South Charleston City Zoning Code

ZONING DISTRICTS

§ 152.040 STANDARD ZONING DISTRICT REGULATIONS.

(A) Regulation of the uses of land or structures. Regulations pertaining to the use of land and/or structures, and the physical development thereof within each of the zoning districts as established in § 152.041, are hereby established and adopted.

(B) Rules of application.

(1) Identification of uses. Listed uses are to be defined by their customary name or identification, except as specifically defined or limited in this chapter.

(2) Permitted uses.

(a) Only a use designated as permitted shall be allowed as a matter of right in any zoning district, and any use not so designated shall be prohibited unless:

1. A permitted use may be added to a zoning district by formal amendment, in conformance with § 152.022; and

2. An unlisted use may be determined by the Planning and Zoning Board to be a similar use, pursuant to division (B)(5) below.

(b) No more than one permitted use shall exist on any one zoning lot.

(3) Accessory uses. An ACCESSORY USE OR STRUCTURE is a subordinate use or structure clearly incidental and secondary to the principal permitted building or use, and located on the same lot with such principal building or use. Accessory uses or structures shall be allowed in accordance with the specific district regulations, and the requirements of § 152.066.

(4) Conditional uses. A use designated as a conditional use shall be allowed in the zoning district where the designation occurs, when such use, its location, extent and method of development will not substantially alter the character of the vicinity, or unduly interfere with or adversely impact the use of adjacent lots. To this end, the Planning and Zoning Board shall, in addition to the development standards for the specific district, set forth additional requirements as will render the conditional use compatible with existing and future use of adjacent lots in the vicinity, in accordance with § 152.024.

(5) Similar uses.

(a) Determination as to whether a use is similar to uses permitted by right shall be considered as an expansion of use regulations of the district and not as a variance applying to a particular situation. Any use found similar shall thereafter be considered as a permitted use in that district.

(b) Applications for zoning permits for uses not specifically listed in the permitted building or use classifications of the zoning district, which the applicant feels qualify as a similar use under the provisions of this section, shall be submitted to the Planning and Zoning Board.

(c) Within 30 days after such submittal, the Planning and Zoning Board shall determine whether the requested use is similar to those uses permitted in the specific district. In order to find that a use is similar, the Planning and Zoning Board shall find that all of the following conditions exist:

1. Such use is not listed as a permitted or conditional use in another zoning district;

2. Such use conforms to basic characteristics of the district to which it is to be added and is more appropriate to it than to any other district; and

3. Such use creates no danger to health and safety, creates no offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influences, and does not create traffic congestion to an extent greater than normally resulting from uses listed in the classification to which it is to added.

(6) Development standards. Development standards set forth shall be the minimum allowed for uses permitted in that district. If development standards are in conflict with requirements of any other lawfully adopted rule, regulation or law, the most restrictive standard shall govern.

(7) Development plan.

(a) For particular uses in specific districts, a development plan will be cited as required. In such cases, the development plan shall be submitted by the applicant at the time of the application for a zoning permit. The development plan shall contain a site plan for the property, drawn to scale, showing all property lines and building outlines, access drives, parking areas and other notable physical features. The development plan shall also show the size, design, materials and location of all signage proposed for the development. The development plan shall contain a narrative description of the proposed use, and how such use will impact adjacent residential property.

(b) The development plan shall be reviewed by the Planning and Zoning Board and must be approved as a condition for the issuance of a zoning permit. In approving a development plan, the Planning and Zoning Board shall find that the following criteria have been met:

1. The proposed building or use shall have sufficient yard space to provide for adequate parking and screening of adjacent residential areas in accordance with this section;

2. The development plan for the proposed facility has incorporated measures to lessen and/or alleviate adverse impacts on adjacent residential areas and to protect the residential character of such areas; and

3. The location, design and operation of the proposed use shall not impose undue adverse impacts on surrounding residential neighborhoods.

(8) Essential services. Essential services, as defined and specified in § 152.005, shall be permitted in any and all zoning districts within the village.

(Ord. 97-5, passed 8-4-1997)

§ 152.041 ZONING DISTRICTS AND DISTRICT MAP.

(A) Zoning districts established. The following zoning districts are hereby established for the village:

(1) ER - Estate Residential District;

(2) SR - Suburban Residential District;

(3) OVR - Old Village Residential District;

(4) MH-R - Manufactured Home Residential District;

(5) AR - Apartment Residential District;

(6) OVB - Old Village Business District;

(7) SB - Suburban Business District;

(8) OVI - Old Village Industrial District;

(9) I - Industrial District; and

(10) SU - Special Use District.

(B) Official zoning district map. The districts established in division (A) above are shown on the official zoning district map, which together with all notations, references, data, district boundaries and other explanatory information, are hereby adopted as a part of this chapter. The official zoning district map shall be identified by the signatures of the Commission President and the Clerk, and shall be on file in the municipal building.

(C) Interpretation of zoning district boundaries. Except where referenced and noted on the official zoning district map by a designated line and/or dimensions, the district boundary lines are intended to follow property lines, lot lines, centerlines of streets, alleys, streams and/or railroads as they existed at the time of passage of this chapter. The Zoning Inspector shall interpret the boundary lines from the official zoning district map. When and if the Zoning Inspector’s interpretation of such boundary line is disputed, the final interpretation authority shall rest with the Planning and Zoning Board.

(D) Newly annexed areas.

(1) Territory which is annexed into the village subsequent to the effective date of this chapter shall, upon the effective date of the annexation, be zoned into the ER District. Within three months from the date of annexation, the Planning and Zoning Board shall present a zoning plan for the annexed territory to the Village Commission. The Village Commission may hold a public hearing on the proposed zoning plan, as recommended by the Board. After said hearing, Village Commission shall approve, or approve with modification, the zoning plan.

(2) Nothing in this section shall prevent the owner of property within the annexed territory from applying for a zoning amendment, after the effective date of annexation, pursuant to the procedures specified in § 152.022.

(Ord. 97-5, passed 8-4-1997)

§ 152.042 ER - ESTATE RESIDENTIAL DISTRICT.

(A) Purpose. The Estate Residential District is established to permit very low-density residential development in areas of the village which may not be served by public water and sewer, to conserve such areas for more intensive future development and to provide areas for the continuance of agricultural uses.

(B) Permitted uses.

(1) Agricultural uses, as defined in division (D) below;

(2) One-family detached dwellings; and

(3) Public parks and/or public or private nature preserves, provided that over 85% of the total acreage of such facility is retained in its natural state.

(1) One-family detached dwellings, as an accessory to principal agricultural use;

(2) Private detached garages or carports;

(3) Tool/garden sheds or similar accessory structures;

(4) Temporary buildings for uses incidental to construction work, which shall be removed upon completion or abandonment of construction work;

(5) Private swimming pools, tennis courts and similar facilities for primary use by occupants of the principal use of property on which the facility is located, subject to the regulations of § 152.066(B);

(6) Dishes or other devices for the reception of television signals, provided such device is for the sole use of occupants of the principal use of the property on which the device is located, and such device is not located in any front or side yard, and complies with the provisions of § 152.066(C);

(7) Home occupations, subject to the requirements of § 152.066(E); and

(8) Temporary roadside stands, offering for sale only agricultural products grown on the premises.

(D) Agricultural uses defined. AGRICULTURAL USE means:

(1) The use of land for growing crops in the open, dairying, pasturage, horticulture, floriculture and necessary uses, including structures typically associated with the implementation of farming operations, and the residence of the person who owns or operates the farm and family thereof;

(2) The use of land for dairying and the keeping, pasturing and feeding of livestock for sale thereof or the products thereof or the products thereof and the keeping, feeding, grazing or sheltering of hoofed animals, poultry and the like;

(3) Agriculture use shall not include:

(a) Maintenance and operation of commercial greenhouses or hydroponic farms;

(b) Wholesale or retail sales as an accessory use unless specifically permitted by this section;

(d) The storage or feeding of garbage to animals or operation or maintenance of a commercial stockyard or feed lot; and

(e) Raising fur-bearing animals as a principal use.

(E) Conditional uses.

(1) Animal boarding facilities; and

(2) Golf courses and/or country clubs, provided a development plan showing the location of all facilities is submitted and approved by the Planning and Zoning Board pursuant to § 152.040(B)(7).

(F) Development standards.

(1) Lot area. For each principal permitted use, the lot area shall be not less than one acre.

(2) Minimum lot frontage. One hundred and fifty feet frontage on a dedicated, improved street or highway.

(3) Minimum front yard depth (from right-of-way line). Fifty feet.

(4) Minimum side yard width. Twenty feet.

(5) Minimum sum of side yard widths. Forty feet.

(6) Minimum rear yard depth. Fifty feet.

(7) Maximum building height. Thirty-five feet for buildings. Silos, windmills or any other structure listed as a permitted, accessory or conditional use may exceed this height provided such structures maintain a distance equal to their height to any adjacent property or zoning district.

(Ord. 97-5, passed 8-4-1997; Ord. 2010-6, passed - -2010)

§ 152.043 SR - SUBURBAN RESIDENTIAL DISTRICT.

(A) Purpose. The Suburban Residential District is established to provide for new single-family residential development at densities typical of contemporary suburban environments. The SR District is to be utilized in areas on the periphery of the village that are generally vacant at the time of development, but are served by public water and sewer. It is the intent of the SR District to discourage large concentrations of intensive development where that density would be inconsistent with the existing character of the area.

(B) Permitted uses. One-family detached dwellings.

(1) Private detached garages or carports;

(2) Tool/garden sheds or similar accessory structures;

(3) Private swimming pools, for primary use by occupants of the principal use of the property on which the pool is located, and subject to the provisions of § 152.066(B);

(4) Dishes or other devices for the reception of television for occupants of the principal use of the property on which the device is located, provided such device is not located in any front or side yard, and is located not less than 15 feet from any adjoining property lines and complies with the provisions of § 152.066(C);

(5) Home occupations, subject to the requirements of § 152.066(E); and

(6) Temporary buildings for uses incidental to construction work, which shall be removed upon completion or abandonment of the construction work.

(D) Conditional uses.

(1) Public parks and open space; and

(2) Public playgrounds.

(E) Prohibited uses. Keeping, feeding, grazing, or sheltering of hoofed animals, poultry, fowl, or the like.

(F) Development standards.

(1) Minimum lot area. Twelve thousand square feet.

(2) Minimum lot width. For each principal use, there shall be lot width of not less than 80 feet with frontage on a publicly dedicated, improved street or highway. Minimum lot width on curved street shall be 50 feet.

(3) Minimum front yard depth. Thirty feet.

(4) Minimum side yard width. Twelve feet.

(5) Minimum rear yard depth. Thirty feet.

(6) Maximum percent of lot coverage. Thirty percent.

(7) Maximum building height. Thirty-five feet.

(Ord. 97-5, passed 8-4-1997; Ord. 2023-6, passed 5-2-2023)

§ 152.044 OVR - OLD VILLAGE RESIDENTIAL DISTRICT.

(A) Purpose.

(1) The OVR District is established to provide for the continuance of single-family housing within the older portions of the village, and the allow for expansion of such uses at densities consistent with existing development, thereby encouraging private reinvestment and revitalization in such areas, and increasing the diversity of housing choice while maintaining adequate development standards.

(2) It is recognized that, since property in the OVR District is likely to be located in the older areas of the village and such areas likely to be characterized by patterns of mixed land use. Many of these mixed uses are the result of past development practices and would not be allowed under the provisions of this OVR District. It is the intent of this chapter, and this District in particular, to protect and preserve the basic property rights of such existing nonconforming uses. Specific provisions are made for the continuance, substitution and extension of such use, pursuant to § 152.026 and R.C. § 713.15.

(3) The district can also be used to allow for new development in outlying areas of the village by meeting standards intended to promote the historic neighborhood character of such new development.

(B) Permitted uses.

(1) One-family detached dwellings; and

(2) Public parks, playgrounds and open space.

(1) Private detached garages or carports;

(2) Tool and/or garden sheds;

(3) Private swimming pools, for primary use by occupants of the principal use of the property on which the pool is located, and subject to the provisions of § 152.066(B);

(5) Home occupations, subject to the provisions of § 152.066(E).

(D) Conditional uses.

(1) Churches and places of public worship, provided the seating capacity of the sanctuary is not more than 300 persons and not more than one sign not exceeding 20 square feet in size is provided;

(2) Bed and breakfast establishments, subject to the following standards.

(a) Structures shall maintain the appearance of a single-family residence and be compatible with surrounding residences, in size and scale.

(b) Lighting shall be limited to those types customarily found in residential neighborhoods. Any lights shall be arranged so as not to shine on adjacent properties.

(c) Exterior signage shall be limited to a single sign not more than four square feet in size. No signs shall be internally illuminated. External illumination of such sign shall meet the requirements of § 152.067(H)(7)(a).

(d) Not more than one person shall be employed that is not a resident of the dwelling.

(e) Accommodations shall be provided for not more than five guest rooms.

(E) Prohibited uses. Keeping, feeding, grazing, or sheltering of hoofed animals, poultry, fowl, or the like.

(F) Development standards.

(1) Minimum lot area. Six thousand square feet.

(2) Minimum lot width. Forty feet of lot width with frontage on a publicly dedicated, improved street or highway.

(3) Minimum front yard depth. Twenty feet, or the average of the existing principal structures in the same side of the street and facing thereon within the same block, whichever is less.

(4) Minimum side yard depth. Four feet.

(5) Minimum rear yard depth. Fifteen percent of lot depth, but not less than 20 feet.

(6) Maximum building height. Thirty-five feet.

(7) Additional requirements for new lots developed in the OVR District. Presently undeveloped areas outside the older portion of the village may be developed in the OVR District, subject to the following regulations.

(a) Development plan. A development plan shall be required for all new residential development within the OVR District, containing more than five dwelling units. Such development plan shall show the proposed layout of all streets, lots and buildings, as well as the location of all public spaces.

(b) Garages. All garages shall be located within the rear yard.

(c) Street trees. Street trees shall be required along all new streets developed within OVR District. The spacing of trees along streets shall be not less than 30 feet on center. A minimum of 12 feet of overall height or a minimum caliper (trunk diameter measured six inches above the ground) of at least two inches shall be required.

(d) Sidewalks. Sidewalks of not less than four feet in width shall be required for both sides of all new streets developed within the OVR District.

(e) Required open space. Not less than 20% of the total net developable area of the proposed development shall be dedicated to permanent open space parks and/or public spaces. Such open space shall be granted to a homeowner’s association, or with the approval of the Village Commission, may be granted to the village. For the purposes of this calculation, NET DEVELOPABLE AREA shall mean the area of the site proposed for development, minus public and/or private streets and/or alleys.

(Ord. 97-5, passed 8-4-1997; Ord. 2023-6, passed 5-2-2023)

§ 152.045 MH-R - MANUFACTURED HOME RESIDENTIAL DISTRICT.

(A) Purpose.

(1) The village recognizes that manufactured housing presents residential opportunities and options, especially related to cost, which are unavailable with conventional site-built housing. Nonetheless, such manufactured housing has unique development characteristics that require special treatment in regard to location, placement and land use compatibility.

(2) The Manufactured Home Residential (MH-R) District is established to provide areas for manufactured homes so as to provide a desirable residential environment, protected from adverse neighboring influences, with adequate access for vehicular traffic and circulation. These residential communities shall be developed and located so as to not promote excessive vehicular traffic on streets in adjoining neighborhoods, and shall provide overall desirability equivalent to that for other forms of residential development.

(B) Requirements generally. Permanently sited manufactured homes and modular homes, as defined in § 152.005, shall be considered as permitted uses in any district that permits single-family dwellings. Manufactured homes not meeting the criteria for permanently sited manufactured homes in § 152.005 shall only be allowed under conditions as specified in this section. Mobile homes, as defined in § 152.005 and/or R.C. § 4501.01 shall not be considered as permitted or conditional uses in this or any other zoning district in the village. A nonconforming mobile home in the MH-R District, once removed, shall not be allowed to be relocated on another lot or replaced with another mobile home. Such mobile home may be replaced by a manufactured home, provided such home meets the standards in division (C)(3) below.

(1) One- and two-family detached, semi-detached, and attached dwellings;

(2) Manufactured home communities;

(3) Individual manufactured homes not considered as permanently sited manufactured homes on single lots, provided such home is placed on a permanent foundation as defined in § 152.005 or a foundation or footing approved by the Manufactured Homes Commission pursuant to R.C. Chapter 4781, and such home was manufactured after January 1, 1995; and

(4) Public or private parks or playgrounds.

(D) Accessory uses. Uses and structures incidental and accessory to specified permitted uses to include common areas, community/recreational facilities and offices for rental and management of units therein.

(E) Conditional use. Nursery schools and/or day care centers.

(F) Prohibited uses. Keeping, feeding, grazing, or sheltering of hoofed animals, poultry, fowl, or the like.

(G) Development standards. The following standards for the arrangement and development of land and buildings are required in the MH-R District.

(1) Minimum lot area.

(a) The minimum lot area for any manufactured home community shall be ten acres. Maximum gross density shall not exceed six dwelling units per acre.

(b) Individual manufactured home lots shall be not less than 4,000 square feet.

(2) Minimum lot width.

(a) The minimum lot width for any manufactured home community shall be not less than 300 feet. Frontage shall be provided on a publicly dedicated and improved street. The ratio of width to depth shall not exceed one to five (1:5)

(b) The minimum lot width for any individual lot within such a community shall be not less than 30 feet.

(3) Minimum front yard.

(a) The minimum front yard depth for any manufactured home community shall be not less than 35 feet.

(b) For any other permitted use, the minimum front yard depth shall be 30 feet.

(4) Minimum side yard width.

(a) The minimum side yard width for any manufactured home community shall be not less than 50 feet.

(b) The minimum side yard width for any individual lot within a manufactured home community shall be not less than eight feet.

(c) For any other permitted use, the minimum side yard width shall be not less than eight feet, with at least 20 feet for the sum of side yards.

(5) Minimum rear yard depth.

(a) The minimum rear yard depth for any manufactured home community shall be not less than 50 feet.

(b) The minimum rear yard depth for any individual lot within a manufactured home community shall be not less than ten feet.

(6) Minimum lot coverage. Detached dwelling units and their accessory buildings shall not occupy more than 40% of the lot area of any individual lot within a manufactured home subdivision.

(7) Required open space and recreational areas. At least 20% of the gross land area for any manufactured home community shall be reserved for common recreational areas and facilities, such as playgrounds, swimming pools, pedestrian paths and similar facilities. Such recreational and open space facilities shall not be a part of streets and/or parking areas, and shall be closed to motorized traffic, except for service and maintenance vehicles. Such areas shall be landscaped, improved and maintained by the owner of the development for the intended uses.

(8) Off-street parking. In manufactured home communities and conditional uses, parking spaces shall be provided for two vehicles for each dwelling unit. Such parking spaces shall be located either on the same lot as the dwelling which they serve, or in specially provided common areas located not more than 600 feet from the dwelling which they serve, or some combination thereof. Required parking spaces shall not be provided on public or private streets within and on the perimeter of the community. Parking shall be so arranged that there is no maneuvering incidental to parking in the travel lane of streets.

(9) Access. All manufactured home communities shall have direct access to collector streets with a right-of-way of not less than 60 feet in width. Principal vehicular access points shall be designed to encourage smooth traffic flow. Merging and turnout lanes and/or traffic dividers shall be required where existing or anticipated traffic volumes indicate need. Minor streets shall not be connected with streets outside the district in such a way so as to encourage the use of those streets by substantial amounts of through traffic. No lot within the community shall have direct vehicular access to a street bordering the development.

(10) Streets and street layout.

(a) All streets providing access to the individual lots in a manufactured home community shall be dimensioned and improved in accordance with the standards and requirements of the subdivision regulations of the village.

(b) The proposed layout of streets within a manufactured home community shall be approved by the Planning and Zoning Board. In making such determinations, the Board may procure the assistance of an engineer or other professional. All costs associated with such approval shall be paid by the applicant prior to issuance of certificates of zoning compliance.

(11) Water and sewer. Any manufactured home community shall be provided with a water and sanitary sewer distribution system, serving each individual home lot, which is connected to the municipal water and sanitary sewage system. The design and construction of such distribution systems shall be approved by the Ohio Environmental Protection Agency and the Village Engineer.

(12) Storm drainage. All areas within a manufactured home community shall be graded and drained so as to minimize standing water and surface runoff. Open drainage ditches shall be prohibited. The proposed methods for alleviation of standing water and excessive surface runoff shall be submitted by the applicant, and approved by the village. All costs associated with such approvals shall be paid by the applicant prior to the issuance of certificates of zoning compliance.

(13) Underground utilities. Within any manufactured home community, all utility lines, including electricity, telephone and cable television shall be located underground.

(Ord. 97-5, passed 8-4-1997; Ord. 2008-6, passed 8-19-2008; Ord. 2023-6, passed 5-2-2023)

§ 152.046 AR - APARTMENT RESIDENTIAL DISTRICT.

(A) Purpose. It is recognized that housing at higher densities creates particular opportunities and problems separate and distinct from lower density development. This district is established to provide for the continuance, redevelopment and/or limited expansion of multiple-family developments in areas best equipped to accommodate such higher density development. This district can also be used to provide for other similar forms of development, such as condominiums.

(B) Permitted uses.

(1) Multiple-family structures having two or more dwellings per structure, including senior housing; and

(2) Public or private parks.

(1) Home occupations, subject to the requirements of § 152.066(E);

(2) Uses incidental and accessory to multiple-family dwellings and for exclusive use of their residents, to include common recreational facilities, community swimming pools and offices for the rental and management of units therein; and

(3) Temporary buildings for uses incidental to construction work, which shall be removed upon the completion or abandonment of construction work.

(D) Conditional uses.

(1) Nursery schools and day care centers; and

(2) Class I Type A group residential facilities, subject to the requirements of § 152.066(F).

(E) Development standards.

(1) Minimum lot area. Four thousand square feet per dwelling unit for two-family dwellings; 4,000 square feet per dwelling unit for all other multiple-family dwellings. This requirement may be reduced to 3,000 square feet per dwelling unit if approved by the Planning and Zoning Board, pursuant to division (F) below.

(2) Minimum lot width. Eighty feet of frontage on a publicly dedicated and improved street or highway.

(3) Minimum front yard depth. Thirty feet.

(4) Minimum side yard width. Twenty feet.

(5) Minimum rear yard depth. Forty feet.

(6) Maximum building height. Thirty-five feet.

(7) Minimum distance between buildings. If there are two or more buildings on a single lot, the minimum distance between buildings shall be 15 feet.

(8) Storm drainage. The application for rezoning into the AR District must include a plan showing storm drainage runoff collection points. The plan for accommodating storm drainage must be approved by the Planning and Zoning Board.

(9) Landscaping. If side or rear yards are located adjacent to any district where single-family residences are a permitted use, landscaping and screening of those yards shall be required. Such landscaping and/or screening shall consist of walls, fencing, mounding, natural vegetation or a combination of these elements, provided that such screening shall be at least seven feet high or, if natural vegetation is used, capable of reaching seven feet high within three years of planting. The application for a rezoning into the AR District shall include a site plan for the proposed screening.

(10) Development plan. In those cases where land is proposed to be rezoned from another zoning district into the AR District, a development plan, as described in § 152.040(B)(7)(a) shall be prepared and submitted to the Planning and Zoning Board, in addition to that material specified in § 152.022. The development plan shall be reviewed by the Planning and Zoning Board during the zoning amendment process. In approving a development plan, the Planning and Zoning Board shall find that the criteria specified in § 152.040(B)(7)(a) have been met.

(F) Density bonus. The Planning and Zoning Board may approve a density bonus, on a case-by-case basis, which would allow an overall density not to exceed 3,000 square feet of lot area per dwelling unit, if it finds that the following conditions exist.

(1) The subject site is 20 acres or more and a minimum of 40 dwelling units is proposed.

(2) The development is located directly adjacent to major thoroughfares, as delineated on the thoroughfare plan.

(3) Building design and site design is of high quality and buildings are integrated with the natural features and architectural context of the surrounding area.

(4) A minimum of 20% of the site is designated as permanent open space. The open space system shall provide for pedestrian and bicycle linkages to neighborhood facilities, parks, play areas. Assurances shall be provided that such open space shall be maintained by the owner of the development.

(Ord. 97-5, passed 8-4-1997)

§ 152.047 OVB - OLD VILLAGE BUSINESS DISTRICT.

(A) Purpose. The historic commercial area of the village, centered along Chillicothe Street, possesses an environmental character that is different from commercial development that is found elsewhere in the village. The purpose of the Old Village Business District is to preserve this character and encourage the reuse of existing older structures, while providing for a wide variety of small-scale “home-owned” commercial and business uses.

(B) Permitted uses.

(1) One-family detached dwellings;

(2) Administrative and business offices not carrying on retail trade with the public and having no stock of goods maintained for sale to customers including:

(a) Insurance agents and brokers and associated services;

(b) Professional, legal, engineering and architectural services, not including the outside storage or equipment; and

(3) Professional offices engaged in providing services to the general public consisting of:

(a) Medical and medical-related activities;

(b) Other health or allied medical facilities;

(d) Accounting, auditing and other bookkeeping services.

(4) Retail stores primarily engaged in selling merchandise for personal or household consumption including:

(a) Food and food products, consisting of grocery, meat, fish, fruit or vegetable markets, beverage sales or combinations thereof, but not including establishments with drive-through facilities;

(b) General merchandise, including limited price variety stores and other similar stores selling a variety of general merchandise;

(c) Specialty retail stores, including drug stores, florists, gift and novelty stores, magazines and newspapers, optical goods, jewelry, antique stores and similar specialty stores; and

(d) Other retail stores which conform to the purpose of the Old Village Business District.

(5) Personal services, involving the care of the person and his or her personal effects, including consumer services generally involving the care and maintenance of tangible property or the provision of tangible services for personal consumption including:

(a) Restaurants and taverns, but not including restaurants with drive-through facilities;

(b) Banks, savings and loans, and credit agencies, but not including establishments with drive-through facilities;

(c) Barber and beauty shops and similar personal care establishments, but not including tattoo and/or body piercing establishments;

(d) Self-service laundries and/or dry-cleaning establishments; and

(e) On-premises duplication facilities.

(6) Business services engaged in the providing of services to business establishments on a free or contract basis, consulting services, protective services, office equipment rental, lease or purchase, commercial research and development;

(7) Community facilities such as governmental offices, post office, libraries, museums, private schools, public parks and similar uses;

(8) Bed and breakfast inns; and

(9) Similar uses, which conform to the purpose of the Old Village Business District, as determined by the Planning and Zoning Board in accordance with the provisions of § 152.040(B)(5).

(1) Two or more family residences, provided such residences are developed as an accessory to a principal permitted use, are not located on the ground floor, and that the housing density standards of the AR District are met. A development plan for the project shall be submitted and approved by the Planning and Zoning Board;

(2) Public parking areas, provided a 15 feet front setback from all property lines is maintained; and

(3) Banks, savings and loans, and credit agencies and similar financial institutions with drive-through facilities.

(D) Prohibited uses. Keeping, feeding, grazing, or sheltering of hoofed animals, poultry, fowl, or the like.

(E) Development standards.

(1) Lot area. No minimum lot area is required.

(2) Lot width. No minimum lot width is required.

(3) Front yard setback. The minimum front yard setback shall be the average of existing structures on the same side of the street and facing thereon within 100 feet from the subject property. Where there are no such structures, the front yard setback shall be not less than 15 feet measured from the street right-of-way.

(4) Side and rear yards. No minimum side or rear yard shall be required, provided that the parking requirements of this chapter are met.

(5) Additional yard and pedestrian areas. Where new development in the OVB District is located adjacent to a district where residences are a permitted use, the Planning and Zoning Board may require that those yards adjacent to such residential district be landscaped and screened so as to effectively obstruct the view of parking, loading and service areas from adjacent property

(6) Drive-through facilities prohibited. With the exception cited in division (C) above, no use within the OVB District shall be developed with drive-through facilities.

(7) Parking and loading. All parking and loading areas in the OVB District shall be located in the side or rear yards.

(8) Maximum building size. Individual uses within the OVB District shall have a usable floor area of not more than 4,000 square feet, unless the use is located in an existing building, in which case such restriction shall not apply.

(9) Residential building conversion. Existing single-family residences within the OVB District may be converted to another permitted use, provided the following requirements are followed.

(a) Structures shall maintain the appearance of a single-family residence and be compatible with surrounding residences, in size and scale.

(b) Lighting shall be limited to those types customarily found in residential neighborhoods. Any lights shall be arranged so as not to shine on adjacent properties.

(c) Exterior signage shall be limited to a single nameplate not more than two square feet in size. No signs shall be internally illuminated.

(d) Storage of materials and equipment shall be within an enclosed building.

(e) All parking shall be located in the rear yard.

(Ord. 97-5, passed 8-4-1997; Ord. 2008-6, passed 8-19-2008; Ord. 2023-6, passed 5-2-2023)

§ 152.048 SB - SUBURBAN BUSINESS DISTRICT.

(A) Purpose.

(1) The Suburban Business District is established to provide areas for commercial and business uses that generate a high degree of activity dependent on high traffic volumes. These uses, by their nature, increase traffic congestion on abutting public roadways and cause specific impacts on adjacent uses.

(2) The intent of the SB District is to encourage the most compatible relationship between permitted uses and overall traffic movement within the village, while minimizing adverse impacts on adjacent land uses.

(B) Permitted uses.

(1) Use or structures specified as permitted uses in the OVB District, in § 154.047(B)(2), (B)(3), (B)(4) and (B)(5);

(2) Conditional uses as specified in § 154.047(C)(1) and (C)(2);

(3) Commercial recreational facilities such as community and public swimming pools, skating rinks, bowling alleys, physical fitness centers;

(4) Lumber and home improvement sales;

(5) Motor vehicle sales and service establishments;

(6) Hotels and motels;

(7) Garden centers;

(8) Carry out food and beverage establishments with drive-through facilities;

(9) Self-service storage facilities; and

(10) Similar uses, as determined by the Planning and Zoning Board in accordance with the provisions by § 152.040(B)(5).

(1) Self-service car washes, provided a development plan is approved, pursuant to § 152.044(E)(7)(a);

(2) Temporary or seasonal outdoor sales lots having a maximum operating duration of four months, provided a development plan, including a plan for all signage, is approved pursuant to § 152.044(E)(7)(a) and all other permits are obtained;

(3) Class I Type A group residential facilities, subject to the requirements of § 152.066(F);

(4) Class II Type A or B group residential facilities, subject to the requirements of § 152.066(F); and

(5) Tattoo and body piercing establishments, provided a plan for the management and operation of the facility, including staffing and hours, is submitted and approved by the Planning and Zoning Board.

(D) Development standards.

(1) Minimum lot area. No minimum lot area is required; however, lot area shall be adequate to provide for the required parking and yard areas.

(2) Minimum lot width. One hundred fifty feet of frontage on a publicly dedicated and improved street or highway.

(3) Minimum front yard depth. Forty feet.

(4) Minimum side yard.

(a) When abutting a nonresidential zoning district: 20 feet for structures, ten feet for paved areas; and

(b) When abutting a residential zoning district: 50 feet for structures, 35 feet for paved areas.

(5) Minimum rear yard.

(a) When abutting a nonresidential zoning district: 30 feet for structures, ten feet for paved areas; and

(b) When abutting a residential zoning district: 50 feet for structures, 35 feet for paved areas.

(6) Building height. Thirty-five feet.

(7) Parking and loading. Parking and loading requirements shall be as specified in § 152.068. In addition, parking spaces shall be designed to allow a minimum of five feet between any structure and any parked vehicle.

(8) Screening. If side or rear yards are adjacent to property in the ER, SR or OVR Districts, the screening of such yards shall be required, pursuant to the provisions of § 152.069.

(9) Trash and garbage control. All trash and garbage shall be stored in container systems which are located and enclosed so as to effectively screen them from view.

(Ord. 97-5, passed 8-4-1997)

§ 152.049 OVI - OLD VILLAGE INDUSTRIAL DISTRICT.

(A) Purpose.

(1) The OVI District is established to provide for the continuance of existing industrial uses within the older portions of the village, thereby encouraging private reinvestment and revitalization in such areas, while maintaining adequate development standards.

(2) It is recognized that property within the OVI District is likely to be located in older areas of the village, and that such areas are likely to be characterized by mixed land use. It is the intent of this chapter, and this District in particular, to protect and preserve the basic property rights of such existing industrial uses, while promoting the compatibility of such uses with adjacent neighborhoods. Specific provisions are made for the continuance, substitution and extension of such uses, pursuant to § 152.026 and R.C. § 713.15.

(3) Permitted uses within the OVI District shall comply with the following standards.

(a) Fire and explosion standards. All activities, including storage, involving flammable or explosive material shall comply with regulations as enforced by the State Fire Marshal. All standards enforced by the Occupational Safety and Health Administration shall be adhered to. Burning of waste materials in open fire is prohibited, as enforced by the Ohio Environmental Protection Agency (OEPA).

(b) Air pollution. No emission of air pollutants shall be permitted which violates the Clean Air Act, being 33 U.S.C. §§ 1251 et seq., as enforced by the OEPA.

(c) Glare, heat and exterior light. Any operation producing intense light or heat, such as high temperature processes like combustion, welding or otherwise, shall be performed within and enclosed building and not be visible beyond the lot line bounding the property whereon the use is conducted.

(d) Liquid or solid wastes. No discharge at any point into any public sewer, private sewage disposal system or stream, or onto the ground, of any materials of such nature or temperature as may contaminate any water supply or interfere with bacterial processes in sewage treatment, shall be permitted. The standards of the OEPA shall apply.

(e) Vibration and noise. No uses shall be located and no equipment shall be installed in such a manner as to produce intense, earth shaking vibration which is discernable without instruments at or beyond the property line of the subject premises. Noise standards of the OEPA shall be adhered to.

(f) Odors. The applicable standards of the OEPA shall be adhered to.

(g) Open storage and display of material and equipment. The open storage and display of material and equipment incidental to permitted uses shall be permitted, provided the area used for open storage shall be effectively screened from all adjoining properties in any residential district by means of walls, fences or plantings. Walls or fences shall be a minimum of six feet in height without advertising thereon. In lieu of such wall or fence, a strip of land not less than ten feet in width, planted and maintained with an evergreen hedge or dense planting of evergreen shrubs not less than four feet in height at the time of planting may be substituted.

(B) Permitted uses.

(1) Manufacturing, compounding, processing, assembling, packaging, or treatment of goods, materials and products, consistent with the purpose of the OVI District;

(2) Warehousing, wholesale establishments, manufacturing retail outlets, distribution and related uses, including truck and transfer terminals;

(3) Administrative, professional and business offices associated with and incidental to another permitted use; and

(4) Similar uses, as determined by the Planning and Zoning Board, in accordance with the provisions of § 152.040(B)(5), and the purpose of the Old Village Industrial District.

(D) Minimum development standards.

(1) Minimum lot area. No minimum lot size is required; however sufficient area shall be provided to meet the requirements of this division (C)(1) through division (C)(5) below.

(2) Minimum lot width. No minimum lot width is required; however, all lots shall abut a publicly dedicated and improved street and shall have adequate width to provide for yard spaces and parking areas.

(3) Side yards. When the lot abuts a residential zoning district, the required side yard shall be not less than 25 feet. When the lot abuts a nonresidential zoning district, the required side yard shall be not less than ten feet for structures and paved areas.

(4) Front yard depth. Front yard depth shall be equal to or more than the average of the five nearest structures on the same side of the street. In those cases where there are no structures on those properties adjacent to the subject property, the front yard depth shall be not less than 25 feet from the right-of-way of the street on which the property has frontage.

(5) Minimum rear yard depth. Minimum rear yard depth shall be at least 25 feet.

(6) Height. No structure shall exceed a height of 80 feet.

(7) Trash and garbage control. All trash and garbage shall be stored in container systems which are located and enclosed so as to effectively screen them from view.

(Ord. 97-5, passed 8-4-1997; Ord. 2008-6, passed 8-19-2008; Ord. 2023-6, passed 5-2-2023)

§ 152.050 I - INDUSTRIAL DISTRICT.

(A) Purpose.

(1) The purpose of the Industrial District is to provide suitable areas for a range of industrial activities, while protecting the character of nearby residential and commercial areas.

(2) Permitted uses within the Industrial District shall comply with the following minimum standards:

(b) Air pollution. No emission of air pollutants shall be permitted which violates the Clean Air Act, being 33 U.S.C. §§ 1251 et seq., as enforced by the OEPA.

(d) Liquid or solid wastes. No discharge at any point into any public sewer, private sewage disposal system, or stream, or onto the ground, of any materials of such nature or temperature as may contaminate any water supply or interfere with bacterial processes in sewage treatment, shall be permitted. The standards of the OEPA shall apply.

(f) Odors. The applicable standards of the OEPA shall be adhered to.

(B) Permitted uses.

(1) Manufacturing, compounding, processing, assembling, packaging, or treatment of goods, materials, and products, consistent with the purpose of the I District;

(2) Warehousing, wholesale establishments, manufacturing retail outlets, distribution and related uses, including truck and transfer terminals;

(3) Administrative, professional and business offices associated with and incidental to another permitted use; and

(4) Similar uses, as determined by the Planning and Zoning Board, in accordance with the provisions of § 152.040(B)(5), and the purpose of the Industrial District.

(1) Motor vehicle storage and salvage yards, provided those uses meet applicable state requirements related to fencing and other standards, and a development plan is approved pursuant to § 152.040(B)(7);

(2) Contractor equipment and storage yards, provided adequate fencing and screening devices are installed;

(3) Quarrying or mining operations, provided that all county, state and federal regulations are met and licenses are obtained and a development plan is approved pursuant to § 152.040(B)(7). The Planning and Zoning Board may impose additional requirements as may be reasonable and appropriate;

(4) Structures and sites associated with drilling for oil and/or natural gas; and

(5) Sanitary landfills and similar facilities for the processing and/or disposal of waste materials, provided that all required licenses and permits are obtained and a development plan is approved pursuant to § 152.040(B)(7). The Planning and Zoning Board may impose additional requirements as may be reasonable and appropriate.

(D) Prohibited uses. Keeping, feeding, grazing, or sheltering of hoofed animals, poultry, fowl, or the like.

(E) Minimum development standards.

(1) Minimum lot area. No minimum lot size is required; however all principal and subordinate uses and structures, including parking and paved areas, shall be located not less than 100 feet from any district where residences are a permitted use, and not less than 50 feet from any other zoning district.

(3) Side yards. When the lot abuts a residential zoning district, the required side yard shall be not less than 100 feet for structures and 50 feet for paved areas. When the lot abuts a nonresidential zoning district, the required side yard shall be not less than 50 feet for structures and paved areas.

(4) Front yard depth. Any structure or parking area must be located not less than 50 feet from the right-of-way of the street or highway on which the use has frontage.

(5) Minimum rear yard depth. Minimum rear yard depth shall be at least 50 feet.

(6) Height. No structure shall exceed a height of 50 feet.

(7) Trash and garbage control. All trash and garbage shall be stored in container systems which are located and enclosed so as to effectively screen them from view.

(Ord. 97-5, passed 8-4-1997; Ord. 2023-6, passed 5-2-2023)

§ 152.051 SU - SPECIAL USE DISTRICT.

(A) Purpose.

(1) SPECIAL USE, as used throughout this chapter, means facilities classified as main and accessory uses listed in division (B) below.

(2) The SU District and regulations are established in order to achieve the following purposes:

(a) To regulate the location and standards for development of such uses and structures so as to ensure their proper functioning in consideration of traffic, access and general compatibility; and

(b) To protect listed uses from the encroachment of particular incompatible uses and to promote their compatibility with adjoining residential uses.

(B) Permitted uses. Buildings and land within the SU District shall be utilized only for the uses set forth in the following schedule:

Main Buildings/Uses	Accessory Buildings/Uses
Cemeteries.	Signs, maintenance facilities, mausoleums
Civic. Art galleries, libraries, museums, and similar places for public assembly; memorials, monuments, fraternal organizations and private clubs	Maintenance facilities. Bulletin boards and signs as hereinafter regulated
Commercial recreational facilities. Private parks, golf courses, swim clubs, recreation fields and playgrounds, and similar facilities, not including such facilities developed for private use by occupants or residents of the premises	Parking areas, clubhouses, administrative and maintenance structures, signs
Communication:. Cellular telephone towers; radio and television antennas and towers
Educational. Primary and secondary public, private or parochial schools, nursery schools	Parking areas, playgrounds, signs
Health care. General and special hospital and clinics, convalescent centers, institutions for care of children or senior citizens	Parking areas, signs
Infrastructure. Buildings housing equipment and offices related to the provision of essential services, but not including actual lines and smaller structures such as pump stations	Parking areas, signs
Mixed use developments. Single parcels of land on which a variety of housing types and densities, perhaps with subordinate commercial public, institutional or other nonresidential uses, are accommodated in a planned environment	Parking areas, signs
Religious. Churches and places of worship	Maintenance facilities and parking areas, signs
Senior citizen housing. Including senior apartment and condominium projects; assisted and/or extended care facilities; retirement centers	Parking areas, signs
Signage. Billboards

(D) Development standards.

(1) The area or parcel of land for a special use shall not be less than that required to adequately provide for the main building, accessory buildings and uses, off-street parking, set backs, yards and open spaces to accommodate the facility and maintain the character of the neighborhood. The suitability of the area or parcel of land for a permitted special use shall be approved by the Planning and Zoning Board through review of the development plan, pursuant to division (E) below.

(2) In mixed use developments, the overall residential density of the development shall not exceed four dwelling units per acre. The calculation of such density shall be based on the total number of dwelling units divided by the area proposed for residential use.

(3) Senior citizen housing developed in the SU District shall comply with the development standards of the AR District.

(4) Commercial development permitted in the SU District as part of a mixed-use development shall comply with the development standards of the SB District. Industrial development permitted in the SU District as part of a mixed-use development shall comply with the development standards of the I District.

(D) Yard regulations.

(1) Front yards. The front yard setback shall be not less than the largest required front yard setback for any adjacent zoning district.

(2) Side and rear yards. The yards for each building or structure in the SU District shall be not less than the criteria set forth in the following schedule when adjacent to any district where residences are a permitted use.

Main Building/Uses	Minimum Side/Rear Yards (ft.)
Civic. Non-assembly buildings	50
Assembly buildings	75
Educational. Public, private and parochial schools	75
Health care. Buildings	50
Senior citizen housing	50
Religious. Churches and planned public worship	75
Mixed use developments.	(to be determined by Planning and Zoning Board during review)
Infrastructure. Buildings	50
Communication. Antennas or antenna towers	100% of the height
Commercial recreation: facilities. Buildings	75
Signs. Billboards	75

(a) If the proposed special use is located adjacent to a nonresidential zoning district, then the side and rear yards shall be not less than the largest yard required in that district.

(b) If side or rear yards are adjacent to a district where single-family residential uses are a permitted use, the screening or buffering of such yards shall be required, pursuant to § 152.069.

(E) Approval By Planning and Zoning Board. In addition to the material required for the application for a zoning amendment, as specified in § 152.022(C), a development plan shall be submitted for land proposed to be zoned into the SU District. Such development plan shall include all the information and material required pursuant to § 152.040(B)(7). In making its recommendation to the Village Commission on the proposed placement of land into the SU District, the Planning and Zoning Board may propose modification to the development plan as submitted. The construction of all buildings and development of the site within the SU District shall be in conformity and compliance with the development plan as approved by the Planning and Zoning Board.

(F) Action by Village Commission. In approving the redistricting of land into the SU District, the Village Commission may specify appropriate conditions and safeguards applying to the specific proposed facility.