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Smithville City Zoning Code

GENERAL REGULATIONS

§ 153.035 USE REGULATIONS.

   The permitted and conditional uses for each district are shown on the accompanying table. The interpretation of uses given in categorical terms shall be defined in § 153.003. Uses not specifically listed or interpreted by the Board of Zoning Appeals to be included categorically under §§ 153.015 et seq. and this subchapter shall not be permitted except by amendment to this chapter.
(Ord. 76-43, passed 12-13-1976)
District
Permitted Uses
District
Permitted Uses
A-1, Agriculture
Plant cultivation
Public uses
Semi-public uses
Pubic service utility
Essential services
Accessory uses
F-1, Conservation and Flood
Permitted uses in A-1
Parks
R-1, Suburban Residence
Single-family dwelling
Plant cultivation
Public uses
Semi-public uses
Essential services
Accessory uses
R-2, Residence
Permitted uses in R-1
Two-family dwelling
Cluster dwelling
R-3, Multiple Residence
Permitted uses in R-1 and R-2 Districts
Multiple-residence
C-1, Central Commercial
Retail business
Personal services
Business services
Professional activities
Commercial schools
Offices and banks
Restaurants
Automotive sales
Tourist homes
Entertainment facilities
Mortuaries
Public uses
Semi-public uses
Social activities
Essential services
Accessory uses
Second floor residences
C-2, Highway Commercial
Gasoline stations
Restaurants
Motels and hotels
Entertainment facilities
Automotive sales
Automotive repair
Drive-in commercial uses
Farm implement sales and service
Public uses
Social activities
Essential services
Accessory uses
Agriculture
Retail business
Personal services
Business services
Professional activities
Commercial schools
Offices and banks
M-1, Industrial
General manufacturing
Food processing
Printing
Research and testing facilities
Transport and trucking terminal
 
District
Conditional Uses
(Requiring Zoning Board of Appeals Approval)
District
Conditional Uses
(Requiring Zoning Board of Appeals Approval)
M-1, Industrial (Cont’d)
Farm implement sales and service
Offices
Public service facilities
Essential services
Accessory uses
Sale and storage of building materials
Agriculture
A-1, Agriculture
Single-family dwelling
Recreational facility
Cemetery
Specialized animal raising and care
Oil and gas wells
Sand, gravel, topsoil extraction
Airports
Home occupations
F-1, Conservation and Flood
Public service facilities
Recreational facility
Oil and gas wells
Sand, gravel, topsoil extraction
Specialized animal raising and care
R-1, Suburban Residence
Public service facility
Non-commercial recreational facility
Cemetery
Specialized animal raising and care
Home occupations
Oil and gas wells
Sand, gravel, topsoil extraction
R-2, Residence
Public service facility
Non-commercial recreational facility
Cemetery
Nursery school
Child care clinic
Tourist homes
Professional activities
Home occupations
R-3, Multiple Residence
Mobile home parks
Non-commercial recreational facilities
Cemetery
Nursery school
Child care clinic
Tourist homes
Professional activities
Nursing homes
Mortuaries
Home occupations
C-1, Central Commercial
Taverns
Gasoline stations
Wholesale businesses
Drive-in commercial uses
Animal hospitals or clinics
Sale or storage of building materials
Motels and hotels
Recreational facilities
Outdoor advertising
Printing and publishing
Automotive repair
C-2, Highway Commercial
Semi-public uses
Taverns
Outdoor advertising
Wholesale business
Sale or storage of building materials
Animal hospitals and clinics
M-1, Industrial
Restaurants
Wholesale business
Warehousing
Oil and gas wells
Sand and gravel extraction
Mineral extraction, storage and processing
 
Height, Lot Area and Floor Area Minimum Requirements
Letter Symbol
District
Maxi- mum Height of Buildings (Stories)
Maxi- mum Height of Buildings (Feet)
Mini- mum Depth of Front Yard
Minimum Width of Each Side Yard
Mini- mum Depth of Rear Yard
Reserved
Reserved
Minimum Lot Frontage
Reserved
Height, Lot Area and Floor Area Minimum Requirements
Letter Symbol
District
Maxi- mum Height of Buildings (Stories)
Maxi- mum Height of Buildings (Feet)
Mini- mum Depth of Front Yard
Minimum Width of Each Side Yard
Mini- mum Depth of Rear Yard
Reserved
Reserved
Minimum Lot Frontage
Reserved
A-1
Agricultural
2-1/2
35
60
20
40
150
R-1
Suburban Residence
2-1/2
35
50
15
40
120
R-2
(Municipal Sewage Disposal and Water Supply)
Single- family
2-1/2
35
35
10
30
85
Two-Family
2-1/2
35
35
10
30
100
Cluster dwelling
As permitted and as regulated in § 153.058
R-3
Multiple Residence (Municipal Sewage Disposal and Water Supply Systems)
Single- family
Same requirement as R-2 Residence Districts
Two-family
Same requirement as R-2 Residence Districts
Cluster Dwelling
As permitted in R-2 Residential District
Multiple family
3
35
25
10
30
100
Mobile home
As prescribed in § 153.051
C-1
Central Commercial
3
45
None
None(2)
20(3)
C-2
Regional Commercial (5)
3
45
50
20
25(3)
M-1
Industrial(5)
3
45
50
20(4)
20(3)
F-1
Conservation and Flood(5)
2-1/2
35
50
20
40
NOTES TO TABLE:
(1)   Reserved
(2)   No side yard shall be required, except that a side yard of not less than 20 feet in width shall be provided on the side of a lot adjoining a residential district. See § 153.077.
(3)   A rear yard of not less than 20 feet in a C-1 district and not less than 50 feet in a C-2 district and 100 feet in an M-1 district is required where a lot abuts upon a residential district. See § 153.077.
(4)   A side yard of not less than 100 feet is required where a lot adjoins a residential district. See § 153.077 for exceptions.
(5)   No residence permitted.
 
(Ord. 76-43, passed 12-13-1976; Am. Ord. 1979-27, passed 8-31-1979; Am. Ord. 1980-53, passed 1-26-1981; Am. Ord. 2006-10, passed 6-26-2006; Am. Ord. 2018-10, passed 4-30-2018; Am. Ord. 2020-02, passed 2-3-2020; Am. Ord. 2023-12, passed 8-1-2023)

§ 153.036 HEIGHT, LOT AREA AND FLOOR AREA REQUIREMENTS.

   The height, lot area and floor area requirements for the location and erection of buildings on any lot or tract of land are established and shown on the above table.
(Ord. 76-43, passed 12-13-1976)

§ 153.037 OFF-STREET PARKING AND LOADING REQUIREMENTS.

   (A)   Off-street loading requirements.
      (1)   In any district, in connection with every building or part thereof hereafter erected and having a gross floor area of 3,000 square feet or more, which is to be occupied by manufacturing, storage, warehouse, goods display, retail store, wholesale store, market, mortuary, laundry, dry cleaning or other uses similarly requiring the receipt or distribution by vehicles of material or merchandise, there shall be provided and maintained, on the same lot with the building at least one off-street loading space for each 10,000 square feet or major fraction thereof of gross floor area so used in excess of 10,000 square feet.
      (2)   Each loading space shall be not less than 12 feet in width, 40 feet in length and 14 feet in height.
      (3)   Subject to the limitations in division (A)(4) below, the space may occupy all or any part of any required yard or court space.
      (4)   No such space shall be located closer than 50 feet to any other lot in any “R” District unless wholly within a completely enclosed building or unless enclosed on all sides by a wall or uniformly painted board fence not less than six feet in height.
(Ord. 76-43, passed 12-13-1976)
   (B)   Off-street parking space requirements.
      (1)   In all districts, in connection with every industrial, business, institutional, recreational, residential or any other use, there shall be provided, at any time any building or structure is erected or is enlarged or increased in capacity, off-street parking spaces for automobiles in accordance with the following requirements:
         (a)   Each off-street parking space shall have an area not less than 180 square feet (measuring nine feet wide and 20 feet long) exclusive of access drives or aisles and shall be of usable shape.
         (b)   There shall be adequate provision for ingress and egress to all parking spaces. Where a lot does not abut a public or private alley or easement of access, there shall be provided an access drive not less than eight feet in width in the case of a dwelling and not less than 18 feet in width in all other cases, leading to the parking or storage areas or loading or unloading spaces required hereunder in such manner as to secure the most appropriate development of the property in question, but, except where provided in connection with a use permitted in an “R” District, such easement of access or access drive shall not be located in any “R” District.
      (2)   In all districts there shall be provided at the time any building or structure is erected or structurally altered (except as provided herein) off-street parking spaces in accordance with the following minimum requirements:
Use
Parking Spaces Required
Use
Parking Spaces Required
Dwellings for one family
1 space
Dwellings, including 1,2, and 3 families,
½ for each family multiple dwellings, and mobile homes
Rooming or boarding house, tourist
1 for each sleeping room or suite home, hotel or motel
Private club, golf club, or lodge
1 for each 5 members
Church, temple, or other religious building
1 for each 5 seats in main auditorium
School (except secondary school)
1 for each 6 seats in auditorium or main assembly room, or 1 for each classroom, whichever is greater
Secondary or junior high school
1 for each 6 seats in main auditorium, or 1 for each classroom, whichever is greater
Community center, library, or museum
10 plus 1 additional for each 300 square feet of floor area in excess of 2,000 square feet
Hospital, sanitarium, convalescent home,
1 for each 3 beds home for the aged or similar institution
Theater or auditorium (except school seats or bench auditorium), sports arena, stadium or eating gymnasium
1 for each 5 spaces
Bowling alley
4 for each lane
Mortuary or funeral home
1 for each 50 square feet of floor space in slumber rooms, parlors or individual funeral service rooms
Personal or professional services; restaurants, nightclubs, cafes or similar recreational or amusement establishments, dance halls, assembly or exhibition halls without fixed seats
Retail business or business service establishment except as otherwise specified herein
1 for each 150 square feet of gross floor area
Furniture or appliance store, hardware store, wholesale establishments, machinery or equipment sales and service
1 for each 300 square feet of gross floor area
Printing or plumbing shop or similar service establishment
1 for each 2 persons employed therein
Manufacturing or industrial establishment, research or testing laboratory, dairy, bakery, warehouse or similar establishment
1 for each 2 employees on the maximum working shift plus space to accommodate all trucks and other vehicles used in connection therewith
 
`      (3)   In computing the number of spaces required in division (B)(2) above, the following rules shall govern:
         (a)   “Floor area” shall mean the gross floor area of the specified area.
         (b)   Where fractional spaces result, the parking spaces required shall be construed to be the nearest whole number.
         (c)   The parking space requirement for a use not specifically mentioned herein shall be the same as required for a use of similar nature.
         (d)   Whenever a building or use constructed or established after the effective date of this chapter is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise to create a need for an increase of 10% or more in the number of existing parking spaces, such spaces shall be provided on the basis of the enlargement or change. Whenever a building or use existing prior to the effective date of this chapter is enlarged to the extent of 50% or more in the floor area or in the area used, the building or use shall then and thereafter comply with parking requirements set forth herein.
      (4)   Other than for one-, two-, or three-family dwellings, ADAAG (Americans with Disabilities Act, Accessibility Guidelines) parking spaces shall be provided in the manner adopted by the Ohio Building Code, and as further described in Ohio Administrative Code (OAC) 4101:1-11-01.
   (C)   Special parking provisions.
      (1)   The parking of a disabled vehicle within a residential district for a period of more than two weeks shall be prohibited; except that such vehicles may, be stored in an enclosed garage or other accessory building provided that no business shall be conducted in connection therewith while such vehicles are parked or stored.
      (2)   All parking spaces required herein shall be located on the same lot with the building or use served, except that where an increase in the number of spaces is required by a change or enlargement of use or where the spaces are provided collectively or used jointly by two or more buildings or establishments, the required spaces may be located not to exceed 300 feet from an institutional building served and not to exceed 500 feet from any other non-residential building served.
      (3)   Not more than 50% of the parking spaces required for:
         (a)   Theaters, bowling alleys, dance halls, nightclubs or cafes, and up to 100% of the parking spaces required for a church or school auditorium, may be provided and used jointly by;
         (b)   Banks, offices, retail stores, repair shops, service establishments and similar uses not normally open, used or operated during the same hours as those listed in division (C)(3)(a) above; provided, however, that written agreement thereto is properly executed and filed as specified in division (C)(4) below.
      (4)   In any case where the required parking spaces are not located on the same lot with the building or use served, or where such spaces are collectively or jointly provided and used, a written agreement thereby assuring their retention for such purposes shall be properly drawn and executed by the parties concerned, approved as to form by the Solicitor and executed by the Council and shall be filed with the application for a building permit.
   (D)   Development and maintenance of parking areas. Every parcel of land hereafter used as a public, commercial or private parking area shall be developed and maintained in accordance with the following requirements.
      (1)   Screening and landscaping. Off-street parking areas for more than five vehicles shall be effectively screened on each side which adjoins or faces premises situated in any “R” District, or institutional premises, by a masonry wall or solid fence of acceptable design. The wall or fence shall be not less than four feet or more than six feet in height and shall be maintained in good condition without advertising thereon. The space between such wall or fence and the lot line of the adjoining premises in any “R” District shall be landscaped with grass, hardy shrubs, or evergreen ground cover and maintained in good condition. In lieu of such wall or fence, a strip of land not less than 15 feet in width and planted and maintained with an evergreen or dense planting of evergreen shrubs not less than four feet in height may be substituted.
      (2)   Minimum distances and setbacks. No part of any parking area for more than five vehicles shall be closer than ten feet to any dwelling, school, hospital or other institution for human care located on an adjoining lot, unless screened by a masonry wall of acceptable design and without penetrations. If on the same lot with a main building, the parking area shall not be located within the front yard or side street side yard required for such building. In no case shall any part of a parking area be closer than five feet to any established street or alley right-of-way. The wall or hedge required herein shall be set back from each street, the same as if it were a building wall, so as to observe the front yard and side street side yard requirements of this chapter.
      (3)   Surfacing. Any off-street parking area for more than five vehicles shall be graded for proper drainage and surfaced with an asphaltic or Portland cement binder pavement or a durable and dustless surface and shall be so arranged and marked as to provide for orderly and safe parking and storage of self-propelled vehicles.
(Ord. 76-43, passed 12-13-1976; Am. Ord. 2017-4, passed 3-27-2017)