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Newton Falls City Zoning Code

CHAPTER 1149

Zoning District Regulations

1149.01 GENERAL REGULATIONS FOR ALL RESIDENTIAL DISTRICTS.

   (a)    Connection to Water and Sewer Required. It shall be unlawful to construct or occupy any residential dwelling that is not connected to an approved water supply and sewerage disposal facility. Wherever public or community water and sewerage systems are available, dwelling shall be connected to such systems. In every other case, individual water supply and individual sewerage disposal facilities must meet the requirements set by the Trumbull County Health Department and/or the Ohio E.P.A.
 
   (b)   Application of District Regulations.
      (1)   The following regulations pertain to the districts established by this ordinance. These regulations are supplemented and qualified by additional general regulations appearing in Chapter 1153 and the special regulations appearing in Chapter 1155. The regulations set by this ordinance within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, and particularly, except as hereinafter provided.
            (2)   No building, structure, or land shall hereafter be used or occupied, and no building or structure or part hereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered except in conformity with all the regulations herein specified for the district in which it is located.
      (3)   No building or other structure shall hereafter be erected or altered:
         A.    To exceed the height or bulk;
         B.    To accommodate or house a greater number of families;
         C.    To occupy a greater percentage of lot area;
         D.   To have narrower or smaller rear yards, front yards, side yards, or other open spaces;
   than herein required; or in any other manner contrary to the provisions of this ordinance.
      (4)    No part of a yard, or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with the ordinance, shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building.
      (5)    No yard or lot existing at the time of passage of this ordinance shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this ordinance shall meet at least the minimum requirements established by this ordinance.
  
   (c)   Newly Annexed Territory. When the City annexes new territory which was previously part of a township or county, and in which territory zoning regulations have been previously adopted as provided by Sections 303.03 to 303.25, inclusive, or Section 519.02 to 519.25, inclusive, to the Ohio Revised Code, such regulations as they pertain to the territory shall be adopted and continued by the City upon transfer of ownership brought into compliance with current City standards.
(Ord. 2015-10. Passed 12-8-15.)

1149.02 R-1 AND R-2 RESIDENTIAL DISTRICTS.

   These residential districts are established as areas in which the principal use of land is for single-family dwellings and for related recreational, religious, and educational facilities normally required to provide an orderly and attractive residential area. The regulations for these districts are intended to discourage any use which, because of its characteristics, would interfere with the development of or be detrimental to the residential nature of the area included in the districts.
   (a)   Uses Permitted in R-1 & R-2 Residential Districts:
      Single-family dwelling with garage.
      Home occupation (subject to requirements in Section 1153.11).
Temporary building, incidental to the construction of buildings permitted in these districts, and which shall be removed when the work is completed.
      Uses and structures customarily accessory to the permitted uses.
    (b)    Uses Permitted on Review: The following uses may be permitted on review by the Planning and Zoning Commission in accordance with the provisions of Chapter 1159.
      Child care home
      Church
            Golf course, including clubhouse and other improvements
            Library
            Private recreation area
            School, public, parochial, and private.
            Portable, temporary school classroom.
      Professional Services
            Public/Government buildings and structures.
   (c)   Accessory Building Setback: Accessory buildings may be located in the rear yard provided they are set back not less than five (5) feet from any lot line and occupy not more than 20 percent of the rear yard.
     (d)    Off-Street Parking. Off-street parking shall be provided in accordance with the provisions set forth in Section 1153.09.
      (e)    Minimum Requirements - Residential Lots: See Section 1149.12.
   (f)    Minimum Requirements -Nonresidential Lots: See Section 1149.12.
      (g)    Height Limitation: See Section 1149.12.
      (h)    Single Lots or Adjacent Lots: No fences, garages, or storage sheds will be permitted on a lot that does not already have a primary structure on it (commercial building or residential structure).
   (i)   Uses Permitted Upon Obtaining a Special Occupancy Permit from the Zoning Administrator:
      (1)    Residential Withdrawal Management or Addiction Services or Treatment Facility or House: No person may operate a residential withdrawal management or addiction services or treatment facility or house providing accommodations for more than five unrelated persons in a R-1 or R-2 District. Persons operating facilities providing accommodations for one to five unrelated persons must prior to opening, obtain a Special Occupancy Permit from the Zoning Administrator.
         The criteria for receiving and remaining in compliance with the terms of the Special Occupancy Permit are as follows:
         A.    Such facility complies with the area, height, yard, and other requirements set forth in the Zoning Code for R-1 and R-2 Districts.
         B.    The operator is certified to provide such services by the State of Ohio in accordance with the requirements set forth in Section 5119.35(A) of the Ohio Revised Code or the individual or organization possesses the necessary license, certificate, registration, and/or accreditation set forth in Sections 5119.35(8) or 5119.361 of the Ohio Revised Code and provides proof of same to the Zoning Administrator prior to the issuance of the Special Occupancy Permit and on a yearly basis after the issuance of the Special Occupancy Permit.
         C.    The operator and facility are certified and licensed pursuant to Sections 5119.36 and 5119.37 of the Ohio Revised Code, and the facility is not located on a parcel of real estate that is within a radius of five hundred linear feet of the boundaries of a parcel of real estate having situated on it another similar facility, a public or private school, or a child day care center licensed under Chapter 5104 of the Ohio Revised Code. The operator shall be required to provide proof of such aforementioned necessary certifications and licenses to the Zoning Administrator prior to the issuance of the Special Occupancy Permit and on a yearly basis after the issuance of the Special Occupancy Permit.
         D.    The facility requires screening of potential residents in accordance with Federal and State Law.
            (Ord. 2022-43. Passed 10-19-22.)

1149.03 R-M RESIDENTIAL, MULTI-FAMILY DISTRICT.

   This residential district is established to provide for medium and high population density. The principal use of land is for two-family and multiple-family dwellings, and the recreational, religious, and educational facilities normally required to provide an orderly and attractive residential area are included. The regulations for this district are intended to discourage any use which, because of its character, would interfere with the development of or be detrimental to the residential nature of the area included in the district.
    (a)    Uses Permitted:
      Child care home.
            Home occupation (subject to requirements of Chapter 1153).
A portable temporary public, parochial, or private school classroom.
Temporary building, incidental to the construction of buildings permitted in this district, and which shall be removed when work is completed.
Uses and structures customarily accessory to the permitted uses.
      (b)    Uses Permitted on Review: The following uses may be permitted on review in accordance with the provisions contained in Chapter 1159.
            Child care center.
            Church.
            Golf course, including a clubhouse and other improvements.
           Library.
            Private park and/or playground.
            School, public, parochial, and private.
            Portable, temporary school classroom
           Professional Services
            Public/Government buildings and structures.
      (c)    Height Limitation: See Section 1149.12.
      (d)    Lot Area: See Section 1149.12.
      (e)    Dimensional Requirements: See Section 1149.12.
   (f)    Accessory Building Setback: Accessory buildings may be located in the rear yard; provided that they are set back not less than 5 feet from any lot line and occupy not more than 20 percent of the rear yard.
   (g)    Off Street Parking: Off-street parking shall be provided in accordance with the provisions set forth in Section 1153.09.
   (h)    Residential Withdrawal Management or Addiction Services or Treatment Facility or House: No person may operate a residential withdrawal management or addiction services or treatment facility or house providing accommodations or personal care services for more than thirty (30) persons, exclusive of staff, in a R-M Residential, Multi-Family, Commercial, or Industrial District, as limited by the size of the existing or proposed building and its allocation of space for sleeping quarters. Notwithstanding the foregoing, the Planning Commission may approve a larger maximum number of residents solely for the reason that the proposed facility’s economic feasibility is tied to such larger number of residents. Persons operating such facilities must, prior to opening, obtain a Special Occupancy Permit from the Zoning Administrator. The criteria for receiving and remaining in compliance with the terms of the Special Occupancy Permit are as follows:
      (1)   Such facility complies with the area, height, yard, and other requirements set forth in the Zoning Code for R-M Residential, Multi-Family, Commercial, or Industrial Districts.
      (2)   The operator is certified to provide such services by the State of Ohio in accordance with the requirements set forth in Section 5119.35(A) of the Ohio Revised Code or the individual or organization possesses the necessary license, certificate, registration, and/or accreditation set forth in Sections 5119.35(B) or 5119.361 of the Ohio Revised Code and provides proof of same to the Zoning Administrator prior to the issuance of the Special Occupancy Permit and on a yearly basis after the issuance of the Special Occupancy Permit.
      (3)   The operator and facility are certified and licensed pursuant to Section 5119.36 and 5119.37 of the Ohio Revised Code and is not located on a parcel of real estate that is within a radius of five hundred linear feet of the boundaries of a parcel of real estate having situated on it another similar facility, a public or private school, or a child day care center licensed under Chapter 5104 of the Ohio Revised Code. The operator shall be required to provide proof of such certification and license from the State of Ohio to the Zoning Administrator prior to the issuance of the Special Occupancy Permit and on a yearly basis after the issuance of the Special Occupancy Permit.
      (4)   The facility requires screening of potential residents in accordance with Federal and State Law.
         (Ord. 2022-43. Passed 10-19-22.)

1149.04 R-MHP, RESIDENTIAL MOBILE HOME PARK DISTRICT.

   The mobile home park district is established to allow mobile home parks provided certain location criteria are met, and the request is approved by City Council. Approval of this district shall be in accordance with Chapter 1161.
   Mobile homes shall be permitted only in this district. The following regulations shall apply to the mobile home park district.
   The requirements of this district are set forth to ensure that mobile home parks and subdivisions may coexist with existing and future residential development. The following criteria should be used in zoning property R-MHP.
      (1)   Proposed site ensures adequate access to public street systems and does not cause undue congestion or place excessive traffic on local streets.
      (2)   The proposed development should be located where public facilities and services are either existing or planned.
      (3)   Approval of the application should not result in an over concentration of housing types that would alter the basic character of the area.
      (4)   The proposed development should be compatible with adjoining and nearby properties.
   (a)   Uses Permitted:
      Mobile Homes.
      Caretakers or managers-home or office.
Service buildings to house services for occupants of the mobile home park including storage, vending machines, washing and drying machines for domestic laundry, recreation facilities, and similar uses.
      Mobile home sales office.
      Storage buildings.
   (b)   Site Plan Approval: Prior to construction or enlargement of a mobile home park existing at the time of adoption of this ordinance shall be submitted to the Planning and Zoning Commission.
The Zoning Administrator shall review the proposed development for conformance with all applicable regulations. Once the development has been determined to be in conformance, the Zoning Administrator shall review the plat for the purpose for determining if it satisfies the requirements set forth in this section, in addition to determining the following:
      (1)   That the spirit of the zoning regulation shall not be violated;
      (2)   That the proposed development does not conflict with proposed or existing development in adjacent areas;
      (3)   That the proposed development will be a desirable addition to the physical pattern of the City.
   (c)    Site Plan Requirements: The plan shall be drawn by a registered engineer/surveyor licensed by the State of Ohio. The plan shall be drawn to a scale of lot less than 100 feet to 1 inch and shall contain the following information:
      (1)   The location of the proposed park and the type of surrounding land uses.
      (2)   The location and dimensions of streets, rights-of-way, drives and parking spaces.
      (3)   The location and size of mobile home sites.
      (4)   The location and size of service buildings and areas and reaction areas.
      (5)   The location and type of screening, fences, or hedges.
      (6)    The names and addresses of abutting property owners and of developers. Any mobile home, service building, or recreation area located in any mobile home park shall be placed in accordance with an approved development plan.
      (7)   Existing and finished contours at intervals of not more than 2 feet.
      (8)   The location of fire hydrants, if applicable.
      (9)    Storage areas.
      (10)    Dumpsters, if applicable.
   (d)    Design Standards:
      (1)   Park Size. The minimum area for a mobile home park shall be 20 acres.
      (2)    Plot Size. Each mobile home shall be on a plot of not less than 10,890 square feet in area, have an average width of not less than 50 feet, and an average length of not less than 100 feet, the maximum number of mobile homes shall not exceed 4 dwelling units per acre.
      (3)   Setbacks.
         A.    No mobile home shall be located closer than 50 feet to the right-of- way line of a public street or highway, and not closer than 15 feet from side and rear property lines.
         B.    Each mobile home shall be set back at least 15 feet from the front, side and rear lines of the plot on which it is located.
      (4)    Off-Street Parking. Off-street vehicular parking shall be as follows; 2 spaces for each mobile home. One space for each employee shall be provided at each service or recreation area.
      (5)    Access. No mobile home shall have direct access to a public street or highway. All mobile home plots shall have access to an all-weather interior roadway which comply to Newotn Falls Codified Ordinance Section 1111.07, Street Design Standards.
      (6)    Screening. Where any property line of a mobile home park abuts land zoned for or occupied by another residential use, there shall be provided and maintained along the property line of the mobile home park a continuous visual screen not less than 6 feet in height. The screen shall be a wall, fence, compact evergreen hedge, or other type of evergreen foliage, or a combination of fence and shrubbery. Natural plant materials must be capable of reaching 6 feet in height after a 3 year growing period.
      (7)    Utility Requirements. Within the area zoned, each mobile home space in a mobile home park shall be provided with approved water and sewer service which is connected to the municipal water and sewerage system. All utilities including cable, telephone and electric shall be underground within the road right-of-way.
      (8)    Recreation Areas. Recreation space of not less than 200 square feet of usable land for each mobile home plot shall be provided in the mobile home park. For purposes of this section, "usable open space" shall be construed to mean parks, open space, and recreation amenities, such as a clubhouse, swimming pool, or similar improvements. When the anticipated population shall include children, a play area shall be provided of not less than 400 square feet per plot.
      (9)    Patio or Deck. For each mobile home there shall be constructed a permanent patio located adjacent to or attached to the mobile home pad. The patio shall be at least 162 square feet in area of concrete or masonry construction. Each patio shall be sufficient gradient to direct drainage away from the mobile home pad. The patio shall not be within 5 feet of the property line. In lieu of the patio, a treated wood deck of the same dimensions may be used.
      (10)   Operating Requirements. The operator of each mobile home park shall comply with all State and County Health Department rules and regulations governing the sanitation and operation of mobile home parks.
      (11)   Garbage Disposal. Garbage containers with tight-fitting covers shall be required for each plot to permit the disposal of all garbage and rubbish. Collection will be on a regular basis to ensure that containers shall not overflow. In lieu of individual containers, a 20 cubic yard dumpster for every 20 mobile homes may be provided. Garbage and rubbish shall not be disposed of within the park.
      (12)   Anchors. Each mobile home shall be anchored according to the HUD regulation of the National Manufactured Housing Construction and Safety Standards Act as required of each manufacturer's specifications.
      (13)    Dead-End Roads. Shall comply to Newotn Falls Codified Ordinance Section 1111.07, Street Design Standards.
      (14)   Occupancy. There shall be no fewer than 10 mobile home plots available at first occupancy.
      (15)   Foundation Wall. Foundation enclosures shall be required around the perimeter of each mobile home from the base of the home to the ground. The development owner shall advise each homeowner of this requirement to ensure the safety of residents from animals and other infestations. Residents shall comply within a 6 month period, and it shall be the responsibility of the landowner to advise each homeowner of the required time period to complete the enclosure.
      (16)   Street Lighting. All streets within the park shall be lighted at night. The lighting system shall be underground and shall be in compliance with Newton Falls Codified Ordinance Chapter 1113, Design Standards.
      (17)   Storage Area. On each mobile home plot, a space shall be designated for a storage building if provided.
      (18)   Drainage Plan. A drainage plan and a sedimentation and erosion control plan shall be submitted and approved prior to final approval being granted by the Zoning Administrator.
      (19)   Street Names. Permanent street names approved by the City Manager shall be assigned to each road within the development.
   (e)   Pre-Existing Mobile Home Parks. Mobile home parks or individual subdivisions which were lawfully in existence and operating on the effective date of this ordinance, under valid permits issued by the City of Newton Falls, but which do not conform to requirement set forth in this section, shall be considered a nonconforming use. However, nonconforming parks may be expanded only if the mobile home park owner has received approval for such expansion before the effective date of this ordinance.
(Ord. 2015-10. Passed 12-8-15.)

1149.05 RESERVED.

   EDITOR’S NOTE: This section is reserved for future legislation.

1149.06 RESERVED.

   EDITOR’S NOTE: This section is reserved for future legislation.

1149.07 MIXED USE DISTRICT.

   The intent of this district is to accommodate commercial development that is environmentally and aesthetically compatible with surrounding residential areas. The requirements of this district are designed to ensure that the Mixed Use District development be in harmony with the surrounding residential area in such a way that it does not impair existing and future residential development. All establishments developed under the Mixed Use District classification shall be scaled to meet the convenience shopping needs of the immediate area.
   The following criteria should be used in zoning property Mixed Use District:
      (1)    The Mixed Use District zoning classification must be consistent with the development plan for the area.
      (2)   It should be determined that the proposed Mixed Use District zoning classification is necessary to provide the immediate area with the convenience shopping.
            (3)   The Mixed Use District use must not put any undue burden on existing streets or utilities.
      (4)   Wherever possible, group development should be encouraged as an effort to concentrate Mixed Use District uses.
      (5)   Reclassification to Mixed Use District should not contribute to undue scattering of commercial development.
      (6)   The Mixed Use District shall be located on a collector or an arterial street.
   (a)   Uses Permitted on Review: Uses permitted in the Mixed Use District may be permitted on review by the Planning and Zoning Commission in accordance with the provisions of Chapter 1159.
         Offices, including financial institutions.
               Personal services establishments including such uses as:
                  Barber shop
                  Beauty shop
                  Dressmaking
                  Dry cleaning and laundry pick-up stations
                  Services carried out as home occupations
                  Shoe repair shop
                  Tailoring
                  Private day care nurseries and kindergartens
                  Public, semi-public uses
                 Retail establishments which provide general merchandise for local neighborhood use including such uses as :
                  Bakery goods store
                  Candy store
                  Confectionery store
                  Dairy products store
                  Drug store
                 Florist
                  Food store
                  Gasoline sales in conjunction with convenience good store
                  Gift shop
                  Hardware store
                  Hobby shop
                  Newsstand
                  Novelty shop
                  Stationery shop
      (b)    Relationship of Building to Lots: One or more principal structures may be permitted on a single lot.
   (c)    Minimum Yard Requirements: See Section 1149.12.
   (d)    Maximum Height of Structures: See Section 1149.12.
   (e)    Minimum Off-Street Parking and Loading Requirements: Off-street parking as set forth in Section 1153.09 and loading requirements as set forth in Section 1153.10 shall be met.
   (f)    Signs: Identification signs and business signs are allowed subject to review by the Planning and Zoning Commission. No signs shall have flashing lights or movable display parts.
   (g)    Screening: 
      A.   A screening and landscaping plan shall be approved by the Planning and Zoning Commission.
      B.    Screening shall be provided along the side and rear property lines adjacent to residential districts.
      C.    Landscaping shall be provided along street frontages. Natural landscaping may be counted toward this requirement.
   (h)   Application Procedure:  
      A.   All applications for development in the Mixed Use District shall be made to the office of the Zoning Administrator. The Zoning Administrator shall, forward copies of the application to the Planning and Zoning Commission, within 30 days the Planning and Zoning Commission shall review and make a recommendation. Appeals to this recommendation shall be heard by City Council
      B.    Before the Planning and Zoning Commission makes a recommendation to the City Council, it shall determine the following:
         1.    That the spirit of the zoning ordinance shall not be violated.
         2.    That the proposed development will be in harmony with existing developments.
         3.    That the proposed development will be a desirable addition to the physical pattern of the neighborhood.
         4.    That the design be such that additional traffic will not be a burden on existing streets.
         5.    That no adverse environmental impacts will be created by the proposed development.
         6.    That the size of the proposed development will exceed the convenience commercial needs of the immediate area.
         7.    That the visual appearance of the development will harmonize with the existing development.
         8.    That the architectural character blends with the surrounding area.
      C.    Applications for a Mixed Use District development shall include the following data and other reasonable information that the Planning and Zoning Commission may require in their review of the application:
         1.    The location and size of the site.
         2.    The location of all curb cuts and points of egress and ingress and all sidewalks and dimensions thereof.
         3.    Density of land use proposed for every part of the site.
         4.    The location and size of any existing or proposed roads within the Mixed Use District.
         5.    Photographs of surrounding development.
         6.    Elevations of proposed development.
         7.    Perspective sketch indication color and materials of all structures and screenings.
         8.    The location of all parking.
         9.    The location and types of all exterior light fixtures.
         10.    A complete landscaping and screening plan.
         11.    Plans showing complete drainage of entire site.
      D.   In addition to the above information, the following will be required:
         1.    A copy of covenants, grants, or easements or other restrictions proposed to be impose upon the use of land, buildings, and structures including proposed easements for grants for public utilities.
         2.    A schedule showing the proposed times for constructing the development.
         3.    A statement indicating the intent to development the site as proposed in the plans submitted.
   (i)    Annual Review. After a period of one year from the date of rezoning, the Zoning Administrator shall review the status of the approved Mixed Use District development. If significant progress is not demonstrated at that time, the Zoning Administrator shall advise the Planning & Zoning Commission of his findings. If the Planning & Zoning Commission determines that it would be in the best interest of the area to rezone property to the previous classification, a recommendation shall be made to City Council. City Council shall schedule a public hearing to rezone the property. The property owner(s) shall be notified in writing at least 30 days prior to the hearing. If within 15 days the owner and/or developer is able to present proof of progress, the City Council may withdraw the application.
      (Ord. 2015-10. Passed 12-8-15.)

1149.08 C-1, CENTRAL BUSINESS DISTRICT.

   The Central Business District is a concentrated area for the principal office buildings, service establishments, and retail store serving the City and region. The standards herein recognize the need for a compact central business district which favors pedestrians with parking facilities for downtown shoppers and employees in economical and efficient locations.
   Since the Central Business District serves a special and unique function, it is the intent of this ordinance that the CBD, classification be applied to one contiguous and continuous area. Before additional areas are considered for inclusion in the CBD, consideration should be given to the appropriateness of alternate designations.
   (a)    Permitted Principal Uses and Structures:
            Accountant
            Amusement, recreational, entertainment establishments
            Barber/Beauty shop
            Battery store or shop
            Business service establishments
            Child care center/Nursery
       Churches and other places of worship, including educational buildings related thereto
            Clubs, lodges, civic, and fraternal organizations
            Commercial printing and job printing
            Collection agency
            Dressmaker/Tailor
            Employment agency or bureau
            Engravers
            Financial institutions
            Florist
            Hotels, Bed and Breakfast
            Office, business or professional
            Office supply store
            Parking lots and parking garages
           Photography studio
            Radio and television stations
            Physical & Occupational Therapy centers
            Public/Government buildings and structures.
            Restaurants and bars, except drive-in eating establishments
           Retail stores, sales, and display rooms
           Self service laundry or cleaners
      Other uses which are considered to be compatible with the aforementioned uses.
   (b)    Uses Permitted on Review: The following uses may be permitted on review by the Planning & Zoning Commission in accordance with the provisions of Chapter 1159.
            Church
            Educational institution
            Personal service establishments
            Theaters
      (c)    Height Limitation: See Section 1149.12.
   (d)    Dimensional Requirements: See Section 1149.12.
   (e)    Screening. No minimum except as needed to meet other requirements herein.
   (f)    Off-Street Parking. No minimum except as needed to meet other requirements herein.
   (g)   Off-Street Loading. No minimum except as needed to meet other requirements herein.
(Ord. 2015-10. Passed 12-8-15.)

1149.09 COMMERCIAL "C" DISTRICT.

   This district is established to provide for the development of commercial land uses, offices use and general services on major thoroughfares. These uses are oriented to customers traveling by automobile. Establishments in this district provide goods and services for the traveling public.
   (a)   Uses Permitted:
           Amusements, commercial
            Bar/Tavern
            Broadcasting studio, radio, or television
            Building Materials
            Clubs, Associations, Fraternal Associations, Social Clubs
            Eating and Drinking Establishments
            Educational Facilities
            Financial Institutions
            Funeral Homes/Mortuary Services
           Hospitals and health care facilities Nursing Facilities
            Kennel & Boarding
            Mission, rescue
            Motel, Hotel & Lodges
            Office, business or professional
Outdoor storage lots and yards, except automobile junk yards, scrap yards, salvage yards, scrap yards used in whole or in part for scrap or salvage operations or for processing, storage, display or sale of junk scrap, or salvaged materials.
      Parking lots and parking garages
      Public/Government buildings and structures
      Record recording studio
      Recreation building
      Rental Establishments
      Retail Establishment
      Station, bus or rail
      Theaters
      Truck terminals, freight terminals, passenger terminals
      Wholesaling, warehousing storage, supply and distribution
Accessory buildings and uses customarily incidental to the above uses other uses which are considered to be compatible with the aforementioned uses.
   (b)   Uses Permitted on Review: The following uses may be permitted on review by the Planning and Zoning Commission in accordance with the provisions of Chapter 1159.
            Adult book store
            Adult motion picture theatre
            Adult mini-motion picture theatre
            Adult entertainment cabaret
            Ambulance service
            Cemetery
            Church
            Exhibition buildings
            Fairgrounds, public
            Halfway House/Community Residential Treatment Center
            Laboratories- analytical, experimental, testing or industrial processes
            Light Manufacturing and processing
            Museum
            Research Facility
            Self-service Storage Facilities (in compliance with subsection (j))
            Stadium or ballpark
      (c)    Height Limitation: See Section 1149.12.
      (d)    Dimensional Requirements: See Section 1149.12.
   (e)   Screening: A wall, fence, compact evergreen hedge or other type of evergreen foliage, or a combination of fence and shrubbery at least 6 feet in height, from a list approved by the City, shall be provided along the side and rear lot lines where any commercial use is adjacent to a residential district.
   (f)    Off-Street Parking: Off-street parking shall be provided in accordance with the provisions set forth in Section 1153.09.
   (g)    Off-Street Loading: Off-street loading shall be provided in accordance with the provisions set forth in Section 1153.10.
   (h)   Application Procedure-Planned Shopping Center: Each application for a Zoning Certificate for a planned shopping center shall be approved by the Zoning Administrator, acting on the recommendation of the Planning and Zoning Commission. The application shall be accompanied by the following:
      A.   A development plan of the proposed development at a scale of not less than 3 inch equals 100 feet showing:
         1.    The location and size of the site.
         2.    The dimensions of the property.
         3.   The location and proposed use of buildings, and their general exterior dimensions.
         4.    A traffic, parking, and circulation plan showing proposed locations, arrangements, and dimensions of parking spaces, loading areas, and drives, as well as ingress and egress to and from adjacent streets.
         5.   The proposed location and materials to be used for screening.
         6.    A title showing the names of the developers, the date, scale of the plan, and the name of the individual or firm preparing the plan.
      B.    A statement to be filed with the Zoning Administrator indicating readiness to proceed with construction of the proposed development within one year from the date the proposal is approved.
      C.   In addition to the aforementioned requirements of application, the planned shopping center shall be subject to the height limitation and dimensional requirements of “C”, Commercial District.
   (i)   Building Permit: No building permit shall be issued for any building in a shopping center until a final development plan shall have been reviewed and recommended favorably. The Zoning Administrator shall approve or disapprove all requests for shopping center development based on his review and the Planning and Zoning Commission's report.
   (j)   Self-Service Storage Facility: No activities other than rental of storage units and pick up and deposit of stored goods shall be allowed on the premises. No outside storage shall be permitted. Radioactive materials, explosives, and flammable or hazardous chemicals shall be prohibited.
      (Ord. 2015-10. Passed 12-8-15.)

1149.10 RESERVED.

   EDITOR’S NOTE: this section is reserved for future legislation.

1149.11 I-1 INDUSTRIAL DISTRICT.

   The Industrial District is established as a district for manufacturing plants, assembly plants, and warehouses. The regulations are intended to protect neighboring land uses from potentially harmful noise, odor, smoke, dust, glare, or other objectionable effects.
   (a)   Permitted Uses Upon Review:
      Apparel manufacturing
      Automobile impound lot
            Automobile and truck repair and rebuilding shop
            Building contractor and related activities
            Building materials, sales, and storage
            Chemicals and related products manufacturing
            Electrical components manufacturing
            Fabricated metal products manufacturing
            Farm implement and machinery sales and storage
            Feed and seed sales and storage
            Food processing
            Furniture and fixtures-manufacturing
            Household and industrial cleaning products manufacturing
            Laundry and cleaning plant
            Lumber yard
           Lumber and wood products manufacturing
            Paper and related products manufacturing
            Petroleum refining and related industries
            Plastic products manufacturing
            Primary metal industries
            Printing and related industries
Salvage yard for automobile, junk, building materials, provided that all operations shall be screened by permanent walls, fences, or evergreen planting subject to the provisions of Chapter 1155
Scrap metal processor (subject to Chapter 1155)
Signs (subject to the provisions of Chapter 1151)
Stone, slay, and glass products manufacturing
Temporary building which is incidental to the construction of buildings permitted in the district, and which shall be removed when work is completed
            Textile mill products, manufacturing
      Tire recapping and rethreading plant
      Truck terminal
      Vehicle manufacturing and related industries
      Wholesaling and warehousing
Other uses which are considered to be compatible with the aforementioned uses which also abide by federal and state law.
   (b)   Height Limitation: See Section 1149.12.
   (c)    Dimensional Requirements: See Section 1149.12.
   (d)   Screening: For the purpose of screening industrial activities from view, a wall, fence, compact evergreen hedge or other type of evergreen foliage, or a combination of fence and shrubbery at least 6 feet in height, from a list approved by the City, shall be provided along the side or rear lot lines where any industrial use is adjacent to a residential district.
   (e)   Off-Street Parking: Off-street parking shall be provided in accordance with the provisions set forth in Section 1153.09.
   (f)   Off-Street Loading: Off-street loading shall be provided in accordance with the provisions set forth in Section 1153.10.
      (Ord. 2015-10. Passed 12-8-15.)

1149.12 DISTRICT DEVELOPMENT STANDARDS.

   The following table indicates the development standards for each of the Zoning Districts within the Village of Newton Falls. These standards as listed in the table were obtained from the existing Zoning Ordinance. The designation (NA) “not applicable” was inserted when a specific use is not permitted within a particular district. The designation (NR) “not required” was inserted when a specific standard is not required within a particular district. The designation (NS) “not specified” was inserted when a specific standard is not specified within a particular district.
Newton Falls
Development Standards
Zoning Districts
R-2
R-1
R-M
Mixed
C-1 Central Business
C Commercial
I-1
Lot Area (s.f.)
Residential
Single-family
10,890
7,260
8,000
NA
NA
NA
NA
Two-family
11,000
NA
NA
NA
NA
Multiple-Family
8,000 + 3,000 each additional unit
NA
NA
NA
NA
Non-Residential
30,000
30,000
5,000
5,000 (1)
5,000
1 acre
Industrial
NA
NA
NA
NA
NA
NA
NS
Lot Width (ft.)
Residential
60
50
100 + 20 each additional unit
NA
NA
NA
NA
Non-Residential
100
100
100
60
60 (1)
60
NA
Industrial
NA
NA
NA
NA
NA
NA
60
(1) Adequate to provide for yard areas, off-street parking and loading areas and/or other requirements
Newton Falls
Development Standards
Zoning Districts
R-2
R-1
R-M
Mixed
C-1
C-2
I-1
Lot Frontage (ft.) (at Road R/W)
Residential
60
50
100 + 20
NA
NA
NA
NA
Non-Residential
NS
NS
NS
100
100(1)
100
100
Front Yard Setback (ft.)
Residential See (2)
30
20
60
NA
NA
NA
NA
Non-Residential. See (2)
20/30/50
20/30/50
NS
45
(1)
35
NA
Industrial
NA
NA
NA
NA
NA
NA
40
Side Yard Setback (ft.)
Residential.
10
10
10 (3)
NA
NA
NA
NA
Non-Residential
25
25
15
25
(1)
0/15 (4)
NA
Industrial
NA
NA
NA
NA
NA
NA
25
 
(2)   Front Yard Setback as measured from the road right-of-way of (residential service street/collector street/arterial street)
(3)   Side Yard Setback shall be the greater of 10 feet or 10% of the average lot width.
(4)   No Side Yard is required/Minimum side yard if adjacent to a residential district.
Newton Falls
Development Standards
 
Zoning Districts
 
R-2
R-1
R-M
Mixed
C-1
C-2
I-1
Rear Yard Setback (ft.)
Residential
20
20
20
NA
NA
NA
NA
Non-Residential
20
20
20
25
(1)
20
NA
Industrial
NA
NA
NA
NA
NA
NA
25
Building Height (ft.)
Residential
35
35
60
NA
NA
NA
NA
Non-Residential
35
35
60
35
35 (6)
35 (6)(7)
NA
Industrial
NA
NA
NA
NA
NA
NA
75
Minimum First Floor Living Area (s.f.)
1,200
1,200
1.000 Per Dwelling Unit
 
(1)     Adequate to provide for yard areas, off-street parking and loading areas and/or other requirements
(5)   Except next to rail siding.
(6)   Public and Semi-Public Buildings may exceed the height limitations if the minimum depth of rear yards and width of side yards are increased one foot for each two feet of height the building exceeds the prescribed height limit.
(7)   Buildings adjacent to a residential district shall not exceed 35 feet unless the setback adjacent to the residential district are increased one foot for each one foot of height the building exceeds the prescribed 35 feet.
(Ord. 2015-10. Passed 9-8-15.)