Perry County Unincorporated
City Zoning Code
City Zoning Code
DISTRICT REGULATIONS
§ 153.025 ZONE MAPS.
A zone map of each township in the county is hereby adopted as a part of this chapter. The zone maps shall be kept on file available for examination at the office of the County Plan Commission in the zoning office.
(Ord. O-C-97-10, passed 12-22-1997; Ord. O-C-97-11, passed 12-22-1997; Ord. O-C-05, passed 12-5-2005)
§ 153.026 ZONING DISTRICTS.
The jurisdictional area of the County Plan Commission is divided into the districts stated on the zone maps. The districts are:
C-1 Conservation |
A-1 Agricultural |
R-1 Residential |
R-2 Residential |
B-1 Business |
B-2 Business |
I-1 Industrial |
I-2 Industrial |
I-3 Industrial |
Scenic |
Scenic Corridor Overlay District |
(Ord. O-C-97-10, passed 12-22-1997; Ord. O-C-07-8, passed 10-22-2007)
§ 153.027 DISTRICT BOUNDARIES.
District boundaries shown within the lines of roads, streams and transportation right-of-way shall be deemed to follow the centerlines. The vacation of streets shall not affect the location of district boundaries. When the Zoning Administrator cannot definitely determine the location of a district boundary by centerlines, by the scale or dimensions stated on the zone map or by the fact that it clearly coincides with a property line, he or she shall refuse action, and the Board of Zoning Appeals, upon appeal, shall interpret the location of the district boundary with reference to the scale of the zone map and the purposes set forth in all relevant provisions of this chapter.
(Ord. O-C-97-10, passed 12-22-1997)
§ 153.028 CONSERVATION DISTRICT.
The district designated for Conservation, C-1, is limited to agricultural, recreational and certain other open land uses. The purpose of this district is to prevent intensive development of land that is unsuitable for development because of topography, soil conditions or periodic flooding.
(Ord. O-C-97-10, passed 12-22-1997)
§ 153.029 AGRICULTURAL DISTRICT.
(A) The district designated for agricultural use, A-1, is intended to preserve and protect agricultural land from undesirable urban growth while permitting limited residential development on large-size lots which provide adequate space for private water and sewerage facilities.
(B) Planned residential subdivisions with smaller size lots may be approved by the Board of Zoning Appeals if the development provides for common utilities systems and meets the requirements of § 153.053.
(Ord. O-C-97-10, passed 12-22-1997)
§ 153.030 SCENIC DISTRICT.
The district designated as Scenic are those areas otherwise designated as Agricultural A-1 and Conservation C-1 which lie within 250 feet on either side of State Highway 66 between the intersection of State Highways 66 and 166 in Section 7, Township 7 South, Range 2 West, and the intersection of Highway 66 with the north line of Section 1, Township 4 South, Range 1 West. The Scenic District is designed to provide sufficient spacing between residences and other permitted uses, to preserve the scenic qualities in the designated areas.
(Ord. O-C-97-10, passed 12-22-1997)
§ 153.031 RESIDENTIAL DISTRICTS.
Districts designated for residential use, R-1 and R-2, are limited to dwellings and public or semi-public uses which are normally associated with residential neighborhoods. The only new uses permitted in the residential districts are those which would not detract from the residential character of the neighborhood. The purpose of these districts is to create an attractive, stable and orderly residential environment. However, the families per dwelling and the lot and yard requirements are different in the two districts to provide for the various housing needs and desires of the citizens of the county.
(Ord. O-C-97-10, passed 12-22-1997)
§ 153.032 BUSINESS DISTRICTS.
(A) Generally. The districts designated for business, B-1 and B-2, are limited to business.
(B) Performance standards for uses in Business District. All uses within the B-1 and B-2 Business Districts shall conform with the following performance standards.
(1) Smoke. No smoke is emitted of a density greater than No. 1 according to the Ringlemann’s Scale, except that smoke of a density not in excess of No. 2 of Ringlemann’s Scale shall be permitted for a period not in excess of six minutes in any hour.
(2) Fly ash. No particles from any flue or smokestack shall exceed 0.2 grains per cubic foot of flue gas at a stack temperature of 500°F.
(3) Dust. No dust of any kind produced by the business operations shall be permitted to escape beyond the confines of the building in which it is produced.
(4) Odor. No noxious odor of any kind shall be permitted to extend beyond the lot lines.
(5) Gasses and fumes. No gasses or fumes, toxic to persons or injurious to property shall be permitted to escape beyond the building in which they occur.
(6) Glare. No glare shall be seen from any street or any residential area.
(7) Vibration. No intense earth shaking vibration shall be created or maintained by any business beyond the boundary line of the tract on which it is located.
(8) Noise and sound. A maximum of 70 decibels at the property line is permitted. Noise is required to be muffled so as not to become objectionable due to intermittence, beat frequency or shrillness. Sound may equal but not exceed street traffic noise in the vicinity during a normal day shift work period.
(Ord. O-C-97-10, passed 12-22-1997)
§ 153.033 INDUSTRIAL DISTRICT.
The districts designated for industry, I-1, I-2 and I-3, provide suitable space for existing industries and their expansion as well as for future industrial development and for specific intensive commercial uses. Performance standards, parking specifications and yard regulations are set forth in this chapter in order to ensure development that is generally compatible with adjacent uses and that includes specific design and operational elements to limit the negative impacts on adjacent and other nearby uses.
(Ord. O-C-97-10, passed 12-22-1997; Ord. O-C-07-6, passed 10-9-2007)
§ 153.034 SCENIC CORRIDOR OVERLAY DISTRICT.
(A) The Scenic Corridor Overlay District shall apply to all properties within 1,000 feet of either side of the centerline of the following roads and highways:
(1) State Road 145 for a distance of one mile north and one mile south of its junction with Interstate 64; and
(2) State Road 37 for a distance of one mile north and one mile south of its junction with Interstate 64.
(B) Development within the designated scenic corridor shall comply with the provisions of this chapter in addition to the district within which the property is located as noted on the zoning maps. If there is a conflict between the regulations of the Scenic Corridor Overlay District and the regulations of another district which applies to the property, the regulations of the Scenic Corridor Overlay District shall apply.
(C) All new development within the Scenic Corridor Overlay District shall comply with the provisions of this chapter, except that the following shall be exempt from compliance with this chapter:
(1) Existing farm or agricultural-related structures;
(2) Future farm or agricultural-related structures;
(3) Existing single-family dwellings and manufactured homes on an existing lot of record;
(4) Future single-family dwellings of the type permitted by this chapter; and
(5) With respect to completed development existing on the effective date of this chapter, except for development described in divisions (C)(1) through (C)(4) above, any new or additional improvements to the real estate shall be subject to compliance with these regulations. Additionally, if the square footage of an expansion or addition to existing development is equal to or greater than 30% of the square footage of the existing development, then the wall of the existing development where the improvement is attached as well as the expansion or addition shall be subject to compliance with these regulations.
(Ord. O-C-07-8, passed 10-22-2007)
§ 153.035 PERMITTED USES.
The permitted uses for each district are shown on Table A. The uses that are listed for the various districts shall be according to the common meaning of the term or according to definitions given in § 153.011. Uses not specifically listed or defined to be included in the categories under §§ 153.025 through 153.039 shall not be permitted.
(Ord. O-C-97-10, passed 12-22-1997; Ord. O-C-01-4, passed 7-2-2001; Ord. O-C-07-6, passed 10-9-2007)
§ 153.036 SPECIAL EXCEPTIONS.
Table A - Zoning Districts; Permitted Uses; Special Exceptions
|
A-1 AGRICULTURE DISTRICT
|
Permitted Uses |
Table A - Zoning Districts; Permitted Uses; Special Exceptions
|
A-1 AGRICULTURE DISTRICT
|
Permitted Uses |
Accessory uses |
Agriculture |
Basement homes |
Churches |
Essential services |
Home occupations |
Mobile homes |
Noncommercial recreation use |
Nursery and greenhouses |
Public and parochial schools |
Public parks and playgrounds |
Single-family dwellings |
Special Exceptions |
Airports |
Campgrounds |
Cemeteries |
Commercial recreation use |
Fire stations |
Golf courses |
Hospital and clinics |
Mineral excavation |
Mobile home parks |
Municipal buildings and libraries |
Nursery school |
Parking lots |
Planned unit residential project |
Private clubs |
Public utility buildings |
Rest homes |
Swimming pools |
Water and sewage treatment plants |
B-1 BUSINESS DISTRICT
|
Permitted Uses |
Accessory uses |
Automobile sales, services and repair |
Cleaners and laundries |
Eating and drinking establishments |
Essential services |
Farm implement sales, service and repair |
Fire stations and municipal buildings |
Hotels and motels |
Massage therapy service, subject to the criteria set forth in § 153.061 |
Media store |
Media store with sexually oriented media, subject to the criteria set forth in § 153.062 |
Mobile homes sales |
Nursery and greenhouses |
Offices |
Offices and banks |
Parking lots |
Personal and professional services |
Public parks |
Public utility buildings |
Retail business |
Supply yards |
Theaters |
Special Exceptions |
Churches |
Commercial recreation |
Commercial schools |
Dairies |
Funeral homes |
Hospitals and clinics |
Light industrial, as defined in § 153.011 |
Planned unit business project |
Printing shop |
Schools, public and parochial |
Warehouses |
Wholesale businesses |
B-2 BUSINESS DISTRICT
|
Permitted Uses |
Accessory uses |
Eating and drinking establishments |
Essential services |
Fire stations and municipal buildings |
Home occupation |
Media store |
Media store with sexually oriented media, subject to the criteria set forth in § 153.062 |
Nursery and green houses |
Offices |
Offices and banks |
Parking lots |
Personal and professional services |
Public parks |
Public utility buildings |
Retail business |
Special Exceptions |
Churches |
Commercial recreation |
Funeral homes |
Hospitals and clinics |
Multiple-family dwellings |
Planned unit business project |
Schools, public and parochial |
Single-family dwellings |
C-1 CONSERVATION DISTRICT
|
Permitted Uses |
Accessory uses |
Agriculture |
Basement homes |
Essential services |
Mobile homes |
Public parks and playgrounds |
Recreational uses |
Single-family dwellings |
Special Exceptions |
Campgrounds |
Cemeteries |
Churches |
Golf courses |
Home occupations |
Mineral excavation |
Private clubs |
Riding stables |
Swimming pools |
Water and sewage treatment plants |
I-1 LIGHT INDUSTRIAL DISTRICT
|
Permitted Uses |
Accessory uses |
Essential services |
Fire stations and municipal buildings |
Light industrial, as defined in § 153.011 |
Offices |
Parking lots |
Research and testing labs |
Sex shop, subject to the separation requirements of § 153.063 |
Sexually oriented media store, subject to the separation requirements of § 153.063 |
Warehouses |
Water and sewage treatment plants |
Wholesale businesses |
Special Exceptions |
Agriculture |
Mineral extraction |
Planned unit industrial projects |
Recycling plant for wastes of a type described in § 153.011 |
Restaurants |
Supply yards |
I-2 HEAVY INDUSTRIAL DISTRICT |
Permitted Uses |
Accessory uses |
Essential services |
Essential services and accessory uses |
Fire stations and municipal buildings |
Fire stations and municipal buildings |
Heavy industrial, as defined in § 153.011 |
Light industrial, as defined in § 153.011 |
Offices |
Parking lots |
Planned unit industrial projects |
Recycling plant |
Research and testing labs |
Salvage yard (other than motor vehicle) |
Supply yards |
Truck and railroad terminals |
Warehouses |
Water and sewage treatment plants |
Water and sewage treatment plants |
Wholesale businesses |
Special Exceptions |
Agricultural |
Mineral extraction |
Motor vehicle salvage yard |
Municipal waste (solid) transfer station |
I-3 SPECIAL INDUSTRIAL DISTRICT
|
Permitted Uses |
Energy generation power plant |
Essential services and accessory uses |
Explosives blending facility |
Special Exceptions |
Chemical production facility |
Hazardous waste and noxious waste facility |
R-1 RESIDENTIAL DISTRICT
|
Permitted Uses |
Accessory uses |
Essential services buildings |
Mobile homes |
Public and parochial schools |
Public parks and playgrounds |
Single-family dwellings |
Special Exceptions |
Agriculture |
Basement homes |
Cemeteries |
Churches |
Fire stations |
Home occupations |
Mobile home parks |
Municipal buildings and libraries |
Nursery schools |
Parking lots |
Planned unit residential project |
Public utility buildings |
R-2 RESIDENTIAL DISTRICT
|
Permitted Uses |
Accessory uses |
Essential services |
Mobile homes |
Public and parochial schools |
Public parks and playgrounds |
Single-family dwellings |
Two-family dwellings |
Special Exceptions |
Basement homes |
Churches |
Fire stations |
Funeral homes |
Home occupations |
Mobile home parks |
Multiple-family dwellings |
Municipal buildings and libraries |
Nursery schools |
Parking lots |
Planned unit residential project |
Private clubs |
Public utility buildings |
Rest homes |
(Ord. O-C-97-10, passed 12-22-1997; Ord. O-C-01-4, passed 7-2-2001; Ord. O-C-07-6, passed 10-9-2007)
§ 153.037 LOT AND YARD REQUIREMENTS.
(A) The minimum lot area, minimum width of lot, minimum depth of front yard, minimum width of each side yard and minimum depth of rear yard for each district shall be as shown on the following table:
Table B - Lot and Yard Requirements | ||||||
District | Min. Lot Area (Sq. Ft. or Acres) | Min. Lot Area/ Family (Sq. Ft. or Acres) | Min. Lot Width (Ft.) | Min. Depth Front Yard (Ft.) | Min. Width Side Yard (Ft.)* | Min. Depth Rear Yard (Ft.) |
A-1 AGRICULTURE
| ||||||
Table B - Lot and Yard Requirements | ||||||
District | Min. Lot Area (Sq. Ft. or Acres) | Min. Lot Area/ Family (Sq. Ft. or Acres) | Min. Lot Width (Ft.) | Min. Depth Front Yard (Ft.) | Min. Width Side Yard (Ft.)* | Min. Depth Rear Yard (Ft.) |
A-1 AGRICULTURE
| ||||||
Single-family dwellings | 1 acre | 1 acre | 150 | 35 | 10 | 30 |
Other uses | 5 acres | - | 500 | 50 | 30 | 30 |
B-1 and B-2 BUSINESS
| ||||||
All uses | 1 acre | - | 150 | 35 | 10 | 30 |
C-1 CONSERVATION
| ||||||
Single-family dwellings | 1 acre | 1 acre | 150 | 35 | 10 | 30 |
Other uses | 5 acres | - | 500 | 50 | 30 | 30 |
I-1, I-2, I-3 INDUSTRIAL | ||||||
All uses | 1 acre | 150 | 35 | 10 | 30 | 15 |
R-1 RESIDENTIAL
| ||||||
All uses not served by central sewerage systems | 1 acre | 1 acre | 150 | 35 | 10 | 30 |
All uses served by central sewerage systems | 7,500 sq. ft. | 7,500 sq. ft. | 75 | 35 | 10 | 30 |
R-2 RESIDENTIAL
| ||||||
All uses (except multiple-family dwellings) not served by central sewerage systems | 1 acre | 1 acre | 150 | 35 | 10 | 30 |
All uses (except multiple-family dwellings) served by central sewerage systems | 7,000 sq. ft. | 7,000 sq. ft. | 60 | 20 | 10 | 30 |
Multiple-family dwellings (must be served by central sewerage systems) | 7,000 plus1,500 sq. ft. | 90 | 20 | 15 | 30 | |
Scenic | 3 acres | 500 | 100 | 30 | 100 | |
* Principal structures | ||||||
(B) Lots which abut on more than one street shall provide the required front yards along every street.
(C) No portion of a principal structure, whether open or enclosed, including garages, porches, carports, balconies, roofs or platforms above normal grade level, shall project into any minimum front, side or rear yard. Accessory structures may be located within five feet of the side and rear property lines.
(D) Any lot of record existing at the effective date of this chapter may be used for the erection of a structure conforming to the use regulations of the district in which it is located, even though its area and width are less than the minimum requirements of this chapter; however, its width and area must conform to the requirements of the zoning ordinance replaced by Ordinance O-C-97-10.
(E) In any residential district (R-1 or R-2) where at least 25% of the lots in a block are occupied by existing residential structures, the minimum depth of the front yards of the existing residential structures shall be the minimum depth required by this chapter.
(Ord. O-C-97-10, passed 12-22-1997)
§ 153.038 HEIGHT REGULATIONS.
No principal structure shall exceed 35 feet in height above average ground level and no accessory building shall exceed 16 feet in height above average ground level unless approved by the Board of Zoning Appeals. The Board may authorize a variance to this height regulation in any district if:
(A) All front and side yard depths are increased one foot for each additional foot of height; or
(B) The structure is any of the following and does not constitute a hazard to an established airport: television and radio towers, church spires, belfries, monuments, tanks, water and fire towers, stage towers and scenery lofts, cooling towers, ornamental towers and spires, chimneys, silos, elevator bulkheads, smoke stacks, conveyors and flagpoles.
(Ord. O-C-97-10, passed 12-22-1997)
§ 153.039 SCENIC CORRIDOR OVERLAY DISTRICT REGULATIONS.
(A) Development within the Scenic Corridor Overlay District.
(1) Any new development, occupation or use of any land within the Scenic Corridor Overlay District shall not be approved until the applicant has submitted to the Zoning Administrator an existing conditions map and a site plan for the proposed development. The existing conditions map shall show the existing conditions of the land, including, but not limited to, contours, existing landscaping and vegetation, water bodies and other existing conditions on the land. The site plan shall include, identify and locate, on a scale of not less than one inch to 100 feet, the following:
(a) The total area in the development;
(b) The existing zoning of the property in question and/or all adjacent properties;
(c) All public and private right-of-way and easement lines located on or adjacent to the property which are proposed to be continued, created, relocated or abandoned;
(d) Existing topography with a maximum of ten-foot contour intervals with slopes in excess of 18% identified;
(e) The proposed finished grade of the development shown by contours not larger than five feet;
(f) The location of all existing and proposed buildings in the described parcels, the uses to be contained therein and the total number of buildings including dimensions, heights, gross floor area and number of stories, as well as the type of construction materials to be utilized on the exterior, including roof, of the buildings;
(g) The location and dimensions of all curb cuts, driving lanes, off-street parking and loading areas including the number of spaces, angles of stalls, grades, surfacing materials, drainage plans and illumination of facilities;
(h) All sidewalks and other open areas;
(i) Location of all walls, fences and buffer yards;
(j) Location, size, height and orientation of all signs (all signs must comply with § 153.057);
(k) Location of all existing and proposed utilities including electric, gas, telephone, cable and storm drains;
(l) Existing and proposed water and sanitary sewer lines including pipe sizes, types and grades and also any septic system locations;
(m) Scheduling and phasing of the project;
(n) The landscape plan; and
(o) Any other information as required by the Plan Commission to determine conformance with this division.
(2) The Zoning Administrator may, in the sole discretion of the Zoning Administrator, refer all site plans to a Technical Advisory Committee for review and consideration. The Technical Advisory Committee shall be composed of all or a part of the Board of Directors of the County Development Corporation as determined by the County Development Corporation. The Technical Advisory Committee shall review the site plan for compliance with this division and the zoning regulations and shall make a recommendation regarding approval of the site plan to the Plan Commission.
(B) Rules and regulations. The land within the Scenic Corridor Overlay District shall be subject to the rules and regulations of the zoning regulations pertaining to the district within which it is located as shown on the zoning map. Additionally, all land within the Scenic Corridor Overlay District shall be subject to the following regulations and restrictions.
(1) Buildings or structures constructed within this District shall be constructed of material preferably consisting of brick, wood, cast in place concrete, pre-cast concrete, metal, glass or ceramic tile. The exterior building elevations visible from a public access roadway or road frontage must be constructed with at least one-half of the elevation to be windows, masonry (excluding concrete block), split- face concrete block, log or wood siding, clapboard appearance siding or wainscot effect.
(2) Any accessory buildings and enclosures, whether attached to or detached from the main building, shall be of similar compatible design and materials as the main building. No more than 30% of the lot area shall be utilized for business usage buildings. No more than 50% of the lot area shall be utilized for industrial usage buildings.
(3) All development subject to this section shall provide a minimum of one tree for each 35 linear feet of road frontage along the Scenic Corridor. Additionally, an area no less than ten feet wide located along and running the length of any property line contiguous and adjacent to a public access roadway or road frontage must be landscaped. Other areas which have been disturbed by land development activities and are not paved or under structures must be seeded with turf mix minimizing weed growth, wind and water erosion. Large, uninterrupted areas of bare soil are prohibited. These areas must be landscaped in accordance with an approved landscape plan. Native plant materials are particularly encouraged although the use of ornamental plant materials is allowed. All grass, plantings and other landscaping shall be in growing condition and maintained at all times.
(4) There shall be no overnight outside storage on the lots unless the storage is screened from adjacent properties, parking areas, public streets and pedestrian ways. Likewise, all trash, garbage or refuse storage and disposal facilities shall be made of approved containers screened from view on all sides.
(5) There shall be no utility meters or lines located on or connected to any building elevation which is visible from public rights-of-way or thoroughfares.
(6) Walls within or along the roadway shall not be allowed except for low lying decorative stone walls for enhancement of the Scenic Corridor or walls that are needed for slope stabilization or animal control. No chain link fences shall be allowed within the district.
(7) All driveways, entryways and surface parking areas shall be paved in asphalt or concrete in business usage areas. All driveways and entryways shall be paved in asphalt or concrete in industrial usage areas.
(8) Use of stone riprap on banks or slopes shall not be permitted. The maximum finished slope of any disturbed area shall not be in excess of a ratio of
three to one.
(9) All outdoor lighting fixtures, including without limitation, ground, pole and building-mounted fixtures and canopy lighting shall be of a design and type containing shields, reflectors, fracture panels or recessed light sources so that the cutoff angle is 90 degrees or less. For purposes herein, the cutoff angle is that angle formed by a line drawn from the direction of light rays at the light source and a line perpendicular to the ground from the light source above which no light is permitted.
(10) The sale of vehicles, boats, recreational vehicles, all terrain vehicles, trucks or other motorized equipment within the district is prohibited.
(Ord. O-C-07-8, passed 10-22-2007)