Struthers City Zoning Code
TITLE NINE
Supplemental Zoning Requirements
1151.01 NONCONFORMING USES.
The lawful use of a building or land existing at the time of the adoption of Ordinance 2816, passed January 5, 1949, may be continued, although such use does not conform to the regulations of the district in which it is maintained. An existing nonconforming use may be extended throughout a building, provided no structural alterations are made. An existing nonconforming use of a building or premises may be changed to another nonconforming use of the same or a higher classification, but no building or premises in which a nonconforming use has been changed to a more restricted use, shall again be devoted to a less restricted use.
In a Residence A District, Residence B District or a Residence C District, wherever a nonconforming use of a building or portion thereof has been discontinued for a period of at least one year, such nonconforming use shall not thereafter be reestablished and the future use shall be in conformity with the provisions of this Zoning Ordinance.
Any nonconforming building or structure damaged by fire, explosion, flood or act of God may be reconstructed and used as before such calamity, providing the building is not
substantially destroyed.
(1955 Code. §1151.01)
1151.02 COMPLETION AND RESTORATION OF EXISTING BUILDINGS.
Nothing herein contained shall require any change in the plans, construction or intended use of a building, for which a building permit was issued prior to the effective date of Ordinance 2816 passed January 5, 1949, and the construction of which shall have been diligently prosecuted within six months of the date of such permit, and the ground story framework of which, including the second tier of beams, shall have been completed according to such plans as filed within two years from the date of the passage of Ordinance 2816 passed January 5, 1949. Nothing herein contained shall prevent the restoration of a wall declared unsafe by the Building Inspector.
(1955 Code. §1151.02)
1153.01 HEIGHT AND BULK REGULATIONS.
Except as otherwise provided, no building, structure or premises shall be used so as to produce greater heights, smaller yards or less unoccupied area and no building shall be occupied by more families than otherwise required for such building for the district in which it is located. No lot which is now or may be hereafter improved as herein shall be smaller than prescribed by this Zoning Ordinance and no yard, court or open space provided about any building as shown on the plat thereof, accompanying the application for a building permit for the purpose of complying with the provisions hereof, shall again be used as a yard, court or other open space for another building.
(1955 Code. §1153.01)
1153.02 EXCEPTIONS AND REQUIREMENTS.
Parapet walls not exceeding four feet in height, chimneys, ventilators, cooling towers, elevators, bulkheads, tanks, water towers, radio towers, ornamental towers, monuments, cupolas, domes and spires may be erected above the height limits herein established.
Every part of a yard required herein shall be open from the lowest point to the sky unobstructed, except for the ordinary projections of window sills, belt courses and other ornamental features to the extent of not more than four inches.
In any residence district, the rear yard requirements and lot area per family requirements may be reduced ten percent on a corner lot.
Cornices may not extend more than eighteen inches into any yard.
Fireproof outside stairways, open or lattice enclosed, iron fire escapes or solid floored balconies opening upon fire towers, may project into a side yard or a rear yard a distance of not more than four feet.
Accessory buildings in residence districts shall not be nearer than three feet to any property line.
Chimneys or flues may be erected within the limits prescribed for yards, provided they do not exceed five square feet in total horizontal area.
No building in the rear of a principal building on the same lot, shall be used for residence purposes except for domestic employees of the owner or tenants of the principal building, unless such rear building conforms to the open space requirements in this Zoning Ordinance for a principal building and shall have on the same lot an easement of access at least ten feet wide, unoccupied to a street, in addition to any other open space requirements of this Zoning Ordinance. Such building shall not be over two stories high and shall not be within thirty feet of any other building not an accessory building.
(1955 Code. §1153.02)
1155.01 CONSTRUCTION AND MAINTENANCE PROHIBITED.
No person shall construct or have constructed for and on his behalf a garage or basement for the purpose of providing living quarters therein; and no person shall maintain a home in a garage or basement either on a temporary basis or on a permanent basis.
(1955 Code. §1155.01)
1155.02 ISSUANCE OF PERMIT FORBIDDEN.
No permit shall be issued to any person who desires to construct a garage or basement for the purpose of providing living quarters therein.
(1955 Code. §1155.02)
1155.99 PENALTY.
Whoever violates any provision of this chapter shall be fined not more than one hundred dollars ($100.00). The Zoning Commissioner shall have the authority to institute whatever proceeding is necessary to terminate or abate such practice either by injunction or having the garage or basement which has been converted into living quarters declared a nuisance. (1955 Code. § 1155.99)
1161.01 FACILITIES REQUIRED.
No person shall convert or construct a multiple family dwelling to accommodate two or more families or construct an apartment to house two or more families without providing such tenants or persons intending to utilize such dwelling with adequate off-street parking facilities. (1955 Code. §1161.01)
1161.02 SUBMISSION OF PLAN.
The Zoning Commissioner is hereby directed to have each and every applicant interested in converting or constructing a multiple family dwelling, file with him a set of plans clearly showing that off-street parking facilities have been provided in connection with the use of a multiple family dwelling. It is further provided that in the event adequate off-street parking facilities are not provided for, then the Zoning Commissioner shall not issue a permit for the conversion or construction of the multiple family dwellings.
(1955 Code. §1161.02)
1161.03 OFF-STREET PARKING
(a) No building or structure shall be erected or structurally altered, in or within three hundred feet of a residential zone for use for motion pictures, vaudeville shows or theatrical entertainments of any kind, where an admission fee is to be charged and regular performances are to be given, or for use for a supermarket, shopping center, funeral home,
hotel, hospital, school, apartment, bowling alley, dance hall, establishment for the sale and consumption on the premises of alcoholic beverages, food or refreshments, stadium or auditorium unless space suitable and available for parking the vehicles of patrons, guests, customers or occupants of such proposed establishment is provided on the parcel of land upon which such building is located, or on other private property not more than three hundred feet distant (inclusive of streets and alleys) from any entrance to such building or structure. The amount of parking space so provided shall be as follows:
Type of Building | Parking Spaces |
Places for theatrical entertainments of any kind, including motion pictures, where a fee is charged. | 1 for each 10 seats |
Supermarkets or shopping centers, 3,000 square feet or over | 1 for each 300 square feet |
Funeral homes | 1 for each 100 square feet of ground floor area |
Hotels | 1 for each 6 guest bedrooms |
Hospitals | 1 for each 3 rooms |
Schools | 1 for each 2 classrooms |
Multiple dwellings and apartments | 1 for each dwelling unit |
Bowling alleys | 4 for each alley |
Dance halls | 1 for each 100 square feet of area used for dancing |
Establishments for the sale and consumption on the premises of alcoholic beverages, food or refreshments, of 1,000 square feet or more | 1 for each 200 square feet |
Stadiums, sport arenas or auditoriums | 1 for each 8 seats |
(b) The plans and specifications, accompanying the application for permit, shall show the locations, size and suitability of the parcels of land to be used for such parking space, and shall set forth the facts showing the title and right of the applicant to use such parcels for the parking of vehicles of patrons, guests, customers or occupants of the proposed establishment, so long as it shall be in operation.
(c) Whenever a parking lot or a driveway to a parking lot is hereafter laid out to adjoin the side or rear line of a lot in a residence district, a solid masonry wall or substantial slightly tight fence five feet high shall be constructed and maintained along such side or rear lot line, except where it would project beyond a required building line. The lighting, including permitted illuminated signs on such parking lot or driveway shall be reflected away from residential areas and so arranged as to cause no annoying glare thereto.
(d) In any use, district driveways and parking spaces for the use of more than four motor vehicles shall be surfaced and drained to confine dust and splashing therefrom to the premises.
(e) The Board of Appeals may, when in its opinion the best interests of the community will be served thereby, permit temporarily or permanently, the use of land in a residence district for a parking lot where the land abuts, or is across the street from a district other than a residence district on condition that:
(1) The lot is to be used only for the parking of passenger automobiles of employees, customers, patrons or guests of the person or firm controlling and operating the lot, who shall be responsible also for its maintenance.
(2) No charge is to be made for parking on the lot.
(3) The lot is not to be used for sales, repair work or servicing of any kind.
(4) Entrance to and exit from the lot are to be so located as to do the least harm to the residence district.
(5) No advertising sign or material is to be located on the lot.
(6) Whatever setback building lines would be required on the land if used for residence purposes are to be maintained when it is used as a parking lot and all parking shall be within such lines, except as specifically authorized by the Board of Appeals.
(Ord. 3813. Passed 12-5-56.)
CODIFIED ORDINANCES OF STRUTHERS