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Richwood City Zoning Code

CHAPTER 1167

Adult Entertainment

1167.01 DEFINITIONS.

   A facility having a significant portion of its function as adult entertainment which includes the following listed categories:
   (a)    Adult Bookstore: An establishment having as a substantial or significant portion of its stock in trade, books, magazines, and other type periodicals which are distinguished or characterized by their emphasis on matter depicting or relating to “specified sexual activities” or “specified anatomical areas" as herein defined or an establishment with a segment or section devoted to the sale or display of such material.
   (b)    Adult Mini Motion Picture Theater: A facility with a capacity for less than fifty (50) persons, used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities” or "specified anatomical areas" for observation by patrons therein.
   (c)    Adult Motion Picture Theater: A facility with a capacity of fifty (50) or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities,” or "specified anatomical areas,” for observation by patrons therein.
   (d)    Adult Entertainment Business: Any establishment involved in the sale or services or products characterized by the exposure or presentation of “specified anatomical areas”, or physical contact of live males or females, and which is characterized by salacious conduct appealing to the purient interest for the observation or participation in by patrons. Services or products included within the scope of adult entertainment businesses are photography, dancing, reading, massage, and similar functions which utilize activities as specified above.

1167.02 ADULT ENTERTAINMENT FACILITIES USE.

   Adult entertainment facilities are conditionally permitted in the Highway and General Business District only, subject to the conditions set forth in the Zoning Resolution and Section 1167.03 set forth herein.

1167.03 CONDITIONS.

   (a)    No adult entertainment facility shall be established within one thousand (1,000) feet of any area zoned for residential use.
   (b)   No adult entertainment facility shall be established within a radius of one thousand five hundred (1,500) feet of any school, library, day care facility, or teaching facility, whether public or private, governmental or commercial, which school, library, day care facility, or teaching facility is attended by persons under the age of eighteen (18) years.
   (c)   No adult entertainment facility shall be established within a radius of one thousand five hundred (1,500) feet of any park or recreational facility, public or private, attended by persons under the age of eighteen (18) years.
   (d)   No adult entertainment facility shall be established within a radius of two thousand (2,000) feet of any other adult entertainment facility.
   (e)   No adult entertainment facility shall be established within a radius of one thousand five hundred (1,500) feet of any established church, synagogue, or permanently established place of religious services which is attended by persons under the age of eighteen (18) years.
   (f)   No advertisements, displays or other promotional materials shall be shown or exhibited so as to be visible to the public from pedestrian sidewalks or walkways, or from other areas public or semi-public.
   (g)   All building openings, entries, windows, etc. for adult uses shall be located, covered, or serviced in such a manner as to prevent a view into the interior of the business from any public or semi public area, sidewalk or street. For new construction, the building shall be oriented so as to minimize any possibility of viewing the interior from public or semi-public areas.
   (h)   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.
   (i)   Off street parking shall be provided in accordance with the standards set forth regarding business districts as provided herein.
   
TABLE 1: PERMITTED AND CONDITIONAL USES
 
District
Permitted Uses
(Accessory uses and essential services are included)
Conditional uses requiring Board or Commission approval (permitted upon issuance of a conditional use permit by the Board of Zoning Appeals.)
R-1 Low Density
Residential
Single-family dwelling; Public & Quasipublic uses; Family Care Homes;* Dwelling (Housing), Manufactured (Modular & Sectional Units)
 
Non-commercial Recreation; Home Occupation; Personal Services; Kennel
 
R-2 Medium Density Residential
Single-family dwelling; Public & Quasi-public uses; Family Care Homes;* Dwelling (Housing) Manufactured (Modular & Sectional Units)
Multi-family dwelling:* Non- commercial recreation; Home Occupation; Offices; Personal Services; Service Business; Kennel
R-3 High Density Residential
Single family dwellings;* Multi-family dwelling; Public & Quasi-public uses; Family Care Homes; Dwelling (Housing) Manufactured (Modular & Sectional Units)
Non-commercial recreation; Home Occupation; Group Homes; Kennel; Dwelling (Housing) Manufactured (Mobile Home) Park in Conformance with Ohio R.C. 3733.02
B-1 Service Business
Service business; Drive-In Business; Eating & Drinking Establishments; Commercial Recreation; Transient Lodgings; Shopping - type Retail; Supply Yards; Public & Quasipublic Uses; Personal Services
Offices; Single-family Dwellings;* Dwelling (Housing) manufactured (Modular & Sectional Units); Wholesale & Warehousing; Food Processing; Printing & publishing; Transport Terminals; Major Retail; Signs & Advertising Structures; Public Service Facility; Junk Storage & Sales;
Kennel
B-2 Local Business
Convenience-type Retail; Eating & Drinking Establishments; Personal Services; Offices; Public and Quasipublic Uses; Service Business
Shopping-type Retail; Commercial Recreation; Food Processing; Public Service Facility; Single-family dwelling;* Dwelling (Housing) Manufactured (Modular & Sectional Units); Light Manufacturing & directly related offices & retail sales; Kennel
 
 
B-3 Central Business District
Retail business (all types); Offices; Printing & Publishing; Eating & drinking Establishments; Transient Lodgings; Commercial Recreation; Service Business; Public & Quasipublic Uses; Single & Multi- family dwellings;* Dwelling (Housing) Manufactured (Modular & Sectional Units.
Drive-In Business; Food Processing; Public Service Facility; Light Manufacturing & directly related offices & retail sales; Kennel.
District
Permitted Uses
(Accessory uses and essential services are included)
Conditional uses requiring Board or Commission approval (permitted upon issuance of a conditional use permit by the Board of Zoning Appeals.)
M-1 Light Manufacturing
Light Manufacturing & directly related offices & retail sales; Printing & Publishing; Public and Quasi-public Uses.
Heavy Manufacturing & directly related Offices & retail sales; Wholesale & Warehousing; Food Processing; Transport Terminals; Signs & Advertising Structures; Public Service Facility; Single-family Dwellings;* Dwelling (Housing) Manufactured (Modular & Sectional Units)
M-1 Restricted
Restricted manufacturing; Printing & Publishing; Research and testing facilities; Offices; Public service facilities; Essential services; Accessory uses
Outdoor advertising; Food processing; Restaurants
M-2 General
Public service facilities; General manufacturing; Manufacturing, sales and storage of building materials; Transport and trucking terminals; Wholesale business; Warehouse; Grain elevators and feed mills; Essential services; Accessory uses
Restaurants; Outdoor Advertising; Junk storage and sales; Sand and gravel extraction; Agriculture; Oil and gas wells; Livestock auctions and sales
TABLE 2: BASIC YARD, AREA AND HEIGHT REQUIREMENTS FOR DWELLINGS
   District
Minimum Lot Size with On-Site Sewage treatment (Sq. Ft. Per household)
Minimum Lot Size with Group or Central Sewage Treatment (Sq. Ft. Per household)
Minimum Lot Size; Width (in feet)
Maximum Percentage of Lot to be Occupied (Principal and accessory buildings)
Minimum Floor Area (square feet)
Maximum Height of Principal Buildings (in feet)
   Maximum Height of (Principal) Buildings: Stories
R-1
10,800
80
25
1200
35
2.5
R-2
7,000
60
25
850
35
2.5
R-3
3,600
90
25
800
40
3
B-2
Service Business
10,000
60
40
None
40
3
B-2
Local Business
None
None
50
None
40
3
B-3
Central Business
None
None
100% less off- street loading requirement as stated herein
None
50
4
 
 
 
 
 
 
 
M-1 Light Manufacturing
15,000 sq. ft.
100
40
None
50
4
 
 
TABLE 3: BASIC YARD, AREA AND HEIGHT REQUIREMENTS FOR ALL BUILDINGS
District
Minimum Yard
Dimensions (feet)
Front Yard:
Minimum Yard
Dimensions (feet)
One Side Yard:
Minimum Yard
Dimensions (feet)
Sum of side yards
Minimum Yard
Dimensions (feet)
Rear Yard
Accessory Buildings Maximum Height (feet)
Accessory Buildings
Minimum Distance
(feet) to Side Lot Line
Accessory Buildings
Minimum Distance (feet) to Rear Lot Line * (Note see other columns)
R-1
350
8
20
40
20
5
10
R-2
25
4
10
30
15
2
5
R-3
25
10
25
30
15
5
10
B-1
40
None
None
30
20
None
None
B-2
30
None
None
20
15
None
None
B-3
None
None
None
None except when adjacent to R-District, then not less than 10 feet
25
None
None
M-1
50
10
30
40
25
5
10
   District
Minimum (Mandatory) Off- Street Parking Spaces
Minimum (Mandatory) Off- Street Loading Space
Signs Permitted
Other Provisions and Requirements (Supplementary regulations and prohibitions, notes, etc.)
Planned Unit Development Uses
R-1
Two spaces for each dwelling unit
None
See Zoning Code
R-3 High Density Residential District Regulations apply
Residential; Public & Quasi-public Uses Individually or in Combination
R-2
Two spaces for each dwelling unit
None
 
R-3 High Density Residential District Regulations Apply. Dwelling conversion permitted
Residential; commercial; Public & Quasi-public Uses Individually or in Combination
R-3
Two spaces for each dwelling unit
None
 
R-2 Medium Density; Residential District Regulations apply
Residential; Commercial; Public & Quasi-public Uses Individually or in Combination
B-1
One space for each 250 sq. ft. of retail or service floor area.
One for the first 5,000 sq. ft. of floor area or less and one additional for each additional 10,000 sq. ft. or fraction thereof, of ground floor area.
 
Non-residential use cannot be conducted closer than 25 feet to any residential district. Refer to R-2 District Regulations for single-family dwelling
Residential; Commercial; Industrial; Public & Quasi-public Uses Individually or in Combination
B-2
See Zoning Code
 
 
 
Residential; Commercial; Industrial; Public & Quasi-public Uses Individually or in Combination
B-3
One space for each 250 sq. ft. of retail or service floor area. See zoning code.
 
 
Multi-family dwelling permitted in downtown overhead business area with minimum sq. ft. as
1 BR = 500, 2 BR = 700, 3 BR =900. For other multi-family refer to R-3 regulations and for single family to R-2
Residential; Commercial; Public & Quasi-public Uses Individually or in Combination
M-1
One space for each two employees on the maximum work shift. See zoning code.
 
 
For single family dwelling, refer to R-2 district regulations. (**The rear lot line setback for accessory buildings placed on all “through lots” shall be the same number of feet as prescribed for Front Minimum Yard Dimensions (feet) as provided for each respective zoning district in the Official Schedule of District Regulations
Commercial; Industrial; Public & Quasi-public Uses Individually or in Combination
   CODIFIED ORDINANCES OF RICHWOOD