Reminderville City Zoning Code
TITLE FIVE
Zoning Administration and Districts
1131.01 GENERAL MEANINGS OF WORDS.
(a) For purposes of this Zoning Ordinance, certain words or terms used herein shall be defined as follows:
(1) “Lot” includes “plot” and “parcel”.
(2) “Building” includes “structure”.
(1978 Code Sec. 1260.04)
1131.02 SPECIFIC WORDS DEFINED.
(a) The following words and phrases when used for purposes of this Zoning Ordinance shall have the meanings respectively ascribed to them unless otherwise indicated. Words used in the present tense shall be interpreted to include the future tense; words used in the singular include the plural and the plural includes the singular. The word “shall” is mandatory and not directory.
(1) “Accessory use or building” means a use or building, respectively, customarily incident to and located on the same lot with another use or building.
(2) “Building Inspector” means the person responsible for enforcement of the Zoning Ordinance and includes all persons succeeding him by whatever title known.
(3) “Building line” or “setback line” means a line on or back of the street line between which and the street line no building or portion thereof, except as provided herein, may be erected above the established grade, or about the natural grade if no established grade exists.
(4) “Established grade” means the elevation of the center line of the street as fixed by City ordinance.
(5) “Family” means a number of individuals related to the nominal head of the household, living as a single housekeeping unit in a single dwelling unit, but limited to the following:
A. Husband and wife of the nominal head of the household;
B. Son or daughter of the nominal head of the household and the spouse and dependent children of such son or daughter;
C. Father or mother of the nominal head of the household or of the spouse of the nominal head of the household;
D. Dependent brother or sister of the nominal head of the household or of the spouse of the nominal head of the household, which brother or sister is not living with his or her spouse and his or her dependent children.
A family may consist of one individual.
(6) “Height” of a building means the vertical distance measured from the established grade or the natural grade if higher than the established grade, or if no established grade exists to the highest point in coping of the street wall for flat roofs, to the deck line for mansard roofs, and to the mean heights between the eaves and ridges for gable, gambrel or hip roofs.
(7) “Lot” means a parcel of land occupied by one main building and the accessory buildings or uses customarily incident to it, including such open spaces as are arranged and designed to be used in connection with such main building.
(8) “Main building” means the building or space occupied by the chief use or activity of the premises.
(9) “Natural grade” means the elevation of the undisturbed natural surface of the ground adjoining the building.
(10) “Nonconforming use” means a building, use or structure which does not comply with the regulations of the district in which it is located.
(11) “Notice” means a written announcement delivered to the person addressed or left at his usual place of residence, including delivery by registered mail, not more than ten days nor less than five days, before the event or action to which it refers is to take place.
(12) “Public notice” means a notice give publication in a newspaper of general circulation in the City, or by posting in five public places prescribed by City ordinance, not more than ten days nor less than five days, before the event or action to which it refers is to take place, unless a different time before such event is prescribed by this Zoning Ordinance.
(1978 Code Sec. 1260.04; Adopting Ordinance)
(13) Single family dwelling:
DWELLING TYPE | MINIMUM LIVING AREA (SQUARE FOOT) |
One-story with basement | 1,200 square feet (exclusive of basement floor area) |
One-story without basement | 1,500 square feet (exclusive of crawl space or similar areas) |
One and one half or two story with basement | 1,600 square feet (exclusive of basement floor area) |
One and one half or two story without basement | 1,600 square feet (exclusive of crawl space or similar areas) |
On lots with only 50 foot frontage, area with basement | 1,100 square feet of floor area, exclusive of the basement floor area |
On lots with only 50 foot frontage, area without basement | 1,150 square feet of floor area |
On lots with only 50 foot frontage, dwellings having one and one-half or two stories | 1,450 square feet of floor area, exclusive of the basement floor area |
(Ord. 4-1990. Passed 3-27-90.) | |
(14) "Street line" means the dividing line between the street and the lot or land adjacent.
(15) "Yard" means the existing or required space on the same lot with the main building and lying along the adjacent lot line, open and unobstructed from the ground to the sky, except as otherwise provided herein.
A. "Front yard" means a yard across the full width of the lot, and extending from the building or set back line to the street line.
B. "Side yard" means a yard along the side line of the lot, and extending from the front yard or lot line to the rear yard or lot line.
C. "Rear yard" means a yard across the full width of the lot immediately in the rear of the main building.
(16) "Zone Map" means the map adopted by Section 1135.02
and all additions, corrections or substitutions hereafter made thereto.
(1978 Code Sec. 1260.04)
1133.01 SHORT TITLE.
Titles One, Three and Five of this Part Eleven, consisting of Ordinance 1955-3, effective April 12, 1985, as amended, shall be known as the Zoning Ordinance.
1133.02 INTERPRETATION.
In interpreting and applying the provisions of this Zoning Ordinance, they shall be held to the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. This Zoning Ordinance shall not interfere with or abrogate or annual any private easements, covenants, agreements, or restrictions; provided, however, that where this title imposes greater restrictions on the use or heights, or required larger lots or yards than are otherwise imposed or required, the terms of this Zoning Ordinance shall prevail.
(1978 Code Sec. 1266.04)
1135.01 REQUIRED AREAS NOT TO BE DIVIDED OR DIMINISHED.
Lot or yard areas required by this Zoning Ordinance for any building shall not be included as part of the required lot or yard areas of any other building; nor shall such lot or yard areas be diminished below the requirements of this section by conveyance of any part of such lot, or otherwise.
(1978 Code Sec. 1266.01)
1135.02 ZONING MAP.
There is hereby adopted and made a part of this section a map filed with the Clerk-Treasurer and entitled “The Zone Map of the City of Reminderville, State of Ohio, 1955", together with map rules and regulations shown upon such map.
(1978 Code Sec. 1260.02)
1135.03 ZONING OF NEWLY ANNEXED TERRITORY.
On the annexation of any territory to this City after the passage of this section, any zone, district, or regulations in effect with respect to such territory up to the time of its annexation shall continue in effect until changed in the manner provided by law for amendments or changes of this section.
(1978 Code Sec. 1260.03)
1135.04 BUILDING INSPECTOR.
(a) The Building Inspector shall cause examination to be made of every application for a building permit, and shall issue no permit for any building or structure to be built, altered, repaired or moved in violation of this Zoning Ordinance or any applicable local, regional, state and/or federal regulation and/or permit. No building or structure shall be built, altered, repaired or moved, except after the issuance of such permit, and in conformity with such permit and the plans, statements and other documents, required to be submitted or approved in securing such permit. Any permit issued in violation hereof shall be void.
(b) The Building Inspector shall cause inspection to be made of all buildings and structures in process of construction and such other buildings and structures and premises as he may find necessary or proper in the enforcement of this section.
(c) When any construction, alteration, repair or moving of any building or structure is being done in violation of this section it shall be unlawful to proceed further upon such work, and such work shall be suspended forthwith.
(d) When any building, structure or premises are being used or occupied in violation of this section, no person shall continue such use or occupancy, and such use or occupancy shall be suspended forthwith.
(e) It shall be the duty of the Building Inspector to notify the owner, or his or her agent, of such unlawful work, use or occupancy, and to cause a written or printed notice of suspension thereof to be posted conspicuously and as near as practicable to the scene of the unlawful work, use or occupancy. No person shall remove, deface, cover, or cancel such notice or to do any further work on such building, structure or premises, until such notice shall have been rescinded by the Building Inspector or the Planning and Zoning Commission. Provided that the Building Inspector may direct such covering or protection to be made as the public safety may require, and the person or persons performing the suspended work, use or occupancy shall immediately make such covering or protection as directed.
(Ord. 22-2004. Passed 11-9-04.)
1135.05 POWERS OF PLANNING AND ZONING COMMISSION.
(a) There are hereby delegated to the Planning and Zoning Commission all powers now or hereafter authorized by law to be delegated to any administrative board with respect to any planning or zoning ordinance, including, without prejudice to the generality of this delegation, the following powers:
(1) The Planning and Zoning Commission shall hear and determine all appeals from the refusal of the Building Inspector, because of any thing contained in this Zoning Ordinance, to issue building permits.
(2) The Planning and Zoning Commission shall hear and determine all appeals from any decision or action of the Building Inspector in the administration or enforcement of this Zoning Ordinance.
(3) The Planning and Zoning Commission may, in individual cases, after public notice, and to such persons as it deems immediately affected, and after hearing in accordance with such notices, and subject to such conditions and safeguards as it may establish, permit exceptions to and variations from the district regulation established by this Zoning Ordinance as follows:
A. Permit the extension of building or use into a more restricted district immediately adjacent thereto, but not more than fifty feet beyond the boundary line of the district in which such building or use is authorized.
B. Permit the substitution or extension of a nonconforming use or building upon a lot occupied by such use or building at the time of the passage of this Zoning Ordinance.
C. Permit in a district any use deemed by the Commission to be in general keeping with the uses authorized in such district.
D. Grant temporary and conditional permits, revocable at any time by the Commission and in no case for more than two year periods, for the buildings that do not conform to the regulations herein prescribed relative to the uses permitted in the district in which they are located.
E. Permit the location in any district of any use provided such use in such location will not in the judgement of the Commission substantially and permanently injure the use of neighboring property, provided the petitioner files the consents, duly acknowledged, of the owners of eighty percent (80%) of the area of the land deemed by the Commission to be immediately affected by the proposed use, which area shall in no case extend less than 200 feet in any direction from the boundaries of the lot on which such proposed use ins to be located.
F. The Planning and Zoning Commission shall adopt such rules as it deems proper for its meeting, and for exercising its powers and duties and carrying into effect the provisions of this section.
(b) The Planning and Zoning Commission shall meet upon call by the Mayor or by any two members of the Commission, and notice of the time and place of the meeting delivered to each member personally or left at his residence not less than twenty-four hours in advance of the meeting.
(c) All meetings of the Planning and Zoning Commission shall be public and minutes of all meetings shall be kept showing the attendance of members and vote or failure to vote of each member upon each subject. No shall be taken or decision made by the Planning and Zoning Commission except on the concurrence of at least three of its members.
(1978 Code Sec. 1266.03)
1135.06 APPLICATION TO EXISTING BUILDINGS.
Nothing contained in this chapter shall require any change in the plans, construction or designation use of a building lawfully issued before the passage hereof, and construction of which is begun within thirty days of the issuance of such permit, diligently prosecuted to its completion, and specifications on which such permit was issued, within one year of the issuance of the permit.
(1978 Code Sec. 1266.05)
1135.07 PERMITS NOT TO BE ISSUED PENDING AMENDMENTS.
The Building Inspector shall issue no permits while any ordinance or other measure is pending before the Council or the Planning and Zoning Commission, nor while any such ordinance is subject to referendum or referendum thereon is pending, under which ordinance or measure, if adopted, any work, use, construction, alteration, or repair covered by such permit would be forbidden. Provided, however, that no permit shall be withheld for a total period of more than ninety days after application therefor by reason of the pendency of any one or more of such ordinances or measures, unless such ordinance or measure has been subjected to a referendum in which case the permit shall be withheld until such referendum election has been held and its results certified to the proper officers of the City.
(1978 Code Sec. 1266.06)
1135.99 PENALTY.
Except as otherwise specifically provided for, the owner or owners of any building or premises or part thereof where anything in violation of the Zoning Ordinance shall be placed or shall exist, and any tenant or occupant of such building or premises, and any architect, builder or contractor who shall assist in the commission of any such violation, and nay person who violates any of the provisions of this Zoning Ordinance or fails to comply therewith shall for each violation or non compliance be deemed guilty of a misdemeanor and upon conviction thereof, be fined not more five hundred dollars ($500.00). Each day a violation or failure to comply shall exist shall constitute a separate offense.
(1978 Code Sec. 1266.07)
1137.01 COMPOSITION, ORGANIZATION AND QUORUM.
(a) Composition and Appointment. The Board of Zoning and Building Appeals shall consist of five members who shall serve without compensation. Members shall be appointed by the Council for terms of five years. A vacancy occurring during the term of any member of the Board shall be filled for the unexpired term in the manner authorized for an original appointment.
(b) Organization. The Board shall elect a chairman and a vice chairman from its membership, shall appoint a recording secretary, and shall prescribe rules for the conduct of its affairs.
(c) Quorum. Three members of the Board shall constitute a quorum. The Board shall act by resolution, and the concurring vote of three members of the Board shall be necessary to reverse any order of determination of the Building Inspector, or to decide in favor of an applicant in any matter on which, the Board has original jurisdiction under this section, or to grant any variance from the requirements stipulated in this section.
(1978 Code Sec. 1270.02 to 1270.04)
1137.02 MEETINGS.
The Board of Zoning and Building Appeals shall meet at the call of its chairman and at such other times as it may determine. All meetings of the Board shall be open to the public.
(1978 Code Sec. 1270.05)
1137.03 WITNESSES AND PROCEEDINGS.
(a) The Board of Zoning and Building Appeals, chairman or acting chairman may administer oaths and the Board may compel the attendance of witnesses in all matters coming within the purview of the Board.
(b) The Board shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions all of which shall be immediately filed in the office of the Building Inspector and shall be a public record.
(1978 Code Secs. 1270.05, 1270.07)
1137.04 POWERS AND DUTIES.
The Board of Zoning and Building Appeals shall have the following powers:
(a) To hear and decide appeals, filed as hereinbefore provided, where it is alleged by the appellant that there is error in any order, requirement, decision, grant or refusal made by the Building Inspector or other administrative official in the interpretation of the provisions of this section.
(b) To authorize, upon appeal, in specific cases, filed as hereinbefore provided, such variance from the provisions or requirements of this section as will not be contrary to the public interest; but only in such cases where, owing to special conditions pertaining to a specific piece of property, the literal enforcement of the provisions or requirements of this section would cause undue and unnecessary hardship, and so that the spirit of the section shall be observed and substantial justice done.
(c) Where, by reason of the exceptional narrowness, shallowness or unusual shape of a specific piece of property on the effective date of this section, or by reason of exceptional topographic conditions, or other extraordinary situation or conditions of such piece of property, or of the use or development of property immediately adjoining the piece of property in question, the literal enforcement of the requirements of this section would involved practical difficulty or would cause unnecessary hardship, unnecessary to carry out the spirit and purpose of this section, the Board shall have the power to authorize a variance from terms of this section so as to relieve such hardship, and so that the spirit and purpose of this section shall be observed and substantial justice done. In authorizing a variance, the Board may attach thereto such conditions regarding the location, character and other features of the proposed structure or use as it may deem necessary in the interest of the furtherance of the purposes of variance, with attached conditions; the Board shall require such evidence and guarantee or bond, as it may deem to be necessary, that the condtions attached are being and will be complied with.
(d) No such variance in the provisions or requirements of this section shall be authorized by the Board unless the Board finds, beyond reasonable doubt, that all the following facts and conditions exist:
(1) That there are exceptional or extraordinary circumstances or conditions applying to the property in question, or to the intended use of the property, that do not apply generally to other properties or classes of uses in the same district.
(2) That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same district and in the same vicinity.
(3) That the authorizing of such variance will not be of substantial detriment to adjacent property, and will not materially impair the purposes of this chapter or the public interest.
(e) No grant of variance shall be authorized unless the Board specifically finds that the condition or situation of the specific piece of property, or the intended use of such property for which variance is sought, one or the other or in comobination, is not of so general or recurrent a nature as to make reasonably practicable the formulation of general regulation for such conditions or situation.
(f) The Board shall have the power to hear and decide, in accordance with the provisions of this section, applications, filed as hereinbefore provided, for special exceptions in the use of land, buildings and other structures; for interpretation of the Zoning Map; for decisions upon other special questions on which the Board is authorized by this section to pass. In considering a special exception or interpretation of the Zoning Map, the Board shall give due regard to the nature and condition of all adjacent uses and structures; and in authorizing a specific exception, the Board may impose such maintenance and operation, in addition to those expressly stipulated in this section for the particular exceptions, as the Board may deem necessary for the protection of adjacent properties and the public interest.
(g) The Board shall have the power to permit the restoration, extension, alteration, or change of a nonconforming use.
(1978 Code Sec. 1270.08)
1137.05 APPEALS.
Appeals to the Board of Zoning and Building Appeals may be taken by any person or by any officer, board or department of the City deeming himself or itself to be adversely affected by the decision of the Building Inspector or any decision in which the Board has original jurisdiction. Such appeal shall be taken within twenty days after the decision. An appeal shall stay all proceedings in furtherance of the action apealed from , unless the Bulding Inspector whose decision is appealed, shall certify to the Board of Zoning and Building Apeals after the notice of the appeal has been filed, that by reason of facts stated in the certificate, a stay would in his opinion cause imminent peril to life or property. In such cases, proceedings shall not be stayed by other than a restraining order granted by the Boasrd or by a court having lawful jurisdiction. Within its powers The Board may reverse or affirm wholly or in pat or modify the order, requirement, decision or determination as in its opinion ought to be done, and to that end, shall have all the powers of the Building Inspector from whom the appeal is taken, and it may issue or direct the issuance of a permit or certificate. The Board of Zoning and Building Appeals shall decide all appeals within thirty days after date of hearing.
(1978 Code Sec. 1270.09)
1137.06 APPLICATIONS.
An application, in cases in which the Board of Zoning and Building Appeals has original jurisdiction under the provisions of this section, may be made by any property owner, including a tenant, or by governmental officer, department, board, or bureau. Such application shall be filed with the Building Inspector who shall transmit the same to the Board.
(1978 Code Sec. 1270.10)
1137.07 PROCEDURE.
(a) The Board of Zoning and Building Appeals shall act in accordance with the procedure specified by statute and this section.
(b) All appeals and applications made to the Board shall be in writing and on the forms prescribed therefor. Every appeal or application shall refer to the specified provision of the ordinance involved, and shall exactly set forth the interpretation that is claimed, the details of the variance that is applied for and the grounds on which it is claimed that the variance should be granted, as the case may be. Every decision of the Board shall be by resolution, each of which shall contain a full record of the findings of the Board by case number under one or another of the following headings:
(1) Interpretation.
(2) Variances and all other documents pertaining thereto.
(1978 Code Sec. 1270.11)
1137.08 NOTICE OF HEARINGS.
When a notice of appeal has been filed in proper form with the Board of Zoning and Building Appeals, the Secretary shall immediately place the request for appeal upon the calendar for hearing, and shall cause notices stating the time, place and object of the hearing to be served personally or by mail addressed to the parties making the request for appeal, and contiguous property owners, at least ten days prior to the date of the scheduled hearing. All notices shall be sent to addresses given in the last assessment roll. Such hearings shall be advertised by one publication in one or more newspapers of general circulation in the City at least ten days before the date of such hearing. The Board, at its discretion, may send out further notices to publicize such hearings. The Board may recess such hearings from time to time, and if the time and place of the continued hearing be publicly announced at the time of adjournment, no further notice shall be required.
(1978 Code Sec. 1270.12)
1137.09 DECISIONS.
A certified copy of the decision of the Board of Zoning or Building Appeals shall be transmitted to the applicant or appellant and to the Building Inspector. Such decision shall be binding upon the Building Inspector and observed by him and he shall incorporate the terms and conditions of the same in the Zoning Certificate to the applicant or appellant, whenever a certificate is authorized by the Board. A decision of the Board shall not become final until the expiration of five days from the date such decision is made, unless the Board shall find the immediate taking effect of such decision is necessary for the preservation of property or personal rights and shall so certify on the record.
(1978 Code Sec. 1270.13)
1137.10 FEES.
Any request for an interpretation, exception, variance or appeal from the Board shall be accompanied by a minimum fee of forty dollars ($40.00) which fee shall not be refundable. In the event that the Board will find it necessary and the appelant agrees, to draw upon any planning, legal, engineering, or any other expert testimony, the appellant shall bear all direct and related costs.
(1978 Code Sec. 1270.14)
1139.01 ESTABLISHED, COMPLIANCE.
(a) For purposes of this Zoning Ordinance the City hereby establishes a Single- Family District, which shall include the area of the entire City. Except as otherwise provided herein, no building, structure or premises shall be used, and no building or structure shall be erected, raised, move, reconstructed, enlarged or altered except in conformity with the regulations herein established.
(b) In a Class A Single-Family District, no building or structure shall be erected, altered or used to make provision for or accommodate more than one family for each acre of lot area, and no dwelling shall be erected on a lot in less than 125 feet.
(1978 Code Sec. 1260.01)
1139.02 PERMITTED USES.
In a Single-Family District, only the following uses of buildings, structures or premises are permitted:
(a) Single-family dwelling.
(b) Farming, noncommercial greenhouses, nursery, truck-garden.
(c) Buses or trailers shall not be considered a dwelling and shall not be permitted.
(1978 Code Sec. 1262.01)
1139.03 ACCESSORY USES.
The following accessory uses shall be permitted in a Single-Family District only at such time as the main building is actually built or construction thereof is in actual progress:
(a) Private garages, providing storage for not more than four motor vehicles for each family authorized by this Zoning ordinance to occupy the main building.
(b) The office of a surgeon, physician, dentist, clergyman, or other professional man residing in the main building.
(c) Any person carrying on a customary home occupation may do so in a Single- Family District if such dwelling is used by him as his private residence, provided that no persons other than members of his own family are employed in such occupations.
(d) Real estate signs aggregating not over twelve square feet in area, advertising only the sale, rental or lease of the building or premises on which they are maintained; signs not over two square feet in area, containing the name and address of an occupant of the premises or announcing the existence of an enterprise.
(e) Detached buildings for keeping poultry will be permitted on lots having at least 40,000 square feet and detached buildings for keeping livestock will be permitted on lots having an area of at least 80,000 square feet only if such poultry or livestock shall not constitute a nuisance.
(1978 Code Sec. 1262.02)
1139.04 AREA REGULATIONS.
In a Single-Family District no building or structure shall be erected, altered, moved onto any lot or used to make provision for or accommodate more than one family for each 15,000 square feet of lot area, except for separately owned lots with fifty foot fronts which are not contiguous with other such fifty foot lots that hare held by the same owner of record at the time of passage of this section.
(Ord. 36-1985. Passed 8-13-85.)
1139.05 LOT WIDTH.
In a Single-Family District no dwelling shall be erected on a lot having a width at the building line of less than 100 feet, except for separately owned lots with fifty feet fronts which are not contiguous with the other such fifty feet lots that are held by the same owner of record at the time of passage of this section.
(Ord. 38-1985. Passed 8-13-85.)
1139.06 SETBACK LINES.
(a) Building and setback lines are established as follows:
(1) The building lines set forth on the Zone Map are hereby established.
(2) In cases where no building or setback lines are set forth on the Zone Map, they shall be located as follows:
A. On a street frontage on each side of a street between two successive intersecting or joining streets but excluding the frontage along the side lines of the corner lots, the building line shall be a line parallel with the street line and distant therefrom thirty percent (30%) of the average or normal depth of the lots having front lines along such street but not more than fifty feet from such street line.
B. On a street frontage on either side of a street between two successive intersecting or joining streets, but excluding the frontage along the side lines of the corner lots, where twenty percent (20%) or more of such is improved with buildings, the alignment of existing buildings along such frontage shall be the building line.
C. On a corner lot the building line along each street shall be a line parallel to the street line and distant therefrom fifteen percent (15%) of the average depth of the next adjoining lot except as follows:
1. The building line shall be in no case more than twenty-five feet nor less than fifteen feet from the street line.
2. In corner lots, one street frontage of which, excluding turn-outs, is less than one-half of the other street frontage, the building line along the shorter frontage shall be a prolongation of the building line of the next adjoining lot, and parallel to the street line.
(b) Between the building line and the street no building or structure or portions thereof, extending above the established grade, or the natural grade where no established grade exists, may be erected except as otherwise provided in this Zoning Ordinance, and except as follows:
(1) Porches
(2) Cornices
(3) Steps
(4) Shrubs
(1978 Code Sec. 1262.05)
(5) Fences on front of property line to the rear of the house may not exceed thirty-six inches in height. Fences in the rear of house may not exceed forty-eight inches in height if chain link and seventy-two inches in height if constructed of wood and maintained the same as the dwelling. If such fences are not maintained the property owner will be notified that they shall be removed.
(Ord. 23-2001. Passed 10-23-01.)
1139.07 YARDS.
(a) In a Single-Family District for every building erected there shall be a side yard along each lot line other than a street line or rear line. Each dwelling shall be deemed a separate building and shall have side yards as prescribed. The least dimension of a side yard shall be not less than ten feet and at least twenty percent (20%) of the average width of the lot shall be devoted to side yards but not more than twenty-five feet need be so devoted. However, those lots within the City with only fifty feet frontage shall require at least eight feet to be devoted for a side yard. The side yards herein provided shall be open for their full required dimensions from the ground to the sky, unobstructed except for the ordinary projections of window sills, cornices and other ornamental features, to the extent of not over six inches, except that within five feet of the street wall a cornice may project not over three feet into such yard. A building and any accessory building erected on the same lot shall for the purpose of side yard requirements, be treated as a single building.
(b) In a Single-Family District ever main building erected shall have a rear yard extending the full width of the lot. The least dimension of such rear yard shall be at least twenty percent (20%) of the depth of the lot. The rear yards provided herein shall be open for their full required dimensions from the ground to the sky, unobstructed, except for the ordinary projections of window sills, belt courses, cornices and other ornamental features, or eaves, not more than two feet.
(Ord. 24-1987. Passed 12-8-87.)
1139.08 PERMITTED HEIGHTS.
In a Single-Family District no building or structure shall be erected to a height in excess of one and one-half stories or twenty-five feet.
(1978 Code Sec. 1262.07)
1139.09 STREET FRONTAGE OR EASEMENT ACCESS REQUIRED.
No building shall be constructed on any lot unless such lot has a frontage on a dedicated street or a legal right of way to a dedicated street.
(1978 Code Sec. 1262.08)
1141.01 ESTABLISHMENT.
The City hereby establishes a Class B Retail Business District.
(1978 Code Sec. 1272.01)
1141.02 PERMITTED USES.
The following uses shall be permitted in the Class B Retail Business District:
(a) All uses and accessory uses permitted in Single-Family Districts.
(b) All retail business uses such as stores, restaurants, taverns and business offices.
(c) Business signs advertising the business carried on in the building provided they are attached to the building.
(1978 Code Sec. 1272.02)
1141.03 PROHIBITED ACTS.
(a) No business shall be conducted in other than permanent buildings. Open air, outside markets and similar ways of conducting business are specifically prohibited.
(b) The storage or accumulation of garbage, rubbish or other waste material, on the outside of any building in anything other than tightly closed metal containers, is also specifically prohibited.
(1978 Code Sec. 1272.02)
1141.04 SETBACK; YARDS.
(a) Each business building or accessory building shall be located at least fifty feet from a public street.
(b) No business building which adjourns a residential district shall be erected within ten feet of such adjoining district.
(1978 code Sec. 1272.02)
1141.05 OFF-STREET PARKING.
(a) Each retail store or building shall have a parking lot on, or adjoining, its premises, which provides one off-street car parking space for each 150 square feet of floor space in the building which it serves.
(b) A parking space is an area of no less than 200 square feet abutting on a driveway having access to a public street.
(c) Parking lots and driveway shall be constructed on a compacted slag base not less than six inches in depth, smoothly surfaced, adequately drained, and shall be hard surfaced with a blacktop bituminous material not more than two years after the base is constructed.
(d) When a parking lot adjoins a residential district, it shall be effectively screened, so as to prevent annoying glare from car headlights.
(1978 Cod Sec. 1272.02)