New Lexington City Zoning Code

TITLE THREE

Zoning Districts and Requirements

1123.01 REGULATION OF THE USES OF LAND OR STRUCTURES.

Regulations pertaining to the use of land and/or structures and the physical development thereof within each of the zoning districts as established in Section 1125.01, are hereby established and adopted. (Ord. 07-8. Passed 3-19-07.)

1123.02 RULES OF APPLICATION.

(a) Identification of Uses. Listed uses are to be defined by their customary name or identification, except as specifically defined or limited in this Ordinance.

(b) Permitted Uses.

(1) Only a use designated as permitted shall be allowed as a matter of right in any zoning district, and any use not so designated shall be prohibited unless:

A. A permitted use may be added to a zoning district by formal amendment, in conformance with Chapter 1111.

B. An unlisted use may be determined by the Board of Zoning Appeals to be a similar use, pursuant to subsection (e) hereof.

(2) No more than one (1) permitted use shall exist on any one zoned lot.

(c) Accessory Uses. An accessory use or structure is a subordinate use or structure clearly incidental and secondary to the principal permitted building or use, and located on the same lot with such principal building or use. Accessory uses or structures shall be allowed in accordance with the specific district regulations, and the requirements of Chapter 1155.

(d) Conditional Uses. A use designated as a conditional use shall be allowed in the zoning district where the designation occurs, when such use, its location, extent and method of development will not substantially alter the character of the vicinity, or unduly interfere with or adversely impact the use of adjacent lots. To this end, the Board of Zoning Appeals shall, in addition to the development standards for the specific district, set forth additional requirements as will render the conditional use compatible with existing and future use of adjacent lots in the vicinity, in accordance with Chapter 1107.

(e) Similar Uses. Determination as to whether a use is similar to uses permitted by right shall be considered as an expansion of use regulations of the district and not as a variance applying to a particular situation. Any use found similar shall thereafter be considered as a permitted use in that district.

Applications for zoning permits for uses not specifically listed in the permitted building or use classifications of the zoning district, which the applicant feels qualify as a similar use under the provisions of this Section, shall be submitted to the Board of Zoning Appeals.

Within thirty (30) days after such submittal, the Board of Zoning Appeals shall determine whether the requested use is similar to those uses permitted in the specific district. In order to find that a use is similar, the Board of Zoning Appeals shall find that all of the following conditions exist:

(1) Such use is not listed as a permitted or conditional use in another zoning district.

(2) Such use conforms to basic characteristics of the district to which it is to be added and is more appropriate to it than to any other district.

(3) Such use creates no danger to health and safety, creates no offensive noise, vibration, dust, heat, smoke, odor, glare, or other objectionable influences, and does not create traffic congestion to an extent greater than normally resulting from uses listed in the classification to which it is added.

(f) Development Standards. Development standards set forth shall be the minimum allowed for uses permitted in that district. If development standards are in conflict with requirements of any other lawfully adopted rule, regulation, or law, the most restrictive standard shall govern.

(g) Development Plan. For particular uses in specific districts, a Development Plan will be cited as required. In such cases, the applicant shall submit the Development Plan at the time of the application for a zoning permit. The Development Plan shall contain a site plan for the property, drawn to approximate scale, showing all property lines and building outlines, access drives, parking areas, and other notable physical features. The Development Plan shall also show the size, design, materials and location of all signage proposed for the development. The Development Plan shall contain a narrative description of the proposed use, and how such use will impact adjacent residential property.

The Development Plan shall be reviewed by the Planning Commission and must be approved as a condition for the issuance of a zoning permit. In approving a Development Plan, the Planning Commission shall find that the following criteria have been met:

(1) The proposed building or use shall have sufficient yard space to provide for adequate parking and screening of adjacent residential areas in accordance with this chapter (refer to Chapter 1157).

(2) The Development Plan for the proposed facility has incorporated measures to lessen and/or alleviate adverse impacts on adjacent residential areas and to protect the residential character of such areas.

(3) The location, design and operation of the proposed use shall not impose undue adverse impacts on surrounding residential neighborhoods.

(h) Essential Services. Essential Services, as defined and specified in Chapter 1105, shall be permitted in any and all zoning districts within the City.

(Ord. 07-8. Passed 3-19-07.)

1125.01 ZONING DISTRICTS ESTABLISHED.

The following zoning districts are hereby established for the City of New Lexington:

R1 - Residential One District

R2 - Residential Two District

R3 - Residential Three District

CBD - Central Business District

COM - Commercial District

IND - Industrial District

PUD - Planned Unit Development

(Ord. 07-8. Passed 3-19-07.)

1125.02 OFFICIAL ZONING DISTRICT MAP.

The districts established in Section 1125.01 are shown on the Official Zoning District Map, which together with all notations, references, data, district boundaries and other explanatory information, are hereby adopted as a part of this Ordinance. The Official Zoning District Map shall be identified by the signatures of the Mayor and the Clerk, and shall be on file in the Municipal Building. (Ord. 07-8. Passed 3-19-07.)

1125.03 INTERPRETATION OF ZONING DISTRICT BOUNDARIES.

Except where referenced and noted on the Official Zoning District Map by a designated line and/or dimensions, the district boundary lines are intended to follow property lines, lot lines, center lines of streets, alleys, streams and/or railroads as they existed at the time of passage of this Ordinance. The Zoning Inspector shall interpret the boundary lines from the Official Zoning District Map. When and if the Zoning Inspector’s interpretation of such boundary line is disputed, the final interpretation authority shall rest with the Board of Zoning Appeals.

(Ord. 07-8. Passed 3-19-07.)

1125.04 NEWLY ANNEXED AREAS.

Territory, which is annexed into the City of New Lexington subsequent to the effective date of this Ordinance, shall, upon the effective date of the annexation, be zoned into the R1 District. Within three (3) months from the date of annexation, the Planning Commission shall present a zoning plan for the annexed territory to the City Council. City Council may hold a public hearing on the proposed zoning plan, as recommended by the Planning Commission. After said hearing, City Council shall approve, or approve with modification, the zoning plan. However, nothing in this Section shall prevent the owner of property within the annexed territory from applying for a zoning amendment, after the effective date of annexation, pursuant to the procedures specified in Chapter 1111.

(Ord. 07-8. Passed 3-19-07.)

1127.01 PURPOSE.

The Residential One District is established to provide for low density single family residential development at densities typical of contemporary suburban environments.

(Ord. 07-8. Passed 3-19-07.)

1127.02 PERMITTED USES.

One-family detached dwellings.

(Ord. 07-8. Passed 3-19-07.)

1127.03 ACCESSORY USES.

(a) Accessory buildings or structures customarily associated with single-family residential use, including detached garages or carports, tool or garden sheds, playhouses, swimming pools and tennis courts and similar facilities for primary use by occupants of the principal use of the property on which the facility is located.

(b) Home occupations are prohibited in the Residential One District.

(Ord. 07-8. Passed 3-19-07.)

1127.04 CONDITIONAL USES.

(a) Public parks and open space.

(b) Public playgrounds.

(Ord. 07-8. Passed 3-19-07.)

1127.05 DEVELOPMENT STANDARDS.

(a) Minimum Lot Area. 10,000 square feet.

(b) Minimum Lot Width. For each principal use, there shall be a lot width of not less than sixty-five (65) feet with frontage on a publicly dedicated, improved street or highway. Minimum lot width on a curved street shall be fifty (50) feet.

(d) Minimum Side Yard Width. The minimum side yard width for each lot adjacent to a R1, R2, R3, COM, or CBD lot shall be at least 10 feet. The minimum side yard width for each lot adjacent to an Industrial District lot shall be at least 25 feet.

(e) Minimum Rear Yard Depth. Twenty-five (25) feet from the street right of way or adjacent property line

(f) Minimum Area of Principal Building. All dwellings within the district shall have a minimum area of 1200 square feet of total living area. If the dwelling is of multiple stories, the ground floor must have a minimum of 900 square feet of total living area.

(g) Maximum Percent of Lot Coverage. Twenty-five percent (25%).

(h) Maximum Building Height. Thirty-five (35) feet. See Section 1155.01 for accessory building.

(i) Maximum Density. The density of dwelling units shall not exceed four (4) dwelling units per gross acre and more than one dwelling unit per 1500 square feet.

(Ord. 07-8. Passed 3-19-07.)

1127.06 STREET TREES.

Street trees shall be required along all new streets developed within the R1 District. The spacing of trees along streets shall be not less than thirty (30) feet on center. A minimum of twelve feet (12') of overall height or a minimum caliper (trunk diameter measured six inches above the ground) of at least two inches (2") shall be required.

(Ord. 07-8. Passed 3-19-07.)

1127.07 SIDEWALKS.

Sidewalks of not less than four (4) feet in width shall be required for both sides of all new streets developed within the R1 District and adjacent to all streets on newly developed lots within the R1 District. (Ord. 07-8. Passed 3-19-07.)

1127.08 PROPERTY MAINTENANCE.

No owner of a property or structure in the district shall by willful neglect, fail to provide sufficient and reasonable care, maintenance and upkeep to such property or structure. For the purposes of this Section, maintenance and upkeep shall include keeping exterior surfaces free from debris, garbage, noxious weeds, or free from hazardous objects or conditions such as holes, broken concrete, broken glass, and dead or dying trees or vegetation.

(Ord. 07-8. Passed 3-19-07.)

1129.01 PURPOSE.

The Residential Two District is established to provide for medium density single family residential development.

(Ord. 07-8. Passed 3-19-07.)

1129.02 PERMITTED USES.

One-family detached dwellings.

(Ord. 07-8. Passed 3-19-07.)

1129.03 ACCESSORY USES.

(b) Home occupations, subject to the requirements of Section 1155.04.

(Ord. 07-8. Passed 3-19-07.)

1129.04 CONDITIONAL USES.

(a) Public parks.

(b) Public playgrounds.

(d) Schools.

(Ord. 07-8. Passed 3-19-07.)

1129.05 DEVELOPMENT STANDARDS.

(a) Minimum Lot Area. 10,000 square feet.

(b) Minimum Lot Width. Fifty (50) feet

(d) Minimum Side Yard Width. The minimum side yard width for each lot adjacent to a R1, R2, or R3 lot shall be at least 5 feet. The minimum side yard width for each lot adjacent to a COM or CBD lot shall be at least 10 feet. The minimum side yard width for each lot adjacent to an Industrial District lot shall be at least 25 feet.

(e) Minimum Rear Yard Depth. Twenty-five (25) feet from street right of way or adjacent property line.

(f) Minimum Area of Principal Building. All dwellings within the district shall have a minimum area of 1000 square feet of total living area. If the dwelling is of multiple stories, the ground floor must have a minimum of 750 square feet of total living area.

(g) Maximum Percentage of Lot Coverage. Thirty-five percent (35%).

(h) Maximum Building Height. Thirty-five (35) feet. See Section 1155.01 for accessory buildings.

(i) Maximum Density. The density of dwelling units shall not exceed eight (8) dwelling units per gross acre and more than one dwelling unit per 1500 square feet.

(Ord. 07-8. Passed 3-19-07.)

1129.06 STREET TREES.

Street trees shall be required along all new streets developed within the district. The spacing of trees along streets shall be not less than thirty (30) feet on center. A minimum of twelve feet (12') of overall height or a minimum caliper (trunk diameter measured six inches above the ground) of at least two inches (2") shall be required.

(Ord. 07-8. Passed 3-19-07.)

1129.07 SIDEWALKS.

Sidewalks of not less than four (4) feet in width shall be required for both sides of all new streets developed within the district and adjacent to all streets on newly developed lots within the district. (Ord. 07-8. Passed 3-19-07.)

1129.08 PROPERTY MAINTENANCE.

(Ord. 07-8. Passed 3-19-07.)

1131.01 PURPOSE.

The Residential Three District is established to provide for high density single, double, and multiple family residential developments.

(Ord. 07-8. Passed 3-19-07.)

1131.02 PERMITTED USES.

(a) Single family detached dwellings.

(b) Two-family detached dwellings.

(Ord. 07-8. Passed 3-19-07.)

1131.03 ACCESSORY USES.

(b) Home occupations, subject to the requirements of Section 1155.04.

(Ord. 07-8. Passed 3-19-07.)

1131.04 CONDITIONAL USES.

(a) Public parks.

(b) Public playgrounds.

(d) Schools.

(e) Retail stores primarily engaged in selling merchandise for personal or household consumption including:

(1) Food and food products, consisting of grocery, meat, fish, fruit or vegetable markets or combinations thereof.

(2) General merchandise, including limited price variety stores and other similar stores selling a variety of general merchandise.

(3) Similar retail stores, such as: pharmacies, hardware, floral shops, and gift and novelty stores, etc.

(Ord. 07-8. Passed 3-19-07.)

1131.05 DEVELOPMENT STANDARDS.

(a) Minimum Lot Area. The minimum lot area for a lot upon which a single family or a two family residence is located shall be 10,000 square feet. The minimum lot area for a lot upon which a multiple family residence is located shall be 5,500 square feet.

(b) Minimum Lot Width. The minimum lot width for a lot upon which a single family residence is located shall be fifty (50) feet. The minimum lot width for a lot upon which a two family or multiple family residence is located shall be thirty (30) feet.

(e) Rear Yard Depth. Twenty-five (25) feet

(f) Minimum Area of Principal Building. No dwelling shall have less than 450 square feet of total living area for each dwelling unit. In addition, each structure must have a minimum of 600 square feet of ground floor area.

(g) Maximum Percent of Lot Coverage. Fifty percent (50%).

(h) Maximum Building Height. Sixty (60) feet. See Section 1155.01 for accessory buildings. (Ord. 07-8. Passed 3-19-07.)

1131.06 STREET TREES.

(Ord. 07-8. Passed 3-19-07.)

1131.07 SIDEWALKS.

1131.08 PROPERTY MAINTENANCE.

No owner of a property or structure in the district shall by willful neglect, fail to provide sufficient and reasonable care, maintenance and upkeep to such property or structure. For the purposes of this section, maintenance and upkeep shall include keeping exterior surfaces free from debris, garbage, noxious weeds, or free from hazardous objects or conditions such as holes, broken concrete, broken glass, and dead or dying trees or vegetation.

(Ord. 07-8. Passed 3-19-07.)

1137.01 PURPOSE.

The purpose of the Central Business District is to promote and foster the economic and physical revitalization of downtown New Lexington. The standards and requirements of the CBD District are based on the following principles:

(a) The downtown should contain a healthy mix of land uses. The marketplace, not regulations, should be the primary force driving the mix of downtown uses.

(b) The downtown should be particularly receptive to small local-based entrepreneurs and start-up businesses.

(c) The maintenance and improvement of the downtown’s physical environment is important in promoting an active and vital business environment.

(d) Development standards and regulations should encourage the adaptive use of older structures. (Ord. 07-8. Passed 3-19-07.)

1137.02 PERMITTED USES.

(a) Administrative and business offices, including:

(1) Insurance agents and brokers and associated services.

(2) Professional, legal, engineering and architectural services, not including the outside storage or equipment.

(3) Accounting, auditing and other bookkeeping services.

(b) Retail stores primarily engaged in selling merchandise for personal or household consumption including:

(1) Food and food products, consisting of grocery, meat, fish, fruit or vegetable markets or combinations thereof.

(2) General merchandise, including limited price variety stores and other similar stores selling a variety of general merchandise.

(3) Similar retail stores, such as: pharmacies, hardware, floral shops, and gift and novelty stores, etc.

(c) Personal Services, involving the care of the person and his/her personal effects, including consumer services generally involving the care and maintenance of tangible property or the provision of tangible services for personal consumption including:

(1) Restaurants and taverns;

(2) Banks, savings and loans, and credit agencies;

(3) Barber and beauty shops;

(4) Self-service laundries and/or dry-cleaning establishments;

(5) Human medical and/or dental clinics;

(6) Funeral services.

(d) Business Services engaged in the providing of services to business establishments on a fee or contract basis, including consulting services, protective services, office equipment rental, lease or purchase, commercial research and development.

(e) Motor vehicle sales and service establishments.

(f) Commercial recreational facilities such as community and public swimming pools, skating rinks, bowling alleys, physical fitness centers.

(g) Hotels and Bed-and-Breakfast Establishments.

(h) Community facilities such as governmental offices, post office, libraries, museums, private schools, and public parks.

(i) Churches and places of public worship.

(j) Off-street parking areas.

(k) Similar uses, which conform to the purpose of the Central Business District, as determined by the Board of Zoning Appeals in accordance with the provisions of Section 1123.02 (e). (Ord. 07-8. Passed 3-19-07.)

1137.03 CONDITIONAL USES.

(a) One-family detached dwellings subject to the development standards of the R1 District.

(b) Two or more family residences, subject to the development standards of the R2 District.

(c) Uses with drive-through facilities, provided a Development Plan is prepared and approved by the Board of Zoning Appeals.

(d) Processing, assembly and/or packaging of products or materials provided such operations are carried out totally within the building, such operations do not produce levels of noise or odors perceptible outside the building, and such use promotes the purpose of the CBD District as stated in Section 1137.01.

(Ord. 07-8. Passed 3-19-07.)

1137.04 DEVELOPMENT STANDARDS.

(a) Lot Area. No minimum lot area is required.

(b) Lot Width. No minimum lot width is required.

(c) Setbacks. The distance between any building or structure and the right-of-way line of any public street shall be not greater than that of the most proximate building on the same side of the street. No minimum side yard setback shall be required, unless the building or structure is located adjacent to the R1 District, in which case the setback shall be twenty (20) feet.

(d) Maximum Building Size. Individual uses within the CBD District shall have a usable floor area of not more than 4,000 square feet, unless the use is located in an existing building, in which case such restriction shall not apply.

(e) Maximum Building Height. Sixty (60) feet.

(f) Manufactured and Modular Buildings. The use of manufactured and/or modular buildings for business purposes shall be prohibited.

(g) Property Maintenance. No owner of a property or structure in the CBD District shall by willful neglect, fail to provide sufficient and reasonable care, maintenance and upkeep to such property or structure. For the purposes of this section, maintenance and upkeep shall include keeping exterior surfaces free from debris, garbage, noxious weeds, or free from hazardous objects or conditions such as holes, broken concrete, broken glass, and dead or dying trees or vegetation.

(h) Trash and Garbage Control. All trash and garbage shall be stored in container systems and shall be located and enclosed to screen it from view.

(i) Signs. One wall sign or canopy sign, not exceeding forty (40) square feet shall be permitted as an accessory use within the CBD District for each business. No other signs shall be permitted. (Ord. 07-8. Passed 3-19-07.)

1139.01 PURPOSE.

The Commercial District is established to provide areas for broad business services and retail activities. (Ord. 07-8. Passed 3-19-07.)

1139.02 PERMITTED USES.

(a) Administrative and business offices, including:

(1) Insurance agents, brokers, and associated services.

(2) Professional, legal, engineering, and architectural services, not including the outside storage of equipment.

(3) Accounting, auditing, and other bookkeeping services.

(b) Retail stores primarily engaged in selling merchandise for personal or household consumption including:

(1) Food and food products, consisting of grocery, meat, fish, fruit or vegetable markets or combinations thereof.

(2) General merchandise, including limited price variety stores and other similar stores selling a variety of general merchandise.

(3) Similar retail stores selling specialty goods, including: drug stores, hardware and home repair goods, gift, and novelty stores, etc.

(c) Personal services, involving the care of the person and his personal effects, including consumer services generally involving the care and maintenance of tangible property or the provision of tangible services for personal consumption including:

(1) Restaurants and taverns.

(2) Banks, savings and loans, and credit agencies.

(3) Barber and beauty shops.

(4) Self-service laundries and dry-cleaning establishments.

(5) Human medical and dental clinics.

(6) Funeral services.

(d) Business services engaged in the providing of services to business establishments on a fee or contract basis, including consulting services, protective services, office equipment rental, lease or purchase, commercial research and development.

(e) Motor vehicle sales and service establishments.

(f) Commercial recreational facilities.

(g) Hotels and bed and breakfast establishments.

(h) Community facilities such as governmental offices, post office, libraries, museums, private schools, and public parks.

(i) Off-street parking areas.

(j) Similar uses, which conform to the purpose of the Commercial District, as determined by the Planning Commission.

(Ord. 07-8. Passed 3-19-07.)

1139.03 CONDITIONAL USES.

(a) Single family residences.

(b) Two family residences.

(d) Uses with drive-through facilities.

(e) Processing, assembling, or packaging of products or materials, provided such operations are carried out totally within the building and such operations do not produce levels of noise or odors perceptible outside the building.

(Ord. 07-8. Passed 3-19-07.)

1139.04 DEVELOPMENT STANDARDS.

(a) Minimum Lot Area. The minimum lot area for a lot upon which a single family residence is located shall be 10,000 square feet. The minimum lot area for a lot upon which a two family or a multiple family residence is located shall be 5,500 square feet.

(c) Minimum Front Yard Depth. The minimum front yard depth for all residential lots in the commercial district shall be thirty-five (35) feet. All other lots shall have a minimum front yard depth of fifteen (15) feet.

(e) Rear Yard Depth. Twenty-five (25) feet

(g) Maximum Percent of Lot Coverage. The maximum amount of the lot that may be covered by residential building is twenty-five (25%) percent. The maximum amount of the lot that may be covered by a non-residential building is sixty (60%) percent.

(h) Maximum Building Height. Sixty (60) feet

(Ord. 07-8. Passed 3-19-07.)

1139.05 STREET TREES.

(Ord. 07-8. Passed 3-19-07.)

1139.06 SIDEWALKS.

1139.07 PROPERTY MAINTENANCE.

(Ord. 07-8. Passed 3-19-07.)

1139.08 TRASH AND GARBAGE CONTROL.

All trash and garbage shall be stored in container systems which are located and enclosed so as to effectively screen them from view.

(Ord. 07-8. Passed 3-19-07.)

1139.09 SALE OF MERCHANDISE OR PRODUCTS OUTSIDE OF A BUILDING.

(a) No person shall display, rent, or sell any merchandise or products on any land within the Municipality except within a permanently constructed building unless a permit for a temporary outdoor sale has been issued by the Zoning Inspector. The sale of nursery stock, or the sale, rental, or leasing of new or used autos, boats, recreational vehicles and equipment, trucks and agricultural or construction equipment and the dispensing of motor fuels shall be exempt when displayed or sold on a premises where such products are normally sold or stocked by a business that is compliant with all applicable zoning district regulations for that type of use.

(b) It is the intent of this section to provide for temporary outdoor sales which are clearly a temporary accessory use to the permanent business activities that are a permitted or conditionally permitted use. The following regulations shall apply to all temporary outdoor sales activities provided such outdoor sales also comply with all applicable Building, Fire, Health or Safety Codes.

(1) Temporary outdoor sales, rentals, leasing, etc., may be permitted within any commercial district upon approval of a temporary outdoor sale permit issued by the City Zoning Inspector or his designated representative. The applicant for the permit must have written permission from the property owner or lessee of the property to conduct the sale on that site and the applicant must submit a current vendor's license or transient vendor's license.

(2) Temporary outdoor sales shall include sidewalk sales, inventory reduction sales, liquidation sales and similar temporary outdoor sales, provided that each sale shall not exceed a maximum of seven consecutive calendar days per event. A total of three such sales events may be held during any year.

(3) Seasonal merchandise sales shall include items such as vegetable plants or flowers, fertilizer, mulch, peat moss, and similar landscape products, lawn and garden equipment such as mowers, snow blowers, wheel barrows and other large lawn/garden equipment and items symbolic of religious, national or traditional holidays such as Christmas trees and wreaths, pumpkins, etc., not to exceed thirty (30) consecutive days per event and not more than 180 calendar days each year.

(c) General Requirements - Temporary Outdoor Sales: The following restrictions shall apply to all temporary outdoor sales activities.

(1) Canopies, stands, tents or similar temporary structures may be utilized, provided they do not impair access to the site by emergency vehicles or the safe and efficient movement of vehicle or pedestrian traffic entering or exiting the site. Such tents or other temporary structures shall not occupy any parking spaces required for the principal business or uses on that site. The minimum required number of off-street parking spaces shall be maintained during the duration of the sale.

(2) Delivery trucks, semi-trailers, etc., storing merchandise or products may not be parked in any required front, side or rear yard setback, and shall not occupy any required off-street parking spaces.

(3) Temporary outdoor sales shall not be permitted in any required front, side or rear yard setback.

(4) Temporary outdoor sales on any unpaved area shall be prohibited.

(5) Temporary outdoor sales shall not occupy any part of the public right of way, except sidewalk sales within the CBD after a temporary outdoor sale permit has been approved by the Zoning Inspector.

(6) Signage related to the sale shall be in compliance with the Sign Code for the appropriate zoning district and shall be allowed only if a temporary sign permit is approved by the Zoning Inspector.

(d) Non-conforming Uses:

(1) Allow 90 days to conform with Code.

(2) Any non-conforming outdoor sales activity established after the effective date of this section shall be declared as an illegal non-conforming use and shall be discontinued no more than twelve hours following the service of a notice of a zoning violation. A second violation within any calendar year shall constitute a misdemeanor of the fourth degree. Each day of operation in violation of this section shall constitute a separate offense.

(e) The fee for a temporary outdoor sale permit shall be ten dollars ($10.00).

1143.01 PURPOSE.

The Industrial District is established to provide a location for manufacturing and high nuisance activities.

(Ord. 07-8. Passed 3-19-07.)

1143.02 PERMITTED USES.

Uses permitted in the IND Industrial District:

(a) Any use specified as a permitted use in Section 1139.02.

(b) Lumber, garden supply, and home improvement sales.

(d) Self-service storage facilities.

(e) Self-service car washes

(f) Manufacturing, compounding, processing, assembling, packaging, or treatment of goods, materials, and products, consistent with the performance standards for industrial uses as specified in Section 1143.04.

(g) Warehousing, wholesale establishments, manufacturing retail outlets, distribution and related uses, including truck and transfer terminals.

(h) Administrative, professional and business offices associated with and incidental to another permitted use.

(i) Similar commercial or industrial uses, as determined by the Planning Commission.

(Ord. 07-8. Passed 3-19-07.)

1143.03 CONDITIONAL USES.

(a) Temporary or seasonal outdoor sales lots having a maximum operating duration of four (4) months.

(b) Motor vehicle storage and salvage yards.

(c) Contractor equipment and storage yards, provided fencing and screening devices are installed, as required by the Planning Commission.

(d) Class II Type A or B group residential facilities, subject to the requirements of Section 1155.05.

(e) Class I Type A group residential facilities, subject to the requirements of Section 1155.05. (Ord. 07-8. Passed 3-19-07.)

1143.04 PERFORMANCE STANDARDS FOR INDUSTRIAL USES.

Permitted uses within the Industrial District must operate primarily within enclosed structures, and with minimal adverse environmental and economic impact on adjacent properties, as determined by the Planning Commission. In addition, permitted uses must operate substantially free from noise, odor, dust, smoke, light, glare, or vibration, as determined by the Planning Commission, and without imposing unusual burdens upon utility or government services.

(Ord. 07-8. Passed 3-19-07.)

1143.05 DEVELOPMENT STANDARDS.

(a) Minimum Front Yard Depth. Thirty-five (35) feet

(b) Minimum Side Yard Width. No minimum side yard is required; however all uses and structures, including parking and paved areas, shall be located not less than 100 feet from and residential district and not less than 50 feet from any other district.

(d) Maximum Percent of Lot Coverage. Seventy-five percent (75%)

(e) Maximum Building Height. One hundred (100) feet

(f) Minimum Lot Area. No minimum lot size is required; however all uses and structures, including parking and paved areas, shall be located not less than 100 feet from and residential district and not less than 50 feet from any other district.

(Ord. 07-8. Passed 3-19-07.)

1143.06 STREET TREES.

Street trees shall be required along all new streets developed within the district. The spacing of trees along streets shall be not less than fifty (50) feet on center. A minimum of twelve feet (12') of overall height or a minimum caliper (trunk diameter measured six inches above the ground) of at least two inches (2") shall be required.

(Ord. 07-8. Passed 3-19-07.)

1143.07 PROPERTY MAINTENANCE.

(Ord. 07-8. Passed 3-19-07.)

1143.08 TRASH AND GARBAGE CONTROL.

All trash and garbage shall be stored in container systems which are located and enclosed so as to effectively screen them from view.

(Ord. 07-8. Passed 3-19-07.)

1147.01 PURPOSE.

The purpose of the planned unit development district is to accommodate and encourage development of large tracts of land for residential, commercial, industrial, public, or compatible mixed uses, in accordance with an overall plan for the area.

(Ord. 07-8. Passed 3-19-07.)

1147.02 DEFINITION.

“Planned Unit Development” means an area of land in which a variety of housing types and subordinate commercial and industrial facilities are accommodated in a pre-planned environment under more flexible standards.

(Ord. 07-8. Passed 3-19-07.)

1147.03 INTERPRETATION.

Whenever the requirements of this section appear to be in conflict with other sections of this Ordinance or with other existing codes, the provisions of these sections shall prevail.

(Ord. 07-8. Passed 3-19-07.)

1147.04 PERMITTED USES.

Residential, commercial, manufacturing, public, and compatible mixed uses may be combined in a planned unit development, provided that the proposed location of the commercial and manufacturing uses will not adversely impact adjacent properties and districts.

(Ord. 07-8. Passed 3-19-07.)

1147.05 DEVELOPMENT STANDARDS.

(a) Minimum Area. The gross area of a proposed planned unit development shall not be less than three (3) acres.

(b) Underground Utilities. All utilities, including telephone, cable, and electric, shall be buried underground.

(c) Setbacks. Lot width, setback, and yard requirements may be varied to accommodate a variety of structural patterns, clustering designs, and housing types.

(d) Unimproved Areas. All areas designed for future expansion or not intended for immediate improvement or development shall be landscaped or otherwise maintained in a neat and orderly manner as specified by the Commission.

(Ord. 07-8. Passed 3-19-07.)

1147.06 DEVELOPMENT PLAN APPLICATION.

(a) Contents of Application. The application for approval of the developer’s development plan shall be filed with the Zoning Inspector. The application shall contain the following information:

(1) Name, address, and telephone number of the applicant.

(2) Name and address of surveyor, engineer, or urban planner assisting in the preparation of the development plan.

(3) Legal description of property.

(4) Present uses.

(5) Present and proposed zoning district.

(6) Proposed amending ordinance.

(7) Location of streets and alleys.

(8) Drawings showing topography, location, layout, dimensions utilities, drainage, and traffic patterns.

(9) Proposed schedule for development.

(10) A list containing the names and mailing addresses of all owners of property within 500 feet of the area in question.

(11) Statement why the developer believes the planned unit development would be in the public interest.

(12) A fee established by ordinance.

(b) Pre-application Meeting. The developer shall meet with the Zoning Inspector prior to the submission of the development plan to review the requirements, criteria, and standards of this Ordinance. (Ord. 07-8. Passed 3-19-07.)

1147.07 PROCEDURE.

The development plan application shall be treated as a proposed amendment to this Ordinance and shall be reviewed and considered by the Planning Commission and Council pursuant to Chapter 1111.

(Ord. 07-8. Passed 3-19-07.)

1147.08 APPROVAL.

If the planned unit development is permitted, the Zoning Inspector shall issue a permit. The approved development would then become a part of this Ordinance, as would any other amendment. Construction must commence on the development within 2 years of approval of the plan and the development must be completed within five years of approval of the plan. If approval is not commenced within two years after approval is granted, the permit issued shall be void.