Zoneomics Logo
search icon

Old Mill Creek City Zoning Code

GENERAL PROVISIONS

§ 156.01 TITLE; SCOPE.

   (A)   Short title. This chapter shall be known and may be cited as the Zoning Ordinance of the village.
   (B)   Scope of regulations. Except as provided by this chapter and except after obtaining written permission from the enforcing officer, it shall be unlawful within the corporate limits of the village:
      (1)   To establish any use of a building, structure or land, either by itself or in addition to another use;
      (2)   To expand, change or re-establish any nonconforming use;
      (3)   To erect a new building or structure or part thereof;
      (4)   To rebuild, structurally alter, add to or relocate any building or structure or part thereof;
      (5)   To reduce the open space or plot area required for a building or structure, or to include any part of such open space or plot area as that required for an adjoining building or structure; and
      (6)   To provide or connect onto water supply or sewage disposal facilities.
(Ord. 60-, passed 8-16-1960) Penalty, see § 156.99

§ 156.02 INCIDENTAL USES.

   (A)   Unless otherwise prohibited or restricted, a permitted use also allows uses, buildings and structures incidental thereto if located on the same site or building plot. However, such incidental uses, buildings and structures shall not be established or erected prior to the establishment or construction of the principal use.
   (B)   A professional office or home occupation, as defined in § 156.06, may be conducted in connection with any residence.
(Ord. 60-, passed 8-16-1960)

§ 156.03 TEMPORARY USES.

   Permitted anywhere is a temporary yard for a contractor’s plant required for highway construction, if not nearer than 800 feet to any residence other than that of the lessor of the site.
(Ord. 60-, passed 8-16-1960)

§ 156.04 EXCEPTIONS AND RESTRICTIONS.

   (A)   Exceptions.
      (1)   The following uses being exempted by the zoning statute are permitted in any district:
         (a)   Poles, towers, wires, cables, conduits, vaults, laterals or any other similar distributing equipment of a public utility; and
         (b)   Buildings, structures or land used for agriculture.
      (2)   For the purpose of the exemptions in this division (A), AGRICULTURE shall mean the growing of crops in the open, the raising, boarding and breeding of animals for hire, sale, training or racing and such stock, animal and poultry raising as are incidental to the acreage farmed, and shall include the selling by the producer of products raised on the premises provided contiguous space for the parking of customers’ vehicles is furnished off the public right-of-way.
      (3)   A residence and its water supply and sewage disposal facilities in connection with an agricultural use shall not be exempt, nor shall the feeding or disposal of community or collected garbage be exempt, either as a principal use or as incidental to another use.
   (B)   Other restrictions. This chapter shall not nullify the more restrictive provisions of covenants, agreements, resolutions, other ordinances or laws but shall prevail notwithstanding such provisions which are less restrictive.
(Ord. 60-, passed 8-16-1960)

§ 156.05 APPLICATIONS AND PERMITS.

   (A)   Applications for permits, as required by § 156.01(B), shall be filed in written form with the enforcing officer, shall state the legal description of the property as of public record and the name of the owner and applicant, shall describe the uses to be established or expanded and shall give such other information as may be required for the enforcement of this chapter. Each copy of the application shall be accompanied by a dimensioned drawing of the building plot showing the location of buildings and structures, lot areas to be used, auto parking areas and water supply and sewage disposal facilities.
   (B)   The enforcing officer shall issue a written permit or denial thereof with reasons in writing, within 15 days from the date of the acceptance of the application. In event the permit or denial thereof is not issued within 15 days, the applicant may appeal directly to the Zoning Board of Appeals which shall order the issuance of the permit or denial thereof with reason in writing.
   (C)   Except where an extension has been obtained in writing from the enforcing officer, permits heretofore and hereafter issued shall expire within 90 days if a substantial beginning has not been made in the construction or establishment of the use applied for and within one year if not completed. Permit fees and other fees shall be as established by resolution of the Village Board.
(Ord. 60-, passed 8-16-1960)

§ 156.06 DEFINITIONS.

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   FAMILY. Excepting domestic employees, any number of persons related by blood or marriage, or not to exceed five persons not so related, living together in a room or rooms comprising a single housekeeping unit shall be considered a FAMILY.
   HOME OCCUPATION. An occupation for gain or support conducted entirely and only by members of the family within a residential or incidental building and provided that no article is sold or offered for sale except such as may be produced in the household by members of the family.
   PROFESSIONAL OFFICE. When conducted in a residential district a professional office shall be incidental to the residential occupation, shall be conducted entirely within a residential building and shall include only the offices of doctors or practitioners, ministers, architects, landscape architects, lawyers, authors, artists, musicians and other professional occupations occasionally conducted within residences. Such professional use may be advertised by a sign, shingle or brass plate not more than 12 inches square.
   STRUCTURAL ALTERATIONS. Any change in the supporting members of a building or structure, including, among others, any change in the bearing walls, columns, beams or girders.
   STRUCTURE. Anything erected, the use of which requires more or less permanent location on or in the ground, or attached to something having a permanent location on or in the ground, including, but without limiting the generality of the foregoing, advertising signs, billboards and poster panels.
(Ord. 60-, passed 8-16-1960)