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New Middletown City Zoning Code

TITLE SEVEN

Zoning Uses

CHAPTER 1161 "C-1" Industrial Districts

      EDITOR’S NOTE: Former Chapter 1161 was repealed by Ordinance 1996-10, passed July 8, 1996.
CROSS REFERENCES
Off-street parking - see Ohio R. C. 717.05, 717.06
Height and bulk regulations - see P. & Z. 1173.07
Trailer parks prohibited - see P. & Z. 1175.02
 
 
 

CHAPTER 1163 "D" Sanitary District

   EDITOR’S NOTE: Former Chapter 1163 was repealed by Ordinance 1996-11, passed July 8, 1996.
CROSS REFERENCES
Height and bulk regulations - see P. & Z. 1173.08
Trailer parks prohibited - see P. & Z. 1175.02
 
 
 

1151.01 PERMITTED USES.

   Within any residence district, no building or premises shall be used, erected, altered, arranged or designed to be used in whole or in part, except for one or more of the following specified uses as set forth in this chapter:
   (a)   Single-family dwelling, provided that no dwelling shall contain less than 1,000 sq. feet of floor space.
   (b)   Farming or gardening.
   (c)   Condominiums, schools, libraries, museums, parks, playgrounds, community centers, government buildings, and places of worship when approved by the Planning Commission after a public hearing.
      (Ord. 1998-2. Passed 3-9-98.)

1151.02 ACCESSORY USES.

   There shall be permitted any accessory use customarily incident to any of the above permitted uses, but not including the conduct of a business or industry or any driveway or walk giving access thereto, including:
   (a)   A private garage on the same lot or within the building to which it is accessory and in which garage no business or industry is conducted. Garage space may be provided for no more than two motor vehicles on any lot, except that for each two-thousand five-hundred (2500) sq. feet of lot area in excess of six thousand (6000) sq. feet, space for one additional motor vehicle may be provided. Only one commercial vehicle of not more than one-half (1/2) ton rated capacity may be kept, parked, stored or housed at or on any lot. No part of any garage shall be used for residence purposes, except that domestic servants of the occupant of the principal building may have quarters in such garage.
   (b)   The office or studio of a physician, dentist, lawyer, engineer, architect, beautician, musician, real estate agent, insurance agent or other like professional person may be located in the dwelling used by such professional person as a residence; provided no more than two (2) rooms or one-half (1/2) the floor area of one story of such residence is devoted to such use; provided further, that there is no display visible from the street, nor sign board used to advertise such use except as permitted in paragraph (b) of this section.
   (c)   Customary home occupations carried on in the residence of the occupant and not in an accessory building; provided no more than two (2) rooms or one-half (1/2) the floor area of one story is devoted to such uses; provided further, that there is no display visible from the street, nor sign board used to advertise such use except as permitted in Section 1151.03.
(Ord. 1989-7. Passed 7-27-89.)

1151.03 SIGNS.

   No advertising sign or billboard shall be permitted in an “R” Limited Residential District except for real estate signs and church or institutional signs.
(Ord. 2000-04. Passed 10-9-00; Ord. 2018-06. Passed 9-10-18.)

1151.04 CONDOMINIUMS.

   The following guidelines and requirements shall be satisfied prior to the Planning Commission granting a conditional use permit for condominiums in accordance with Section 1151.01(c):
   (a)   No permit may be issued for any condominium construction unless a site plan for the same has been submitted to the Site Review Committee in accordance with Ordinance 1996-20 and to the Village Planning Commission for approval, after a public hearing.
   (b)   A conditional use permit issued in accordance with this section shall contain the following conditions and shall require that the declaration of condominium filed in accordance with Chapter 5311 of the Ohio Revised Code shall contain the following provisions:
      (1)   Prohibiting detached storage barns or storage sheds and any accessory uses not specifically identified as permitted in the conditional use permit; and
      (2)   Requiring that all automobiles, trucks, motor vehicles, recreational vehicles, campers, boats or boat, travel or utility trailers be garaged.
   (c)   A conditional use permit issued in accordance with this shall also require the developer and the condominium owners to comply with the following conditions:
      (1)   All trash containers shall be in enclosed areas so as not to be visible from any street or adjoining property;
      (2)   All driveways shall be curbed in accordance with the Subdivision Regulations adopted by the Village; and
      (3)   The condominium development must contain four additional parking spaces for visitors for every three units, which parking spaces must be located in immediate proximity to the units being served. All parking shall be at least as far from any road or street as the front setback requirement for the zoning district in which the development is located. In all other respects, parking shall be installed in accordance with the Subdivision Regulations adopted by the Village.
   (d)   The minimum square footage for each unit shall be the same as required for single family dwellings contained in Section 1151.01.
   (e)   No more than sixty percent (60%) of the land comprising the development shall be used for construction of the condominium units, including garages. At least forty percent (40%) of the land shall be used for common areas and open space; provided, however, that at least twenty percent (20%) of the common areas shall be comprised of lawn or landscaped areas, excluding landscaped islands located in parking lots.
   (f)   To the extent applicable, all provisions of Chapters 1171, 1173 and 1175 shall be complied with.
   (g)   Prior to issuance of any zoning permit, an owner must dedicate such additional rights of way and other sewer, drainage and utility easements as may be necessary.
      (Ord. 1998-2. Passed 3-9-98.)

1153.01 PERMITTED USES.

   Within "R-1" Residential District no building or land shall be used, and no building shall be erected, altered or designed in whole or in part, except for one or more of the following uses:
   (a)   Any use permitted in a "R" Residential District.
   (b)   Neighborhood business for retail of groceries, dairy products, fruits, vegetables, meats, magazines, newspapers, smoking tobacco, flowers, and similar items; when approved by the Planning Commission after a public hearing.
      (Ord. 1992-15. Passed 2-25-93; Ord. 2018-06. Passed 9-10-18.)

1153.02 ACCESSORY USES.

   Uses that are incidental to the above permitted uses are permitted and are limited to the following:
   (a)   A private garage on the same lot or within the building to which it is accessory and in which garage no business or industry is conducted. Garage space may be provided for no more than two motor vehicles on any lot, except that for each 1500 square feet of lot area in excess of 5,000 square feet, space for one additional motor vehicle may be provided. Only one commercial vehicle of not more than one ton rated capacity may be kept, parked, stored or housed at or on any lot and such commercial vehicle must be kept, parked, stored or housed within an enclosed garage. No part of any garage shall be used for residence purposes, except that domestic servants of the occupant of the principal building may have quarters in such garage.
   (b)   The office or studio of a physician, dentist, lawyer, engineer, architect, beautician, musician, real estate agent, insurance agent or other like professional person may be located in the dwelling used by such professional person as a residence; provided no more than two rooms or one-half the floor space of one story of such residence is devoted to such use; provided further, that there is no display visible from the street, nor sign board used to advertise such use except as permitted in Section 1153.03.
   (c)   Customary home occupations carried on in the residence of the occupant and not in an accessory building; provided no more than two rooms or one-half the floor area of one story is devoted to such use; provided further, that there is no display visible from the street, nor sign board used to advertise such use except as permitted in Section 1153.03.
      (Ord. 1989-7. Passed 7-27-89.)

1153.03 SIGNS.

   No advertising sign or billboard shall be permitted in an “R-1” Residential District except for real estate signs, home occupation signs and church or institutional signs.
(Ord. 2000-04. Passed 10-9-00; Ord. 2018-06. Passed 9-10-18.)

1155.01 PERMITTED USES.

   Within "R-2" Residential District(s), no building or land shall be used, and no building shall be erected, altered or designed in whole or in part, except for one or more of the following uses.
   (a)   Any use permitted in "R" or "R-1" Residential District(s).
   (b)   The following buildings and uses when approved by the Planning Commission.
      (1)   Hospitals and clinics, excepting veterinary hospitals and clinics.
      (2)   Installations of a philanthropic nature.
      (3)   Private clubs, fraternities, sororities, lodges, recreation centers, excepting those the chief activity of which is a service customarily carried on as a business.
      (4)   Hotels, in which business may be conducted for the sole convenience of the occupants of the buildings; provided, however, there shall be no entrance to such place of business, except from the inside of the building.
      (5)   Funeral Houses and mortuaries, excluding crematories.
      (6)   Accessory buildings and uses customarily incident to any of the above uses when located on the same lot and not involving the conduct of the separate business.
         (Ord. 1989-7. Passed 7-27-89; Ord. 1996-12. Passed 7-8-96; Ord. 2018-06. Passed 9-10-18.)

1155.02 ACCESSORY USES.

   Uses that are incidental to the above permitted uses are permitted and are limited to the following:
   (a)   Same as Residential "R-1" District.
(Ord. 1989-7. Passed 7-27-89; Ord. 2018-06. Passed 9-10-18.)

1155.03 SIGNS.

   (a)   Same as Residential "R-1" District.
(Ord. 1989-7. Passed 7-27-89; Ord. 2018-06. Passed 9-10-18.)
 
 
 

1157.01 PERMITTED USES.

   Within a “BC” Business and Commercial District no building or land shall be used, and no building shall be erected, altered or designed in whole or in part, except for one or more of the following uses:
   (a)   Any uses permitted in a residential district.
   (b)   The retail sale or handling of food and beverages of all kinds, including sale for consumption on the premises.
   (c)   The retail sale of general merchandise, including department stores.
   (d)   The retail sale of apparel of all kinds.
   (e)   The retail sale of furniture and household goods.
   (f)   The retail sale of hardware and appliances.
   (g)   Restaurants, tavern, and cafeterias, except for drive-thru restaurants.
   (h)   The retail sale of drugs, cosmetics, confections, tobacco, newspapers, magazines and incidental items.
   (i)   Beauty or barber shops.
   (j)   Custom tailors, laundry or dry cleaning agencies, self-service laundries, and show repair shops.
   (k)   Radio or television repair shops.
   (l)   The following buildings and uses, when approved by the Planning Commission, and when used and maintained in conformity with any special conditions specified in such approval.
The special conditions imposed may include but not be limited to limitations on the number of persons employed; the parking space required; adequacy of building and facilities; and the general activity created.
      (1)   Dry cleaning, pressing or tailoring in which only non-toxic, non explosive and non-flammable solvents are used and no work is done on the premises for trail outlets elsewhere.
      (2)   Newspapers, and print shops.
      (3)   Electric motor repair or electric contractors shop.
      (4)   plumbing contractors shop.
      (5)   Industrial engineering offices or laboratories, commercial laboratories, radio or television station or telephone exchange.
   (m)   Business offices: Real estate, insurance and other similar offices; and the office of architects, engineers, lawyers, doctors, dentists, musicians, or other established recognized profession; office buildings, banks, business colleges, or private trade schools.
   (n)   Automotive service: Public garages, or service stations, or lots or garages for the sale of new or used motor vehicles, when approved by the Planning commission after public hearings and when used and maintained in conformity with any conditions specified in such approval.
   (o)   Advertising signs or billboards erected in accordance with Chapter 1177.
   (p)   Amusement and recreation: Assembly hall, bowling alley, dance hall, pool and billiards, theater, card room, or other social or recreation center, provided the place or building in which same is located is sufficiently soundproofed to effectively confine undesirable noise to the premises.
   (q)   Transportation service: Railroad station or bus passenger station when approved by the Planning Commission after public hearing and when used and maintained in conformity with any conditions specified in such approval.
   (r)   Any use customarily incident to a use authorized by this Section, except that no used specified in Section 1173.07 as prohibited or permitted only by special permit in a “L-1” Light Industrial District nor any other use which may be obnoxious or offensive by reason of emission of odor, dust, smoke, gas, noise, vibration or shock waves, shall be permitted in this District.
   (s)   Any other building, use or service similar to the uses herein listed in the type of services or goods sold, in the number of persons or cars attracted to the premises, or in the effect upon adjacent property, provided however, that such buildings, use or service shall not be permitted unless approved by the Planning Commission and if approved the same shall be used and maintained in conformity with any special conditions specified in such approval.
(Ord. 2000-04. Passed 10-9-00; Ord. 2018-06. Passed 9-10-18.)

1157.02 ACCESSORY USES.

   Uses that are incidental to the above permitted uses are permitted and are limited to the following:
   (a)   Parking vehicles owned by customers, clients, patients or employees.
   (b)   Storage of supplies and merchandise within an enclosed building provided such merchandise is in connection with the operation of a permitted business on such premises.
   (c)   Signs erected in accordance with Chapter 1177.
      (Ord. 2000-04. Passed 10-9-00.)

1157.03 APPROVAL OF BUILDING OR ALTERATION PLANS REQUIRED.

   Where any of the above permitted uses require the construction, extension or exterior alteration of a building, no building permit shall be issued unless the Board of Zoning Appeals has approved the Building Plans. Such approval shall be granted if the Board finds that the external materials of the proposed building, extension or alteration, their color and texture, and the architectural design are in reasonable harmony with the external materials of any existing structure within 1,000 feet and the architectural design is in conformity with Colonial, Georgian or similar basic design.
(Ord. 1989-7. Passed 7-27-89.)

1157.04 OFF-STREET PARKING.

   No building permit shall be granted in a "BC" Business and Commercial District unless the plan submitted in application for such permit shows the open space required for off-street parking in this section. Off-street parking shall be provided in the following ratios and adjacent to the premises on which the principal use is located:
   (a)   Two-family dwellings and apartment houses; two parking spaces for each dwelling unit.
   (b)   Uses permitted under Section 1157.01 (d) through (g) provided that two accessible parking spaces shall be provided for each 200 square feet of floor area or fraction thereof greater than one-half.
   (c)   Uses permitted under Section 1157.01(h); one parking space for each four seats provided for customers.
   (d)   All parking areas required hereunder shall be provided with an evenly graded paved or stabilized surface; drainage shall not be permitted onto adjoining premises; illumination shall not be of such height, direction or intensity as to cause undue glare visible from the Residential District; physical barriers shall be provided so as to prevent vehicles from encroaching from the parking areas into required set-back spaces or into a side yard adjacent to a Residence District.
   (e)   No change of use shall be permitted unless the new use provides the required number of spaces under this section.
      (Ord. 1989-7. Passed 7-27-89; Ord. 2018-06. Passed 9-10-18.)
 
 
 

1159.01 PERMITTED USES.

   Within "L-1" Light Industrial District, no building or land shall be used, and no building shall be erected, altered or designed in whole or in part, except for one or more of the following uses:
   (a)   Any use permitted in residential district.
   (b)   Any use permitted in business and commercial districts except the restriction of Section 1157.01(l) are excluded.
   (c)   Amusement and recreation: Assembly hall, bowling alley, dance hall, pool and billiards, theater, card room, or other social or recreation center.
   (d)   Railroad or bus passenger stations.
   (e)   Public garages, or service stations, or lots or garages for the sale of new or used motor vehicles, when approved by the Planning Commission, and when used and maintained in conformity with any conditions specified in such approval.
   (f)   The manufacture, compounding assembly or treatment of articles or merchandise from the following previously prepared materials; aluminum, bone, cellophane, canvas, cloth, cork, feather, felt, fiber, fur, glass, hair, horn, leather, paper, plastics, precious or semi-precious metals or stones, or shell, rubber, tin, tobacco, wood (excluding saw mills), tars and paint not involving a boiling process.
   (g)   The manufacture, compounding, processing, packing or treatment of such products as candy, cosmetics, drugs, perfumes, pharmaceuticals, toiletries, and food products except the rendering or refining of fats and oils.
   (h)   The manufacture of pottery or figurines or other similar ceramic products, using only previously pulverized clay, and kilns fired only by electricity or gas.
   (i)   Foundry casting light-weight metal and not causing noxious fumes or odors.
   (j)   Lumber yards for retail lumber sales.
   (k)   Planing Mill.
   (l)   Coal yards, brick and tile yards, for retail sales.
   (m)   Contractors yards and storage facilities; provided however, that all equipment, tools and facilities shall be neatly arranged or stored or kept within a suitable building.
   (n)   Machine shop, or other metal working shop, excluding drop hammers and other noise producing machinery.
   (o)   Grain elevators where approved by the Planning Commission after public hearing and when used and maintained in conformity with any special conditions specified in such approval. Provided however, that if such places or improvements are permitted by the Planning Commission after public notice and public hearing under appropriate safeguards and such special conditions as such Planning Commission deems necessary, such use and buildings must be appropriately located and designed.
      (Ord. 1989-7. Passed 7-27-89; Ord. 2018-06. Passed 9-10-18.)

1159.02 ACCESSORY USES.

   Uses that are incidental to the above permitted uses are permitted and are limited to the following:
   (a)   Manufacture of goods for retail sale on the premises where less than twenty percent of the total floor space is so used and where no noise, vibration, odor, smoke, dust, heat or glare is created that is perceptible at any boundary line of the lot on which the principal use is located.
   (b)   Repair of goods where obnoxious characteristics are controlled as provided for in subsection (a) hereof.
   (c)   Parking vehicles owned by customers, clients, patients or employees.
   (d)   Storage of supplies and merchandise within an enclosed building.
   (e)   Signs beyond the setback line provided:
      (1)   They are not illuminated with excessive brightness or glare; and
      (2)   A.   They either pertain only to the sale or lease of the property on which the sign is located; or
         B.   The subject matter includes the name of the principal business on the premises and is directly connected with that business; and
      (3)   They do not exceed twenty-five square feet in size.
         (Ord. 1989-7. Passed 7-27-89.)

1159.03 APPROVAL OF BUILDING OR ALTERATION PLANS REQUIRED.

   Where any of the above permitted uses requires the construction, extension or exterior alteration of a building, no building permit shall be issued unless the Board of Zoning Appeals has approved the building plans. Such approval shall be granted if the Board finds that the external materials of the proposed building, extension or alteration, and their color and texture, are in reasonable harmony with the external materials of any existing structure within 500 feet. The aforesaid distance shall be measured in a straight line between the nearest points on the proposed and existing structures.
(Ord. 1989-7. Passed 7-27-89.)

1159.04 OFF-STREET PARKING.

   No building permit shall be granted in the "L-1" Light Industrial District unless the plan submitted in application for such permit shows the open space required for off-street parking in this section. Off-street parking shall be provided in the following ratios and adjacent to the premises on which the principal use is located:
   (a)   Two-family dwellings and apartment houses; two parking spaces for each building unit.
   (b)   Retail stores and uses permitted under Section 1159.01(d); one parking space for each 100 square feet of floor space or fraction thereof greater than one-half.
   (c)   Uses permitted under Section 1159.01(e); one parking space for each four seats provided for customers.
   (d)   All parking areas required hereunder shall be provided with an evenly graded, paved or stabilized surface; drainage shall not be permitted onto adjoining premises; illumination shall not be of such height, direction or intensity as to cause undue glare visible from the Residential Districts; physical barriers shall be provided to prevent vehicles from encroaching from the parking area into required setback spaces or into a side yard adjacent to a Residence District.
   (e)   No change of use shall be permitted unless the new use provides the required number of spaces under this section. A use existing at the time of the adoption of this Zoning Code, and which is deficient in the parking space required under this section, may, however, change to any other permitted use that does not increase the deficiency.
   Required parking space may be provided jointly by several owners or by one owner where there are several uses. Such joint parking space shall not be less than the sum of the individual requirements.
(Ord. 1989-7. Passed 7-27-89; Ord. 2018-06. Passed 9-10-18.)