Old Mill Creek City Zoning Code
USES AND
STANDARDS
§ 156.40 AIRPORTS AND LANDING FIELDS.
(A) Generally. Any airport or airplane landing fields, including flying schools, hereafter established shall meet the following requirements.
(1) The area of the site shall be at least 160 acres, be located within the special Airport Area designated on the Zoning Plan and be at least three miles away from the nearest boundary of all existing airports or landing fields, or those hereafter established, which meet the requirements of this section.
(2) Landing strips, runways or all-way landing areas shall be dustless and shall have not less than 1,800 feet of effective length for landing or take-off. In no event shall any part of a runway or landing area which is within 200 feet of the property line be deemed a part of the effective length thereof.
(3) Automobile parking space for and readily available to spectators, patrons and employees shall be provided on the premises and off the highway right-of-way.
(B) Building heights near airports and landing fields. Within 5,000 feet of the boundaries of an airport or airplane landing field hereafter established, which meets the requirements of § 156.28, the height of any building, structure or part thereof hereafter erected shall not be greater than 20 feet, plus five feet for each 100 feet of distance from the nearest boundary of such airport or landing field.
(Ord. 60-, passed 8-16-1960)
§ 156.41 NONCONFORMING USES AND BUILDINGS.
(A) Any use, building or structure lawfully existing or under construction on the adoption date of this chapter or of a later amendment thereto, which does not conform to the provisions herein, shall be known as nonconforming. Such nonconforming use, building or structure may be continued, maintained or changed to a conforming use, but a nonconforming use shall not be:
(1) Changed to a use of a lower class;
(2) Expanded;
(3) Re-established if discontinued or changed to a conforming use for one year or more; or
(4) Continued if the building or structure is destroyed or damaged to the extent of 50% or more of its value.
(B) A building or structure for a nonconforming use under construction on the adoption date of this chapter or of a later amendment thereto creating the nonconformity shall be completed within one year. A complete record of the location value, nature and extent of all nonconforming uses shall be made and kept by the enforcing officer.
(Ord. 60-, passed 8-16-1960)
§ 156.42 MINIMUM SETBACK FROM THE FRONT ROAD OR STREET.
(A) Every part of a building or structure hereafter created or relocated shall be located or set back from the established centerline of every federal aid, state bond issue, state aid and section line road or street at least 80 feet; from the established centerline of every half section line road or street at least 70 feet, and from the established centerline of every other road or street fronting a lot or building plot, at least 63 feet; provided, that where special setbacks are noted on the Zoning Plan, such special setbacks shall be observed.
(B) The following are exceptions to the provisions of division (A) above:
(1) Where more than 30% of the frontage on one side of a duly recorded subdivision block is occupied by residences, the average setback of such existing residences shall be maintained by all new structures; provided, that such required setback shall not be less than 50 feet nor greater than 100 feet from the established centerline of the road or street;
(2) No part of a new or relocated residence need be set back from a residence existing in the same block on the adoption date of this chapter more, than one foot for each three feet of distance between such buildings or parts thereof;
(3) Steps, open terraces and underground structures;
(4) Fences, hedges and shrubbery; provided, that such obstructions located on land at road or street corners within the vision triangle provided by the required building setback and side yard shall preserve a clear view between points four feet above the crown of each intersecting roadway;
(5) Eaves, chimneys, bay windows and other ordinary building projections may extend into the required setback area but not more than 18 inches; and
(6) Gasoline pumps and air and water services of retail service stations; provided, that the centers thereof shall be at least 13 feet distant from the street or road right-of-way line.
(Ord. 60-, passed 8-16-1960)
§ 156.43 MINIMUM SIDE YARDS.
(A) In the R-1, R-2, R-3 and R-4 Districts, any building or structure or part thereof hereafter erected shall be provided with an open space or yard along each line of the building plot which is a side line of either the plot used or plot adjoining as follows:
(1) In R-1 Districts, 50 feet;
(2) In R-2 Districts, 35 feet;
(3) In R-3 Districts, 35 feet; and
(4) In R-4 Districts, 25 feet.
(B) In addition, any residence erected or relocated in all other districts shall be provided with an open space or yard at least 20 feet wide along each line of the building plot which is a side line of either the plot used or plot adjoining.
(C) Exceptions are as follows:
(1) On a lot or parcel of land of public record on the adoption date of this chapter as less than 100 feet wide, each of such yards need not be wider than 10% of the width of the lot or parcel;
(2) Incidental or accessory buildings located more than 50 feet back of required road or street setback lines need not provide any such yards;
(3) Steps, open terraces and underground structures;
(4) Eaves, chimneys, bay windows and other ordinary building projections may extend into the required yards but not more than 18 inches; and
(5) Fences, hedges and shrubbery, provided that such obstructions located on land at road or street corners within the vision triangle provided by the required building setback and side yard shall preserve a clear view between points four feet above the crown of each intersecting roadway.
(Ord. 60-, passed 8-16-1960)
§ 156.44 VEHICLE PARKING SPACE.
Motor vehicle parking spaces shall be provided off the street of highway rights-of-way for each housekeeping unit in residential uses hereafter established; and, in the case of other uses hereafter established or expanded, for employees, for customers who usually park their motor vehicles, one hour or longer, and for customers served in their motor vehicles, in such proportion as to assure free and uninterrupted movement of traffic on the public street or highway.
(Ord. 60-, passed 8-16-1960)
§ 156.45 WATER SUPPLY AND SEWAGE DISPOSAL.
Every residence, business, trade or industry hereafter established and requiring water supply and sewage disposal facilities shall provide such facilities conforming to standards of design and location approved by the State Department of Public Health, and any new water supply and sewage disposal facilities hereafter provided for existing uses shall conform to such standards.
(Ord. 60-, passed 8-16-1960)