ground surface. Illumination from the sexually oriented business shall not exceed 1 foot candle 10 feet from the property boundary line on any property adjoining the premises of the sexually oriented business.

(Prior Code, Art. 21, § 21-300) (Ord. 2023-30, passed 8-21-2023)

§ 161.324 I-2 GENERAL INDUSTRIAL.

(A) I-2 Land Use District Statement of Intent. This district is established to provide space for industrial and/or manufacturing and/or warehousing or storage operations which may require buildings and/or open area for fabricating, processing, extraction, repairing, dismantling or disposal or equipment, raw materials, manufactured products or wastes. Land designated for this district should be located in relation to the thoroughfare network of the community (including primarily streets as well as rail and air if required) and designed so as to not wholly disrupt normal traffic flow. Because of increasing technological developments, extensive lists of permitted and prohibited uses is impractical, therefore, to safeguard the public interest, performance standards are established herein as criteria for all permitted uses and as guidance for the City Council in permitting any conditional uses. Planned Industrial Parks are encouraged in this district.

(B) NOTES.

(1) For Sign Regulations see §§ 161.240 through 161.258 of this Ordinance.

(2) See Performance Standards for I-2 District.

(3) The City Council may permit as Conditional Use: Automobile Wrecking & Storage Yards if the following conditions are met in addition to the Performance Standards of I-2 District:

(a) Use permitted not closer than 300’ to a residential use or residential zone.

(b) Solid wall or solid painted fence eight (8) feet high.

(d) Two (2) off-street loading spaces required. May not face on bordering street or highway.

(e) One (1) principal entrance only.

(f) Outdoor lighting shall be approved by the City Council.

(4) Principal and Accessory Uses and Structures are permitted if the performance standards for this district (2) are met and certified as being met by a registered professional engineer of the State of Illinois. Standards of the Illinois Environmental Protection Agency must also be met.

(1) Permitted Principal Uses and Structures and Accessory Uses and Structures.

(b) Wireless Communication Facility placed on an existing nonresidential structure as described within §§ 161.365 through 161.378.

(c) Accessory Uses and Structures may include a Truck or Equipment Terminal, but only with a Conditional Use Permit, as an accessory use customarily incidental to a permitted principal use on the same parcel.

(d) Commercial Solar Energy Facility - see Chapter 160 of the Revised Code of Ordinances.

(e) Non-Commercial Solar Energy Facility- see Chapter 160 of the Revised Code.

(2) Conditional Uses. After notice & appropriate safeguards, the City Council may permit as Conditional Uses:

(a) Automobile Wrecking & Storage Yards. See Note (3).

(b) Mineral extractive operations outside corporate limits, including but not limited to: coal, oil, rock, gravel, sand, and the related processing operations, storing, and sale of such materials.

(d) Truck Terminal or Equipment Terminal, but only as an accessory use to a Permitted Use.

(e) Cannabis Craft Grower or Cannabis Cultivation Center (must be 1500 feet distance between each use as measured from each property line).

(f) Cannabis Infuser Organization or Infuser; Cannabis Processing Organization or Processor; Cannabis Transporting Organization or Transporter.

(3) Prohibited Uses. Any use more appropriate to another zone or zones including, but not limited to:

(a) Residential uses of any kind including dwelling units, hotels, motels, mobile homes, etc.

(b) Schools, churches, clubs, lodges, hospitals.

(d) Kennel.

(e) Truck Stop.

(f) Mineral Extractive Operations within corporate limits.

(4) Minimum lot area; Minimum yards (all buildings); Minimum floor area (principal buildings); Maximum height (all buildings); Maximum floor area ratio (all buildings).

(a) MIN. LOT AREA: 1 acre.

(b) MIN. LOT WIDTH: 100’.

(d) MIN. REAR YD. DEPTH: 50’.

(e) MIN. SIDE YD. WIDTH: 50’.

(f) MIN. FLOOR AREA: 1,000 Sq. Ft.

(g) MAX. HEIGHT: As determined by F.A.R.

(h) MAX. STORIES: As determined by F.A.R.

(i) MAX. FLOOR AREA RATIO: .50.

(5) Minimum off-street parking & loading.

land use

parking spaces

loading spaces

(a) Graded, paved, marked, lighted, and drained off-street parking and loading areas shall be provided as follows:

1. a. For industrial or manufacturing operations - 1 auto parking space per (a) two employees of combined employment of two largest successive shifts, or (b) two employees if only one shift operation; plus 1 auto parking space equal to 15% of the above for visitors and company vehicles.

b. Minimum of 1 off-street loading space. Additional off- street loading space may be required by the nature and size of anticipated operations.

2. For non-industrial or manufacturing operations as required in more restricted district(s).

3. Common parking and loading areas provided parking requirements for all uses are met.

(Prior Code, Art. 21, § 21-300) (Ord. 2023-30, passed 8-21-2023)

§ 161.325 I-A INDUSTRIAL - AGRICULTURE LAND.

(A) I-A Land Use District Statement of Intent.

(1) It is the intent of this District to provide a transitional zoning district for land which is undeveloped and agricultural land but which is projected to become industrial during future years; the desire being that large tracts of land should be readily available to promote and encourage industrial development.

(2) It is the intent of this District to continue to provide land for purposes devoted to the production of agricultural products such as field crops, livestock, fowl, and other conventional agricultural pursuits and to also assist in the conservation of the natural resources within the jurisdiction of this Ordinance by encouraging practices which will conserve soil, soil resources, water, water resources, and prevent soil erosion and flood water damages.

(3) At the same time, it is the intent of this District to provide space for industrial and/or manufacturing and/or warehousing or storage operations which may require building and/or open areas for fabricating, processing, extracting, repairing, dismantling, or disposal of equipment, raw materials, manufactured products or wastes; land designated for this District should be located in relation to the thoroughfare network of the community (including primary streets as well as rail and air if required) and designed so as to not wholly disrupt normal traffic flow. Because of increasing technological developments, extensive lists of permitted and prohibited uses are impractical; therefore, to safeguard the public interests, performance standards are established herein as criteria for all permitted uses and as guidance for the City Council in permitting any conditional uses. Planned Industrial Parks are encouraged in this District.

(B) NOTES.

(1) For sign regulations, see §§ 161.240 through 161.258 of this Ordinance.

(2) Building & enclosed pens for livestock, fowl & animals shall not be closer than 200’ from any adjoining district.

(3) Principal and accessory buildings shall not be closer than 100’ from any adjoining parcel.

(4) Principal and accessory buildings shall not be closer than 50’ from any adjoining parcel.

(5) Principal, accessory buildings and operations shall not be closer than 500’ from any adjoining parcel.

(6) See State Law.

(7) See definition of Home Occupation.

(8) Principal, accessory buildings and operations shall not be closer than 100’ from any adjoining parcel.

(9) See performance standards for I-2 District.

(1) Permitted Principal Uses and Structures.

(a) Agriculture and agricultural buildings in connection with a bonafide farm operation (2).

(b) Cemeteries.

(d) Single Family Farm Dwellings.

(e) Principal Uses and structures are permitted if the performance standards for the District I-2, General Industrial District, are met and certified as being met by a registered professional engineer of the State of Illinois. Standards for the Environmental Protection Agency must also be met.

(f) Wireless Communication Facility placed on an existing nonresidential structure as described within §§ 161.365 through 161.378.

(g) Municipally Owned Parks and Recreational Areas.

(h) Non-Commercial Solar Energy Facility- see Chapter 160 of the Revised Code.

(2) Permitted Accessory Uses and Structures.

(a) Accessory uses and structures customarily incidental to permitted principal uses on the same parcel including:

1. Residential garages.

2. Home Occupations. See Note (7).

3. Truck or Equipment Terminal, but only with a Conditional Use Permit.

4. Roadside produce stands in conjunction with a bonafide farm operation on the premises.

5. Kennel.

(b) Accessory uses and structures are permitted if the performance standards for the District I-2, General Industrial District, are met and certified as being met by a registered professional engineer of the State of Illinois. Standards for the Environmental Protection Agency must also be met.

(3) Conditional Uses. After notice & appropriate safeguards, the City Council may permit as Conditional Uses:

(a) Sale of greenhouse products grown on premises.

(b) Riding Stables. See Note (2).

(d) Seasonal fishing, hunting lodge, gun club or related operation.

(e) Stadium or coliseum, horse or auto race track. See Notes (2), (5).

(f) Penal or correctional institution. See Note (3).

(g) Airport or heliport. See Note (6).

(h) Sanitation Transfer Station.

(i) Freestanding Wireless Communication Facility as described within §§ 161.365 through 161.378.

(j) Commercial radio or television station.

(k) Commercial radio or television towers are exempted from height regulations.

(l) Schools.

(m) Churches.

(n) Hospitals.

(o) Mineral extractive operations outside corporate limits, including but not limited to: coal, oil, rock, gravel, sand and the related processing operations, storing and sale of such materials (5).

(p) Energy Park; Wind Farm, Park, or Plant; for Commercial Solar Energy Facility - see Chapter 160 of the Revised Code of Ordinances.

(q) Truck Terminal or Equipment Terminal, but only as an accessory use to a Permitted Use.

(r) Cannabis Craft Grower or Cannabis Cultivation Center (must be 1500 feet distance between each use as measured from each property line).

(s) Cannabis Infuser Organization or Infuser; Cannabis Processing Organization or Processor; Cannabis Transporting Organization or Transporter.

(4) Prohibited Uses. Any use more appropriate to another zone or zones including, but not limited to:

(a) Mobile Homes.

(b) Travel Trailer Parks.

(d) Abandoned Automobile.

(e) Automobile Wrecking.

(f) Sanitation Landfill or other qualified system (7) except sanitation transfer station.

(g) Residential use of any kind, including dwelling units. hotels, motels, mobile homes, etc. except bonafide single family farm dwellings.

(h) Mineral Extractive Operations within corporate limits.

(i) Truck Stop.

(5) Minimum lot area; Minimum yards (all buildings); Minimum floor area (principal buildings); Maximum height (all buildings); Maximum floor area ratio (all buildings).

(a) MIN. LOT AREA: 5 acres, except for cemeteries in which case 2 acres; and conditional uses as determined by the Planning Commission.

(b) MIN. LOT WIDTH: 300’.

(d) MIN. REAR YD. DEPTH: 100’.

(e) MIN. FLOOR AREA: 1,000 Sq. Ft.

(f) MAX. HEIGHT: 40’ except barns & silos; and all except manufacturing/industrial, etc. buildings which are to be determined by F.A.R.

(g) MAX. STORIES: 3, except for manufacturing/industrial, etc. buildings which are to be determined by F.A.R.

(h) MAX. FLOOR AREA RATIO: .50 for manufacturing/ industrial, etc. buildings; otherwise N/A.

(6) Minimum off-street parking & loading.

land use	parking spaces	loading spaces
Dwelling Unit	2	0
Home Occupation	+1	0
Churches per 4 seats in main auditorium	1	0

(a) Industrial, manufacturing, etc.

(b) Graded, paved, marked, lighted, and drained off-street parking and loading areas shall be provided as follows:

1. a. For industrial or manufacturing operation: 1 auto parking space per (a) two employees of combined employment of two largest successive shifts, or (b) two employees if only one shift operation; plus 1 auto parking space equal to 15% of the above for visitors and company vehicles.

b. Minimum of 1 off-street loading space. Additional off- street loading space may be required by the nature and size of anticipated operations.

2. For non-industrial or manufacturing operations as required in more restricted district(s).

3. Common parking and loading areas provided parking requirements for all uses are met.

(7) All remaining permitted uses and conditional uses if permitted are subject to the Planning Commission. Consideration shall be given to recommendation of administrative official.

(Prior Code, Art. 21, § 21-300) (Ord. 2023-30, passed 8-21-2023)

§ 161.326 IPCA-PUD INDUSTRIAL PARK CONSERVATION AREA-PLANNED UNIT DEVELOPMENT (COMMERCIAL DESIGN STANDARDS FOR IPCA-PUD).

(A) IPCA-PUD Land Use District Statement of Intent. IPCA-PUD Industrial Park Conservation Area

(B) NOTES.

(1) For Sign Regulations see §§ 161.240 through 161.258 of this Ordinance - B-3.

(2) The development plan for a IPCA-PUD District shall be approved by the City Council; such plan shall show:

(a) Access points to public ROW.

(b) Building locations.

(d) Elevations of buildings.

(e) Landscaping plan.

(f) Lighting plan.

(g) Drainage plan.

(h) Site utilities plan.

(i) Such plan shall be compatible with the comprehensive and thoroughfare plans.

(j) If development is to be staged, phasing shall be indicated.

(3) Commercial and Industrial uses are encouraged to follow guidelines as described in the Commercial Design Standards Section.

(1) Permitted Principal Uses and Structures.

(a) Industrial and warehouse uses in facilities where the primary building exceeds 100,000 sq. ft.

(b) Non-Commercial Solar Energy Facility- see Chapter 160 of the Revised Code.

(2) Permitted Accessory Uses and Structures. Accessory uses and structures customarily incidental to permitted principal uses on the same parcel including: Propane Filling Station with a Conditional Use Permit but only for the uses specified herein.

(3) Conditional Uses. After notice & appropriate safeguards, the City Council may permit as Conditional Uses:

(a) The following uses providing the location, nature and extent of proposed operations are compatible with other uses in the district, and that any proposed development plan provides consideration for integration with the thoroughfare system of the neighborhood and community.

1. Adult Daycare.

2. Appliance Repair.

3. Amusement Centers, indoor or outdoor.

4. Art Galleries.

5. Auto Glass Stores.

6. Auto Parking Lots or Structures.

7. Automobile Sales & Service.

8. Banks.

9. Barbers.

10. Business & Professional Offices.

11. Bowling Alleys.

12. Cannabis Dispensing Organization.

b. cannabis café, lounge, or on-site consumption is prohibited).

13. Cannabis Craft Grower or Cannabis Cultivation Center (must be 1500 feet distance between each use as measured from each property line).

14. Cannabis Infuser Organization or Infuser; Cannabis Processing Organization or Processor; Cannabis Transporting Organization or Transporter.

15. Chambers of Commerce.

16. Chemical Supplies.

17. Clothes Cleaning Agency.

18. Clubs or Lodges (Private).

19. Construction Company - but not outside storage of equipment.

20. Convenience Stores with fuel, without facilities for semi trucks.

21. Credit Bureaus & Collections.

22. Currency Exchanges.

23. Custom Tailor & Dressmaking.

24. Day Care Center.

25. Drive-In Banking.

26. Drive-In Restaurants.

27. Drive-In Operations not otherwise specified or prohibited.

28. Drive-In Theaters.

29. Employment Agencies.

30. Essential Services.

31. Exterminators.

32. Governmental Offices.

33. Hotels & Motels.

34. Insurance Agencies.

35. Interior Decorator.

36. Fire Station.

37. General Loan.

38. Janitorial Services.

39. Jewelry Repair.

40. Libraries.

41. Locksmiths.

42. Lumber Yards.

43. Meat, Poultry or Fish Market.

44. Medical Clinics.

45. Motion Picture Theaters.

46. Museums.

47. Newspaper Offices but not newspaper plants.

48. One or more dwelling units above the main floor.

49. One dwelling unit used solely in conjunction with and forming part of a funeral home.

50. Paint, Wallpaper-Glass.

51. Pet Shop.

52. Photographer.

53. Police Station.

54. Post Office.

55. Printers.

56. Propane Filling Station (See Notes).

57. Rental Equipment.

58. Savings & Loan Association.

59. TV Studios.

60. Title Abstract Offices.

61. Transportation Terminals (passenger).

62. Travel Agencies.

63. Equipment Terminal, Truck Terminal, Truck Stop-- see Notes (2019).

64. Upholstery Shop.

65. Utility Company Offices, but not outside storage of equipment.

66. Veterinarians.

67. Warehouses.

68. Winery.

69. Wireless Communication Facility placed on existing nonresidential structure as described within §§ 161.365 through 161.378.

70. Stores or shops offering the following merchandise primarily at retail & wherein or whereat incidental but subordinate related services may or may not be available.

71. Appliance.

72. Auto glass.

73. Auto Parts - Wholesale or retail.

74. Auto & Truck Sales.

75. Bakery Goods.

76. Books.

77. Camera Shop.

78. Candy, but not manufacturing operations.

79. Catering.

80. Confectionery.

81. Dairy Products.

82. Delicatessen or Food, but not grocery or supermarket.

83. Department.

84. Drapery.

85. Drug.

86. Dry Goods.

87. Farm & Garden Supplies, but not milling or grain storage operations nor sale of major agricultural implements.

88. Florist.

89. Food.

90. Furniture.

91. Gifts.

92. Grocery & Supermarkets.

93. Hardware.

94. Ice Cream, Ice Milk-walk-in or walk-up but not drive-in.

95. Jewelry.

96. Liquor.

97. Locksmith.

98. Mail Order.

99. Meat, Poultry or Fish.

100. Milliner.

101. Music.

102. Notions.

103. Office Supply.

104. Optical Merchandise.

105. Paint, Wallpaper, Glass.

106. Pawn Brokers.

107. Periodicals.

108. Pet Shop.

109. Pharmacy.

110. Ready to wear, Men’s, Women’s, Children, Infants.

111. Restaurants, but not drive-in.

112. Shoes.

113. Sporting goods.

114. Stationery.

115. Tobacco, News.

116. Toys.

117. Variety or Dime.

118. Commercial Solar Energy Facility (see Chapter 160 of the Revised Code of Ordinances).

(b) The administrative official shall have authority to determine other uses, in addition to those specifically listed herein, when in his judgment such other uses are similar to and no more objectionable to the public welfare than those listed.

1. Notes (2019) re Equipment Terminal, Truck Terminal, Truck Stop:

a. Not more than two uses shall be permitted at each of the two I-57 interstate exchanges (Exit 94 and Exit 95) and at the one I-64 interstate exchange (Exit 80). Existing nonconforming uses shall be counted as a use.

b. The parcel on which the use is situated must have its closest boundary point to be within at least 1,000 feet of the centerline of the nearest I-57 or I-64 interstate highway exit ramp at its point of intersection with a state highway or with Veteran’s Memorial Drive.

c. The minimum distance between uses (which includes any existing non-conforming use) shall be 2000 feet measured along road frontage from the nearest entry or exit point of each use.

d. All entry or exit points for the parcel shall immediately abut and have access only upon a state highway, upon Veteran’s Memorial Drive, or upon a street that has been constructed and designated by the City for use by trucks up to 80,000-pounds; no other street or road shall provide access.

e. All access points shall have dedicated left-turn and/or right-turn lanes, either presently existing or constructed by the parcel owner/developer with permission of the City.

f. The use shall have only the number of spaces dedicated for truck parking as permitted by the Resolution Granting the Conditional Use and no truck parking shall be permitted or occur except within such dedicated spaces.

g. Lawful Equipment Terminals, Truck Terminals, or Truck Stops existing on date of adoption of these Notes shall be a nonconforming use and shall be subject to the provisions of this Chapter 161 relating to nonconforming uses.

h. None of the foregoing provisions shall be subject to variance.

2. Propane Filling Station:

a. Permitted only as an Accessory Use for a retailer which primarily engages in sales of and service for travel trailers, or for a retailer which primarily engages in sale of farm, garden, and hardware supplies, or for a Truck Stop.

b. Must be enclosed by an approved locking security fencing not less than 6 feet in height.

c. Minimum distance of security fencing to residentially zoned property shall be 330 feet in all directions (with no variance permitted), measured from the fencing to the property line of the residentially zoned property.

d. Maximum tank size (with no variance permitted) shall be 1000 gallons.

e. Only Liquid Propane Gas (LPG) designated UN 1075 shall be stored or sold upon the premises.

f. Must comply with applicable Codes, including Chapter 91 of Revised Code.

g. Shall be subject to such additional conditions as determined by the City Council to be necessary to protect the public interests.

(4) Prohibited Uses. Any use more appropriate to another zone or zones including, but not limited to:

(a) Abandoned Automobile.

(b) Automobile Wrecking.

(d) Agriculture.

(e) Agricultural Equipment Stores.

(f) Agricultural Products except produce.

(g) Churches.

(h) Commercial Radio or Television Station.

(i) Commercial Radio or Television Towers are exempted from height regulations.

(j) Drive-Ins:

1. Ice Cream or Ice Milk.

2. Auto Washing.

(k) Hospitals.

(l) Junk Yards.

(m) Kennel.

(n) Manufacturing or industrial operations except those permitted.

(o) Mineral Extractive Operations.

(p) Mineral Extractive Operations within corporate limits.

(q) Mineral Extractive Operations outside corporate limits, including but not limited to: coal, oil, rock, gravel, sand and the related processing operations, storing and sale of such materials.

(r) Mobile Homes.

(s) Moving & Storage Operations.

(t) Penal or correction institution.

(u) Raising, breeding & boarding of non-farm fowl and animals.

(v) Residential Dwelling Units.

(w) Residential use of any kind, including dwelling units, hotels, motels, mobile homes, etc. except bonafide single family farm dwellings.

(x) Riding Stables.

(y) Sales & Service.

(z) Sale of greenhouse products grown on premises.

(aa) Sanitation Landfill or other qualified system except sanitation transfer station.

(bb) Sanitation Transfer Station.

(cc) Schools.

(dd) Seasonal fishing, hunting lodge, gun club or related operation.

(ee) Sexually Oriented Businesses.

(ff) Single Family Residential Structures.

(gg) Stadium or coliseum, horse or auto race track.

(hh) Storage Facilities.

(ii) Trailers.

(jj) Travel Trailers.

(kk) Travel Trailer Parks.

(ll) Truck Sales & Service.

(mm) Warehouses except where permitted.

(nn) Wireless Communication Facility-freestanding as described with §§ 161.365 through 161.378.

(5) Minimum lot area; Minimum yards (all buildings); Minimum floor area (principal buildings); Maximum height (all buildings); Maximum floor area ratio (all buildings). Minimum lot areas and setback requirements shall comply with those required in the I-2 District for Industrial Uses and B-3 District for all other uses.

(6) Minimum off-street parking & loading.

(a) Industrial uses shall comply with parking regulations in the I-2 District.

(b) All other uses shall comply with parking regulations in the B-3 District.

(Prior Code, Art. 21, § 21-300) (Ord. 2023-30, passed 8-21-2023)

Mount Vernon City Zoning Code

SCHEDULE OF

DISTRICT REGULATIONS

§ 161.310 GENERAL PROVISIONS.

(B) GENERAL STATEMENT OF INTENT.

(1) The zoning districts hereby established are to effect a plan of land use which will:

(a) Create order out of chaos.

(b) Be based upon existing land use.

(d) Utilize governmental and public utilities facilities in the most economical manner possible which in turn should provide the most service for the least cost.

(a) utilize the existing CBD as the starting point and allowing within the CBD only appropriate uses,

(b) land adjacent to the CBD should permit high density (more people per acre) residential uses, and

1. existing industrial uses,

2. relationships to the other land use districts, and

3. supporting transportation facilities in the thoroughfare system of the community.

(2) In the event of any proposed amendment to this Zoning Ordinance which is in contradiction to the Comprehensive Plan, such amendment shall be preceded by an amendment to the Comprehensive Plan.

(Prior Code, Art. 21, § 21-300)

§ 161.311 LAND USE DISTRICTS LISTED.

A-G	General Agriculture
F P	Flood Plain
R-1	Low Density Residential
R-2	Medium Density Residential
R-M2	Medium Density Residential & Mobile Home
R-3	High Density Residential
R-MH	Planned Manufactured/Mobile Home
B-1	Primary Business
B-2	Secondary Business
B-3	Interchange Business
B-PL	Planned Business
I-1	Light Industrial
I-2	General Industrial
I-A	Industrial Agricultural
IPCA-PUD	Industrial Park Conservation Area

(Prior Code, Art. 21, § 21-300)

§ 161.312 A-G GENERAL AGRICULTURE.

(B) NOTES. For Sign Regulations see §§ 161.240 through 161.258 of this Ordinance.

(1) Building and enclosed pens for livestock, fowl and animals shall not be closer than 200’ from any adjoining district.

(2) Principal and accessory buildings shall not be closer than 100’ from any adjoining parcel.

(3) Principal and accessory buildings shall not be closer than 50’ from any adjoining parcel.

(4) Principal, accessory buildings and operations shall not be closer than 500’ from any adjoining parcel.

(5) See State Law.

(6) See definition of Home Occupation.

(7) Principal, accessory buildings and operations shall not be closer than 100’ from any adjoining parcel.

(1) Permitted Principal Uses and Structures.

(a) Agriculture and Agriculture buildings in connection with a bona fide farm operation. See Note (1).

(b) Cemeteries.

(d) Essential Services.

(e) Forest Preserves.

(f) Single Family Farm Dwellings.

(g) Wireless communication facility placed on existing nonresidential structure as described within §§ 161.365 through 161.378.

(h) Municipally Owned Parks and Recreational Areas.

(i) Public Secondary Schools.

(j) Non-Commercial Solar Energy Facility- see Chapter 160 of the Revised Code.

(2) Permitted Accessory Uses and Structures. Accessory uses and structures customarily incidental to permitted principal uses and on the same parcel including:

(a) Residential garages.

(b) Living quarters of persons employed on the premises.

(d) Truck or Equipment Terminal, but only with a Conditional Use Permit.

(e) Roadside produce stands in conjunction with a bonafide farm.

(f) Kennel.

(3) Conditional Uses: After notice & appropriate safeguards, the City Council may permit as Conditional Uses:

(a) Sale of Greenhouse products grown on premises.

(b) Riding Stables. See Note (1).

(d) Seasonal fishing, hunting lodge, gun club or related operation.

(e) Railroad.

(f) Stadium or coliseum, horse or auto race track. See Notes (1), (4).

(g) Penal or Correctional Institution. See Note (2).

(h) Airport or Heliport. See Note (5).

(i) Commercial agricultural storage operations.

(j) Public utility substation; Energy Park; Wind Farm, Park or Plant; for Commercial Solar Energy Facility - see Chapter 160 of the Revised Code of Ordinances.

(k) Public sewage disposal plant or public water plant. See Note (4).

(l) Freestanding Wireless Communication Facility as described within §§ 161.365 through 161.378.

(m) Sanitary landfill or other qualified disposal system. See Note (7).

(n) Commercial Radio or Television Station.

(o) Mineral extractive operations outside corporate limits, including but not limited to: coal, oil, rock, gravel, sand and the related processing operations, storing and sale of such materials. (4)

(p) Travel Trailer Park.

(q) Truck Terminal or Equipment Terminal, but only as an accessory use to a Permitted Use.

(r) Cannabis Cultivation Center or Cannabis Craft Grower (must be 1500 feet distance between each use as measured from each property line).

(5) Prohibited Uses. Any use more appropriate to another zone or zones including, but not limited to:

(a) Mobile Homes.

(b) Non-farm dwellings.

(d) Abandoned Automobile.

(e) Automobile Wrecking.

(f) Mineral extractive operations within corporate limits.

(g) Truck Stop.

(6) Minimum lot area; Minimum yards (all buildings); Minimum floor area (principal buildings); Maximum height (all buildings); Maximum floor area ratio (all buildings).

(a) MIN. LOT AREA: 5 acres, except for: churches and cemeteries in which case 2 acres; and conditional uses as determined by the Planning Commission.

(b) MIN. LOT WIDTH: 300’.

(d) MIN. REAR YARD DEPTH: 100’.

(e) 100’ MIN. FLOOR AREA: 1000 Sq. Ft.

(f) MAX. HEIGHT: 40’ except barns and silos.

(g) MAX. STORIES: 3.

(h) MAX. FLOOR AREA RATIO: N/A.

(7) Minimum off-street parking & loading.

land use	parking spaces	loading spaces
Dwelling unit	2	0
Home Occupation	+1	0
Churches per 4 seats in main auditorium	1	0
Sanitary landfill or other qualified disposal plant per 3 employees	1	0

(8) All remaining permitted uses and conditional uses if permitted are subject to the Planning Commission. Consideration shall be given to recommendation of administrative official.

(Prior Code, Art. 21, § 21-300) (Ord. 2023-30, passed 8-21-2023)

§ 161.313 F-P FLOOD PLAIN.

(B) NOTES. For Sign Regulations see §§ 161.240 through 161.258 of this Ordinance.

(1) Building and enclosed pens for livestock, fowl and animals shall not be closer than 200’ from any adjoining district.

(2) Principal, accessory buildings and operations shall not be closer than 500’ from any adjoining parcel.

(3) See State Law.

(1) Permitted Principal Uses and Structures.

(a) Agriculture and Customary Agricultural buildings and structures. See Note (1).

(b) Parks & Playgrounds.

(d) Stadium or Coliseum. See Note (2).

(e) Horse or Auto race track. See Note (1).

(f) Essential Services.

(g) One artificial lake of 3 acres or less.

(h) Wireless communication facility placed on existing nonresidential structure as described within §§ 161.365 through 161.378.

(i) Non-Commercial Solar Energy Facility- see Chapter 160 of the Revised Code.

(2) Permitted Accessory Uses and Structures.

(a) Accessory uses and structures incidental to permitted uses and structures and on the same parcel.

(b) One artificial lake of 3 acres or less.

(3) Conditional Uses. After notice & appropriate safeguards, the City Council may permit as Conditional Uses:

(a) Accessory uses of permitted principal uses in adjoining districts (such as parking lots, golf courses, etc.) and which are compatible with the statement of intent for this district.

(b) Freestanding wireless communication facility as described within §§ 161.365 through 161.378.

(d) Drive In Theater.

(e) More than one artificial lake of 3 acres or less.

(f) Artificial lake of 3 or more acres depending on recommendation of qualified agricultural engineer.

(h) Mineral extractive operations outside corporate limits, including but not limited to: coal, oil, rock, gravel, sand and the related processing operations, storing and sale of such materials. (2)

(4) Prohibited Uses. Any use more appropriate to another zone or zones including, but not limit to:

(a) Residential Dwellings farm or non-farm.

(b) Commercial structures.

(d) Railroads.

(e) Mobile Homes.

(f) Travel Trailers.

(g) Landfills.

(h) Filling to raise the area above high water elevation.

(i) Mineral extractive operations within corporate limits.

(j) Equipment Terminal, Truck Terminal, Truck Stop.

(5) Minimum lot area; Minimum yards (all buildings); Minimum floor area (principal buildings); Maximum height (all buildings); Maximum floor area ratio (all buildings).

(a) MIN. LOT AREA: 4 acres, except for: parks and playgrounds, in which case 1 acre; Heliports, 2 acres.

(b) MIN. LOT WIDTH: 200’.

(d) MIN. REAR YARD DEPTH: 60’ MIN.

(e) SIDE YARD WIDTH: 30’.

(f) MIN. FLOOR AREA: 1000 Sq. Ft.

(g) MAX. HEIGHT: 40’.

(h) MAX. STORIES: 3.

(i) MAX. FLOOR AREA RATIO: N/A.

(6) Minimum off-street parking & loading.

land use

parking spaces

loading spaces

(7) Permitted uses and conditional uses if permitted are subject to the Planning Commission. Consideration shall be given to recommendation of administrative official.

(Prior Code, Art. 21, § 21-300) (Ord. 2023-30, passed 8-21-2023)

§ 161.314 R-1 LOW DENSITY RESIDENTIAL.

(A) R-1 Land Use District Statement of Intent.

(2) Maximum density: 4.0 D.U. per gross acre.

(B) NOTES. For Sign Regulations see §§ 161.240 through 161.258.

(1) Permitted Principal Uses and Structures.

(a) Single family residential units.

(b) Parks, public schools and recreation buildings; libraries and public buildings.

(d) Wireless Communication Facility placed on existing nonresidential structure as described within §§ 161.365 through 161.3778.

(e) Non-Commercial Solar Energy Facility- see Chapter 160 of the Revised Code.

(2) Permitted Accessory Uses and Structures. Accessory uses and structures customarily incidental to permitted principal uses and on the same parcel.

(3) Conditional Uses. After notice & appropriate safeguards, the City Council may permit as Conditional Uses:

(b) Parking lots when abutting a permitted use in the commercial or manufacturing zones, when incidental to such permitted uses.

(d) Churches or private schools and subordinate uses related thereto.

(e) Day Care Center or Day Care Home.

(f) Fire Stations.

(g) Kennel.

(h) Historical Museum Park.

(i) Bed and Breakfast Establishment.

(k) “Weddings and Private Receptions Venue”; said Conditional Use shall be subject to the following requirements:

1. minimum lot size shall be 25 acres;

3. no permanent residency by any person is permitted upon the premises;

5. all events upon the premises shall be private gatherings for invited guests only and shall not be open to the general public;

7. the area for parking during an event shall be in the rear yard upon parking spaces improved for such purpose and shall be situated so as to reasonably minimize visibility from any public street;

10. no outdoor event shall be permitted upon the premises except during the hours from 9 a.m. until 11 p.m.;

12. no strobe, flashing, party, laser, or similar effects lighting shall be directly visible from any street or from any adjoining property;

14. such additional conditions as determined by the City Council to be necessary to protect adjoining residential uses.

(4) Prohibited Uses.

(a) Any use more appropriate to another zone or zones including, but not limit to:

(b) Mobile Homes (except nonresidential church uses where permitted by conditional use approval).

(d) Industrial uses.

(e) Mineral Extractive Operation.

(f) Abandoned Automobile.

(g) Automobile Wrecking.

(h) Truck or Equipment Terminal, Truck Stop.

(i) Sign Off Site.

(5) Minimum lot area; Minimum yards (all buildings); Minimum floor area (principal buildings); Maximum height (all buildings); Maximum floor area ratio (all buildings).

(a) MIN. LOT AREA: 10,000 Sq. Ft.

(b) MIN. LOT WIDTH: 70’.

(d) MIN. SIDE YARD: 10% of lot width on each side but shall not be less than 8’ and need not be more than 15’.

(e) MIN. REAR YARD: 25’.

(f) MIN. FLOOR AREA: 1,200 Sq. Ft. exclusive of garage.

(g) MAX. HEIGHT: 30’ MAX. STORIES: 2.

(h) MAX. FLOOR AREA RATIO: N/A.

(6) Minimum off-street parking & loading.

Land use	parking spaces	loading spaces
Residential dwellings on neighborhood streets	2
If lots face on a collector or arterial street	4
Fire station per two employees on maximum shift	1
Schools, per four seats in Main auditorium	1	0
All employees and visitors for a Historical Museum Park shall have off-street parking.

(7) All remaining permitted uses and conditional uses if permitted are subject to the Planning Commission. Consideration shall be given to recommendation of administrative official.

(Prior Code, Art. 21, § 21-300) (Ord. 2023-30, passed 8-21-2023)

§ 161.315 R-2 MEDIUM DENSITY RESIDENTIAL.

(A) R-2 Land Use District Statement of Intent.

(2) Maximum density: 6.5 D.U. per gross acre.

(B) NOTES. For Sign Regulations see §§ 161.240 through 161.258 of this Ordinance.

(1) Permitted Principal Uses and Structures.

(a) Dwellings, single family.

(b) Parks, public schools and recreation buildings; libraries and public buildings.

(d) Wireless Communication Facility placed on an existing nonresidential structure as described within §§ 161.365 through 161.378.

(e) Non-Commercial Solar Energy Facility- see Chapter 160 of the Revised Code.

(2) Permitted Accessory Uses and Structures. Accessory uses and structures customarily incidental to permitted principal uses and on the same parcel.

(3) Conditional Uses. After notice & appropriate safeguards, the City Council may permit as Conditional Uses:

(a) Dwellings: Two-family.

(c) Parking lots when abutting a permitted use in the commercial or manufacturing zones, when incidental to such permitted uses.

(d) Public Utility Facilities.

(e) Churches or private schools and subordinate uses related thereto.

(f) Day Care Center or Day Care Home.

(g) Fire Stations.

(h) Hospital or Nursing Home.

(i) Funeral Homes.

(j) Public Libraries.

(k) Kennel.

(l) Historical Museum Park.

(o) Adult Day Care.

(p) Bed and Breakfast Establishment.

(q) “Weddings and Private Receptions Venue”; said Conditional Use shall be subject to the following requirements:

1. minimum lot size shall be 25 acres;

3. no permanent residency by any person is permitted upon the premises;

5. all events upon the premises shall be private gatherings for invited guests only and shall not be open to the general public;

7. the area for parking during an event shall be in the rear yard upon parking spaces improved for such purpose and shall be situated so as to reasonably minimize visibility from any public street;

10. no outdoor event shall be permitted upon the premises except during the hours from 9 a.m. until 11 p.m.;

12. no strobe, flashing, party, laser, or similar effects lighting shall be directly visible from any street or from any adjoining property;

14. such additional conditions as determined by the City Council to be necessary to protect adjoining residential uses.

(4) Prohibited Uses. Any use more appropriate to another zone or zones including, but not limited to:

(a) Mobile Homes.

(b) Commercial uses.

(d) Mineral Extractive Operation.

(e) Abandoned Automobile.

(f) Automobile Wrecking.

(g) Truck or Equipment Terminal, Truck Stop.

(5) Minimum lot area; Minimum yards (all buildings); Minimum floor area (principal buildings); Maximum height (all buildings); Maximum floor area ratio (all buildings).

(a) MIN. LOT AREA: 5,000 sq. ft. per single family dwelling unit and boarding houses; 3,300 sq. ft. per DU in 2-family structures; 7,000 sq. ft. for uses other than residential.

(b) MIN. LOT WIDTH: 50’.

(c) MIN. FRONT YARD: 15’ or the average front yard of parcels where structures exist in the same block, on the same side of the street at the time a building permit is issued.

(d) MIN. REAR YARD: 15’.

(e) MIN. SIDE YARD: 10% of lot width on each side but shall not be less than 8’ and need not be more than 15’.

(f) MIN. FLOOR AREA: Residential per dwelling unit exclusive of garages: 1 & 2 Family - 800 each. Nonresidential: 1,000 sq. ft.

(g) MAX. HEIGHT: 35’ MAX. STORIES: 3 MAX. FLOOR AREA RATIO: N/A.

(6) Minimum off-street parking & loading.

land use	parking spaces	loading spaces
Each dwelling unit of 900 sq. ft. or more	2
Each dwelling unit under 900 sq. ft.	1.5
Fire station per 2 employees on working shift	1.5
Libraries per 2 employees plus 1 per 6 reading or studying chairs	1
Schools, per 4 seats in Main auditorium	1	0
All employees and visitors for a Historical Museum Park shall have off-street parking.

(7) All remaining permitted uses and conditional uses if permitted are subject to the Planning Commission. Consideration shall be given to recommendation of administrative official.

(Prior Code, Art. 21, § 21-300) (Ord. 2023-30, passed 8-21-2023)

§ 161.316 R-M2 MEDIUM DENSITY RESIDENTIAL AND MOBILE HOME.

(A) R-M2 Land Use District Statement of Intent.

(1) It is the intent of this district to provide land within and in some cases adjacent to the corporate limits of the community for single and two family residential purposes. Persons and families residing in this district are entitled to protection from the encroachment of other types of uses which are not appropriate to medium density residential area: In relation to R-1 Districts (low density residential), R-M2 Districts provide for higher traffic flow; maintain a relatively quiet atmosphere; discourage incompatible uses; provide less but adequate open space. Care has been taken and shall be taken in the delineation and expansion of this district to assure that adequate public water is available and that individual sewage disposal systems will not be required

(2) Maximum density: 6.5 D.U. per gross acre.

(B) NOTES. For Sign Regulations see §§ 161.240 through 161.258 of this Ordinance.

(1) Permitted Principal Uses and Structures.

(a) Dwellings: Single Family; Two Family.

(b) Parks, public schools and recreation buildings; libraries and public buildings.

(d) Wireless Communication Facility placed on an existing nonresidential structure as described within §§ 161.365 through 161.378.

(e) Mobile Homes.

(f) Non-Commercial Solar Energy Facility- see Chapter 160 of the Revised Code.

(2) Permitted Accessory Uses and Structures. Accessory uses and structures customarily incidental to permitted principal uses and on the same parcel.

(3) Conditional Uses. After notice & appropriate safeguards, the City Council may permit as Conditional Uses:

(b) Parking lots when abutting a permitted use in the commercial or manufacturing zones, when incidental to such permitted uses.

(d) Churches or private schools and subordinate uses related thereto.

(e) Day Care Center or Day Care Home.

(f) Fire Stations.

(g) Hospital or Nursing Home.

(h) Funeral Homes.

(i) Public Libraries.

(j) Kennel.

(k) Historical Museum Park.

(n) Adult Day Care.

(o) Bed and Breakfast Establishment.

(4) Prohibited Uses. Any use more appropriate to another zone or zones including, but not limited to:

(a) Commercial uses.

(b) Industrial uses.

(d) Abandoned Automobile.

(e) Automobile Wrecking.

(f) Truck or Equipment Terminal, Truck Stop.

(5) Minimum lot area; Minimum yards (all buildings); Minimum floor area (principal buildings); Maximum height (all buildings); Maximum floor area ratio (all buildings).

(a) MIN. LOT AREA: 5,000 sq. ft. per single family dwelling unit and boarding houses; 3,300 sq. ft. per DU in 2-family structures; 7,000 sq. ft. for uses other than residential.

(b) MIN. LOT WIDTH: 50’.

(c) MIN. FRONT YARD: 15’ or the average front yard of parcels where structures exist in the same block, on the same side of the street at the time a building permit is issued.

(d) MIN. REAR YARD: 15’.

(e) MIN. SIDE YARD: 10% of lot width on each side but shall not be less than 8’ and need not be more than 15’.

(f) MIN. FLOOR AREA: Residential per dwelling unit exclusive of garages: 1 & 2 Family - 800 each. Nonresidential: 1,000 sq. ft.

(g) MAX. HEIGHT: 35’.

(h) MAX. STORIES: 3.

(i) MAX. FLOOR AREA RATIO: N/A.

(6) Minimum off-street parking & loading.

land use	parking spaces	loading spaces
Each dwelling unit of 900 sq. ft. or more	2
Each dwelling unit under 900 sq. ft.	1.5
Fire station per 2 employees on working shift	1.5
Libraries per 2 employees plus 1 per 6 reading or studying chairs	1
Schools, per 4 seats in Main auditorium	1	0
All employees and visitors for a Historical Museum Park shall have off-street parking.

(7) All remaining permitted uses and conditional uses if permitted are subject to the Planning Commission. Consideration shall be given to recommendation of administrative official.

(Prior Code, Art. 21, § 21-300) (Ord. 2023-30, passed 8-21-2023)

§ 161.317 R-3 HIGH DENSITY RESIDENTIAL.

(A) R-3 Land Use District Statement of Intent.

(2) Maximum density: 40 D.U. per gross acre.

(B) NOTES. For Sign Regulations see §§ 161.240 through 161.258 of this Ordinance.

(1) Permitted Principal Uses and Structures.

(a) Multifamily dwelling units.

(b) Public Libraries.

(d) Essential services.

(e) Boarding Houses.

(f) Business & Professional Offices.

(i) Wireless Communication Facility placed on an existing nonresidential structure as described within §§ 161.365 through 161.378.

(j) Non-Commercial Solar Energy Facility- see Chapter 160 of the Revised Code.

(2) Permitted Accessory Uses and Structures.

(a) Accessory uses and structures customarily incidental to permitted principal uses and on the same parcel.

(b) Residential garages.

(3) Conditional Uses. After notice & appropriate safeguards, the City Council may permit as Conditional Uses:

(a) Churches or private schools and subordinate uses related thereto.

(b) Day care center or day care home.

(d) Hospital or Nursing Home.

(e) Parking areas for uses in adjoining less restricted district(s).

(f) Planned unit developments with minimum tracts of 2 acres in accordance with the provisions for planned unit developments in § 161.292.

(g) Private Clubs & Lodges.

(h) Dining or drinking facilities in clubs or lodges restricted to members and/or bonafide guests of members, and not operated as a public facility.

(i) Funeral Homes.

(j) Town house development of 5 or more units.

(k) Condominium.

(l) Kennel.

(o) Adult Day Care.

(p) Residential Facility for Homeless Persons.

(q) Residential Group Facility for Homeless Persons.

(r) Bed and Breakfast Establishment.

(s) “Weddings and Private Receptions Venue”; said Conditional Use shall be subject to the following requirements:

1. minimum lot size shall be 25 acres;

3. no permanent residency by any person is permitted upon the premises;

5. all events upon the premises shall be private gatherings for invited guests only and shall not be open to the general public;

7. the area for parking during an event shall be in the rear yard upon parking spaces improved for such purpose and shall be situated so as to reasonably minimize visibility from any public street;

10. no outdoor event shall be permitted upon the premises except during the hours from 9 a.m. until 11 p.m.;

12. no strobe, flashing, party, laser, or similar effects lighting shall be directly visible from any street or from any adjoining property;

14. such additional conditions as determined by the City Council to be necessary to protect adjoining residential uses.

(4) Prohibited Uses. Any use more appropriate to another zone or zones including, but not limited to:

(a) Single Family Dwelling Units except town houses.

(b) Open Storage of Construction Equipment.

(d) Industrial Uses.

(e) Commercial Uses.

(f) Mineral Extractive Operation.

(g) Abandoned Automobile.

(h) Automobile Wrecking.

(i) Truck or Equipment Terminal, Truck Stop.

(5) Minimum lot area; Minimum yards (all buildings); Minimum floor area (principal buildings); Maximum height (all buildings); Maximum floor area ratio (all buildings).

(a) MIN. LOT AREA:

MIN. LOT AREA:
If parking is not within structure
Effic.	800 sq. ft. lot area per DU
1 Bedrm	1100 sq. ft. lot area per DU
2 Bedrm	1300 sq. ft. lot area per DU
3 Bedrm	1600 sq. ft. lot area per DU
If parking is within structure:
Effic.	750 sq. ft. lot area per DU
1 Bedrm	1000 sq. ft. lot area per DU
2 Bedrm	1150 sq. ft. lot area per DU
3 Bedrm	1400 sq. ft. lot area per DU
Nonresidential:	4000 sq. ft.

(b) MIN. LOT WIDTH: 50’ 25’ for townhouse.

(d) MIN. REAR YARD: 15’.

(e) MIN. SIDE YARD: 10’+ 2’ for each story over 3.

(f) MIN. FLOOR AREA: Residential per dwelling unit exclusive of garages: 2 Family 800 each; 3 or more family 600 each; nonresidential 800.

(g) MAX. HEIGHT: 200’.

(h) MAX. STORIES: 20, providing any structure over 3 stories shall have an integral passenger elevator.

(i) MAX F.A.R. per story: .75 for 1; 1.20 for 2; 1.60 for 3; 2.00 for 4; 2.40 for 5; 2.80 for 6; 3.20 for 7; 3.60 for 8; 4.00 for 9; 4.40 for10; 4.80 for 11; 5.20 for 12 & up.

(6) Minimum off-street parking & loading.

Land use	Parking spaces	Loading spaces
Each dwelling unit of 900 sq. f.t. or more	2
Each dwelling unit under 900 sq. ft.	1.5
Boarding House. Plus 1 each per lodging room or fraction thereof	2
Fire station per 2 employees on working shift	1
Kindergarten or Day Nursery per 5 students	1	0
Hospital or Nursing Home /beds	1	1 up to 200 beds
		2-200—500beds
		3-over 500 beds
Churches, Schools, Funeral Homes per 4 seats in main auditorium	1	0
Libraries per 2 employees plus 1 per six reading or studying chairs	1	0
Private Clubs or Lodges	Subject to Planning Commission Approval

(Prior Code, Art. 21, § 21-300) (Ord. 2023-30, passed 8-21-2023)

§ 161.318 R-MH PLANNED MANUFACTURED/MOBILE HOME.

(A) R-MH Land Use District Statement of Intent.

(2) Maximum density: 12.0 D.U. per gross acre.

(B) NOTES. For Sign Regulations see §§ 161.240 through 161.258 of this Ordinance

(1) All R-MH Districts shall comply with the performance standards indicated in § 161.293 of this ordinance.

(1) Permitted Principal Uses and Structures.

(a) Manufactured/Mobile Home dwellings.

(b) Laundromats including facilities for coin operated dry cleaning machines.

(d) Essential Services.

(e) Wireless Communication Facility placed on an existing nonresidential structure as described within §§ 161.365 through 161.378.

(f) Non-Commercial Solar Energy Facility- see Chapter 160 of the Revised Code.

(2) Permitted Accessory Uses and Structures. Only those accessory uses and structures customarily incidental to principal uses and structures.

(3) Conditional Uses. After notice & appropriate safeguards, the City Council may permit as Conditional Uses: None.

(4) Prohibited Uses. Any use more appropriate to another zone or zones including, but not limited to:

(a) Agriculture, conventional dwelling units, industrial uses, mobile homes not having access to public water and sanitary sewers.

(b) Commercial uses unless part of a planned development.

(d) Automobile Wrecking.

(e) Kennel.

(f) Truck or Equipment Terminal, Truck Stop.

(g) Mineral Extractive Operations.

(5) Minimum lot area; Minimum yards (all buildings); Minimum floor area (principal buildings); Maximum height (all buildings); Maximum floor area ratio (all buildings).

(a) MIN. LOT AREA: 1 acre.

(b) MIN. LOT WIDTH: 100’.

(d) MIN. REAR YD. DEPTH: Refer to Performance Standards.

(e) MIN. SIDE YD. WIDTH: Refer to Performance Standards.

(f) MIN. FLOOR AREA: 800 Sq. Ft.

(g) MAX. HEIGHT: 20’.

(h) MAX. STORIES: 1.

(i) MAX. FLOOR AREA RATIO: N/A.

(6) Minimum off-street parking & loading.

Land Use	Parking Spaces	Loading Spaces
Per mobile home	2	0
Per total all washing machines & dry cleaning machines divided by 3	1	0

(Prior Code, Art. 21, § 21-300) (Ord. 2023-30, passed 8-21-2023)

§ 161.319 B-1 PRIMARY BUSINESS.

(A) B-1 Land Use District Statement of Intent.

(B) NOTES.

(1) For Sign Regulations see §§ 161.240 through 161.258 of this Ordinance

(1) Permitted Principal Uses and Structures. The following service establishments or offices wherein or whereat incidental but subordinate sale of merchandise may or may not be available.

(a) Accountants.

(b) Advertising Agencies.

(d) Amusement Centers except Bowling Alleys.

(e) Attorneys.

(f) Architects.

(g) Art Galleries.

(h) Auto Parking Lots or Structures.

(i) Banks, except Drive In Facilities.

(j) Barber.

(k) Beauty Shops.

(l) Blueprinting & Photocopying.

(m) Business & Professional Offices.

(n) Catering.

(o) Chambers of Commerce.

(p) Clothes Cleaning Agency.

(q) Clubs or Lodges, Private.

(r) Credit Bureaus & Collections.

(s) Currency Exchanges.

(t) Custom Tailor & Dressmaking.

(u) Dentist, Orthodontists, etc.

(v) Detectives.

(w) Employment Agencies.

(x) Engineering Offices, but not outside storage of equipment.

(y) Essential Services.

(z) Funeral Homes.

(aa) Fire Station.

(bb) General Loan.

(cc) Governmental Offices.

(dd) Insurance Agencies.

(ee) Insurance Company Offices.

(ff) Interior Decorator.

(gg) Janitorial Services.

(hh) Jewelry Repair.

(ii) Labor Unions & Halls.

(jj) Laundry Agencies.

(kk) Libraries.

(ll) Locksmiths.

(mm) Motion Picture Theaters.

(nn) Museums.

(oo) Newspaper Offices but not newspaper plants.

(pp) Offices, Business & Professional.

(qq) Pawn Brokers.

(rr) Physicians, Chiropractor, Osteopaths etc. but not Veterinarians.

(ss) Photographer.

(tt) Planners, but not outside storage of equipment.

(uu) Police Station.

(vv) Pool hall.

(ww) Post Office.

(xx) Radio Studios.

(yy) Savings & Loan Association.

(zz) Secretarial.

(aaa) Security & Commodity Brokers & Dealers Small Loan.

(bb) Title Abstract Offices.

(ccc) Travel Agencies.

(ddd) Upholstery Shop.

(eee) Utility Company Offices, but not outside storage of equipment.

(fff) Wireless Communication Facility placed on existing nonresidential structure as described within §§ 161.365 through 161.378.

(ggg) Stores or shops offering the following merchandise primarily at retail & wherein or whereat incidental but subordinate related services may or may not be available:

1. Candy, but not manufacturing operations.

2. Catering.

3. Confectionery.

4. Delicatessen or Food, but not grocery or supermarket.

5. Department.

6. Drapery.

7. Drug.

8. Dry Goods.

9. Florist.

10. Furniture.

11. Gifts.

12. Hardware.

13. Ice Cream, Ice Milk walk in or walk up but not drive in.

14. Jewelry.

15. Liquor.

16. Locksmith.

17. Mail Order.

18. Milliner.

19. Music.

20. Notions.

21. Office Supply.

22. Optical Merchandise.

23. Pawn Brokers.

24. Periodicals.

25. Pharmacy.

26. Ready to wear, Men’s Women’s, Children, Infants Restaurants, but not drive in.

27. Shoes.

28. Sporting Goods.

29. Stationery.

30. Tavern.

31. Trading Stamp Redemption.

32. Tobacco, News.

33. Toys.

34. Variety or Dime.

(hhh) Non-Commercial Solar Energy Facility- see Chapter 160 of the Revised Code.

(2) Permitted Accessory Uses and Structures.

(a) Only sale of gas & oil at retail in conjunction with and subsidiary to a parking garage or parking lot.

(b) Offices in conjunction with and subsidiary to principal use.

(d) Off-street parking and loading.

(3) Conditional Uses. After notice & appropriate safeguards, the City Council may permit as Conditional Uses: The following manufacturing operations providing they are of a limited nature.

(a) In conjunction with a permitted use, and in harmony with other activities in this district.

1. Bakery Manufacturing.

2. Candy Manufacturing.

3. Drapery Manufacturing.

4. Jewelry Manufacturing.

5. Clothes Cleaning Plant or Laundry.

1. Day Care Center.

2. Drive In Banking.

3. Drive In Restaurants.

4. Drive In Operations not otherwise specified or prohibited.

5. Paint, Wallpaper Glass.

6. Pet Shop.

7. Coin Operated Laundromat or Dry Cleaning.

8. Church or Temple.

9. Crematorium operated in conjunction with Funeral Home.

10. Meat, Poultry or Fish Market.

11. Post Office.

12. Clubs or Lodges (Private).

13. Exterminating Services.

14. Hospitals.

15. Medical Clinics.

16. Auto Glass Stores.

17. Schools of any kind.

18. Hotels or Motels.

19. Newspaper Printing Plants.

20. Printers.

21. Rental Equipment.

22. Transportation Terminals (passenger).

23. Bowling Alleys.

24. TV Studios.

25. Chemical Supplies.

26. Lumber Yards.

27. Automobile Sales & Service.

28. Kennel.

29. Adult Daycare.

30. Cannabis Dispensing Organization.

b. cannabis café, lounge, or on-site consumption is prohibited).

(4) Prohibited Uses. Any use more appropriate to another zone or zones including, but not limited to:

(a) Truck Sales & Service.

(b) Trailer, Mobile Homes.

(d) Drive Ins:

1. Ice Cream or Ice Milk.

2. Agricultural Products except produce.

(e) Manufacturing or industrial operations except those permitted.

(f) Single Family Residential Structures.

(g) Truck or Equipment Terminals, Truck Stop.

(h) Warehouses.

(i) Moving & Storage Operations.

(j) Agricultural Equipment Stores.

(k) Abandoned Automobile.

(l) Automobile Wrecking.

(m) Automobile Service Station.

(n) Mineral Extractive Operations.

(5) Minimum lot area; Minimum yards (all buildings); Minimum floor area (principal buildings); Maximum height (all buildings); Maximum floor area ratio (all buildings).

(a) MIN. LOT AREA: Not applicable.

(b) MIN. FRONT, SIDE & REAR YARD: None except as required by the Planning Commission.

(d) MAX. HEIGHT: As determined by F.A.R.

(e) MAX. STORIES: As determined by F.A.R.

(f) MAX. FLOOR AREA RATIO: Per Story: 1.0 for 1; 2.0 for 2; 3.0 for 3; 3.5 for 4; 4.0 for 5; 4.5 for 6; 5.0 for 7; 5.5 for 8; 6.0 for 9; 6.50 for 10; 7.0 for 11; 7.5 for 12 & up.

(6) Minimum off-street parking & loading.

(a) Parking: Off-street parking shall not be required for any use except conditional uses permitted by City Council and shall be provided or not provided as determined by the City Council.

(Prior Code, Art. 21, § 21-300) (Ord. 2023-30, passed 8-21-2023)

§ 161.320 B-2 SECONDARY BUSINESS.

(A) B-2 Land Use District Statement of Intent.

(3) This zone discourages further strip type development which tends to hamper the flow of thoroughfare traffic.

(1) Permitted Principal Uses and Structures. The following service establishments or offices wherein or whereat incidental but subordinate sale of merchandise may or may not be available.

(a) Appliance Repair.

(b) Amusement Centers, indoor or outdoor.

(d) Auto Parking Lots or Structures.

(e) Auto & Truck servicing within buildings.

(f) Auto Washing.

(g) Banks.

(h) Barber.

(i) Beauty Shops.

(j) Blueprinting & Photocopying.

(k) Business & Professional Offices.

(l) Bowling Alleys.

(m) Catering.

(n) Chambers of Commerce.

(o) Church or Temple.

(p) Clothes.

(q) Cleaning Agency.

(r) Clubs or Lodges, Private.

(s) Coin operated Laundromat.

(t) Coin operated Dry Cleaning.

(u) Construction Company but not outside storage of equipment.

(v) Credit Bureaus & Collections.

(w) Currency Exchanges.

(x) Custom Tailor & Dressmaking.

(y) Employment Agencies.

(z) Essential Services.

(aa) Exterminators.

(bb) Automobile Service Station.

(cc) Fire Station.

(dd) Funeral Homes.

(ee) General Loan.

(ff) Governmental Offices.

(gg) Hotels & Motels.

(hh) Insurance Agencies.

(ii) Interior Decorator.

(jj) Janitorial Services.

(kk) Jewelry Repair.

(ll) Labor Unions & Halls.

(mm) Laundry Agencies.

(nn) Libraries.

(oo) Locksmiths.

(pp) Motion Picture Theaters.

(qq) Museums.

(rr) Newspaper Offices but not newspaper plants.

(ss) Pawn Brokers.

(tt) Photographer.

(uu) Police Station.

(vv) Poolhall.

(ww) Post Office.

(xx) Printers.

(yy) Radio Studios.

(zz) Rental Equipment.

(aaa) Savings & Loan Association.

(bbb) Secretarial.

(ccc) Security & Commodity Brokers & Dealers.

(ddd) Small Loan.

(eee) TV Studios.

(fff) Title Abstract Offices.

(ggg) Transportation Terminals (passenger).

(hhh) Travel Agencies.

(iii) Upholstery Shop.

(jjj) Utility Company Offices, but not outside storage of equipment.

(kkk) Veterinarians.

(lll) Wireless Communication Facility placed on existing nonresidential structure as described within §§ 161.365 through 161.378.

(mmm) Stores or shops offering the following merchandise primarily at retail & wherein or whereat incidental but subordinate related services may or may not be available:

1. Appliances.

2. Autoglass.

3. Auto Parks Wholesale or retail.

4. Auto & Truck Sales.

5. Bakery Good’s.

6. Books.

7. Camera Shop.

8. Candy Shop.

9. Catering.

10. Chemical Supplies.

11. Confectionery.

12. Dairy Products.

13. Delicatessen or Food Department Store Drapery.

14. Drug.

15. Dry Goods.

16. Farm & Garden Supplies, but not milling or grain storage operations nor sale of major agricultural implements.

17. Automobile Service Station.

18. Florist.

19. Food.

20. Furniture.

21. Gifts.

22. Grocery & Supermarkets.

23. Hardware.

24. Ice Cream Ice Milk.

25. Liquor.

26. Locksmith.

27. Mail Order.

28. Meat, Poultry or Fish.

29. Milliner.

30. Music.

31. Notions.

32. Office Supply.

33. Optical Merchandise.

34. Paint, Wallpaper, Glass.

35. Pawn Brokers.

36. Periodicals.

37. Pet Shop.

38. Pharmacy.

39. Ready to wear Men’s, Women’s, Children’s, Infants’.

40. Restaurants.

41. Shoes.

42. Sporting Goods.

43. Stationery.

44. Tavern.

45. Tire Dealers within buildings.

46. Trading Stamp Redemption.

47. Trailer or Mobile Homes.

48. Tobacco, News.

49. Toys.

50. Variety or Dime.

(ooo) Ambulance services, except helicopter and air ambulance services.

1. Written variance must be obtained from the Zoning Board of Appeals permitting use of the mobile home, which variance shall be granted only if each and every condition set forth herein is met.

2. The mobile home shall be an accessory structure only;

3. The sleeping quarters must be the primary use within the mobile home, with any office use being secondary and with storage use being prohibited;

5. The mobile home must be removed within 30-days of termination of the variance permitting placement of the mobile home.

(qqq) Non-Commercial Solar Energy Facility- see Chapter 160 of the Revised Code.

(3) Conditional Uses. After notice & appropriate safeguards, the City Council may permit as Conditional Uses:

(a) The following manufacturing operations providing they are of a limited nature, in conjunction with a permitted use, and in harmony with other activities in this district.

1. Bakery Manufacturing.

2. Candy Manufacturing.

3. Drapery Manufacturing.

4. Jewelry Manufacturing.

5. Clothes Cleaning Plant or Laundry.

1. Day Care Center.

2. Kennel.

3. Crematorium operated in conjunction with Funeral Home.

4. Newspaper Printing Plants.

5. Lumber Yards.

6. Agricultural Implement Store.

7. Warehouses.

8. Moving & Storage operations conducted within a building.

9. Drive In Theaters.

10. Winery.

11. Freestanding Wireless Communication as described in §§ 161.365 through 161.378.

12. Adult Daycare.

13. Cannabis Dispensing Organization.

b. cannabis café, lounge, or on-site consumption is prohibited).

14. One dwelling unit used solely in conjunction with and forming part of a funeral home.

16. Propane Filling Station (See Notes below).

2. Must be enclosed by an approved locking security fencing not less than 6 feet in height.

4. Maximum tank size (with no variance permitted) shall be 1000 gallons.

5. Only Liquid Propane Gas (LPG) designated UN 1075 shall be stored or sold upon the premises.

6. Must comply with applicable Codes, including Chapter 91 of Revised Code.

7. Shall be subject to such additional conditions as determined by the City Council to be necessary to protect the public interests.

(4) Prohibited Uses. Any use more appropriate to another zone or zones including, but not limited to:

(a) Residential Dwelling Units.

(b) Mobile Homes.

(d) Agriculture.

(e) Industrial or Manufacture Operations except as permitted by the Planning Commission.

(f) Abandoned Automobile.

(g) Automobile Wrecking.

(h) Mineral Extractive Operations.

(i) Equipment Terminal, Truck Terminal, Truck Stop (except lawful non-conforming use existing on October 21, 2019, provided parking area or use shall not be increased.)

(5) Minimum lot area; Minimum yards (all buildings); Minimum floor area (principal buildings); Maximum height (all buildings); Maximum floor area ratio (all buildings).

(a) MIN. LOT AREA: 5,000 Sq. Ft.

(b) MIN. LOT WIDTH: 50’.

(d) MIN. REAR YARD DEPTH: None.

(e) MIN. SIDE YARD: If lot abuts public alley on rear, none required, otherwise one side yard shall be required a minimum of 20’ to permit off-street parking.

(f) MIN. FLOOR AREA: N/A MAX. HEIGHT: 35’.

(g) MAX. STORIES: 2.

(h) MAX. FLOOR AREA RATIO: .60.

(6) Minimum off-street parking & loading. Off-street parking shall be required as follows:

Land use	Parking spaces	Loading spaces
Banks & other financial institutions & business or professional offices per 400 sq. ft. of gross Floor area	1
Beauty Shops per hair dryer	2
Barber Shops per chair	2
Hotels per 3 guest sleeping rooms	1
Motels per guest sleeping room	1
Retail Stores, Supermarkets, Dept. Stores & Personal Service Shops per 300 sq. ft. of gross Floor area	1
Laundromats: per 3 coin operated machines	1
Automobile Service Station:	1 per 2 employees on maximum shift
Bowling Alleys per lane	3
Restaurants, night clubs, taverns, lounges	1 space for each table or booth, or 3 seats at counter or bar
Furniture & Appliance Stores	1 per 800 Sq. Ft. of gross area plus 1 per 2 employees
Theaters, auditoriums & places of assembly	1 space for each 6 seats of designed capacity