Smithville City Zoning Code
DISTRICTS AND
GENERAL PROVISIONS
§ 153.015 DISTRICTS.
The incorporated area of Smithville, Ohio, is hereby divided into districts, of which there shall be eight in number known as:
(A) “A-1,” agricultural district;
(B) “F-1,” conservation and flood district;
(C) “R-1,” suburban residence district;
(D) “R-2,” residence district;
(E) “R-3,” multiple residence district;
(F) “C-1,” central commercial district;
(G) “C-2,” highway commercial district; and
(H) “M-1,” industrial district.
(Ord. 76-43, passed 12-13-1976)
§ 153.016 DISTRICT MAP.
(A) The boundaries of the districts are shown upon the map which is made a part of this chapter, which map is designated as the “District Map”. The district map and all the notations, references and other information shown thereon are a part of this chapter and have the same force and effect as if the district map and all the notations, references and other information shown thereon were all full set forth or described therein, the original of which district map is properly attested and is on file with the Village Clerk.
(B) No changes of any nature shall be made in the Official District Map or matter shown thereon except in conformity with the procedures set forth in this chapter.
(C) The Official District map, which shall be located in the office of the Village Clerk shall be the final authority as to the current zoning status of land and water areas, buildings and other structures.
(Ord. 76-43, passed 12-13-1976)
§ 153.017 DISTRICT BOUNDARIES.
(A) The district boundary lines on said map are intended to follow either lot lines or centerlines of streets or alleys, and where the districts designated on the map are bounded approximately by such lot lines, centerlines or streets or alleys, the lot line or centerlines of streets or alleys shall be construed to be the boundary of the district unless such boundary is otherwise indicated on the map. In the case of unsubdivided property, the district boundary lines shall be determined by the use of the scale appearing on the Zoning District Map or by dimensions.
(B) Whenever any street, alley or other public way is vacated by official action of the Council of Smithville, the zoning district adjoining each side of such street, alley or public way shall be automatically extended to the center of the vacation, and all area included in the vacation shall then and henceforth be subject to all appropriate regulations of the extended districts.
(Ord. 76-43, passed 12-13-1976)
§ 153.018 COMPLIANCE WITH REGULATIONS.
The regulations set forth by this chapter within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land except as hereinafter provided:
(A) No building, structure or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered unless in conformity with all of the regulations herein specified for the district in which it is located.
(B) No building or other structure shall hereafter be erected or altered:
(1) To exceed the height;
(2) To accommodate or house a greater number of families;
(3) To occupy a greater percentage of lot area; and
(4) To have narrower or smaller rear yards, front yards, side yards, or other open spaces than herein required or in any other manner contrary to the provisions of this chapter.
(C) No part of a yard or other open space or off-street parking or loading space required about or in connections with any building for the purpose of complying with this chapter shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building.
(D) No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.
(Ord. 76-43, passed 12-13-1976)
§ 153.019 NON-CONFORMING USES.
(A) Any lawful use of any dwelling, building, structure or land existing at the effective date of this chapter may be continued, even though such use does not conform to the provisions hereof. The non-conforming use of a building may be extended throughout those parts thereof which were manifestly arranged or designed for the use at the time of adoption of the chapter. No non-conforming building or structure shall be moved, extended, enlarged or altered except when authorized by the Board of Appeals in accordance with the provisions of §§ 153.110 et seq.
(B) Whenever the use of a building or land shall become non-conforming through a change in this chapter or in the district boundaries, such use may be continued, and may be changed to another non-conforming use of the same or of a more restricted classification.
(C) A non-conforming use which is discontinued for a continuous period of two years shall not again be used except in conformity with the regulations of the district in which the building or land is located.
(D) A non-conforming building which has been damaged by fire, explosion, act of God or the public enemy to the extent of more than 60% of Its reproduction value at the time of damage shall not be restored except in conformity with the regulations of the district in which it is located. When damaged by less than 60% of its reproduction value, a non-conforming building may be repaired or reconstructed and used as before the time of the damage, provided such repairs or reconstruction are completed within one year of the date of the damage.
(E) Non-conforming trailers or mobile homes located on a lot in any district other than “R-3" District, once removed shall not be relocated on the lot unless the unit was “traded-in” for another unit. In this instance, the replacement shall be on site within one week of the removal of the previous unit.
(Ord. 76-43, passed 12-13-1976)
§ 153.020 TRAFFIC VISIBILITY ACROSS CORNER LOTS.
In any district on any corner lot no fence, structure or planting shall be erected or maintained within 30 feet of the “corner” at a height between two and one-half and ten feet above curb or street grade or so as to interfere with traffic visibility across the corner.
(Ord. 76-43, passed 12-13-1976)