Smithville City Zoning Code
SPECIAL PROVISIONS
§ 153.050 PERFORMANCE REQUIREMENTS.
(A) (1) No land or building in any district shall be used or occupied in any manner so as to create or allow to remain thereon or therein: any dangerous, injurious, odiferous, noxious, or otherwise objectionable fire, explosive, material, hazardous or otherwise; noise or vibration; smoke, dust, odor or other form of air pollution; heat, cold, dampness; electrical or other disturbance; glare, liquid or solid refuse or wastes; or other substance, condition or element in such a manner or amount as to adversely affect the surrounding area or adjoining premises provided that any use permitted or not expressly prohibited by this section may be undertaken and maintained if acceptable measures and safeguards are employed to limit dangerous and objectionable elements or conditions to acceptable limits and tolerances. at the following points of observation:
(a) In any “R” District and “C-1" and “C-2" Districts, 25 feet from the establishment or use;
(b) In “M” and “A-1" Districts, at the boundaries of the District, or at any point within an adjacent “R” District.
(2) Where necessary, The Zoning inspector or Board of Zoning Appeals, prior to issuance of a zoning certificate, may require the submission of statements and plans indicating the manner in which dangerous and objectionable conditions are to be eliminated or reduced to acceptable limits and tolerances.
(B) (1) Except as otherwise provided herein, no new building, alteration of an existing building or other improvement shall be erected, constructed, permitted or maintained on any land in the municipality, unless the surface water drainage plans therefor have first been submitted to and approved by the Smithville Planning Commission.
(2) Where necessary to protect Smithville lands and residents from property damage or injury reasonably expected to be caused by surface water run-off as a result of any such new building, alteration or other improvement. The Planning Commission may require as a condition for approval of the plan, employment of the measures and safeguards, including, but not limited to construction, installation and maintenance on a continuing basis, of the water retainage basins, drains, and other control devices as may be reasonably necessary to limit the impact of any increased risk of flooding caused by or resulting from such new building, alteration or improvement.
(3) The Zoning Inspector or Board of Zoning Appeals, prior to issuance of a zoning certificate, shall require the applicant to present a statement either attached to or stamped upon the application and signed by the presiding officer of the Planning Commission stating “Surface Water Drainage Plan Approved” or words to that effect. The Planning Commission may dispense with the requirement for such a plan if finds that the new building, alteration or improvement will not have an appreciable impact upon the surface water drainage in the surrounding area. In such case, the phrase, “ Surface Water Drainage Plan Not Necessary” shall be indicated and signed in the same formality as provided for approval, above.
(Ord. 76-43, passed 12-13-1976; Am. Ord. 1989-16, passed 5-22-1989; Am. Ord. 98-22, passed 7-27-1998)
§ 153.051 MOBILE HOME PARK RESIDENCE.
(A) No mobile homes, trailers, or similar portable residence structures shall be permitted to locate in the municipality except in a Mobile Home Park in an “R-3" Residence District.
(B) The mobile home park shall conform to the following requirements:
(1) Shall contain a minimum of six acres;
(2) Shall provide an adequate supply of pure water;
(3) Shall provide an adequate system of collective sanitary sewers, sewage treatment and disposal;
(4) Shall provide a clearly defined minimum area of 4,000 square feet including a minimum width of 30 feet for each mobile home or trailer;
(5) Shall provide a minimum 15 feet clearance between individual mobile homes or trailers, and a 15 foot setback from any property line bounding the mobile home park;
(6) All mobile home spaces shall abut a driveway of not less than 20 feet in width, which shall have unobstructed access to a private or public street; and
(7) A safe, usable recreation area shall be conveniently located in each trailer park and shall not be less than 20% of the gross area of the trailer park.
(Ord. 76-43, passed 12-13-1976)
§ 153.052 TRAILERS, MOTELS, MOTOR HOMES.
(A) Parking of a trailer in any district for 48 hours or a longer period of time shall be prohibited, except for small utility, boat and vacation trailers when authorized by Board of Zoning Appeals and except that one trailer may be stored in an enclosed garage or other accessory building, provided that in all cases no living quarters shall be maintained or any business conducted in connection therewith while the trailer is parked or stored, and to insure compliance therewith, a zoning certificate shall be required. The parking of a trailer, other than utility, boat or vacation for less than 48 hours outside of an enclosed garage or another accessory building shall be permissible only after the Zoning Inspector has been, notified of the intention.
(B) Motels or motor hotels shall comply with the sanitary regulations prescribed by the county’s Health Authorities and as may otherwise be required by law, and in addition shall comply with the following regulations:
(1) Any lot to be used for a motel shall not be less than two acres in area. All buildings and structures shall be distant at least 50 feet from a rear lot line and at least 25 feet from the front and side lot lines. The buildings and structures on the lot shall not occupy in the aggregate more than 25% of the area of the lot.
(2) All areas not used for access, parking, circulation, buildings and services shall be completely and permanently landscaped and the entire site maintained in good condition.
(Ord. 76-43, passed 12-13-1976)
§ 153.053 SIGNS: BILLBOARDS, OUTDOOR ADVERTISING, PERMANENT OR TEMPORARY, POLITICAL, AND THE LIKE.
(A) Outdoor advertising signs and structures, where permitted shall be set back 50 feet from the established right-of-way line of any street or highway, or as far as the required front yard depth for a principal building in such districts, whichever is the greater distance; provided that for every square foot by which the signs or billboards exceed 80 square feet, the setback shall be increased by one-half foot but need not exceed 100 feet, except that at the intersection of any state or federal highway with a major or secondary street any outdoor advertising sign or billboard shall not be less than 200 feet from the established right-of-way of each such highway or street.
(B) No such billboard, sign, or advertising structure shall be permitted which faces the front or side lot line of any lot in any “R” District within 100 feet of such lot line or which faces any public parkway, public square or entrances to any public park, public or parochial school, library, church or similar institution within 300 feet thereof.
(C) Non-illuminated real estate signs, advertising the sale, rental or lease of the premises on which they are maintained and not over 12 square feet in aggregate area shall be permitted on any lot 100 feet or less in width. Larger signs shall be permitted for two or more lots in single ownership or for properties with frontages in excess of 100 feet provided that the signs shall not exceed a maximum area of 150 square feet. The signs shall be set back from every street lot line at least a distance in feet equal to the number of square feet in the area of the sign, but such setback shall not be less than the least depth of the required front yard. Real estate signs, not exceeding six square feet in area and when attached flat against the building to which it pertains, shall be permitted in any case.
(D) Small announcement or professional signs, where permitted, shall not exceed two square feet in area, except that a church, school, community center, or other public or institutional building may have for its own use an announcement sign or bulletin board not over 12 square feet in area, which, if not attached flat against a building, shall be at least 12 feet from all street lines. Wall signs pertaining to a non-conforming use shall be permitted if on the same premises as such use and not exceeding in the aggregate 20 square feet in area or two feet in one dimension.
(E) Every conforming business located in a “C-1", “C-2" or “M” district may have one free standing sign advertising the nature of the business provided the sign is on the same property as the main building. The total area of the sign, on either side, shall not exceed 60 square feet, and the bottom of the sign shall be located at a minimum of ten feet above grade. The furthermost overhang of the sign shall be no nearer than two feet to the street right-of-way in a “C-1" District or ten feet in a “C-2" or “M” District.
(F) No sign or advertising structure shall be located, placed or arranged so as to impair traffic visibility at any intersection or at an entrance or exit to any use of any property.
(G) Temporary signs, of any configuration, typically placed for special events may not exceed 30 days; no-fee permits are required. Size may not exceed three feet by four feet. Set-back requirements by Zoning District. Placement may not impair traffic visibility at intersections or at entrances or exits to any use of any property.
(H) Political signs may be placed no earlier than 30 days before an election, and remain only seven days after the election; no permits required. Size not to exceed four feet by eight feet.
(I) All of the signs referred to in this section may be illuminated, provided the source of light is not visible and no flashing or blinking lights are permitted. The source, design, and/or placement of illumination must not create a public or private nuisance for vehicular traffic, nor for the normal and acceptable tranquility of the neighborhood.
(J) All signs shall be maintained in good appearance and repair.
(Ord. 76-43, passed 12-13-1976; Am. Ord. 2017-4, passed 3-27-2017; Am. Ord. 2020-02, passed 2-3- 2020)
§ 153.054 PLANNED UNIT DEVELOPMENT (PUD).
(A) The owner or owners of any tract of land comprising an area of not less than ten acres may submit to the Council a plan for the use and development of all of the tract of land for residential and allied purposes. The development plan shall be referred to the Planning Commission for study and report and for public hearings. Notice and publication of the public hearings shall conform to the procedures prescribed herein for hearings on changes and amendments. If the Commission approves the plans, these shall be submitted to the Council for consideration and action. The approval and recommendations of the Commission shall be accompanied by a report stating the reasons for approval of the application and specific evidence and facts showing that the proposed community development project meets with the following conditions:
(1) The property adjacent to the area included in the plan will not be adversely affected;
(2) The plan is consistent with the intent and purposes of this chapter to promote public health, safety, morals and general welfare;
(3) The use of the land shall be similar to the uses permitted in the district in which the plan is located;
(4) That the average lot area per family contained in the site, exclusive of the area occupied by streets, will not be less than the lot area per family required in the district in which the development is located;
(5) That the Planning Commission has consulted with the Village Council and the Board of Public Affairs to determine that a documented plan exists whereby public facilities such as sewer, water, street lights, storm sewer, police and fire protection and the like, can be adequately provided in accordance with the general welfare without unreasonable tax and utility cost increases.
(B) If the Council approves the plans, a zoning certificate may be issued, even though the use of the land, the location and height of buildings to be erected in the area and the yards and open space contemplated by the plan do not conform in all respects to the district regulations of the district in which it is located.
(Ord. 76-43, passed 12-13-1976; Am. Ord. 1979-29, passed 8-31-1979)
§ 153.055 PRIVATE SWIMMING POOLS.
(A) A private swimming pool shall be any pool, pond, lake or open tank where swimming is normally permitted, not located within a completely enclosed building and containing or normally capable of containing water to a depth at any point greater than one and one-half feet.
(B) No such swimming pool shall be allowed in any “A”, “F”, or “R” District except as an accessory use and unless it compiles with the following conditions and requirements:
(1) The pool is intended and Is to be used solely for the enjoyment of the occupants of the principal use of the property on which it is located.
(2) It may not be located, including any walks or paved areas or accessory structures adjacent thereto, closer than ten feet to any property line of the property on which located.
(3) The swimming pool, or the entire property on which it is located shall be so as to prevent uncontrolled access by children from the street or from adjacent properties, the fence or wall to be not less than four feet in height and maintained in good condition, with a gate and lock.
(Ord. 76-43, passed 12-13-1976)
§ 153.056 TEMPORARY BUILDINGS.
Temporary buildings used in conjunction with construction work only, may be permitted in any district during the period that the construction work is in progress, but the temporary buildings shall be removed upon the completion of the construction work.
(Ord. 76-43, passed 12-13-1976)
§ 153.057 STATUTORY AGRICULTURAL DISTRICTS.
(A) Applications for placement of farmland in an Agricultural District pursuant to R.C. § 929.02, shall be processed in accordance with the provisions of that statute.
(B) Upon receipt of an application for placement of farmland in an agricultural district pursuant to R.C. § 929.02, the Clerk shall:
(1) Immediately schedule the application for a public hearing during either a regular or special meeting of Council not more than 30 days after the application was filed with the Clerk;
(2) Notify the applicant of the date and time of the hearing by certified mail sent at least 10 days prior to the date of hearing;
(3) Cause notice of the hearing to be published in the daily record at least 7 days prior to the hearing; and
(4) Invite the members of The Planning Commission to attend the legislative hearing and otherwise comply with any other local governmental requirements for notice.
(C) Council shall conduct its hearing in accordance with the provisions of R.C. § 929.02; in addition to the evidence enumerated therein, Council shall consider any previous application made by the applicant or its predecessor in title.
(D) Within 30 days after the hearing, the Council shall render its decision. Council may either approve the application, approve the application with written modifications subjecting the land to municipal zoning and other regulations or reject same with reasons stated in writing. Council’s rejection of any such application shall not disqualify or otherwise prevent the applicant from reapplying at a later time.
(E) Within five days of the Council’s decision, the Clerk shall send a copy of same to the applicant and the Wayne County Auditor by certified mail.
(F) The Clerk shall maintain a record of all papers connected with the application in accordance with local laws pertaining to administrative proceedings.
(Ord. 98-22, passed 7-27-1998)
§ 153.058 CLUSTER DWELLINGS.
(A) Cluster dwelling defined. A CLUSTER DWELLING is a detached single-family dwelling and/or two to four attached dwellings planned as a unified development at a density greater than required for single- family or two-family development and less than permitted in a Multiple Residence District. Cluster dwellings are permitted in R-2 and R-3 Residence Districts, provided there is a municipal water supply and sanitary sewers
(B) Lot requirements. Each cluster dwelling shall front on a public dedicated street for the required lot width, except that on a curved street or at the end of a cul-de-sac the required frontage shall not be less than 60% of the required lot width. The minimum area of the development shall be not less than three acres. If lots are proposed to be sold the following minimum lot requirements shall be as follows:
(1) Minimum lot area:
(a) One unit: 5,000 square feet;
(b) Two units attached: 8,000 square feet;
(c) Three units attached: 11,000 square feet;
(d) Four units: 14,000 square feet.
(2) Minimum lot width:
(a) Width of the dwelling plus 20 feet but not less than 50 feet for one unit;
(b) 80 feet for a two-unit building;
(c) 110 feet for a three-unit building; and
(d) 140 feet for a four-unit building.
(C) Required procedures. If individual lots are to be created and sold the proposed development shall follow the procedures as provided in Chapter 152, the Village Subdivision Regulations. For condominium developments, a public road shall be designed and improved as provided in the Subdivision Regulations.
(D) Density (Lot area per dwelling unit). Minimum 7,000 square feet per unit exclusive of public rights-of-way.
(E) Utilities. Municipal water supply and sanitary sewers required. Tap-in requirements and fees shall be determined by the Board of Public Affairs.
(F) Yard requirements.
(1) Front: 20 feet from street right-of-way; corner lots 20 feet from each street right-of-way.
(2) Side: 10 feet to each side lot line. In condominium development distance between buildings shall be not less than 20 feet.
(3) Rear: 30 feet to rear lot line. In condominium development the distance between buildings shall be not less than 60 feet.
(4) Side/rear: In a condominium development the distance between the side of one building and the rear of another building shall be not less than 40 feet.
(5) Utility easements shall be not less than 10 feet from a cluster dwelling.
(G) Required open space. Not less than 25% of the development area shall be in permanent open space. This area is exclusive of all required yards and required distances between buildings and public rights-of-way.
(H) Maximum lot coverage. Maximum coverage of each individual lot shall be not more than 40%. Maximum coverage of the development area shall be not more than 35%.
(I) Maximum building height. The maximum building height shall be two stories and shall not be more than 25 feet. Building height is defined as the vertical distance measured from the grade level to the highest point of the building.
(J) Off-street parking. There shall be not less than three off-street parking spaces per unit. One of the spaces shall be in an enclosed garage attached to the dwelling unit; the second space may be in a driveway, and the third may be in an off-street parking area in the development or in a driveway.
(K) Minimum dwelling unit areas. The minimum floor area shall be not less than 1,000 square feet.
(L) Landscaping. All open space areas not kept in a natural state and all yard areas shall be landscaped and maintained with grass, trees and shrubs. Plant materials shall be selected that are indigenous and moderately fast growing. The landscape design shall incorporate the entire development area and consist of an assortment of plants with year-round appeal, which may include annuals, perennials, shrubs, and trees.
(M) Development plans. Preliminary and final development plans are required in subdivisions and condominium developments as provided in § 153.094(D).
(Ord. 2006-10, passed 6-26-2006)
§ 153.059 ACCESSORY BUILDINGS AND STRUCTURES.
(A) Unattached buildings and structures such as garages, utility or storage sheds, which are normally incidental to, subordinate to and devoted exclusively to the main use of the land or buildings.
(B) Only two accessory buildings are permitted per lot or parcel of land less than two acres. Lots or parcels of land greater than two acres may also contain a larger utility building up to 960 square feet (typically 24 feet by 40 feet). The maximum size allowed for a garage-type building is 600 square feet (typically 24 feet by 25 feet). The maximum size utility or storage shed allowed is 192 square feet (typically 12 feet by 16 feet).
(C) Accessory buildings or structures may have either a permanent foundation, or, placed on a rubble base or cement pad, or, may be placed directly on the ground provided the construction design allows. In all cases, the accessory building or structure, must be adequately anchored to control uplift or movement in a manner consistent with all other buildings and structures for this area and climate.
(Ord. 2023-17, passed 10-17-2023)