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Newark City Zoning Code

CHAPTER 1246

CD Conservation District

1246.01 PURPOSE.

   The purpose of the Conservation District is to protect the public health and to reduce the financial burdens imposed on the community, its governmental units and its individuals which may result from improper use of lands having excessively high water tables or which are subject to frequent and periodic flooding. Further, the Conservation District designation may be used to preserve land as permanent open green space.
(Ord. 08-33. Passed 5-4-09.)

1246.02 PERMITTED USES.

   (a)   Any customary agricultural use, provided that all buildings used for agricultural purposes shall not exceed a combined total floor area of 20,000 square feet.
   (b)   Any public or private recreation facility, including lakes, golf courses, swimming pools, softball/baseball fields, country clubs, riding stables, parks and other similar uses.
   (c)   Water conservation works, including water supply works, flood control and watershed protection, fish and game hatcheries, preserves, and other similar uses.
   (d)   Forestry.
   (e)   Campgrounds.
   (f)   Residential uses per Section 1246.14.
   (g)   Flagpoles, television and radio antennas up to twenty-five feet in height for the exclusive use of the property owner.
(Ord. 08-33. Passed 5-4-09.)

1246.03 ACCESSORY USES.

   (a)   Uses which are customary in the course of or associated with a permitted or conditional use are allowed.
   (b)   Within any dwelling the occupant may have an office provided there are(is):
      (1)   No visible signs of any type.
      (2)   No goods of any type sold or exchanged from inventory on site.
      (3)   No customers coming to the dwelling.
      (4)   No employees working at the dwelling other than members of the occupant's immediate family.
      (5)   Not more than one delivery per day in addition to the regular daily mail delivery from the U.S. Postal Service.
      (6)   No parking or storage of vehicles related to the business, which exceed a gross vehicle weight rating (GVWR) of 12,000 pounds.
      (7)   No more than one vehicle related to the business may be parked outside an enclosed structure.
      (8)   No space used for the office shall be outside the dwelling.
(Ord. 08-33. Passed 5-4-09.)

1246.04 CONDITIONAL USES.

   The following uses are permitted as conditional uses when authorized by the Board in accordance with the provisions of Chapter 1234.
   (a)   Rifle ranges and gun clubs, providing they are not located closer than 500 feet from any R-District.
   (b)   Commercial mining; in accordance with the rules and regulations of the Ohio Department of Natural Resources (ODNR) or its successor agency. An ODNR mining permit shall be submitted prior to issuance of a zoning permit.
   (c)   Disposal of garbage and refuse; including sanitary fills, and sewage disposal, subject to Health Department approval.
   (d)   New single-family dwellings.
   (e)   Day care in the home of the provider for not more than six.
   (f)   Boarding house, bed and breakfast for up to two lodgers.
   (g)   Home business.
   (h)   Water towers, observation towers, transmission towers.
(Ord. 08-33. Passed 5-4-09.)

1246.05 ACCESSORY STRUCTURES.

   Accessory structures customarily used in the course of or associated with a permitted or conditional use are permitted provided that they are set back a minimum of 100 feet from any property line. The number of accessory structures is unlimited.
(Ord. 08-33. Passed 5-4-09.)

1246.06 DISTRICT STANDARDS.

   (a)   All uses in this district shall comply with the applicable requirements of Chapter 1296.
   (b)   The following activity is prohibited on a lot in this district:
      (1)   The sale or display for sale of more than five vehicles in any twelve month period.
      (2)   The long-term parking or storage of vehicle(s) associated with a business.
      (3)   The repeated repair of vehicles, which are not owned by the occupant of the property.
      (4)   The repeated sale of merchandise, other than a sale licensed by the City, which has not been approved by the Board.
      (5)   The providing of a service on a repeated basis not approved by the Board.
   (c)   Equipment, materials and wastes stored in areas subject to flooding shall have a specific gravity substantially heavier than water, shall not become a source of water pollution or contamination.
(Ord. 08-33. Passed 5-4-09.)

1246.07 HEIGHT RESTRICTIONS.

   No structure shall exceed forty feet in height.
(Ord. 08-33. Passed 5-4-09.)

1246.08 LOT AREA AND SETBACKS.

   None, except as may be specified by the Board, provided that no structure shall be located closer than fifty feet to any existing or proposed public right-of-way, and not closer than thirty feet to any side or rear lot line.
(Ord. 08-33. Passed 5-4-09.)

1246.09 OFF-STREET PARKING AND LOADING.

   Off-street parking and loading spaces shall be provided in accordance with Chapter 1290.
(Ord. 08-33. Passed 5-4-09.)

1246.10 CORNER LOTS.

   Corner lots shall meet the requirements of Section 1240.11.
(Ord. 08-33. Passed 5-4-09.)

1246.11 LANDSCAPING, BUFFERING, GREEN SPACE.

   Landscaping, buffering, and green space shall be provided in accordance with Chapter 1292.
(Ord. 08-33. Passed 5-4-09.)

1246.12 PUBLIC AND PRIVATE ROADWAYS.

   (a)   Front yard setbacks from public and private roadways shall be modified in accordance with the thoroughfare maps maintained in the office of the City Engineer.
   (b)   Lots with no legal access to an adequate public right-of-way shall obtain approval from the Planning Commission of the proposed access prior to issuance of a zoning certificate. Approval of a lot split by the Planning Commission is evidence of an acceptable legal access.
(Ord. 08-33. Passed 5-4-09.)

1246.13 OTHER STANDARDS OR REGULATIONS.

   Deed restrictions and covenants may establish additional restrictions.
(Ord. 08-33. Passed 5-4-09.)

1246.14 RESIDENTIAL USES.

   In this district, a single-family dwelling and related accessory structures on a single lot or parcel in existence at the time of the adoption of this Code may be repaired, altered or enlarged in accordance with Chapters 1242, 1248, 1249, or 1251 as determined by the Zoning Inspector.
(Ord. 08-33. Passed 5-4-09.)