Port Clinton City Zoning Code

CHAPTER 1135

General Regulations

1135.01 PURPOSE.

General regulations apply to all districts. Where requirements of a general regulation and a district regulation differ the more restrictive requirement shall prevail.

(Ord. 18-90. Passed 6-26-90.)

1135.02 CONFORMANCE REQUIRED.

No building shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or land be used, designed or arranged for any purpose other than that specifically permitted in the district in which the building or land is located except as hereinafter specified.

(Ord. 18-90. Passed 6-26-90.)

1135.03 ADDITIONAL USES.

Uses other than those specifically mentioned in this Zoning Ordinance as permitted uses in each of the districts may also be allowed therein, provided that in the judgment of the Planning Commission, such other uses are of similar character to those mentioned and will have no more adverse influence on adjacent properties or the neighborhood or community than the permitted uses specifically mentioned for the district.

(Ord. 18-90. Passed 6-26-90.)

1135.04 CONVERSION OF DWELLINGS.

The conversion of any building into a dwelling or conversion of any building so as to accommodate an increased number of dwelling units or families, shall be permitted only within a district in which a new building for similar occupancy would be permitted under this Zoning Ordinance, and only when the resulting occupancy will comply with the requirements governing new construction in such a district, with respect to minimum lot size, lot area per dwelling unit, percentage of lot coverage, dimensions of yards and off-street parking.

(Ord. 18-90. Passed 6-26-90.)

1135.05 GENERAL LOT AREA REGULATIONS.

No parcel of land shall hereafter be reduced or divided so as to provide less than the minimum lot size required in the district in which such land is situated.

(Ord. 18-90. Passed 6-26-90.)

1135.06 GENERAL YARD REQUIREMENTS.

Except as herein provided, every required yard shall be open and unobstructed and shall not be reduced or diminished in area so as to be smaller than prescribed by this Zoning Ordinance.

(a) Yard for Single Building. No required yard or other open space around one building shall be considered as a yard or open space for any other building. No required yard or other required open space on an adjoining lot shall be considered as providing the yard or open space on the lot whereon a building is to be erected or established.

(b) Yard Measurements.

(1) The minimum front yard depth shall be measured on the perpendicular from the street right-of-way line to the building setback line.

(2) The minimum side yard width and rear yard depth shall be measured on the perpendicular from the lot lines to the nearest point of the principal building.

(3) Corner and double frontage lots shall comply with the minimum front yard depths on both streets.

(c) Clear View of Intersecting Streets. In all zones which require a front yard, no obstruction in excess of two feet in height shall be placed on any corner lot within the triangular area formed by the street right-of-way lines or the projected point of intersection of the street right-of-way lines and a line connecting points twenty-five feet from the intersection of the street right-of-way lines or the projected point.

(Ord. 18-90. Passed 6-26-90.)

1135.07 HEIGHT EXCEPTIONS.

No structure shall be erected, converted, enlarged, reconstructed or structually altered to exceed the height limit hereinafter established for the district in which the structure is located, except that:

(a) Roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, and fire or parapet walls, skylights, towers, steeples, stage lofts and screens, chimneys, smokestacks, water tanks or similar structures may be erected to exceed by not more than fifteen feet the height limits of the district in which it is located; provided that such structure shall not have a total area greater than twenty percent (20%) of the roof area of the building and shall not be used for any residential purposes;

(b) Radio, television and wireless aerials, or masts and flagpoles may be erected to any height.

(Ord. 18-90. Passed 6-26-90.)

1135.08 BUILDING REGULATIONS.

No building shall be erected, converted, enlarged, reconstructed or structurally altered to:

(a) Exceed the maximum height;

(b) Accommodate a prohibited use of a house by a greater number of families;

(d) Have narrower or smaller rear, front or side yards than are specified herein for the district in which such building is located.

(1) Principal building: No more than one principal building shall be permitted on any one lot unless otherwise specifically stated in the Zoning Ordinance.

(2) Town house, multi-family and commercial development: When more than one town house, multi-family, commercial or industrial building is located on one lot, the building shall be considered as one building for the purpose of determining front, side and rear yard requirements.

(3) Frontage required for building: No principal building shall be erected on a lot which does not abut on at least one street by its full frontage.

(Ord. 18-90. Passed 6-26-90.)

1135.09 ACCESSORY BUILDINGS AND USES.

(a) Accessory Building/Structures. All accessory buildings and/or structures shall be subject to the following regulations:

(1) They shall be located in the rear or side yard and shall not be placed in front of the front façade of the primary structure;

(2) An accessory building/structure shall be no closer than five feet from the principal building. If attached to such structure, it shall be considered part of the principal building;

(3) Accessory buildings/structures shall be at least ten feet from any alley or five feet from the rear or side lot line, whichever is greater;

(4) An accessory building/structure shall not project into the minimum front yard setback of a through lot;

(5) On lots where the rear yard abuts a side yard of a corner lot, the accessory building shall not project beyond the front yard of such corner lot;

(6) Accessory buildings/structures may not occupy more than thirty percent (30%) of the required rear yard in residential districts; and

(7) An accessory building/structure may not exceed twenty feet in height in a residential district. (Ord. 29-21. Passed 12-8-21.)

(b) Accessory Uses.

(1) Residential uses may be permitted in any business district as an accessory use if the following conditions exist or are met:

A. All off-street parking requirements of the district are met; and

B. Minimum floor area requirements of the R-4 District are met.

(2) Hedges or other plantings excluding trees may be permitted in any required yard, but shall not exceed a height of three feet in any required front yard. They shall be arranged so that upon reaching maturity, they shall not encroach upon any adjacent property line, street or alley.

(3) Swimming pools shall be permitted in any business or residential district, but subject to the following requirements:

A. In residential districts, the pool shall be only for the use of occupants of the principal building and their guests; and

B. In residential districts, it shall be located in the rear yard and shall be at least ten feet from the rear lot line and five feet from any side lot line.

(Ord. 18-90. Passed 6-26-90.)

1135.10 TERRITORY NOT INCLUDED OR ANNEXED.

(a) In case any territory subject to the jurisdiction of this Zoning Ordinance has not been specifically included in any of the aforesaid districts, or in the event that unzoned territory becomes a part of the area of jurisdiction of this Ordinance by reason of annexation, such territory shall automatically be classified as an R-1 District, until and unless otherwise rezoned in accordance with the amendment procedure as specified in Chapter 1133, or as set forth in the procedure provided in subsection (b) of this provision.

(b) All territory which may hereafter be annexed to the City, if already zoned, shall be continued in its existing zone classification, unless amended in conformity with the procedures set forth in this zoning ordinance and the provisions of the Ohio Revised Code.

(Ord. 17-00. Passed 7-11-00.)

1135.11 LOT DIVIDED; EXTENSION OF DISTRICT.

Where a district boundary as shown on the Zoning Map, divides a lot which was in single ownership at the time of the enactment of this Zoning Ordinance, the use authorized thereon and the other district requirements applying to the least restrictive portion of such lot under this Ordinance shall be construed as extending to the entire lot, provided such lot does not extend more than fifty feet beyond the boundary line. The use so extended shall be deemed to be a conforming use.

(Ord. 18-90. Passed 6-26-90.)

1135.12 USES NOT SPECIFICALLY CONTROLLED BY DISTRICT REGULATIONS.

(a) Official Notices Exempt. This Zoning Ordinance shall not apply to signs established by any court or public body exclusively for legal or official notice, directional warning or for public information.

(b) Temporary Buildings. Temporary buildings or uses for purposes incidental to construction work shall be permitted provided such buildings or uses shall not be continued as permanent structures or uses. The period of continuance shall be established by the Planning Commission.