Oreana City Zoning Code
SUPPLEMENTARY REGULATIONS
§ 155.40 AREA AND HEIGHT REGULATIONS FOR ALL DISTRICTS.
(A) Except as provided in division (B) below, the area and height regulations shall be as follows.
(1) Area. Every lot used for a single-family dwelling shall have a minimum area of 11,200 square feet. Every lot used for a two-family dwelling shall have a minimum lot area of 14,000 square feet. Every lot used for a multiple dwelling shall have a minimum lot area of 4,000 square feet per dwelling unit, but no lot used for a multiple dwelling shall have a minimum lot area of less than 14,000 square feet. No minimum is required for a lot used only for commercial or industrial purposes.
(2) Yards.
(a) The front yard requirements are 25 feet in the “A-1” Single-Family Residence District, the “A-2” Two-Family Residence District, “A-3” Multiple Dwelling District, the “B” Commercial Service District and the “C” Industrial District.
(b) The side yard requirements for dwellings shall be a minimum of ten feet. No side yard is required for business, commercial or industrial buildings, except along the side of a lot abutting a lot in a “A” District in which case a side yard of 25 feet shall be provided.
(c) The rear yard requirements for dwellings shall be a minimum of 25 feet.
(d) A rear yard of at least two feet shall be required for business, commercial or industrial buildings, except on a lot abutting a lot in an “A” District in which case a rear yard of 25 feet shall be provided.
(3) Minimum width. Every lot used for a dwelling shall have a minimum width of 80 feet.
(4) Building height. No building shall exceed a height of two and one-half stories or a height of 35 feet in the “A-1” Single-Family Residence District, the “A-2” Two-Family Residence District, the “A-3” Multiple Dwelling District or the “B” Commercial Service District, or a height of three stories, or 45 feet, in a “C” Industrial District.
(5) No requirements. There shall be no requirements as to area, yards, lot width or building height in the “D” Agricultural District; except that, where said district abuts an “A” District, no building other than a dwelling shall be constructed within 50 feet of said district boundary.
(6) Variance. When the owner or owners of a single-family residence within an “A-1” District desire to construct an addition to the existing principal structure, and the side and rear yard setback of the addition are to be identical to the current side yard and rear yard setbacks of the existing principle structure, a variance shall not be required as long as all other requirements of this chapter are met.
(B) The height and area regulations specified in the foregoing section shall be modified under certain conditions or with respect to certain types of structures as specified below.
(1) Lot area and width. Where a lot of record at the time of the passage of this chapter has less area or width than herein required, and the owner of such a lot does not own any other parcel or tract adjacent thereto, said lot may nonetheless be used for a single-family dwelling.
(2) Front yard.
(a) Where 30% or more of a block front is improved with buildings, then no part of any new building shall project beyond a line joining the two adjacent corners of the buildings on either side thereof, or where there is a building on only one side, beyond a line projected from the corresponding adjacent corners of the two nearest buildings; except that, no building shall be required to provide a front yard greater than 50 feet in any event.
(b) A corner lot shall have a yard on each street which meets the front yard requirements of the district in which it is located; except that, the building width of the lot shall not be reduced to less than 40 feet, and no accessory building shall project beyond the required yard on either street.
(3) Side yard. For the purpose of the side yard regulations, a building containing more than one dwelling unit shall be considered as one building occupying one lot.
(4) Rear yard. The required rear yard may be reduced to 20% of the depth of the lot on a lot of record which does not have a depth of at least 120 feet. An accessory building may be built within a required rear yard when located at least five feet from the rear and side lot lines and when occupying not more than 30% of the area of such required rear yard.
(5) All yards. The ordinary projection of sills, belt courses, cornices, eaves and ornamental features may be permitted not to exceed 24 inches in any required minimum side yard. An open, uncovered porch, paved terrace, entrance way or steps, may extend not more than ten feet into the required minimum front yard.
(6) Height. Chimneys, cooling towers or water towers, elevators, bulkheads, fire towers, monuments, stacks, stage towers, tanks, spires, church steeples, radio towers or necessary mechanical apparatus may be erected to any safe height not in conflict with any other ordinance of the village. Public, semi-public or public service buildings, hospitals, institutions, churches and schools, when permitted in a district, may be erected to a height not exceeding 60 feet; provided, all required yards are increased by one foot for each foot of building height above the height limit otherwise provided.
(Ord. 68, passed - -; Ord. 152, passed - -; Ord. 2011-02-21-2, passed 2-21-2012)
§ 155.41 OFF-STREET PARKING.
(A) In all districts, whenever a building is erected, converted, enlarged or structurally altered for a use described in this section, or the use of a building or land is hereafter changed to a use described in this section, then off-street parking for automobiles or trucks shall be provided on the lot or tract of land used in accordance with the following minimum requirements:
(1) For dwellings: two parking spaces for each dwelling unit;
(2) Business or professional office, bank, medical or dental clinic: three parking spaces plus one additional parking space for each 300 square feet of floor area over 1,000;
(3) Hotel: one parking space for each three sleeping rooms or suites, plus one space for each 200 square feet of commercial floor area contained therein;
(4) Tourist home, cabin or motel: one parking space plus one parking space for each sleeping room or suite;
(5) Restaurant, café or recreation or amusement establishment: one parking space for each 100 square feet of floor area;
(6) Retail store or personal service establishment, except as otherwise specified herein: one parking space for each 200 square feet of floor area;
(7) Furniture or appliance store, hardware store, wholesale establishments, machinery or equipment sales and services, clothing or shoe repair or service shop: two parking spaces, plus one additional parking space for each 300 square feet of floor area over 1,000;
(8) Printing or plumbing shop or similar service establishment: one parking space for each three persons employed therein;
(9) Bowling alley: five parking spaces for each alley;
(10) For any manufacturing or industrial use: one parking space for each two employees on the maximum working shift, plus space to accommodate all trucks and other vehicles in connection therewith; and
(11) A required off-street parking space shall be at least nine feet in width and at least 18 feet in length exclusive of access drives or aisles, ramps, columns or office or work areas. Enclosed parking spaces shall have a vertical clearance of at least seven feet.
(B) In computing the number of such parking spaces required, the following rules shall govern.
(1) FLOOR AREA shall mean the gross floor area of a specific use.
(2) The parking space requirement for a use not specifically mentioned herein shall be the same as required for a use of similar nature.
(3) Where fractional spaces result, the parking spaces required shall be construed to be the nearest whole number.
(4) In the case of mixed uses, the parking spaces required shall equal the sum of the requirements of the various uses computed separately.
(C) (1) Parking spaces may be provided in the required side, rear and front yards of lots located in the “B” Commercial Service District and the “C” Industrial District; except that, parking spaces may be provided only in the required side and rear yard when a lot in such districts is used for a dwelling. Parking spaces may be provided in the required side and rear yard of lots located in the “A” Residence Districts, but not in the required front yard thereof.
(2) Each required off-street parking space shall open directly upon an aisle or driveway of such width and design as to provide safe and efficient means of vehicular access to such parking space. All off-street parking facilities shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movement. No driveway across public property at the right-of-way line shall exceed a width of 25.
(3) Accessory parking spaces may be open to the sky or enclosed in a building.
(4) All open off-street parking areas containing four or more parking spaces shall be improved with a compacted base and permanent wearing surface as approved by the designated Village Engineer.
(5) All open parking areas containing more than four parking spaces, located less than 40 feet from a property line, shall be effectively screened on each side adjoining or fronting on any property situated in a residential district or any institutional premises by a wall or fence, not less than five feet, nor more than eight feet in height. Screening shall be property maintained in good repair.
(6) Lighting shall be used to illuminate off-street parking areas and shall be directed away from residential properties in such a way as not to create a nuisance and, in a parking area containing ten or more parking spaces, security lighting shall be maintained during hours of darkness.
(Ord. 68, passed - -; Ord. 152, passed - -)
§ 155.42 SPECIAL USES.
(A) The President and Board of Trustees of the village may, by resolution, grant a special permit for the following special uses in any district, except as herein qualified, for which they are otherwise prohibited by this chapter, and may impose appropriate conditions, safeguards and off-street parking requirements, and including a specified period of time for the permit, to conserve and protect property and property values in the neighborhood:
(1) Hospital, clinic, nursing home, sheltered care home or similar institutions; provided that, less than 40% of the total land area is occupied by buildings and that all the required yards are increased by one foot for each foot of building height;
(2) Airport, landing field or strip for aircraft;
(3) Radio or television broadcasting tower or station;
(4) Cemetery or mausoleum;
(5) Removal of gravel, topsoil or similar natural material, with safeguards for the protection of adjoining property and the community as a whole;
(6) Riding stable;
(7) Roadside stand, commercial amusement or recreational development for temporary or seasonal periods;
(8) Sanitary fill for the disposal of garbage or trash;
(9) Railroad or public utility structure other than the usual poles, wires and underground utilities; and
(10) (a) Trailer or tourist camp, observing all appropriate state and village regulations; provided, there is at least 2,000 square feet of lot area per trailer, no trailer or service building is closer than 25 feet to any lot line, and such hard-surfaced drives, landscaping and similar improvements are provided as may be deemed necessary for its proper development and for the protection of the surrounding area are provided.
(b) No trailer shall be occupied, or otherwise used for living, sleeping, business or storage purposes within the village limits unless such trailer is parked within a trailer or tourist camp which has been granted a special permit, as set forth herein.
(c) No trailer which is designed for use primarily as a mobile home as opposed to camping, hauling and the like shall be parked within the village limits unless such trailer is parked within a trailer or tourist camp which has been granted a special permit, as set forth herein.
(B) A second type of special use where a new or unusual use, not covered in division (A) above may be granted after holding a hearing as prescribed in division (D) below; provided that:
(1) Because of the characteristics of the use, it is desirable that the use be located in this zone;
(2) The use can be operated or developed in such a manner that it will not adversely effect surrounding land uses;
(3) The character is unique to the extent that it cannot be classified as a permitted use in any zone; and
(4) Such special uses shall only be permitted after the Board of Appeals submits to the Village Board in writing a report explaining why the proposed use meets the above criteria and recommend under what conditions the special use shall be permitted.
(C) (1) A temporary use permit may be granted for a specific length of time for restricted uses, such as, landfills, gravel operations, forestry activities, special events such as centennials, fairs, carnivals and revival meetings provided that the Board finds:
(a) The use will not have a detrimental effect on surrounding land use;
(b) A plat is submitted with the permit showing the placement of temporary structures, parking, utilities and necessary sanitary facilities (as required by the Health Department); and, provided that, no construction is done other than that associated with the temporary use; and
(c) If the natural landscape, vegetation terrain, soil cover or drainage is disrupted, plans will be submitted to the Commission and the developer will be responsible for improvements necessary to restore the property to its original condition.
(2) The Board reserves the right to repeal any special use permit where it finds the use being conducted in such a manner that it violates the general requirements of this chapter, or the special requirements provided for in the issuance of the permit.
(D) Before authorization of any of the above special uses, the request therefor shall be referred to the Board of Appeals for study and report concerning the effect of the proposed use on the character and development of the neighborhood and a public hearing shall be held in relation thereto before the Board of Appeals. Notice of the time, place and purpose of such hearing shall be given in the manner prescribed for hearings on amendments to this chapter. If no report is received from the Board of Appeals within 60 days of such referral, the President and Board of Trustees may take action without further awaiting such report.
(Ord. 68, passed - -; Ord. 152, passed - -)
§ 155.43 NON-CONFORMING USES.
(A) Except as otherwise provided in this chapter, a non-conforming use of a building, or a portion thereof, may be continued even though such use does not conform with the provisions hereof. If no structural alterations are made, a non-conforming use of a building may be changed to another non- conforming use of the same or more restricted classification; provided, the off-street parking requirements applicable to the new use are met. Whenever a non-conforming use is changed to a more restricted use or to a conforming use, it shall not, therefore, be changed to a less restricted use.
(B) The non-conforming building which has been damaged by fire, explosion, act of God or the public enemy to the extent of more than 60% of its reproduction value at the time of damage shall not be restored except in conformity with the regulations of the district in which it is located. When damaged, by less than 60% of its reproduction value, a non-conforming building may be repaired or reconstructed and used as before the time of damage provided such repairs or reconstruction are completed within one year of the date of such damage.
(C) Whenever a non-conforming use of a building or portion thereof is discontinued for a continuous period of two years, any future use of such building or portion thereof shall be in conformity with the regulations of the district in which such building is located.
(D) A non-conforming use of land may be continued; provided, however, that, no such non- conforming use of land shall be in any way expanded or extended, either on the same or adjoining property. If such non-conforming use of land or any portion thereof is discontinued for a continuous period of six months, or changed, any future use of such land shall be in conformity with the provisions of this chapter.
(E) The non-conforming use of land for storage purposes and non-conforming advertising signs and billboards shall be discontinued within five years from the date of passage of this chapter and any such uses of land which become non-conforming by reason of a subsequent amendment to this chapter or by reason of being annexed to the village shall also be discontinued within five years from the passage of the amendment or annexation ordinance.
(Ord. 68, passed - -; Ord. 152, passed - -)