In order to designate districts for the purpose of this Zoning Ordinance, the City is hereby divided into the following districts:
R-A Residence District R-B Residence District R-C Residence District B-1 Highway Commercial District B-2 Neighborhood Commercial District B-3 General Commercial District B-4 Shopping Center District B-5 Office-Institutional District Industrial District Heavy Manufacturing District.
(Ord. 9826-70. Passed 12-2-70.)

The boundaries of the districts established in Section 1129.01 are hereby established upon the Map which is designated the "Building Zone Map, City of Niles, Ohio" and is on file in the office of the City Engineer. Such Building Zone Map, consisting of forty-six separate parts, all of which are sections of the same Map covering the entire territory of the City, and the key map and chart containing the explanation of symbols and indications which appear on such Building Zone Map, are hereby made a part of this Zoning Ordinance. No building or structure shall be erected or altered, nor shall any building or premises be used for any purpose other than a use permitted in the district which such building or premises is located. No building or premises shall be used so as to produce greater heights, smaller yards or less occupied area and no building shall be occupied by more families than hereinafter prescribed for such building for the district in which it is located. No lot which is now or may be hereafter built upon as herein required, may be reduced in area so that the yards and open spaces will be smaller than prescribed by this Ordinance, and no yard, court or open space provided about any building for the purpose of complying with the provisions hereof, shall again be used as a yard, court or other open space for any other building. (Ord. 9826-70. Passed 12-2-70.)

1. Green-shaded parcels on the “Building Zone Map, City of Niles, Ohio,” are designated on the Map as parcels that have no zoning. These areas are generally (but not exclusively) owned by the City or the Niles City School District Board of Education, and are used for public purposes.
2. When and if any of these parcels cease to be owned by their present owner, or are no longer used for public purposes, then said parcel(s) shall be treated as being zoned R-A until otherwise designated by City Council. (Ord. 05-10. Passed 4-7-10.)

Within any R-A Residence District, no building, structure or premises shall be used or designed to be used, in any part, except for one or more of the following specified uses:

1. A detached dwelling for only one family or for one housekeeping unit, living and entering independently of any other family or unit.
2. In-Law Suites:
   1. This use shall be for the purpose of allowing an independent dwelling unit in conjunction with and clearly subordinate to a primary dwelling unit, for the habitation of family members as described below:
   2. The in-law suite must be located in the principal structure (which includes attached garages or areas over attached garages);
   3. The structure must maintain a single-family residential appearance that blends with the principal structure and the neighborhood.
   4. The property owner must live on site, and the in-law suite must be subservient to the principal use of the property as a dwelling.
   5. The in-law suite shall be occupied only by a parent, grandparent or child of the owner of the principal residence.
   6. The in-law suite may not have both a complete kitchen and a complete bathroom.
   7. The utilities for the in-law suite may not be separate from the utilities of the principal residence.
   8. The owner may not advertise, or cause to be advertised, the in-law suite as “for rent” or similar advertisement.
3. The taking of boarders or leasing of rooms by a resident family, provided the total number of boarders and roomers does not exceed two in any one family unless the Board of Zoning Appeals authorizes a greater number of boarders or roomers as set forth in Section 1113.05(f).
4. Cemeteries.
5. Churches and other places of worship; parish houses.
6. Upon the granting of a variance by the Board of Zoning Appeals, private clubs, lodges, social and community center buildings, except those in which the chief activity is a gainful service or activity usually conducted as a business, provided also that there shall be no serving or dispensing of alcoholic or spirituous beverages in any such private club, lodge, social or community center building.
7. Farms, truck gardens, nurseries; noncommercial greenhouses.
8. Golf courses, except driving tees and miniature courses.
9. Institutions of an educational, religious, or philanthropic character, other than correctional institutions.
10. Hospitals and sanitariums, except animal hospitals, clinics and hospitals or sanitariums for epileptic, drug or alcohol, or mental illness patients.
11. Publicly owned recreation buildings, playgrounds and parks.
12. Family day care homes as permitted by Ohio R.C. 5104.054. (Ord. 13-09. Passed 6-3-09.)

Accessory buildings shall be subject to the following regulations:

1. No accessory building shall be used for the conduct of a business or industry therein.
2. Accessory buildings shall be permitted for the following purposes:
   1. Detached private garage on the same lot as the principal building. No part of any such private garage shall be used for residence purposes.
   2. Storage building or structure, including a green house, pool house, gazebo and similar structures.
3. Accessory buildings may only be located in the rear yard.
4. The area occupied by all permitted accessory uses shall not exceed the lesser of twenty-five percent (25%) of the rear yard, or 1,152 square feet. In no instance shall the floor area of any accessory building exceed the ground floor area of the principal building of the lot.
5. Any permitted accessory use must be located at least two feet from any lot line.
6. Private garages (attached or detached) are further limited, so that total garage area shall not exceed 1,152 square feet in floor area.
7. Storage buildings or other permitted structures are further limited so that only one such structure can be placed per residential parcel, except that one additional structure may be added provided it is not used for storage and its purpose is part of landscaping or recreational use, such as a patio, hot tub, gazebo, green house or similar structure. Metal storage buildings permitted under this subsection may not exceed 100 square feet. Other building or structure permitted under this subsection may not exceed 200 square feet.
8. The minimum pitch for the roof of an accessory building shall be 4/12. The maximum height of any accessory building shall not exceed 15 feet from floor level to the roof peak.
9. In the case of a corner lot, no wall of an accessory building shall be nearer to the side street line than the side wall of the main building. If the rear of a corner lot abuts on a lot with the principal frontage on the side street, the accessory building on such corner lot shall be setback from the side street line a distance of not less than twenty-five feet.
10. Swimming pools shall not be considered an accessory use, but shall remain five feet from any property line, and a five foot “green area” shall be maintained around them. No swimming pools may be placed in front of the building setback line.
11. Canvas free standing structures other than for extraordinary uses as permitted by zoning officials shall be prohibited as accessory buildings. No new metal free standing structure other than a metal storage building not exceeding 100 square feet shall be permitted as an accessory building. Existing canvas free standing structures in violation of this subsection must be removed within one year of the effective date of this section. (Ord. 14-09. Passed 6-3-09.)

The regulations set forth in Chapter 1157 shall apply to house, boat and utility trailers. (Ord. 9826-70. Passed 12-2-70.)

Except as hereinafter provided, no building, structure or premises shall be used so as to produce greater heights, smaller yards or less unoccupied area and no building shall be occupied by more families than hereinafter required for such building for the district in which it is located. No lot which is now or may be hereafter improved shall be smaller than prescribed by this Zoning Ordinance; and no yard, court or open space provided about any building as shown on the plat thereof, accompanying the application for a building permit for the purpose of complying with the provisions hereof, shall again be used as a yard, court or other open space for another building. (Ord. 9826-70. Passed 12-2-70.)

In any R-A Residence District, the following limitations and requirements shall apply:

1. Height. No building shall exceed thirty feet or two and one-half stories in height. Churches, hospitals, schools or any other public buildings to be located in an R-A District may be built to a height of sixty feet or four stories, provided such building is set back from every street and lot line one foot for each foot of height for such building in addition to the other yard and setback requirements herein specified for R-A Districts.
2. Rear Yards. There shall be a rear yard on every lot which shall have a minimum depth of forty feet.
3. Side Yards. There shall be a side yard on each side of every building. The minimum width of any side yard shall be five feet and both side yards shall together be not less than fifteen feet except as provided above for accessory buildings, provided that on any lot existing and of record on the effective date of this Zoning Ordinance, less than fifty feet wide, the minimum width of any side yard shall be five feet.
4. Setback Line. For the purpose of establishing a front yard, no building shall be erected, reconstructed or altered so as to project in any manner beyond a line which is distant from the street line the average distance therefrom of the buildings fronting on the same side of the street within the block on the effective date of this Ordinance. If no building fronts on the same side of the street within the block, no new building, part of a building, uncovered porches, covered and enclosed porches, or other projections shall be erected with its street wall or walls nearer than twenty-five feet to the street line. However, this provision does not include steps.
5. Lot Area Per Family. The minimum lot area required is as follows: One-family dwelling - 10,500 square feet (Ord. 9826-70. Passed 12-2-70; Ord. 10062-73. Passed 2-21-73; Ord. 14-09. Passed 6-3-09.)

1. For purposes of this section, Group Residential Developments shall be defined as the orderly grouping of residential structures planned for individual sale with the development managed by an association under the condominium laws of the State of Ohio, Ohio R.C. 5311.01, et seq.
2. A permit for a Group Residential Development in an R-A Residence District may be issued provided the following requirements and standards of this section have been complied with:
   1. Preliminary plan. The owner(s) of a tract of land containing not less than one acre shall submit to the Building and Zoning Inspector for review a preliminary plan for the use and development of such tract of land for a group residential development project.
   2. Design standards. The plan of the project shall provide for:
      1. The grouping and harmonious design of buildings;
      2. Building footprint(s) (showing the outside perimeter walls of the building(s)), building square footages (listing all floor levels separately), and building elevation view(s), all of which shall be shown for any units the owner proposes to construct in the development;
      3. The proposed building materials;
      4. Adequate and properly arranged facilities for internal traffic circulation in conformance with the requirements of Section 1175.06;
      5. Off street parking and loading;
      6. Landscaping;
      7. Buffers including fencing, landscaping and greenspace; and
      8. Such other features and facilities as may be necessary to make the project sufficient from the standpoint of the developer as well as from the standpoint of the adjoining or surrounding existing or potential developments, and the City of Niles.
   3. Area requirements. The minimum site area for a residential development project shall be one acre.
   4. Uses permitted. Permitted uses shall be one and two family dwellings, which may include a deck or patio with fencing to enclose the deck or patio only. Fencing around the perimeter boundary of the development project shall also be permitted. The use of this perimeter fencing shall either be at the direction of the City, or at the discretion of the developer if approved by the City. The type of fencing shall be approved by the City. No sheds or out buildings shall be permitted. A swimming pool/clubhouse is permitted, provided the pool/clubhouse is constructed by the developer or association formed for the benefit of the owners of the units within the development.
   5. Building heights and yards.
      1. Building height requirements shall be the same as found in Section 1131.05(a).
      2. Where rear yards are adjacent to properties that are not part of a Group Residential Development, the rear yard requirements shall be the same as found in Section 1131.05(b). Where rear yards are adjacent to the rear yards or side yards of other units in a Group Residential Development, the minimum spacing between units shall be 60'.
      3. A minimum building separation of ten feet shall be required for all side yards, except as noted in B. above. Where property lines exist within the development, there shall be a minimum side yard of 5' between property lines. Where a side yard is adjacent to a street line, the side yard setback shall follow the requirements of Section 1131.05(d). If no street line is shown on the development plan(s), the side yard setback shall be the greater of either 35' (measured from the edge of the pavement or curb) or the average setback within the block in accordance with Section 1131.05(d).
      4. If a street boundary line is shown on the development plan(s), it shall be shown at a minimum width of 50', with the street surface centered within the street boundary lines; and the building “Setback Line” requirements of Section 1131.05(d) shall apply, with the distances measured from the “street boundary line.” If no street boundary line is shown on the development plan(s), the building setback line shall be 35 feet measured from the edge of the pavement or curb.
      5. The minimum lot area required (or density if the development does not include lot lines) shall be as follows:
         
         

         One-family Dwelling:	10,500 square feet;
         Two-family Dwelling:	12,225 square feet;

         The area constituting the roadway(s) for the development shall be calculated at a minimum width of 50' and shall be excluded in determining the “lot area.”
   6. Recreation Areas. If the project contains twenty acres or more, at least five percent (5%) of the acreage of such site shall be developed as a neighborhood recreation area or areas. If the site contains less than twenty acres, the required recreation area shall be 2,000 square feet for the first fifty dwelling units plus thirty square feet for each additional unit in excess of fifty.
   7. Off-street parking and service facilities. There shall be at least two off- street parking spaces for each dwelling unit. Service drives and other service facilities shall be located entirely within the project site separate from the off-street parking required herein.
   8. Construction and Site Plan Approval. After the Building and Zoning Inspector has certified to the City Engineer in writing that the developer’s Preliminary Plan has met the requirements of subsection (b)(1) through (7) hereof, the developer shall submit a construction and site plan of the project to the Niles City Engineer for his review and approval. The plan is to be prepared and certified by a registered engineer in the State of Ohio unless otherwise deemed unnecessary by the Niles City Engineer, subject to the following requirements:
      1. Plan view of the project showing existing and proposed sanitary sewers and appurtenances, storm sewers and appurtenances, elevations and grades, and any other information requested by the City Engineer necessary for site plan approval;
      2. Sanitary sewer plan, profile and appurtenances showing size of pipe, elevations, grades, type of materials, and any other information requested by the City Engineer necessary for approval;
      3. Storm sewer flow calculations prepared by a Professional Civil Engineer showing the existing and proposed run-off and storm water management controls based on criteria acceptable under City Ordinances regarding storm water management at the time of the review;
      4. Storm sewer and storm management plans, with profiles and appurtenances showing size of pipe, elevations, grades, type of materials, and any other information requested by the City Engineer for approval;
      5. Existing ground elevations, proposed ground elevations and contours showing direction of drainage;
      6. Access drive(s) location and design with horizontal and vertical control designed in accordance with the requirements of Section 1175.06. If traffic congestion is considered to be problem for the proposed project, the City Engineer will require from the Developer a traffic analysis of the existing traffic, project and combined traffic where such traffic enters upon the public right of way. A Professional Engineer must prepare the study. The developer is responsible for any traffic mitigation when required, and shall comply with all applicable City and State regulations for such traffic mitigation.
      7. The requirements of the City Engineer for the purpose of reviewing a project are not limited to the above requirements. Any additional information requested by the City Engineer is required for completion of the review.
   9. Planning Commission recommendation. The City Engineer, upon completion of his review, shall forward his comments regarding the feasibility of the proposed project to the City Planning Commission. The Planning Commission shall then consider the proposed project at its next meeting, and make a recommendation for its approval or disapproval to City Council.
   10. Action on permit by City Council. The permit to construct the proposed project in exact accordance with the construction and site plan submitted to, and review by, the City Engineer and the City Planning Commission may only be issued after approval by the City Council by written Resolution, enacted in compliance with Ohio law. Council may hold a public hearing on the proposed project prior to acting on the Resolution. City Council may require more restrictive requirements or allow less restrictive requirements from any part of this section.
       If Council fails to approve the Resolution authorizing issuance of the permit, and the Developer chooses to re-submit the project by amending the construction and site plan, or submitting an entirely new plan, such resubmission must be made first to the Building and Zoning Inspector, and each subsequent step for approval required under section must be followed.
   11. Recording requirement. The Developer whose Group Residential Plans have been approved by Council shall prepare on Mylar sheet(s) (not to exceed 24" x 36") the approved site plan with the following information contained thereon:
       1. A layout of the proposed buildings on the site plan including: building footprints (showing outside perimeter walls of the building); building square footages (listing all floor levels separately); building elevation views; building materials; and approved driveways;
       2. Existing and approved storm sewer plans and appurtenances showing size of pipe, elevations, grades, type of materials, and any information requested by the City Engineer;
       3. Sanitary sewer plan and appurtenances, showing size of pipe, elevations, grades, type of materials, and any other information requested by the City Engineer;
       4. Storm sewer flow calculations showing the existing and approved run-off and storm water management controls;
       5. The storm sewer and storm water management control plan and appurtenances showing size of pipe, elevations, grades, type of materials and any other information requested by the City Engineer;
       6. Existing ground elevations, and approved ground elevations and contours showing direction of drainage.
       7. Said Mylar shall be completed in a form that shall be deemed “recordable” by the Trumbull County Recorder, and shall be recorded by the Developer prior to the commencement of construction.
   12. Deviation from approved construction and site plans. If City Council approves the proposed project as submitted, neither the developer, nor his successors or assigns, may deviate from the plans approved by Council without submitting a written proposal describing in detail the proposed deviation to the Building an Zoning Inspector and the City Engineer for review and comment. Upon completion of said reviews by these individuals, the proposal and comments shall be turned over to Council’s Safety Committee for a written determination whether said proposed change(s) amount to a “submittal deviation” from the approved plans for the project. If the Safety Committee determines that the proposed change(s) do not amount to a “substantial deviation”, then the changes shall be approved under the supervision of the Building and Zoning Inspector and the City Engineer. A substitution of an approved building footprint for a “like kind” approved unit (one family for one family, two family for two family) shall not be considered a substantial deviation. If the Safety Committee determines that the proposed change(s) amount to a “substantial deviation”, then the sponsor of the deviation shall prepare amended preliminary, construction and site plans, and cause each submitted plan to be reviewed and approved in accordance with all the provisions of this Ordinance, including approval by City Council by written Resolution enacted in compliance with Ohio law. In addition, said approved, amended plans shall be recorded with the Trumbull County Recorder prior to construction in accordance with the amended plans.
   13. Inspection of construction. The Building and Zoning Inspector and the City Engineer and their staff members shall have the right to enter upon the private land when construction is taking place for the purpose of inspecting and determining that all work performed is as planned and approved by City Council. If any of these City officials notice any work being constructed contrary to plan, the Building and Zoning Inspector will take the necessary steps to stop construction. The Building and Zoning Inspector will then notify the proper party to conform to the approved plans and that construction shall not be continued until such time as the defective work is corrected and approved by the City Engineer and the Building and Zoning Inspector. (Ord. 20-04. Passed 6-16-04.)

Within any R-B Residence District, no building, structures or premises shall be used, arranged or designed to be used, except for one or more of the following uses:

1. Any use permitted in an R-A Residence District;
2. Single or multiple dwellings up to and including six family dwellings;
3. Accessory uses as permitted in Section 1131.02;
4. Every dwelling containing two or more families shall have provided on the same lot on which such dwelling is located, or within such dwelling, two automobile parking spaces for each housekeeping unit within such dwelling;
5. Group Residential Developments: The regulations in Section 1157.11 shall apply. (Ord. 15-09. Passed 6-3-09.)

1. Heights. The regulations as set forth in Section 1131.05 shall apply.
2. Rear Yards. The regulations as set forth in Section 1131.05 shall apply. (Ord. 9826-70. Passed 12-2-70; Ord. 10062-73. Passed 2-21-73.)
3. Side Yards. The regulations as set forth in Section 1131.05 shall apply, excepting in case of two-family dwellings or more, the minimum width of any sideyard shall be ten feet plus 2 feet for every story above the first story. (Ord. 72-82. Passed 9-1-82.)
4. Setback Line. The regulations as set forth in Section 1131.05 shall apply.
5. Lot Area. The minimum requirements of lot area shall be as follows:
   
   

   One-family dwelling	9,800 square feet
   Two-family dwelling	14,500 square feet
   Three-family dwelling	17,500 square feet
   Four-family dwelling	19,500 square feet
   Five-family dwelling	21,500 square feet
   Six-family dwelling	23,500 square feet

   (Ord. 16-09. Passed 6-3-09.)

Within any R-C Residence District, no building, structure or premises shall be used or arranged or designed to be used in any part, except for one or more of the following specified uses:

1. Any use permitted in an R-A Residence District.
2. Any use permitted in an R-B Residence District.
3. Multiple family dwellings, apartments and townhouses, including accessory services therein.
4. Accessory uses 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. (Ord. 9826-70. Passed 12-2-70; Ord. 10062-73. Passed 2-21-73.)
5. Group Residential Developments. The regulations as set forth in Section 1157.11 shall apply. (Ord. 72-82. Passed 9-1-82.)

A private garage shall be permitted on the same lot, with or within the building to which it is accessory, and in which garage no business or industry is conducted. In the case of a corner lot, no wall of the garage shall be nearer the street line than the side line of the main building and it shall also be as far from the street line fixed by this Zoning Ordinance for buildings on adjoining lots or as near thereto as the width of the lot will permit. Garage space may be provided for two motor vehicles on any lot and garage space may be provided for each 1,000 square feet of area by which such lot area exceeds 2,000 square feet. In a separate building, no part of any private garage shall be used for resident purposes, except that a domestic employee of the owner, lessee or occupant of the principal building and the family of such employee, may have quarters in such garage. The above provision shall not prevent the location of a garage within an apartment building or within a contiguous building if on the same lot and entirely underground, permitting the storage of one car for each apartment in the building. (Ord. 9826-70. Passed 12-2-70.)

1. Height. No building shall exceed thirty-five feet.
2. Rear Yards. There shall be a rear yard with a minimum depth of forty feet.
3. Side Yards. The minimum width of any side yard adjoining an R-A District shall be fifty feet; thirty-five feet adjoining an R-B District; and twenty feet adjoining an R-C District. Such side yard shall apply only in the case of the multiple family dwellings; side yards for single family dwellings shall be ten feet on each side. There shall be a minimum width of thirty feet between multiple dwellings.
4. Setback Line. The regulations as set forth in Section 1131.05 shall apply.

5. Lot Area	Square Feet
   One family dwelling	9,800
   Two family dwelling	14,500
   Three family dwelling	17,500
   Four family dwelling	19,500
   Five family dwelling	21,500
   Six family dwelling	23,500
   Multiple family dwelling in excess of six family dwellings	minimum lot area of one acre.

6. Density. There shall be a maximum of twelve family units per acre, and the coverage of the land area, exclusive of accessory buildings shall not exceed thirteen percent.
7. Parking. There shall be provided two parking spaces per unit.
8. Garage. Detached garages shall be located no nearer than five feet to the property line. (Ord. 9826-70. Passed 12-2-70; Ord. 10062-73. Passed 2-21-73; Ord. 17-09. Passed 6-3-09.)

In order to provide for the needs of the motoring public and to effect an efficient and orderly pattern of commercial development, the B-1 Highway Commercial District is herein provided with the following regulations. (Ord. 9826-70. Passed 12-2-70.)

The following uses shall be permitted in B-1 Districts:

1. Restaurants, drive-in restaurants, ice cream sales and similar related uses.
2. Taverns.
3. Service stations.
4. Garages for repair of motor vehicles within enclosed buildings.
5. Drive-in theaters.
6. Motels, hotels.
7. Automobile (new and used), truck, house trailer, mobile homes and boat sales and service.
8. Business and professional offices of the following types: dentist, doctor, property management, real estate and lawyer offices, photographers, beauty shops and barber shops.
9. Banks, building and loan associations and branch services of large institutions such as insurance offices and finance companies.
10. Department, furniture, radio and television stores.
11. Private clubs, lodges, social and community center buildings.
12. Grocery stores, pharmacies, fruit and vegetable markets.
13. Undertaking establishment, funeral homes. (Ord. 37-74. Passed 4-24-74.)
14. Storage buildings.
15. Day care centers permitted by Ohio law.
16. Roller/ice skating rinks. (Ord. 05-10. Passed 4-7-10.)

No building or structure shall exceed four stories or sixty feet. (Ord. 9826-70. Passed 12-2-70.)

The minimum lot area required for lots in this district is ten thousand, five hundred (10,500) square feet. (Ord. 05-10. Passed 4-7-10.)

The maximum percentage of lot coverage for buildings constructed within this district shall be fifty percent (50%) of the lot. The maximum percentage of lot coverage for impervious surfaces shall be seventy-five percent (75%). (Ord. 05-10. Passed 4-7-10.)

1. Front. The front yard setback building line for all buildings and accessory buildings shall be a minimum of fifty feet from any existing or proposed right-of-way line of any street or road as shown on the officially adopted City Major Thoroughfare Plan. Service stations, all gas pumps, gas pump islands and other similar facilities shall be located no closer than fifty feet from any residential district, and no closer than fifteen feet from any street or highway right-of-way line and shall not be located within a buffer strip.
   Any tire and tube repairing, battery charging and storage of merchandise and supplies are conducted wholly within a building.
   No entrance or exit shall be located within fifty feet of any residence district. (Ord. 9826-70. Passed 12-2-70.)
2. Side. The minimum width of any side yard shall be ten feet (10'), and both side yards shall together be not less than twenty-five feet in order to assure access of fire fighting equipment.
   Where such use abuts any residence district, there shall be a side yard clearance on the side abutting the residence district of fifty feet. Such space shall remain open and unoccupied by any building or accessory building or use. (Ord. 05-10. Passed 4-7-10.)
3. Rear. Rear yards shall only be required where such yard abuts any residence district. In such case, there shall be a rear yard clearance of fifty feet. (Ord. 9826-70. Passed 12-2-70.)

See Chapter 1153, Off-Street Parking and Loading. (Ord. 9826-70. Passed 12-2-70.)

See Section 1157.01. (Ord. 9826-70. Passed 12-2-70.)

For the encouragement of the development of neighborhood shopping areas to serve the day to day convenience and personal service needs of the residents, provisions are herein made for the B-2 Neighborhood Business District with the following regulations. (Ord. 9826-70. Passed 12-2-70.)

The following uses are permitted in B-2 Districts:

1. Grocery stores and pharmacies, fruit and vegetable markets.
2. Bakery and candy shops.
3. Beauty shops, barber shops, book stores and butcher shops.
4. Florists, shoe repair shops, studios of photography and painting.
5. Business and professional offices of the following types: dentists, doctor, property management, real estate and lawyer offices.
6. Laundromats.
7. Single and two-family dwellings; other multiple unit dwellings up to and including six family dwellings upon the granting of a variance by the Board of Zoning Appeals; the regulations as set forth in the Codified Ordinances Section 1133.02 for height-bulk and lot area shall apply for these types of residential structures within this zoning district.
8. Group residential developments that meet the requirements of the Codified Ordinances Section 1157.11. (Ord. 05-10. Passed 4-7-10.)

No building or structure shall exceed the height of buildings in the most restricted residential district. (Ord. 9826-70. Passed 12-2-70.)

The minimum lot area required for lots in this district is ten thousand, five hundred (10,500) square feet. (Ord. 05-10. Passed 4-7-10.)

The maximum percentage of lot coverage for buildings constructed within this district shall be fifty percent (50%) of the lot. The maximum percentage of lot coverage for impervious surface shall be seventy-five percent (75%). (Ord. 05-10. Passed 4-7-10.)

1. Front. The front yard building setback line for all buildings and accessory buildings shall be a minimum of thirty feet from any existing or proposed right of way of any street or road as shown on the officially adopted City Major Thoroughfare Plan. (Ord. 9826-70. Passed 12-2-70.)
2. Side.
   1. Where a lot does not abut a residence district lot, the minimum width of any side yard shall be ten feet (10'), and both side yards shall together be not less than twenty-five feet (25').
   2. Where a lot abuts any residence district lot, and subject to any requirements of Section 1157.12 (Buffer Zone Requirements), there shall be a side yard clearance on the side abutting the residence district of thirty feet (30').
3. Rear. Rear yards shall only be required where such yard abuts any residence district. Subject to the requirements of Section 1157.12 (Buffer Zone Requirements), there shall be a rear yard of thirty feet (30'). (Ord. 05-10. Passed 4-7-10.)
4. Where adjacent to an existing residence or residential district, all nonresidential uses shall provide and maintain in a healthy growing condition, along such adjacent property line, a green belt buffer strip of trees and shrubs of not less than twelve feet in width. Such buffer strip may be included in the required side or rear yards. (Ord. 9826-70. Passed 12-2-70.)

See Chapter 1153, Off-Street Parking and Loading. (Ord. 9826-70. Passed 12-2-70.)

Signs pertaining to the sale of goods and services conducted on the premises shall be permitted provided such signs are attached to the building, that such signs do not extend above or beyond the building more than three feet, and that such signs do not exceed ten square feet in area.
Signs or outdoor advertising pertaining to goods or services produced or sold elsewhere than on the premises shall be prohibited. (Ord. 9826-70. Passed 12-2-70.)

Within any B-3 General Commercial District, no building, structure or premises shall be used or arranged or designed to be used in any part except for one or more of the following uses:

1. Upon the granting of a variance by the Board of Zoning Appeals, any use permitted in an R-A Residence District, R-B Residence District or R-C Residence District. (Ord. 05-10. Passed 4-7-10.)
2. Retail stores and businesses.
3. Advertising signs, structures or billboards.
4. Amusement establishments such as billiard or pool hall or bowling alley, provided such establishment is located and conducted within a completely enclosed building and is not located nearer than 100 feet to any residence district.
5. Auditorium.
6. Art or antique shop. (Ord. 9826-70. Passed 12-2-70.)
7. Automobile service station, provided:
   1. Any tire and tube repairing, battery charging and storage are conducted wholly within a building.
   2. No entrance or exit shall be located within 50 feet of any residence district. (Ord. 25-16. Passed 6-15-16.)
8. Automobile sales room and service establishment, provided any such services for repairs shall be entirely located within a building.
9. Bakery.
10. Barber shop, beauty parlor.
11. Bank.
12. Book store.
13. Baseball or football stadium.
14. Baths, Turkish or Swedish or similar establishments.
15. Bird store or pet shop; taxidermist.
16. Business college.
17. Blueprinting or photostating.
18. Carpenter or cabinet shop.
19. Catering establishment.
20. Confectionery store.
21. Drug store.
22. Dry goods or notions store.
23. Dry cleaning and pressing establishment, provided only nonexplosive and nonflammable fluid is utilized.
24. Department store, furniture store, radio store.
25. Drive-in business where persons are served food or where purchases can be made from an automobile.
26. Feed or fuel store, wholly within a building.
27. Florist or gift shop.
28. Film exchange.
29. Frozen food locker not including wholesale cold storage.
30. Hardware or electric appliance store.
31. Grocery, fruit or vegetable store.
32. Hotel, motel.
33. Ice storage house of not more than five tons capacity.
34. Interior decorating shop.
35. Jewelry store.
36. Laundry.
37. Medical or dental clinic and laboratory.
38. Meat market, delicatessen store.
39. Music conservatory or music instruction.
40. Newsstands.
41. Office, business or professional.
42. Pawnshop.
43. Plumbing or sheet metal shop, if conducted wholly within a completely enclosed building.
44. Printing, lithographing or publishing.
45. Photographer.
46. Public garage, public parking area.
47. Restaurant, tea room, cafe, tavern.
48. Shoe store, shoe repair shop.
49. Second-hand store, if conducted wholly within a completely enclosed building.
50. Sign painting shop.
51. Studio.
52. Theater.
53. Tailor, clothing or wearing apparel shop.
54. Tire shop.
55. Tourist court.
56. Trade or commercial school, provided there are no objectionable features such as noise, odor or vibration.
57. Undertaking establishment, funeral home.
58. Upholstering shop.
59. Used car sales, provided if such use is not located in a building and also located on any lot adjoining a residence district, such use shall be screened from such residence district by a fence or wall seven feet high and further provided no such sales lot shall be illuminated after 10:00 p.m.
60. Wholesale merchandise broker, excluding wholesale storage.
61. Other uses which in the judgment of the Board of Zoning Appeals are of the same general character as those listed in this section and which will not be detrimental to the district in which they are located.
62. Uses customarily incident to any of the above uses when located on the same lot, provided:
    1. There shall be no manufacture, compounding, processing or treatment of products other than that which is clearly incidental and essential to a retail store or business and where all such products are sold at retail upon the premises.
    2. There shall be no killing of livestock.
    3. Such uses, operations or products are not objectionable due to odor, dust, smoke, noise, vibration or other similar causes.
    4. Accessory buildings located on the same lot. (Ord. 9826-70. Passed 12-2-70.)
63. Group Residential Developments. The regulations as set forth in Section 1157.11 shall apply. (Ord. 72-82. Passed 9-1-82.)
64. Storage buildings.
65. Day care centers permitted by Ohio law.
66. Roller/ice skating rinks. (Ord. 05-10. Passed 4-7-10.)

No building may be built to a height exceeding one and one-half times the width of the street upon which the building fronts. Buildings may exceed this height limit provided the portion of the building in excess of the above height limit is set back from every street and lot line one foot for every additional three feet of height. The height limitations of the street upon which the building fronts shall govern for a distance of 120 feet along a narrower intersecting street. (Ord. 9826-70. Passed 12-2-70.)

The minimum lot area required for lots in this district is ten thousand, five hundred (10,500) square feet. (Ord. 05-10. Passed 4-7-10.)

The maximum percentage of lot coverage for buildings constructed within this district shall be fifty percent (50%) of the lot. The maximum percentage of lot coverage for impervious surface shall be seventy-five percent (75%). (Ord. 05-10. Passed 4-7-10.)

1. Front. The front yard building setback line for all buildings and accessory buildings facing a road, street or highway with no more than three (3) lanes of traffic shall be a minimum of thirty feet (30'). The front yard building setback line for all buildings and accessory buildings facing a road, street or highway with more than three (3) lanes of traffic shall be a minimum of fifty feet (50').
2. Side. The minimum width of any side yard shall be ten feet (10'), and both side yards shall together be not less than twenty-five feet (25') in order to assure access of fire fighting equipment.
   Where a lot abuts any residence district lot, and subject to any requirements of Section 1157.12 (Buffer Zone Requirements), there shall be a side yard clearance on the side abutting the residence district of thirty feet (30') (Ord. 05-10. Passed 4-7-10.)
3. Courts. Where a building is designed for both commercial and dwelling purposes, outer courts may be substituted in lieu of side yards for that part of the building used for dwelling purposes. At any given level such outer court shall be six inches in width for each foot of height of the highest wall abutting such outer court, but in no case shall such width be less than five feet. Any outer court shall be at least one and one-half times as long as it is wide.
   Whenever any room in which people live or sleep cannot be lighted and ventilated from a street, rear yard, side yard or outer court, an inner court must be provided. At any given level such inner court, shall be at least nine inches wide for each foot of height of the highest wall abutting such inner court, but in no case shall any inner court be less than ten feet wide nor less in length than one and one-half times the width.
4. Rear. Rear yards shall only be required where such yard abuts any residence district. In such cases rear yards shall be a minimum of thirty feet. Such space shall remain open and unoccupied by any building or accessory building.
   Any building designed exclusively for residence purposes within any commercial district shall have provided on the lot with such building, a rear yard, the minimum depth of which shall be thirty feet, which depth shall be increased by five feet for each additional story above the first story. In any commercial district, any building used for both residence and commercial purposes shall have a rear yard for the portion of the building used for residence purposes which rear yard shall have a minimum depth of twenty feet which depth shall be increased by four feet for each story above the first story. (Ord. 9826-70. Passed 12-2-70.)
   An accessory building not over twelve feet (12') high at the eaves may be located in the rear yard, provided such building occupies not more than twenty-five percent (25%) of the area of the rear yard, and provided any such detached accessory building is located at least ten feet (10') from the furthest projection of the main building and is at least five feet (5') from any lot line. (Ord. 05-10. Passed 4-7-10.)

See Chapter 1153, Off-Street Parking and Loading. (Ord. 9826-70. Passed 12-2-70.)

See Section 1157.01. (Ord. 9826-70. Passed 12-2-70.)

The B-4 Shopping Center District is provided for the development of shopping centers with the following regulations. (Ord. 9826-70. Passed 12-2-70.)

The following uses are permitted in B-4 Districts:

1. Retail business.
2. Professional offices and services.
3. Banking offices.
4. Cafe, restaurant or other places for serving food or beverage.
5. Services such as laundry pick-up stations.
6. Parking area for shoppers or persons using the permitted facilities.
7. Service stations, subject to the regulations contained in Chapter 1137. (Ord. 9826-70. Passed 12-2-70.)

The following accessory uses are permitted in B-4 Districts:

1. Customary uses incidental to a permitted use, except for outdoor storage.
2. Non-flashing signs pertaining to permitted uses and located on the same lot.
3. Spot lighting of buildings on the same lot, provided such lights are shaded and so located that beams are directed away from any residential district and any public highway. (Ord. 9826-70. Passed 12-2-70.)

No building shall be erected to a height in excess of 100 feet. (Ord. 9826-70. Passed 12-2-70.)

No building or use shall be erected or located on a lot having an area of less than five acres. (Ord. 9826-70. Passed 12-2-70.)

Any principal or accessory buildings shall not cover more than thirty percent of lots. (Ord. 9826-70. Passed 12-2-70.)

1. Front. Front yards shall be a minimum depth of 100 feet from any existing street right-of-way line. For lots fronting on a street shown on the officially adopted Major Thoroughfare Plan, the front yard shall be 100 feet from the proposed right-of-way line, or any subsequent revisions thereof.
2. Side. A side yard of at least twenty feet on each side shall be provided on each lot. Such space shall remain open and unoccupied by any principal or accessory structure or use.
   Where a side yard abuts any residential district, a side yard of at least fifty feet shall be provided. Such space shall remain open and unoccupied by any structure. A ten foot strip adjoining all residential districts shall be maintained as a landscaped buffer area. (Ord. 9826-70. Passed 12-2-70.)

See Chapter 1153, Off-Street Parking and Loading. (Ord. 9826-70. Passed 12-2-70.)

The B-4 Shopping Center District shall be developed as a unit in accordance with a plan properly filed with and approved by the Planning Commission in accordance with the provisions of this Zoning Ordinance. The plan shall include the following requirements:

1. Site plan showing location and dimensions of all proposed buildings, parking areas, means of ingress and egress with access streets where required, loading spaces, location and size of signs.
2. A report on the market to be served, economic justification of the project and types and amount of services needs.
3. Traffic surveys prepared showing:
   1. Proposed effect of the shopping center on adjacent streets and properties.
   2. Anticipated points of origin.
   3. Anticipated direction and amount of traffic flow to and from the shopping center.
4. A report showing the financial ability to complete construction, including landscaping, in accordance with the plan and requirements of this Zoning Ordinance. (Ord. 9826-70. Passed 12-2-70.)

If the physical construction of the shopping center is not started within twelve (12) months after the approval by the Building Inspector, the original permits shall be revoked and application for new permits must be made before construction may continue. (Ord. 05-10. Passed 4-7-10.)

The B-5 Office-Institutional District is herein created with the following regulations. (Ord. 9826-70. Passed 12-2-70.)

In a B-5 Office-Institutional District, any lot may be used for one of the following principal uses, together with its customary accessory uses:

1. Offices, for the conduct of any of the following uses, provided that no merchandise is sold, stocked or displayed on the premises:
   1. Finance and insurance; banks; savings and loan associations; personal credit agencies; insurance offices or agencies.
   2. Real estate: brokers or agents.
   3. Professional: attorneys; engineers; architects; accountants; bookkeepers; auditors.
   4. Medical services: physicians; dentists; chiropractors; veterinarians (handling small animals only).
   5. Business services: advertising agencies; answering services, credit bureaus, employment agencies.
   6. Professional and business organizations; professional membership organizations; business associations; labor unions.
   7. Civic and fraternal organizations.
   8. Government.
2. Hospitals, clinics, medical laboratories.
3. Funeral homes.
4. Colleges, universities, professional schools, public, private and parochial elementary and secondary schools.
5. Churches and other places of worship.
6. Nonprofit settlement houses, community centers, health and welfare agencies. (Ord. 9826-70. Passed 12-2-70.)

There shall be no maximum height for structures except as controlled by Section 1145.07 - Floor Area Ratio. (Ord. 9826-70. Passed 12-2-70.)

Every lot shall have a rear yard with an average depth of at least thirty feet. Such yard shall be kept open and unoccupied by any structure or use. (Ord. 9826-70. Passed 12-2-70.)

Any lot occupied by a dwelling shall have two side yards. The total width of the two side yards shall be at least fifteen feet and the width of the smaller of the two yards shall be at least five feet. (Ord. 9826-70. Passed 12-2-70.)

All structures shall be erected to maintain a setback from the front street right-of-way line of fifty feet or on a setback line with the surrounding residential properties. The area within the setback shall be kept open and unoccupied by any structure or use. (Ord. 9826-70. Passed 12-2-70.)

The ratio of the total floor area of any structure to the total area of the lot on which it is located shall not exceed 0.50 to 1.00. The outside dimensions of the structure shall be used to compute the area of each floor and the total area of all floors, other than basements or attics used for storage and maintenance, shall be computed. In computing lot area, only that portion of the lot located in a B-5 Office-Institutional District shall be considered. (Ord. 9826-70. Passed 12-2-70.)

See Chapter 1153, Off-Street Parking and Loading. (Ord. 9826-70. Passed 12-2-70.)

Self-lighted, non-intermittent, non-flashing signs having a total surface area of not more than twenty-four square feet may be provided. All signs shall be located within the building area. (Ord. 9826-70. Passed 12-2-70.)

Within an Industrial District, no building, structure or premises shall be used or arranged or designed to be used in any part for any of the following uses:

1. Aluminum, brass, copper, iron or steel foundry or works.
2. Acetylene gas manufacture in excess of fifteen pounds pressure per square inch.
3. Ammonia, bleaching powder or chlorine manufacture.
4. Asphalt manufacture or refining.
5. Auto wrecking.
6. Blast furnace.
7. Boiler works or forge works.
8. Brick, tile or terra cotta manufacture.
9. Celluloid manufacture, treatment or storage.
10. Coke manufacture.
11. Creosote manufacture or treatment.
12. disinfectant or insecticide manufacture.
13. Distillation of bones, coal, tar or wood.
14. Dyestuff manufacture.
15. Dyeing at wholesale.
16. Fat rendering.
17. Fertilizer manufacture.
18. Gas (heating or illuminating) manufacture or storage except where such gas is to be entirely consumed on the same premises.
19. glue, gelatin or size manufacture.
20. Incineration or reduction of dead animals, garbage, offal or refuse other than garbage, offal or refuse accumulated and consumed without odor on the same premises.
21. Lamp black manufacture.
22. Match manufacture.
23. Lime, cement or plaster of Paris manufacture.
24. Oilcloth or linoleum manufacture.
25. Pickle, sausage, sauerkraut or vinegar manufacture.
26. Paint, oil, varnish or turpentine manufacture.
27. Paper and pulp manufacturing by sulphide processes emitting noxious gasses or odors.
28. Printing ink manufacture.
29. Rayon or cellophane manufacture.
30. Refining of petroleum or other crude materials.
31. Rolling mill.
32. Rubber manufacture from crude materials.
33. Shoddy manufacture.
34. Soda ash, caustic soda and washing compound manufacture.
35. Slaughtering of animals, exclusive of poultry killing.
36. Smelting.
37. Soap manufacture.
38. Starch, glucose, dextrine manufacture
39. Stock yards.
40. Storage or balling of scrap paper, rags, scrap, metals or any type of salvage materials.
41. Storage of dismantled automobiles or any form of junk.
42. Sugar refining.
43. Sulphureous, sulphuric, nitric or hydrochloric acid manufacture.
44. Tallow, grease or lard manufacture or refining.
45. Tanning or curing of leather, raw hides or skins or storage of raw hides or skins.
46. Tar distillation or manufacture.
47. Tar roofing or tar waterproofing manufacture.
48. Tobacco manufacturing or treatment for chewing purposes.
49. Wool scouring, hair manufacture.
50. Yeast manufacture.
51. Any other trade, industry or use that is injurious, noxious, offensive, or hazardous by reason of the emission of odor, dust fumes, smoke, noise or vibration. (Ord. 9826-70. Passed 12-2-70; Ord. 10225-73. Passed 12-5-73.)

The provisions of Chapter 1141, for B-3 General Commercial Districts, shall apply. (Ord. 9826-70. Passed 12-2-70.)

1. Uses Permitted. Any normal industrial or manufacturing use provided that such use is not noxious, dangerous or offensive by reason of the emission of odor, rust, smoke, gas, noise, flame or vibration. It is further specifically provided that no new junk yards or scrap metal processing facilities, as defined in Section 729.05 shall be permitted in the City from and after the effective date of this ordinance. (Ord. 46-81. Passed 7-1-81.)
2. Height, Rear Yards, Courts, Side Yards and Setback Line; Off-Street Parking and Loading. The provisions of Chapter 1141, for B-3 General Commercial Districts shall apply; except that the provisions of Chapter 1153, Off-Street Parking and Loading shall apply as to Off-Street Parking and Loading requirements.
3. Scrap Metal Processing Facility.
   1. Defined. "Scrap metal processing facility" means an establishment having facilities for processing iron, steel or nonferrous scrap and whose principal product is scrap iron and steel or nonferrous scrap for sale or remelting purposes.
   2. Lot area required. A lot area of ten acres is required.
   3. Setback from all abutting City streets and thoroughfares. Such facility must be set back 100 feet from all abutting City streets and thoroughfares.
   4. Side yard requirements. Where the use abuts any residence district there shall be a side yard clearance abutting the residence district of fifty feet. Such space shall remain open and nonoccupied by any building or storage.
   5. Rear yards. Where such yards abut any residence district, there shall be a rear yard clearance of fifty feet.
      1. Where adjacent to an existing residence or residential district all nonresidential uses shall provide and maintain in a healthy growing condition along such adjacent property line, a green belt buffer strip of trees and shrub of not less than twelve feet in width.
      2. Any scrap metal processing facility shall install a fence or barrier at least six feet in height constructed of nontransparent material and maintained so as to obscure the scrap material stored from the ordinary view of persons passing upon City streets and thoroughfares.
4. Prohibited Uses.
   1. Dumping, storing, burying, reducing, disposing of or burning garbage, refuse, rubbish, offal or dead animals.
   2. Junkyards, automobile graveyards or places for the collection or sale of paper, rags, glass, salvage or junk for salvage or storage purposes. (Ord. 263-77. Passed 8-3-77.)

In all zoning districts, off-street parking facilities for the storage or parking of self-propelled vehicles for use of occupants, employees and patrons of the buildings hereafter erected, altered or extended after the effective date of this section, shall be provided and maintained as herein prescribed.

1. In determining the number of parking spaces required, if such spaces result in fractional parts thereof, the number of such spaces required shall be construed to be the nearest whole number.
2. Whenever a use requiring off-street parking is increased in floor space, additional parking space shall be provided in the amounts hereafter specified for that use, if the total parking space is inadequate to serve the increased floor area.
3. For the purpose of this Zoning Ordinance, "floor area", in the case of offices, merchandising or service types of uses, means the gross floor area of the structure.
4. Off-street parking facilities for one and two-family dwellings shall be located on the same lot or plot of ground as the building served. Off-street parking facilities for other than one and two-family dwellings shall be within 300 feet of the building intended to be served. An industry which employs 500 or more employees may supply off-street parking at a distance greater than 300 feet from such industry upon approval of the Commission.
5. The off-street parking requirements for uses not specifically mentioned herein, shall be the same as those required for uses of a similar nature.
6. Collective off-street parking facilities may be provided; however, such facilities shall be no less than the sum of such facilities as would otherwise be individually required.
7. The amount of off-street parking space required for uses, buildings or additions thereto shall be determined according to the following requirements, and the space so required shall be stated in the application for a building permit and shall be reserved for such use. (Ord. 9826-70. Passed 12-2-70.)

1. One and two-family dwellings or mixed occupancy: Two (2) parking spaces for each dwelling unit;
2. Multiple dwellings: Two (2) parking spaces for each dwelling unit;
3. Tourist homes or cabins: One (1) parking space for each sleeping room or suite, including that of the owner or manager if resident on the premises;
4. Hospitals, sanitariums, convalescent homes and homes for the aged or similar use: One (1) parking space for each three patients, plus one space for each two employees and staff members;
5. Orphanages or similar use: One (1) parking space for each ten beds;
6. Hotels: One (1) parking space for each guest sleeping room;
7. Motels: One (1) parking space for each sleeping room;
8. Fraternities, sororities, boarding and lodging houses: One (1) parking space for each two sleeping rooms;
9. Community centers, libraries, museums, post offices, civic clubs, etc.: One (1) parking space for each 50 square feet of floor area;
10. Theaters and auditoriums (other than incidental to schools): One (1) parking space for each four seats plus one (1) additional space for each two employees;
11. Churches and schools: for churches, one (1) space for each four seats in the principal gathering space; for schools, the parking requirements set forth in the Ohio School Facilities Commission manual, as it may be amended from time to time;
12. Dance halls, pool and billiard halls, exhibition halls without fixed seats, roller rinks and ice skating rinks: One (1) parking space for each one hundred (100) square feet of floor area used by participants.
13. Stadiums and sports arenas: One (1) parking space for each four seats;
14. Bowling alleys: Five (5) parking spaces for each alley;
15. Mortuaries or funeral homes: One (1) parking space for each fifty (50) square feet of floor space in the slumber rooms, parlors or individual funeral service rooms;
16. Establishments for sale and consumption on the premises of alcoholic beverages, food or refreshments: One (1) parking space for each fifty (50) square feet of floor area plus one (1) parking space for each employee, up to five (5) employees;
17. Medical or dental clinics, banks, business or professional offices: One (1) parking space for each two hundred (200) square feet of floor area;
18. Beauty shops and barber shops: Two (2) parking spaces per barber and/or beauty shop operator;
19. All retail stores, except as otherwise specified in this section: For each one (1) square foot of floor space devoted to retailing, there shall be three (3) square feet of space devoted to parking;
20. Industrial establishments, including manufacturing, research and testing laboratories, creameries, bottling works, printing and engraving shops: One (1) parking space for each employee of the work shift with the maximum number of employees;
21. Warehouses and storage buildings: Sufficient parking spaces to accommodate employees and the loading and unloading of materials. (Ord. 05-10. Passed 4-7-10.)

1. Parking lots or areas adjacent to public streets shall have driveways or openings not more than twenty-five feet in width at the curb line. All such lots or areas shall have a protective wall or bumper block at least five feet from any sidewalk line and such lots shall be so designed that all vehicles leaving the facility will be traveling forward to approaching traffic.
2. No driveway or curb shall exceed twenty-five in width. Detailed plans shall be submitted for approval of all curb cuts or driveway openings in commercial and manufacturing districts before a building permit may be obtained therefor.
3. Entrances, exits or driveways shall not be computed as any part of a required parking lot or area. (Ord. 9826-70. Passed 12-2-70.)

Off-street parking and loading regulations for commercial and industrial districts are as follows:

1. Any vehicle parking space in a commercial or manufacturing district shall be used for parking only. Any other use of such space, including repair work or servicing of any kind other than in an emergency, or the requirement of any payment for the use of such space, shall be deemed to constitute a separate commercial use in violation of the provisions of this Zoning Ordinance.
2. No buildings or structure of any kind shall be erected in any off-street parking space except a parking garage containing parking spaces equal to the requirements of this section.
3. No signs shall be displayed in any such vehicle standing space except signs to direct the orderly use of such space.
4. The design of all off-street parking facilities and means of access thereto, shall be subject to the approval of the Planning Commission.
5. The vehicle parking space on any lot, as set forth and designated in this Ordinance, shall be deemed to be required open space on such lot, in addition to any yard space required by the provisions of this Ordinance, and shall not be reduced or encroached upon in any manner. (Ord. 9826-70. Passed 12-2-70.)

On the same premises with every building, structure or part thereof erected and occupied for manufacturing, storage, warehouse goods display, department store, wholesale store, market, hotel, hospital, mortuary, laundry, dry cleaning or other uses similarly involving the receipt or distribution of vehicles or materials or merchandise, there shall be provided and maintained on the lot adequate space for standing, loading and unloading services in order to avoid undue interference with public use of streets or alleys. Such space, unless otherwise adequately provided for, shall include a ten feet by twenty-five feet loading space, with fourteen feet high clearance for every 10,000 square feet or fraction thereof in excess of 3,000 square feet of building floor use or land for the above mentioned purposes. (Ord. 9826-70. Passed 12-2-70.)

All zoning requirements for setbacks for use of districts shall meet the provisions of this Zoning Ordinance; construction of signs and outdoor advertising shall meet the requirements as set forth in Chapters 1325 and 1327. (Ord. 9826-70. Passed 12-2-70.)

Parapet walls not exceeding four feet in height, chimneys, ventilators, cooling towers, elevators, bulkheads, tanks, radio towers, ornamental towers, monuments, cupolas, domes and spires may be erected above the height limits herein established. (Ord. 9826-70. Passed 12-2-70.)

In commercial, industrial and heavy manufacturing districts, unless otherwise provided for, the measurement of the depth of a rear yard may be made to the center line of an alley, should an alley exist at the rear of the premises. (Ord. 9826-70. Passed 12-2-70.)

No building in the rear of the principal building on the same lot shall be used for residence except for domestic employees of the owner or the tenants of the principal buildings, unless such rear building shall conform to the open space requirement of this Zoning Ordinance for the principal building and shall have on the same lot an easement of access unoccupied to a street at least twelve feet wide in addition to any other open space requirements of this Ordinance. (Ord. 9826-70. Passed 12-2-70.)

The setback line for a building in the rear of the principal building shall be measured twenty-five feet from the rear line of the rear yard required for the principal building. (Ord. 9826-70. Passed 12-2-70.)

When and if any areas are annexed to the City after the effective date of this Zoning Ordinance, the zoning regulations of these areas then in effect, prior to annexation, shall remain in full force until such time as consideration of the zoning for such property is taken as required by State law. (Ord. 72-82. Passed 9-1-82.)

Nothing herein contained shall prevent the restoration of a wall declared unsafe by the Building Inspector. (Ord. 9826-70. Passed 12-2-70.)

The following regulations are established in all Residence Districts, such revisions being in some cases amendatory and in other cases in addition to the provisions of the original Zoning Ordinance.

1. Visibility at Intersections. It is the intent of this revision to provide a clear zone of twenty-five feet from all intersections for clear visibility of the motorist. This twenty-five feet clear zone shall be free from all structures, fences and shrubbery which project into the line of visibility. (Ord. 9826-70. Passed 12-2-70.)
2. Campers and Trailers.
   1. No self-propelled camper, camper, boat, house trailer, boat trailer, utility trailer or any other object mounted on wheels and designed to be towed or trailed shall be parked no nearer than five feet to the rear or side property line. Such vehicles shall not be parked within the front setback area, except during the period from May 1 through October 1 of each year. When such vehicles are parked within the front setback area, they shall not be parked so as to obstruct any sidewalk, nor in a manner which in the opinion of the Zoning Inspector would create a safety hazard for drivers exiting the driveway of adjoining properties. Furthermore, such vehicles shall be parked in an area consisting of a hard surface of asphalt, concrete, brick or stone.
   2. Temporary use of trailers within a residence district for hardship cases may be obtained from the Board of Zoning Appeals upon a showing of necessity for the trailer. Said temporary use shall be good for one year from the date of issuance. (Ord. 79-17. Passed 12-20-17.)

1. All garages, attached and detached, and porches, open and closed, must be constructed within the required setback lines and the ten foot building separation requirement. The purpose of this revision is to clarify the point at which the distances are measured.
2. All measurements for right-of-way setback, side yard clearance and building separation shall be made from the furthest point of protection. This measurement line becomes an imaginary vertical plane from the ground to the sky at the point of furthest projection of all overhangs and etc. The separation requirement of the dwelling unit and a detached garage shall include all porch and overhang projections.
   1. Attached garages. Minimum side yards for dwellings with attached garages shall be five feet on each side.
   2. Detached garages. Detached garages shall be located within the rear yard and setback ten feet from the main dwelling structure and located at least two feet from any lot line. (Ord. 9826-70. Passed 12-2-70.)

1. For the purpose of this Zoning Ordinance, all fences shall be considered as structures and as such fall under the provisions of the Building Code. No fence shall be constructed or built without a building permit and construction of all fences shall meet with the provisions of the Building Code.
2. All fences constructed within a residential district shall comply with the following provisions:
   1. All fences shall not be erected closer than the one foot to the property line;
   2. All types of fences shall have a finished appearance on the side facing a neighboring property, or the street;
   3. Prohibited types of fences:
      Barbed wire; Non-secured type of wire fence; and fences made of any other materials that at the discretion of the Building Inspector would constitute a hazard to the safety and welfare of the general public:
   4. Front yard fences (fences to the dwelling foundation line, not including the porch) are limited as follows:
      1. All front yard fences exceeding 36 inches above the established sidewalk height (or, if no sidewalk exists, then the established street grade) shall be “open type” fences, and shall not exceed 48 inches in height; “open type” fences are defined as fences having not less than 50% of the area of its vertical plane open to light and visibility;
      2. Side and rear yard fences: Along side and rear yards, open and solid type fences are permitted to a maximum height of 72 inches, unless in the opinion of the Building Inspector, a solid fence would create a safety hazard for drivers exiting an adjoining drive; in such a case, open type fences may be required by the Zoning Inspector.
3. All fences shall be constructed of materials approved by the Zoning Inspector as durable, weather resistant and aesthetically pleasing, and must be constructed of materials that, in the opinion of the Zoning Inspector, would not constitute a hazard to the safety and welfare of the general public.
4. No fence shall be erected in such a manner as to prevent access to City or other public utility meters. (Ord. 31-02. Passed 11-20-02.)

A permit for a Group Residential Development in an R-B, R-C, B-2 or B-3 Zoning District may be issued provided the following requirements and standards of this Section have been complied with:

1. Preliminary Plan. The owner(s) of a tract of land containing not less than one acre shall submit to the Building and Zoning Inspector for review a preliminary plan for the use and development of such tract of land for a group residential development project.
2. Design Standard. The plan of the project shall provide for:
   1. The grouping and harmonious design of buildings;
   2. Building footprint(s) (showing the outside perimeter walls of the building(s), building square footages; listing all floor levels separately), and building elevation view(s), all of which shall be shown for any units the owner proposes to construct in the development;
   3. The proposed building materials;
   4. Adequately and properly arranged facilities in conformance with the requirements of Section 1175.06;
   5. Off street parking and loading;
   6. Landscaping;
   7. Buffers, including fencing, landscaping and greenspace; and;
   8. Such other features and facilities as may be necessary to make the project sufficient from the standpoint of the developer as well as from the standpoint of the adjoining or surrounding existing or potential developments, and the City of Niles.
3. Area Requirements. The minimum site area for a residential development project shall be one acre.
4. Uses Permitted. Permitted uses shall be those permitted in the district in which the development is to be located. Fencing around the perimeter boundary of the development project shall also be permitted. The use of this perimeter fencing shall be either at the direction of the City or at the discretion of the developer if approved by the City. The type of fencing shall be approved by the City.
   No sheds or outbuildings shall be permitted. A swimming pool/clubhouse is permitted, provided the pool/clubhouse is constructed by the developer or association formed for the benefit of the owner(s) of the units within the developments.
5. Building Heights and Yards.
   1. Building height requirements shall be the same as in the district in which the development is to be located.
   2. Where rear yards are adjacent to properties that are not part of a Group Residential Development, the rear yard requirements shall be the same as found in Section 1131.05(b). Where rear yards are adjacent to the rear yards or side yards of other units in a Group Residential Development, the minimum spacing between units shall be 60 feet.
   3. A minimum building separation of ten (10) feet shall be required for all side yards, except as noted in Paragraph B above. Where property lines exist within the development, there shall be a minimum side yard of five feet (5’) between property lines. Where a side yard is adjacent to a street line, the side yard setback shall follow the requirements of Section 1131.05(d). If no street line is shown on the development plans, the side yard setback shall be the greater of either thirty five feet (35’), (measured from the edge of the pavement or curb) or, the average setback within the block in accordance with Section 1131.05(d).
   4. If a street boundary line is shown on the development plan(s), it shall be shown at a minimum width of fifty feet (50’), with the street surface centered within the street boundary lines; and, the building “setback line” requirements of Section 1131.05(d) shall apply, with the distances measured from the street boundary line. If no street boundary line is shown on the development plan(s), the building setback line shall be thirty five feet (35’) measured from the edge of the pavement or curb.
   5. The minimum lot area required (or density if the development does not include lot lines) shall be as follows:
      One Family Dwelling: 10,500 square feet Two Family Dwelling: 12,225 square feet Three Family Dwelling: 14,650 square feet Four Family Dwelling: 17,075 square feet Five Family Dwelling: 19,500 square feet Six Family Dwelling: 21,500 square feet There shall be a maximum of twelve (12) family units per acre. The area constituting the roadway(s) for the development shall be calculated at a minimum width of fifty feet (50’), and shall be excluded in determining the “lot area.”
6. Recreation Areas. If the project contains twenty (20) acres or more, at least five percent (5%) of the acreage of such site shall be developed as a neighborhood recreation area or areas. If the site contains less that twenty (20) acres, the required recreation area shall be two thousand (2,000) square feet for the first fifty (50) dwelling units plus thirty (30) square feet for each additional unit in excess of fifty (50).
7. Off-street Parking and Service Facilities. There shall be at least two (2) off-street parking spaces for each dwelling unit. Service drives and other service facilities shall be located entirely within the project site separate from the off-street parking required herein.
8. Construction and Site Plan Approval. After the Building and Zoning Inspector has certified to the City Engineer in writing that the developer’s Preliminary Plan has met the requirements of subsection (b)(1) through (7) hereof, the developer shall submit a construction site plan of the project to the Niles City Engineer for his review and approval. The plan is to be prepared and certified by a registered engineer in the State of Ohio unless deemed necessary by the Niles City Engineer, subject to the following requirements:
   1. Plan view of the project showing existing and proposed sanitary sewers and appurtenances, storm sewers and appurtenances, elevations and grades, and any other information requested by the City Engineer necessary for site plan approval;
   2. Sanitary sewer plan, profile and appurtenances showing size of pipe, elevations, grades, type of materials, and any other information requested by the City Engineer necessary for approval;
   3. Storm sewer flow calculations prepared by a Professional Civil Engineer showing the existing and proposed run-off and storm water management controls based on criteria acceptable under City Ordinances regarding storm water management at the time of the review;
   4. Storm sewer and storm management plans, with profiles and appurtenances showing size of pipe, elevations, grades, type of materials and any other information requested by the City Engineer for approval;
   5. Existing ground elevations, proposed ground elevations and contours showing direction of drainage;
   6. Access drive(s) location and design with horizontal and vertical control designed in accordance with the requirements of Section 1175.06. If traffic congestion is considered to be a problem for the proposed project, the City Engineer will require from the developer a traffic analysis of the existing traffic, project and combined traffic where such traffic enters upon the public right of way. A Professional Engineer must prepare the study. The developer is responsible for any traffic mitigation when required, and shall comply with all applicable City and State regulations for such traffic mitigation.
   7. The requirements of the City Engineer for the purpose of reviewing a project are not limited to the above requirements. Any additional information requested by the City Engineer is required for completion of the review.
9. Planning Commission Recommendation. The City Engineer, upon completion of his review, shall forward his comments regarding the feasibility of the proposed project to the City Planning Commission. The Planning Commission shall then consider the proposed project at its next meeting, and make a recommendation for its approval or disapproval to City Council.
10. Action on Permit by City Council. The permit to construct the proposed project in exact accordance with the construction site plan submitted to, and reviewed by, the City Engineer and the City Planning Commission may only be issued after approval by City Council by written Resolution, enacted in compliance with Ohio law. Council may hold a public hearing on the proposed project prior to acting on the Resolution. City Council may require more restrictive requirements or allow less restrictive requirements or allow less restrictive requirements from any part of this section.
    If Council fails to approve the Resolution authorizing issuance of the permit, and the Developer chooses to re-submit the project by amending the construction and site plan, or submitting an entirely new plan, such resubmission must be made first to the Building and Zoning Inspector, and each subsequent step for approval required under the section must be followed.
11. Recording Requirements. The Developer whose Group Residential Plans have been approved by Council shall prepare the Mylar sheet(s) (not to exceed 24” x 36”) of the approved site plan with the following information contained thereon:
    1. A layout of the proposed buildings on the site plan including: building footprints (showing outside perimeter walls of the building); building square footages (listing all floor levels separately); building elevation views; building materials; and approved driveways;
    2. Existing and approved storm sewer plans and appurtenances showing size of pipe, elevations, grades, type of materials, and any information requested by the City Engineer;
    3. Sanitary sewer plans and appurtenances, showing size of pipe, elevations, grades, type of materials, and any other information requested by the City Engineer;
    4. Storm sewer flow calculations showing the existing and approved run-off and storm water management controls;
    5. The storm sewer and storm water management control plan and appurtenances showing size of pipe, elevations, grades, type of materials and any other information requested by the City Engineer;
    6. Existing ground elevations, and approved ground elevations and contours showing direction of drainage;
    7. Said Mylar shall be completed in a form that shall be deemed “recordable” by the Trumbull County Recorder, and shall be recorded by the Developer prior to the commencement of construction.
12. Deviation from the Approved Construction and Site Plans. If City Council approves the proposed project as submitted, neither the developer, nor his successors or assigns, may deviate from the plans approved by Council without submitting a written proposal describing in detail the proposed deviation to the Building and Zoning Inspector and the City Engineer for review and comment. Upon completion of said reviews by these individuals, the proposal and comments shall be turned over to Council’s Safety Committee for a written determination whether said proposed change(s) amount to a “submittal deviation” from the approved plans for the project. If the Safety Committee determines that the proposed change(s) do not amount to a “substantial deviation”, then the changes shall be approved under the supervision of the Building and Zoning Inspector and the City Engineer. A substitution of an approved building footprint for a “like kind” approved unit (one family for one family, two family for two family) shall not be considered a substantial deviation. If the Safety Committee determines that the proposed change(s) amount to a “substantial deviation”, then the sponsor of the deviation shall prepare amended preliminary, construction and site plans, and cause each submitted plan to be reviewed and approved in accordance with all the provisions of this Ordinance, including approval by City Council by written Resolution enacted in compliance with Ohio law. In addition, said approved, amended plans shall be recorded with the Trumbull County Recorder prior to construction in accordance with the amended plans.
13. Inspection of Construction. The Building and Zoning Inspector and the City Engineer and their staff members shall have the right to enter upon the private land when construction is taking place for the purpose of inspecting and determining that all work performed is as planned and approved by City Council. If any of these City officials notice any work being constructed contrary to plan, the Building and Zoning Inspector will take the necessary steps to stop construction. The Building and Zoning Inspector will then notify the proper party to conform to the approved plans and that construction shall not be continued until such time as the defective work is corrected and approved by the City Engineer and the Building and Zoning Inspector. (Ord. 21-06. Passed 6-7-06.)

1. A Buffer Zone Requirement is hereby established within the City of Niles for new construction projects, on construction projects which increase the size of an existing building, on land that is not zoned R-A Residence District, (“Non-RA”) but abuts land that is zoned R-A Residence District (“RA”). This Buffer Zone requirement will not be applied to the following projects:
   1. Additions to single family dwellings (that do not alter the existing dwelling from a single family dwelling to a multiple family dwelling), as well as construction of new garages, or additions to existing garages, provided that such new or existing garages are not being used for commercial or industrial purposes;
   2. Construction projects that have already site plan approval from the City’s Planning Commission as of the effective date of this section.
2. The Buffer Zone shall provide a year round visual screen between the land zoned R-A and the land zoned Non-RA. The buffer shall be constructed on the land that is Non-RA, shall be fifty foot in width, and shall consist of evergreen trees and earthen mounds. The height of each tree, when planted, shall be at least six feet. The overall height of the earthen mound and the trees shall be at least fifteen feet when constructed. The trees shall be sufficient in number to obscure each parcel of land from the other’s view. The zone shall extend the full length of the property line(s) between Non-RA and RA parcels.
3. The owner(s) of the non-RA land, and his heirs, executors, administrators, successors or assigns shall be required to continue to maintain this buffer zone to the standards established hereinabove involve. No buildings, structures, storage of materials or parking shall be permitted within the buffer zone. The buffer zone shall be kept free of all debris, rubbish and weeds.
4. Owners of non-RA land who are required by the terms of the section to construct a buffer zone, who would be unable to engage in their proposed construction due to the buffer zone width requirement established hereunder, may petition the Board of Zoning Appeals for a variance, allowing a reduction in the width or other requirements of the buffer zone.
5. An occupancy permit for any construction project subject to this section shall not be issued until the buffer zone has been constructed and approved by the Building and Zoning Inspector. (Ord. 30-96. Passed 5-22-96.)

1. Steel or metal siding and roofing shall be permitted in residentially zoned areas and shall be installed in compliance with all manufacturers' specifications and all requirements of the Ohio Building Code as it may be amended from time to time.
2. All steel or metal siding shall be compatible in color, texture and design with similar dwelling or structures in the immediate neighborhood. Bright, fluorescent or other similar colors are prohibited.
3. The steel or metal roof color shall read as a single color that is compatible with all building wall colors. All steel or metal roofing shall be compatible in color, texture and design with similar dwelling or structures in the immediate neighborhood. Bright, fluorescent or other similar colors are prohibited.

Each building and its accessory buildings must be constructed on one lot, except as may be allowed in Section 1157.11, Group Residential Developments. (Ord. 05-10. Passed 4-7-10.)

1. Construction Sites. Mobile offices, trailers, temporary toll and supply storage and portable sanitary facilities used in conjunction with the construction of any building or structure in any district shall be located behind the building setback line of the lot and observe all side and rear yard regulations. Such temporary structures used for the duration of active construction shall require a zoning permit. No fee shall be charged for the issuance of this permit. Such structures shall be removed within ten (10) days of the end of the active construction, or within ten (10) days of the issuance of a certificate of occupancy for the building being constructed, whichever date is earlier.
2. Storage Use. One trailer or other storage structure used in addition to a lawful one-site business for the temporary storage of materials, equipment, inventory, merchandise or wares in commercial, heavy manufacturing or industrial districts shall require a zoning permit and shall conform to all requirements of the district in which they are located. Permits for additional trailers or storage structures will also be permitted if justification for such additional units is shown to the satisfaction of the Zoning Inspector. Such building(s) shall not be used in residential districts unless an exception is granted by the Zoning Inspector. Such permits shall be issued for a period not to exceed ninety (90) days, not to exceed one hundred eighty (180) days in a calendar year.
   The cost of this permit shall be one dollar ($1.00) per day; except that applicants for permits for trailers or other storage structures used for the temporary storage of discarded automobile parts, including but not limited to tires and batteries, as permitted in a B-3 Zoning District, shall not be required to pay a fee to receive the permit authorized under this subsection.
3. Prohibition. No person, firm or corporation shall park or store a structure commonly referred to as a mobile home or trailer on any property within the City unless it is done in accordance with the provisions of this section.
4. Penalty. Persons, firm or corporations violating any provision of this section shall be guilty of a minor misdemeanor upon a first conviction, and a fourth degree misdemeanor upon subsequent convictions.
5. The Zoning Inspector, with the assistance of the Police Department , is authorized to provide for the removal of structures from public or private property when such structure is found on such property in violation of this section. Any structure removed under authority of this section shall be ordered into storage, and the Zoning Inspector shall forthwith notify the owner of the property of the fact of such removal and impounding, reasons therefor and the place of storage. Any person desiring to redeem an impounded structure shall appear at the Zoning Inspector's office to furnish satisfactory evidence of identity and ownership or right to possession. Upon display of such satisfactory evidence, the Zoning Inspector shall issue a release form. The storage operator shall release such structure upon receipt fo the release form and payment of all towage and storage charges. (Ord. 05-10. Passed 4-7-10.)

1. Definition. For the purposes of this section, a kennel is defined as:
   1. Any lots or premises on which five or more dogs or cats, at least four months of age are kept, boarded, or trained, whether in special structures or runways, or not;
   2. A structure in which breeding, caring for, or housing of dogs or cats is done for compensation or monetary purposes.
2. Location of Kennels. Kennels may only be located within Industrial Districts and Commercial Districts, other than B-2 Neighborhood Commercial districts. In addition any buildings, structures or facilities, including runways, must be located at least 300 feet from any property line in any residential district.
3. Pre-Existing Kennels. This section shall not be applied to kennels in existence on the date this section is passed by vote of City Council as determined by the City's Animal Control Officer and the Building and Zoning Department. This exemption shall cease, however, upon transfer of the ownership of the kennel or of the ownership of the land upon which the kennel is situated. (Ord. 05-10. Passed 4-7-10.)

The construction and/or operation of landfills, transfer stations, medical waste facilities, toxic material disposal facilities, facilities for the treatment of soil contaminated by regulated or non-regulated petroleum products or hazardous substances and salt water injection wells and injection wells for any other waste materials produced in association with oil and natural gas drilling within the City are hereby deemed prohibited zoning uses within the City. (Ord. 23-12. Passed 10-17-12.)

1. In any residentially zoned district, no person shall stand or park, or permit to stand or be parked, a motor vehicle, trailer, semitrailer, truck, vehicle and/or construction equipment on the tree lawn, or on the front, rear or side yards or lawn. (Ord. 80-17. Passed 12-20-17.)
2. It is Council’s intent that existing yards and lawn areas in residentially zoned properties be preserved as much as possible. Therefore, parking is generally permitted only on a driveway that was originally constructed of asphalt, concrete or other impervious surface approved by the Building and Zoning Inspector.
3. No driveway shall be extended or widened onto or into any part of the existing lawn or tree lawn unless approved by the Building and Zoning Inspector and said new parking area must be constructed of asphalt, concrete or other impervious surface approved by the Building and Zoning Inspector.
4. Whoever violates the provisions of this section shall be guilty of a fourth degree misdemeanor. Each day that a violation continues may be deemed a separate offense. Notwithstanding the foregoing, a minimum fine of $25.00 per day the violation continues shall be imposed by the Court. (Ord. 03-12. Passed 2-15-12.)

1. For purposes of this section, “graffiti” means any inscription, design, word, figure or mark of any type drawn, marked, painted, tagged or written upon any building, fence, gate, rock, structure, tree, wall or other property or portion thereof, visible to the public which defaces, damages, or destroys any private, real or personal property, without the privilege to do so.
2. The owners and/or occupants of all property shall maintain the exterior of all structures and premises free from graffiti when such graffiti is visible from any point off the property. Owners and/or occupants on whose property graffiti is displaced shall completely remove the graffiti without leaving the surface color in a spotted or mismatched condition or shall completely and uniformly cover the graffiti with appropriate paints or finish within ten days after being ordered to so by the Zoning Inspector. If the owner and/or occupant having charge of or responsibility for maintenance of the building or land fails to comply with the notice, the Service Director shall thereupon cause the graffiti to be removed, and for such purpose may employ the necessary labor to carry out the provisions of this section. All expenses of labor and costs incurred shall, when approved by the Service Director, be paid out of City funds not otherwise appropriated. Costs incurred by the City for removing such graffiti shall be entered upon the tax duplicate and shall be a lien upon such lands and property.
3. If due to inclement weather conditions the owner or occupant would be unable to remove or cover the graffiti within ten days after notice from the Zoning Inspector, the owner or occupant may make a written request to the Zoning Inspector to extend the ten day time period. The Zoning Inspector shall respond to the owner or occupant within two business days as to whether the extension will be granted.
4. Where the individual(s) responsible for applying the graffiti are successfully prosecuted under Section 541.10, and is/are ordered pursuant to subsection (d) of that section to make restitution by monetary payment for the loss or damage incurred, and a lien for costs of removal has been placed upon the owner of the affected property, the City shall take steps to remove the lien from the property and hold the convicted individual(s) solely responsible for the cost of the graffiti removal or covering. (Ord. 27-12. Passed 12-5-12.)

The location and operation of new sites designated in the City of Niles for the storage and maintenance of construction and demolition debris or the modification or expansion of an existing site will be located only in an industrial zone. The storage sites will be established in accordance with Ohio Revised Chapters 3714 and 3745, rules and regulations of the Ohio Environmental Protection Agency (OEPA), the United States Environmental Protection Agency (USEPA), the Trumbull County Solid Waste District and the Codified Ordinances of the City of Niles. (Ord. 6305. Passed 11-2-05.)

The site location of any construction and demolition debris storage management site shall be limited as follows:

1. Such site shall be no closer than 2,500 feet of any lot, parcel or piece of real property zoned as an R-A, R-B or R-C Residence District, nor closer than one mile of any “environmentally natural area”, to include undisturbed, established or re- established areas intended for scientific, recreational or educational purposes and any “wetlands” in accordance with the accepted definitions set forth by the Ohio Department of Natural Resources and United States Army Corps of Engineers;
2. Shall not allow contamination of any aquifer, stream, lake, river, or potable water source as determined by independent hydrologic survey;
3. Shall not be within the natural terrain boundaries of a one hundred year flood plain as determined by the Trumbull County Engineer;
4. Shall not create a nuisance, hazard, or pollution effect, (i.e., visual olfactory, audio) or cause a nuisance from dust or particles of dust, including that which occurs during unloading activities and through transport of waste. Definition of olfactory nuisances determined by levels scientific accepted as that which are above ambient levels, or irritating to senses. Audio emissions at property line not to exceed 45 decibels (ambient background levels) during construction or operation as measured by trained City personnel, i.e., police or fire personnel. The use of OSHA approved alternatives or sound barriers shall be used to maintain ambient background levels. (Ord. 63-05. Passed 11-2-05.)

1. All material presented for storage at the site may be randomly inspected by a City representative before being accepted for off-loading or permanent storage.
2. Material will be accepted only for permanent storage; “tipping” or temporary storage will not be permitted.
3. Hazardous materials shall not be accepted for storage.
4. Solid waste, or unidentifiable pulverized debris, shall not be accepted for storage. (See USEPA Subtitle D of RCRA). Unacceptable material will be disposed of offsite in a safe and legally determined manner.
5. Material received each day for storage will be covered with earth before the site is closed for the day.
6. Operator shall first obtain the approval of the Niles City Health District for the establishment of a storage site.
7. Operator shall provide to City Council a plan for the continued restoration and maintenance, including daily cleanup, of all City maintained roads leading to and from the storage site.
8. Operator shall provide the City police and fire safety forces access to the storage site of periodic inspection to determine whether the site is in compliance with applicable provisions of the Ohio Revised Code and the Codified Ordinances of the City of Niles.
9. Operator shall provide the City’s Building and Zoning Department with information confirming the quantities of material stored at the site in order to enforce compliance, oversight and inspection of the storage site.
10. Operator shall seek approval from the City’s Street Superintendent as to which streets or public thoroughfares situated within the City will be utilized to gain access (ingress and egress) to and from the storage site.
11. Operator shall provide the Street Superintendent with information concerning truck traffic accessing the storage site in order to enforce truck weight limitations; and, to prevent congested truck traffic along public roads or thoroughfares situated within the City. (Ord. 63-05. Passed 11-2-05.)

1. With the cessation of operations, all materials will either be removed or placed in an excavation and completely covered with dirt or integrated with the surrounding natural terrain formations.
2. With the cessation of operations, all filled in and covered excavations will be replanted or reforested so as to harmoniously integrate with local vegetation. (Ord. 63-05. Passed 11-2-05.)

1. Fees and bonds will be established pursuant to ORC Chapter 3714 to abate any damage or destruction to public roads, right of ways and bridges upon which vehicles proceeding to and from the storage site will traverse.
2. Council shall require the Operator to post a maintenance bond. A copy of all bonds associated with the site will be sent to the Building and Zoning Department, City of Niles, Ohio 34, West State Street, Niles, Ohio 44446. (Ord. 63-05. Passed 11-2-05.)

1. Hours of business and/or operation shall be between 7:00 a.m. and 7:00 p.m., Monday through Friday.
2. Any deviation from the stated hours must be authorized by Council pursuant to a written request from the Operator. (Ord. 63-05. Passed 11-2-05.)