Zoneomics Logo
search icon

New Lebanon City Zoning Code

OR-1 OFFICE/RESIDENTIAL

DISTRICT

§ 152.070 INTENT.

   This district has been established to provide for areas in which a mixture of residential, small-scale office, and professional service establishments are desired. It is intended that this district be used for transition areas between established residential neighborhoods and non-residential uses and for areas along major thoroughfares. It is also intended that the appearance and character of such areas be compatible with residential areas and the conduct of uses within this district not generate a great amount of traffic and noise detrimental to adjoining residential neighborhoods.
('80 Code, § 152.070) (Ord. 94-14, passed 7-5-94)

§ 152.071 PRINCIPAL PERMITTED USES.

   (A)   Single-family dwelling.
   (B)   Two-family dwelling.
   (C)   Home occupation operated in accordance with the provisions of this district rather than those set forth for residential districts, including a bed and breakfast operation.
   (D)   Barber and/or beauty shop.
   (E)   Child care nursery as regulated in § 152.199.
   (F)   Places of worship.
   (G)   Professional service office, such as a physician, surgeon, dentist, lawyer, accountant, architect, engineer, insurance and/or real estate agent, and/or a member of a similar profession.
   (H)   Publicly owned and operated building or facility, the location of which has been fixed by studies. No outside storage or stockpiling of materials shall be permitted.
   (I)   Public park, playground, and/or community center.
   (J)   Schools and colleges for academic instruction.
('80 Code, § 152.071) (Ord. 94-14, passed 7-5-94)

§ 152.072 ACCESSORY USES.

   (A)   Accessory uses, buildings, or other structures customarily incidental to any of the foregoing permitted uses.
   (B)   Temporary buildings for uses incidental to construction work, which buildings shall be removed on the completion or abandonment of the construction work.
   (C)   Home occupation operated in accordance with the provisions of this district rather than those set forth for residential districts, including bed and breakfast operation.
   (D)   Off-street parking and loading, as regulated in §§ 152.225 through 152.237.
   (E)   Accessory signs as regulated in §§ 152.205 through 152.222.
('80 Code, § 152.072) (Ord. 94-14, passed 7-5-94)

§ 152.073 CONDITIONAL USES.

   The following conditional uses shall be permitted only after approval in accordance with § 152.016.
   (A)   Community-oriented residential social service facility, as regulated in § 152.200.
   (B)   Shared housing and congregate housing, as regulated in § 152.201.
('80 Code, § 152.073) (Ord. 94-14, passed 7-5-94)

§ 152.074 REQUIRED CONDITIONS.

   (A)   No zoning certificate shall be issued for a use within the OR-1 District, until the applicant shall have certified to the Zoning Inspector that:
      (1)   Business activity will be conducted wholly within a completely enclosed building;
      (2)   The business establishment shall not offer goods, service, food, or beverages or make sales directly to customers in automobiles;
      (3)   All business shall be of a professional service character;
      (4)   No manufacturing, processing, packaging, repair, or treatment of goods shall be carried on;
      (5)   Exterior lighting shall be shaded wherever necessary to avoid casting direct light on any other property or on any public street;
      (6)   All premises shall be furnished with all-weather hard surface walks of a material such as bituminous or portland cement concrete, wood, tile, terrazzo, or similar material, and, except for parking areas, the grounds shall be planted and landscaped;
      (7)   (a)   Where the property lines separate a business from a residence, a visual and mechanical barrier, a minimum of four feet in height, shall be provided along the common lot line, and not closer to the right-of-way line than the set back line, which may consist of any of the following:
            1.   An evergreen hedge used with a chain link fence. Such hedge shall not be less than three feet in height;
            2.   A solid fence of a nondeteriorating material; or
            3.   Masonry wall;
         (b)   Along the common lot line and within the area from the right-of-way line to the set back line, a visual and mechanical barrier a height of three feet and consisting of an evergreen hedge or shrub shall be provided;
      (8)   No noise from any operation conducted on the premises, either continuous or intermittent, shall violate the provisions of §§ 152.240 through 152.245;
      (9)   No emission of toxic or noxious matter, which is injurious to human health, comfort, or enjoyment of life and property or to animal or plant life shall be permitted. Where such emissions could be produced as a result of accident or equipment malfunction, adequate safeguards considered suitable for safe operation in the business involved shall be taken;
      (10)   The emission of smoke or other air pollutants shall not violate the standards and regulations of the Montgomery County Combined General Health District. Dust and other types of air pollution borne by the wind shall be kept to a minimum by appropriate landscaping, paving, or other acceptable means;
      (11)   There will be no emission of odors or odor-causing substances which can be detected without the use of instruments at or beyond the lot lines;
      (12)   There will be no vibration which can be detected without the use of instruments at or beyond the lot lines;
      (13)   Any non-residential building shall front on to a collector or arterial street with a right-of-way of 60 feet or more, as established on the official thoroughfare plan for the village;
      (14)   The office establishment shall be conducted principally in daylight hours and shall not create a nuisance from noise, smoke, or odor;
      (15)   No alteration of a residential structure shall be made which changes the essential appearance thereof as a dwelling; and
      (16)   Any new construction shall have an essential appearance compatible with the scale and character of residential structures in the area.
   (B)   Failure to comply with any of the required conditions by property owners or users will be considered a zoning violation appropriate for prosecution under the terms of this zoning code.
('80 Code, § 152.074) (Ord. 94-14, passed 7-5-94) Penalty, see § 152.999

§ 152.075 DEVELOPMENT STANDARDS.

   In addition to provisions of §§ 152.163 through 152.245, the standards in §§ 152.076 through 152.079 for arrangement and development of land and buildings are required in the OR-1 Office/Residential District.
('80 Code, § 152.075) (Ord. 94-14, passed 7-5-94) Penalty, see § 152.999

§ 152.076 HEIGHT REGULATIONS.

   No structure shall exceed 35 feet in height.
('80 Code, § 152.076) (Ord. 94-14, passed 7-5-94) Penalty, see § 152.999

§ 152.077 LOT AREA, FRONTAGE, AND YARD REQUIREMENTS.

   The following minimum requirements shall be observed for all uses within the OR-1 Office/Residential District:
   (A)   Lot area: 7,500 square feet;
   (B)   Lot frontage: 60 feet;
   (C)   Front yard depth: 25 feet (the front yard depth shall be measured from the established right-of-way lines as shown on the official thoroughfare plan for the village and shall not be less than 35 feet along any major thoroughfare);
   (D)   Side yards:
      (1)   Least width: 6 feet;
      (2)   Total width: 15 feet; and
   (E)   Rear yard depth: 40 feet
('80 Code, § 152.077) (Ord. 94-14, passed 7-5-94) Penalty, see § 152.999

§ 152.078 MAXIMUM LOT COVERAGE.

   The maximum lot coverage shall be 40% of lot area.
('80 Code, § 152.078) (Ord. 94-14, passed 7-5-94) Penalty, see § 152.999

§ 152.079 MAXIMUM FLOOR AREA RATIO.

   The maximum floor area ratio shall be 0.45.
('80 Code, § 152.079) (Ord. 94-14, passed 7-5-94) Penalty, see § 152.999