Obetz City Zoning Code
CHAPTER 1165
Development Standards
1165.01 ARRANGEMENT AND DEVELOPMENT OF LAND AND STRUCTUREDS.
Standards pertaining generally and uniformly to the arrangement and development of, land and structures within the Zoning Districts adopted in this Zoning Ordinance are hereby established and adopted as supplementary to the District Regulations.
1165.02 LOT AND YARD SPACE REQUIREMENTS.
(a) Platting Required. No use shall be established or altered and no structure shall be constructed or altered except upon a lot that has been platted in accordance with, or which otherwise meets, the requirements of the Subdivision Regulations.
(b) Minimum Requirements. Development standards are minimum requirements for the arrangement of lots and spaces to be achieved in all developments.
(c) Lot Area and Yard Space Preserved. The lot area and yard space required for a use or structure shall be maintained during its life and shall not be reduced below the minimum requirement, occupied by another use or structure, paved for parking, or counted as yard space for any other use or structure.
(d) Yards Required Open. The yard space required for a use or structure shall, during its life, remain free of all uses or occupancies except as follows:
(1) Fences, walls, and landscaping shall be permitted in any required yard, or along the edge of any yard, provided that it meets the requirements of Chapter 1173.
(2) Eaves, cornices, windowsills, and belt courses may project into any required yard a distance not to exceed two feet.
(3) Open and uncovered porches may project beyond the front building line or into a required rear yard a distance not to exceed five feet.
(4) Driveways shall be permitted in required yards, but shall be three feet or more from any property line, except where such driveways are developed jointly as a common drive to adjoining lots.
(e) Yard Requirements for Multi-Family or Group Dwellings. Group or multi-family dwellings shall be considered as one building for the purpose of determining front, side, and rear yard requirements. The entire group as a unit shall require one front, one rear, and two side yards as specified for dwellings in the appropriate district.
(f) Yards Not Otherwise Required. Yard space not otherwise required but provided shall be five feet or more in width.
(g) Yards Maintained. All yard space shall be maintained in accordance with one or more of the following provisions:
(1) Fenced as permitted or required.
(2) Landscaped by lawns, shrubberies, trees, and other plantings maintained in a neat and orderly, natural state, or used for permitted accessory or ancillary use.
(h) Side and Rear Yard Requirements for Nonresidential Uses Abutting Residential Districts. Nonresidential buildings or uses shall not be located nor conducted closer than forty feet to any lot line of a residential district, except that the minimum yard requirements may be reduced to fifty percent (50%) of the requirement if acceptable landscaping or screening approved by the Zoning Inspector is provided.
1165.03 BUILDING LINES ESTABLISHED.
(a) Building Lines Established. Along every street right-of-way a building line shall be established from the existing right-of-way or proposed right-of-way as indicated in the Obetz Thoroughfare Plan, as amended, whichever is greater in width, that shall constitute the required front yard setback as established in the applicable zoning district.
(b) Required Setback Defined. The required setback is that distance between the established building line and the actual or proposed right-of-way. No structure or other use of land, except parking as defined in subsection (c) herein, shall locate in the required setback. In no case shall the required setback be less than the minimum required in the applicable zoning district.
(c) Parking Within the Required Setback in Commercial and Industrial Districts. Open parking or loading spaces shall be permitted to extend toward the street right-of-way from the established building line a distance equal to forty (40) percent of the required setback distance as measured from the actual or proposed right-of-way. In no case shall any part of a parking area be closer than fifteen (15) feet to any established or proposed right-of-way.
(d) Reduced Setback. If existing structures or uses on lots adjacent to each side of a lot have a setback less than the setback line established by these Regulations, the setback on the center lot shall be the average setback established on the adjacent lots.
(e) Display in Front Setback Prohibited. Within the front building setback and side building setbacks adjacent to public right-of-way, there shall be no storage or display of any materials, equipment, inventory, merchandise or wares. This provision is applicable in all zoning districts.
(f) Setback Requirements for Corner Buildings. On a corner lot the principal building and its accessory structures shall be required to have the same setback distance from all street right-of-way lines as required for the front yard in the district in which such structures are located.
(g) Visibility at Intersections.
(1) On a corner lot in any residential district, nothing shall be erected, constructed, placed, planted or allowed to grow in such a manner as materially to impede vision between a height of two and one-half (2 1/2) feet and ten (l0) feet above the center line grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along said street lines fifty (50) feet from the point of the intersection.
(2) In nonresidential zones at intersections of street rights of way, a sight triangle shall be established as described by the right-of-way lines of the intersection streets and the third side being a line passing through a point on each right-of-way line that is a distance from their point of intersection equal to the sum of the width of both rights of way divided by four.
1165.04 ONE USE PER RECORDED LOT.
In all residential districts (SR, R-l, R-2, R-3, and R-12) there shall not be more than one (1) principal permitted use on each recorded lot.
1165.05 MULTIPLE COMMERCIAL/INDUSTRIAL USES PERMITTED.
In all NC, GC, RI, LI, SO, and CF districts, multiple uses may be permitted on a single lot of record subject to the following standards:
(a) Uses Shown on Approved Final Site Plan. Multiple uses may be permitted on a single lot of record when such uses are shown on an approved final site plan.
(b) Use Permit Issued. Multiple uses may be permitted on a single lot of record when such uses are located in a multi-tenant structure and a use permit is issued for the various uses.
1165.06 LAND DEDICATIONS AND IN-LIEU FEES.
(a) Mandatory Land Dedication. Acreage shall be set aside in all platted residential subdivisions and multi-family residential developments, including planned residential and planned unit development districts for the provision of public areas. Such public areas shall be used as sites for public parks, open space, and recreational areas. Such lands may be deeded to the Municipality and thereby developed and managed by the Municipality or held, developed and maintained by a private association, the bylaws and creation of which shall be by approval of Council as an element of the subdivision platting process. Title to dedicated land shall be transferred to the Municipality within sixty (60) days of final plat approval. The amount of acreage to be set aside shall comply with the following schedule:
ZONING DISTRICT | PERCENT OF GROSS DEVELOPABLE ACRES |
SR & R-1 | 15.0 |
R-2 & R-3 | 20.0 |
R-2 | 20.0 |
PRD & PUD | 20.0 |
(b) Review And Approval Process. The mandatory land dedication requirement shall serve as a component of the subdivision review process or development review process if the development is except from the subdivision review process. The Planning and Zoning Commission may review and reject the proposed acreage if such site(s) is not appropriate for the intended use given environmental, technical or land use considerations. In such circumstances, the Planning and Zoning Commission shall request an alternative site(s), which may or may not be provided on-site.
(c) Fees In-Lieu of Dedication or Dedication of Off-site Public Areas. The Applicant may request the payment of fees in-lieu of the total or a portion of the mandatory land dedication to the Planning and Zoning Commission which shall make a recommendation to Council relative to such request. The amount of fees to be paid shall be equal to the assessed value of the acreage that would have been dedicated to the Municipality under the land dedication requirement. The Applicant may also request the acceptance of an off-site public area in-lieu of the total or a portion of the mandatory land dedication. The Planning and Zoning Commission shall make a recommendation to Council relative to such request.
(d) Pavement, Deposit and Use of Fees. Fees in-lieu of land dedication shall be paid to the Municipality within sixty (60) days following final plat approval or development plan approval. Such fees shall be placed in a special fund the records of which shall be available for public inspection. Such funds shall only be used by the Municipality for the acquisition and development of public parks, recreation facilities, and open space.
(e) Additional Reservation of Public Land. Where adopted planning documents recommend sites for public schools, parks or other public facilities, including open space, such lands shall be set in reserve by the owner.
(f) Conflict with Subdivision Regulations. This subsection shall supersede conflicting requirements of the Subdivision Regulations.
(Ord. 38-04. Passed 10-11-04.)
1165.07 STORAGE OF CONSTRUCTION MATERIALS.
In any residential district the storage of construction materials on any one (1) lot shall be limited to the quantity of material required for the construction, renovation or enlargement of the dwelling unit or units proposed for said lot, provided the plans for such dwelling unit or units have been previously reviewed by the Zoning Inspector and approved by the Building Department.
1165.08 PORTABLE STRUCTURES.
(a) Portable Residential Structures. No mobile home, trailer or similar portable residential structures in use shall be permitted in any district in the Municipality except for camping and traveling trailers specified in Section 1165.11.
(b) Portable Non-Residential Structures. Portable non-residential structures shall not be permitted in the Municipality, except for those structures that are permitted under Chapter 1171.
(Ord. 37-13. Passed 8-12-13.)
(Ord. 37-13. Passed 8-12-13.)
1165.09 PERFORMANCE STANDARDS.
Every structure or use subject to the provisions of this Zoning Ordinance shall be located, arranged and operated in accordance with the following provisions so that it will not interfere with the development and enjoyment of adjacent property. The following limits of development and operation are provided to control hazardous, obnoxious or other nuisance activity of uses subject to the provisions of this Zoning Ordinance:
(a) Fire Hazards. Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate fire-fighting and fire-prevention equipment and by such safety devices as are normally used in the handling of any such material. Such hazards shall be kept removed from adjacent activities to a distance which is compatible with the potential danger involved.
(b) Radioactivity or Electrical Disturbance. No activity shall emit dangerous radioactivity at any point, or electrical disturbance adversely affecting the operation of any equipment at any point other than that of the creator of such disturbance.
(c) Noise. Objectionable noise as determined by the Commission which is due to volume, frequency, or beat shall be muffled or otherwise controlled. Air-raid sirens and related apparatus used solely for public purposes are exempt from this requirement.
(d) Vibration. No vibration shall be permitted which is discernible without instruments on any adjoining lot or property.
(e) Air Pollution. No pollution of air by fly-ash, dust, vapors, odors, smoke, or other substances shall be permitted which are harmful to health, animals, vegetation, or other property, or which can cause excessive soiling.
(f) Glare. No direct or reflected glare shall be permitted which is visible from any property outside an industrial district or from any street.
(g) Erosion. No erosion by either wind or water shall be permitted which will carry objectionable substances onto neighboring properties.
(h) Water Pollution. Water pollution shall be subject to the requirements and regulations established by Ohio EPA and USEPA.
(i) Enforcement Provisions. The Zoning Inspector or Commission, prior to the issuance of a zoning permit, may require the submission of statements and plans indicating the manner in which dangerous and objectionable elements involved in processing and in equipment operations are to be eliminated or reduced to acceptable limits and tolerances.
(j) Measurement Procedures. Methods and procedures for the determination of the existence of any dangerous and objectionable elements shall conform to applicable standard measurement procedures published by the American Standards Association, Inc., New York, the Manufacturing Chemists' Association, Inc., Washington, D.C., the United States Bureau of Mines, and the Ohio EPA.
1165.10 EXCEPTIONS TO HEIGHT REGULATIONS.
(a) The height limitations contained in the District Regulations do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy except where the height of such structures will constitute a hazard to the safe landing and take-off of aircraft at an established airport.
(b) Necessary mechanical appurtenances and elevator bulkhead may exceed the permitted height standards by up to fifteen (15) feet, but must be shielded from view by design features of the building.
(c) School sports stadiums shall be allowed at a height up to twice the permitted height for the district in which they are located, but in no case may exceed sixty (60) feet in total height.
1165.11 PARKING AND STORAGE OF CERTAIN VEHICLES.
(a) The following provisions and requirements shall pertain to the parking and storage of certain vehicles:
(1) The parking and storage, within any district, of automotive vehicles without current license, plates, for a period of more than thirty days shall be prohibited unless such vehicle is stored in an enclosed garage or other accessory building.
(2) The parking or storage, within any district, of a disabled automotive vehicle for a period of more than thirty days shall be prohibited unless such vehicle is stored in an enclosed garage or other accessory building.
(3) The parking or storage, within any district, of a junked, dismantled, or wrecked automotive vehicle or parts thereof which is in the public view of any street or highway for a period of more than thirty days shall be prohibited.
(4) One boat and boat trailer or one utility trailer with current license plates; and one recreational vehicle that is not in violation of any of the above, may be stored in the rear or side yard.
(b) For purposes of this section, a junked, dismantled or wrecked automotive vehicle shall be one which is damaged, or no longer serviceable, to the extent that is operable or is unsafe to operate upon the public streets or highways.
(c) This section shall not apply to properly licensed junkyards and motor vehicle salvage facilities which are regulated by appropriate sections of the Ohio Revised Code.
1165.12 PARKING OR KEEPING INOPERABLE MOTOR VEHICLES.
No person shall use any premises within the Village of Obetz for the purpose of parking or keeping an inoperable motor vehicle except when ancillary to a specifically permitted use allowed in the Zoning Code of the Village of Obetz. As used in this section, “keeping an inoperable motor vehicle” means and includes storing, maintaining, collecting, depositing, reserving, allowing to stand, or permitting to remain, one or more inoperable motor vehicles at any place other than in an enclosed garage. For purposes of this section, a motor vehicle shall be deemed inoperable when any of the following conditions exist: one or more wheels are missing, one or more tires are missing; two or more tires are flat; one or more windows are missing or broken; the windshield is shattered or missing; parts necessary for the operation of the vehicle are missing; a license with a distinctive number and valid for the current year is not displayed thereon; or the vehicle is incapable of being propelled under its own power.
(Ord. 30-03. Passed 5-5-03.)