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Sandusky City Zoning Code

TITLE THREE

Zoning Districts and Regulations

1121.01 ESTABLISHMENT OF DISTRICTS.

   (a)   In order to carry out the purpose of this Zoning Code, the City is divided into the following districts:
Title
Abbreviation
(1)
Public Facilities
PF
(2)
Agricultural
Ag
Residential Districts
(3)
Suburban
RS
(4)
One-Family-75
R1-75
(5)
One-Family-60
R1-60
(6)
One-Family-50
R1-50
(7)
One-Family-40
R1-40
(8)
Two-Family
R2F
(9)
Multi-Family
RMF
(10)
Residential-Business
R-RB
Business Districts
(11)
Automobile Parking
P
(12)
Local Business
LB
(13)
Roadside Business
RB
(14)
General Business
GB
(15)
Downtown Business
DB
Commercial Districts
(16)
Commercial Recreation
CR
(17)
Commercial Amusement
CA
(18)
Commercial Services
CS
Manufacturing Districts
(19)
Limited Manufacturing
LM
(20)
General Manufacturing
GM
   (b)   Whenever abbreviated terms such as PF, RS, and R1-75 are used in the Zoning Code, they shall be construed as referring to their corresponding district titles.
(Ord. 04-057. Passed 1-12-04.)

1121.02 ESTABLISHMENT OF REGULATIONS.

   (a)   Any building and any tract of land may be used; and the use of any building and any tract of land may be changed or extended; and any existing building may be altered, converted, enlarged, reconstructed, moved, or maintained, for any use permitted or required by the regulations for the district in which the building or tract of land is located, or for the uses set forth in another district if specifically permitted in the district in which the building or tract of land is located, or for the uses set forth in another district if specifically permitted in the district in which the building or tract of land is located, and for no other use.
   (b)   The use, change, extension, alteration, conversion, enlargement, reconstruction, relocation, or maintenance shall be subject to all area, yard, height, and all other regulations set forth or referred to for the district in which the building or tract of land is located, and to all other applicable regulations of the Zoning Code.
(1980 Code 150.11)

1121.03 ESTABLISHMENT OF ZONE MAP.

   The aforesaid districts are designated by symbols, and the location and boundaries of the districts are established on a map entitled “Zone Map of the City of Sandusky” and the same being referred to as Zone Map No. 96-01. The Zone Map comprising five sections, a composite, and all notations, schedules, and other information shown thereon, and all amendments thereto are made a part of this Zoning Code, and it may be amended in the same manner as any other part of this Code.
(Ord. 96-056. Passed 2-12-96.)

1121.04 DISTRICT BOUNDARY LINES.

   The district boundary lines of the Zone Map enclose an area of a designated district, and generally follow the center lines of streets or alleys, lot lines, or their extension, provided, however:
(a)   Where a boundary line is shown by dimension or relationship as being located a specific distance from and parallel to a street line, this distance shall control, or
(b)   Where a boundary line is shown as adjoining a railroad, it shall, unless otherwise fixed, be construed to coincide with the nearest boundary line of the railroad right of way, or
(c)   Where a boundary line is shown along a shore line, it shall be construed to coincide with the pierhead line, except that where no pierhead line has been established, the shore line shall control. Any fill, accretion, or island outside of a shore or pierhead line shall, unless otherwise designated, be construed to be in the same zone as the nearest adjoining district, however,
(d)   Where a boundary line does not coincide with any of the aforesaid lines, and where it is not located by dimensions shown on the Map, it shall be determined by use of the scale appearing thereon. In cases of uncertainty, the Board of Zoning Appeals shall determine the exact location.
      (1980 Code 150.13)

1121.05 ZONING LOT DIVIDED BY DISTRICT BOUNDARY.

   Where any parcel is partly in one district and partly in another district with different regulations, the part of the zoning lot within each district shall conform to the regulations of that district. (1980 Code 150.14)

1121.06 ANNEXED TERRITORY.

   All territory which may hereafter be annexed to the City, if already zoned, shall be continued in its existing zone classification, unless thereafter amended in conformity with the procedures outlined in this Zoning Code. (1980 Code 150.15)

1121.07 BUILDING LINES.

   A building line, which is synonymous with a setback line, as defined in this chapter, may be established, or an existing one amended by making a proper notation thereof on the Zone Map, and the building line shall be the building line for the property involved and to which it applies. If there is a conflict between the building line established for a district and one properly noted on the Zone Map, the latter shall prevail. (1980 Code 150.16)
                                                                                                  

1123.01 INTENT.

   Public Facilities Districts and regulations are established in order to achieve, among others, the following purposes:
(a)   To provide governmental, civic, educational, religious, welfare, recreational, and transportation facilities in locations for the general safety, convenience, comfort, and welfare, and
(b)   To protect these public and semipublic facilities and institutions from the encroachment of other uses and to protect adjoining residential uses from injurious effects, and
(c)   To provide an environment for the proper functioning of public facilities in relation to a well-considered community plan. (1980 Code 151.01)

1123.02 USE REGULATIONS.

    Buildings and land shall be used, and buildings shall be designed, erected, altered, moved or maintained only for the following:
Schedule of Permitted Buildings and Uses for Public Facilities District
Main Buildings and Uses
Accessory Buildings and Uses
(a)
Governmental: municipal, county, state buildings, and uses for administrative functions.
Public parking areas or storage garage.
(b)
Civic: art galleries, libraries, museums, places for public assembly, memorials, monuments, cemeteries.
Parish houses and residences for custodians or guards.
(c)
Education: primary and secondary schools, colleges, universities (excluding business-colleges.)
Refreshment stands designed and located to attract primarily persons using the public facility.
(d)
Religious: churches, parochial schools.
Maintenance and heating facilities.
(e)
Welfare: general, mental, or special hospitals, health centers or clinics, nursing or convalescing homes, institutions for children and for the aged.
Bulletin boards as hereinafter regulated.
(f)
Recreational: public parks and play- grounds, public harbors, beaches, pools, and golf courses.
Recreational area in connection with schools.
(g)
Transportation: railroad and bus passenger stations, airports.
Airport hangars.
(1980 Code 151.02)
   

1123.03 AREA REGULATIONS.

   The minimum lot area for a public facility shall be not less than required to provide a proper site for the main and accessory buildings, off-street parking, and other accessory uses, and sufficient yards and open spaces to maintain the character of the neighborhood.
(1980 Code 151.03)

1123.04 YARD REGULATIONS.

   (a)   Front Yards. The front yards shall be not less than required for the street in which the district is located.
   (b)   Side and Rear Yards. The side and rear yards shall be determined for each development; however, in general, the yards shall be not less than:
 
Minimum Yard Side and Rear (ft.)
Maximum Coverage by Building
Civic and governmental
40
45%
Churches
50
40%
Educational (except nursery schools)
75
30%
Welfare - general hospitals, mental and special hospitals
200
25%
home for children and aged
50
40%
   (c)   Lighting. Floodlighting and other lighting of playfields, buildings, or parking areas shall be located and designed so as to shield the light source from adjoining residences.
   (d)   Driveways. Driveways and parking areas shall be located not less than 6 feet from a lot line of an abutting residence or other public facility. (1980 Code 151.04)
   (e)   Bulletin Boards and Announcement Signs. (EDITOR’S NOTE: Former subsection (e) was repealed by Ordinance 03-112, passed July 14, 2003. Sign regulations are now codified in new Chapter 1143.)

1123.05 HEIGHT REGULATIONS.

   Public and semipublic institutional buildings may be erected to a height not exceeding 60 feet, provided the yard shall be not less than the height of the building wall abutting on the yard, except that flagpoles, antennas, towers, and mechanical appurtenances located upon and designed in connection with the building may be erected above the height limit, but not to exceed 100 feet from the finished grade. (1980 Code 151.05)

1123.06 APPROVAL; DESIGN STANDARDS.

   Drawings of proposed public buildings and land uses shall be submitted to the Commission for review, and a public hearing may be held thereon. Drawings shall include a plan of the lot showing buildings on the same or adjoining lots, and preliminary site and building plans of the proposed developments. Standards for evaluating public facility developments shall be:
(a)   That the proposed building or use is properly located in relation to any adopted general plan including the vicinity, that it could not serve the neighborhood as satisfactorily if located elsewhere in a less restricted district;
(b)   That the proposed building or use is properly located in relation to any adopted thoroughfare plan or street patterns, preferably located on major or secondary streets (except schools on local streets) so as to generate a minimum of traffic on local streets;
(c)   That the location, design, and operation of the building or use will not adversely affect the surrounding residential neighborhood. After approval of preliminary design, final plans may be prepared, and they shall be submitted to the Commission, and a building permit shall not be issued until the development plans are approved by it. In addition to the above requirements, appropriate conditions, applying to the particular situation, may also be specified in the approval and permit.
      (1980 Code 151.06)
                                                                                                 

1125.01 INTENT.

    The Agricultural District and its regulations are established to preserve quality farmland in order to protect a nonrenewable resource and to encourage agricultural related operations.
(1980 Code 151.07)

1125.02 PERMITTED BUILDINGS AND USES.

   (a)   Main Buildings and Uses.
(1)   One-family dwelling, nonfarm related;
(2)   Farming: General agricultural uses which are not obnoxious to the public welfare including farm buildings, field crop gardening, nurseries, orchards, kennels, wineries, vineyards and fruit, vegetable, flower, wine and farm product sales outlets.
   
   (b)   Accessory Buildings and Uses.
   Accessory uses and buildings incidental to the above principal permitted uses may be permitted.
(1980 Code 151.07.1)

1125.03 AREA AND YARD REGULATIONS.

   (a)   The area for every parcel for an agricultural operation shall be not less than necessary to provide the required yards and off-street parking and not more than ten percent (10%) of the lot area shall be covered with buildings.
   (b)   The minimum lot size for a one-family dwelling which is nonfarm related shall be one acre with a minimum frontage of 100 feet.
   (c)   Agricultural use shall require a minimum lot area of five acres with a minimum
frontage of 400 feet.
   (d)   Front yard setback: There shall be a minimum setback of not less than sixty feet in depth unless shown otherwise on the Zone Map.
   (e)   Rear yard setback: There shall be a minimum setback of not less than 100 feet.
   (f)   Side yard setback: The setback of the total of the two side yards shall be a minimum of 100 feet with one side yard at least forty feet. (1980 Code 151.07.2)

1125.04 SIGNAGE.

   (EDITOR’S NOTE: Former Section 1125.04 was repealed by Ordinance 03-112, passed July 14, 2003. Sign regulations are now codified in new Chapter 1143.)
                                                                                                   

1129.01 INTENT.

    Residential districts and their regulations are established in order to achieve, among others, the following purposes:
(a)   Regulation of the bulk and location of buildings in relation to the land in order to obtain proper light, air, privacy, and usable open spaces on each zoning lot, as is appropriate for each district;
(b)   Protection from noxious fumes, odors, dust, excessive noises, invasion of abnormal vehicular traffic, and other objectionable influences;
(c)   Provision for the proper location of community facilities so as to increase the general convenience, safety, and amenities;
(d)   Regulation of the density and distribution of population in scale with community services, and to avoid further congestion;
(e)   Promotion of the most desirable and beneficial use of the land, promotion of stability, protection of the character of existing residential development, enhancement of land value, and conservation of the values of buildings, and bringing about the eventual conformity with a well-considered community plan. (1980 Code 151.10)

1129.02 USE REGULATIONS.

   Buildings and land shall be used, and buildings shall be designed, erected, altered, moved, or maintained in residential districts only for the uses set forth in the schedules and use regulations of the Zoning Code.
(a)   Main buildings and uses, set forth in Section 1129.03, shall be permitted as the principal building, use, or activity of a zoning lot located only in a district in which it is specifically permitted.
(b)   Conditional uses are certain types of main uses, so classified in the Zoning Code because of their uncommon characteristics, infrequency of occurrence, large land area requirements, or because they should not be permitted in certain locations as a right without special requirements. Such uses, because of their nature, require approval by the Commission as to the proper location in relation to adjacent developments and with respect to the entire community. Procedures for evaluating and approving conditional use permits are set forth and found in Sections 1123.06, 1129.05, and Chapter 1155.
(c)   Accessory buildings and uses set forth in Section 1129.03 shall be permitted as a subordinate building or for subordinate use, which is clearly incident to and located on the same zoning lot as the main building or use, and shall be located only in a district in which it is specifically permitted.
      (Ord. 08-038. P assed 4-28-08.)

1129.03 SCHEDULE OF PERMITTED BUILDINGS AND USES.

District
Main Buildings and Uses
Accessory Buildings and Uses
RS
One-family dwellings
Private garages or parking area; storage of boats
Public facilities as a conditional use: governmental, civic, educational, religious, welfare, recreational, and transportation as set forth in Section 1123.02.
Private garden and recreation uses, structures, pools, fences, walls.
Public utility substations as a conditional use.
Home offices, group A and home occupations, group A.
Renting of rooms, accessory living accommodations.
Accessory uses for public facilities, Section 1123.02.
Agricultural uses as set forth in Section 1129.06(f).
R1-75
Uses permitted in RS District.
Accessory uses permitted in RS District, except agricultural uses.
R1-60
Uses permitted in R1-75 District.
Accessory uses permitted in R1-75 District, and rental of one garage space.
R1-50
R1-40
Manufactured homes.
R2F
Uses permitted in RS District.
Accessory uses permitted in R1-60 District.
Two-family dwellings
Manufactured homes.
Home offices, group A & B, and home occupations, group A & B
Rooms for tourists.
Storage garages and parking areas accessory to two-family and multi-family dwellings.
RMF
Uses permitted in R2F District.
Accessory uses permitted in R2F District.
Apartments and row houses.
RRB
Uses permitted in RMF District.
Accessory uses permitted in RMF District.
All home offices and occupations.
Accessory (without fee) off-street parking areas.
Apartment hotels, rooming houses.
Stores and services as a conditional use:
Accessory uses clearly incident to the main uses.
Local retail stores to serve the immediate neighborhood to the following extent, for the sale of:
Confectionery drugs.
Delicatessen, baked goods, dairy products, groceries, fruits, meats, vegetables, excluding supermarkets.
Florists, gifts, periodicals, books.
Services to the following limited extent:
Beauty and barber shops.
Cabinet-making, locksmith, repair of appliances, radios, and televisions.
Dry cleaning or laundry agency, clothes pressing, shoe and hat repair.
Art school, music conservatory.
Business college, trade school.
Funeral homes.
(Ord. 03-112. Passed 7-14-03.)

1129.04 ADDITIONAL CONDITIONAL USES PERMITTED.

   Professional classifications such as accounting, architecture, art, engineering and law may be permitted in Residential Two-family, Residential Multi-Family and Residential-Business Districts as a conditional use in accordance with applicable procedures and standards set forth in Section 1109.10, after a public hearing by the Planning Commission.
(1980 Code 151.12.1)

1129.05 CONDITIONAL USES PERMITTED IN R-RB DISTRICTS.

   The main buildings and uses listed in Section 1129.03 may be permitted in a Residential- Business District, provided:
(a)   The proposed use shall be located on the same lot, on an adjoining lot, or not more than 75 feet from a lot which is occupied by a retail store or service permitted in an R-RB District or adjoining a nonconforming use;
(b)   The proposed use and all operations shall be within an enclosure, and shall not create any dust, noise, odors, glare, vibrations, or electrical disturbances that cannot be effectively confined to the lot;
(c)   The proposed use will not generate traffic and parking needs that will further congest the streets, or cause inconvenience to the opposite or adjoining premises;
(d)   All other applicable regulations of this Zoning Code are complied with, and a conditional use permit is approved.
      (1980 Code 151.13)

1129.06 ACCESSORY USES.

   (a)   Vehicles in Residential Districts.
(1)   Provision of parking facilities. Private or storage garages or open off-street parking areas are required for all residential types, in accordance with the standards set forth in Chapter 1149 .
(2)   Placement, parking, or storing of motor vehicles and trailers. The placement, parking, or storage of motor vehicles, trailers or other vehicles as defined in Chapter 301 of the Traffic Code shall be subject to the following restrictions on residentially zoned property:
A.   Vehicles or trailers of any kind without current license plates or current validation stickers on their rear license plates thereof or inoperable vehicles (i.e. vehicles unable to move under their own power) shall not be stored on residentially zoned property except in a completely enclosed garage or other completely enclosed permanent structure.
B.   Recreational vehicles including campers, motor homes, boats and boat trailers, personal watercraft and personal watercraft trailers, and buses converted for recreational use shall not be parked between the right of way and the front of the main structure on residentially zoned property. On corner lots, recreational vehicles shall also not be parked in the side yard adjacent to the right of way. A minimum setback of three feet in width shall be maintained between recreational vehicles and the lot line of any side yard or rear yard.
C.   Buses as defined in Chapter 301 shall not be parked, stored, or placed on residentially zoned property.
D.   Not more than one commercial vehicle as defined in Chapter 301 per dwelling unit may be parked on a residentially zoned property. No commercial vehicle having a net total weight of greater than 5,050 pounds shall be parked on a residentially zoned property.
E.   The selling of new, used or previously owned vehicles on residentially zoned property is permitted and subject to the following restrictions:
1.   The maximum number of vehicles for sale permitted during a twelve month period is four;
2.   Vehicles for sale must be titled to the current resident for the property upon which vehicles for sale are displayed;
3.   Only one vehicle for sale may be continuously displayed at any one time for a maximum duration of 14 calendar days;
4.   No vehicle displayed for sale shall be located on any landscaped area or within the legal right of way. Vehicles must be parked or stored in conformance with Chapter 351; and
5.   Vehicles on display for sale shall be properly licensed and operable.
(3)   Placement, parking or storing of construction equipment. The placement, parking, or storing of construction equipment including but not limited to road rollers, traction engines, power shovels, tractors, power cranes and other equipment used in construction work including those designed for or employed in general highway transportation, hole-digging machinery, well- drilling machinery, and ditch-digging machinery is not permitted on residentially zoned property except for the parking, placement or storage of construction equipment being used for the construction of a residential unit or permitted accessory building provided that a building permit has been issued for such a project and that the building permit has not expired.
(4)   Placement, parking or storing of farm machinery. The placement, parking, or storing of farm machinery including but not limited to trailers used to transport agricultural produce or agricultural production materials, threshing machinery, haybaling machinery, agricultural tractors, and machinery used in the production of horticultural, floricultural, agricultural and vegetable products is not permitted on residentially zoned property except for the parking, placement, or storage of farm machinery being utilized for the following agricultural uses: field crops, gardening, the raising of nursery stock, orchards, and vineyards and located on lots with a minimum area of two acres.
         (Ord: 96-057. Passed 2-12-96.)
   (b)   Home offices.
(1)   Group A home professions are classified as accounting, architecture, art, engineering, and law;
(2)   Group B home professions are classified as music and medicine;
(3)    Such home professions may be permitted in the homes of members practicing the profession in the residential districts as set forth in Section 1129.03, provided:
A.   Not more than one assistant, other than members of the resident family, work therein;
B.   The residential character of the dwelling exterior is not changed;
C.   No mechanical equipment is used which will create any dust, noise, odors, glare, vibrations, or electrical disturbances beyond the zoning lot;
D.   All automobiles used by clients can be parked in the driveway or along the street curb abutting the premise.
   (c)   Home Occupations.
(1)   Group A home occupations are classified as dressmakers, millinery, selling and taking orders for insurance, merchandise, real estate;
(2)   Group B home occupations are classified as home baking, home laundry, interior decorating, beauty shop; repairing furniture, radios, television; sharpening tools; printing; headquarters for plumbing, furnace, and painting work;
(3)   Members of a family residing within the dwelling may conduct the gainful home occupation as permitted in the residential districts as set forth in Section 1129.03, provided:
A.   Not more than one assistant, other than members of the resident family, work therein, the occupation is conducted wholly within a building, and does not occupy more than 25% of the area of the existing dwelling;
B.   No merchandise is sold or processed except that which is produced or incidental to the services rendered on the premises;
C.   No mechanical equipment is used which will create any dust, noise, odors, glare, vibrations, or electrical disturbances beyond the zoning lot;
D.   The residential character of the dwelling exterior is not changed;
E.   Trucks or other mobile equipment shall not be parked overnight in open yards, and all automobiles used by the customers can be parked in the driveway, or along the street curb abutting the premises.
   (d)   Renting of Rooms. The renting from a resident family of not more than 2 rooms to not more than 2 persons is permitted in residential districts, provided that:
(1)   No advertising signs are displayed;
(2)   The exterior character of the dwelling is not changed;
(3)   Off-street parking is provided as set forth in Chapter 1149.
   (e)   Tourists’ Rooms. The renting, from a resident family of not more than 3 rooms is permitted in residential districts on the lots abutting a state highway provided that:
(1)   The exterior character of the dwelling is not changed; and
(2)   Any advertising sign does not exceed 5 square feet and is located not less than 10 feet from any lot line; and
(3)   Off-street parking is provided as set forth in Chapter 1149.
   (f)   Agricultural Uses. The raising for use or sale of fruits, vegetables or nursery stock, and the keeping of dogs are permitted in residential districts, provided, that more than 4 dogs more than 3 months old may be kept only in structures or enclosures not less than 50 feet from any adjoining residential lot, and on a lot not less than 12,000 square feet in area.
(1980 Code 151.14)
    (g)    Transient Occupancy Overlay District. The renting from a resident family to other individuals for the purposes of transient occupancy is permitted within an approved Transient Occupancy Overlay District.
      (1)    Establishment of a Transient Occupancy Overlay District. 
         A.    Initiation of Change: Whenever deemed appropriate and in the interest of the general welfare of the city, the City Commission or Planning Commission may initiate a Transient Occupancy Overlay District. The overlay district shall be created to spur investment in a declining geographic area with the goal of increasing property values and maintenance of homes in areas that are close in proximity to commercial and retail areas.
B.   Action of Planning Commission: The Planning Commission shall hold a public hearing. The time, place, and purpose of the hearing shall be given by both of the following methods:
            1.    Publication at least once in a newspaper of general circulation in the City at least fifteen (15) days prior to the date of the hearing;
            2.    A printed notice, not less than ten (10) days prior to the date of the hearing, sent to the owners of all property as shown upon the records of the County Recorder within three hundred (300) feet of the area proposed to be changed; and
            3.    The Planning Commission shall forward their recommendation to the legislative body.
         C.    Action by the Legislative Body:
            1.    After the above recommendation is received, the City Commission shall set a date for a public hearing. In a newspaper of general circulation in the City, notice of the time and place of the meeting shall be given at least (30) days prior to the meeting. During the thirty (30) day period, the text or copy of the text of the ordinance, map of the proposed district boundaries and report submitted by the Planning Commission shall be on file, for public examination, in the office of the Clerk of the Planning Commission.
            2.    After the hearing, the legislative body may approve in whole or in part by majority vote of its entire membership the recommendation submitted by the Planning Commission. The legislative body may disapprove or modify the recommendations by Planning Commission by a vote of not less than three- fourths of its entire membership.
               (Ord. 23-080. Passed 3-27-23.)

1129.07 ADDITIONAL HOME OCCUPATIONS PERMITTED IN RESIDENTIAL SINGLE-FAMILY DISTRICTS.

   Certain Group B home occupations including but not limited to a beauty parlor, barber shop and other home occupation which generates little or no traffic in volumes greater than those which would be expected in a residential neighborhood may be permitted in Residential Single- Family Districts as a conditional use, if after a public hearing, the Planning Commission finds that the following standards shall be met:
(a)   No one other than one occupant of the residence shall work therein;
(b)   The occupation is conducted wholly within a building and does not occupy more than twenty-five percent (25%) of the area of the existing dwelling; for a beauty parlor or barber shop not more than one chair;
(c)   No merchandise is sold or processed except that which is produced or incidental to the service rendered on the premises;
(d)   No mechanical equipment is used which shall create any dust, noise, odors, glare, vibrations or electrical disturbances on adjacent properties or beyond;
(e)   The residential character of the dwelling exterior is not changed;
(f)   No traffic shall be generated by such home occupation in greater volumes than would be expected in the residential neighborhood;
(g)   Trucks or other mobile equipment other than private vehicles of the resident household shall not be used in the conduct of the home occupation; and
(h)   Parking regulations outlined in Chapter 1149 shall strictly be adhered to.
      (1980 Code 151.14.1)

1129.08 SIGNS; RESIDENTIAL DISTRICTS.

   (EDITOR’S NOTE: Former Section 1129.08 was repealed by Ordinance 03-112, passed July 14, 2003. Sign regulations are now codified in new Chapter 1143.)

1129.09 TEMPORARY LIVING SPACE.

   (a)   Temporary living spaces or those spaces used until the main dwelling is completed, and generally located in basements, garages, or nonstructures such as house trailers, shall not be permitted in any of the residential districts.
   (b)   A dwelling, however, may be temporarily occupied on or above the ground floor, provided:
(1)   The exterior of the dwelling is enclosed, excavations backfilled, and the yard rough graded;
(2)   The plumbing, heating, and electrical wiring is installed and safely enclosed;
(3)   The walls and ceiling of the occupied rooms are covered with the basic wall material;
(4)   A temporary certificate of occupancy is obtained for a period not to exceed 6 months.
         (1980 Code 151.16)

1129.10 TEMPORARY BUILDINGS.

   Temporary offices, storage, and other structures of contractors or builders are permitted in any of the residential districts, provided such uses are deemed necessary to the development of the premises, and provided a building permit has been obtained for the principal work. These structures shall be removed within 30 days after completion of work on the premises, or if construction is not pursued diligently. (1980 Code 151.17)

1129.11 REMOVAL OF SOIL.

   Soil, sand, or gravel shall not be stripped, or removed in a residential district, except excess soil, sand, or gravel resulting from excavations or grading in connection with the construction or alteration of a building, or the improvements of the grounds.
(1980 Code 151.18)

1129.12 ACCESS TO LESS RESTRICTIVE USES.

   Driveways, walks, or other accessways to any use which is not permitted in the district shall be prohibited.
(1980 Code 151.19)

1129.13 AREA, YARD, AND HEIGHT REGULATIONS.

   Land and buildings shall be used in accordance with the lot area regulations; and buildings shall be designed, erected, altered, moved, or maintained in accordance with the yard and building height regulations set forth in the following sections.
(a)   The area of a zoning lot shall be not less than the area in square feet required for each unit as set forth in the schedule in Section 1129.14, multiplied by the number of units in the building. In an RRB District, the minimum area per unit in the aforesaid schedule may include one dwelling unit with a retail store or service unit on the same lot.
(b)   The width of a zoning lot shall be not less than the width at building line as set forth in Section 1129.14, for the type of dwelling or other building permitted in the district in which the lot is located. Each zoning lot shall abut upon a street, and on curved streets, the width of a lot on the front line may be less but shall be at least 60% of the width required at the building line.
(c)   The front yard of a zoning lot shall be not less than the front depth set forth in Section 1129.14, for the type of dwelling or the building permitted in the district in which it is located, where less than 50% of the street frontage between 2 successive intersecting streets was built up prior to the effective date of the Zoning Code; except for the front yard setbacks on main streets and other locations that may be shown on the Zone Map. (1980 Code 151.20)
   (d)   (1)   Two side yards shall be provided for every dwelling and for the stores and services permitted on the zoning lot in an RRB District. The width of either side yard of a lot shall be not less than the width for a single yard, as set forth in Section 1129.14, and the width of both side yards shall be not less than the total width as set forth in Section 1129.14 for the district in which it is located; except that any side yard containing a driveway shall be not less than 10 feet wide, and the other side yard of the lot shall be not less than the minimum yard width designated.
      (Ord. 03-152. Passed 10-14-03.)
(2)   Supplementary regulations for side yards are: insufficient side yards, Section 1145.09; corner lots, Section 1145.10; unit development, Section 1145.11; and multifamily developments, Section 1145.12.
(e)   The rear yard of a zoning lot for main buildings shall be not less than 30% of the depth of lot or the depth set forth in Section 1129.14, for the district in which it is located, whichever is the lesser. The lot area occupied by a detached accessory building shall not exceed 30% of the area of the rear yard, and the accessory building shall be located in accord with yard regulations, as set forth in Section 1145.15 hereof.
(f)   The height of a main building permitted on a zoning lot shall not exceed the number of stories or height in feet, whichever is the lesser, as set forth in Section 1129.14, for the district in which it is located, except as modified in Section 1145.18. The height of permitted accessory buildings and store or service shops shall not exceed 1 story or 15 feet in height.
      (1980 Code 151.20)

1129.14 SCHEDULE OF AREA, YARD, AND HEIGHT REQUIREMENTS.

Minimum lot size
Minimumyard dimensions
Max. Height
Width at Front building depth line
Side Width
Rear
Depth
Main Building
District
Dwelling or building type
Area per unit (sq. ft.)
(ft.)
(ft.)
Single
(ft.)
Total
(ft.)
30% or (ft.)
Story
Ft.
RS
1 Fam.
Dw.
20,000
100
45
10
25
50
2
30
R1-75
1 Fam.
Dw.
12,000
75
35
5
15
50
2
30
R1-60
1 Fam.
Dw.
7,500
60
30
4
12
40
 
2
30
R1-50
1 Fam.
Dw.
6,000
50
30
3
11
40
2
30
R1-40
1 Fam.
Dw
4,800
40
25
3
10
40
2
30
R2F
1 Fam.
Dw.
2 Fam.
Dw.
4,300
 
2,750
 
33
 
40
 
25
 
25
3
 
3
10
 
10
 
40
 
40
2
 
2
30
 
30
RMF
1 Fam.
Dw.
2 Fam.
Dw.
Row
House
Apart-
ment
4,300
 
2,500
 
2,250
 
2,000
33
 
33
 
66
 
66
 
25
 
25
 
25
 
25
3
 
3
 
**
 
**
10
 
10
 
**
 
**
 
40
 
40
 
40
 
40
2
 
2
 
2
 
6
30
 
30
 
30
 
75
 
    Dwellings Same as for RMF above
RRB
Local Stores and Services
5,200
 
40
10
3
10
 
40
1
15
 
Funeral Homes
22,000
132
40
20
40
50
1
30
 
                                                                                              

1133.01 INTENT.

   Automobile Parking, Local Business, Roadside Business, General Business, and Downtown Business Districts and their regulations are established in order to achieve among others, the following purposes:
   (a)   To provide in appropriate and convenient districts, sufficient areas for business activities, and the exchange of goods and services;
   (b)   To provide automobile parking districts for expansion of off-street parking where needed, to provide a transitional use wherein open land uses would be more appropriate than building developments;
   (c)   To provide local business districts in close proximity, and serving the ordinary shopping needs of the immediate neighborhood;
   (d)   To provide roadside business districts to serve the motorist, and locations for drive-ins and other establishments, which are associated with large volumes of traffic;
   (e)   To provide general business districts which require larger storage space, are open in evenings, or generate large volumes of traffic, serving the extraordinary needs of the entire community;
   (f)   To protect adjacent residential developments by restricting the types of business uses, particularly at the common boundaries, which would create hazards, noise, odors, or other objectionable influences;
   (g)   To protect both residential and business developments from congestion by requiring off- street parking and loading facilities;
   (h)   To encourage the tendency of business to group in centers and with sufficient depth from the street to satisfy the needs of modern developments to the mutual advantage of customers and merchants; and
   (i)   To promote the most desirable land uses in accordance with a well-considered plan, to stabilize residential and business developments, and to enhance values.
      (Ord. 04-057. Passed 1-12-04.)

1133.02 USE REGULATIONS.

   Buildings and land shall be used, and buildings shall be designed, erected, altered, moved, or maintained in whole or in part in business districts only for the uses set forth in the following schedules and regulations. (Ord. 04-057. Passed 1-12-04.)

1133.03 PERMITTED BUILDINGS AND USES; AUTOMOBILE PARKING DISTRICT.

   (a)   Parking areas and accessways for passenger automobiles, and storage garages provided the areas:
      (1)   Are accessory and adjacent to two-family, multifamily, or business or commercial-manufacturing uses;
      (2)   A publicly owned parking lot;
      (3)   Are not used for selling, dead storage, repairing, or servicing vehicles of any kind.
   (b)   Dwellings, of the type permitted and as regulated in the least restrictive contiguous district.
(Ord. 04-057. Passed 1-12-04.)

1133.04 PERMITTED BUILDINGS AND USES; LOCAL BUSINESS DISTRICT.

(a)   Main Buildings and Uses.
      (1)   Dwellings, of the type permitted and as regulated in the least restrictive contiguous district;
      (2)   Retail stores and services conducted wholly within enclosed buildings, and devoted to supplying neighborhood needs to the following limited extent:
         A   The sale of baked goods, confectionery, groceries, meats, fruits, vegetables, and dairy products.
         B.   The sale, serving, and consumption of soft drinks, juices, ice cream, beer, and wine, at such places as lunchrooms and tea rooms;
         C.   The sale of drugs, gifts, antique and art goods, flowers, periodicals, musical instruments and supplies (provided no loudspeaker broadcasts onto the street), tobacco, and sporting and athletic goods;
         D.   The sale of tools, paint, seed, garden supplies, and household appliances;
         E.   Personal services, such as beauty and barber shops, laundry agencies, laundromats, shoe and hat repair, radio and television repair, interior decorating, tailor, pressing and dry cleaning shops in which only nonexplosive and nonflammable solvents are used, provided that not more than one pressing or cleaning machine shall be used, or not more than 2 persons are engaged in such work, and no work shall be done on the premises for retail outlets elsewhere;
         F.   Automotive service stations; the sale of gasoline and oil, and the parking of automobiles are permitted in open areas. Services are limited to lubrication and minor repairing services, and only where performed wholly within an enclosed building;
         G.   Principal offices for dentists, doctors, and similar professions, financial institutions, and principal offices of real estate and similar businesses.
      (3)   Brewpub.
   (b)   Similar Main Uses. Any other retail neighborhood store, shop, service, or office not listed above, or in any subsequent use classification, and determined as similar by the Commission according to standards set forth in Section 1109.11. Main uses set forth in the General Business District may be permitted in a Local Business District if a conditional use permit is granted.
   (c)   Accessory Buildings or Uses.
      (1)   Accessory off-street parking and loading facilities as required and as set forth in Chapter 1149;
      (2)   Any accessory use such as the storage of goods and processing operations clearly incident to the conduct of a retail business or personal service establishment permitted as main uses, provided such a use has no injurious effect on adjoining residential districts.
         (Ord. 15-201. Passed 12-28-15.)

1133.05 PERMITTED BUILDINGS AND USES; ROADSIDE BUSINESS DISTRICT.

   (a)   Main Buildings and Uses.
      (1)   All stores, services, dwellings, and other uses permitted in Local Business Districts;
      (2)   Additional retail business stores and services conducted wholly within enclosed buildings, or adjoining and operated in connection with an establishment in an enclosed building to the following extent:
         A.   The sale and serving of all beverages, and eating places of all types permitting dancing and live entertainment. Conditional use permits shall be obtained by places selling or serving alcoholic beverages, and by all drive-in establishments;
         B.   Motels, hotels; fraternal and social clubs, and labor union halls;
         C.   Automotive services, repair or service garages, and buildings for the sale of new and second-hand motor vehicles. The parking of vehicles with or without a fee, the sale of gasoline and oil, and the sale of motor vehicles may be permitted on an open lot, providing all requirements for front yards in the Business District as set forth in the Zoning Code are met;
         D.   The sale of boats and other marine supplies; motorcycles, bicycle shops; sports and athletic equipment; pet shops;
         E.   Amusement and recreational services, such as assembly and meeting halls, billiard halls, bowling alleys, dance halls, indoor theaters, skating rinks, and other social, sports, or recreation establishments, provided the services are conducted within a building, sufficiently sound-insulated to confine the noise to the premises;
         F.   Nursery stock, monuments, garden equipment, supplies, and garden furniture may be sold on an open lot, provided the operation is in connection with an established related business conducted within a building not more than 150 feet therefrom, and provided goods are not sold, displayed, or stored in a required yard;
      (3)   Microbrewery.
      (4)   Transient Occupancy.
   (b)   Similar Main Uses. Any other business store, shop, or service not listed above or in any subsequent use classification, and determined as similar by the Commission.
   (c)   Accessory Buildings or Uses.
      (1)   Accessory off-street parking and loading facilities as required and set forth in Chapter 1149;
      (2)   Any accessory use, such as the storage of goods and processing operations clearly incident to the conduct of a retail business or service establishment permitted as main uses, provided the use has no injurious effect on adjoining residential districts.
         (Ord. 23-080. Passed 3-27-23.)

1133.06 PERMITTED BUILDINGS AND USES; GENERAL BUSINESS DISTRICT.

(a)   Main Buildings and Uses.
      (1)   All stores, services, dwellings, and other uses permitted in Roadside Business Districts;
      (2)   Additional retail business stores and services conducted wholly within enclosed buildings, and devoted to supplying all community needs to the following extent:
         A.   The sale of all food; frozen food lockers; state liquor stores;
         B.   The sale of general merchandise; dry goods, wearing apparel, shoes, hats, variety, and department stores;
         C.   The sale of all hardware, appliances, china, furniture, floor and wall covering, business equipment, music, radios and televisions, provided no loudspeakers broadcast onto the street;
         D.   Shops for custom work, and all personal service establishments without limitation on the number of persons engaged in work, provided the services rendered and articles produced are to be sold only at retail, and only on the premises;
         E.   Photographic developing, blueprinting, letter and small job printing shops, medical and dental laboratories, radio and television broadcasting stations, transmittal towers, telephone exchanges, and transformer stations;
         F.   Railroad and bus passenger stations, taxi stations;
         G.   Offices such as banks, travel bureaus, public utility, insurance, and all types of business and professional offices;
         H.   Wholesale offices and showrooms.
      (3)   Multi-family residential.
   (b)   Similar Main Uses. Any other general business store, shop, or service not listed above or in any subsequent use classification and determined as similar by the Commission.
   (c)   Accessory Buildings or Uses.
      (1)   Accessory off-street parking and loading facilities as required and set forth in Chapter 1149;
      (2)   Any accessory use, such as the storage of goods or processing operations clearly incident to the conduct of a retail business, service establishment or office permitted as a main use, providing the use has no injurious effect on adjoining residential districts.
         (Ord. 23-203. Passed 10-9-23.)

1133.07 DOWNTOWN BUSINESS DISTRICT; INTENT.

   The purpose of this district is to allow for a variety of mixed uses including business, commercial, and residential. This district was created to specifically address downtown, water-related, residential and mixed-use activities. This district shall promote density of uses and the increase of tourism related activities in the downtown area in general. The goal of these regulations is to maintain continuity in the development of the land and implementation of the goals of the Port Development Plan, while preserving the character of downtown.
(Ord. 04-057. Passed 1-12-04.)

1133.08 PERMITTED BUILDINGS AND USES; DOWNTOWN BUSINESS DISTRICT.

   (a)   Main Buildings and Uses.
      (1)    Single, two and multi-family residential uses above the first floor.
      (2)   All stores and services permitted in the General Business District;
      (3)   Public uses as follows and as defined in Section 1123.02: governmental, civic, education, religious, recreational and transportation.
      (4)   Transient Occupancy.
   (b)   Similar Main Uses. Any other business, service or recreation activity not listed above or in any subsequent use classification and determined as similar by the Commission.
   (c)   Conditional Uses Permitted: Outdoor recreational facilities such as beaches, waterparks, amphitheaters, marinas, swimming pools, etc.
   (d)   Accessory Buildings or Uses:
      (1)   Accessory off-street parking and loading facilities as required and set forth in Chapter 1149;
      (2)   Any accessory use and building clearly incident to the conduct of a permitted main use, providing the use has no injurious effect on adjoining residential districts.
         (Ord. 23-080. Passed 3-27-23.)

1133.09 ARCADES.

   (a)   Definition. "Arcade" means any individual premises where five or more electronic, mechanical, or other such machines or devices for amusement are operated for gain or compensation for their owner, but does not include premises licensed by the Ohio Department of Liquor Control or a premises that is the location of a business subject to the City's hotel-motel tax.
   (b)   Permitted. Any language in this chapter to the contrary notwithstanding, an arcade shall be a permitted main or accessory use in only General Business or Commercial Amusement Districts. (Ord. 04-057. Passed 1-12-04.)

1133.10 AREA REGULATIONS; BUSINESS DISTRICTS.

   In Automobile Parking, Local Business, Roadside Business, General Business, and Downtown Business Districts, lot area requirements established for multifamily districts by this Zoning Code shall apply to the buildings used exclusively for dwelling purposes. Motels shall have a lot area of not less than 900 square feet per rental unit.
(Ord. 04-057. Passed 1-12-04.)

1133.11 YARD REGULATIONS; BUSINESS DISTRICTS.

   For every main or accessory building in business districts, the following minimum yards shall be provided:
   (a)   Dwellings. The yard requirements established by this Zoning Code for multifamily districts shall apply to the buildings used exclusively for dwelling purposes.
   (b)   Front Yards.
      (1)   Automobile Parking Districts. There shall be a setback of not less than 5 feet in depth for all uses unless shown otherwise on the Zone Map.
      (2)   Local Business and Roadside Business District. In a Local Business District, a unit development which abuts 75 feet or more on a street shall be set back at least 10 feet, a development which abuts less than 75 feet upon a street shall be set back to conform with adjacent buildings, unless shown otherwise on the Zone Map. In a Roadside Business District, a unit development which abuts 125 feet or more on a street shall be set back at least 25 feet, a development which abuts less than 125 feet on a street shall be set back to conform with adjacent buildings unless shown otherwise on the Zone Map. Front yards may be used for parking, but not within 5 feet of the front property line if the site plan showing the parking location is approved by the Commission.
(3)   General Business District, Downtown Business District. Buildings may be located on the front lot line, unless shown otherwise on the Zone Map. If a front yard is provided, it may be used for parking, but not within 5 feet of the front property line if the site plan showing the parking location is approved by the Commission.
(4)   All Business Districts.
         A.   If a business building is located on a lot abutting a side street and adjoins a residential district, the building or parking area shall have a setback from a side street line of not less than 5 feet, unless shown otherwise on the Zone Map, or determined otherwise by the Commission.
         B.   No structure shall be erected or merchandise displayed in front of a building line or closer than 5 feet to the street line if there is no building line, except that gasoline pumps constituting part of a service station or garage may be erected in front of a building line, but not less than 15 feet from a street lot line, provided all driveways, platforms, and curbs of the service stations are designed to service vehicles standing only within the premises.
         C.   Where parking is provided in front yards, a curb or other attractive barrier shall be erected to prevent vehicles projecting over an established setback line, and the front yards between the barrier and sidewalk shall be landscaped and maintained attractively.
   (c)   Side Yards. 
(1)   Local Business, Roadside Business, General Business Districts.
A.   Business buildings, when located on a lot adjoining a residential district, shall have a side yard of not less than 12 feet on the adjoining side; a wall or solid fence, approximately 5-1/2 feet high, may be required by the Commission on the side yard line of the business lot.
B.   Business buildings shall either have no side yard, or be located not less than 5 feet from the nearest business building.
(2)   Downtown Business District. Buildings when located on a lot adjoining a residentially zoned district, shall have a side yard of not less than fifteen (15) feet on the adjoining side. For every story above the first, an additional two (2) feet of setback shall be required. If the lot is not adjoining a residentially zoned district, the building shall not be closer than five (5) feet from the nearest building.
   Properties north of Shoreline Drive Extended:
A.   There shall be a minimum setback of thirty (30) feet between buildings. Setbacks between buildings located east to west shall maintain a clear and unobstructed view of the water from the street.
B.   There shall be a 400’ maximum building frontage parallel to waterfront.
   (d)   Rear Yards.
Local Business, Roadside Business, General Business, Downtown Business Districts.
Main and accessory business buildings shall have a rear yard of not less than 20 feet when adjoining a residential district. A wall or solid fence, approximately 5-1/2 feet high, may be required by the Commission on the rear yard line of a business lot adjoining a residential district. Properties north of Shoreline Drive Extended: buildings must maintain a 20’ setback from the water.
(Ord. 04-057. Passed 1-12-04.)

1133.12 HEIGHT REGULATIONS; ALL BUSINESS DISTRICTS.

   The height of any main or accessory building shall not exceed 2 stories or 35 feet, in Automobile Parking, Local or Roadside Business Districts, and not exceed 125 feet in General Business and Downtown Business Districts; except chimneys, church spires, flagpoles, radio towers, water tanks, and other permitted mechanical appurtenances located upon or designed in connection with the main building, may be erected above the height limit.
   Properties north of Shoreline Drive Extended: maximum height of 45' except that chimneys, flagpoles, towers, water tanks, and other mechanical appurtenances located upon or constructed in the connection with a building may be erected above maximum height specified; if a variance to the maximum height is granted, then for every 15 feet above the maximum, an additional 30’ of setback shall be required between buildings. The height shall be measured from the established street grade, as defined in Chapter 1107, to the highest point of the building.
(Ord. 04-057. Passed 1-12-04.)

1133.13 PLANNED SHOPPING CENTER. (REPEALED)

   (EDITOR’S NOTE: Former Section 1133.13 was repealed by Ordinance 08-038, passed April 28, 2008.)

1133.14 FENCE REGULATIONS.

   (a)   Fences in business districts shall be limited to a height of six feet and be of sturdy construction, of uniform design, painted and otherwise well maintained.
   (b)   Front yard corner lot: Fences and landscape features may be located within a triangle by lines drawn between points on the front line and the side lot line of a corner lot twenty- five feet from their intersection, providing the normal "sight lines" within a vertical height band of two and one-half feet to six feet above curb level are not substantially obstructed.
   (c)   The use of barbed wire on fences in the business district shall only be permitted with the approval of the Commission.
   (d)   Fences shall require a zoning permit prior to erection.
(Ord. 05-159. Passed 11-14-05.)
                                                                                               

1137.01 INTENT.

   Commercial Recreation, Commercial Amusement, and Commercial Service Districts and their regulations are established in order to achieve, among others, the following purposes:
(a)   To provide in appropriate and convenient districts sufficient areas for commercial activities, services, and distribution of goods to serve the community and promote employment;
(b)   To provide commercial recreational districts in appropriate locations to encourage the development of the waterfront and the recreational facilities of the community;
(c)   To provide commercial amusement districts in appropriate locations for amusement park activities;
(d)   To provide commercial service districts in appropriate and convenient areas for business and transportation services, and limited types of production;
(e)   To protect adjacent residential neighborhoods by restricting the types of uses in surrounding districts to only those not creating offensive or objectionable influences beyond their district boundaries;
(f)   To protect further the adjacent residential neighborhoods by separating and insulating them from the most intense commercial activity;
(g)   To promote the most desirable use of land in accordance with a well-considered plan, and to stabilize and enhance property values.
      (1980 Code 151.61)

1137.02 USE REGULATIONS.

   Buildings and land shall be used, and buildings shall be designed, erected, altered, moved, or maintained in whole or in part, in commercial districts only for the uses set forth in the following schedules and regulations. (1980 Code 151.62)

1137.03 PERMITTED BUILDINGS AND USES, COMMERCIAL RECREATION DISTRICTS.

   (a)   Main Buildings and Uses.
(1)   One- and two-family dwellings, boathouses, motels;
(2)   The following amusement establishments, whether open or enclosed:
A.   Beaches and swimming pools, with accessory bath houses and locker rooms;
B.   Manufacturing, rental, repair, and storage of boats, marinas; sale of live bait for fishing;
C.   Hunting and fishing clubs, shooting ranges;
D.   Arenas, auditoriums;
E.   Golf courses, driving ranges;
F.   Riding academies, stables, race tracks;
G.   Assembly and meeting halls, bowling alleys, dance halls, skating rinks.
H.   All retail stores, services and offices as permitted in General Business Districts.
I.   Transient Occupancy.
   (b)   Similar Main Uses. Any other recreational use not listed above or in any other use classification, and if determined as similar by the commission.
   (c)   Accessory Buildings or Uses.
(1)   Accessory off-street parking facilities as regulated and set forth in Chapter 1149;
(2)   Eating places, sales of equipment or accessories, living quarters, maintenance facilities for caretakers, and any accessory use customarily incident to a permitted main use, provided the use has no injurious effect on adjoining residential districts.
         (Ord. 23-080. Passed 3-27-23.)

1137.04 PERMITTED BUILDINGS AND USES, COMMERCIAL AMUSEMENT DISTRICT.

   (a)   Main Buildings and Uses.
(1)   All buildings and uses permitted in and as regulated in Commercial Recreation Districts; provided, however, that no residential units shall be constructed or maintained except as may be clearly secondary or incidental to the principal uses contemplated and permitted under this section;
(2)   The following amusement establishments, whether open or enclosed:
A.   Ferris wheels, roller coasters, whips, merry-go-rounds, and other similar open midway attractions;
B.   Freak shows, wax museums, dodgem scooters, and other semi- enclosed or enclosed midway attractions;
C.   Open booths with games of skill or chance, including shooting galleries, penny arcades;
D.   Public dance halls, skating rinks, indoor theaters;
(3)   The following businesses and services, open or enclosed:
A.   Hotels, motels, taverns, eating places; the sale, serving, and consumption of soft drinks and alcoholic beverages;
B.   The sale of foods, drugs, gifts, sports equipment.
      (4)   Transient Occupancy.
   (b)   Similar Main Uses. Any other amusement not listed above or in any other use classification, and determined as similar by the Commission.
   (c)   Accessory Buildings and Uses. 
(1)   Accessory off-street parking facilities as regulated and set forth in Chapter 1149;
(2)   Living quarters for caretakers, maintenance facilities, and other accessory uses customarily incident to a permitted main use, providing the uses have no injurious effect on adjoining residential districts.
         (Ord. 23-080. Passed 3-27-23.)

1137.05 PERMITTED MAIN BUILDINGS AND USES; COMMERCIAL SERVICES DISTRICT.

   (a)   Main Buildings and Uses.
(1)   All buildings and uses permitted in and as regulated in the Commercial Recreation District;
(2)   Wholesale businesses, services and storage establishments as follows:
A.   Cleaning establishments. Laundries, dyeing, carpet cleaning, dry cleaning, towel supply; auto-wash provided the waiting-line area is maintained entirely within premises;
B.   Food and drink preparation. Baking, cake ornaments, canning, dehydrating, freezing, grinding, mixing, pasteurizing, refining, and roasting processes, meat processing, ice manufacturing, bottling works, breweries, wineries;
C.   Laboratories; research, experimental, and testing;
D.   Print and publishing establishment, stationary products;
E.   Boat building and repair, fisheries, shipping docks;
F.   Poultry packing and dressing;
G.   Repair establishments for automotive motors, body and paint, tire vulcanizing, electrical and household appliances;
H.   Other shops. Contractors, carpentry, plumbing, heating, painting, glazing, ornamental iron, roofing and sheet metal, packing and crating;
I.   Warehouses, storage and wholesale establishments, freight yards and stations, excluding storage of explosive and flammable gases, solids, or liquids;
J.   Yards for storage of coal, lumber, and other building materials, monument works;
K.   Yards for public utility materials, equipment, and vehicles;
L.   Animal hospitals, veterinarians' offices, kennels, stables for horses;
M.   Commercial greenhouses.
(3)   Manufacturing uses, limited to the following products and processes.
A.   Advertising signs, sign painting;
B.   Awnings, blinds, shades, brushes, brooms;
C.   Cameras, clocks, jewelry, cutlery, kitchen utensils;
D.   Clothing and leather goods;
E.   Cosmetics and toiletries, compounding of pharmaceutical products;
F.   Electrical equipment. Fans, irons, toasters; radios, televisions, and other electronic equipment; assembly of lighting fixtures;
G.   Furniture, boxes, crates, patterns, and similar small wood products;
H.   Hand tools and hardware, dies and similar small metal products;
I.   Instruments and equipment for athletic, engineering, medical, musical purposes;
J.   Mattresses and upholstering;
K.   Metal finishing, grinding, plating, polishing, sharpening, welding;
L.   Assembly and fabrication of machine tools; processing and machining of castings; assembly, fabrication, machining, processing, painting, plating and rustproofing of metal and nonmetal parts and accessories, including screw machine parts.
(4)   Multi-family residences as a conditional use in structures listed on the National Register of Historic Places as published from time to time by the Secretary of the United States Department of the Interior.
   (b)   Similar Main Uses. Any other service, storage, or manufacturing establishment not listed above or in subsequent use classifications, and determined as similar by the Commission.
   (c)   Accessory Buildings or Uses.
(1)   Accessory off-street parking and loading facilities as regulated and set forth in Chapter 1149.
(2)   Any accessory use customarily incident to a permitted main use.
         (1980 Code 151.65)

1137.06 PERFORMANCE STANDARDS; COMMERCIAL SERVICES DISTRICT.

   Main and accessory buildings and uses enumerated in the Commercial Service District shall comply with the following performance standards as a condition precedent to their occupancy and use:
(a)   All service and manufacturing operations shall be conducted wholly within an enclosed structure, and all raw materials, fuel, machinery, and equipment, including trucks, used in the operations shall be enclosed within a structure or screened by a substantially solid wall or fence of such nature and height as to conceal all operations and materials therein from the view of any observer standing at the grade level at the nearest residential district line or a public street;
(b)   The storage, handling, and use of flammable liquids and gases shall comply with the relevant provisions of the state law. Storage of all other materials in yards or structures shall comply with all fire protective laws of the City, and all parts shall be accessible to firefighting equipment;
(c)   Solid waste resulting from all aforesaid operations shall be either disposed of, stored in buildings, or enclosed within a wall or fence;
(d)   Liquid wastes shall not be discharged into an open reservoir, stream, or other open body of water or sewer, unless treated so that the amount of solid substances, oils, grease, acids, alkalines, and other chemicals shall not exceed the amounts allowed by other codes of the City.
(e)   Noxious, toxic or corrosive fumes or gases, smoke, dust, or fly ash shall not be emitted which shall be injurious to the property, vegetation, or health of the people residing in any residential district; odorous gases or other odorous matter shall not be emitted in such quantities as to be offensive at the adjacent residential district line;
(f)   Glare or heat from any process shall not be visible at the nearest residential district.
(g)   Vibrations shall not be discernible to the human sense of feeling more than 2 minutes per hour at the nearest residential district;
(h)   (EDITOR'S NOTE: Former subsection (h) was repealed by Ordinance 03-089, passed April 14, 2003.)
(i)   Fences.
(1)   Fences in business districts shall be limited to a height of six feet and be of sturdy construction, of uniform design, painted and otherwise well maintained.
(2)   Front yard, corner lot: Fences and landscape features may be located within a triangle formed by lines drawn between points on the front lot line and the side lot line of a corner lot twenty-five feet from their intersection, providing the normal "sight lines" within a vertical height band of two and one-half feet to six feet above curb level are not substantially obstructed.
(3)   The use of barbed wire on fences in the Commercial District shall only be permitted with the approval of the Commission.
      (4)   Fences shall require a zoning permit prior to erection.
         (Ord. 05-159. Passed 11-14-05.)

1137.07 AREA REGULATIONS.

   (a)   Every main business, or commercial or manufacturing building in a commercial district shall be located on a lot not less than 66 feet wide, of sufficient area to provide the required yards and off-street parking, and not more than 50% of the lot area shall be covered with buildings.
   (b)   Provided, however, for a main business, or commercial or manufacturing building in a commercial district of which at least 75% was constructed prior to October 15, 1956, the Commission may by a conditional use permit allow the lot area covered by buildings to be increased to 65% if it determines that:
(1)   No additional land can be readily acquired to maintain a 50% yard area after the construction of additional buildings, and
(2)   The construction of additional buildings will not create additional fire, explosion, or other hazards, and
(3)   Every reasonable effort has been made by the applicant to create sufficient off-street parking, and loading and unloading facilities, or
(4)   The nature of the business conducted is such that coverage of area by buildings is great in comparison to the needed employee or customer parking or loading and unloading facilities, or
(5)   The nature of the business conducted is such that much of the storage of goods or vehicles is in buildings.
         (1980 Code 151.67)

1137.08 YARD REGULATIONS.

   For every main or accessory building in a commercial district, the following minimum yard shall be provided:
(a)   Front Yards. There shall be a setback of not less than 30 feet in depth, and on corner lots, the setback shall be not less than 10 feet on a secondary street, unless shown otherwise on the Zone Map.
(b)   Side and Rear Yards. Where side yards are provided, the total width of the 2 side yards on a lot or between buildings on adjacent lots shall be not less than 15 feet. Where a building in this district is located on a lot adjoining a side or rear lot line of a residential district, the yard shall be not less than 40 feet in width.
(c)   All Required Yards. The above required front, side, and rear yards may be used for off-street parking facilities, but not within 10 feet of a residential district line or street line, and a fence or landscaping may be required by the Commission.
   (1980 Code 151.68)

1137.09 HEIGHT REGULATIONS.

   The height of any main or accessory building in a commercial district shall not exceed 2 stories or 40 feet in height, except that chimneys, flagpoles, towers, water tanks, and other mechanical appurtenances located upon or constructed in connection with a building may be erected above maximum height specified.
(1980 Code 151.69)

1137.10 SIGN REGULATIONS.

   (EDITOR’S NOTE: Former Section 1137.10 was repealed by Ordinance 03-112, passed July 14, 2003. Sign regulations are now codified in new Chapter 1143.)
                                                                                                 

1139.01 INTENT.

   Limited Manufacturing and General Manufacturing Districts and their regulations are established in order to achieve, among others, the following purposes:
(a)   To provide in an appropriate and convenient district sufficient areas for manufacturing to promote employment and strengthen the economy of the community;
(b)   To provide limited manufacturing districts for those products and processes in which dust, smoke, fumes, glare, odors, or other objectionable influences can be controlled, and which normally require a large amount of motor vehicle trucking for transportation of their raw materials and finished products;
(c)   To provide general manufacturing districts for those products and processes which involve some dust, smoke, fumes, glare, odors, or other objectionable influences, but do not create any dangers to the health and safety of the surrounding neighborhoods, and which normally require access to rail or water for transportation, as well as motor truck routes;
(d)   To improve the general environment by prohibiting dwellings, institutions, and public facilities in manufacturing districts, and by the same act, make land more readily accessible for industry;
(e)   To protect adjacent residential districts by restricting the types of manufacturing uses in the surrounding areas to only those not creating objectionable influences beyond their district boundaries, by separating and insulating them from the most intense manufacturing activities;
(f)   To promote the most desirable use of land in accordance with a well-considered plan, and to stabilize and enhance property values.
      (1980 Code 151.71)

1139.02 USE REGULATIONS.

   Buildings and land shall be used, and buildings shall be designed, erected, altered, moved, or maintained, in whole or in part, in manufacturing districts only for the uses set forth in the following schedules and regulations.
(1980 Code 151.72)

1139.03 PERMITTED BUILDINGS AND USES; LIMITED MANUFACTURING DISTRICTS.

   (a)   Main Buildings and Uses.
(1)   Living accommodations for watchmen and other personnel required to live in close proximity to their operation and their families;
(2)   Retail stores and services as permitted in the General Business District;
(3)   Offices, research and development parks and facilities;
(4)   Wholesale business, services, and storage and manufacturing uses as permitted in Commercial Service Districts;
(5)   Manufacturing limited to the following products and processes:
A.   Aircraft and automobiles, trucks, trailers, motors, bodies, parts, supplies.
B.   Building materials. Sash, doors, insulation, wallboards, partitions, prefabricated house panels;
C.   Ceramic products. Pottery and glazed tiles; crayons;
D.   Chemicals. Blending and packaging of disinfectants, insecticides, fungicides, ink, detergents, and related household and industrial chemical compounds;
E.   Electrical supplies; miscellaneous manufacturing and assembly;
F.   Glass products from previously manufactured glass;
G.   Machinery and light equipment such as air conditioning, firearms, refrigerators, stoves, heaters, washing machines;
H.   Machine tools such as metal lathes, presses, stamping machines, woodworking machines;
I.   Metal alloys; miscellaneous products; brass, bronze, pewter, tin, lead;
J.   Metal processes. Cleaning, enameling, galvanizing, japanning, lacquering, heat treatment, rust-proofing;
K.   Metal products. Miscellaneous fabrication and assembly, cabinets, doors, fencing, furniture, small castings;
L.   Paper products. Shipping containers, boxes, crates, newsprint;
M.   Plastic products. Kitchenware, buttons, wallboards;
N.   Porcelain products. Kitchen and bathroom equipment;
O.   Rubber products. Gloves, footwear, bathing caps, tires, tubes, hose.
(6)   Storage, limited to the following establishments and products:
A.   Coal, and gas in tanks, in open yard;
B.   Scrap metal, paper, rags, within an enclosed structure;
C.   Materials used in, or goods produced by, permitted manufacturing uses in an enclosed structure.
(7)   Miscellaneous uses, as follows:
A.   Incinerators, sewage disposal plants;
B.   Sand and gravel pits, quarries;
C.   Trucking terminals, motor freight stations.
      (8)   Large brewery.
   (b)   Similar Main Uses. Any other manufacturing use not listed above or in subsequent use classifications and determined as similar by the Commission. Main uses set forth in the General Manufacturing District may be permitted in the Limited Manufacturing District if a conditional use permit is granted.
   (c)   Accessory Buildings or Uses. 
(1)   Accessory off-street parking and loading facilities as regulated and set forth in Chapter 1149.
(2)   Any accessory use customarily incident to a permitted main use.
         (Ord. 15-201. Passed 12-28-15.)

1139.04 CONDITIONAL USE PERMIT.

   (a)   Existing dwellings and accessory buildings in a manufacturing district may be expanded or improved by a conditional use permit, providing the dwellings and accessory buildings, when expanded or improved, are of the type permitted and as regulated in the least restrictive contiguous district, and otherwise comply with the terms and provisions of this Zoning Code.
   (b)   New dwellings and accessory buildings may be constructed on a vacant lot in a manufacturing district by a conditional use permit, providing the dwelling and accessory buildings are of the type permitted and as regulated in a Residential One-Family-40 District, including area and yard requirements, otherwise comply with the terms and provisions of this Zoning Code, and provided further that the lot for which a conditional use permit is sought is not further than one zoning lot away from a lot being devoted to residential use, or more than 50% of the lots on the same side of the street for a distance of 200 feet from it in either direction are devoted to residential use.
   (c)   In addition to other standards set forth in the Code, it must be also determined that the proposed expansion or improvement to an existing dwelling or accessory building, or the construction of a new dwelling or accessory building, will not unduly interfere with the assembly of land for industrial development.
(1980 Code 151.74)

1139.05 PERMITTED BUILDINGS AND USES; GENERAL MANUFACTURING DISTRICT.

   (a)   Main Buildings and Uses.
(1)   All main buildings and uses permitted in a Limited Manufacturing District;
(2)   Additional manufacturing limited to the following products and processes:
A.   Cement products. Concrete mixing and proportioning plants;
B.   Chemicals. Acetylene, acids, adhesives, aniline dyes, bleaching products, ammonia, carbide, caustic soda, cleaning and polishing preparations, gelatin, glue, size, exterminating agents, industrial alcohol, nitrates, potash, plastic materials and resins, rayon and other synthetic fibers;
C.   Clay products. Structural, brick, tile, pipe;
D.   Fertilizer;
E.   Flour, feed, grain; milling and processing;
F.   Glass manufacturing and large glass products;
G.   Graphite and graphite products;
H.   Leather; fur tanning, curing, finishing;
I.   Linoleum and oil cloth, asphalt tile;
J.   Machinery, heavy. Agricultural, constructional, electrical, mining;
K.   Metal castings and foundry products, including magnesium;
L.   Metal ores; reduction, refining, smelting, alloying;
M.   Paint, varnish;
N.   Petroleum products; refining;
O.   Rubber products; natural or synthetic, processing or manufacturing;
P.   Soaps, starch, detergents;
Q.   Stockyards, slaughterhouses, meat processing.
(3)   Storage, open or enclosed, limited to the following products and establishments:
A.   Dumps and slag piles;
B.   Grain elevators;
C.   Petroleum and petroleum products;
D.   Materials used in, or goods produced by, permitted manufacturing uses;
E.   Dead storage, wreaking, salvaging of vehicles, equipment, lumber, metals, or rubber, may be permitted in an open yard if all materials and operations are enclosed on all sides with a chain link or similar fence at least 6 feet high set back at least 40 feet from any public thoroughfare or adjoining residential district.
   (b)   Similar Uses. Any other manufacturing or storage use not listed above, and determined as similar by the Commission.
   (c)   Accessory Buildings and Uses.
(1)   Accessory off-street parking and loading facilities as regulated and set forth in Chapter 1149 ;
(2)   Any accessory use customarily incident to a permitted main use.
         (1980 Code 151.75.)

1139.06 PERFORMANCE STANDARDS.

   Main and accessory buildings and uses enumerated in a manufacturing district shall comply to the following performance standards, as a condition precedent to their occupancy and use:
(a)   All manufacturing operations shall be conducted within an enclosed structure, and all raw materials, fuel, machinery, and equipment shall be enclosed within a structure or by a chain link fence;
(b)   The storage, handling, and use of flammable liquids and gases shall comply with the relevant provisions of the state law. Storage of all other materials in yards or structures shall comply with all fire protection laws of the City, and all parts shall be accessible to firefighting equipment;
(c)   Liquid wastes shall not be discharged into an open reservoir, stream, or other open body of water or a sewer, unless treated so that the amount of solid substances, oils, grease, acids, alkalines, and other chemicals shall not exceed the amounts allowed by other laws of the City;
(d)   Noxious, toxic, or corrosive fumes, gases, smoke, dust, or fly ash shall not be emitted which shall be injurious to the property, vegetation, or health of the people residing in the nearest residential district; odorous gases or other odorous matter shall not be emitted in such quantities as to be offensive at the adjacent residential district line;
(e)   Glare and heat from any process shall not be visible at the nearest residential district line;
(f)   Vibrations shall not be discernible to the human sense of feeling more than 3 minutes during any hour at the nearest residential district line;
(g)   (EDITOR'S NOTE: Former subsection (g) was repealed by Ordinance 03-089, passed April 14, 2003.)
(h)   Flammable liquids and gases shall not be stored above ground in tanks if located less than 150 feet from the property line.
   (i)   (1)   Fences in manufacturing Districts shall be limited to a height of six feet and be of sturdy construction, of uniform design, painted and otherwise well maintained.
(2)   Front yard, corner lot: Fences and landscape features may be located within a triangle formed by lines drawn between points on the front line and the side lot line of a corner lot twenty-five feet from their intersection, providing the normal "sight lines" within a vertical height band of two and one-half feet to six feet above curb level are not substantially obstructed.
(3)   Barbed wire may be used on security fencing in manufacturing districts, but shall be limited to three strands; shall not project beyond the property line and may not be used less than six feet from grade. The use of razor ribbon on fencing and the use of barbed wire less than six feet above grade shall be permitted with approval of the Commission.
      (4)   Fences shall require a zoning permit prior to erection.
         (Ord. 05-159. Passed 11-14-05.)

1139.07 AREA REGULATIONS.

   (a)   The area for every parcel for a manufacturing operation shall be not less than necessary to provide the required yards and off-street parking, and not more than 50% of the lot area shall be covered with buildings.
   (b)   Provided, however, for a manufacturing operation of which at least 75% of the buildings were constructed prior to October 15, 1956, the Commission may by a conditional use permit allow the lot area covered by buildings to be increased to 65% if it determines that:
(1)   No additional land can be readily acquired to maintain a 50% yard area after the construction of additional buildings, and the construction of additional buildings will not create additional fire, explosion, or other hazards, and every reasonable effort has been made by the applicant to create sufficient off-street parking, and loading and unloading facilities, or
(2)   The nature of the manufacturing operation is such that coverage of the area by buildings is great in comparison to the needed employee or customer parking facilities, or loading and unloading facilities, or
(3)   The nature of the manufacturing operation is such that much of the storage of goods or vehicles is in buildings.
         (1980 Code 151.77)

1139.08 YARD REGULATIONS.

   For every main or accessory building, the following minimum yards shall be provided:
(a)   Front Yard. There shall be a setback of not less than 30 feet in depth, unless shown otherwise on the Zone Map;
(b)   Side and Rear Yards. There shall be a yard not less than 50 feet where a building adjoins a side or rear lot line of a residential district;
(c)   All Required Yards. The above front, side, and rear yards may be used for off-street parking, but not within 15 feet of a residential district line, and a fence or landscaping may be required by the Commission.
      (1980 Code 151.78)

1139.09 HEIGHT REGULATIONS.

   The height of buildings is not regulated in manufacturing districts. (1980 Code 151.79)

1139.10 SIGN REGULATIONS.

   (EDITOR’S NOTE: Former Section 1139.10 was repealed by Ordinance 03-112, passed July 14, 2003. Sign regulations are now codified in new Chapter 1143.)