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Portsmouth City Zoning Code

CHAPTER 1135

Uses

1135.01 INTRODUCTION TO USES.

   (a)   Allowed Uses. Land and structures may only be used or intended to be used for purposes expressly permitted by the Comprehensive Use Table of this Zoning Code.
      (1)   Permitted Uses. A permitted use is subject to administrative approval.
      (2)   Conditionally Permitted Uses. A conditionally permitted use is subject to quasi-judicial approval by the Board of Zoning Appeals. The Board of Zoning Appeals may -- in addition to zone- or district-specific development standards set forth in Chapter 1133; in addition to any use-specific standards set forth in Chapter 1135; and in addition to any generally applicable standards set forth in Chapter 1137 -- set forth requirements that will, in its judgment, render the conditionally permitted use compatible with the existing and future use of adjacent lots and the vicinity.
   (b)   Uses Not Listed. No land or structure may be used for any purpose not expressly listed in the Zoning Code as permitted or conditionally permitted unless such use is determined by the Building Officer to be similar in definition and impact to a permitted or conditionally permitted use.
   (c)   Similar Uses Not Listed.
      (1)   Any person may submit to the Building Officer an application for zoning approval for any use of land or structure that is similar in definition and impact to a permitted or conditionally permitted use.
      (2)   The Building Officer shall then determine whether the use is similar in definition and impact to a listed permitted or conditionally permitted use. If, in the judgment of the Building Officer, the use is similar in definition and impact to a listed permitted or conditionally permitted use, the proposed use shall be determined to be likewise permitted or conditionally permitted, and, provided that the proposed use complies with all other requirements of this Zoning Code, a zoning permit shall be issued.
      (3)   The applicant may appeal the decision of the Building Officer to the Commission. The Commission shall have the right to override the Building Officer's determination if it should find that the deter- mination was arbitrary, unreasonable, or capricious.
      (4)   The determination by the Building Officer or the Commission shall be for the purpose of enabling the applicant to otherwise comply with the zoning regu- lations regarding necessary applications or permits to be obtained. The decision shall in no way act as a commitment by the Commission or any other agency of the City as to future zoning, approval of conditional uses, or any other zoning matter.
   (d)   Use-Specific Regulations. Certain uses are subject to specific regulations, which are set forth in this chapter.
(Ord. 2022-110. Passed 12-12-22.)

1135.015 COMPREHENSIVE USE TABLE.

Use
Districts
Rural
Hillside Neighborhood
Traditional Neighborhood
Downtown
Corridor
University
Medical
Industrial Flex
Parks and Open Space
Adult Use
Adult Use
P
Agricultural
Agriculture
P
P
P
Neighborhood Agriculture (A)
P
P
P
P
P
P
Industrial
Artisan Manufacturing
P
P
P
P
P
P
P
Heavy Industrial
C
P
Large Light Industrial
C
P
Small Light Industrial
P
P
P
P
Institutional
Arts, Science and Cultural
P
P
P
P
P
Government Administration
P
P
P
P
P
Government Services
P
C
C
P
P
P
P
P
P
Religious Place of Worship
P
C
C
P
P
P
P
School or Library
C
C
C
P
P
P
P
Use
Districts
Rural
Hillside Neighborhood
Traditional Neighborhood
Downtown
Corridor
University
Medical
Industrial Flex
Parks and Open Space
Lodging
Large Lodging
P
P
P
P
Small Lodging (A)
C
P
P
P
P
C
Parking
Large Surface Parking (A)
P
P
P
P
P
P
Small Surface Parking (A)
P
P
P
P
P
P
P
P
P
Structured Parking (A)
C
P
P
P
P
P
P
Recreation and Leisure
Conservation Recreation
P
P
P
P
P
P
P
P
Indoor Recreation or Leisure
C
P
P
P
P
Large Outdoor Recreation
C
P
P
P
Medium Outdoor Recreation
P
P
P
P
P
P
Recreational Lodging
P
P
Restaurant or Bar
P
P
P
P
P
P
P
Small Outdoor Recreation
P
P
P
P
P
P
P
P
P
Use
Districts
Rural
Hillside Neighborhood
Traditional Neighborhood
Downtown
Corridor
University
Medical
Industrial Flex
Parks and Open Space
Residential
Cooperative Dwelling
P
C
P
Dwelling
P
P
P
P
P
P
Retail         
Large Retail
C
P
P
P
Small Retail
P
P
P
P
P
P
Sales
Automotive Sales
C
P
P
P
Commercial Sales
C
P
P
P
Services
Addiction Treatment Facility
P
P
Air Transport Services
C
C
C
Animal Care
P
P
C
P
P
P
P
Automotive Services
P
C
P
P
P
P
Car Rental Services
P
P
P
P
P
Commercial Services
C
P
P
P
P
P
Emergency Medical Care
P
P
P
 
Use
Districts
Rural
Hillside Neighborhood
Traditional Neighborhood
Downtown
Corridor
University
Medical
Industrial Flex
Parks and Open Space
Services (Continued)
Family Care Services
P
P
P
P
P
P
P
General Personal Services
P
P
P
P
P
Ground Transport Services
P
P
P
P
P
Professional Services
P
P
P
P
P
P
P
Table 1101.1: Comprehensive Use Table
Key: P = Permitted Use; C = Conditionally Permitted Use; (A) = A use which may be either an accessory use or a principal use.
(Ord. 2022-110. Passed 12-12-22.)

1135.02 USE-SPECIFIC REGULATIONS.

   Any use listed in the following sections of Chapter 1135 must comply with specific regulations, as listed hereafter. (Ord. 2022-110. Passed 12-12-22.)

1135.03 ACCESSORY USES.

   (a)   Accessory uses are permitted in all districts.
   (b)   All accessory uses must be operated in conjunction with a customarily associated principal use and must be subordinate to that principal use.
   (c)   An accessory use must be conducted on the same lot as the associated principal use or must be conducted on a lot that is contiguous to the lot occupied by the associated principal use.
   (d)   An accessory use shall not cause a greater impact on surrounding properties than those impacts which are customarily expected from permittable principal uses in that district.
   (e)   The impervious area of an accessory use shall be considered when calculating a lot's impervious coverage.
   (f)   An accessory use must comply with front and side setback requirements applicable to the district in which it is located. An accessory use or structure must maintain a rear setback equal to the rear setback requirement of the district in which it is located or ten (10) feet, whichever is less, except that, in the case that a detached garage is located in a rear yard that abuts an alley, a detached garage must maintain a rear setback of only five (5) feet. Fences are exempt from such front, side, and rear setbacks as described in Chapter 1137.
   (g)   An accessory use must comply with height limits applicable to the district in which it is located, unless otherwise noted in this Zoning Code.
   (h)   Determination of whether a use is "customarily associated with" and "subordinate to" the principal use of the lot shall be made by the Building Officer. Determination of whether an impact is greater than those impacts which are "customarily expected from permittable principal uses" shall be made by the Building Officer. Appeals of such determinations may be filed with the Board of Zoning Appeals.
   (i)   Examples of customarily associated accessory uses to dwellings include but are not limited to:
      (1)   Private swimming pools and hot tubs;
      (2)   Private garages;
      (3)   Patios, decks, and terraces;
      (4)   Vegetable or flower gardens;
      (5)   Fences;
      (6)   Renewable energy generation systems;
      (7)   Play equipment and swing sets;
      (8)   Storage sheds;
      (9)   Private parking pads;
      (10)   Au pair suites and caretaker dwellings; and
      (11)   Home occupations.
         (Ord. 2022-110. Passed 12-12-22.)

1135.04 ADDICTION TREATMENT FACILITY.

   (a)   An addiction treatment facility is permitted only when the below criteria is met.
      (1)   Number. No more than one addiction treatment facility may be permitted per each 15,000 persons residing in the City. The number of persons residing in the City shall be based on the most recent US Census Bureau estimate.
      (2)   Facilities. The facility shall provide for staff offices, sleeping space, meeting rooms, bathrooms, and kitchen and dining facilities.
      (3)   Supervision. On-site staff supervision shall be provided during all hours of human occupancy.
      (4)   Licensure. Licensure for the program operated at the facility shall be obtained in accordance with the Ohio Revised Code.
   (b)   Any permitted or accessory uses allowed in any district will not be interpreted to include addiction treatment facilities unless such use is specifically stated to include addiction treatment facilities. (Ord. 2022-110. Passed 12-12-22.)

1135.05 ADULT USE.

   (a)   No adult use shall be established within a radius of 500 feet of any school, library, or teaching facility, whether public or private, if such school, library, or teaching facility is attended by persons under eighteen (18) years of age.
   (b)   All building openings, entries, windows, for adult uses shall be located, covered, or serviced in such a manner as to prevent a view into the interior from any public or semi-public area, sidewalk, or street.
   (c)   No screens, loudspeakers, or sound equipment shall be used for adult motion picture theaters (enclosed or drive-in) that can be seen or discerned by the public from public or semi-public areas. (Ord. 2022-110. Passed 12-12-22.)

1135.06 ANIMAL CARE.

   Animal care uses must maintain a distance of 200 feet between outdoor runs and a dwelling use on another lot. (Ord. 2022-110. Passed 12-12-22.)

1135.07 ARTS, SCIENCE AND CULTURAL.

   (a)   Arts, science, and cultural uses must have a central mission of promoting the advancement of art, science, and/or culture and the delivery of art, science, and/or culture to the general public.
   (b)   Arts, science, and cultural uses may not have central missions to sell products, produce products to sell, or provide direct for-profit services.
   (c)   Research and development activities, universities, galleries that display art for the primary mission of selling art, and artist studios that are not open to public visitation are not considered arts, science, and cultural uses.
   (d)   Arts, science, and cultural uses may dedicate up to twenty-five percent (25%) of the principal structure to office uses in association with the management or development of the principal use. (Ord. 2022-110. Passed 12-12-22.)

1135.08 DRIVE-THRU.

   Drive-thrus are accessory uses that are associated with principal commercial uses, such as restaurants, convenience stores, and pharmacies. Drive-thrus are regulated in Chapter 1137 Generally Applicable Standards.
(Ord. 2022-110. Passed 12-12-22.)

1135.09 DWELLING.

   (a)   No dwelling may be erected that is not placed upon a permanent foundation, except when such dwelling is in the Rural District.
   (b)   No dwelling may be erected that is a mobile home, except when such dwelling is in the Rural District.
(Ord. 2022-110. Passed 12-12-22.)

1135.10 HOME OCCUPATION.

   (a)   A home occupation must be accessory to, subordinate to, and associated with a principal dwelling use on the same lot or adjacent lot.
   (b)   No person other than a resident of the associated principal dwelling use shall be engaged in a home occupation.
   (c)   There shall be no change in the outside appearance of the building or other visible evidence of the conduct of a home occupation that would alter a dwelling's essential character.
   (d)   No home occupation shall be used in such a manner as to create offensive odors, noise, vibration, smoke, or other particulate matter, heat, humidity, glare, electronic interference, or otherwise constitute a nuisance or safety hazard to any occupant of adjacent or nearby properties.
   (e)   No home occupation shall store flammable, explosive, corrosive, unstable, volatile, or hazardous substances in quantities greater than those reasonably expected for a dwelling use. Whether a quantity is greater than that "reasonably expected for a dwelling use" shall be determined by the Building Officer.
   (f)   There shall be no outdoor storage associated with a home occupation.
   (g)   Vehicles used by customers of a home occupation shall be parked in a driveway, a parking area on the lot containing the home occupation, or along the street curb abutting the premises. Not more than four motor vehicles used by customers of a home occupation shall be parked at the location of a home occupation at one time.
(Ord. 2022-110. Passed 12-12-22.)

1135.11 NEIGHBORHOOD AGRICULTURE.

   (a)   A neighborhood agriculture use may be a principal use of a lot or may be an accessory use that is subordinate to and associated with a principal use of a lot or an adjacent lot, such as a dwelling use.
   (b)   No more than one chicken, duck, rabbit, or similar small animal shall be kept for each 725 square feet of lot area. No roosters, geese, or turkeys may be kept outdoors except on lots of at least one-half acre where the coop or cage housing the animal(s) is at least 100 feet from all lot lines. No horse, cow, goat, pig, sheep, llama, alpaca, or similarly sized animal may be kept as part of a neighborhood agriculture use.
   (c)   All animals shall be provided with a covered, predator-proof coop or cage or other shelter that is thoroughly ventilated, designed to be easily accessed, maintained, and cleaned, and of sufficient size to permit free movement of the animals, exclusive of areas used for storage of materials or vehicles.
   (d)   If the neighborhood agriculture use is an accessory use, any coops or cages housing animals may not be located closer to the street right-of-way than the principal structure on the lot.
   (e)   Compost. Compost heaps must maintain a setback of ten (10) feet from all lot lines.
   (f)   Hoop houses, animal shelters, and greenhouses must be included in impervious coverage calculations. (Ord. 2022-110. Passed 12-12-22.)

1135.12 OUTDOOR ENTERTAINMENT VENUE.

   If a structure associated with an outdoor entertainment venue use is within 1,000 feet of a lot that permits dwelling uses, the hours of operations during which noise and light are produced must be restricted to 7:00 a.m. to 11:00 p.m.
(Ord. 2022-110. Passed 12-12-22.)

1135.13 PORCH.

   For porches that are not enclosed in walls or windows on at least three (3) sides, the required front setback is eight (8) feet less than the front setback applicable to principal structures in that district. (Ord. 2022-110. Passed 12-12-22.)

1135.14 RELIGIOUS PLACE OF WORSHIP.

   (a)   Religious places of worship that operate accessory weekday educational classes for more than 100 children shall also be considered school uses.
   (b)   Religious places of worship that provide accessory residential amenities for religious or lay persons shall also be considered dwelling uses.
(Ord. 2022-110. Passed 12-12-22.)

1135.15 RENEWABLE ENERGY GENERATION SYSTEM.

   (a)   Building-mounted renewable energy generation systems may exceed the height limitations in the district in which they are located, provided that they do not exceed the height limitation by more than three (3) vertical feet.
   (b)   If pole-mounted, renewable energy generation systems must be set back from all lot lines a horizontal distance equal to the height of the structure.
(Ord. 2022-110. Passed 12-12-22.)

1135.16 SMALL LODGING.

   (a)   A small lodging use may not have more than eight (8) guest rooms per lot.
   (b)   A small lodging use may not occupy more than 5,000 square feet of GFA per lot.
(Ord. 2022-110. Passed 12-12-22.)

1135.17 TELECOMMUNICATIONS FACILITIES.

   (a)   Purpose. The purpose of this section is to regulate the placement, construction and modification of towers and Wireless Telecommunications Facilities in order to protect the health, safety and welfare of the public, while at the same time not unreasonably interfering with the development of the competitive wireless telecommunications marketplace in the City. Specifically, the purposes of this chapter are:
      (1)   To direct the location of towers and Wireless Telecommunications Facilities in the City.
      (2)   To protect residential areas and land uses from potential adverse impacts of towers and Wireless Telecommunications Facilities.
      (3)   To minimize adverse visual impacts of towers and Wireless Telecommunications Facilities through careful design, siting, and landscaping techniques.
      (4)   To promote and encourage shared use/co-location of towers and Antenna Support Structures as a primary option rather than construction of additional single-use towers.
      (5)   To avoid potential damage to adjacent properties caused by towers and Wireless Telecommu- nications Facilities by ensuring such structures are soundly and carefully designed, constructed, modified, maintained and removed.
      (6)   To the greatest extent feasible, ensure that towers and Wireless Telecommunications Facilities are compatible with surrounding land uses.
      (7)   To the greatest extent feasible, ensure that proposed towers and Wireless Telecommunications Facilities are designed in harmony with natural settings and in a manner consistent with current development patterns.
   (b)   Applicability.
      (1)   All towers, Antenna Support Structures, and Wireless Telecommunications Facilities, any portion of which are located within the city, are subject to this chapter.
      (2)   Except as provided in this chapter, any use being made of an existing tower or Antenna Support Structure on the effective date of this section (herein "Nonconforming Structures") shall be allowed to continue even if in conflict with the terms of this section. Any tower site that has received City approval in the form of a Special Permit or building permit, but has not yet been constructed or located, shall be considered a Nonconforming Structure so long as such approval is current and not expired.
   (c)   Use Regulations. Wireless Telecommunications Facilities shall be a conditional use in the Industrial Flex District, contingent upon a number of requirements being met. These criteria are in place in an attempt to minimize adverse health, safety, public welfare or visual impacts through buffering, siting, design and construction, and reduction of the need for new towers.
   (d)   Application Requirements. The following additional information shall be provided when applying for a conditional use approval:
      (1)   A plot plan indicating all building uses within 200 feet of the proposed facility. Aerial photos and/ or renderings may be required.
      (2)   A diagram or map showing the viewshed of the proposed Wireless Telecommunications Facilities or Antenna Support Structure.
      (3)   Photo simulations of the proposed facility from affected residential properties and public rights-of- way at varying distances.
      (4)   A list of the location of every tower, building, or structure within the area that could support the proposed antenna. The applicant must show that it has pursued a reasonable shared use arrangement with the owner(s) of the existing towers and that such pursuit was unsuccessful.
   (e)   Standards.
      (1)   The tower and Equipment Shelter shall be 1,000 feet from the nearest dwelling use or public park.
      (2)   The maximum size of the Equipment Shelter shall not exceed 400 square feet.
      (3)   Minimum setback for the tower from all property lines shall be a distance equal to the height of the tower. Setback shall be defined as the distance from the property line to the nearest portion of the structure. The Equipment Shelter shall meet the minimum setback requirements applicable to accessory structures.
      (4)   Underground wiring to the site shall be required.
      (5)   Equipment, mobile or immobile, not used in direct support of the transmission or relay facility, shall not be stored or parked on the site except in connection with a repair or maintenance being made to the installation.
      (6)   The owner of the tower shall annually file with the Building Officer a declaration ascertaining the continued operations, according to the Board of Zoning Appeal's approval, of each tower approved.
      (7)   Obsolete or unused facilities shall be removed within six (6) months of ceasing operation.
      (8)   No employees shall be employed on a regular basis at the installation site.
      (9)   The location of the tower and Equipment Shelter and Antenna Support Structure shall comply with all natural resource protection standards established in the Zoning Code.
      (10)   Security fencing eight (8) feet in height shall be required to surround the tower, Equipment Shelter and any guy wires, either completely or individually as determined by the Board of Zoning Appeals. No barbed or razor wire shall be permitted. The City and co-locators shall have reasonable access. No fence shall be required on top of a building or other structure if access to the roof or top of the structure or building is secure.
      (11)   Buffer plantings shall be located around the perimeter of the security fence as deemed appropriate by the Board of Zoning Appeals. Options are an evergreen screen to be planted that consists of either a hedge, planted three (3) feet on center maximum, or a row of evergreen trees planted five (5) feet on center maximum, or other screens determined to be appropriate by the Board of Zoning Appeals.
      (12)   Existing vegetation (trees and shrubs) shall be preserved to the maximum extent possible.
      (13)   The tower shall be painted a non-contrasting gray or similar color minimizing its visibility, unless otherwise required by the Federal Communications Commission (FCC) or Federal Aviation Administration (FAA).
      (14)   Except for tower or Monopole structures, all appurtenances shall be aesthetically and architecturally compatible with the surrounding environment.
      (15)   No advertising is permitted anywhere on the Wireless Telecommunications Facility, with the exception of identification signage.
      (16)   No tower under 150 feet shall be artificially lighted except to assure safety or as required by the Federal Aviation Administration.
      (17)   "No Trespassing" signs shall be posted around the Wireless Telecommunications Facility with a telephone number of who to contact in the event of an emergency.
      (18)   Underground Equipment Shelters are encouraged, and may be requested by the Board of Zoning Appeals.
      (19)   Towers must be designed and certified by an Engineer to be structurally sound and, at a minimum, in conformance with the Ohio Basic Building Code.
      (20)   Any Wireless Telecommunications Facilities which are not attached to a tower shall be a permitted ancillary use to any commercial, industrial, or professional structure, regardless of the zoning restrictions applicable to the zoning district where the structure is located and a zoning permit shall be required and issued provided that the person making such ancillary use files a written certification with the City establishing the following:
         A.   The total height of the Antenna Support Structure and Wireless Telecommunications Facilities do not exceed the structural height limitations in the applicable zoning district by more than twenty (20) feet;
         B.   The Antenna Support Structure and Wireless Telecommunications Facilities comply with the Ohio Basic Building Code;
         C.   Any Wireless Telecommunications Facilities and its appurtenances, located on the roof of a building, are set back one (1) foot from the edge of the roof, not including the penthouse, for each one (1) foot in height of the Wireless Telecommunications Facilities. However, this setback requirement shall not apply to antennas less than two (2) inches in thickness, which are mounted to the sides of Antenna Support Structures, but which do not protrude more than six (6) inches from the side of such an Antenna Support Structure;
         D.   The Wireless Telecommunications Facilities will utilize camouflaging techniques or will be side mounted to an Antenna Support Structure in order that the Wireless Telecommunications Facilities harmonize with the character and environment of the area in which they are located.
      (21)   No new tower shall be constructed in the City unless such tower is capable of accommodating at least one (1) additional Wireless Telecommunications Facility owned by other persons.
         (Ord. 2022-110. Passed 12-12-22.)

1135.18 VEGETABLE OR FLOWER GARDEN.

   (a)   Vegetable or flower gardens are not required to comply with district setback requirements and may be located adjacent to and along a lot line.
   (b)   Compost heaps or other yard refuse area must maintain a setback of at least ten (10) feet from all lot lines. (Ord. 2022-110. Passed 12-12-22.)