New Lexington City Zoning Code

TITLE FIVE

Additional Zoning Regulations

CHAPTER 1165 Medical Marijuana (Repealed)

(EDITOR’S NOTE: Former Chapter 1165 was repealed by Resolution 21-26, passed November 15, 2021.)

CHAPTER 1167 Homeless Shelter Overlay Zone (Repealed)

(EDITOR’S NOTE: Former Chapter 1167 was repealed by Ordinance 23-8, passed July 3, 2023.)

TABLE 1 NEW LEXINGTON PROPOSED USES

	DISTRICT
USE	R1	R2	R3	COMMERCIAL	CENTRAL BUSINESS	INDUSTRIAL
SINGLE-FAMILY DWELLING	P	P	P	P	P
TWO-FAMILY DWELLING			P	P	P
MULTIPLE-FAMILY DWELLING			P	P	P
MOBILE HOMES			P	P
MOBILE HOME PARKS			S	S
NON TRANSIENT BOARDING & ROOMING			P	P	P
DORMITORIES, NURSING HOMES			P	P	P
NON TRANSIENT RESIDENTIAL HOTELS			P	P	P
GROCERY, MEAT, FRUITS, CARRY-OUT			P	P	P	P
DELICATESSEN STORES (5000 SQ FT OR LESS)			P	P	P	P
BAKERY, DAIRY, EGG RETAIL (5000 SQ FT OR LESS)			P	P	P	P
DRUGS, PROPRIETARY & VARIETY STORES			P	P	P	P
BEAUTY & BARBER SHOPS			P	P	P	P
SELF SERVICE LAUNDRY & DRY CLEANING			P	P	P	P
LAUNDRY & DRY CLEAN PICK-UP STATION				P	P
BANKS, SAVINGS & LOANS				P	P
CREDIT & FINANCE RELATED BUSINESS				P	P	P
COLLECTION AGENCIES, INVESTMENT & CONSUMER SERVICES				P	P	P
INSURANCE, REAL ESTATE, TITLE OFFICES		H	H	P	P	P
ADMINISTRATIVE & SALES OFFICES		H	H	P	P	P
GOVERNMENT OFFICES				P	P	P
DETECTIVE & PROTECTIVE AGENCIES				P	P	P
PHYSICIANS OFFICES		H	H	P	P	P

P = permitted use S = special use H = home occupation is permitted

	DISTRICT
USE	R1	R2	R3	COMMERCIAL	CENTRAL BUSINESS	INDUSTRIAL
DENTIST OFFICES		H	H	P	P	P
ENGINEERING, ARCHITECTURAL, URBAN PLANNING SERVICES		H	H	P	P	P
MANUFACTURED HOME & DOUBLE WIDE	P	P	P	P	P	P
ACCOUNTING, AUDITING SERVICES	H	H	H	P	P	P
ATTORNEYS OFFICES		H	H	P	P	P
CHIROPRACTORS OFFICES		H	H	P	P	P
VETERINARIAN OFFICES				P	P	P
UTILITY SERVICES OFFICES				P	P	P
TELEGRAPH & TELEPHONE EXCHANGES				P	P	P
RADIO STATIONS				P	P	P
TELEVISION STATIONS				P	P	P
TRAVEL & TICKET OFFICES				P	P	P
MAILING SERVICES		H	H	P	P	P
BLUEPRINT & PHOTOCOPY SERVICES				P	P	P
EMPLOYMENT & PLACEMENT OFFICES				P	P	P
BUSINESS CONSULTING SERVICES		H	H	P	P	P
ASSOCIATION & CLUB OFFICES				P	P	P
LABOR, CIVIC, FRATERNAL OFFICES				P	P	P
GROCERY, FISH, MEAT, FOOD STORES			P	P	P	P
BAKERY, DAIRY, ICE CREAM, DAIRY RETAIL			P	P	P	P
RESTAURANT & EATING PLACES			P	P	P	P
DRUGS, PROPRIETARY & VARIETY STORIES			P	P	P	P
ANTIQUE, NOVELTY SHOPS			P	P	P	P
STATIONARY, BOOK, JEWELRY STORES			P	P	P	P
CAMERA, PHOTO STUDIO SHOPS		H	P	P	P	P
WATCH REPAIR SHOP		H	P	P	P	P
SPORTING GOODS STORES			P	P	P	P

P = permitted use S = special use H = home occupation is permitted

	DISTRICT
USE	R1	R2	R3	COMMERCIAL	CENTRAL BUSINESS	INDUSTRIAL
OFFICE SUPPLY STORES			P	P	P	P
CLOTHING, SHOE, TAILOR STORES			P	P	P	P
HOUSEHOLD GOODS STORES			P	P	P	P
HARDWARE, PAINT, GLASS STORES			P	P	P	P
DRAPERY, CHINA, APPLIANCE STORES			P	P	P	P
HOUSEHOLD REPAIR STORES			P	P	P	P
GENERAL MERCHANDISE STORES			P	P	P	P
BOAT, MOBILE HOME SALES & SERVICE STATIONS			P	P	P	P
FLORIST & HAT SHOPS			P	P	P	P
PRINTING, PUBLISHING				P	P	P
TAVERNS, NIGHT CLUBS, LIQUOR RETAIL				P	P	P
POOL HALLS, BOWLING ALLEYS				P	P	P
TRADE SCHOOLS				P	P	P
ART, MUSIC, DANCING SCHOOLS				P	P	P
SKATING, MINIATURE GOLF & DRIVING RANGE			P	P	P
MOVIE THEATERS, PENNY ARCADES				P	P	P
GO CART & COMMERCIAL RACE TRACKS				S
DRIVE-IN MOVIES, AMUSEMENT PARKS				P		P
RIDING STABLES				P		P
DANCE HALLS, PRIVATE LODGES				P	P	P
FRATERNAL LODGES				P	P	P
GENERAL & HEALTH RESORTS				P	P	P
TRANSIENT BOARDING & ROOMING HOUSES				P	P	P
MOTELS, HOTELS, TOURIST COURTS				P	P	P
TRAILER CAMPS & TRAVEL TRAILER PARKS				S		S
AUTOMATS, SELF-OPERATING CAR WASHES				P	P	P

P = permitted use S = special use H = home occupation is permitted

	DISTRICT
USE	R1	R2	R3	COMMERCIAL	CENTRAL BUSINESS	INDUSTRIAL
TRUCK STOPS				P		P
FARM EQUIPMENT SALES & SERVICE				P		P
FRUIT STANDS, GREENHOUSES				P		P
ANIMAL HOSPITALS				P	P	P
WAREHOUSING & STORAGE DIRECTLY RELATED TO RETAIL OUTLETS				P	P	P
WHOLESALE, DISTRIBUTION & STORAGE EXCEPT VOLATILE MATERIALS				P	P	P
EXPLOSIVE, VOLATILE MATERIALS STORAGE & DISTRIBUTION						P
FREIGHT & TRANSFER TERMINALS						P
COMMERCIAL GARAGING OF VEHICLES				P	P	P
AIR FREIGHT TERMINALS						P
INDUSTRIAL WAREHOUSING						P
LUMBER SALES & STORAGE				P		P
BUS, TAXI-CAB, FARM EQUIPMENT STORAGE & REPAIR				P	P	P
AUTO REPAIR				P	P	P
ELECTRICAL, APPLIANCE, UPHOLSTERY, CARPENTRY, SHEET METAL SHOPS				P	P	P
BROOM, WINDOW SHADE MFG.						P
OFFICE & SERVICE INDUSTRY MACHINES MFG.						P
PHOTOENGRAVING, TYPESETTING					P	P
PENCILS, ART SUPPLY & SIMILAR MFG.						P
JEWELRY, BUTTONS, NOTIONS MFG.						P
PAPER, BOOK, NEWSPAPER PRINTING & MFG.						P
SIGN & DIE CUT PRODUCTS						P
COMMERCIAL LAUNDRY, DRY CLEANING				P	P	P
LINEN SUPPLY & INDUSTRIAL LAUNDRY				P	P	P
MILK, BAKERY PRODUCTS MFG.				P	P	P

P = permitted use S = special use H = home occupation is permitted

	DISTRICT
USE	R1	R2	R3	COMMERCIAL	CENTRAL BUSINESS	INDUSTRIAL
SOFT DRINK & BOTTLING WORKS				P		P
TV, RADIO, TRANSMISSION STATIONS				P	P	P
PUBLIC UTILITY SUBSTATIONS	P	P	P	P	P	P
MACHINERY, OFFICE FURNITURE MFG.						P
GENERAL METAL FABRICATION						P
FIBER & CLOTHING & MATERIAL MFG.				P		P
NON-METALLIC GOODS MFG. SUCH AS GLASSWARE, CERAMICS,PAPERBOARD, PORCELAIN NUTS AND BOLTS, ETC.						P
FOOD PRODUCTS MFG. & PROCESSING						P
ELECTRICAL EQUIPMENT MFG.						P
INSTRUMENT & MISC. MFG.						P
MACHINERY TESTING LABORATORIES						P
INORGANIC & ORGANIC INDUSTRIAL CHEMICALS MFG. & PROCESSING						P
PAINT, FINISHING MATERIAL, EXPLOSIVE, PETROLEUM MFG. & PROCESSING						P
AMMUNITION, ORDINANCE EQUIPMENT MFG.						P
PETROLEUM PRODUCTS STORAGE & DISTRIBUTION						P
COAL & FUEL STORAGE						P
GRAIN PRODUCTS RENDERING						P
BIOLOGICAL, MEDICAL, CLEANING SUPPLIES MFG.						P
INDUSTRIAL & AGRICULTURAL CHEMICALS PLASTICS, RUBBER, LUMBER PROCESSING & MFG.						P
PRIMARY METAL PROCESSING & MFG.						P
RAIL EQUIPMENT MFG.						P
INCINERATORS, LANDFILL SITES						P
BUILDING PRODUCTS & MATERIAL MFG.						P

P = permitted use S = special use H = home occupation is permitted

	DISTRICT
USE	R1	R2	R3	COMMERCIAL	CENTRAL BUSINESS	INDUSTRIAL
LIVESTOCK WHOLESALE & STORAGE						P
FISH CLEANING & RENDERING						P
NATURAL RESOURCE MINING						P
OIL & NATURAL GAS WELLS						P
PARKS, PLAYGROUNDS, TOTLOTS	S	P	P	P	P	P
GOLF COURSES (PUBLIC & PRIVATE)			P	P		P
STADIUM, FAIRGROUNDS, ATHLETIC FIELDS			P	P		P
WILDLIFE & FOREST PRESERVES						P
AMPHITHEATRE AUDITORIUMS, MUSIC HALLS				P	P	P
YMCA, YWCA & SIMILAR RECREATION				P	P	P
SCHOOLS (ALL LEVEL - PUBLIC & PRIVATE)		P	P	P	P
LIBRARIES, MUSEUMS, ETC.		P	P	P	P
HISTORIC SITES, MONUMENTS		P	P	P	P	P
BAIT STORES, MARINE SUPPLIES				P		P
TENNIS, SWIMMING, SIMILAR ACTIVITY		P	P	P	P	P
HUNTING & FISHING CLUBS				P	P	P
HOSPITALS, CLINICS, REST HOMES & SANITARIUMS & THE LIKE		S	P	P	P
ORPHANAGES, CHILDREN’S HOME		S	P	P	P
CORRECTIONAL INSTITUTIONS, PRISONS						P
EMERGENCY & CHARITABLE SERVICES				P	P	P
CHURCHES, CEMETERIES	S	P	P	P	P	P
GOVERNMENTAL SERVICE BUILDINGS				P	P	P
RAIL, BUS, AIR TERMINALS				P	P	P
AIRPORTS, HELIPORTS				S		S

P = permitted use S = special use H = home occupation is permitted

PLANNED UNIT DEVELOPMENT

(PERMITTED AS PROVIDED FOR IN SECTIONS 234, 235, 236 IN ALL DISTRICTS)

In a R-3 district, an existing single family dwelling may be changed to a two (2) or three (3) unit family dwelling, if at least 1,100 square feet per new dwelling unit is provided. Off street parking shall be provided in the rear at the rate of 1.5 spaces per new dwelling unit in accordance with the requirements herein. The converted dwelling units must maintain the present appearance of a single family dwelling.

1153.01 LOT WIDTH.

(a) Frontage Required. No building, structure, or improvement shall be constructed or altered unless its lot fronts on a publicly dedicated and improved street or thoroughfare, or a private street that has been constructed to meet the standards for public streets.

(b) Lot Width. Lot width shall be measured along the minimum building setback line of the district within which such lot is located.

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

1153.02 FRONT YARDS.

(a) Front Yard Requirements. In all districts, driveways may be located in front yards. In districts where single-family residences are not a permitted use; front yard setbacks may also be used for parking areas, consistent with the regulations of Chapter 1157 .

(b) Front Yard Measurements. Front yard depth shall be measured from the right-of- way line of the street or highway to the building line.

(c) Open Porches. An open, uncovered porch or paved terrace may not project into the required front yard for distance of greater than fourteen (14) feet.

(d) Architectural Features. Cornices, canopies, eaves, pilasters, sills or other architectural features may project into a front yard no more than three (3) feet.

(e) Corner Lots. Lots fronting on more than one street shall provide the required front yard on both streets. Setbacks for one (1) of the other two (2) sides of the corner lot shall be as required for the rear yard in the district where the lot is located.

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

1153.03 SIDE YARDS.

(a) Measurement. Side yard width shall be measured from the nearest side lot line to the building line.

(b) Open Porches. In a residential district, an open, uncovered porch or paved terrace may project into a required side yard, if a minimum of five (5) feet is maintained to any adjoining lot line.

(c) Architectural Features. Cornices, canopies, eaves, pilasters, sills or other architectural features may project into a side yard no more than three (3) feet with minimum of two (2) feet maintained to any adjoining lot line.

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

1153.04 REAR YARDS.

(a) Measurement. Rear yard depth shall be measured from the rear lot line to the building line. Where a lot abuts a service street or alley, the rear yard shall be measured from the right-of-way line of the existing street or alley.

(b) Accessory Uses or Structures. Accessory uses or structures may be allowed in a rear yard, subject to requirements of Section 1155.01 .

(c) Open Porches. In a residential district, an open, uncovered porch or paved terrace may project into a required rear yard, if a minimum distance of twenty (20) feet is maintained to any rear lot line.

(d) Architectural Features. Cornices, canopies, eaves, pilasters, sills or other architectural features may project into a rear yard no more than three (3) feet with a minimum of two (2) feet maintained to any adjoining lot line.

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

1153.05 HEIGHT.

Height regulations specified in the various zoning districts shall not apply to chimneys, tanks, cupolas, silos, domes, spires, or similar structures.

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

1155.01 RESIDENTIAL ACCESSORY BUILDINGS AND/OR STRUCTURES.

“Accessory building or structure” shall mean a structure occupied by a use which is subordinate, secondary, incidental to and customary in connection with the principal building or use and located on the same lot as the principal building or use. Residential accessory structures include detached garages, tool and garden sheds, tennis courts, swimming pools and similar facilities. Residential accessory structures are subject to the following additional requirements:

(a) An accessory use or structure shall not exceed fourteen (14) feet in height, unless the subject property is located within the CBD District, and specific approval for a higher accessory building is granted by the Planning and Zoning Commission, in order to promote consistency with the architectural character of the other structures on the site.

(b) An unattached accessory structure shall be located to the side or rear of the principal structure, within any side or rear yard. Such accessory structure shall be constructed not closer to the side lot line than the side yard requirement of the district where it is located, and not less than three (3) feet from the rear lot line in the CBD District, or ten (10) feet from the rear lot line in all other districts.

(c) The total area of accessory uses or structures shall not exceed 720 square feet, except for swimming pools which shall be exempted from these area requirements. (Ord. 07-8. Passed 3-19-07.)

1155.02 PRIVATE SWIMMING POOLS.

A “private swimming pool” as regulated herein, means any pool or open tank not located within a completely enclosed building and containing water to depth, at any point greater than twenty-four (24) inches. A private spa or hot tub with a lockable cover shall not be considered as a “swimming pool” subject to the provisions of this Section. No swimming pool, exclusive of portable swimming pools with an area of less than 100 square feet, shall be allowed in any residential district unless the following conditions and requirements are complied with:

(a) The pool is intended to be used solely by the occupants of the principal use of the property on which it is located.

(b) Such pool, including any walks, paved areas, and appurtenances thereto, shall not be located in any front yard, or closer than ten (10) feet to any property line or structure.

(c) Any private swimming pool, or the property on which the pool is located, shall be enclosed by a wall or fence constructed so as to prevent uncontrolled access. Such wall or fence shall not be less than four feet in height, maintained in good condition, and affixed with an operable gate and lock, secured when the pool is not in use.

(d) All lights used for the illumination of the swimming pool and adjacent areas shall be designed, located and installed so as to confine the direct beams thereof to the lot or parcel on which the pool is located.

(e) No portable or permanent pool shall be installed in the front yard.

A zoning permit shall be required for the construction or installation of any private swimming pool, except portable pools that are seasonally erected. The owner of the property, or his agent, shall certify that the pool will be constructed, installed and maintained in conformance with the above requirements.

(Ord. 07-8. Passed 3-19-07; Ord. 2007-13. Passed 8-13-07.)

1155.03 RESIDENTIAL FENCES AND/OR HEDGES.

“Fence” or “wall” means any structure composed of wood, metal, stone, brick or other material, including hedges or other plants, erected in such a manner and location so as to enclose, partially enclose or divide any premises or part of premises for the purpose of confinement, screening, partitioning, or decoration. Trellises or other structures for the purpose of supporting vines, flowers or other vegetation, when erected in such a position so as to enclose, partially enclose or divide any premises or any part of premises shall also be considered a fence. A “decorative fence” means a fence that is not suited for the containment of animals or property, in which the opacity of the fence is less than twenty-five percent (25%).

No fence or wall, as defined above, may be erected within the City of New Lexington unless the property owner or his agent files application with the Zoning Inspector. Such application shall include a drawing of the lot, showing the actual location of the proposed fence or wall. The property owner shall determine property lines and certify that the fence or wall does not encroach upon another lot or parcel of land. The granting of a permit to construct a fence in no way shall be considered as the City’s authorization that the property lines as shown on the application are correct.

(a) Height and Location. The permitted height of a fence or wall shall be determined by its location on the property as follows:

(1) A decorative fence or wall not exceeding 48 inches in height may be erected within the front yard provided that the fence or hedge is located not less than three (3) feet from the street right-of-way line, and further provided that the provisions of subsection (a)(3) hereof are met.

(2) A fence or wall not exceeding seventy-two inches (72") in height may be erected in any area of the lot behind the building setback line.

(3) No fence, hedge, or wall shall be erected on any lot in such a manner so as to obscure the vision of motorists approaching a street intersection, within a twenty-five (25) feet clear sight distance along either street approaching said intersection.

(b) Prohibited Fences. No person shall erect or maintain any fence or wall charged with electrical current, nor shall any person erect or maintain any fence or wall having wire or metal prongs or spikes, or other cutting points or edges.

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

1155.04 HOME OCCUPATIONS.

Home occupations shall be considered as permitted or conditional uses in any district where residences are a permitted or conditional use except in the Residential One (R1) District where home occupations are prohibited. A home occupation shall comply with the following standards:

(a) The use shall be clearly incidental and secondary to residential use of the dwelling and not more than thirty percent (30%) of dwelling unit floor area is devoted to the home occupation.

(b) The home occupation shall not generate greater vehicular traffic volume than is normal for a residential neighborhood.

(c) Not more than one (1) person, other than immediate family residing at the premises, shall be employed in such occupation.

(d) No equipment or process shall be used in the home occupation, which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to normal senses off the lot.

Generally, home occupations shall be regulated not by the specific activity performed, but rather by the presence of external impacts that may affect the residential character of the surrounding area. In particular, a home occupation shall consist primarily of rendering specific personal services. Examples would include a seamstress, member of the clergy, lawyer, engineer, architect, real estate consultant, accountant, artist, computer or telecommunications worker or private teacher. The occupant of the premises shall perform the home occupation.

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

1155.05 GROUP RESIDENTIAL FACILITIES.

“Group residential facilities” are defined and classified in Chapter 1105. A Class I Type B group residential facility is permitted in any zoning district that permits single-family dwellings. A Class I Type A group residential facility shall be considered as a conditional use in the CBD, R3, and Commercial Districts, subject to the standards below. A Class II Type A or Type B group residential facility shall be treated as a conditional use in the Commercial District subject to the standards below:

(a) The facility shall obtain all approvals and/or licenses as required by the State.

(b) The facility shall provide 24-hour supervision by trained and qualified professional personnel.

(c) No exterior alterations of the structure shall be made which would be inconsistent with the residential character of the residential structures in the surrounding neighborhood.

(d) The facility shall comply with the district regulations applicable to other properties in the zoning district in which they are located.

(e) Such facilities shall be required to provide appropriate sleeping quarters without using normal living areas, such as living rooms, dining room or kitchen for sleeping.

(f) Such facilities shall meet all applicable local and/or state building, safety and fire safety requirements for the proposed use and level of occupancy.

(g) Such facilities shall be reasonably accessible, by virtue of location or transportation provided by the applicant, to medical, recreational and retail services, and employment opportunities.

(h) The applicant shall provide a plan indicating the manner in which the facility will maintain contact with neighborhood residents, including a structured procedure whereby their grievances may be filed and resolved.

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

1155.06 DOGS.

Not more than two (2) dogs or two (2) cats per lot may be housed outside in residential districts. (Ord. 07-8. Passed 3-19-07.)

1155.07 FACTORY BUILT HOUSING.

(a) “Factory-built Housing” means a factory-built structure designed for long-term residential use, the components of which are essentially constructed or assembled prior to its delivery to and installation upon a site. For purposes of this Ordinance, factory-built housing shall include the following:

(1) “Manufactured Home”. Any nonself-propelled vehicle transportable in one or more sections which, in the traveling mode, is 8 body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a permanent dwelling unit with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein, and which bears a label certifying that it is built in compliance with the Federal Manufactured Housing Construction and Safety Standards.

(2) “Modular Home”. Factory-built housing certified as meeting the State Building Code as applicable to modular housing. Once certified by the State, modular homes shall be subject to the same standards as site-built homes.

(3) “Mobile Home”. A transportable, factory-built home, designed to be used as a year-round residential dwelling and built prior to enactment of the Federal Manufactured Housing Construction and Safety Standards Act of 1974, which became effective June 15, 1976, or built subsequent to such Act but not certifiable to compliance with it.

(b) General Requirements. Factory-built housing shall comply with the following requirements:

(1) The structure shall be installed upon and properly attached to a foundation system that provides adequate support of the structure’s vertical and horizontal loads and transfers these and other imposed forces, without failure, from the structure to the undisturbed ground below the frost line.

(2) All hitches, axles, wheels, and conveyance mechanisms shall be removed from the structure.

(3) The structure shall be oriented on the site so its long axis is parallel with the street, and it shall have an entranceway facing the street.

(4) Each house trailer, mobile home or other similar type of vehicle shall be equipped with underskirting of a corresponding or matching material used in the construction of each individual trailer. All trailers must be fully skirted within thirty days after their placement.

(5) The site shall be suitably landscaped, with adequate screening devices.

(6) The siting of the structure shall comply with all yard and setback requirements of the district in which it is located.

(7) The siting of the structure shall comply with all parking requirements in effect for the district for which it is proposed.

(8) The site shall be serviced by utilities in such manner as required by Ordinance.

(c) Single-Family Design and Appearance Standards. A single-family residential home, whether of modular, manufactured, or site-built construction, shall comply with all the regulations in effect for the district in which it is located.

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

1157.01 PURPOSE.

The purpose of these requirements is to encourage the orderly development of parking areas within the City and to promote the safety of residents and visitors by insuring the efficient handling of vehicular traffic.

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

1157.02 PROVISION FOR PARKING AND LOADING REQUIRED.

Except in the Central Business District, at the time any building, structure or use is changed, established, erected, developed, or is enlarged or increased in capacity, off-street parking and loading shall be provided in accordance with the provisions of this chapter.

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

1157.03 GENERAL REQUIREMENTS.

(a) Access. All off-street parking and loading areas provided in accordance with this Section shall have direct access to a publicly dedicated and improved street or alley.

(b) Surfacing. All off-street parking and loading areas, except for parking areas serving single-family residential uses, shall be properly graded, drained, marked and surfaced so as to provide a hard, durable and dustless surface.

(c) Drainage. All off-street parking and loading areas shall be designed to prevent the excess drainage of surface water on to adjacent properties, sidewalks, or public streets. Arrangements shall be made to insure acceptable diversion of surface water to an adequate storm water drainage system.

(d) Lighting. Any lighting used to illuminate any off-street parking or loading area shall be so arranged as to reflect light away from any adjoining premises in any zoning district where residences are a permitted use. In addition, such lighting shall be so arranged as to not interfere with traffic on any adjoining street or to be confused with any traffic control lighting.

(e) Location of Parking and Loading Spaces. A five (5) foot clear zone shall be maintained between the street right-of-way line, and any vehicle. Parking areas shall be so designed and arranged as to not allow the protruding of any vehicle, or portion thereof, over the clear zone.

(f) Barriers. Wherever a parking lot extends to a property line, fencing, wheel stops, curbs, or other suitable barriers shall be provided in order to prevent any part of a parked vehicle from extending beyond the property line.

(g) Visibility. Access of driveways for parking areas shall be located in such a way that any vehicle entering or leaving such parking area shall be clearly visible for a reasonable distance by any pedestrian or motorist approaching the access or driveway from a public or private street or alley.

(h) Marking. All parking areas for twenty (20) spaces or more shall be marked with paint lines; curb stones, or in some other manner approved by the Zoning Administrator, and shall be maintained in a clearly visible condition.

(i) Maintenance. Any owner of property used for parking areas shall maintain such areas in good condition without holes and free of all dust, trash, or other debris.

(j) Signs. Where necessary due to multiple curb cuts, the entrances, exits, and the intended circulation pattern of the parking area shall be clearly marked.

(k) Screening. All off-street parking and loading areas shall be screened on each side of the parking and loading area that abuts a residential district.

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

1157.04 PARKING AND LOADING SPACE DIMENSIONS.

(a) Parallel Parking Spaces. Each parallel parking space shall be at least 9 feet wide and 22 feet long. The width of the driveway aisle shall be at least 12 feet wide.

(b) 90 Parking Space. Each 90 parking space shall be at least 9 feet wide and 20 feet long. The width of the driveway aisle shall be at least 25 feet wide.

(c) 60 Parking Space. Each 60 parking space shall be at least 10 feet wide and 18 feet long. The width of the driveway aisle shall be at least 17.5 feet wide.

(d) 45 Parking Space. Each 45 parking space shall be at least 12 feet wide and 17 feet long. The width of the driveway aisle shall be at least 13 feet wide.

(e) Loading Space. Each loading space shall be at least 12 feet wide and 65 feet long. The vertical clearance of each space shall be at least 14 feet.

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

1157.05 OFF-STREET LOADING SPACE REQUIREMENTS.

Except in the Central Business District, every non-residential building having a gross floor area of 3,000 square feet or more, shall have, on the same lot with the building, at least one off- street loading space, and one additional loading space for each 10,000 square feet or fraction thereof of gross floor area in excess of 3,000 square feet.

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

1157.06 HANDICAPPED PARKING SPACE REQUIREMENTS.

Parking facilities serving buildings and facilities required to be accessible to the physically handicapped shall have conveniently located spaces designated for handicapped parking only. The number of handicap spaces required shall be related to the total number of parking spaces as follows:

Total Spaces in Lot/Structure	Number of Designated Accessible Spaces
Up to 100	One space per 25 parking spaces
101 to 200	4 spaces, plus one per 50 spaces over 100
201 to 500	6 spaces, plus one per 75 spaces over 200
Over 500	10 spaces, plus one per 100 spaces over 500

Each handicap parking space width and depth shall comply with the requirements of the Americans with Disabilities Act.

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

1157.07 JOINT PARKING FACILITIES.

Two or more buildings or establishments may share an off-street parking area, provided that the parking area is not located more than 500 feet from the buildings served. Where a parking area is shared between two or more buildings or establishments, a written agreement shall be drawn and executed by the parties concerned. The agreement shall contain provisions guaranteeing the continued joint use of the parking area. The agreement shall be filed with the application for a zoning permit and shall be reviewed and approved by the City’s legal counsel prior to the issuance of a zoning permit.

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

1157.08 DETERMINATION OF REQUIRED SPACES.

In computing the number of parking spaces required by this chapter, the following rules shall apply:

(a) Where floor area is the standard for determining parking space requirements, floor area shall mean the sum of all interior floor space open to the public, excluding stairs, restrooms, elevator shafts, and similar nonusable areas.

(b) Where seating capacity is the standard for determining parking space requirements, capacity shall mean the number of seating units installed or indicated. Each eighteen lineal inches of bench or pew space shall constitute one seating unit.

(d) Parking space requirements for a use not specifically specified in this chapter shall be determined by comparison to a “substantially similar use”.

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

1157.09 REQUIRED NUMBER OF SPACES. (RESERVED)

1157.10 PARKING LIMITATIONS IN RESIDENTIAL DISTRICTS.

Travel trailers, motor homes, pick-up campers, folding tent trailers, boats or boat trailers, utility trailers and similar equipment shall not be parked on streets or alleys in any district where residences are a permitted use, for a period of time exceeding seventy-two (72) hours. The storage of such equipment shall be subject to the following requirements:

(a) Recreational equipment shall not be parked or stored within the street right-of-way.

(b) Not more than one (1) piece of recreational equipment shall be stored outside on a parcel containing a single family or two-family dwelling. For the purpose of this section, a boat stored on a boat trailer shall be deemed one piece of recreational equipment.

(c) Recreational equipment shall not be occupied or used for living, sleeping, housekeeping, storage or business purposes for a period exceeding five (5) days.

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

1157.11 PARKING OF DISABLED VEHICLES.

The parking of a disabled vehicle outdoors within a residential district for a period of more than one week shall be prohibited. A disabled vehicle may be stored in an enclosed garage or other accessory building, provided that no business shall be conducted in connection therewith while such vehicle is parked or stored.

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

1159.01 PURPOSE.

The purpose of this chapter is to promote the public health, safety and welfare through the regulation of adult entertainment businesses. It is the intent of this chapter to regulate adult entertainment facilities, as defined herein, in such a manner as to prevent the erosion of the character of the surrounding neighborhoods and to prohibit the establishment of such businesses within close proximity to existing adult entertainment businesses, residential areas, schools, churches, parks and playgrounds within the City.

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

1159.02 DEFINITIONS.

As used in this chapter:

(a) “Adult Entertainment Facility” means any establishment, which is involved in one or more of the following listed categories.

(1) “Adult Book Store” means an establishment which utilizes fifteen percent (15%) or more of its retail selling area for the purpose of retail sale or rental, or for the purpose of display by coin or slug-operated, or motion picture machines, projectors, or other image-producing devices, or both, books, magazines, other periodicals, films, tapes and cassettes which are distinguished by their emphasis on “specified sexual activities” or “specified anatomical areas” as defined below.

(2) “Adult Motion Picture” means a facility for the display of motion pictures which is regularly used or utilizes fifteen percent (15%) or more of its total viewing time for presenting material distinguished or characterized by an emphasis to “specified sexual activities” or “specified anatomical areas,” for observation by patrons therein.

(3) “Adult Entertainment Business” means any establishment involved in the sale or services of products characterized by the exposure or presentation of “specified anatomical areas” or physical contact of live male or females, and which is characterized by salacious conduct appealing to prurient interest for the observation or participation in by patrons. Services or products included within the scope of adult entertainment business are photography, dancing, reading, massage, and similar functions, which utilize activities as, specified above.

(b) “Specified Sexual Activities” means any of the following:

(1) Human genitals in a state of sexual stimulation or arousal.

(2) Acts, real or simulated, or human masturbation, sexual intercourse, sodomy, cunnilingus, fellatio, or sadomasochistic sexual abuse.

(3) Fondling or other erotic touching of human genitals, pubic regions, buttocks, or female breast.

(1) Less than completely covered human genitals, pubic region, buttocks, and female breasts below a point immediately above the top of the areola.

(2) Human male genitals in a discernible turgid state.

(d) “Fine Art Gallery” means any display of artwork which is individually crafted and signed by the artist or which is limited in edition to 1,000 or less.

(e) “Sexually explicit nudity” means the sexually oriented and explicit showing of nudity, including, but not limited to, close-up views, poses, or depictions in such position or manner which present or expose such nudity to prominent, focal, or obvious viewing attention.

(f) “Sadomasochistic sexual abuse” means actual or simulated flagellation, rape, torture, or other physical or sexual abuse, by or upon a person who is nude or partially denuded, or the condition of being fettered, bound for sexual gratification or abuse or represented in the context of a sexual relationship.

(g) “Visibly displayed” means the material is visible on a billboard viewing screen marquee, newsstand, display rack, window, show case, display case, or other similar display area that is visible from any part of the general public or otherwise, or that is visible from any part of the premises where a juvenile is or may be allowed, permitted, or invited, as part of the general public or otherwise, or that is visible from a public street, sidewalk, park, alley, residence, playground, school, or other place to which juveniles, as part of the general public or otherwise, have unrestrained and reasonable anticipated access and presence. (Ord. 07-8. Passed 3-19-07.)

1159.03 EXCEPTIONS.

Nothing in this chapter shall be construed to pertain to:

(a) The purchase, distribution, exhibition and/or loan of any work of art, book, magazine or other printed material or manuscript by an accredited museum, library, fine art gallery, school or museum of higher learning.

(b) The exhibition and/or performance of any play, drama, or motion picture by any theater, museum, library, fine art gallery, school, or institution of higher learning supported by public appropriation or which is an accredited institution supported by private funds.

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

1159.04 LOCATION.

Adult Entertainment Facilities are to be considered a conditional use in the Commercial District, and are subject to the following conditions:

(a) No adult entertainment facility shall be established within 1,000 feet of any residence or district where residences are a permitted use.

(b) No adult entertainment facility shall be established within a radius of 1,000 feet of any school, library, or teaching facility, whether public or private, when such school, library, or teaching facility is attended by persons under 18 years of age.

(c) No adult entertainment facility shall be established within a radius of 1,000 feet of any park or recreational facility attended by persons under 18 years of age.

(d) No adult entertainment facility shall be established within a radius of 1,000 feet of any church, synagogue, or permanently established place of religious services attended by persons under 18 years of age.

(e) No adult entertainment facility shall be established within a radius of 1,000 feet of any other adult entertainment facility.

(f) No advertisements, displays or other promotional materials displaying specified sexual activities or specified anatomical areas shall be shown or exhibited so as to be visible to the public from pedestrian sidewalks or walkways, or from other public or semipublic areas.

(g) All building openings, entries, windows, etc. for adult entertainment uses shall be located, covered, or serviced in such a manner as to prevent a view into the interior from any public or semi-public area, sidewalk or street.

(h) No screens, loudspeakers, or sound equipment shall be used for adult motion picture theaters (enclosed or drive-in) that can be seen or discerned from public or semi-public area. (Ord. 07-8. Passed 3-19-07.)

1161.01 PURPOSE.

It is the purpose of this chapter is to promote the public health, safety and welfare by prohibiting the location of drug paraphernalia establishments within the City.

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

1161.02 DEFINITIONS.

The following definitions shall apply in the interpretation of this Article:

(a) “Drug Paraphernalia Establishment” means any place or any part of a place, whether or not operated as a business, where drug paraphernalia are manufactured, stored, displayed, processed, packaged, distributed, offered for sale, or sold. “Drug Paraphernalia Establishment” does not include manufacturers, wholesalers, retailers, pharmacies, or other persons or businesses or professions acting in accordance with the provisions of Ohio R.C. Chapters 3719, 4715, 4729, 4731, and 4741, or properly licensed or authorized research facilities or hospitals.

(b) “Drug Paraphernalia” means devices, equipment, products, and materials of any kind which are used, intended for use or designed for use in planting, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, enhancing the effect of or otherwise introducing into the human body a controlled substance as defined in Ohio R.C. Chapter 3719. It includes, but is not limited to:

(1) Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived.

(2) Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances.

(3) Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant, which is a controlled substance.

(4) Testing equipment used, intended for use, or designed for use identifying or in analyzing the strength, effectiveness or purity of controlled substances.

(5) Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances.

(6) Diluents and adulterants, such as quinine hydrochloride, mannitol, rannite, dextrose and lactrose, used, intended for use, or designed for use in cutting controlled substances.

(7) Blenders, bowls, containers, spoons, and mixing devices used, intended for use, or designed for use in packaging small quantities of controlled substances.

(8) Capsules, balloons, envelopes and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances.

(9) Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances.

(10) Hypodermic syringes, needles and other objects used, intended for use, or designed to inject controlled substances into the human body.

(11) Objects or devices used, intended for use, or designed for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish, hashish oil or other controlled substance into the human body. Examples include: metal, wooden, acrylic, glass, stone, plastic, ceramic pipes with or without a screen, permanent screens, hashish heads, or punctured metal bowls; water pipes; smoking masks or carburetor tubes, pipes, masks, or devices; chamber pipes, electric pipes, miniature cocaine spoons or cocaine vials; roach clips; or similar devices or objects.

In determining whether a specific object or device is drug paraphernalia, several factors may be considered. Factors to be considered include instructions, descriptive materials, advertising accompanying the object or device; statements by the owner or other direct or circumstantial evidence concerning its use, proposed use, or proposed sale; the proximity of any controlled substance to the object or device, or the presence of any controlled substance. In determining whether a specific object or device is drug residue on the object or device; the manner in which it is displayed or offered for sale; expert testimony concerning its use.

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

1161.03 DRUG PARAPHERNALIA ESTABLISHMENTS AS PROHIBITED USES.

No drug paraphernalia establishment shall be established or operated within the City.

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

1161.99 PENALTY.

Any person who establishes, operates, or maintains a drug paraphernalia establishment shall be guilty of a misdemeanor of the first degree.

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

1163.01 PURPOSE.

The purpose of this chapter is to promote and protect the public health, welfare, and safety by regulating existing and proposed signs. It is intended to protect property values, create a more visually attractive economic and business climate, and enhance and protect the physical appearance of the community. It is further intended to reduce sign or advertising clutter, distraction, and obstructions that may contribute to traffic accidents.

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

1163.02 GOVERNMENT SIGNS EXCLUDED.

For the purposes of this Ordinance, “sign” does not include signs erected and maintained pursuant to and in discharge of any governmental function, or required by any law, ordinance, or governmental regulation.

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

1163.03 GENERAL REQUIREMENTS FOR ALL SIGNS.

The regulations contained in this section shall apply to all signs and all use districts.

(a) No sign shall be illuminated by or contain flashing, intermittent, rotating, or moving light or lights.

(b) No sign shall employ any parts or elements which revolve, rotate, whirl, spin, or otherwise make use of motion to attract attention.

(c) All wiring, fittings, and materials used in the construction, connection, and operation of electricity illuminated signs shall be in accordance with the provisions of the local/state electric code in effect.

(d) No sign shall be erected or maintained at any location where by reason of its position, illumination, size, shape, or color it may obstruct, impair, or interfere with the view of, or be confused with any authorized traffic control signal, sign, or device.

(e) No sign shall contain or make use of any phrase, symbol, shape, form, or character in such a manner as to interfere with, mislead, or confuse moving traffic.

(f) No sign shall be placed on the roof of any building, except for signs whose supporting structure is screened so the sign appears to be a continuation of the face of the building.

(g) No sign of any classification shall be installed, erected, or attached in any form, shape, or manner to a fire escape or any door or window giving access to any fire escape.

(h) No sign shall be placed in any public right-of-way except publicly owned signs, such as traffic control signs and directional signs.

(i) All signs shall be secured in such a manner as to prevent significant movement due to wind.

(j) No sign shall contain words, images, or graphic illustrations of an obscene or indecent nature.

(k) No sign shall be located nearer than eight (8) feet vertically or four (4) feet horizontally from any overhead electrical wires, conductors, or guy wires.

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

1163.04 PERMIT REQUIREMENT.

Any sign existing as of December 3, 2001, and on that date constituted a “non-conforming use” as defined by Section 1105.02 shall be permitted to continue until one or more of the following events occur:

(a) Section 1163.08 of these regulations is violated or,

(b) Ownership of the lot on which the sign is located is transferred by sale, gift, inheritance, or other such conveyance or,

(c) The sign has weathered in the opinion of the inspector to a point where the sign is no longer effective or is in need of repainting/relettering, or

(d) The sign has been damaged or defaced, regardless of cause, to the extent that it is in need of repair or replacement.

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

1163.05 SIGNS FOR WHICH NO PERMIT IS REQUIRED.

The erection and maintenance of the following sign types shall not require the issuance of a permit from the City:

(a) Signs advertising the sale, lease, or rental of the premises upon which the sign is located not exceeding six (6) square feet in area. Such a sign, however, must be removed within ten (10) days after the premise is sold or occupied.

(b) Professional name plates not exceeding four (4) square feet in area.

(d) Political signs not exceeding six (6) square feet in area.

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

1163.06 SPECIAL SIGN SIZE REQUIREMENTS.

(a) Signs or bulletin boards customarily incidental to places of worship, libraries, museums, social clubs, or societies shall not exceed twelve (12) square feet in area. Only one sign per street frontage shall be permitted.

(b) In the COM, CBD, and IND districts, each business shall be permitted one flat or wall on-premises sign not exceeding thirty (30) square feet in area. Wall signs shall not project more than two (2) feet from the face of the building.

(c) In the COM, CBD, and IND districts, each business shall be permitted one on- premises canopy sign. Canopy signs shall not be greater than four (4) feet in width and eight (8) inches in depth. Canopy signs shall be mounted at least eight (8) feet above the sidewalk, as measured from the sidewalk to the bottom of the sign.

(d) In the IND district, two off-premises signs with a total area not exceeding three hundred (300) square feet may be permitted at a single location. All off-premises signs shall conform to the yard and height regulations applicable in industrial districts.

(e) Free standing signs shall be permitted in commercial and industrial districts subject to the rules found in Section 1163.11.

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

1163.07 SPECIAL YARD PROVISIONS.

Signs shall be erected or placed in conformity with the side and rear yard requirements of the district in which located. Free standing signs must comply with Section 1163.11.

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

1163.08 MAINTENANCE.

All signs shall be maintained in a safe and sound structural condition at all times and shall be presentable. The Zoning Inspector may remove any on-premises sign, which is determined to be unsafe or structurally unsound ten (10) days after issuance of notification of its condition to its owner. Please refer to International Zoning Code 1004.7.

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

1163.09 NON-CONFORMING SIGNS.

Advertising signs and structures in existence prior to the effective date of this Ordinance which violate or are otherwise not in conformance with the provisions of this chapter shall be deemed non-conforming. All such non-conforming signs and structures shall be maintained in accordance with this chapter. The burden of establishing the legal non-conforming status of any sign shall be upon the owner of the sign.

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

1163.10 POLITICAL SIGNS.

No political sign shall be posted in any place or in any manner that is destructive to public property upon posting or removal. No political sign shall be posted in a public right-of-way. No political sign shall be posted on a utility pole. Political signs shall be removed within fourteen (14) days after Election Day.

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

1163.11 FREE STANDING SIGNS.

The following regulations apply to all free standing or pole signs:

(a) No part of any free standing or pole sign shall be erected to a height greater than that specified for accessory structures in the district in which the sign is located.

(b) No free standing or pole sign shall be permitted in the Central Business District, any residential district or on any lot used for residential purposes.

(c) The minimum setback from the front property line shall be five feet for all free standing or pole signs with a total area of less than sixty square feet. Signs with a total area in excess of sixty square feet shall have a setback of thirty feet from the front property line.

(d) The minimum setback from the side and rear property lines for all free standing and pole signs shall be ten feet.

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

1163.12 TEMPORARY SIGNS.

Temporary signs not exceeding thirty-two (32) square feet in area, announcing special public or institutional events, the erection of a building, the architect, the builders, or contractors may be erected for a period of sixty (60) days plus any construction period. Such temporary signs shall conform to the general requirements, setback requirements, and other standards necessary to accomplish the intent of this chapter.

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

1163.13 PORTABLE SIGNS.

A portable sign may be displayed in any district for a maximum of thirty (30) consecutive days. A “portable sign” means a sign that easily is transported and includes signs on trailers. Portable signs are typically used for grand openings, sales events, and similar events. (Ord. 07-8. Passed 3-19-07.)

1163.14 CANOPY SIGNS.

Signs suspended from canopies extending over a sidewalk shall not be greater than four (4) feet in width and eight (8) inches in depth. Canopy signs shall be mounted at least eight (8) feet above the sidewalk, as measured from the sidewalk to the bottom of the sign.

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

1163.15 APPLICATION FOR SIGN PERMIT.

Application for a sign permit shall be made in writing on a form supplied by the City and shall be accompanied with the application fee established by the City in a separate ordinance. (Ord. 07-8. Passed 3-19-07.)

1163.16 ATTACHING SIGNS OR FLYERS TO BUILDINGS, POLES OR TRAFFIC SIGNAL DEVICES.

Attaching of signs, posters, flyers or similar materials to buildings, poles, traffic signal devices and other municipal owned property is strictly prohibited.

Any violations of this section shall be subject to the same penalties as provided in Section 1115.02(d) .

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

New Lexington City Zoning Code

TITLE FIVE

Additional Zoning Regulations

CHAPTER 1165 Medical Marijuana (Repealed)

(EDITOR’S NOTE: Former Chapter 1165 was repealed by Resolution 21-26, passed November 15, 2021.)

CHAPTER 1167 Homeless Shelter Overlay Zone (Repealed)

(EDITOR’S NOTE: Former Chapter 1167 was repealed by Ordinance 23-8, passed July 3, 2023.)

TABLE 1 NEW LEXINGTON PROPOSED USES

	DISTRICT
USE	R1	R2	R3	COMMERCIAL	CENTRAL BUSINESS	INDUSTRIAL
SINGLE-FAMILY DWELLING	P	P	P	P	P
TWO-FAMILY DWELLING			P	P	P
MULTIPLE-FAMILY DWELLING			P	P	P
MOBILE HOMES			P	P
MOBILE HOME PARKS			S	S
NON TRANSIENT BOARDING & ROOMING			P	P	P
DORMITORIES, NURSING HOMES			P	P	P
NON TRANSIENT RESIDENTIAL HOTELS			P	P	P
GROCERY, MEAT, FRUITS, CARRY-OUT			P	P	P	P
DELICATESSEN STORES (5000 SQ FT OR LESS)			P	P	P	P
BAKERY, DAIRY, EGG RETAIL (5000 SQ FT OR LESS)			P	P	P	P
DRUGS, PROPRIETARY & VARIETY STORES			P	P	P	P
BEAUTY & BARBER SHOPS			P	P	P	P
SELF SERVICE LAUNDRY & DRY CLEANING			P	P	P	P
LAUNDRY & DRY CLEAN PICK-UP STATION				P	P
BANKS, SAVINGS & LOANS				P	P
CREDIT & FINANCE RELATED BUSINESS				P	P	P
COLLECTION AGENCIES, INVESTMENT & CONSUMER SERVICES				P	P	P
INSURANCE, REAL ESTATE, TITLE OFFICES		H	H	P	P	P
ADMINISTRATIVE & SALES OFFICES		H	H	P	P	P
GOVERNMENT OFFICES				P	P	P
DETECTIVE & PROTECTIVE AGENCIES				P	P	P
PHYSICIANS OFFICES		H	H	P	P	P

P = permitted use S = special use H = home occupation is permitted

	DISTRICT
USE	R1	R2	R3	COMMERCIAL	CENTRAL BUSINESS	INDUSTRIAL
DENTIST OFFICES		H	H	P	P	P
ENGINEERING, ARCHITECTURAL, URBAN PLANNING SERVICES		H	H	P	P	P
MANUFACTURED HOME & DOUBLE WIDE	P	P	P	P	P	P
ACCOUNTING, AUDITING SERVICES	H	H	H	P	P	P
ATTORNEYS OFFICES		H	H	P	P	P
CHIROPRACTORS OFFICES		H	H	P	P	P
VETERINARIAN OFFICES				P	P	P
UTILITY SERVICES OFFICES				P	P	P
TELEGRAPH & TELEPHONE EXCHANGES				P	P	P
RADIO STATIONS				P	P	P
TELEVISION STATIONS				P	P	P
TRAVEL & TICKET OFFICES				P	P	P
MAILING SERVICES		H	H	P	P	P
BLUEPRINT & PHOTOCOPY SERVICES				P	P	P
EMPLOYMENT & PLACEMENT OFFICES				P	P	P
BUSINESS CONSULTING SERVICES		H	H	P	P	P
ASSOCIATION & CLUB OFFICES				P	P	P
LABOR, CIVIC, FRATERNAL OFFICES				P	P	P
GROCERY, FISH, MEAT, FOOD STORES			P	P	P	P
BAKERY, DAIRY, ICE CREAM, DAIRY RETAIL			P	P	P	P
RESTAURANT & EATING PLACES			P	P	P	P
DRUGS, PROPRIETARY & VARIETY STORIES			P	P	P	P
ANTIQUE, NOVELTY SHOPS			P	P	P	P
STATIONARY, BOOK, JEWELRY STORES			P	P	P	P
CAMERA, PHOTO STUDIO SHOPS		H	P	P	P	P
WATCH REPAIR SHOP		H	P	P	P	P
SPORTING GOODS STORES			P	P	P	P

P = permitted use S = special use H = home occupation is permitted

	DISTRICT
USE	R1	R2	R3	COMMERCIAL	CENTRAL BUSINESS	INDUSTRIAL
OFFICE SUPPLY STORES			P	P	P	P
CLOTHING, SHOE, TAILOR STORES			P	P	P	P
HOUSEHOLD GOODS STORES			P	P	P	P
HARDWARE, PAINT, GLASS STORES			P	P	P	P
DRAPERY, CHINA, APPLIANCE STORES			P	P	P	P
HOUSEHOLD REPAIR STORES			P	P	P	P
GENERAL MERCHANDISE STORES			P	P	P	P
BOAT, MOBILE HOME SALES & SERVICE STATIONS			P	P	P	P
FLORIST & HAT SHOPS			P	P	P	P
PRINTING, PUBLISHING				P	P	P
TAVERNS, NIGHT CLUBS, LIQUOR RETAIL				P	P	P
POOL HALLS, BOWLING ALLEYS				P	P	P
TRADE SCHOOLS				P	P	P
ART, MUSIC, DANCING SCHOOLS				P	P	P
SKATING, MINIATURE GOLF & DRIVING RANGE			P	P	P
MOVIE THEATERS, PENNY ARCADES				P	P	P
GO CART & COMMERCIAL RACE TRACKS				S
DRIVE-IN MOVIES, AMUSEMENT PARKS				P		P
RIDING STABLES				P		P
DANCE HALLS, PRIVATE LODGES				P	P	P
FRATERNAL LODGES				P	P	P
GENERAL & HEALTH RESORTS				P	P	P
TRANSIENT BOARDING & ROOMING HOUSES				P	P	P
MOTELS, HOTELS, TOURIST COURTS				P	P	P
TRAILER CAMPS & TRAVEL TRAILER PARKS				S		S
AUTOMATS, SELF-OPERATING CAR WASHES				P	P	P

P = permitted use S = special use H = home occupation is permitted

	DISTRICT
USE	R1	R2	R3	COMMERCIAL	CENTRAL BUSINESS	INDUSTRIAL
TRUCK STOPS				P		P
FARM EQUIPMENT SALES & SERVICE				P		P
FRUIT STANDS, GREENHOUSES				P		P
ANIMAL HOSPITALS				P	P	P
WAREHOUSING & STORAGE DIRECTLY RELATED TO RETAIL OUTLETS				P	P	P
WHOLESALE, DISTRIBUTION & STORAGE EXCEPT VOLATILE MATERIALS				P	P	P
EXPLOSIVE, VOLATILE MATERIALS STORAGE & DISTRIBUTION						P
FREIGHT & TRANSFER TERMINALS						P
COMMERCIAL GARAGING OF VEHICLES				P	P	P
AIR FREIGHT TERMINALS						P
INDUSTRIAL WAREHOUSING						P
LUMBER SALES & STORAGE				P		P
BUS, TAXI-CAB, FARM EQUIPMENT STORAGE & REPAIR				P	P	P
AUTO REPAIR				P	P	P
ELECTRICAL, APPLIANCE, UPHOLSTERY, CARPENTRY, SHEET METAL SHOPS				P	P	P
BROOM, WINDOW SHADE MFG.						P
OFFICE & SERVICE INDUSTRY MACHINES MFG.						P
PHOTOENGRAVING, TYPESETTING					P	P
PENCILS, ART SUPPLY & SIMILAR MFG.						P
JEWELRY, BUTTONS, NOTIONS MFG.						P
PAPER, BOOK, NEWSPAPER PRINTING & MFG.						P
SIGN & DIE CUT PRODUCTS						P
COMMERCIAL LAUNDRY, DRY CLEANING				P	P	P
LINEN SUPPLY & INDUSTRIAL LAUNDRY				P	P	P
MILK, BAKERY PRODUCTS MFG.				P	P	P

P = permitted use S = special use H = home occupation is permitted

	DISTRICT
USE	R1	R2	R3	COMMERCIAL	CENTRAL BUSINESS	INDUSTRIAL
SOFT DRINK & BOTTLING WORKS				P		P
TV, RADIO, TRANSMISSION STATIONS				P	P	P
PUBLIC UTILITY SUBSTATIONS	P	P	P	P	P	P
MACHINERY, OFFICE FURNITURE MFG.						P
GENERAL METAL FABRICATION						P
FIBER & CLOTHING & MATERIAL MFG.				P		P
NON-METALLIC GOODS MFG. SUCH AS GLASSWARE, CERAMICS,PAPERBOARD, PORCELAIN NUTS AND BOLTS, ETC.						P
FOOD PRODUCTS MFG. & PROCESSING						P
ELECTRICAL EQUIPMENT MFG.						P
INSTRUMENT & MISC. MFG.						P
MACHINERY TESTING LABORATORIES						P
INORGANIC & ORGANIC INDUSTRIAL CHEMICALS MFG. & PROCESSING						P
PAINT, FINISHING MATERIAL, EXPLOSIVE, PETROLEUM MFG. & PROCESSING						P
AMMUNITION, ORDINANCE EQUIPMENT MFG.						P
PETROLEUM PRODUCTS STORAGE & DISTRIBUTION						P
COAL & FUEL STORAGE						P
GRAIN PRODUCTS RENDERING						P
BIOLOGICAL, MEDICAL, CLEANING SUPPLIES MFG.						P
INDUSTRIAL & AGRICULTURAL CHEMICALS PLASTICS, RUBBER, LUMBER PROCESSING & MFG.						P
PRIMARY METAL PROCESSING & MFG.						P
RAIL EQUIPMENT MFG.						P
INCINERATORS, LANDFILL SITES						P
BUILDING PRODUCTS & MATERIAL MFG.						P

P = permitted use S = special use H = home occupation is permitted

	DISTRICT
USE	R1	R2	R3	COMMERCIAL	CENTRAL BUSINESS	INDUSTRIAL
LIVESTOCK WHOLESALE & STORAGE						P
FISH CLEANING & RENDERING						P
NATURAL RESOURCE MINING						P
OIL & NATURAL GAS WELLS						P
PARKS, PLAYGROUNDS, TOTLOTS	S	P	P	P	P	P
GOLF COURSES (PUBLIC & PRIVATE)			P	P		P
STADIUM, FAIRGROUNDS, ATHLETIC FIELDS			P	P		P
WILDLIFE & FOREST PRESERVES						P
AMPHITHEATRE AUDITORIUMS, MUSIC HALLS				P	P	P
YMCA, YWCA & SIMILAR RECREATION				P	P	P
SCHOOLS (ALL LEVEL - PUBLIC & PRIVATE)		P	P	P	P
LIBRARIES, MUSEUMS, ETC.		P	P	P	P
HISTORIC SITES, MONUMENTS		P	P	P	P	P
BAIT STORES, MARINE SUPPLIES				P		P
TENNIS, SWIMMING, SIMILAR ACTIVITY		P	P	P	P	P
HUNTING & FISHING CLUBS				P	P	P
HOSPITALS, CLINICS, REST HOMES & SANITARIUMS & THE LIKE		S	P	P	P
ORPHANAGES, CHILDREN’S HOME		S	P	P	P
CORRECTIONAL INSTITUTIONS, PRISONS						P
EMERGENCY & CHARITABLE SERVICES				P	P	P
CHURCHES, CEMETERIES	S	P	P	P	P	P
GOVERNMENTAL SERVICE BUILDINGS				P	P	P
RAIL, BUS, AIR TERMINALS				P	P	P
AIRPORTS, HELIPORTS				S		S

P = permitted use S = special use H = home occupation is permitted

PLANNED UNIT DEVELOPMENT

(PERMITTED AS PROVIDED FOR IN SECTIONS 234, 235, 236 IN ALL DISTRICTS)

1153.01 LOT WIDTH.

(b) Lot Width. Lot width shall be measured along the minimum building setback line of the district within which such lot is located.

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

1153.02 FRONT YARDS.

(b) Front Yard Measurements. Front yard depth shall be measured from the right-of- way line of the street or highway to the building line.

(c) Open Porches. An open, uncovered porch or paved terrace may not project into the required front yard for distance of greater than fourteen (14) feet.

(d) Architectural Features. Cornices, canopies, eaves, pilasters, sills or other architectural features may project into a front yard no more than three (3) feet.

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

1153.03 SIDE YARDS.

(a) Measurement. Side yard width shall be measured from the nearest side lot line to the building line.

(b) Open Porches. In a residential district, an open, uncovered porch or paved terrace may project into a required side yard, if a minimum of five (5) feet is maintained to any adjoining lot line.

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

1153.04 REAR YARDS.

(b) Accessory Uses or Structures. Accessory uses or structures may be allowed in a rear yard, subject to requirements of Section 1155.01 .

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

1153.05 HEIGHT.

Height regulations specified in the various zoning districts shall not apply to chimneys, tanks, cupolas, silos, domes, spires, or similar structures.

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

1155.01 RESIDENTIAL ACCESSORY BUILDINGS AND/OR STRUCTURES.

(c) The total area of accessory uses or structures shall not exceed 720 square feet, except for swimming pools which shall be exempted from these area requirements. (Ord. 07-8. Passed 3-19-07.)

1155.02 PRIVATE SWIMMING POOLS.

(a) The pool is intended to be used solely by the occupants of the principal use of the property on which it is located.

(b) Such pool, including any walks, paved areas, and appurtenances thereto, shall not be located in any front yard, or closer than ten (10) feet to any property line or structure.

(e) No portable or permanent pool shall be installed in the front yard.

(Ord. 07-8. Passed 3-19-07; Ord. 2007-13. Passed 8-13-07.)

1155.03 RESIDENTIAL FENCES AND/OR HEDGES.

(a) Height and Location. The permitted height of a fence or wall shall be determined by its location on the property as follows:

(2) A fence or wall not exceeding seventy-two inches (72") in height may be erected in any area of the lot behind the building setback line.

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

1155.04 HOME OCCUPATIONS.

(a) The use shall be clearly incidental and secondary to residential use of the dwelling and not more than thirty percent (30%) of dwelling unit floor area is devoted to the home occupation.

(b) The home occupation shall not generate greater vehicular traffic volume than is normal for a residential neighborhood.

(c) Not more than one (1) person, other than immediate family residing at the premises, shall be employed in such occupation.

(d) No equipment or process shall be used in the home occupation, which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to normal senses off the lot.

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

1155.05 GROUP RESIDENTIAL FACILITIES.

(a) The facility shall obtain all approvals and/or licenses as required by the State.

(b) The facility shall provide 24-hour supervision by trained and qualified professional personnel.

(c) No exterior alterations of the structure shall be made which would be inconsistent with the residential character of the residential structures in the surrounding neighborhood.

(d) The facility shall comply with the district regulations applicable to other properties in the zoning district in which they are located.

(e) Such facilities shall be required to provide appropriate sleeping quarters without using normal living areas, such as living rooms, dining room or kitchen for sleeping.

(f) Such facilities shall meet all applicable local and/or state building, safety and fire safety requirements for the proposed use and level of occupancy.

(g) Such facilities shall be reasonably accessible, by virtue of location or transportation provided by the applicant, to medical, recreational and retail services, and employment opportunities.

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

1155.06 DOGS.

Not more than two (2) dogs or two (2) cats per lot may be housed outside in residential districts. (Ord. 07-8. Passed 3-19-07.)

1155.07 FACTORY BUILT HOUSING.

(b) General Requirements. Factory-built housing shall comply with the following requirements:

(2) All hitches, axles, wheels, and conveyance mechanisms shall be removed from the structure.

(3) The structure shall be oriented on the site so its long axis is parallel with the street, and it shall have an entranceway facing the street.

(5) The site shall be suitably landscaped, with adequate screening devices.

(6) The siting of the structure shall comply with all yard and setback requirements of the district in which it is located.

(7) The siting of the structure shall comply with all parking requirements in effect for the district for which it is proposed.

(8) The site shall be serviced by utilities in such manner as required by Ordinance.

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

1157.01 PURPOSE.

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

1157.02 PROVISION FOR PARKING AND LOADING REQUIRED.

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

1157.03 GENERAL REQUIREMENTS.

(a) Access. All off-street parking and loading areas provided in accordance with this Section shall have direct access to a publicly dedicated and improved street or alley.

(i) Maintenance. Any owner of property used for parking areas shall maintain such areas in good condition without holes and free of all dust, trash, or other debris.

(j) Signs. Where necessary due to multiple curb cuts, the entrances, exits, and the intended circulation pattern of the parking area shall be clearly marked.

(k) Screening. All off-street parking and loading areas shall be screened on each side of the parking and loading area that abuts a residential district.

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

1157.04 PARKING AND LOADING SPACE DIMENSIONS.

(a) Parallel Parking Spaces. Each parallel parking space shall be at least 9 feet wide and 22 feet long. The width of the driveway aisle shall be at least 12 feet wide.

(b) 90 Parking Space. Each 90 parking space shall be at least 9 feet wide and 20 feet long. The width of the driveway aisle shall be at least 25 feet wide.

(c) 60 Parking Space. Each 60 parking space shall be at least 10 feet wide and 18 feet long. The width of the driveway aisle shall be at least 17.5 feet wide.

(d) 45 Parking Space. Each 45 parking space shall be at least 12 feet wide and 17 feet long. The width of the driveway aisle shall be at least 13 feet wide.

(e) Loading Space. Each loading space shall be at least 12 feet wide and 65 feet long. The vertical clearance of each space shall be at least 14 feet.

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

1157.05 OFF-STREET LOADING SPACE REQUIREMENTS.

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

1157.06 HANDICAPPED PARKING SPACE REQUIREMENTS.

Total Spaces in Lot/Structure	Number of Designated Accessible Spaces
Up to 100	One space per 25 parking spaces
101 to 200	4 spaces, plus one per 50 spaces over 100
201 to 500	6 spaces, plus one per 75 spaces over 200
Over 500	10 spaces, plus one per 100 spaces over 500