The R-1 Residential District is established to accommodate low density single family residential dwellings. The density to be encouraged (one family per acre) will perpetuate development similar to that which is already existing in the area so defined. All public utilities and facilities shall be planned and designed to serve adequately the above population density only.

(Ord. 3-95. Passed 1-17-95.)

   The categories of uses permitted by right in the R-1 Residential District are the following:

   (a)   Single-family residential dwellings.

   (b)   Accessory uses provided such uses are incidental to the principal use and do not include any activity conducted as a business. Such uses must be situated on the same lot with the principal building.

   (c)   Home occupation.

   (d)   Child day-care home - Type B.

   (e)   Signs, as regulated by Chapter 1145.

(Ord. 3-95. Passed 1-17-95.)

   The Planning Commission with approval of Council may issue a conditional zoning certificate for a use listed herein provided such use conforms to the conditions, standards and requirements of Chapter 1141 and is approved for a particular zoning lot in accordance with the administrative provisions of Chapter 1163.

   (a)   Public and private schools.

   (b)   Churches and other buildings for the purpose of religious worship.

   (c)   Public utilities rights-of-way and pertinent structures.

   (d)   Governmentally owned and/or operated parks, playgrounds and golf courses, except miniature golf courses.

   (e)   Temporary buildings and uses for purposes incidental to construction work.

   (f)   Recreational uses, other than those governmentally owned and/or operated such as swimming pools, golf courses, tennis clubs.

   (g)   Governmentally owned and/or operated office buildings and/or administrative facilities.

   (h)   Institutions for higher education.

   (i)   Planned Unit Residential Developments.

   (j)   Family home for the handicapped.

(Ord. 28-01. Passed 9-18-01.)

   Buildings, structures and uses permitted in the R-1 District shall be constructed and located on a lot in compliance with the following area, yard and height regulations.

   (a)   Minimum Lot Area: Two acres without centralized water and sewer, or as regulated by the authorized public health authority; one acre with centralized water and sewer.

   (b)   Minimum Lot Width at Minimum Building Setback Line: 100 feet.

   (c)   Minimum Lot Width at Street Right-of-Way: 100 feet.

   (d)   Yard Requirements: Each lot shall maintain the following minimum front, rear and side yards which shall be unobstructed by any structure except as otherwise provided in this Chapter.

      (1)   Minimum Front Yard Depth: 75 feet, unless otherwise established on the Municipal Setback Map. The Municipal Setback Map shall have priority.

      (2)   Maximum Building Setback: Thirty percent (30%) greater than the minimum front yard depth, except on cul-de-sacs, unless otherwise established by Municipal Setback Map.

      (3)   Minimum Rear Yard Depth: 100 feet.

      (4)   Minimum Side Yard Width: 15 feet.

   (e)   Minimum Floor Area: Each single-family dwelling unit shall be erected and maintained in accordance with the following standards for minimum total floor area and minimum foundation floor area.

      (1)   Minimum Total Floor Area:

         A.   One-Story Structure: 1,400 square feet.

         B.   Structures Having More Than One Story: 2,000 square feet.

      (2)   Minimum Foundation Floor Area: 1,200 square feet for a structure having more than one story.

      (3)   For the purpose of this section, floor area shall not include porches, steps, breezeways, garages and other attached structures not intended for human occupancy.

   (f)   Height Regulations. No structure shall exceed a height of 35 feet or two and one-half stories.

   (g)   Off-Street Parking Requirements. Off-street parking spaces shall be provided in compliance with Section 1121.05 and Chapter 1143.

(Ord. 3-95. Passed 1-17-95.)

   Accessory uses, buildings and structures permitted in the R-1 District shall conform to the location, coverage and height standards contained in this Section.

   (a)   Location of Accessory Buildings. All accessory buildings shall be located in compliance with the following standards, except as otherwise permitted in this Zoning Ordinance.

      (1)   A detached accessory building shall not be located in a front or side yard except that a detached garage shall be permitted in a side yard.

      (2)   An accessory building having a floor area greater than 192 square feet shall comply with the yard requirements for principal buildings as set forth in Section 1121.04(d) above.

      (3)   An accessory building having a floor area of 192 square feet or less shall be located a minimum of five feet from the side and rear lot line.

   (b)   Maximum Number and Floor Area of Accessory Buildings. A maximum of two detached accessory buildings shall be permitted on a lot in compliance with the following:

      (1)   There shall be no more than one private garage, detached or attached. Such garage shall not exceed 820 square feet in floor area.

      (2)   An accessory building, except for a garage, shall not exceed 192 square feet in floor area except as may be permitted as a conditional use in compliance with Section 1141.03 and 1141.05(i).

      (3)   In no case shall the sum of the floor area of all detached and attached accessory buildings exceed six percent of the gross area of the lot.

   (c)   Garage Regulations. For each dwelling unit, two off-street enclosed parking spaces shall be provided in a private garage that is either attached to and integrated with the dwelling unit, or detached and accessory to the dwelling unit. Garages shall be designed and constructed in compliance with the following:

      (1)   The private garage shall be used solely for the storage of motor vehicles and necessary household items. A private garage shall not be used for any home occupation or for storage of commercial vehicles or trucks of more than 11,500 pounds Gross Vehicle Weight.

      (2)   The floor area of a private garage shall comply with Subsection (b)(1) above and be used for storage of not more than three motor vehicles.

      (3)   The height of a detached private garage shall not exceed the height of the principal building or 18 feet, whichever is lower, and in no event shall a detached garage have a second story. For detached and attached garages, the maximum door opening height shall not exceed nine feet.

      (4)   A garage shall have a minimum outside dimension of 24 feet by 20 feet, excluding any overhang.

      (1)   A pool and associated structure such as a deck erected on a lot with a principal building shall be located in the rear yard a minimum of 15 feet from the side and rear lot line.

      (2)   Every swimming pool shall be completely enclosed by a wall or fence of sturdy construction. Such wall or fence shall have a height of at least four feet six inches above the water's edge and be placed a distance of at least four feet six inches from the water's edge except that a fence or wall that is at least six feet in height above grade shall not be required to meet the four feet six inch separation from the water's edge. All fence or wall openings or points of entry into the pool area enclosure shall be equipped with gates. All gates shall be equipped with self-closing and self-latching devices placed at the top of the gate and made inaccessible to small children.

      (3)   The construction, plumbing and electrical requirements, inspection and other safety facilities shall be regulated by the applicable Municipal codes.

      (4)   A zoning certificate shall be obtained prior to the construction of a swimming pool.

(Ord. 3-95. Passed 1-17-95; Ord. 03-2010. Passed 7-6-10; Ord. 21-2012. Passed 9-18-12.)

   The purpose of this section is to set forth regulations which control the establishment and operation of home occupations. The intent of these regulations is to control the nonresidential use of a residential dwelling unit so that the nonresidential use is limited to an accessory use, and does not in any manner whatsoever disrupt or alter the residential character of the neighborhood in which it is located. Compliance with these regulations should result in all home occupations being located and conducted in such a manner that their existence is not detectable in any manner from the outside of the dwelling unit.

   (a)   Criteria and Limitations. Home occupations shall be subject to the following criteria and limitations.

      (1)   The home occupation shall be clearly incidental and secondary in importance to the use of the dwelling for dwelling purposes.

      (2)   Any on-site business related in any manner to the home occupation shall be conducted by occupants of the dwelling unit.

      (3)   The business activity, including the storage of equipment, supplies or any apparatus used in the home occupation shall be conducted entirely within the dwelling unit and no use of a garage, an accessory building or an outdoor area shall be permitted.

      (4)   A home occupation may be conducted in any area of the dwelling including the basement provided such home occupation shall occupy no more than one room in the dwelling unit or an area equal to 20% of the area of the main floor of the dwelling unit, whichever is greater. The area of an attached garage shall not be included when calculating the area of the main floor of the dwelling unit.

      (5)   Any activity, material, goods, or equipment indicative of the proposed use shall be carried on, utilized or stored within the dwelling unit and shall not be visible from any public way or adjacent property.

      (6)   The proposed use shall not create a nuisance by reason of generating any noise, odor, dust, vibrations, fumes, smoke or electromagnetic interference outside the dwelling.

      (7)   There shall not be any change in the outside appearance of the building or premises, or other visible exterior change related to the home occupation.

      (8)   There shall be no stock in trade or commodities sold except those which are produced on the premises.

      (9)   The proposed use shall not constitute a fire hazard endangering the site of the home occupation and adjoining property sites. There shall be no storage of hazardous, combustible or flammable matter, accumulation of rubbish or waste paper, and storage of cartons and/or boxes situated in a manner that would endanger life or property in case of an actual fire.

      (10)   The proposed use shall not cause an increase in the use of any one or more public utilities (water, sewer, electric, sanitation, etc.) so that the combined use of the residence and home occupation does not exceed the average use for residences in the neighborhood of the proposed use.

      (11)   No on-street parking shall be permitted in conjunction with the home occupation. Customer parking shall be limited to the driveway area only.

   (b)   Violations. Failure to comply with the regulations of this section shall be a violation of this Zoning Code and shall be subject to the enforcement and penalty procedures set forth in Chapter 1167.

(Ord. 3-95. Passed 1-17-95.)

   The R-2 Residential District is established to accommodate moderate density single family residential dwellings. The density to be encouraged (2 families per acre) will perpetuate development similar to that which already exists in the areas so defined. All public utilities and facilities will be planned and designed to serve adequately the above population density only.

(Ord. 3-95. Passed 1-17-95.)

   The categories of uses permitted by right in the R-2 Residential District are the following:

   (a)   Single-family residential dwellings.

   (b)   Accessory uses provided such uses are incidental to the principal use and do not include any activity conducted as a business. Such uses must be situated on the same lot with the principal building.

   (c)   Home occupation.

   (d)   Child day-care home - Type B.

   (e)   Signs, as regulated by Chapter 1145.

(Ord. 3-95. Passed 1-17-95.)

   The Planning Commission with approval of Council may issue a conditional zoning certificate for a use listed herein provided such use conforms to the conditions, standards and requirements of Chapter 1141 and is approved for a particular zoning lot in accordance with the administrative provisions of Chapter 1163.

   (a)   Public and private schools.

   (b)   Churches and other buildings for the purpose of religious worship.

   (c)   Public utilities rights-of-way and pertinent structures.

   (d)   Governmentally owned and/or operated parks, playgrounds and golf courses, except miniature golf courses.

   (e)   Temporary buildings and uses for purposes incidental to construction work.

   (f)   Recreational uses, other than those governmentally owned and/or operated, such as swimming pools, golf courses, tennis clubs.

   (g)   Governmentally owned and/or operated office buildings and/or administrative facilities.

   (h)   Institutions for higher education.

   (i)   Planned Unit Residential Developments.

   (j)   Family home for the handicapped.

(Ord. 28-01. Passed 9-18-01.)

   Buildings, structures and uses permitted in the R-2 District shall be constructed and located on a lot in compliance with the following area, yard and height regulations.

   (a)   Minimum Lot Area: One-half acre without centralized water and sewer, or as regulated by the authorized public health authority; 18,000 square feet with centralized water and sewer.

   (b)   Minimum Lot Width at Minimum Building Setback Line: 100 feet.

   (c)   Minimum Lot Width at Street Right-of-Way Line: 70 feet.

   (d)   Yard Requirements: Each lot shall maintain the following minimum front, rear and side yards which shall be unobstructed by any structure except as otherwise provided in this Chapter.

      (1)   Minimum Front Yard Depth: 50 feet, unless otherwise established on the Municipal Setback Map. The Municipal Setback Map shall have priority.

      (2)   Maximum Building Setback: Thirty percent (30%) greater than the minimum front yard depth, except on cul-de-sacs, unless otherwise established by Municipal Setback Map.

      (3)   Minimum Rear Yard Depth: 25 feet.

      (4)   Minimum Side Yard Width: 10 feet.

   (e)   Minimum Floor Area: Each single-family dwelling unit shall be erected and maintained in accordance with the following standards for minimum foundation area and minimum floor area.

      (1)   Minimum Total Floor Area:

         A.   One-Story Structure: 1,400 square feet.

         B.   Structures Having More Than One Story: 2,000 square feet.

      (2)   Minimum Foundation Floor Area: 1,200 square feet for a structure having more than one story.

      (3)   For the purpose of this section, floor area shall not include porches, steps, breezeways, garages and other attached structures not intended for human occupancy.

   (f)   Height Regulations. No structure shall exceed a height of 35 feet or two and one-half stories.

   (g)   Off-Street Parking Requirements. Off-street parking spaces shall be provided in compliance with Section 1123.05 and Chapter 1143.

(Ord. 3-95. Passed 1-17-95.)

   Accessory uses, buildings and structures permitted in the R-2 District shall conform to the location, coverage and height standards contained in this Section.

   (a)   Location of Accessory Buildings. All accessory buildings shall be located in compliance with the following standards, except as otherwise permitted in this Zoning Ordinance.

      (1)   A detached accessory building shall not be located in a front or side yard except that a detached garage shall be permitted in a side yard.

      (2)   An accessory building having a floor area greater than 192 square feet shall comply with the yard requirements for principal buildings as set forth in Section 1123.04(d) above.

      (3)   An accessory building having a floor area of 192 square feet or less shall be located a minimum of five feet from the side and rear lot line.

      (1)   There shall be no more than one private garage, detached or attached. Such garage shall not exceed 820 square feet in floor area.

      (2)   An accessory building, except for a garage, shall not exceed 192 square feet in floor area except as may be permitted as a conditional use in compliance with Section 1141.03 and 1141.05(i).

      (3)   In no case shall the sum of the floor area of all detached and attached accessory buildings exceed six percent (6%) of the gross area of the lot.

      (1)   The private garage shall be used solely for the storage of motor vehicles and necessary household items. A private garage shall not be used for any home occupation or for storage of commercial vehicles or trucks of more than 11,500 pounds gross vehicle weight.

      (2)   The floor area of a private garage shall comply with subsection (b)(1) above and be used for storage of not more than three motor vehicles.

      (3)   The height of a detached private garage shall not exceed the height of the principal building or 18 feet, whichever is lower, and in no event shall a detached garage have a second story. For detached and attached garages, the maximum door opening height shall not exceed nine feet.

      (4)   A garage shall have a minimum outside dimension of 24 feet by 20 feet, excluding any overhang.

      (1)   A pool and associated structure such as a deck erected on a lot with a principal building shall be located in the rear yard a minimum of 15 feet from the side and rear lot line.

      (2)   Every swimming pool shall be completely enclosed by a wall or fence of sturdy construction. Such wall or fence shall have a height of at least four feet six inches above the water's edge and be placed a distance of at least four feet six inches from the water's edge except that a fence or wall that is at least six feet in height above grade shall not be required to meet the four feet six inch separation from the water's edge. All fence or wall openings or points of entry into the pool area enclosure shall be equipped with gates. All gates shall be equipped with self-closing and self-latching devices placed at the top of the gate and made inaccessible to small children.

      (3)   The construction, plumbing and electrical requirements, inspection and other safety facilities shall be regulated by the applicable Municipal codes.

      (4)   A zoning certificate shall be obtained prior to the construction of a swimming pool.

(Ord. 3-95. Passed 1-17-95; Ord. 03-2010. Passed 7-6-10; Ord. 22-2012. Passed 9-18-12.)

   The purpose of this section is to set forth regulations which control the establishment and operation of home occupations. The intent of these regulations is to control the nonresidential use of a residential dwelling unit so that the nonresidential use is limited to an accessory use, and does not in any manner whatsoever disrupt or alter the residential character of the neighborhood in which it is located. Compliance with these regulations should result in all home occupations being located and conducted in such a manner that their existence is not detectable in any manner from the outside of the dwelling unit.

   (a)   Criteria and Limitations. Home occupations shall be subject to the following criteria and limitations.

      (1)   The home occupation shall be clearly incidental and secondary in importance to the use of the dwelling for dwelling purposes.

      (2)   Any on-site business related in any manner to the home occupation shall be conducted by occupants of the dwelling unit.

      (3)   The business activity, including the storage of equipment, supplies or any apparatus used in the home occupation shall be conducted entirely within the dwelling unit and no use of a garage, an accessory building or an outdoor area shall be permitted.

      (4)   A home occupation may be conducted in any area of the dwelling including the basement provided such home occupation shall occupy no more than one room in the dwelling unit or an area equal to 20% of the area of the main floor of the dwelling unit, whichever is greater. The area of an attached garage shall not be included when calculating the area of the main floor of the dwelling unit.

      (5)   Any activity, material, goods, or equipment indicative of the proposed use shall be carried on, utilized or stored within the dwelling unit and shall not be visible from any public way or adjacent property.

      (6)   The proposed use shall not create a nuisance by reason of generating any noise, odor, dust, vibrations, fumes, smoke or electromagnetic interference outside the dwelling.

      (7)   There shall not be any change in the outside appearance of the building or premises, or other visible exterior change related to the home occupation.

      (8)   There shall be no stock in trade or commodities sold except those which are produced on the premises.

      (9)   The proposed use shall not constitute a fire hazard endangering the site of the home occupation and adjoining property sites. There shall be no storage of hazardous, combustible or flammable matter, accumulation of rubbish or waste paper, and storage of cartons and/or boxes situated in a manner that would endanger life or property in case of an actual fire.

      (10)   The proposed use shall not cause an increase in the use of any one or more public utilities (water, sewer, electric, sanitation, etc.) so that the combined use of the residence and home occupation does not exceed the average use for residences in the neighborhood of the proposed use.

      (11)   No on-street parking shall be permitted in conjunction with the home occupation. Customer parking shall be limited to the driveway area only.

   (b)   Violations. Failure to comply with the regulations of this section shall be a violation of this Zoning Code and shall be subject to the enforcement and penalty procedures set forth in Chapter 1167.

(Ord. 3-95. Passed 1-17-95.)

   The R-3 Residential District is established to accommodate a medium density of residential development in sections of the community which are already partially developed. The density, regulated by three families per acre, encourages development similar to that already existing. The object of encouraging more intensive development in areas closer to the center of the community is predicated upon more economical extension of public utilities and facilities to serve the community's residents and to encourage a more economic interchange of people and goods by providing greater population concentrations near the central activity areas of the Municipality. All public utilities and facilities shall be planned and designed to serve this population density only.

(Ord. 3-95. Passed 1-17-95)

   The categories of uses permitted by right in the R-3 Residential District are the following:

   (a)   Single-family residential dwellings.

   (b)   Accessory uses provided such uses are incidental to the principal use and do not include any activity conducted as a business. Such uses must be situated on the same lot with the principal building.

   (c)   Home occupation.

   (d)   Child day-care home - Type B.

   (e)   Signs, as regulated by Chapter 1145.

(Ord. 3-95. Passed 1-17-95)

   The Planning Commission with approval of Council may issue a conditional zoning certificate for a use listed herein provided such use conforms to the conditions, standards and requirements of Chapter 1141 and is approved for a particular zoning lot in accordance with the administrative provisions of Chapter 1163.

   (a)   Public and private schools.

   (b)   Churches and other buildings for the purpose of religious worship.

   (c)   Public utilities rights-of-way and pertinent structures.

   (d)   Governmentally owned and/or operated parks, playgrounds and golf courses, except miniature golf courses.

   (e)   Temporary buildings and uses for purposes incidental to construction work.

   (f)   Recreational uses, other than those governmentally owned and/or operated, such as swimming pools, golf courses, tennis clubs.

   (g)   Governmentally owned and/or operated office buildings and/or administrative facilities.

   (h)   Institutions for higher education.

   (i)   Planned Unit Residential Developments.

   (j)   Family home for the handicapped.

(Ord. 28-01. Passed 9-18-01.)

   Buildings, structures and uses permitted in the R-3 District shall be constructed and located on a lot in compliance with the following area, yard and height regulations.

   (a)   Minimum Lot Area: One-half acre without centralized water and sewer, or as regulated by the authorized public health authority; 15,300 square feet with centralized water and sewer.

   (b)   Minimum Lot Width at Minimum Building Setback Line: 90 feet.

   (c)   Minimum Lot Width at Street Right-of-Way: 60 feet.

   (d)   Yard Requirements: Each lot shall maintain the following minimum front, rear and side yards which shall be unobstructed by any structure except as otherwise provided in this Chapter.

      (1)   Minimum Front Yard Depth: 50 feet, except 40 feet on cul-de-sacs and the secondary side of a corner lot unless otherwise established on the Municipal Setback Map. The Municipal Setback Map shall have priority.

      (2)   Maximum Building Setback: Thirty percent (30%) greater than the minimum front yard depth, except on cul-de-sacs, unless otherwise established by Municipal Setback Map.

      (3)   Minimum Rear Yard Depth: 25 feet.

      (4)   Minimum Side Yard Width: 10 feet.

   (e)   Minimum Floor Area: Each single-family dwelling unit shall be erected and maintained in accordance with the following standards for minimum foundation area and minimum floor area.

      (1)   Minimum Total Floor Area:

         A.   One-Story Structure: 1,400 square feet.

         B.   Structures Having More Than One Story: 2,000 square feet.

      (2)   Minimum Foundation Floor Area: 1,200 square feet for a structure having more than one story.

      (3)   For the purpose of this section, floor area shall not include porches, steps, breezeways, garages and other attached structures not intended for human occupancy.

   (f)   Height Regulations. No structure shall exceed a height of 35 feet or two and one-half stories.

   (g)   Off-Street Parking Requirements. Off-street parking spaces shall be provided in compliance with Section 1125.05 and Chapter 1143.

(Ord. 3-95. Passed 1-17-95)

   Accessory uses, buildings and structures permitted in the R-3 District shall conform to the location, coverage and height standards contained in this Section.

      (1)   A detached accessory building shall not be located in a front or side yard except that a detached garage shall be permitted in a side yard.

      (2)   An accessory building having a floor area greater than 192 square feet shall comply with the yard requirements for principal buildings as set forth in Section 1125.04(d) above.

      (3)   An accessory building having a floor area of 192 square feet or less shall be located a minimum of five feet from the side and rear lot line.

      (1)   There shall be no more than one private garage, detached or attached. Such garage shall not exceed 820 square feet in floor area.

      (2)   An accessory building, except for a garage, shall not exceed 192 square feet in floor area except as may be permitted as a conditional use in compliance with Section 1141.03 and 1141.05(i).

      (3)   In no case shall the sum of the floor area of all detached and attached accessory buildings exceed six percent (6%) of the gross area of the lot.

      (1)   The private garage shall be used solely for the storage of motor vehicles and necessary household items. A private garage shall not be used for any home occupation or for storage of commercial vehicles or trucks of more than 11,500 pounds gross vehicle weight.

      (2)   The floor area of a private garage shall comply with subsection (b)(1) above and be used for storage of not more than three motor vehicles.

      (3)   The height of a detached private garage shall not exceed the height of the principal building or 18 feet, whichever is lower, and in no event shall a detached garage have a second story. For detached and attached garages, the maximum door opening height shall not exceed nine feet.

      (4)   A garage shall have a minimum outside dimension of 24 feet by 20 feet, excluding any overhang.

      (1)   A pool and associated structure such as a deck erected on a lot with a principal building shall be located in the rear yard a minimum of 15 feet from the side and rear lot line.

      (2)   Every swimming pool shall be completely enclosed by a wall or fence of sturdy construction. Such wall or fence shall have a height of at least four feet six inches above the water's edge and be placed a distance of at least four feet six inches from the water's edge except that a fence or wall that is at least six feet in height above grade shall not be required to meet the four feet six inch separation from the water's edge. All fence or wall openings or points of entry into the pool area enclosure shall be equipped with gates. All gates shall be equipped with self-closing and self-latching devices placed at the top of the gate and made inaccessible to small children.

      (3)   The construction, plumbing and electrical requirements, inspection and other safety facilities shall be regulated by the applicable Municipal codes.

      (4)   A zoning certificate shall be obtained prior to the construction of a swimming pool.

(Ord. 3-95. Passed 1-17-95; Ord. 03-2010. Passed 7-6-10; Ord. 23-2012. Passed 9-18-12.)

   The purpose of this section is to set forth regulations which control the establishment and operation of home occupations. The intent of these regulations is to control the nonresidential use of a residential dwelling unit so that the nonresidential use is limited to an accessory use, and does not in any manner whatsoever disrupt or alter the residential character of the neighborhood in which it is located. Compliance with these regulations should result in all home occupations being located and conducted in such a manner that their existence is not detectable in any manner from the outside of the dwelling unit.

   (a)   Criteria and Limitations. Home occupations shall be subject to the following criteria and limitations.

      (1)   The home occupation shall be clearly incidental and secondary in importance to the use of the dwelling for dwelling purposes.

      (2)   Any on-site business related in any manner to the home occupation shall be conducted by occupants of the dwelling unit.

      (3)   The business activity, including the storage of equipment, supplies or any apparatus used in the home occupation shall be conducted entirely within the dwelling unit and no use of a garage, an accessory building or an outdoor area shall be permitted.

      (4)   A home occupation may be conducted in any area of the dwelling including the basement provided such home occupation shall occupy no more than one room in the dwelling unit or an area equal to twenty percent (20%) of the area of the main floor of the dwelling unit, whichever is greater. The area of an attached garage shall not be included when calculating the area of the main floor of the dwelling unit.

      (5)   Any activity, material, goods, or equipment indicative of the proposed use shall be carried on, utilized or stored within the dwelling unit and shall not be visible from any public way or adjacent property.

      (6)   The proposed use shall not create a nuisance by reason of generating any noise, odor, dust, vibrations, fumes, smoke or electromagnetic interference outside the dwelling.

      (7)   There shall not be any change in the outside appearance of the building or premises, or other visible exterior change related to the home occupation.

      (8)   There shall be no stock in trade or commodities sold except those which are produced on the premises.

      (9)   The proposed use shall not constitute a fire hazard endangering the site of the home occupation and adjoining property sites. There shall be no storage of hazardous, combustible or flammable matter, accumulation of rubbish or waste paper, and storage of cartons and/or boxes situated in a manner that would endanger life or property in case of an actual fire.

      (10)   The proposed use shall not cause an increase in the use of any one or more public utilities (water, sewer, electric, sanitation, etc.) so that the combined use of the residence and home occupation does not exceed the average use for residences in the neighborhood of the proposed use.

      (11)   No on-street parking shall be permitted in conjunction with the home occupation. Customer parking shall be limited to the driveway area only.

   (b)   Violations. Failure to comply with the regulations of this section shall be a violation of this Zoning Code and shall be subject to the enforcement and penalty procedures set forth in Chapter 1167.

(Ord. 3-95. Passed 1-17-95)

   The R-4 Residential District is established to accommodate single-family and two-family residential dwellings at a density of approximately three to four families per acre, and to conditionally permit multi-family dwelling units in order to offer a greater choice of living environments within the Municipality and in a manner which protects the desirable characteristics of the existing residential development.

(Ord. 3-95. Passed 1-17-95)

   The categories of uses permitted by right in the R-4 Residential District are the following:

   (a)   Single-family residential dwellings.

   (b)   Two-family residential dwellings.

   (c)   Accessory uses provided such uses are incidental to the principal use and do not include any activity conducted as a business. Such uses must be situated on the same lot with the principal building.

   (d)   Home occupation.

   (e)   Child day-care home - Type B.

   (f)   Signs, as regulated by Chapter 1145.

(Ord. 3-95. Passed 1-17-95)

   The Planning Commission with approval of Council may issue a conditional zoning certificate for a use listed herein provided such use conforms to the conditions, standards and requirements of Chapter 1141 and is approved for a particular zoning lot in accordance with the administrative provisions of Chapter 1163.

   (a)   Public and private schools.

   (b)   Churches and other buildings for the purpose of religious worship.

   (c)   Public utilities rights-of-way and pertinent structures.

   (d)   Governmentally owned and/or operated parks, playgrounds and golf courses, except miniature golf courses.

   (e)   Temporary buildings and uses for purposes incidental to construction work.

   (f)   Institutions for medical care or assisted living: hospitals, clinics, sanitariums, convalescent homes, nursing homes, and homes for the aged.

   (g)   Child care centers.

   (h)   Recreational uses, other than those governmentally owned and/or operated, such as swimming pools, golf courses, tennis clubs.

   (i)   Governmentally owned and/or operated office buildings and/or administrative facilities.

   (j)   Institutions for higher education.

   (k)   Office use accessory to a single-family dwelling located along Main Street (S.R. 91).

   (l)   Multi-family dwellings except when contiguous to Main Street (State Route 91).

   (m)   Planned Unit Residential Developments except when contiguous to Main Street (State Route 91).

   (n)   Family home for the handicapped.

   (o)   Group home for the handicapped; congregate living facilities.

    (p)   Office use when contiguous to Main Street (S.R. 91) within the City of Munroe Falls.

      Minimum dimensions for office use shall be as described in Section 1143.03(c)(16).

(Ord. 28-01. Passed 9-18-01.)

   Buildings, structures and uses permitted in the R-4 District shall be constructed and located on a lot in compliance with the following area, yard and height regulations.

   (a)   Minimum Lot Area.

      (1)   Single-Family Residential Dwelling: One-half acre without centralized water and sewer, or as regulated by the authorized public health authority; 13,500 square feet with centralized water and sewer.

      (2)   Two-Family Residential Dwelling: One-half acre without centralized water and sewer, or as regulated by the authorized public health authority; 19,560 square feet with centralized water and sewer.

   (b)   Minimum Lot Width at Minimum Building Setback Line.

      (1)   Single-Family Residential Dwelling: 80 feet.

      (2)   Two-Family Residential Dwelling: 100 feet.

   (c)   Minimum Lot Width at Street Right-of-Way.

      (1)   Single-Family Residential Dwelling: 60 feet.

      (2)   Two-Family Residential Dwelling: 80 feet.

   (d)   Yard Requirements: Each lot shall maintain the following minimum front, rear and side yards which shall be unobstructed by any structure except as otherwise provided in this chapter.

      (1)   Minimum Front Yard Depth: 50 feet, except 40 feet on cul-de-sacs and the secondary side of corner lots unless otherwise established on the Municipal Setback Map. The Municipal Setback Map shall have priority.

      (2)   Maximum Building Setback: Thirty percent (30%) greater than the minimum front yard depth, except on cul-de-sacs, unless otherwise established by Municipal Setback Map.

      (3)   Minimum Rear Yard Depth: 25 feet.

      (4)   Minimum Side Yard Width: 10 feet.

(Ord. 3-95. Passed 1-17-95.)

   (e)   Minimum Floor Area: Each dwelling unit shall be erected and maintained in accordance with the following standards for minimum floor area.

      (1)   Single-Family Dwelling: Each single-family dwelling unit shall comply with the minimum floor area specified below:

         A.   One-Story Structure: 1,400 square feet.

         B.   Structures Having More Than One Story: 2,000 square feet and a minimum foundation floor area of 1,200 square feet.

      (2)   Two-Family Dwelling: Each dwelling unit shall comply with the minimum floor area specified below:

         A.   One-Story Structure: 1,200 square feet per dwelling unit.

         B.   Structures Having More Than One Story: 1,200 square feet per dwelling unit.

      (3)   For the purpose of this subsection, floor area shall not include porches, steps, breezeways, garages and other attached structures not intended for human occupancy. For two-family units and multi-family units, measurements shall be made to the center line of party walls.

(Ord. 17-97. Passed 5-6-97.)

   (f)   Height Regulations. No structure shall exceed a height of 35 feet or two and one-half stories.

   (g)   Off-Street Parking Requirements. Off-street parking spaces shall be provided in compliance with Section 1127.05 and Chapter 1143.

   (h)   Minimum parking Setbacks for Property that is Contiguous to SR 91: Off street surface parking areas on property contiguous to SR 91, including circulation aisles and driveways, may be located in the required yard established in subsection (d) above provided such areas are located in compliance with the following setback standards as measured from the respective lot line:

      (1)   Setback from Front Lot Line: 20 feet.

      (2)   Setback from Rear Lot Line: 10 feet.

      (3)   Setback form Side Lot Line: 10 feet.

      (4)   Setback from Lot Line Adjacent to Residential District: When a rear or side lot line is adjacent to a Residential District, the minimum parking setback, including circulation aisles and driveways, from such lot line shall be 10 feet when screened by a 6 foot opaque fence or wall.

(Ord. 28-01. Passed 9-18-01.)

   Accessory uses, buildings and structures permitted in the R-4 District shall conform to the location, coverage and height standards contained in this Section.

      (1)   A detached accessory building shall not be located in a front or side yard except that a detached garage shall be permitted in a side yard.

      (2)   An accessory building having a floor area greater than 192 square feet shall comply with the yard requirements for principal buildings as set forth in Section 1127.04(d) above.

      (3)   An accessory building having a floor area of 192 square feet or less shall be located a minimum of five feet from the side and rear lot line.

      (1)   For a single-family dwelling, there shall be no more than one private garage, detached or attached. Such garage shall not exceed 820 square feet in floor area.

      (2)   For a two-family dwelling, there shall be no more than one private garage per dwelling unit, detached or attached. The total area of garage space for the two-family unit shall not exceed 1,092 square feet in floor area.

      (3)   An accessory building, except for a garage, shall not exceed 144 square feet in floor area except as may be permitted as a conditional use in compliance with Section 1141.03 and 1141.05(i).

      (4)   In no case shall the sum of the floor area of all detached and attached accessory buildings exceed six percent (6%) of the gross area of the lot.

      (1)   The private garage shall be used solely for the storage of motor vehicles and necessary household items. A private garage shall not be used for any home occupation or for storage of commercial vehicles or trucks of more than 11,500 pounds gross vehicle weight.

      (2)   The floor area of a private garage shall comply with subsection (b)(1) above and be used for storage of not more than three motor vehicles.

      (3)   The height of a detached private garage shall not exceed the height of the principal building or 18 feet, whichever is lower, and in no event shall a detached garage have a second story. For detached and attached garages, the maximum door opening height shall not exceed nine feet.

      (4)   A garage shall have a minimum outside dimension of 24 feet by 20 feet, excluding any overhang.

      (1)   A pool and associated structure such as a deck erected on a lot with a principal building shall be located in the rear yard a minimum of 15 feet from the side and rear lot line.

      (2)   Every swimming pool shall be completely enclosed by a wall or fence of sturdy construction. Such wall or fence shall have a height of at least four feet six inches above the water's edge and be placed a distance of at least four feet six inches from the water's edge except that a fence or wall that is at least six feet in height above grade shall not be required to meet the four feet six inch separation from the water's edge. All fence or wall openings or points of entry into the pool area enclosure shall be equipped with gates. All gates shall be equipped with self-closing and self-latching devices placed at the top of the gate and made inaccessible to small children.

      (3)   The construction, plumbing and electrical requirements, inspection and other safety facilities shall be regulated by the applicable Municipal codes.

      (4)   A zoning certificate shall be obtained prior to the construction of a swimming pool.

(Ord. 3-95. Passed 1-17-95; Ord. 03-2010. Passed 7-6-10; Ord. 24-2012. Passed 9-18-12.)

   The purpose of this section is to set forth regulations which control the establishment and operation of home occupations. The intent of these regulations is to control the nonresidential use of a residential dwelling unit so that the nonresidential use is limited to an accessory use, and does not in any manner whatsoever disrupt or alter the residential character of the neighborhood in which it is located. Compliance with these regulations should result in all home occupations being located and conducted in such a manner that their existence is not detectable in any manner from the outside of the dwelling unit.

   (a)   Criteria and Limitations. Home occupations shall be subject to the following criteria and limitations.

      (1)   The home occupation shall be clearly incidental and secondary in importance to the use of the dwelling for dwelling purposes.

      (2)   Any on-site business related in any manner to the home occupation shall be conducted by occupants of the dwelling unit.

      (3)   The business activity, including the storage of equipment, supplies or any apparatus used in the home occupation shall be conducted entirely within the dwelling unit and no use of a garage, an accessory building or an outdoor area shall be permitted.

      (4)   A home occupation may be conducted in any area of the dwelling including the basement provided such home occupation shall occupy no more than one room in the dwelling unit or an area equal to twenty percent (20%) of the area of the main floor of the dwelling unit, whichever is greater. The area of an attached garage shall not be included when calculating the area of the main floor of the dwelling unit.

      (5)   Any activity, material, goods, or equipment indicative of the proposed use shall be carried on, utilized or stored within the dwelling unit and shall not be visible from any public way or adjacent property.

      (6)   The proposed use shall not create a nuisance by reason of generating any noise, odor, dust, vibrations, fumes, smoke or electromagnetic interference outside the dwelling.

      (7)   There shall not be any change in the outside appearance of the building or premises, or other visible exterior change related to the home occupation.

      (8)   There shall be no stock in trade or commodities sold except those which are produced on the premises.

      (9)   The proposed use shall not constitute a fire hazard endangering the site of the home occupation and adjoining property sites. There shall be no storage of hazardous, combustible or flammable matter, accumulation of rubbish or waste paper, and storage of cartons and/or boxes situated in a manner that would endanger life or property in case of an actual fire.

      (10)   The proposed use shall not cause an increase in the use of any one or more public utilities (water, sewer, electric, sanitation, etc.) so that the combined use of the residence and home occupation does not exceed the average use for residences in the neighborhood of the proposed use.

      (11)   No on-street parking shall be permitted in conjunction with the home occupation. Customer parking shall be limited to the driveway area only.

   (b)   Violations. Failure to comply with the regulations of this section shall be a violation of this Zoning Code and shall be subject to the enforcement and penalty procedures set forth in Chapter 1167.

(Ord. 3-95. Passed 1-17-95)

   The C-1 General Commercial District is established to accommodate a range of commercial development and to provide locations outside of the Town Center for commercial uses which generally require independent, freestanding buildings and larger amounts of parking or which involve a high volume of vehicular traffic.

(Ord. 3-95. Passed 1-17-95)

   The categories of uses permitted by right in the C-1 District are the following provided all activities associated with a permitted use shall be conducted entirely within an enclosed building.

   (a)   Administrative and business office uses engaged in general administration, management, supervision, purchasing and accounting, including non-profit organizations.

   (b)   Professional office uses engaged in providing professional services to the public including non-profit organizations.

   (c)   Medical offices excluding veterinary offices.

   (d)   Banks and other financial establishments without drive-thru.

   (e)   Retail in wholly enclosed buildings.

   (f)   Personal services including shoe repair, dressmakers shop, hair care, tanning salon, coin-operated laundry and dry-cleaning counter outlets.

   (g)   Funeral home.

   (h)   Restaurant without drive-thru.

   (i)   Miscellaneous business services such as advertising agencies, mailing establishments, employment agencies, carpet cleaning, exterminator, equipment rental and leasing.

   (j)   Studios for instruction such as art, dance, exercise, et al.

   (k)   Governmentally owned and operated office facilities.

   (l)   Parking lot as a principal use.

   (m)   Temporary buildings or uses for purposes incidental to construction.

   (n)   Laboratories and research facilities.

   (o)   Signs, as regulated by Chapter 1145.

(Ord. 3-95. Passed 1-17-95)

   The Planning Commission with approval of Council may issue a conditional zoning certificate for a use listed herein provided such use conforms to the conditions, standards and requirements of Chapter 1141 and is approved for a particular zoning lot in accordance with the administrative provisions of Chapter 1163.

   (a)   Multi-family dwelling units.

   (b)   Medical clinics including urgent care.

   (c)   Ambulance service.

   (d)   Automated teller machines.

   (e)   Any business establishment selling or serving alcoholic beverages for consumption on or off premises.

   (f)   Bars, taverns, nightclubs.

   (g)   Drive-thru, drive-in or drive-up facility in association with a permitted or conditionally permitted use.

   (h)   Hotel/motel.

   (i)   Veterinary offices and animal clinics without kennels.

   (j)   Outdoor display of goods for sale and outdoor bulk storage of materials for permitted retail uses such as garden supply stores.

   (k)   Gasoline service station, with or without associated convenience retail store.

   (l)   Car wash.

   (m)   Automobile repair garage and other similar auto oriented businesses.

   (n)   Automobile sales and rental.

   (o)   Membership sports/fitness club.

   (p)   Motion picture theater.

   (q)   Indoor and outdoor commercial recreation.

   (r)   Governmentally owned and operated service and maintenance facilities.

   (s)   Public utility rights-of-way and pertinent structures.

   (t)   Churches and other buildings used for religious worship.

   (u)   Conversion of residential structures.

   (v)   Day care center.

(Ord. 3-95. Passed 1-17-95)

   Buildings, structures and uses permitted in the C-1 District shall be constructed and located on a lot in compliance with the following area and height regulations.

   (a)   Minimum Lot Area. 20,000 square feet.

   (b)   Minimum Lot Width at Minimum Building Setback Line. 80 feet.

   (c)   Minimum Lot Width at Street Right-of-Way. 80 feet.

   (d)   Minimum Yard Requirements Each lot shall maintain the following minimum front, rear and side yards which shall be unobstructed by any structure except as otherwise provided in this chapter.

      (1)   Minimum Front Yard Depth: 50 feet.

      (2)   Minimum Rear Yard Depth: 10 feet.

      (3)   Minimum Side Yard Depth: 10 feet.

      (4)   Minimum Yard Depth Adjacent to Residential District: When a rear or side yard is adjacent to a residential district, such rear or side yard shall have a minimum depth of 25 feet plus one foot of additional yard depth for every foot of building height greater than 25 feet.

   (e)   Minimum Parking Setback: Off-street surface parking areas, including circulation aisles and driveways, may be located in the required yard established in subsection (d) above provided such areas are located in compliance with the following setback standards as measured from the respective lot line:

      (1)   Setback from Front Lot Line: 20 feet.

      (2)   Setback from Rear Lot Line: 10 feet.

      (3)   Setback from Side Lot Line: 10 feet.

      (4)   Setback from Lot Line Adjacent to Residential District: When a rear or side lot line is adjacent to a Residential District, the minimum parking setback, including circulation aisles and driveways, from such lot line shall be 25 feet.

   (f)   Minimum Building Floor Area. 1,200 square feet.

   (g)   Height Regulations. The maximum building height shall be 40 feet unless a greater height is conditionally approved by Planning Commission and Council.

   (h)   Parking and Loading Requirements. Off-street parking spaces and loading areas shall comply with the regulations of Chapter 1143.

(Ord. 3-95. Passed 1-17-95)

   Accessory buildings and structures shall comply with the following regulations.

   (a)   Accessory Buildings. Accessory buildings shall comply with the development standards established for principal buildings and uses in Section 1131.04.

   (b)   Accessory Structures. Accessory structures including dumpsters shall be located in the rear yard, setback from a side and rear lot line a minimum of 10 feet, except 25 feet adjacent to a Residential District. Accessory structures, including mechanical equipment, which are located on the roof of a building shall either be located in a manner that such structure is not visible from the front lot line or shall be enclosed in a structure that matches the materials of the building or shall be covered or painted to blend with the building.

(Ord. 3-95. Passed 1-17-95)

   Landscape buffers and visual screening shall be provided on each lot in compliance with the following standards in order to reduce the impact between incompatible uses or zones to break up and lessen the impact of large parking areas, to provide interest and lessen the monotony of the streetscape, to obscure the view of accessory uses and to provide protection from soil erosion.

   (a)   Landscaping and Maintenance of Yards. Required yards and all other portions of the lot not covered by permitted structures shall be landscaped with grass, trees, shrubbery and/or other appropriate ground cover or landscaping material, which at all times shall be maintained in good and healthy condition.

   (b)   Screening of Accessory Uses. Outdoor storage of goods, supplies or equipment used in the operation of the establishment when conditionally permitted, and dumpsters and loading areas shall be screened by an opaque fence or wall a minimum of six feet in height placed adjacent to the dumpster, storage or loading area so as to effect screening from any adjacent streets and any adjoining properties.

   (c)   Screening and Landscaping of Parking Lots. Perimeter and interior landscaping of parking lots shall be provided in accordance with the regulations set forth in Sections 1143.07(h) and 1143.07(i).

   (d)   Screening when Lot Abuts a Residential District. Where any structure is to be built or altered by expansion or diminution within the C-1 District and the lot upon which such structure is to be built is contiguous to either an R-1, R-2, R-3 or R-4 District, parking and driveway areas shall be screened in accordance with the following regulations, and shall be approved as part of the site plan required by Section 1163.03(c).

      (1)   Screening shall consist of one or a combination of the following:

         A.   A dense vegetative planting incorporating trees and/or shrubs of a variety which shall be equally effective in winter and summer.

         B.   A nonliving opaque structure such as a solid masonry wall, solidly constructed decorated fence, or louvered fence.

         C.   A landscaped mound or berm.

      (2)   The height of screening shall be in accordance with the following:

         A.   Visual screening, walls, fences, or mounds and fences in combination shall be a minimum of six feet high in order to accomplish the desired screening effect.

         B.   Vegetation shall be planted with such minimum height to assure that the required six feet high screening effect shall be achieved not later than twelve months after the initial installation.

      (3)   All screening shall be free of advertising or other signs, except for directional signs and other signs for the efficient flow of vehicles.

      (4)   The required landscaping shall be maintained in healthy condition by the current owner and replaced when necessary. Replacement material shall conform to the original intent of the landscaped plan.

(Ord. 3-95. Passed 1-17-95)

   Any new construction of a use permitted or conditionally permitted in this district or any existing or previously approved development which proposes to expand the floor area or any change in use which requires a modification in the amount of parking or the site's circulation shall require submission and approval of a site plan pursuant to Chapter 1163.03.

(Ord. 3-95. Passed 1-17-95)

   The I-1 Industrial District is established to provide for and accommodate industrial uses in the field of repair, storage, manufacturing, processing, wholesale distribution and disposal. Regulations will insure that this district will be free from the encroachment of residential, commercial and institutional uses so that it may develop for purely industrially oriented purposes.

(Ord. 3-95. Passed 1-17-95)

   The categories of uses permitted by right in the I-1 District are the following provided all activities associated with a permitted use shall be conducted entirely within an enclosed building.

   (a)   Light manufacturing and assembling of the following:

      (1)   Canvas products, such as tents and awnings.

      (2)   Glass and optical products.

      (3)   Jewelry, clocks and watches.

      (4)   Scientific instruments.

      (5)   Sporting goods.

      (6)   Toys and novelties.

      (7)   Plastics.

      (8)   Electrical equipment.

   (b)   Assembling of the following:

      (1)   Metal products.

      (2)   Paper products.

      (3)   Plastic products.

      (4)   Textile products.

      (5)   Wood products.

      (6)   Rubber products.

   (c)   Services:

      (1)   Automobile, truck, farm machinery repair, including body repair and painting.

      (2)   Carpentry shops.

      (3)   Laboratories.

      (4)   Laundry plants.

      (5)   Offices.

      (6)   Plumbing repair.

      (7)   Printing and publishing.

      (8)   Roofing and sheet metal shops.

      (9)   Sign and display shop.

   (d)   Manufacturing and processing of the following:

      (1)   Food products not involving the slaughtering of animals.

      (2)   Machine shop products.

      (3)   Packaging of products.

      (4)   Pharmaceutical products.

   (e)   Signs, as regulated by Chapter 1145.

   (f)   Temporary buildings for uses incidental to construction.

(Ord. 3-95. Passed 1-17-95)

   The Planning Commission with approval of Council may issue a conditional zoning certificate for a use listed herein provided such use conforms to the conditions, standards and requirements of Chapter 1141 and is approved for a particular zoning lot in accordance with the administrative provisions of Chapter 1163.

   (a)   Public utility rights-of-way and pertinent structures.

   (b)   Governmentally owned and operated service and maintenance facilities.

   (c)   Gas and oil wells.

   (d)   Outdoor bulk storage of materials to be used in the operation of the principal use, including contractor's equipment storage yard or plant, or storage and rental of equipment commonly used by contractors and building materials sales yard.

   (e)   Other manufacturing uses which are not injurious, obnoxious or offensive by reason of emission of waste water, odor, dust, fumes, vibration, smoke, gas or noise and which do not involve the manufacture, processing, fabrication or distribution of explosives, the slaughtering of animals, or stockyards.

   (f)   Veterinary offices and animal clinics.

(Ord. 3-95. Passed 1-17-95)

   Buildings, structures and uses permitted in the I-1 District shall be constructed and located on a lot in compliance with the following area and height regulations.

   (a)   Minimum Lot Area. 20,000 square feet.

   (b)   Minimum Lot Width at Minimum Building Setback Line. 80 feet.

   (c)   Minimum Lot Width at Street Right-of-Way. 80 feet.

   (d)   Minimum Yard Requirements. Each lot shall maintain the following minimum front, rear and side yards which shall be unobstructed by any structure except as otherwise provided in this Chapter.

      (1)   Minimum Front Yard Depth. 50 feet, unless otherwise established on the Municipal Setback Map. The Municipal Setback Map shall have priority.

      (2)   Minimum Rear Yard Depth. 25 feet.

      (3)   Minimum Side Yard Depth. 25 feet.

      (4)   Minimum Yard Depth Adjacent to Residential District. When a rear or side yard is adjacent to a residential district, such rear or side yard shall have a minimum depth of 50 feet.

   (e)   Minimum Parking Setback. Off-street surface parking areas, including circulation aisles and driveways, may be located in the required yard established in Subsection (d) above provided such areas are located in compliance with the following setback standards as measured from the respective lot line:

      (1)   Setback from Front Lot Line. 50 feet.

      (2)   Setback from Rear Lot Line. 10 feet.

      (3)   Setback from Side Lot Line. 10 feet.

      (4)   Setback from Lot Line Adjacent to Residential District. When a rear or side lot line is adjacent to a Residential District, the minimum parking setback, including circulation aisles and driveways, from such lot line shall be 25 feet.

   (f)   Minimum Building Floor Area. 1,200 square feet.

   (g)   Height Regulations. The maximum building height shall be 40 feet, unless a greater height is conditionally approved by the Planning Commission and Council.

   (h)   Parking and Loading Requirements. Off-street parking spaces and loading areas shall comply with the regulations of Chapter 1143.

(Ord. 3-95. Passed 1-17-95)

   Accessory uses, buildings and structures shall comply with the following regulations.

   (a)   Accessory Buildings. Accessory buildings shall comply with the development standards established for principal buildings and uses in Section 1133.04.

   (b)   Accessory Structures. Accessory structures including dumpsters shall be located in the rear yard, setback from a side and rear lot line a minimum of 10 feet, except 25 feet adjacent to a Residential District. Accessory structures, including mechanical equipment, which are located on the roof of a building shall either be located in a manner that such structure is not visible from the front lot line or shall be enclosed in a structure that matches the materials of the building or shall be covered or painted to blend with the building.

(Ord. 3-95. Passed 1-17-95)

   Landscape buffers and visual screening shall be provided on each lot in compliance with the following standards in order to reduce the impact between incompatible uses or zones, to break up and lessen the impact of large parking areas, to provide interest and lessen the monotony of the streetscape, to obscure the view of accessory uses and to provide protection from soil erosion.

   (a)   Landscaping and Maintenance of Yards. Required yards and all other portions of the lot not covered by permitted structures shall be landscaped with grass, trees, shrubbery and/or other appropriate ground cover or landscaping material, which at all times shall be maintained in good and healthy condition.

   (b)   Screening of Accessory Uses. Outdoor storage of goods, supplies or equipment used in the operation of the establishment when permitted, and dumpsters and loading areas shall be screened by an opaque fence or wall a minimum of six feet in heights placed adjacent to the dumpster, storage or loading area so as to effect screening from any adjacent streets and any adjoining properties.

   (c)   Screening and Landscaping of Parking Lots. Perimeter and interior landscaping of parking lots shall be provided in accordance with the regulations set forth in Sections 1143.07(h) and 1143.07(i).

   (d)   Screening when Lot Abuts a Residential District. Where any structure is to be built or altered by expansion or diminution within the I-1 District and the lot upon which such structure is to be built is contiguous to either an R-1, R-2, R-3 or R-4 District, parking and driveway areas shall be screened in accordance with the following regulations, and shall be approved as part of the site plan required by Section 1163.03(c).

      (1)   Screening shall consist of one or a combination of the following:

         A.   A dense vegetative planting incorporating trees and/or shrubs of a variety which shall be equally effective in winter and summer.

         B.   A nonliving opaque structure such as a solid masonry wall, solidly constructed decorated fence, or louvered fence.

         C.   A landscaped mound or berm.

      (2)   The height of screening shall be in accordance with the following:

         A.   Visual screening, walls, fences, or mounds and fences in combination shall be a minimum of six feet high in order to accomplish the desired screening effect.

         B.   Vegetation shall be planted with such minimum height to assure that the required six feet high screening effect shall be achieved not later than twelve months after the initial installation.

      (3)   All screening shall be free of advertising or other signs, except for directional signs and other signs for the efficient flow of vehicles.

      (4)   The required landscaping shall be maintained in healthy condition by the current owner and replaced when necessary. Replacement material shall conform to the original intent of the landscaped plan.

(Ord. 3-95. Passed 1-17-95)

   Any new construction of a use permitted or conditionally permitted in this district or any existing or previously approved development which proposes to expand the floor area or any change in use which requires a modification in the amount of parking or the site's circulation shall require submission and approval of a site plan pursuant to Chapter 1163.03.

(Ord. 3-95. Passed 1-17-95)

   The T-C Town Center District is established to achieve the following objectives:

   (a)   To encourage a compact commercial center that fosters pedestrian activity.

   (b)   To encourage new retail, office and service activities to locate in a centralized area and create an attractive commercial environment.

   (c)   To allow existing industrial parcels to continue to be occupied for industrial uses.

   (d)   To ensure that expanded industrial development is compatible with surrounding land uses.

   (e)   To allow multi-family development as a conditional use on the rear portion of lots to serve as a transitional use between lower density residential uses and non-residential uses.

(Ord. 3-95. Passed 1-17-95)

   The categories of uses permitted by right in the T-C District are the following provided all activities associated with a permitted use shall be conducted entirely within an enclosed building.

   (a)   Administrative and business office uses engaged in general administration, management, supervision, purchasing and accounting, including non-profit organizations.

   (b)   Professional office uses engaged in providing professional services to the public including non-profit organizations.

   (c)   Medical offices.

   (d)   Banks and other financial establishments without drive-thru.

   (e)   Retail in wholly enclosed buildings.

   (f)   Personal services including shoe repair, dressmakers shop, hair care, tanning salon, coin-operated laundry and dry-cleaning counter outlets.

   (g)   Restaurant without drive-thru.

   (h)   Miscellaneous business services such as advertising agencies, mailing establishments, employment agencies, carpet cleaning, exterminator, equipment rental and leasing.

   (i)   Studios for instruction such as art, dance, exercise, et al.

   (j)   Governmentally owned and operated office facilities.

   (k)   Parking lot as a principal use.

   (l)   Temporary buildings or uses for purposes incidental to construction.

   (m)   Laboratories and research facilities.

   (n)   The following uses shall be permitted to occupy or reoccupy a building that was occupied by an industrial use at the time this amendment was adopted provided such industrial occupancy was recorded by the Zoning Inspector. No new building construction for an industrial use, or reoccupancy by an industrial use of a structure that was not occupied by an industrial use at the time this amendment was adopted, shall be permitted.

      (1)   Light manufacturing and assembly of canvas products, such as tents and awnings, glass and optical products (optical laboratory), jewelry, clocks and watches, scientific instruments (including electronics), sporting goods, toys and novelties, plastics, electrical equipment and industrial electronics, and light manufacturing and mold making (limited to 5-10 ton capacity).

      (2)   Assembly of metal, paper, plastic, textile, wood and rubber products.

      (3)   Shops for carpentry, heating and plumbing repair and service, roofing, sheet metal, signs.

      (4)   Dry cleaning and laundry plants.

      (5)   Printing and publishing.

      (6)   Machine shop.

      (7)   Manufacturing and processing of food and pharmaceutical products.

      (8)   Packaging of products.

   (o)   Accessory building incidental to the principal use which does not include any activity conducted as a business.

   (p)   Signs, as regulated by Chapter 1145.

(Ord. 3-95. Passed 1-17-95)

   The Planning Commission with approval of Council may issue a conditional zoning certificate for a use listed herein provided such use conforms to the conditions, standards and requirements of Chapter 1141 and is approved for a particular zoning lot in accordance with the administrative provisions of Chapter 1163.

   (a)   Multi-family dwelling units.

   (b)   Medical clinics including urgent care.

   (c)   Automated teller machines.

   (d)   Any business establishment selling or serving alcoholic beverages for consumption on or off premises.

   (e)   Bars, taverns, nightclubs.

   (f)   Drive-thru, drive-in or drive-up facility in association with a permitted or conditionally permitted use.

   (g)   Gasoline service station, with or without associated convenience retail store.

   (h)   Membership sports/fitness club.

   (i)   Motion picture theater.

   (j)   Indoor and outdoor commercial recreation.

   (k)   Public utility rights-of-way and pertinent structures.

   (l)   Conversion of residential structures.

   (m)   Child care center.

   (n)   Expansion of a permitted industrial use.

(Ord. 3-95. Passed 1-17-95)

   Buildings, structures and uses permitted in the T-C District shall be constructed and located on a lot in compliance with the following area and height regulations.

   (a)   Minimum Lot Area. 20,000 square feet.

   (b)   Minimum Lot Width at Minimum Building Setback Line. 80 feet.

   (c)   Minimum Lot Width at Street Right-of-Way. 80 feet.

   (d)   Minimum Yard Requirements. Each lot shall maintain the following minimum front, rear and side yards which shall be unobstructed by any structure except as otherwise provided in this Chapter.

      (1)   Minimum Front Yard Depth: 35 feet from the SR 91 right-of-way, and 25 feet from all other street rights-of-way.

      (2)   Minimum Rear Yard Depth: 10 feet unless adjacent property owners enter into a joint development, in which case, a rear yard shall not be required.

      (3)   Minimum Side Yard Depth: 10 feet unless adjacent property owners enter into a joint development, in which case, a side yard shall not be required.

      (4)   Minimum Yard Depth Adjacent to Residential District: When a rear or side yard is adjacent to a residential district, such rear or side yard shall have a minimum depth of 25 feet plus one foot of additional yard depth for every foot of building height greater than 25 feet.

   (e)   Minimum Parking Setback. Off-street surface parking areas, including circulation aisles and driveways, may be located in the required yard established in subsection (d) above provided such areas are located in compliance with the following setback standards as measured from the respective lot line:

      (1)   Setback from Front Lot Line: 30 feet from a front lot line adjoining the Main Street (S.R. 91) right-of-way, 20 feet from all other front lot lines.

      (2)   Setback from Rear Lot Line: 10 feet unless adjacent property owners enter into a joint development and the on-site circulation and parking between the two or more lots are properly designed, in which case a setback from the rear lot line shall not be required.

      (3)   Setback from Side Lot Line: 10 feet unless adjacent property owners enter into a joint development and the on-site circulation and parking between the two or more lots are properly designed, in which case a setback from the side lot line shall not be required.

      (4)   Setback from Lot Line Adjacent to Residential District: When a rear or side lot line is adjacent to a Residential District, the minimum parking setback, including circulation aisles and driveways, from such lot line shall be 25 feet.

   (f)   Minimum Building Floor Area. 1,200 square feet.

   (g)   Height Regulations. The maximum building height shall be 40 feet unless a greater height is conditionally approved by Planning Commission and Council.

   (h)   Parking and Loading Requirements. Off-street parking spaces and loading areas shall comply with the regulations of Chapter 1143.

(Ord. 3-95. Passed 1-17-95)

   Accessory uses, buildings and structures shall comply with the following regulations.

   (a)   Accessory Buildings. Accessory buildings shall comply with the development standards established for principal buildings and uses in Section 1137.04.

   (b)   Accessory Structures. Accessory structures including dumpsters shall be located in the rear yard, setback from a side and rear lot line a minimum of 10 feet, except 25 feet adjacent to a Residential District. Accessory structures, including mechanical equipment, which are located on the roof of a building shall either be located in a manner that such structure is not visible from the front lot line or shall be enclosed in a structure that matches the materials of the building or shall be covered or painted to blend with the building.

(Ord. 3-95. Passed 1-17-95)

   Landscape buffers and visual screening shall be provided on each lot in compliance with the following standards in order to reduce the impact between incompatible uses or zones, to break up and lessen the impact of large parking areas, to provide interest and lessen the monotony of the streetscape, to obscure the view of accessory uses and to provide protection from soil erosion.

   (a)   Landscaping and Maintenance of Yards. Required yards and all other portions of the lot not covered by permitted structures shall be landscaped with grass, trees, shrubbery and/or other appropriate ground cover or landscaping material, which at all times shall be maintained in good and healthy condition.

   (b)   Screening of Accessory Uses. Dumpsters and loading areas shall be screened by an opaque fence or wall a minimum of six feet in height placed adjacent to the dumpster or loading area so as to effect screening from any adjacent streets and any adjoining properties.

   (c)   Screening and Landscaping of Parking Lots. Perimeter and interior landscaping of parking lots shall be provided in accordance with the regulations set forth in Sections 1143.07(h) and 1143.07(i).

   (d)   Screening when Lot Abuts a Residential District. Where any structure is to be built or altered by expansion or diminution within the T-C District and the lot upon which such structure is to be built is contiguous to either an R-1, R-2, R-3 or R-4 District, parking and driveway areas shall be screened in accordance with the following regulations, and shall be approved as part of the site plan required by Section 1163.03(c).

      (1)   Screening shall consist of one or a combination of the following:

         A.   A dense vegetative planting incorporating trees and/or shrubs of a variety which shall be equally effective in winter and summer.

         B.   A nonliving opaque structure such as a solid masonry wall, solidly constructed decorated fence, or louvered fence.

         C.   A landscaped mound or berm.

      (2)   The height of screening shall be in accordance with the following:

         A.   Visual screening, walls, fences, or mounds and fences in combination shall be a minimum of six feet high in order to accomplish the desired screening effect.

         B.   Vegetation shall be planted with such minimum height to assure that the required six feet high screening effect shall be achieved not later than twelve months after the initial installation.

      (3)   All screening shall be free of advertising or other signs, except for directional signs and other signs for the efficient flow of vehicles.

      (4)   The required landscaping shall be maintained in healthy condition by the current owner and replaced when necessary. Replacement material shall conform to the original intent of the landscaped plan.

(Ord. 3-95. Passed 1-17-95)

   Any new construction of a use permitted or conditionally permitted in this district or any existing or previously approved development which proposes to expand the floor area or any change in use which requires a modification in the amount of parking or the site's circulation shall require submission and approval of a site plan pursuant to Chapter 1163.03.

(Ord. 3-95. Passed 1-17-95)

   The P Park District is established to provide for the proper zoning control of public park land to ensure its preservation and protection for its recreational, aesthetic, and environmental benefits to the community and to ensure that the uses of such park lands remain compatible with the adjacent areas.

(Ord. 3-95. Passed 1-17-95)

   The categories of uses permitted by right in the P Park District, provided that all requirements of other City ordinances and this Zoning Code have been met, are the following:

   (a)   Public parks, playgrounds, and active recreation areas provided that the minimum area devoted to open space shall be seventy-five percent (75%) of the total land area within the boundaries of the Park District. Areas considered to be open space shall not include paved areas such as parking lots, circulation aisles, driveways, swimming pools, structures such as picnic shelters and restrooms, and any active recreation area where the erection of structures is required such as fenced-in playgrounds, tennis courts, basketball courts and ballfields with backstops, fences, and/or bleachers.

   (b)   Public open space.

   (c)   Accessory uses provided such uses are incidental to the principal use and do not include any activity conducted as a business. Such uses must be situated on the same lot as the principal building. Accessory uses include, but are not limited to, the following:

      (1)   Picnic pavilions and other similar buildings.

      (2)   Off-street parking as regulated by Chapter 1143.

      (3)   Storage buildings, restrooms and other maintenance facilities.

      (4)   Fences.

   (d)   Signs, as regulated by Chapter 1145.

(Ord. 3-95. Passed 1-17-95)

   The Planning Commission with approval of Council may issue a conditional zoning certificate for a use listed herein provided such use conforms to the conditions, standards and requirements of Chapter 1141 and is approved for a particular zoning lot in accordance with the administrative provisions of Chapter 1163.

   (a)   Public parks, playgrounds and active recreation areas that have less than seventy-five percent (75%) open space as defined in 1139.02(a).

   (b)   Public indoor recreation or entertainment facility.

   (c)   Public outdoor recreation or entertainment facility that requires the use of loudspeakers or facility lighting which exceeds normal security requirements.

   (d)   Ancillary concession stands selling food, beverages and/or other similar items to park patrons.

(Ord. 3-95. Passed 1-17-95)

   Buildings, structures and uses permitted in the P District shall be constructed and located on a lot in compliance with the following area, yard and height regulations.

   (a)   Minimum Lot Area: Uses requiring one or more buildings and/or parking areas shall have a minimum lot area not less than the area required to accommodate the principal and accessory buildings and uses, on-site circulation, off-street parking, required yards, and required minimum open space area.

   (b)   Yard Requirements: Each lot shall maintain the following minimum front, rear and side yards which shall be unobstructed by any structure or active recreation area except as otherwise provided in this Chapter.

      (1)   Minimum Front Yard Depth: 50 feet.

      (2)   Minimum Rear Yard Depth: 25 feet.

      (3)   Minimum Side Yard Width: 25 feet.

      (4)   A playground structure or picnic shelter shall be located no closer to a front, side or rear lot line than a distance equal to its height.

      (5)   Minimum Yard Depth Adjacent to Residential District: When a rear or side yard is adjacent to a residential district, such rear or side yard shall have a minimum depth of 50 feet.

   (c)   Minimum Parking Setback: Off-street parking areas including circulation aisles and driveways may be located in a required yard established in subsection (b) above provided such areas are located in compliance with the following setback standards as measured from the respective lot line:

      (1)   Setback from Front Lot Line: 20 feet.

      (2)   Setback from Rear Lot Line: 10 feet.

      (3)   Setback from Side Lot Line: 10 feet.

      (4)   Setback from Lot Line Adjacent to Residential District: When a rear or side lot line is adjacent to a Residential District, the minimum parking setback, including circulation aisles and driveways, from such lot line shall be 25 feet.

   (d)   Height Regulations: The maximum building height shall be 40 feet unless a greater height is conditionally approved by the Planning Commission and Council.

(Ord. 3-95. Passed 1-17-95)

   Security lighting of recreational facilities, buildings and parking areas shall be located and designed so as to shield the light source from adjoining residences.

(Ord. 3-95. Passed 1-17-95)