Oak Harbor City Zoning Code
GENERAL ZONING
REGULATIONS
§ 153.040 PURPOSE.
The general regulations as set forth in this subchapter shall apply to all districts, unless otherwise noted in this chapter. Where the requirements of a general regulation and a district regulation differ, the more specific requirement shall prevail.
(Ord. 8-96, § 103.01, passed 5-20-96; Am. Ord. 09-2022, passed 12-5-22)
§ 153.041 CONFORMANCE REQUIRED.
(A) No building shall be erected, converted, enlarged, reconstructed, or structurally altered, nor
shall any building or land be used, designed or arranged for any purpose other than that specifically permitted in the district in which the building or land is located.
(B) The Zoning Board of Appeals may issue conditional zoning certificates for any of the conditionally permitted uses listed under the conditionally permitted use section of any district.
(Ord. 8-96, § 103.02, passed 5-20-96; Am. Ord. 09-2022, passed 12-5-22) Penalty, see § 153.999
§ 153.042 GENERAL LOT AREA REGULATIONS.
(A) Generally. No parcel of land shall hereafter be so reduced or divided so as to provide less than the minimum lot size required in the district in which such land is situated.
(B) Minimum lot area. The minimum lot without central water and sewer services shall be one acre per family for single-family dwellings unless a larger lot size is required by the County Health Board due to soil conditions.
(C) Lot area exception for existing certain substandard lots. Any lot or parcel of land under one ownership and of record at the time of adoption of this chapter, and where no adjoining land was under the same ownership on such date, may be used as a building site even when of less area or width than that required by the regulations for the district in which located.
(D) Corner lots. The setback building line on a corner lot shall be in accordance with the provisions governing the road or street on which the building faces. The side yard clearance on the side street shall be not less than 25 feet from the right-of-way line.
(E) Non-compliance. No new streets or roads shall be permitted to be constructed, neither shall the same be accepted as public roads, in a residential district which will permit any already existing structure to remain in non-compliance with the setback building requirements outlined in this or any other section of the Zoning Code.
(Ord. 8-96, § 103.03, passed 5-20-96; Am. Ord. 09-2022, passed 12-5-22) Penalty, see § 153.999
§ 153.043 GENERAL YARD REQUIREMENTS.
(A) Generally. Except as otherwise provided in this chapter, every required yard shall be open and unobstructed and shall not be reduced or diminished in area so as to be smaller than prescribed by this chapter.
(B) Yard for single building. No required yard or other open space around a building shall be considered as a yard or open space for any other building. No required yard or other required open space on an adjoining lot shall be considered as providing the yard or open space on the lot whereon a building is to be erected or established.
(C) Clear view of intersecting streets. In all zones which require a front yard, no obstruction in excess of three feet in height shall be placed on any corner lot within a triangular area formed by the street right-of-way lines on the projected point of intersection of the street right-of-way lines and a line connecting points 25 feet from the intersection of the street property lines of the projected point. On a corner lot in any district, nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision between a height of 2½ and 10 feet above.
(D) Yard exceptions.
(1) Fences and walls. In all districts, except industrial districts, fences and walls may be constructed to a maximum height of six feet six inches in any required side or rear yard beginning at the building lot line and to a height of three feet in any required yard abutting a street.
(2) Garages and accessory buildings. Detached garages or other accessory buildings shall be located a minimum of five feet from side and rear property lines and a minimum of ten feet to the back of the principal building. The detached garage or other accessory building may occupy the equivalent to two-thirds of the living space of the principle dwelling but shall not exceed 900 square feet. An attached garage may occupy the equivalent to two-thirds of the living space of the principal dwelling. A detached garage or other accessory building or attached garage shall not exceed 20 feet in overall height, however, in no case shall the detached garage or other accessory building or attached garage exceed the height of the principal building.
(3) Terraces, uncovered porches, platforms and ornamental features. Any terraces, uncovered porches, platforms, and ornamental features which do not extend more than two feet above the level of the ground adjoining the first story may project into a required side yard; provided, these projections be distant at least two feet from the adjacent lot line. The ordinary projections of chimneys or flues are permitted into required side and front yards.
(4) Use of front yard. Front yards in all districts shall be landscaped and no parking shall be permitted thereon.
(E) Fence and wall restrictions in front yards. In any required front yard, no fence or wall shall be permitted which materially impedes vision across such yard above the height of three feet, and no hedge or other vegetation shall be permitted which materially impedes vision across such yard between the height of three feet and ten feet.
(Ord. 8-96, § 103.04, passed 5-20-96; Am. Ord. 44-98, passed 2-1-99; Am. Ord. 33-99, passed 12-7-99; Am. Ord. 27-2002, passed 1-6-03; Am. Ord. 09-2022, passed 12-5-22) Penalty, see § 153.999
§ 153.044 REAR HOUSES.
(A) Rear houses shall not be permitted in single-family residential districts.
(B) No apartment house shall be erected or altered or used unless the same shall have access to a public street and, if located in the rear of another building and has no immediate street frontage, then a permanent easement for access shall be provided over an unoccupied strip of land at 30 feet in width and such reserved strip may not form a part of any lot width or lot yard or lot area required by this Zoning Code, and, if more than one dwelling is located in the rear of another building and has no immediate street frontage, then the easement for access shall be not less than 60 feet in width and each additional rear house shall be subject to the same requirements for frontage on the easement for access and other requirements for lot and yard areas as though the dwelling was located on a public street. The easements shall be executed with the requirements provided by law for deeds and shall be filed with the County Recorder for record.
(C) This section does not apply to multiple-family development.
(Ord. 8-96, § 103.05, passed 5-20-96; Am. Ord. 09-2022, passed 12-5-22) Penalty, see § 153.999
§ 153.045 BUILDING REGULATIONS.
(A) Generally. No building or other structure shall hereafter be erected or structurally altered to exceed the height required to accommodate or house a greater number of families than that permitted by the provisions of this chapter, occupy a greater percentage of lot area than permitted, or have narrower or smaller rear yards, side yards, front yards or lot width at the building line than those permitted in this chapter.
(B) Principal building. No more than one principal building shall be permitted on any lot.
(C) Minimum living floor area per single-family dwelling units.
(1) One story buildings. The minimum for a single-family dwelling without a basement shall be 900 square feet of living area. The minimum with a basement shall be 900 square feet of first floor living area.
(2) One and one-half story buildings. The minimum for a single-family dwelling shall be 750 feet of first floor living area, and a total of not less than 1,125 feet of living area on both floors. The floor area over which the finished ceiling is less than 6½ feet from the finished floor shall not be counted in the total living space area.
(3) Two-story buildings. The minimum for single-family dwelling shall be 720 square feet of first floor living area, and a total of not less than 1,080 square feet of living space area on both floors.
(4) Multi-level buildings. The minimum for a single-family dwelling shall be 1,250 square feet of living space area with a minimum lot coverage of 900 square feet.
(D) Frontage required for building. No principal building or group dwelling shall be erected on a lot which does not abut on a street of record.
(E) Temporary buildings. Temporary buildings or uses for purposes incidental to construction work shall be permitted; provided, such buildings or uses shall not be continued as permanent structures or uses. The period during which such temporary buildings are to be permitted shall be no greater than the period of construction plus 30 days after the completion of such construction and the permit for such period shall be issued by the Zoning Board of Appeals.
(Ord. 8-96, § 103.06, passed 5-20-96; Am. Ord. 09-2022, passed 12-5-22) Penalty, see § 153.999
§ 153.046 NONCONFORMITIES.
(A) Continuance. The lawful use of any building or parcel of land existing at the time of the adoption of this chapter may be continued, although such use of a building or parcel of land does not conform to the provisions hereof, provided no structural alterations are made other than those ordered by an authorized public officer to assure the safety of the building or structure and provided further, that such extension does not displace any residence use in a residence district.
(B) Nonconforming lots of record. In any "R" district, notwithstanding limitations imposed by other provisions of this chapter, a single-family dwelling may be erected on any single lot of record existing at the effective date of the adoption or amendment of this chapter; provided, that yard requirements of the lot shall conform to the regulations for the district in which such lot is located.
(C) Discontinuance. If any nonconforming use of land is discontinued or abandoned for any reason for a period of two years, such use of such land shall conform to the regulations specified by this chapter for the district in which such land is located. Whenever a nonconforming use of building or portion thereof has been discontinued for a period of at least two years, such nonconforming use shall not thereafter be reestablished, and the future use shall be in conformity with the provisions of this chapter.
(D) Change. Whenever a nonconforming use of a building or land has been changed to a more restricted use, or to a conforming use, such use shall not thereafter be changed to a less restricted use.
(E) Extension, enlargement, or removal.
(1) The addition to or enlargement of a nonconforming use may be permitted, provided that the total aggregate area included in all such separate additions or enlargements does not exceed 20% of the area contained in said nonconforming use on the effective date of the adoption or amendment of this chapter. Such addition or enlargement shall comply with the regulations of the district in which it is located and/or the conditions listed for that particular use.
(2) No nonconforming use shall be enlarged, increased or extended to occupy a greater area of building or land than was occupied at the effective date of the adoption or subsequent amendment of this chapter. No nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel of land occupied at the effective date of adoption or amendment of this chapter.
(3) No nonconforming structure shall be enlarged or extended unless the requirements of the zoning district in which the structure is located is met. The minimum side yard setback established by the zoning district may be reduced to the side yard established by the existing nonconforming structure for the side of the structure that is nonconforming. However, in all cases, the setback for the side of the structure that is nonconforming shall not be less than five feet.
(F) Destruction, damage and reconstruction. Any nonconforming building or structure damaged by fire, explosion, act of God or act of public enemy may be reconstructed and used as before such calamity; provided, such reconstruction is started within a period of one year and completed within two and a half years of such calamity.
(G) Maintenance. On any building or structure devoted in whole or in part to a nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of non-bearing wall, fixtures, wiring or plumbing to an extent not exceeding 10% of the current replacement value of the building or structure; provided, that the cubic content of such building or structure as it existed at the time of passage or amendment of this chapter shall not be increased.
(Ord. 8-96, § 103.07, passed 5-20-96; Am. Ord. 33-99, passed 12-7-99; Am. Ord. 27-2002, passed 1-6-03; Am. Ord. 09-2022, passed 12-5-22) Penalty, see § 153.999
§ 153.047 PRIVATE SWIMMING POOLS.
(A) Accessory uses. No such swimming pool shall be allowed in any "R" district except as an accessory use to a residence or as a private club facility.
(B) Exclusive private use. The pool is intended and is to be used solely for the enjoyment of the occupants of the principal building of the property on which it is located and their guests.
(C) Distance requirements. The pool, including the pump and filter installation, may be located anywhere on the premises except in required front yards; provided, it shall not be located closer than five feet to a property line of the property on which located.
(D) Drainage. Adequate provision for drainage shall be made subject to approval by the Village Engineer.
(E) Lighting. Any lighting used to illuminate the pool area shall be so arranged as to deflect the light away from the adjoining properties.
(F) Permit required. No person, firm or corporation shall construct or install a swimming pool or make any alteration therein or in the appurtenances thereof without having first submitted an application and plans therefore to the Zoning Inspector.
(Ord. 8-96, § 103.08, passed 5-20-96; Am. Ord. 27-2002, passed 1-6-03; Am. Ord. 09-2022, passed 12-5-22) Penalty, see § 153.999
§ 153.048 PARKING AND STORAGE OF CERTAIN VEHICLES.
Automobile vehicles or trailers of any kind or type without current license plates shall not be parked or stored on any residentially zoned property other than in completely enclosed buildings. However, boat, travel trailers and utility trailers may be stored in the rear yard if they have a current license.
(Ord. 33-99, passed 12-7-99; Am. Ord. 09-2022, passed 12-5-22)
§ 153.049 SUBMISSION OF PLANS.
(A) Action by the Planning Commission and the applicant. Application for development in all multi-family, commercial (business), industrial and institutional development districts shall be reviewed by the Village Administrator, Zoning Inspector, and the Planning Commission in three stages:
(1) Pre-application submission of a generalized conceptual plan in sketch form.
(2) Submission of preliminary site development plans and preliminary architectural drawings and plans.
(3) Submission of final site development plans and final architectural drawings and plans.
(B) Rezoning from another district to the proposed classification. Rezoning from another district to the proposed classification shall be obtained prior to the submission of the preliminary site development plans. No zoning permits shall be issued and no building shall be permitted within the designated districts until the final site development plans and the final architectural drawings and plans have been submitted to and approved by the Planning Commission. Prior to the granting of the permit, the Zoning Inspector shall receive from the Planning Commission and the State Building Inspector an advisory report approving the proposed development plans as presented in final form as required herein.
(C) Construction and use to be as provided in applications, plans, permits and certificates. Zoning permits, health permits, and certificates of completion issued on the basis of applications and plans including site development plans and architectural drawings and plans approved by the Planning Commission and the State Building Inspector, or other applicable agencies as designated by the review board, authorize only the use and arrangement set forth in such approved plans and applications and amendments thereto, and no other use, arrangements, or construction. Use arrangement, or construction at variance with that authorized shall be deemed a violation of this chapter and punishable as provided in § 153.999.
(Ord. 8-96, § 103.10, passed 5-20-96; Am. Ord. 09-2022, passed 12-5-22) Penalty, see § 153.999
§ 153.050 TERRITORY ANNEXED.
All land annexed to the village subsequent to the adoption of this chapter shall be subject to the regulations of the zoning district closest to the previous township zoning district regulations applicable to the land until such time as the Official Zoning Map is amended according to the provisions of §§ 153.520 through 153.587.
(Ord. 8-96, § 103.11, passed 5-20-96; Am. Ord. 27-2002, passed 1-6-03; Am. Ord. 09-2022, passed 12-5-22)
§ 153.051 EROSION.
No erosion, by either wind or water, shall be permitted which will carry objectionable substances onto neighboring properties.
(Ord. 33-99, passed 12-7-99; Am. Ord. 09-2022, passed 12-5-22)