Sebring City Zoning Code
TITLE SEVEN
Zoning Regulations
1141.01 DISTRICTS DESIGNATED.
In order to designate districts for the purpose of the Zoning Ordinance, the Municipality is divided into the following districts:
Residence Districts
Commercial Districts
Industrial Districts
Industrial Park Districts
(Ord. 48-2024. Passed 10-14-24.)
1141.02 BOUNDARIES; ZONE MAP.
The boundaries of such districts are established as shown upon the Map which is designated as the Building Zone Map which accompanies and is made a part of the Zoning Ordinance; and such Map and all notations, references and other information shown thereon shall be as much a part of the Zoning Ordinance as if the matters and information set forth by the Map were fully written and described herein. Except as hereinafter provided no building or structure shall be erected or altered, nor shall any building or premises be used for any purpose other than a use permitted in the district in which such building, structure or premises are located.
(Ord. 48-2024. Passed 10-14-24.)
1141.03 ZONING OF ANNEXED AREAS.
All areas annexed to the Municipality shall be zoned Residence Districts unless otherwise designated by Council. (Ord. 48-2024. Passed 10-14-24.)
1143.01 R1 PURPOSE.
The R1-Single-Family, Low-Density Residential District is created to provide for single- family residential uses at a density of not more than 5.8 dwelling units per gross acre. The minimum lot size required herein is based upon those conditions ordinarily existing in the Municipality at the time of adoption. All provisions contained herein are deemed just and necessary to the public health, safety and general welfare of the residents of the Municipality.
(Ord. 48-2024. Passed 10-14-24.)
1143.02 PERMITTED USES.
In an R1-District, the following are permitted:
(a) Single-family dwellings.
(b) Accessory buildings incidental to the principal use which does not include any activity conducted as a business.
(c) Public schools.
(d) Parks and Playgrounds.
(e) Churches.
(Ord. 48-2024. Passed 10-14-24.)
1143.03 CONDITIONALLY PERMITTED USES.
In an R1-District, the following uses shall be classed as conditionally permitted uses and may be permitted by the Planning Commission:
(a) Cemeteries
(b) Home occupation
(c) Professional office building or clinic for medical or dental purposes.
(d) Two-family dwelling (up and down; side by side) in dwellings existing at time of the passage of this Ordinance.
(e) Nursing homes, rest homes, convalescent homes, extended care centers, and any other place of similar nature for the diagnosis, treatment, or other care of the aged or infirm.
(f) Child care or adult day care facilities with more than seven (7) persons.
(g) Any other use deemed to be of a similar nature as those listed above by the Planning Commission.
(Ord. 48-2024. Passed 10-14-24.)
1143.04 NON-PERMITTED USES.
(a) Houses are not permitted to be used for storage and must be residential in nature.
(Ord. 48-2024. Passed 10-14-24.)
1143.05 ACCESSORY USES.
There shall be permitted accessory uses customarily incident to any of the permitted uses mentioned but not including the conduct of a business or industry or any driveway or walk giving access thereto.
(a) Private Garage. A private garage on the same lot, located not less than fifty feet from the front lot line, if a separate building, or in suitable room within or attached to the dwelling to which it is accessory and in which garage no business or industry is conducted. In case of a corner lot, no wall of the garage shall be nearer a street line than the side line of the main building and it shall also be as far from the street line as the line fixed by the Zoning Ordinance for building on adjoining lots or as near thereto as the width of the lot will permit.
(b) Garage Space. Garage space may be provided for two motor vehicles on any lot and garage space may be provided for each 2,500 square feet of area by which such lot area exceeds 5,000 square feet, but in any case not more than five motor vehicles shall be permitted. No part of any such garage shall be more than one story high nor shall any part of such building be used for residence purposes, except when such building is intended for use as a private garage with servant quarters therein, the building may be two stories in height but not exceeding twenty-five (25) feet.
(c) Professional Offices. The office or studio of a physician, dentist, musician or other like professional person may be located in the building used by such professional person as his residence, provided there is no display visible from the street, nor signboard used to advertise such use.
(d) Home Occupations. Customary home occupations such as millinery, dressmaking, or hairdressing, provided there is no display of goods visible from the street and no exterior advertising except as provided in the sign ordinance, and provided such occupation shall be carried on by a person only in the dwelling used by such person as his private residence and provided that such occupations shall not occupy more than one-third of the floor area of his residence or apartment. The taking of boarders or the rental of room without board, or the housing of persons by referral from any public agency does not constitute a home occupation under this section.
(e) Garage or shed, maximum height is twenty-five (25) feet with minimum setback five (5) feet from any lot line. Garages may only be used for storage of vehicles and minor upkeep of vehicles. Repairs to vehicles for a fee is strictly prohibited. Noise regulation will apply.
(f) Swimming Pools must be surrounded by eight (8) foot fencing with a locking gate. Setback of minimum five (5) feet from any lot line. Pools may not be drained in a manner that affects neighboring property.
(Ord. 48-2024. Passed 10-14-24.)
1143.06 BUILDING HEIGHT LIMIT.
No residential building shall hereafter be erected or structurally altered to a height exceeding two and one-half (2-1/2) stories or thirty-five feet (35 ft.) in height.
(Ord. 48-2024. Passed 10-14-24.)
1143.07 REQUIRED LOT AREA.
The lot area shall be not less than seven thousand five hundred square feet (7,500 sq. ft.) with a minimum lot width of fifty feet (50 ft.).
(Ord. 48-2024. Passed 10-14-24.)
1143.08 YARDS REQUIRED.
The following yard requirements shall apply to all yards in an R1- District:
(a) Front Yard: Thirty-five feet (35 ft.).
(b) Rear Yard: Forty feet (40 ft.).
(c) Side Yard: Not less than five feet (5 ft.) but the sum of two (2) side yards shall not be less than twelve feet (12 ft.).
(Ord. 48-2024. Passed 10-14-24.)
1143.09 PERCENTAGE OF LOT COVERAGE.
All buildings including accessory buildings shall not cover more than thirty percent (30%) of the area of the lot. (Ord. 48-2024. Passed 10-14-24.)
R-2 TWO-FAMILY, MEDIUM-DENSITY RESIDENTIAL DISTRICT
1143.10 PURPOSE.
The R2- Two-Family, Medium-Density Residential District is created to provide for single-family residential uses at a density of not more than 7.3 dwelling units per gross acre.
(Ord. 48-2024. Passed 10-14-24.)
1143.11 PERMITTED USES.
Within the R2 Residential District the following are permitted:
(a) A single-family dwelling.
(b) A two-family dwelling.
(c) Churches and other places of worship.
(d) Clubs, lodges, social and community center buildings.
(e) Public Schools, religious or philanthropic character.
(f) Municipal recreational buildings, playgrounds and parks.
(g) Congregate senior citizen housing, including apartment style housing units with shared recreation, dining and other common area facilities and separate single- and two-family dwellings under common ownership.
(Ord. 48-2024. Passed 10-14-24.)
1143.12 CONDITIONAL USES.
In an R2- District, the following uses shall be classed as conditionally permitted uses and may be permitted by the Planning Commission subject to the conditions noted:
(a) Home occupation.
(b) Professional office building or clinic for medical or dental purposes.
(c) Nursing homes, rest homes, convalescent homes, extended care centers, and any other place of similar nature for the diagnosis, treatment, or other care of the aged or infirm.
(d) Child care or adult day care facilities for more than seven (7) persons.
(e) Any other use deemed to be of a similar nature as those listed above by the Planning Commission. (Ord. 48-2024. Passed 10-14-24.)
1143.13 BUILDING HEIGHT LIMIT.
No residential building shall hereafter be erected or structurally altered to a height exceeding two and one-half stories (2-1/2) or thirty-five feet (35 ft.) in height measured from the grade to the ridge of the roof.
(Ord. 48-2024. Passed 10-14-24.)
1143.14 ACCESSORY USES.
There shall be permitted accessory uses customarily incident to any of the permitted uses mentioned but not including the conduct of a business or industry or any driveway or walk giving access thereto.
(a) Private Garage. A private garage on the same lot, located not less than fifty (50) feet from the front lot line, if a separate building, or in suitable room within or attached to the dwelling to which it is accessory and in which garage no business or industry is conducted. In case of a corner lot, no wall of the garage shall be nearer a street line than the side line of the main building and it shall also be as far from the street line as the line fixed by the Zoning Ordinance for building on adjoining lots or as near thereto as the width of the lot will permit.
(b) Garage Space. Garage space may be provided for two motor vehicles on any lot and garage space may be provided for each 2,500 square feet of area by which such lot area exceeds 5,000 square feet, but in any case not more than five motor vehicles shall be permitted. No part of any such garage shall be more than one story high nor shall any part of such building be used for residence purposes, except when such building is intended for use as a private garage with servant quarters therein, the building may be two stories in height but not exceeding twenty-five (25) feet.
(c) Professional Offices. The office or studio of a physician, dentist, musician or other like professional person may be located in the building used by such professional person as his residence, provided there is no display visible from the street, nor signboard used to advertise such use.
(d) Home Occupations. Customary home occupations such as millinery, dressmaking, or hairdressing, provided there is no display of goods visible from the street and no exterior advertising except as provided in the sign ordinance, and provided such occupation shall be carried on by a person only in the dwelling used by such person as his private residence and provided that such occupations shall not occupy more than one-third (1/3) of the floor area of his residence or apartment. The taking of boarders or the rental of room without board, or the housing of persons by referral from any public agency does not constitute a home occupation under this section.
(e) Garage or shed, maximum height is twenty-five (25) feet with minimum setback five (5) feet from any lot line. Garages may only be used for storage of vehicles and minor upkeep of vehicles. Repairs to vehicles for a fee is strictly prohibited. Noise regulation will apply.
(f) Swimming Pools must be surrounded by eight (8) foot fencing with a locking gate. Setback of minimum five (5) feet from any lot line. Pools may not be drained in a manner that affects neighboring property.
(Ord. 48-2024. Passed 10-14-24.)
1143.15 REQUIRED LOT AREA.
(a) Each single-family dwelling shall be located on a lot containing not less than seven thousand five hundred square feet (7500 sq. ft.) and a lot width of not less than fifty feet (50 ft.).
(b) Each two or three family dwelling shall be located on a lot containing not less than twelve thousand square feet (12,000 sq. ft.) in area and a lot width of not less than eighty feet (80 ft.). (Ord. 48-2024. Passed 10-14-24.)
1143.16 YARDS REQUIRED.
The following yard requirements shall apply to all yards in an R2- District:
(a) Front Yard: Thirty-five feet (35 ft.).
(b) Rear Yard: Forty feet (40 ft.).
(c) Side Yard: Not less than eight feet (8 ft.) but the sum of two (2) side yards shall not be less than twenty feet (20 ft).
(Ord. 48-2024. Passed 10-14-24.)
1143.17 PERCENTAGE OF LOT COVERAGE.
All buildings including accessory buildings shall not cover more than thirty percent (30%) of the area of the lot. (Ord. 48-2024. Passed 10-14-24.)
1143.18 ADDITIONAL REQUIREMENTS.
(a) Permitted Signs. Per sign ordinance.
(b) Off-Street Parking and Loading. The provisions of Chapter 1170 shall apply in this District. (Ord. 48-2024. Passed 10-14-24.)
1143.19 R3 MUTIPLE FAMILY RESIDENCE.
1143.20 PURPOSE.
The R3- Multiple-Family Residence District is created to provide for a variety of housing types to include garden apartments, townhouses, condominiums, or other housing facilities of a similar character and density and in those areas suitable for such developments within the Municipality. This District may be used only when public sewer and water services are available or when water and adequate sewage treatment plants are provided.
(Ord. 48-2024. Passed 10-14-24.)
1143.21 PERMITTED USES.
No land or building in the R3- District shall be used or structurally altered except for one (1) or more of the following uses:
(a) Two or Three-family dwellings.
(b) Multiple-family dwellings.
(c) Row Houses - single-family dwellings.
(d) Condominiums.
(e) Churches.
(f) Parks and Playgrounds.
(g) Accessory uses clearly incidental and customary to the operation of the above uses shall be permitted. (Ord. 48-2024. Passed 10-14-24.)
1143.22 CONDITIONALLY PERMITTED USES.
In an R3 District, the following uses shall be classed as conditionally permitted uses and may be permitted by the Planning Commission:
(a) Golf course and country club.
(b) Professional office building or clinic for medical or dental purposes.
(c) Child care or adult day care facilities with more than seven (7) persons.
(d) Any other use deemed to be of a similar nature as those listed above by the Planning Commission.
(Ord. 48-2024. Passed 10-14-24.)
1143.23 BUILDING HEIGHT LIMIT.
No building, hereafter erected or structurally altered, shall exceed a height of forty feet (40 ft.). (Ord. 48-2024. Passed 10-14-24.)
1143.24 ACCESSORY USES.
There shall be permitted accessory uses customarily incident to any of the permitted uses mentioned in but not including the conduct of a business or industry or any driveway or walk giving access thereto.
(a) Private Garage. A private garage on the same lot, located not less than fifty feet from the front lot line, if a separate building, or in suitable room within or attached to the dwelling to which it is accessory and in which garage no business or industry is conducted. In case of a corner lot, no wall of the garage shall be nearer a street line than the side line of the main building and it shall also be as far from the street line as the line fixed by the Zoning Ordinance for building on adjoining lots or as near thereto as the width of the lot will permit.
(b) Garage Space. Garage space may be provided for two motor vehicles on any lot and garage space may be provided for each 2,500 square feet of area by which such lot area exceeds 5,000 square feet, but in any case not more than five motor vehicles shall be permitted. No part of any such garage shall be more than one story high nor shall any part of such building be used for residence purposes, except when such building is intended for use as a private garage with servant quarters therein, the building may be two stories in height but not exceeding twenty-five (25) feet.
(c) Professional Offices. The office or studio of a physician, dentist, musician or other like professional person may be located in the building used by such professional person as his residence, provided there is no display visible from the street, nor signboard used to advertise such use.
(d) Home Occupations. Customary home occupations such as millinery, dressmaking, or hairdressing, provided there is no display of goods visible from the street and no exterior advertising except as provided in the sign ordinance and provided such occupation shall be carried on by a person only in the dwelling used by such person as his private residence and provided that such occupations shall not occupy more than one-third of the floor area of his residence or apartment. The taking of boarders or the rental of room without board, or the housing of persons by referral from any public agency does not constitute a home occupation under this section.
(e) Garage or shed, maximum height is twenty-five (25) feet with minimum setback five (5) feet from any lot line. Garages may only be used for storage of vehicles and minor upkeep of vehicles. Repairs to vehicles for a fee is strictly prohibited. Noise regulation will apply.
(f) Swimming Pools must be surrounded by eight (8) foot fencing with a locking gate. Setback of minimum five (5) feet from any lot line. Pools may not be drained in a manner that affects neighboring property.
(Ord. 48-2024. Passed 10-14-24.)
1143.25 EXCEPTIONS TO HEIGHT LIMITS.
The height limitations of this chapter shall not apply to church spires, belfries, cupolas and domes not intended for human occupancy; monuments, water towers, transmission towers, chimneys, smoke stacks, derricks, conveyors, flagpoles, radio/communication towers, masts, and aerials. Such uses shall be approved by the Zoning Board of Appeals.
(Ord. 48-2024. Passed 10-14-24.)
1143.26 REQUIRED MINIMUM LOT AREA AND LOT WIDTH.
Lot Area | Lot Width | |
Two-family dwelling | Ten thousand square feet (10,000 sq. ft.) | Eighty feet (80 ft.) (measured at the building setback line). |
Multiple-family (three or more units). | Four thousand five hundred square feet (4,500 sq. ft.) per unit | One hundred feet (100 ft.) (minimum per unit including the first three (3) units and two and one-half feet (2-1/2 ft.) for each additional unit). |
(Ord. 48-2024. Passed 10-14-24.)
1143.27 REQUIRED YARDS.
(a) Two-Family Dwelling.
(1) Front Yard: Thirty-five feet (35 ft.) (measured from the right-of-way line).
(2) Side Yard: Ten feet (10 ft.) (each side).
(3) Rear Yard: Forty feet (40 ft.).
(b) Multiple-Family Dwellings.
(1) Front Yard: Forty feet (40 ft.) (measured from the right-of-way side line).
(2) Side Yard: Equal to one-half (½) the height of the building but not less than ten feet (10 ft.).
(3) Rear Yard: Forty feet (40 ft.).
(Ord. 48-2024. Passed 10-14-24.)
1143.28 MINIMUM GROSS FLOOR AREA PER DWELLING UNIT.
(a) Within the MR-1 Multiple-Family Residential District, no building shall be erected, reconstructed or converted for use as a dwelling unless the following minimum gross floor area per dwelling unit is provided:
Area (sq. ft.) | |
Efficiency | 500 |
One (1) bedroom dwelling unit | 575 |
Two (2) bedroom dwelling unit | 750 |
Three (3) bedroom dwelling unit | 950 |
Four (4) or more bedroom dwelling unit | 1,500 |
(b) The exception to this requirement shall be in the case of a development which is confined strictly to senior citizens, (sixty-two [62] years of age or older), where the Planning Commission may allow a less stringent requirement if it is determined appropriate.
(Ord. 48-2024. Passed 10-14-24.)
1143.29 ACCESSORY STRUCTURES.
All accessory structures not attached to the principal structures shall be set back twenty feet (20 ft.) from the principal building and not less than five feet (5 ft.) from the side and/or rear lot lines. (Ord. 48-2024. Passed 10-14-24.)
1143.30 CORNER LOTS.
A corner lot shall have two (2) front yards, one (1) at each street adjoining the property with appropriate setbacks. (Ord. 48-2024. Passed 10-14-24.)
1143.31 PERCENTAGE OF LOT COVERAGE.
All buildings including accessory buildings shall not cover more than thirty percent (30%)
of the area of the lot. (Ord. 48-2024. Passed 10-14-24.)
1143.32 MINIMUM RECREATION SPACE.
A minimum of ten percent (10%) of the gross land area shall be usable recreation space. The recreation space shall be counted as a part of the required livable open space. Recreation areas shall be located a minimum distance of twenty feet (20 ft.) from all principal buildings.
The recreation space can include open space for both passive and active recreation. Passive recreation facilities might include common sitting areas in the form of sundecks or garden areas. Active recreation areas may include swimming pools, tennis courts, shuffleboard courts, playgrounds and play fields, or tot lots.
(Ord. 48-2024. Passed 10-14-24.)
1143.33 DISTANCE BETWEEN BUILDINGS ON THE SAME LOT.
No principal building shall be closer to any other principal building than the average of the heights of such buildings. (Ord. 48-2024. Passed 10-14-24.)
1143.34 REQUIRED COURT DIMENSIONS.
(a) Outer Courts. The width of any outer court shall be not less than the average height of the walls forming such court. The depth of an outer court formed by walls on three (3) sides shall be not greater than one and one-half (1-1/2) times the width.
(b) Inner Courts. The least dimension of an inner court shall be not less than forty feet (40 ft.). An open and unobstructed passageway shall be provided at the grade level of each inner court. Such passageway shall have a cross-section area and sufficient headroom to permit the passage of firefighting equipment and shall be continuous from the inner court to a yard or an unobstructed open area between buildings.
(Ord. 48-2024. Passed 10-14-24.)
1143.35 PERMITTED SIGNS.
The provisions of the Sign Ordinance shall apply in this District.
(Ord. 48-2024. Passed 10-14-24.)
1143.36 BUFFER YARDS.
No building shall be located closer than the height of the principal building from each side or rear property line which adjoins any other district line.
(Ord. 48-2024. Passed 10-14-24.)
1143.37 PARKING.
The provisions of Chapter 1170 shall apply in this district.
(Ord. 48-2024. Passed 10-14-24.)
1145.01 PURPOSE.
The purpose of the Planned Unit Development District (PUD) is to achieve, to the greatest possible degree, land development that is responsive to the natural and environmental assets and liabilities of a given site. The PUD provides an alternative zoning category that is intended to encourage imaginative design of development. The PUD should be a well-integrated development in terms of major design elements such as roads, drainage systems, utilities, and open space. The PUD allows greater design flexibility so that natural features may be protected and development concentrated in an innovative and efficient manner.
(Ord. 48-2024. Passed 10-14-24.)
1145.02 GENERAL REQUIREMENTS AND PUD DISTRICT DESIGNATION.
Subsequent to the approval of the Municipal Council, the designation of PUD may be applied to any existing zoning district, with the limitations described herein. There are two (2) types of PUDs:
(a) A PUD may be a predominantly residential development and, in which case, is referred to as a PUD-RS. A PUD-RS may only be applied to an existing residential district. The tract of land proposed to be developed as a PUD-RS must be owned, leased, or controlled by one (1) person or single entity and must be at least five (5) contiguous acres in size.
(b) A PUD may also be a mixed use development, referred to as a PUD-MX. A PUD- MX may be applied to any existing non-residential zoning district. The tract of land proposed to be developed as a PUD-MX must be owned, leased, or controlled by one (1) person or single entity and must be at least five (5) contiguous acres in size.
Upon the approval of the final development plan according to this chapter, the Official Municipal Zoning Map shall be amended to designate the property "PUD-RS" or "PUD-MX."
(Ord. 48-2024. Passed 10-14-24.)
1145.03 PERMITTED USES.
The permitted uses in both the PUD-RS and PUD-MX district are as set forth below:
(a) Permitted Uses - PUD-RS. An applicant may propose to include any mixture of permitted or conditional uses in any existing residential district. Additionally, an applicant may propose land uses which are allowed as a permitted use in the Commercial district, provided that not more than twenty-five percent (25%) of the net acres in the development is devoted to non-residential uses.
(b) Permitted Uses - PUD-MX. An applicant may propose to include any mixture of non-residential land uses in a proposed PUD-MX development, provided that at least sixty percent (60%) of the net acres in the development are devoted to uses permitted in the district(s) applying to the property at the time of application. If the subject property is being annexed into the municipality and no existing zoning district is applicable, any combination of non-residential land uses may be proposed. (Ord. 48-2024. Passed 10-14-24.)
1145.04 GENERAL DEVELOPMENT STANDARDS.
The following standards represent broad parameters under which all PUD developments must be designed:
(a) Central Water and Sewer Facilities. All structures in developments approved as a PUD must be served by central public water and sewer facilities. (No package waste water treatment plants or separate water supply systems, private or public.)
(b) Development Layout and Design. The design and layout of all PUDs shall display excellence in design by properly considering significant site features, such as topography, natural drainage patterns, roadway access and circulation, surrounding land uses, and general public welfare to result in desirable land development. Attractive landscaped buffers shall be provided between incompatible land uses and activities.
(c) Front, Side, and Rear Setback Standards for Perimeter Lots. All lots that are located along the perimeter of the PUD shall have minimum front, side and rear setbacks equal to those that would normally be specified in the zoning district prevailing at the time of application for PUD approval or twenty-five feet (25 ft.), whichever is greater.
(d) Parking. For all land uses located within the PUD, the parking standards contained in Chapter 1170 shall be applied.
(Ord. 48-2024. Passed 10-14-24.)
1145.05 RESIDENTIAL (PUD-RS) DEVELOPMENT STANDARDS.
In addition to the general development standards described above, residential PUDs shall meet the following development standards:
(a) Clustering Residential Development and Required Open Space. Clustering residential density is encouraged to provide required common open space. A minimum of twenty percent (20%) of the land developed for residential purposes in a PUD-RS project shall be reserved for common open space. This required amount of common space shall be established as common open space, under one ownership, and provision shall be established for maintenance and care. The legal articles relating to any organization of property owners in the development charged with such open space maintenance shall be submitted to the Municipality and publicly recorded with Lorain County Recording Office. The Municipal Council may require as a condition of final approval, any evidence deemed necessary to document that the required common space will remain in its stated condition as long as the development exists (including such as legal documents, deed restrictions, conservation easements, etc.).
(b) Clustering Residential Density. To achieve a clustering of residential density and to provide for the required common open space, the lot area requirements for residential land uses may be reduced from the densities required under the district(s) applying to the property at the time of application by up to twenty percent (20%). The lot width and yard requirements for residential lots may also be reduced as needed to accommodate a variety of structural patterns, clustering designs, and housing types.
(c) Residential Dwelling Types. Along with clustering residential density, a PUD-RS may include a mixture of dwelling types, including single-family detached dwellings, two-family units, row house units, and multiple-family units.
(Ord. 48-2024. Passed 10-14-24.)
1145.06 GENERAL PUD APPROVAL PROCEDURE.
The applicant for a PUD is encouraged to informally present conceptual plans to both the Planning Commission and Municipal Council for review prior to extensive engineering. Plans may include the proposal to phase construction of the PUD development. Property proposed to be developed as a PUD must be rezoned to PUD; and the decision to approve a final development plan and to rezone a property to PUD are done concurrently. The PUD review process must satisfy all of the applicable requirements.
(Ord. 48-2024. Passed 10-14-24.)
1145.07 FINAL PLAN.
The applicant for a PUD shall submit eight (8) copies of the proposed Final Plan to the Responsible Authority along with the required application fee.
(a) The final plan shall include the following:
(1) The specific description of permitted, conditionally permitted, and accessory uses to be allowed in each area of the development.
(2) A copy of proposed deed restrictions.
(3) The final plan shall be drawn to illustrate:
A. A survey and legal description of the proposed development site, showing dimensions and bearings of the property lines; area in acres, topography (at two foot [2 ft.], contour intervals); and existing features of the development site, including major wooded areas, streets, easements, utility lines, existing land uses.
B. The location and dimensions of all lots, setbacks, and building envelopes.
C. Conceptual drawings of sewer and water facilities, as well as street and drainage systems.
D. A table indicating acreage devoted to various development types.
(4) Landscaping plan for all buffers and other common areas.
(5) Architectural guidelines to apply throughout the development.
(6) The proposed names of all interior streets proposed for the development.
(7) Layout and dimensions of all parking and loading areas along with an indication of what they are to be built to serve.
(8) A description of the expected timing of the development with phasing.
(9) Development name.
In addition to the above, the Municipal Council may require additional information, including environmental impact studies and archaeological surveys prepared by appropriate professionals to document the impacts of the development and to address potential mitigation measures. The applicant shall be responsible for reasonable expenses incurred by the Municipality in reviewing final development plans. Such expenses are beyond application fees established by the Municipality and may include professional service fees such as legal expenses or fees from other professionals, such as engineers, landscape architects, planners, or environmental scientists incurred in connection with reviewing the plans submitted.
(b) Final Plan and Rezoning Approval Procedure Process. The decision to rezone land to PUD and to approve the final plan are accomplished concurrently. All PUD final plan submissions are deemed to be an application for amendment to the Zoning Code. All procedures (Planning Commission Review, public hearings and action by the Council), therein shall be followed in considering an application for a rezoning of the land in question to PUD. Upon approval of such plan and rezoning, the Municipal Zoning map shall be amended to designate the project area as "PUD-RS" or "PUD-MX." Thereafter, with the concurrent approval of the rezoning and final plan pursuant to the criteria stated in Section I, all development restrictions and conditions described in the final plan shall become official requirements of the PUD.
(c) Criteria of Approval - Final Plan. The Planning Commission and Municipal Council shall review the proposed Final Plan according to the following criteria:
(1) That the proposed document is in conformity with the goals and objectives of the master plan.
(2) That the proposed development advances the general health, safety, and morals of the Municipality.
(3) That the interior road system, proposed parking, and any off-site improvements are suitable and adequate to carry anticipated traffic generated by and within the proposed development.
(4) That any exception from standard district requirements can be warranted by design and other amenities incorporated in the final development plan according to these PUD requirements.
(5) That the area surrounding said development can be planned and zoned in coordination and substantial compatibility with the proposed development.
(6) That the existing and proposed utilities, including water and sewer service, and drainage plan will be adequate for the population densities and non- residential uses proposed in the PUD.
(Ord. 48-2024. Passed 10-14-24.)
1145.08 AMENDMENT (CHANGES).
After the final development plan has been approved by the Municipal Council, adjustments or rearrangements of buildings, parking areas, entrances, heights, or yards may be requested by the proponents. Minor changes, as defined herein, are allowed, provided such requests conform to the standards established by the final development plan and this Ordinance. A minor change shall require approval by the Planning Commission and shall include the following:
(a) Adjustments to the size and location of buildings, swimming pools, and other on- site structures provided:
(1) They do not result in an increase in the number of housing units approved in the final plan.
(2) They do not encroach into the established setback areas.
(3) They do not create a larger building mass either through an increase in their height or length that would magnify their effect on the adjoining areas.
(b) Alterations to the proposed drives and/or parking areas if they do not encroach into building areas or specified recreation areas.
(c) Adjustments in the size and location of development identification signs.
A major change is any change that does not meet the criteria above and, in addition, is one which would constitute a significant alteration in the basic plan design or result in a use different from those originally intended. A major change shall require submittal of a final plan as defined in that portion of the development proposed to undergo a major change.
(Ord. 48-2024. Passed 10-14-24.)
1147.01 PURPOSE.
The B-1 General Business District is created to provide retailing and personal services. This district is so designed to permit commercial development of permitted uses which will be limited only by standards set forth to protect the abutting districts.
(Ord. 48-2024. Passed 10-14-24.)
1147.02 PERMITTED USES.
The following uses are permitted in the B-1 General Business District:
(a) Animal hospital and veterinary office.
(b) Antique store.
(c) Automobile accessory store.
(d) Automobile, boat, manufactured/mobile home, or recreational vehicle sales.
(e) Bank and similar financial institutions (including drive-in).
(f) Bar, grill, cocktail lounge, and State liquor store.
(g) Bicycle rental, sales, and service.
(h) Signs, subject to the provisions of sign ordinance.
(i) Boat and sporting goods store.
(j) Bowling alley, provided the building used for such purpose is at least one hundred feet (100 ft.) from any residential district.
(k) Café.
(l) Car wash.
(m) Child care or adult day care facilities with more than seven (7) persons.
(n) Churches and other places of religious worship.
(o) Clinic, medical and dental.
(p) Club (swimming, Y.M.C.A., etc.), lodge.
(q) Convenience food store, with or without drive-in or drive-through facility.
(r) Discount store (variety, drugs, etc.).
(s) Bakery.
(t) Barber and Beauty salon.
(u) Drive-in ice cream store.
(v) Dry cleaning, custom and self-serve.
(w) Exterminator service.
(x) Farm, fruit, and produce stand.
(y) Farm implement sales.
(z) Florist.
(aa) Food and grocery store.
(bb) Food locker.
(cc) Garden and nursery center.
(dd) General service and repair establishment.
(ee) Gift, novelty, and souvenir store.
(ff) Hotel and motel.
(gg) Indoor commercial and non-commercial recreation facility.
(hh) Miniature golf course.
(ii) Monument works having a retail outlet on the premises (provided cutting is done in an enclosed building).
(jj) Laundry, custom and self-serve.
(kk) Medical and surgical hospital, and medical center.
(ll) Motorcycle sales and service.
(mm) Nursing home/congregate housing.
(nn) Off-street parking lots.
(oo) Pet store and pet supply store.
(pp) Printing shop having a sales office or retail outlet on the premises.
(qq) Private or non-profit club and lodge.
(rr) Public buildings to include but not limited to libraries, community centers, and government buildings.
(ss) Restaurants, with or without drive-in and drive-through facilities.
(tt) Studios of art, dance, photography, or music.
(uu) Supermarket, shopping center.
(vv) Theater and concert hall.
(ww) College and university, and other institutions of learning, adjacent dormitories, and adjacent play and recreational grounds or facilities.
(xx) Commercial Enterprises that fall within general parameters above uses.
(Ord. 48-2024. Passed 10-14-24.)
1147.03 CONDITIONALLY PERMITTED USES.
In the B-1 District, the following uses may be permitted as conditional uses by the Planning Commission.
(a) Adult bookstores, adult cabarets, and adult motion picture theaters
(b) Wireless telecommunication towers, wireless telecommunication facilities, and wireless telecommunication shelters.
(c) Service stations.
(d) Automobile repair garages.
(e) Automatic car wash stations.
(f) Veterinary hospital or kennels.
(g) Funeral homes.
(h) Any other use deemed to be of a similar nature as those listed above by the Planning Commission.
(Ord. 48-2024. Passed 10-14-24.)
1147.04 DEVELOPMENT STANDARDS.
The following provisions for this district are: Maximum height is forty (40) feet, front setback is thirty-five (35) feet, side yard twenty (20) feet, rear yard non required. Percentage of lot coverage fifty (50) feet. Existing commercial establishments shall be grandfathered as of the date of this code.
(Ord. 48-2024. Passed 10-14-24.)
1149.01 PURPOSE.
The intent of the Municipality in the creation of the I Institutional District is to encourage the development of institutional uses subject to certain minimum requirements necessary in the maintenance of the health, safety, and general welfare of the residents of the Municipality.
(Ord. 48-2024. Passed 10-14-24.)
1149.02 PERMITTED USES.
The following uses are permitted in the ID-1 Institutional Development District:
(a) Churches, chapels, converts, monasteries or other places of worship, and their adjacent residential dwellings.
(b) Medical and surgical hospitals, medical centers, clinics.
(c) Rest or convalescent homes, including homes for the aged or infirmed.
(d) Schools, colleges, universities, and other institutions of learning adjacent dormitories, and adjacent play and recreational grounds or facilities.
(e) Art galleries, museums, libraries, community centers, and government buildings; YMCA or YWCA
(f) Funeral homes
(g) Accessory uses and structures incidental to the above permitted uses.
(Ord. 48-2024. Passed 10-14-24.)
1151.01 PURPOSE.
The purpose of the I -1 Industrial District is to encourage development of manufacturing, wholesale, research & testing operations. These activities require reasonable access to arterial highways. They may have some open storage and service areas and generate traffic but shall be prohibited if they create nuisances' excessive noxious odors and noise.
(Ord. 48-2024. Passed 10-14-24.)
1151.02 PERMITTED USES.
Any of the following uses, or those of a similar nature, shall be permitted if conducted within an enclosed building or within an area enclosed on all sides with a solid wall or uniformly painted fence not less than eight feet high.
(a) Abrasives manufacturing; acoustical material manufacturing; agricultural implements manufacturing; air conditioning equipment (mass unit production); airplane manufacturing; aniline color or dye manufacturing; asbestos manufacturing; automobiles manufacturing.
(b) Acoustical material storage; advertising display manufacturing; agriculture; agricultural implements (repair and service); agricultural tillage (contractors); air express service warehouse; airplane (repair and storage); asbestos and asbestos products storage, asphalt siding, shingles, roofing storage; automobiles (assembly of bodies, sales-used parts and supplies- used - repair - brakes, electrical, painting, radiators, upholstery, etc., storage - dead warehouse).
(c) Bag cleaning, bag jobbers (burlap); bag manufacturing; balls and bearings manufacturing; barrel manufacturing; bathroom accessories manufacturing; beer (brewing); beet sugar manufacturing; belting manufacturing; blacksmith; bleacheries (cloth processing); bleaching compound manufacturing; bluing manufacturing; boat manufacturing; boilers manufacturing and repair; bottle manufacturing; bottlecaps and seals manufacturing; bottled gas (storage and distribution); box manufacturing; boxes, brake lining manufacturing; breweries; brick kilns; brushes manufacturing; burlap processing; business machines manufacturing; butane distributors; butter and cheese manufacturing; button manufacturing (metal, plastic); bottled gas manufacturing.
(d) Bakers and baked goods manufacturing; balls and bearing storage; barbecue (bulk preparation and sales); beer and ale distributor (wholesale) and storage; belting (repairing); beverages (bottling), beverages (wholesale and storage); bicycles (repair); biscuit companies (manufacturing); biscuits (wholesale and storage); boat (pleasure, storage); boilers (storage); bookbinders, book publishing (printing); bottles (wholesale); boxes (sales); braces (orthopedic, manufacturing); brick storage yards; brooms (manufacturing), building contractors (equipment and material storage); burglar alarm system (installation); bus line shops (garage, repair); business machines (manufacturing, repair service, storage and wholesale); button covering (fabrics).
(e) Cabinetmakers, candy (wholesale distribution); canvas goods (fabrication); carpenter's shops and power woodworking; carpet and rug cleaners and storage; carpets and rugs (warehouse); carpets and rugs (wholesale); cement, cement products manufacturing (pipe, blocks, etc.) cement storage; cesspool builders and service equipment yard; chemicals and drugs storage and distribution; cigarette manufacture, cigarette service; cigarette manufacturing (machine rolled); cigars (wholesale and storage); cleaning compounds storage; cleaning and dyeing processing; clock factory; clothing manufacturing; coffee (wholesale and storage); coin machines manufacturing, coin machines (rental and service); cold storage; concrete contractors (storage yards); concrete products (pipe, beams manufacturing); concrete products (storage); concrete transit mixed; confectioners (wholesale); contractors equipment and supplies (storage); corsets and brassieres manufacturing; cotton seed products (storage); cranes (storage yard); crop dusting equipment yards.
(f) Candy manufacturing; candle manufacturing; cannery; canvas manufacturing; car manufacturing (railroads); carbide sales and distribution; carpet manufacturing; carriage and wagon manufacturing; carton manufacturing; casein manufacturing; cash registers manufacturing; caskets; cast iron pipe manufacturing; cattle feed lots; chalk manufacturing; charcoal manufacturing and pulverizing; cheese manufacturing; chocolate and cocoa products manufacturing; cider and vinegar manufacturing; clay products manufacturing; cleaning compounds manufacturing; cloth, weaving and spinning; coal and coke yards; coffee roasting; coke over manufacturing; concrete (bulk) manufacturing; condensed milk manufacturing; confectioners manufacturing; container paper manufacturing; cordage mill; cosmetics manufacturing; cotton seed products manufacturing; cotton spinning and weaving; crockery manufacturing.
(g) Dairies (distributing, commercial); dairies (pasteurization, commercial); decoration (workshop and equipment yard); department store warehouses; desks manufacturing; diaper supply service; diesel engines service, equipment and supplies (not manufacturing); disinfectants (storage and wholesale); display designers and builders shops; distillers (distribution, warehouse); doors, sash and trim, wood manufacturing; draperies manufacturing; drilling company equipment yards; drugs (wholesale storage); dry cleaning establishment (bulk processing); dry goods (wholesale or storage). Dairy equipment and supplies manufacturing; dairy products manufacturing; diesel engines manufacturing; distillers; doors manufacturing; drugs manufacturing; dyeing (commercial bulk); dyestuffs manufacturing.
(h) Eggs (storage and processing); electric contractors shops; electric equipment assembly; electric plating; electric refrigeration lockers; electrical appliances manufacturing; electrical appliances repairs; enameling and painting (custom); engravers and electroplaters; express companies warehouses; exterminating and fumigating (commercial shops).
(i) Electric equipment manufacturing (casting and molding); elevators (grain); elevators manufacturing; emery cloth and sandpaper manufacturing; enameling and painting (bulk production); engine manufacturing; envelope manufacturing; excelsior manufacturing, storing and distribution, bulk; extrusion of metal.
(j) Fabrics (weaving and spinning); feed (grains, manufacturing and processing); felt (building insulation manufacturing); felt (fabric manufacturing); fences (metal, fabrication and manufacturing); fire brick (manufacturing); fire clay products manufacturing; fireproofing manufacturing; floor materials (linoleums) manufacturing; floor polish and wax manufacturing; flour and grain (storage and elevators); flour mills; furniture (bulk manufacturing, metal, wood).
(k) Gas tanks (illuminating); glass blowing (bulk processing); glass manufacturing (window and plate); glucose manufacturing; grain elevators; graphite manufacturing; gums (wholesale processing); gutta percha manufacturing.
(l) Hair products factory, hat manufacturing; heavy castings manufacturing; horseradish manufacturing; hose manufacturing; ice manufacturing; industrial truck body manufacturing; insulation material manufacturing; iron foundry; shellacking works; kerosene manufacturing or storage; kindling factory.
(m) Machine tools manufacturing; malleable casting manufacturing; malt extracts manufacturing; marble (quarry processing); matches manufacturing (wholesale and storage); mattresses manufacturing; metals (heavy casting) metal polish manufacturing; mills (flour and grain); mill work (woodworking) manufacturing; mirrors (bulk manufacturing); molasses manufacturing; monuments manufacturing.
(n) Office equipment manufacturing (see also business machines); office furniture (storage and warehouse); oil burners (installation and repair); optical goods manufacturing; ornamental metal work (custom hand fabrication); orthopedic appliances manufacturing; overall manufacturing.
(o) Packing, crating service fabrication; painters equipment and supplies (shops, wholesale and storage); paper storage; paper products (wholesale and storage); pattern shop; paving contractors equipment and storage; paving materials storage yard; photo engraving company; pickles (processed, wholesale and storage); pipe (used, storage and sales), pipe coverings contractors shops; pipe fittings (storage and wholesale); pipe (concrete, manufacturing and storage), pipe (metal storage); plasterer (wholesale and storage); plating works (precious metals); plumbers shops, plumbing fixtures and supplies (wholesale and storage); popcorn manufacturing; potato chips manufacturing; poultry supplies (wholesale and storage); printers equipment and supplies; wholesale produce (garden); wholesale produce (warehouse); pumps (repairing and rental); printer.
(p) Scaffolds (equipment and storage); scales (commercial weighing); school equipment and supplies (wholesale); screens, doors and windows manufacturing; screw and bolt manufacturing; seed (wholesale and retail garden supplies); septic tanks (contractors, construction); service station equipment (wholesale); sewer pipe storage; sheet metal work (custom fabrication); shirt factory; shoe repairing equipment and supplies (wholesale); shoe manufacturing; sign erectors (contractors shops); sign painters shops; sign maintenance service shops; signs (neon and metal fabrication); skylights (custom manufacturing); slip covers (custom manufacturing); soaps (wholesale and storage); sporting goods manufacturing; soda water manufacturing; specialties (see coin machines); spices (wholesale and storage); spraying supplies equipment yard; springs (replacement and repairs); stair builders (wood); steel awnings (custom manufacturing); steel erectors equipment yards; steel fabricators (light sections); storage warehouse; storage shops, store and office fixtures (contractors shops); stoves and ranges (wholesale and storage); surgical supplies (wholesale distributors).
(q) Laboratories (commercial, analytical, experimental and research); ladies ware manufacturing; laundries (processing); laundry equipment and supplies storage; leather goods (manufacturing, fabrication); limb manufacturing (artificial); lime storage; linen supply laundry service; linoleum storage; liquor (storage and wholesale); lithographers; livestock (supplies, storage and wholesale); locksmiths repair shops; loft buildings; lubrication compounds (storage); lumber (cabinet workings); lumber storage yard; lumber (used and wholesale).
(r) Machines shops, machine tools (storage); machinery rental; machinery (used, storage); markets (exchanges of goods); meat (storage and wholesale); men's clothing manufacturing; metals, processing, light fabrication from standard shapes; machine shop operations, plating, custom and replating, products fabrication and assembly; meters manufacturing; milk bottling plant (other than farm); milliners (wholesale and manufacturing); millinery and artificial flower making; mill work (sale and storage); mineral water (distillation and bottling); mining machinery (wholesale storage); mirrors (resilvering, custom work); model construction supplies and manufacturing; mortar (bulk preparation and sales); motion picture equipment (storage and manufacturing); motion picture studios; motor freight company warehouses; motorcycles (repairing and sales); movers (warehouses).
(s) Wall board (wholesale and storage); wallpaper manufacturing; warehouses; watches manufacturing; water (distilled, processing); water (mineral, drinking or curative, bottling and distribution); water coolers (drinking fountains, repair and service); water heaters (service and repairing); water softening equipment (service and repairing); water supply systems (contractors shops); waterproofing (material, storage); weighers (commercial); welding (commercial); welding (equipment and supplies storage); well drilling (equipment yard); wholesale produce storage or market; commercial winches (equipment rentals); window display (installations, studio and shops); wines (storage, bottling and wholesale); wood (storage yard); woodworking (cabinet and custom millwork); woodworking (equipment, wholesale); woven goods (fabrication and assembly).
(Ord. 48-2024. Passed 10-14-24.)
1151.03 CONDITIONALLY PERMITTED USES.
In the I-1 Industrial District, the following uses may be permitted as conditional uses by the Planning Commission.
(a) Salvage Yards:
(1) All outdoor storage areas shall be screened or fenced with a solid fence at least eight feet in height. Such fence shall be maintained in sound condition, painted and presenting a neat and inconspicuous appearance. In addition, the use of trees and shrubs shall be encouraged to enhance the outward appearance of the enclosed area. Storage between the street and such fence is strictly prohibited.
(2) All outside salvage or stored material shall be located no closer than seventy-five feet (75 ft.) to the side and rear property lines when located adjacent to a non-residential district and a two-hundred-foot (200 ft.) transition area measured from the fence to any residential district boundary shall be maintained. Such strip shall be planted with trees, grass, and shrubs.
(3) Salvage yards shall be established and maintained according to all applicable State statutes. The stricter regulations, either State or local, shall prevail.
(4) A minimum of two (2) acres shall be provided.
(5) A front yard of one hundred feet (100 ft.) from the right-of-way line shall be maintained. Such front yard shall be planted with trees, grass, and shrubs.
(6) No material shall be stocked above the fence height, except the movable equipment used in the operation.
(7) No open burning shall be permitted and all industrial processes involving the use of equipment for cutting, compressing or packing shall be conducted within a completely enclosed building.
(8) A development plan shall be submitted at the time of application showing: building location, accessory buildings or structures locations, fence location, fence type and specifications, planting plan, parking area, street access point or points, and drawn to scale.
(9) A salvage yard operation shall be permitted to operate in an approved location provided that the operation of such use does not adversely affect the public health, safety and general welfare.
(b) Wireless telecommunication towers, wireless telecommunication facilities, and wireless telecommunication shelters.
(c) Any other use deemed to be of a similar nature as those listed above by the Planning Commission.
(Ord. 48-2024. Passed 10-14-24.)
1151.04 DEVELOPMENT STANDARDS.
The maximum height of buildings is fifty (50) feet, frontage required two hundred (200) feet, front setback one hundred (100) feet, side yard of thirty-five (35) feet, rear yard fifty (50) feet. (Ord. 48-2024. Passed 10-14-24.)
1153.01 INTENT AND PURPOSES.
The Industrial Park District is created as an area to be devoted exclusively to industrial activity. Residences or any structures intended for living purposes are prohibited in this District.
The intent and purposes of the Municipality in creating this District are as follows:
(a) To encourage the establishment of industries which are compatible with one another.
(b) To establish standards for the height and size of buildings, the areas and dimensions of yards and open spaces.
(c) To provide development and operational standards for yards, structures and equipment that will minimize traffic congestion, noise, glare, air pollution, water pollution, fire and safety hazards and insure adequate drainage.
(d) To provide standards for off-street automobile storage and loading facilities adequate in area, design, arrangement and development to properly serve the uses for which such facilities are intended and sufficient to preclude the need for on-street parking or storage of automobiles or trucks.
(e) To provide standards for the location and illumination of signs and advertising devices so as to minimize glare and distraction to motorists and neighboring Residence Districts.
(f) To prohibit commercial and residential uses, except as such uses are purely accessory and incidental to the industrial uses they are intended to serve.
(g) To prohibit industrial uses which, because of potential emanation of dust, ash, smoke, noise, fumes, gas, odors or vibrations, are or may be inconsistent with the intent and purposes of this section.
(h) To establish standards for environmental development, including landscaping and requirement of open areas that will tend to result in healthful and productive working conditions.
(Ord. 48-2024. Passed 10-14-24.)
1153.02 PERMITTED USES.
Permitted uses are:
(a) Research laboratories; manufacturing, assembly, fabrication, warehousing and wholesale distribution of goods, wares, merchandise, articles, substances or compounds which are not combustible, flammable, explosive or likely to create fire, radiation or explosive hazards to surrounding property. Except the foregoing, other articles, substances or compounds may be stored and used in reasonable quantities as an incident to any such permitted use, provided such storage and use are allowed by the Planning Commission in the certificate of occupancy under such reasonable conditions as it may deem necessary in the interests of public safety.
(b) Public utilities, whether owned or operated municipally or privately.
(c) Heliports.
(d) Any accessory uses to any of the foregoing not in conflict with any of the other provisions of the Zoning Ordinance.
(Ord. 48-2024. Passed 10-14-24.)
1153.03 SPECIAL PERMITTED USES.
The following special uses shall be permitted in an I-3 Industrial Park District, providing that buildings and accessory buildings and uses comply with all requirements of Chapter 1170, "Parking Requirements" and Chapter 1161, "Nonconforming Uses; Existing Buildings", and that all uses not involving buildings or accessory buildings shall have the approval of the Planning Commission.
(a) Cafeterias or restaurants specifically designed and intended for use by those employees and management of uses permitted in the I-3 Industrial Park District, but not necessarily exclusively for their use.
(b) Bowling alleys, auditoriums, meeting rooms or other buildings primarily intended for the mutual use of the permitted uses located within the district, for meetings, programs, displays, recreation and other such uses as the industrial users of the district may deem necessary. These facilities shall be prohibited for use by organizations, clubs and fraternities not specifically a part of the industrial users of the district.
(c) Outdoor recreational facilities designed and intended for use by employees and management of those industries within the district. These facilities and associated uses shall comply with all requirements of this chapter in respect to front yard, side yard and rear yard clearance. These facilities, if lighted, must be shielded away from any thoroughfares and residential districts.
(d) Day care buildings and associated recreational facilities designed and intended for use by employees, guests, invitees and management of these industries within the district. No building or part of a building shall be built or occupied as a day care building or facility unless and until the Planning Commission has issued an occupancy certificate for that sale and exclusive purpose within the district. No occupancy certificate shall be issued or renewed unless the Planning Commission finds that the operations of the day care facilities meet the:
(1) Minimum operational standards imposed by State law;
(2) That thirty percent (30%) of the children who attend the day care facility are related by blood or marriage to an employee in the district;
(3) That the day care operator shall file an annual report with the Manager attesting to the authenticity of the children who use the day care facility;
(4) That annually, the Planning Commission shall hold a hearing on continuing the issuance of an occupancy certificate.
(Ord. 48-2024. Passed 10-14-24.)
1153.04 PROHIBITED USES.
1153.05 MINIMUM LOT AREA AND WIDTH.
(a) An Industrial Park District shall be required to contain a minimum of one hundred acres of land area.
(b) All buildings or structures permitted in an Industrial Park District shall be located on a lot having a minimum area of one acre and a minimum frontage on a public thoroughfare of 150 feet.
(Ord. 48-2024. Passed 10-14-24.)
1153.06 YARDS.
(a) Front Yards. There shall be a front yard of not less than one hundred measured feet from the street right-of-way line on streets listed as major thoroughfares on the officially adopted Major Thoroughfare Plan and for buildings on those lots abutting any Residence District. Front yards on other streets shall be not less than seventy-five feet, measured from the street right-of-way line.
(b) Side Yards. There shall be two side yards, each having a width of not less than twenty-five feet. For lots abutting any Residence District, there shall be a side yard clearance for the side abutting the Residence District of not less than fifty feet. Such space shall remain open and unoccupied by any principal or accessory building or use.
(c) Rear Yards. There shall be a rear yard of not less than fifty (50) feet. Such yards shall be appropriately landscaped and maintained. For those lots with rear lot lines abutting any Residence District, there shall be a rear yard of not less than fifty (50) feet, and such space shall remain open and unoccupied by any principal or accessory building or use.
(d) Heliports; Yards Required. In addition to the yards provided herein, any heliport or part thereof lying wholly within an Industrial Park District shall provide peripheral strips, no less than one hundred feet wide, interior from all building lines, and no structures above surface yard improvements or vegetation above a level of eight inches above ground shall be permitted thereon. The interior lines of such peripheral strip shall constitute the building lines of such heliports. All approach strips, landing pads and other facilities shall meet minimum requirements specified by CAA or other applicable agencies governing safe operation and procedure of aircraft.
(Ord. 48-2024. Passed 10-14-24.)
1153.07 BUILDING HEIGHT LIMITS.
(a) Buildings. The maximum height of any building at each of the building lines shall be no more than thirty feet. For each foot of setback interior to all building lines an additional height of one foot shall be permitted, but in no event shall the total height exceed forty-five (45) feet.
(b) Other Structures. Chimneys; tanks; water, communications and other towers and antennae and ventilators and other structures, whether or not accessory to the building or appurtenant thereto, shall be erected to heights no greater than specified in other sections of the Zoning Ordinance. All such structures in excess of forty-five (45) feet shall be suitably lighted between the hours of sunset and sunrise.
(Ord. 48-2024. Passed 10-14-24.)
1153.08 PERCENTAGE OF LOT COVERAGE.
Not more than thirty percent (30%) of the lot area shall be covered by any main and accessory buildings. (Ord. 48-2024. Passed 10-14-24.)
1153.09 OFF-STREET PARKING.
Space for off-street parking for employees, customers and visitors shall be required in the following manner:
(a) Off-street parking space shall herein be interpreted to be an accessory use and shall conform to all requirements as to side yard and rear yard clearances as specified in the Zoning Ordinance.
(b) All parking spaces provided in an Industrial Park District shall be located on the same lot with the building.
(c) Parking spaces for employees shall not be permitted beyond the setback building line or to the front of any main building.
(d) Additional space sufficient to accommodate customers and visitors shall also be provided. Such space shall not be permitted within the required yard specifications.
(e) Space also shall be provided for the parking of freight and delivery trucks during any time in which the off-street loading facilities are insufficient to handle all such trucks waiting to use the facilities.
(Ord. 48-2024. Passed 10-14-24.)
1153.10 OFF-STREET LOADING AND STORAGE.
Space for off-street loading and storage shall be required in the following manner:
(a) Off-street loading and storage space shall herein be interpreted to be an accessory use and shall conform to all requirements as to side yard and rear yard clearances as specified in the Zoning Ordinance.
(b) All loading and storage space shall be located on the same lot with the building.
(c) All open areas used for storage of any type shall be enclosed by a solid wall or fence approved by the Planning Commission.
(d) In no case shall loading and storage spaces be permitted in the front of any main building.
(e) All loading facilities shall be located a minimum of 300 feet from any Residence District boundary, if operated between the hours of 6:00 p.m. and 7:00 a.m.
(f) There shall be provided sufficient area for normal loading, unloading and storage of motor vehicles used in the conduct of the business or industrial activity.
(Ord. 48-2024. Passed 10-14-24.)
1153.11 SIGNS AND LIGHTING REQUIREMENTS.
(a) Signs.
(1) Signs shall be permitted in any Industrial Park District when the use of the sign is in direct relation to the use of the premises, but shall not be located or extended into any street right of way.
(2) No sign shall be located within one hundred feet of any intersection unless affixed to a building and not extending more than three feet beyond or above the same.
(3) No sign shall be illuminated in such a manner which will create direct illumination on any street or Residence District. Flashing, moving or intermittent illumination shall be prohibited.
(4) No sign shall be erected or maintained in any yard which will in any way obstruct a view of any street intersection or otherwise create a traffic hazard.
(5) Directional signs approved by the Planning Commission shall be permitted outside the legal street right of way.
(6) Sign permits shall be required for all signs not affixed to buildings.
(b) Lighting. Lighting, including spotlights, flood lights, electrical reflectors and other means of illumination for signs, structures, landscaping, parking areas, loading and unloading areas and the like shall be focused, directed and so arranged as to prevent glare on streets or adjoining property.
(Ord. 48-2024. Passed 10-14-24.)
1153.12 STREETS.
All streets in any Industrial Park District shall meet the standards specified by the Municipal Engineer. As a condition precedent to the issuance of a certificate of occupancy, curbs and gutters shall also be installed, performance guaranteed in an approved manner and at grades and locations in streets abutting lot lines as approved by the Planning Commission. Where not all or substantially all of a plot is to be utilized initially, the Commission shall authorize the postponement until further improvements are to be made, of as much of the installation of curb and gutter and other improvements as is reasonable under the circumstances of the use to be made of the plot and the drainage and traffic problems of the area.
(Ord. 48-2024. Passed 10-14-24.)