Uhrichsville City Zoning Code
CHAPTER 1141
General Provisions
1141.01 TITLE.
Title Three of the Part Eleven - Planning and Zoning Code shall be known and cited as the Zoning Code Amendments of 2012.
(Ord. 13-12. Passed 8-9-12.)
1141.02 INTENT AND PURPOSE.
These Zoning Code Amendments framed and recommended by the Planning Commission of the City of Uhrichsville and adopted by the Council of said City as Ordinance No. 13-12 on the 9th day of August, 2012 change, amend and otherwise reform the existing Zoning Code known as Ordinance 1325, passed 02-24-1978, as well as any previous amendments thereto.
(Ord. 13-12. Passed 8-9-12.)
1141.03 AUTHORITY.
Authority to amend a zoning code is granted to the City by ORC 713.06 and 713.07.
(Ord. 13-12. Passed 8-9-12.)
1141.04 INTERPRETATION AND CONFLICT.
In its interpretation and application, the provisions of this Zoning Ordinance shall be held to be minimum requirements, adopted for the promotion of the public health, safety, convenience, comfort, prosperity and general welfare. Wherever the requirements of this Zoning Ordinance are at a variance with the requirements of any other lawfully adopted rules, regulations or Ordinances, the most restrictive, or that imposing the highest standards, shall govern.
(Ord. 13-12. Passed 8-9-12.)
1141.05 VALIDITY AND SEVERABILITY.
Should any section or provision of this Zoning Ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the Zoning Ordinance as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid.
(Ord. 13-12. Passed 8-9-12.)
1141.06 REPEAL OF CONFLICTING ORDINANCES.
All Ordinances, or parts of Ordinances in conflict with this Zoning Ordinance or inconsistent with the provisions of this Zoning Ordinance are hereby repealed and declared null and void and of no effect.
(Ord. 13-12. Passed 8-9-12.)
1141.07 ROLE OF PLANNING COMMISSION.
Per order of the Council of the City of Uhrichsville, the City Planning Commission convened for the purpose of reviewing, revising, rewriting and amending all existing Ordinances that apply to zoning in said City. Upon completing the order of Council, the City Planning Commission presented its recommendations to Council for further action. Such recommendations are the basis for this Zoning Ordinance. (Ord. 13-12. Passed 8-9-12.)
1141.08 EFFECTIVE DATE.
(a) Date of Public Hearing: May 2, 2012.
(b) Date of publication of Notice for Public Hearing: April 1st and 8th 2012.
(c) Date of Adoption of this Zoning Ordinance by the Council of the City of Uhrichsville, Ohio: August 9, 2012.
(d) Date this Zoning Ordinance shall take effect: September 7, 2012.
(Ord. 13-12. Passed 8-9-12.)
1141.09 GENERAL REGULATIONS.
Except as herein provided, no building or structure shall be erected, converted, enlarged, reconstructed, moved or structurally altered, nor shall any building or land be used:
(a) Except for a purpose permitted in the district in which the building or land is located;
(b) Except in conformance to the height or bulk limits established herein for the district in which the building or use is located;
(c) Except in conformance to the yard and lot regulations of the district in which the building or use is located;
(d) Except in conformance to the off-street parking and off-street loading space regulations of the district in which the building or use is located;
(e) Unless such building or structure is located on a lot as herein defined; and in no case shall there be more than one (1) main building on a lot except as specifically provided herein.
(Ord. 13-12. Passed 8-9-12.)
1141.10 YARD REQUIREMENTS FOR CORNER AND THROUGH LOTS
(a) In any district the side yard of a corner lot that abuts the side street shall have the same setback requirements as the front yard.
(b) A rear yard shall be provided parallel to and opposite from the front yard.
(c) On through lots the front yard requirements shall apply to all street frontages.
(Ord. 13-12. Passed 8-9-12.)
1141.11 LOTS ADJOINING ALLEYS.
In calculating the area of a lot that adjoins an alley, for the purpose of applying lot area requirements of this Zoning Ordinance, one-half (½) of the width of such alley R-O-W abutting the lot shall be considered as part of such lot.
(Ord. 13-12. Passed 8-9-12.)
1141.12 ACCESSORY BUILDINGS.
(a) In a residential zone, no garage or other accessory building shall be erected within a required side yard or front yard.
(b) Corner lot accessory buildings must be placed within the boundaries of the required rear yard.
(c) No detached accessory building measuring up to three hundred (300) square feet in Residential and District shall exceed one (1) story or twelve (12) feet in height and no detached accessory building in Residential and District measuring from 301-600 square feet shall exceed one (1) story or 15' in height.
(Ord. 13-12. Passed 8-9-12.)
1141.13 SWIMMING POOLS.
(a) Under this Zoning Ordinance a "private swimming pool" shall be defined as follows: 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 (1 ½) feet. No such swimming pool shall be allowed in any "R" District except as an Accessory Use and unless it complies 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) Such pool, including any walks or paved areas or accessory structures adjacent thereto shall not be located closer to the property line than authorized by the setback requirements of Section 1153.06(b) and (c) of the Zoning Ordinance and shall be at least ten (10) feet to the rear of the main building.
(3) Every swimming pool and the equipment and appurtenances thereof, or the entire property on which it is located, shall be completely walled or fenced so as to prevent uncontrolled access by children from the street or from adjacent properties. Such fences or walls shall meet the requirements of Section 1141.14(a)(1) of this Zoning Ordinance. A dwelling, house or accessory building may be used as part of such enclosure. Such fence or wall shall be not less than four (4) feet in height and maintained in good condition, with a gate and lock. All gates or doors opening through such enclosure shall be equipped with a lock and with a self-closing and self-latching device for keeping the gates or doors securely closed at all times when the pool is not in actual use or is unattended. Alternately, the swimming pool may be constructed or situated in such a way that there is no less than a four (4) feet barrier, deck, stiff side or other construction that is equivalent to a fence or barrier that has a four (4) foot height. (Examples include four (4) foot stiff sided above ground pools with the ladder removed and stored away from the pool when not in use or decks around above ground pools at least four (4) foot in height in which access is blocked in such a way that is equivalent to or greater than a four (4) foot high enclosure.)
(4) The swimming pool shall not be located under any electric lines or utility lines of any type. The movement of any such electric or utility lines in order to accommodate a swimming pool shall be at the expense of the property owner.
(b) No swimming pool shall be located within a residential side yard or front yard.
(c) The safety provisions of this section shall be applicable to all new pools thereafter constructed and shall apply to all existing pools. The owners of existing pools shall have sixty (60) days from the effective date of this section to comply with its provisions.
(d) Each homeowner will have twenty-one 21 days to install the proper fencing as required by this section.
(e) All hot tub covers must be equipped with a child-resistance locking device, so as to sufficiently prohibit a child from uncovering the hot tub.
(f) A permit, obtained from the City Administration, must be obtained prior to the installation of any new pool on a parcel contained in the City.
(g) The Police Department shall be permitted to cause a pool to be drained if the property owner has failed to comply with any provision herein.
(Ord. 17-20. Passed 7-9-20.)
1141.14 FENCES, WALLS AND HEDGES.
No fence shall be erected and no wall shall be constructed without presenting to the Zoning Inspector a scaled drawing which shows the location of the proposed fence or wall in relationship to the property lines and all existing or proposed buildings. The drawing shall show the location of the property marker pins as set by a Registered Professional Surveyor.
(a) Non corner lots:
(1) Side and rear yards: No fence or wall shall exceed six (6) feet in height unless it is ten (10) or more feet from the property line. In residential zones, chain link, wire or wire mesh fences shall not exceed five (5) feet in height unless ten (10) or more feet from the property line. Side yard fences and walls shall not extend forward of the house or front setback line. All fences shall be constructed with supporting fence posts placed facing the interior of the lot.
(2) Front yard: No fence or wall shall exceed three (3) feet in height in height above the ground; be made of wire or chain link.
(b) Corner and double frontage lots: Fences and walls on both streets shall meet above front yard requirements.
(Ord. 13-12. Passed 8-9-12.)
1141.145 FENCE REGULATIONS.
(a) Purpose. Fence regulations are established in order to protect the public health, safety and general welfare by establishing regulations controlling the use of fences, in order to ensure property owners of privacy, security, and personal preference in landscape design within their properties, with consideration of the surrounding environment, the appearance of the community as a whole, and the safety of the public and the individual.
(b) Definitions. As used in these regulations:
(1) "Fence" means any structure composed of wood, metal, stone, brick or other material directed in such a manner and location so as to enclose, partially enclose or divide any premises or part of premises for the purpose of confinement, screening, partition, or decoration.
(2) "Privacy fence" means a fence made to inhibit public view and provide seclusion.
(3) "Ornamental fence" means a fence usually made of wood construed for its beauty or decorative effect.
(4) "Chain link fence" means a fence usually made of metal consisting of loops or wire interconnected by a series of joined links.
(5) "Barb wire fence" means a fence made with metal wire having sharp points or barbs along its length.
(c) Application. The provisions of these fence regulations apply to any zoning district, except where expressly provided herein.
(d) Fence Standards for All Districts.
(1) Permit and Inspection Required. No fence shall be constructed prior to the issuance of a permit by the City Service Director. Applications for permit shall include plans or drawings having the actual and accurate shape and dimensions of the property on which the fence is to be built; the exact height, location, length, type of material, color, and type of construction of proposed fence; the location of all buildings on the lot; or any other information deemed necessary by the City Service Director. The City Service Director shall review each application to determine its compliance with the provisions of these regulations. Each property owner shall determine property lines and verify that the proposed fence does not encroach upon another lot or parcel of land. The issuance of a permit by the City Service Director shall not be construed to mean the City of Uhrichsville has determined the fence is not encroaching upon another lot, nor shall it relieve the property owner of the duty imposed herein.
(2) Materials, Maintenance and Repair. Approved fencing and wall material include wood, metal, vinyl material, synthetic look-a-like products or other materials. Chain link fences shall be permitted for use on single family lots if they are located in the side or rear yard and approved by the City Service Director. The smooth finished side of the fence shall be the side of the fence that faces outward from the yard being fenced. All the framing or support members shall face the property owner (inward). Fences and walls shall be maintained in good repair, be structurally sound, and be attractively finished at all times by the owner of the lot on which such fences are located.
(3) Height and Location. The permitted height of a fence shall be determined by its location on the property as follows:
A. Front yards. Ornamental fences only may be erected in front yards. Examples of permitted ornamental fences are picket fences, split rail fences, wrought iron fences, and other fences approved by the City Service Director. The fence must be parallel to the building line, to a height not exceeding four (4) feet six (6) inches. The fence must be located at least two (2) feet off of the sidewalk. Chain link and privacy fences are not permitted in front yards. Such front yard fences may not be any closer than two (2) feet off of the front and side property lines.
B. Side and rear years.
i) Ornamental fences may be erected in side and rear yards parallel with a common property line or street right-of-way area, to a height not to exceed six (6) feet.
ii) Chain link fences subject to the standards set for herein shall be permitted in side and rear yards parallel to a common property line or street right-of-way area, to a height not to exceed six (6) feet.
iii) Privacy fences shall be permitted in rear and side yards only. The permitted height of privacy fences in side yards is as follows: (1) No more than six (6) feet in height for the section of privacy fence running from the front corner of the residential structure to the rear of the parcel; and (2) No more than four (4) feet six (6) inches for the section of the privacy fence running from the front corner of the residential structure to the front of the parcel.
iv) Side and rear yard fences must be a minimum of two (2) feet off of the property line of street right-of-way area.
C. Comer lot. Where a rear or side yard abuts a street, privacy fences otherwise permitted in a side or rear yard shall not extend into side or rear yards on the street side, absent prior approval of the City Service Director. However, this provision shall not prohibit permitted rail or split rail fence to be erected in such side or rear yards parallel to and not nearer than two (2) feet from the side or rear property line, height not to exceed four (4) feet, six (6) inches.
(4) Uniform Design. All fences on a single parcel shall have a unified style for all fence segments visible from off the premises for any single direction, unless otherwise specifically approved by the City Service Director.
(5) Location in regard to Sidewalks. Fences are prohibited to extend further than the existing sidewalk. If no sidewalk exists, the property owner may be required to set back the fence far enough to allow the installation of a sidewalk in the future, if deemed necessary in the discretion of the City Service Director.
(6) Similar Character Fences. The City Service Director may permit other fences which are similar in character and design to one or more of the fences permitted herein.
(7) Prohibited Fences. Unless provided for elsewhere herein, the following fences are prohibited:
A. Above-ground electrified fences, barbed wire, razor wire, or sharp-edged fences;
B. Snow fencing or construction fencing, except during appropriate weather and construction conditions; and
C. Welded wire fencing.
(e) Appeal. Should the City Service Director fail or refuse to issue a permit after proper application has been made thereof, a property owner may appeal the failure or refusal to the City Board of Zoning Appeals. The City Board of Zoning Appeals shall have the power to approve applications upon appeal and the power to permit variances after hearing, in accordance with the established rules of the City Board of Zoning Appeals. The power to grant variances to these fence regulations shall include, but are not limited to, the authority to grant variances with respect to prohibited fences. A property owner seeking a variance with the City Board of Zoning Appeals shall follow all the rules and procedures currently in force for the granting of variances regarding the City Zoning Code.
(f) Fee. A property owner desiring to build or install a fence in the City shall pay an application fee as prescribed by City Council.
(g) Non-conforming Fences. Fences existing as of the date of enactment of these fence regulations shall be allowed to remain. However, the replacement of non-conforming fences is strictly prohibited. (Ord. 11-20. Passed 7-23-20.)
1141.15 REMOVAL OF SOIL, SAND OR OTHER MATERIAL.
The use of land for the removal of top soil, sand or other material from the land other than materials from basement excavations is not permitted in any zone except under a temporary permit from the Board of Zoning Appeals; this permit may be denied or issued in appropriate cases after the filing of an application accompanied by a suitable agreement or bond that such removal will not cause stagnant water to collect or leave the surface of the land, at the expiration of such permit, in an unstable condition, or unfit for the growing of turf or for other land uses permitted in the district in which such removal occurs.
(Ord. 13-12. Passed 8-9-12.)
1141.16 RESIDENTIAL SERVICES.
Essential services shall be allowed in any district insofar as permitted, authorized, or regulated by law or other essential service may be permitted in any district when approved by the Planning Commission. In granting such permission, the Planning Commission shall take into consideration the location, size, use and effect such building will have on the adjacent land and buildings.
(Ord. 13-12. Passed 8-9-12.)
(Ord. 13-12. Passed 8-9-12.)
1141.17 EXTERNAL EFFECTS.
No land, building or structure in any district shall be used or occupied in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable fire, explosive, or other hazard; noise, brilliant light, vibration; smoke, dust, fumes, odor or other form of air pollution; heat, cold, dampness, electrical or electronic disturbances, nuclear radiation, or any other condition, substance or element as per applicable federal standards to any person or property outside of the premises on which such building, structure or use is located; such uses when lawfully permitted under the provisions of this Zoning Ordinance shall be operated in a manner so as to insure that the property rights of all other parcels of land will not be adversely affected to the extent of reducing the enjoyment of property rights thereon.
(Ord. 13-12. Passed 8-9-12.)
1141.18 OUTDOOR STORAGE AND WASTE DISPOSAL.
Every use shall be operated in accord with the following provisions:
(a) No highly flammable or explosive liquids, solids or gases shall be stored in bulk above ground except in an industrial district. Tanks or drums of fuel directly connected with heating devices or appliances located on the same lot as the tanks or drums of fuel are excluded from this provision;
(b) All outdoor storage facilities for fuel, raw materials and products shall be enclosed by a fence, wall or planting to conceal such facilities from adjacent residential property;
(c) No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by wind, flood or natural causes or forces;
(d) All materials or wastes which might cause fumes, dust or which constitute a fire hazard or which may be edible or attractive to rodents or insects shall be stored outdoors only in closed containers constructed of impervious material.
(Ord. 13-12. Passed 8-9-12.)
1141.19 PROJECTIONS INTO REQUIRED YARDS.
(a) Chimneys, flues, sills, pilasters, cornices, eaves, gutters and other similar features may not project into a required side yard.
(b) Front yards: No structure including unroofed porches and steps may project into a required front yard; however, may extend from the dwelling into the required front yard.
(c) No structure may project into a required side yard except that, where a single lot under one ownership existed in a residential district at the time of passage of this Zoning Ordinance, and such lot is of insufficient width to meet the side yard requirements of this Zoning Ordinance, the Board of Zoning Appeals may grant a minimum variance to permit the construction of a one-family residence.
(Ord. 13-12. Passed 8-9-12.)
1141.20 EXCEPTIONS TO HEIGHT LIMITATIONS.
Chimneys, domes spires and necessary mechanical appurtenances and radio and television towers may exceed district height limitations.
(a) Public, semi-public or public service buildings, hospitals, institutions or schools, where permitted, may be erected to a height not exceeding ninety (90) feet when the required side and rear yards are each increased by one (1) foot for each foot of additional building height above the height regulations for the district in which the building is located, provided, however, that prior to the issuance of a zoning permit for any structure which is planned to exceed thirty-five (35) feet in height, the Planning Commission shall make a finding that any such excessive height will not be detrimental to the public safety; to the light, air or privacy of any other structure or use currently existing or approved for construction.
(b) Commercial radio and television towers shall be located centrally on a continuous parcel having a dimension at least equal to the height of the tower measured from the center of the base of the tower to all points on each property line.
(c) Radio towers for licensed amateur radio stations which exceed the allowable height of structures in the residentially zoned districts shall be limited in height from their base to the distance from the base to the nearest property line.
(Ord. 13-12. Passed 8-9-12.)
1141.21 TEMPORARY USES.
In any district, subject to the conditions stated below, the Zoning Inspector may issue a permit for the following temporary uses:
(a) Temporary building or yard for construction office, material or equipment, provided such use is adjacent to the construction site and removed when construction is completed. Each permit shall be valid for six (6) months and may be renewed if construction is underway and shall be removed when construction is completed or discontinued for more than thirty (30) days.
(b) Temporary office incidental and necessary to real estate sales and rentals. Each permit shall be valid for one (1) year and may be renewed for one (1) additional year if conditions warrant such renewal.
(c) Building and yard locations shall be subject to such conditions and safeguard as the Zoning Inspector may deem necessary to preserve the character of the surrounding area.
(d) Gatherings under canvas or in open:
(1) Religious services, shows, meetings, exhibitions, bazaars, carnivals or circuses except that if located within four hundred (400) feet of any residential area, no permit will be issued unless there is first filed with the Zoning Inspector the written consent of the owners of sixty percent (60%) of all residentially used property within four hundred (400) feet from the place of such meeting.
(2) Temporary tents for special events are permitted in residential districts for a maximum of one week per event. A zoning permit is required for all temporary tents and is considered an "other" permit for zoning fee purposes. (Ord. 13-12. Passed 8-9-12.)
1141.22 MAJOR STREET SETBACKS.
Any building or structure shall hereinafter be constructed in accordance with the required front yard setback in the district in which it is to be located, measured from the required right-of-way line on major streets and secondary streets.
(Ord. 13-12. Passed 8-9-12.)
1141.23 OFF STREET LOADING REGULATIONS.
On the same premises with every building or structure or part thereof, erected and occupied for commerce, industry, public assembly, or other uses involving the receipt or distribution by vehicles of materials or merchandise, there shall be provided and permanently maintained adequate space for standing, loading and unloading services in order to avoid undue interference with public use of the streets or alleys in conformance to the following:
(a) General Provisions.
(1) Screening: Off street loading spaces that adjoin or are across a street or alley from property zoned for residential use, shall have a dense evergreen planting, fence, masonry wall or such other screening, as may be determined by the Planning Commission. The Planning Commission shall also determine the height, location and density of screening used to provide adequate protection to adjoining property.
(2) Entrances and Exits: Off street loading spaces shall be provided with entrances and exits not less than twelve (12) feet in width and so located as to minimize traffic congestion.
(3) Dimensions: Each off street loading space shall be not less than ten (10) feet in width, twenty-five (25) feet in length and fifteen (15) feet in height, exclusive of access drives.
(4) Projections into yards: Off street loading spaces may occupy all or any part of any required rear yard space.
(b) Amount of Loading Space Required: The minimum amounts of off street loading space shall be provided according to the table below. An area adequate for maneuvering, ingress and egress shall be provided in addition to required loading space.
Sq. Ft of Gross Floor Area | Required # of Spaces |
Up to 10,000 | 1 |
10,000 to 20,000 | 2 |
20,001 to 40,000 | 3 |
40,001 to 75,000 | 4 |
75,001 to 125,000 | 5 |
For each add’l 1,500 | 1 add’l space |
(Ord. 13-12. Passed 8-9-12.)
1141.24 OFF STREET PARKING REGULATIONS.
Hereafter no building shall be erected or altered and no land used unless there be provided adequate off street parking space or spaces for the needs of tenants, personnel and patrons together with means of ingress or egress.
(a) General Provisions.
(1) Single Family Residential off street parking spaces shall consist of a parking strip, driveway, garage or combination thereof and shall be located on the premises they are intended to serve and subject to the provisions of Sections 1141.12 and 1141.13 Accessory Buildings, of this Zoning Ordinance.
(2) Any area once designated as required off street parking shall never be changed to any other use unless and until equal facilities are provided elsewhere.
(3) Off street parking existing at the effective date of this Zoning Ordinance in connection with the operation of an existing building or use shall not be reduced to an amount less than hereinafter required for a similar new building or new use.
(4) Two or more buildings or uses may collectively provide the required off street parking in which case the required number of parking spaces shall not be less than the sum of the requirements for the several individual uses computed separately.
(5) In the instance of dual function of off street parking spaces where operating hours of buildings do not overlap, the Board of Zoning Appeals may grant an extension.
(6) The storage or sale of merchandise or the commercial repair of vehicles is prohibited.
(7) For those uses not specifically mentioned, the requirements for off street parking facilities shall be in accord with a use which the Board of Zoning Appeals considers as being similar in type.
(8) Ingress and Egress: A suitable means of ingress or egress for vehicles to premises used for parking shall be provided and shall open directly from and to a public street, or highway. The width of any exit, or entrance, adjoining property or opposite property zoned for residential uses shall be approved by the Planning Commission prior to obtaining any permit; therefore the Commission may require the owner to provide acceleration and/or de-acceleration lanes where traffic volumes indicate the need.
(9) Fencing, wheel stops, or other physical barriers shall be provided for all boundaries of the parking area except at points of ingress and egress to prevent encroachment of vehicles.
(10) Pavement: All parking lots or parking spaces not intended solely for single-family residential use shall be surfaced with a hard or semi-hard dust free surface in conformance to the standards of the Uhrichsville Service Department.
(11) Lighting: If the parking lot is to be open for use after dark, it shall be provided with not less than one half (½) lumen of light per square foot of parking lot surface or the recommendation of the Planning Commission. Lights shall be shielded so as not to shine directly, or in an offensive manner, on the adjoining residential property.
(12) Screening: When a parking lot abuts a residential zone, there shall be permanently maintained along such boundary, screening as provided in Section 1141.25.
(13) Plot Plan to be Filed: Prior to constructing an accessory parking lot, the owner or person in charge of the land to be used for parking shall submit a plot plan to the Zoning Inspector who will submit same to the Planning Commission its consideration and recommendations. Such plot plan shall show the boundaries of the property, location of adjacent houses, parking spaces, circulation patterns, drainage plan and construction plan for boundary walls and planting plan.
(14) Restricted Accessory Parking Areas: The Board of Zoning Appeals may permit accessory parking within an adjacent lot zoned for residential uses, providing:
A. Such lot is necessary for the public convenience and will not have an adverse effect on adjacent properties.
D. No parking shall be permitted between the street line and the building line prevailing in the zone in which the proposed parking area is to be located. The resulting open area shall be planted in grass or otherwise landscaped to create a permanent green area.
E. A dense evergreen planting with a minimum height of four (4) feet and a mature height of at least five feet, six inches (5'6"), or solidly constructed decorative fence shall be permanently maintained along the mutual boundary of the restricted accessory parking area and adjacent land zoned for residential uses except for the portion of such boundary located within a required front yard.
F. Whenever a lot located in a residential zone is used for accessory parking purposes and is located across the street from land in a residential zone, that portion of the lot used for parking purposes shall be screened from the street as specified in paragraph five (5) above, except for access drive. Such screening to be placed along the setback line.
G. Ingress and egress for vehicles to any premises used for parking under conditional use permit by the Board of Zoning Appeals shall be by means of streets or alleys through business or industrial areas, not by means of streets or alleys through residential areas. If an alley is used by a business or industrial enterprise, such business or industrial enterprise shall upgrade the alley to City Service Department's Specifications if needed and shall maintain such alley to such specifications.
(15) When Off Street Parking Cannot be Located on the Lot with the Use: Where off street parking required in connection with a use cannot be located on the lot with the use, such parking may be provided off the lot, subject to the following requirements:
A. If the use is multi-family, hotel, motel, tourist home or Bed and Breakfast, the off-lot spaces shall be within two hundred (200) feet of the principal entrance or the entrance for individual occupants for whom spaces are reserved.
B. If the use is other than multi-family, hotel, motel, tourist home or Bed and Breakfast, the furthest portion of the parking lot shall be within five hundred (500) feet of an entrance to the establishment.
C. Distances indicated above shall be measured along routes generally available to the pedestrians involved.
D. If and so long as satisfactory attendant parking service is provided, or if for employees of the establishments, parking spaces may be at greater distances than those indicated above.
E. Such off lot spaces shall be located only in districts in which similar off street parking is permitted.
F. The off lot parking area shall be:
1. Held in fee simple by the same owner as the use requiring the off street parking space or
2. Under lease, rental or other form of agreement satisfactory to the administrative official as assuring continuing availability for required off street parking for the use, or
3. Established by the City for the purpose of providing such off lot parking for specific areas and/or land uses and with number of spaces allocated by specific individual lots. Where, and to the extent that such lots serve other uses, spaces allocated may be similarly marked and reserved, in whole or in part, or may in whole or in part be made available for general public use.
(b) Amount of off Street Parking Space Required.
(1) No parking area shall project into a required front yard in any residential district or be permitted between the curb line and building line any district.
(2) Whenever a new construction building, new use, change in use, conversion or increase in intensity of use of buildings or structures is proposed, the owner or person in control of the property shall submit for review to the Planning Commission a plan for off-street parking. Such plan shall include a plot plan showing the location and number of proposed parking spaces, the size of such spaces and the ingress and regress points to and from the main thoroughfare. The Planning Commission shall determine if the plan is adequate to protect the public health, safety and welfare. If the Planning Commission rejects the plan, the decision may be appealed to the Board of Zoning Appeals. If the plan is approved, the Planning Commission shall make its recommendation to City Council for legislative approval.
(3) The Planning Commission, Board of Zoning Appeals and City Council may use the following chart for determining the adequacy of the plan. However, the intent of the off-street parking regulation is assure that all structures and land uses be provided with a sufficient amount of off-street motor vehicle parking, while allowing for some flexibility of site design to accommodate the unique characteristics of individual properties. This section of the regulations is intended to set standards for conditions under which land and buildings can be used to their highest and best purpose without putting undue burdens on the user of the land and buildings.
(4) All off-street parking areas shall include paved, handicapped accessible parking spaces. Accessible parking spaces shall be at least 15 feet wide including 3 feet of cross hatch. Handicap accessible parking spaces and access aisles shall be level, not exceeding 2% slope in all directions. Handicap accessible parking spaces shall be provided in the amounts shown on the following chart, relative to the total number of spaces provided in the parking area.
Land Use | Minimum |
Bank | 2 |
Big Box Retail | 2 |
Fast Food Restaurant | 2 |
Free Standing Retail | 1 |
General Office Building | 2 |
Industrial Plant | 1 |
Medical Office Building | 2 |
Nursing Home | 2 |
Sit Down Restaurants | 6 |
Small Shopping Centers | 3 |
Bed and Breakfast | 1 space per guest room or suite |
Personal Services | 2 |
Day Care Services | 1 space per 8 children at max. capacity |
Churches and Places of Worship | 1 space per 5 seats in the portion of the building used for services. |
Museums and Libraries | 1 |
Social, Fraternal Clubs and Organizations | 3 |
Elementary, Middle and High Schools | 1 space per 5 seats in the auditorium |
Hotel and Motels | 1 space per guest room or suite |
Warehouse | 1 |
Self Service Warehouse | 1 space per 20 compartments |
Home Occupation | 2 per dwelling unit |
Multi-Family Residences | 1 per dwelling unit |
Commercial Kennel | 1 |
Automotive Sales and/or Rental | 1 |
Automotive Repair and/or Service | 2 |
Gymnasiums, Physical Fitness Centers, Health spas, Martial Arts Centers and Dance Studios | 2 |
Indoor Recreation Facilities | 5 |
Outdoor Recreation Facilities | As determined by the Commission based on a parking demand study |
For uses not listed in this section, the minimum number of parking spaces required shall be comparable to the closest other similar use as determined by the Planning Commission.
All off-street parking areas shall include paved handicapped accessible parking spaces. Accessible parking spaces shall be at least 15 feet wide including 3 feet of cross hatch. Handicap accessible parking spaces and access aisles shall be level
TOTAL PARKING SPACES IN LOT | REQUIRED ACCESSIBLE SPACES |
1-25 | 1 |
26-50 | 2 |
51-75 | 3 |
76-100 | 4 |
101-150 | 5 |
151-200 | 6 |
201-300 | 7 |
301-400 | 8 |
401-500 | 9 |
501-1000 | 2% of total |
1001 and over | 20 plus 1 for each 100 over 1000 |
(Ord. 13-12. Passed 8-9-12.)
1141.25 SCREENING.
Hereafter no buildings or structures shall be erected, altered or enlarged nor shall land be used for any non-residential use on a lot that adjoins or faces any residential district until a plan for screening has been submitted and approved by the Zoning Inspector or Planning Commission.
(a) Screening shall be provided for one (1) or more of the following purposes:
(1) A visual barrier to partially or completely obstruct the view of unattractive structures or activities;
(2) As an acoustic screen to aid in absorbing or deflecting noise;
(3) For the containment of debris and litter.
(b) Screening may be one of the following or a combination of two (2) or more:
(1) A solid masonry wall;
(2) A solidly constructed decorative fence;
(3) Louvered fence;
(4) Dense evergreen plantings;
(5) Deciduous trees and shrubs.
(c) Location of Screening: Whenever any non-residential use abuts a residential district, a visual screening wall, fence, or a planting shall be erected or placed along such mutual boundary lines.
(d) Height of Screening: Visual screening walls, fences or plantings shall be at least five feet, six inches (5'6") high except in required front yards when maximum height shall be not greater than three feet (3'0").
(e) Depth or Width of Screening: Screening for purposes of absorbing or deflecting noise shall have a depth of at least fifteen (15) feet of dense plantings or a solid masonry wall in combination with decorative plantings.
(f) Protection: Whenever required screening is adjacent to parking areas or driveways, such screening shall be protected by bumper blocks, posts or curbing to avoid damage by vehicles. It is the intention of this requirement that any such protection be permanent and decorative, therefore a plan, including scaled drawings shall be submitted to the Planning Commission for approval.
(Ord. 13-12. Passed 8-9-12.)
1141.26 MINIMUM FLOOR ELEVATION.
In any zone, no structure intended or used for residential purposes or human occupancy may hereafter be constructed or moved to a site unless the minimum floor elevation is not less than two (2) feet above the base flood elevation level as indicated on the Flood Insurance Rate Map.
(Ord. 13-12. Passed 8-9-12.)
(Ord. 13-12. Passed 8-9-12.)
1141.27 PERMITTED SIGNS.
(a) Purpose. The purpose of this sign section of the Zoning Ordinance is to protect the public health, safety, convenience, comfort, prosperity and general welfare.
(b) Objectives. This Section 1141.27 regulates the time, place, and manner in which signs are displayed to achieve, the following:
(1) Permit signs, which do not create a potential hazard to the public safety;
(2) Permit commercial signs appropriate to the land use and/or zoning classification of each property within the City.
(3) To create a more aesthetically-pleasing City;
(4) To eliminate visual clutter within the City.
(c) Definitions.
(1) Building Frontage:Building frontage shall mean the maximum horizontal width of the ground floor of a building that approximately parallels and faces an adjacent public right-of-way of at least fifty (50) feet in width. In the case of a building where an individual occupant would have no building frontage, the maximum horizontal width of the portion of the building where that occupant's main entrance is located shall be considered that occupant's separate and distinct building frontage. In the case where the ground floor of a building is occupied by two (2) or more different tenants, the portion of the building frontage occupied by each tenant shall be considered a separate and distinct building frontage. Corner lots and through lots shall be considered to have only one (1) distinct and separate building frontage.
(2) Sign: A sign shall mean any visual communication device utilizing a letter, a word, a number, a symbol, a picture, an object, color, illumination or motion, the major function of such device being to convey visual information to or attract the visual attention of the public.
A. Ground Signs: A ground sign is a sign not attached to a building.
B. Projecting Sign: A projecting sign is a sign supported by a building wall or column and extending a distance exceeding twelve (12) inches from the wall.
C. Wall-Sign: A wall sign, which is located on or formed by the surface of the wall of a building. A mansard roof façade on a building shall be considered part of the wall.
(3) Sign Area:The sign area shall mean the total area in square feet of all the visible information-conveying surface area(s) of a sign including all localized backgrounds, but excluding all materials not conveying significant visual information and whose major function is providing structural support for the sign. An irregular shaped sign surface area shall be measured by calculating the surface area of a simple plane or solid geometric shape, which approximates the size and shape of the sign surface area. The area of individual elements of a sign placed against a non-localized background (such as letters placed against a wall or window) shall be measured by calculating the area of the smallest single rectangle which would completely enclose all elements of the sign.
(4) Sign Face:The sign face is the largest portion, in square feet, of a sign's area, that is visible; measured at the location where the largest amount of the sign's area can be viewed by the eye at one point in time.
(5) Sign Height:Sign height shall mean the maximum vertical height in feet that the highest part of a ground sign extends above the surface of the ground underneath the sign. Any material whose major function is providing structural support for the sign shall be considered part of the sign.
(6) Sign - Permanent:A permanent sign is a sign permitted by this Ordinance to be located on a premises which is permanently anchored for an unlimited period of time and requires a permit.
(7) Sign - Temporary:A temporary sign permitted by this Ordinance to be located on a premises for a limited period of time and requires a permit.
(d) Exempted Signs: The following signs are not subject to the provisions of this Zoning Ordinance:
(1) Governmental: A governmental sign for traffic or for other regulatory purposes, or a public service company sign indicating danger, aid to service or safety.
(2) Civic Events: Signs advertising annual civic events may be permitted by the Zoning Inspector and may be erected one month prior to the special event and shall be removed five (5) days after the event.
(3) Real Estate Signs: In addition to any other temporary sign permitted elsewhere in this Zoning Ordinance on a premises, one (1) additional temporary sign per lot frontage shall be permitted which complies with the following requirements: Conveys information which pertains only to the for sale, for lease, or for rent status of the premises on which the sign is located. (Ord. 13-12. Passed 8-9-12.)
(4) Political Signs: Political signs are to be allowed on private residential or business property. Signs are not permitted to be placed in a public right-of-way. Signs in residential zones may not exceed a total of six (6) square feet and in other zoning districts, signs may not exceed a total of sixteen (16) square feet.
(Ord. 66-21. Passed 10-28-21.)
(e) Prohibited Signs and Sign Characteristics:
(1) Except as otherwise provided in City Codified Ordinance Section 541.08, no sign shall be erected across or within a public right-of-way.
(Ord. 06-24. Passed 5-23-24.)
(2) Any sign erected at or near any intersection of any street in such a manner as to obstruct free and clear vision, or at any location where by reason of position, shape, or color, it may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal, or device, or which makes use the word "stop"; "look"; or "danger"; or other word phrase or symbol in such a manner as to interfere with, mislead, or confuse traffic shall be prohibited.
(3) Any sign utilizing an artificial illumination device, which radiates an intensity, beam spread, glare, or color which interferes with the vision of persons not located on the premises shall be prohibited.
(4) Any sign utilizing a fixed or mobile beacon, strobe light, search light, signaling light, spot light, or similar apparatus, equipment or device, which is directed above or outside of a premises in such a manner so as to attract an unusual amount of visual attention of persons not located on the premises shall be prohibited.
(5) Any sign or part thereof which utilizes flame as a source of light shall be prohibited.
(6) Any sign utilizing an energized lamp bulb where the surface of the bulb is directly visible to persons not located on the premises shall be prohibited.
(7) Any sign conveying misleading or unlawful commercial information shall be prohibited.
(8) Any sign which conveys visual information that is obscene, indecent, or immoral shall be prohibited.
(g) General Provisions: A sign shall be designed, erected, altered, reconstructed, moved, and maintained in accordance with the provisions of this section of this Zoning Ordinance unless specifically modified by another section of this Zoning Ordinance.
(1) Permits Required:A Zoning Permit shall be obtained for erection, construction, relocation, or alteration of any permanent or temporary sign unless exempted by this Zoning Ordinance. A sign shall comply with all City zoning, building, electrical and fire codes.
(2) Non-Conforming Signs:See: Non-Conforming Uses of Land, Non-Conforming Structures; Non-Conforming Uses of Structures and Premises and Non-Conforming Characteristics of Use Section 1141.28 of this Zoning Ordinance.
(3) Removal of Unlawful Sign in the Public Right-of-way: The Police Department and/or Director of City Services may remove or cause to be removed any unlawful sign in the public right-of-way.
(h) Signs Permitted for Residential Zones: Single or Two Family Residential Zones:
(1) General:
A. A sign permit for any permanent or temporary sign in this section shall be required.
B. No sign may be illuminated.
C. Projecting signs shall be prohibited.
(2) Ground Signs (Temporary):
A. Only temporary ground signs shall be permitted. Permanent ground signs shall be prohibited with the exception of churches and schools in residentially zoned districts. Criteria for this type of sign shall follow all applicable provisions of Section 1141.27 of this Zoning Ordinance.
B. A temporary ground sign, including one advertising a garage sale to be held on the premises, shall be displayed for a period of time not to exceed five (5) days maximum in any one (1) evenly divided quarter (1/4) of a calendar year for that premises.
C. The sign face shall not exceed six (6) square feet in area and the sign area shall not exceed twelve (12) square feet.
D. The sign height shall not exceed four (4) feet.
E. The sign shall be located outside any public right-of-way but shall not be subject to the general ground sign setback provision.
(Ord. 13-12. Passed 8-9-12.)
1141.28 NON CONFORMITIES.
Within the districts established by this Zoning Ordinance or amendments that may later be adopted, there exists lots, structures, and uses of land and structures which were lawful before this Zoning Ordinance was passed or amended, but which would be prohibited, regulated or restricted under the terms of this Zoning Ordinance or future amendment. It is the intent of this Zoning Ordinance to permit these non-conformities to continue until they are removed but not to encourage their continuance. Such uses are declared by this Zoning Ordinance to be incompatible with permitted uses in the districts involved.
It is further the intent of this Zoning Ordinance that non-conformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district except by appeal to the Board of Zoning appeals for approval of specific plans. Expansions of existing non-conforming uses, where allowed by the Board of Zoning Appeals, may be made only on property owned by the applicant as of the effective date of this Zoning Ordinance.
A non-conforming use of a structure, a non-conforming use of land, or a non-conforming use of a structure and land shall not be extended or enlarged after passage of this Zoning Ordinance by attachment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be prohibited generally in the district involved.
To avoid undue hardship, nothing in this Zoning Ordinance shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this Zoning Ordinance and upon which actual building construction has been diligently carried on. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner; except that where demolition or removal of an existing building has been substantially begun preparatory to rebuilding such demolition or removal shall be deemed to be actual construction, provided that work shall be diligently carried on until completion of the building involved.
(a) Non-conforming Lots of Record: In any district in which single-family dwellings are permitted, notwithstanding other limitations imposed by other provisions of this Zoning Ordinance, a single-family dwelling and customary accessory building may be erected on any single lot of record at the effective date of adoption or amendment of this Zoning Ordinance subject to the following conditions:
If two (2) or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this Zoning Ordinance, and if all or part of the lots do not meet the requirements for lot width and area as established by this Zoning Ordinance, the lands involved shall be considered to be an undivided parcel for the purposes of this Zoning Ordinance, and no portion of said parcel shall be used or sold which does not meet lot width and area requirements established by this Zoning Ordinance, nor shall any division of the parcel be made which leaves remaining any lot with width or area below the requirements stated in this ordinance.
(b) Non-conforming Uses of Land: Where at the effective date of adoption or amendment of this Zoning Ordinance, lawful use of land exists that is made no longer permissible under the terms of this Zoning Ordinance as enacted or amended, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions:
(1) No such non-conforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this Zoning Ordinance, except as provided.
(2) No such non-conforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this ordinance.
(3) If any such non-conforming use of land ceases for any reason for a period of more than twelve (12) months, any subsequent use of such land shall conform to the regulations specified by this Zoning Ordinance for the district in which such land is located.
(4) Where a non-conforming use of the land by the nature of the use requires expansion or enlargement of the land area so used in order to continue in operation such as removal of sand, earth, stone, minerals, etc., continuance of such operations following the adoption or amendment of this Zoning Ordinance shall be deemed a violation.
(c) Non-conforming Structures: Where a lawful structure exists at the effective date of adoption or amendment of this Zoning Ordinance that could not be built under the terms of this Zoning Ordinance by reasons of restrictions on area, lot coverage, height, yards or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful.
(d) Non-conforming Uses of Structures: If a lawful use of a structure or of structure and premises in combination exists at the effective date of adoption or amendment of this Zoning Ordinance, the lawful use may be continued so long as it remains otherwise awful, subject to the following provisions:
(1) If no structural alterations are made, any non-conforming use of a structure, or structure and premises, may be changed to another non-conforming use provided that the Board of Zoning appeals, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing non-conforming use. In permitting such change, the Board of Zoning Appeals in collaboration with the Planning Commission may require appropriate conditions and safeguards in accord with the provisions of this Zoning Ordinance.
(2) Any structure, or structure and land in combination, in or on which a non-conforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which such structure is located and the non-conforming use may not thereafter be resumed.
(3) When a non-conforming use of a structure, or structure and premises in combination, is discontinued or abandoned for twelve (12) consecutive months, the structure or structure and premises in combination shall not thereafter be used except in conformance with the regulations of the district in which it is located.
(4) When non-conforming use status applies to a structure and premises in combination, removal or destruction of the structure shall result in uses only permitted in the district in which it is located.
(e) Repairs and Maintenance: On any building devoted in whole or in part to any non-conforming use, work may be done on ordinary repairs or on repairs or replacement of non-bearing walls, fixtures, wiring or plumbing.
(f) Restoring Buildings: When a building or structure, the use of which does not conform to the provisions of this Zoning Ordinance, has been damaged by explosion, fire, act of god, or the public enemy, to the extent of twice its assessed value for tax purposes, it shall not be restored or reconstructed or in any way used except in conformity with the district regulations of the district in which the building is situated. When a non-conforming use qualifies for such reconstruction, a building permit shall be secured for that purpose within one (1) year from the date of occurrence for that damage and such reconstruction shall be diligently prosecuted and completed without delay. Failure to comply as set forth above shall cause such non-conforming uses to lapse and the premises shall conform thereafter to the established district regulations therein.
(g) Violations Not Rendered Non-conforming: A use, structure or lot which was in violation of the provisions of the Ordinance which this Zoning Ordinance amends shall not be validated or become non-conforming upon the adoption of this Zoning Ordinance.
Nothing in this Zoning Ordinance shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official. (Ord. 13-12. Passed 8-9-12.)
1141.29 SELF-STORAGE FACILITIES.
1141.30 DEFINITIONS.
"Self-storage facility" means any real property that is designed and used for the purpose of renting or leasing individual storage spaces in the facility, whether as rooms, lockers, containers, or other indoor and/or outdoor space, to individuals, businesses, or other entities for the purpose of storing possessions. The term "self-storage facility" shall include mini-storage facilities. (Ord. 61-21. Passed 9-23-21.)
1141.31 SITING, DESIGN AND USE REGULATIONS.
(a) The ground building coverage shall not exceed fifty percent (50%) of the gross land area of the parcel proposed for development, and in no event shall the site plan reflect a second story or higher level that is larger than the ground floor footprint.
(b) No outdoor washing of any kind shall be permitted, with the exception of washing the parking lot, the structure and the windows on the structure, and landscaping.
(c) The storage of any toxic, explosive, corrosive, flammable or hazardous materials or keeping of animals is prohibited. Fuel tanks on any motor vehicle, boat, lawn mower or similar property will be drained or removed prior to storage.
(d) Exterior walls of the ends of all storage units shall be of masonry or face-brick construction as approved by the Planning Commission and landscaping pertaining to screening and buffering shall comply with Section 1141.25 Screening.
(e) All storage units must be accessible by paved circular drives clearly marked to distinguish traffic flow. A minimum twenty-four-foot drives shall be provided between buildings. Site circulation shall be designed to accommodate fire trucks, as well as trucks that will customarily access the site.
(f) All self-storage facilities must have security installed. Examples include but are not limited to property fencing, lighting, motion sensors, key pads and access control hardware, security cameras, video monitors, gate and digital gate operator, unit alarms and electronic doors.
(g) Self-storage facilities shall not be permitted on corner lots.
(h) The only activities permitted in individual storage units shall be the rental of the unit and the pickup and deposit of goods and/or property in dead storage. Storage units shall not be used for activities such as: Residences, offices, workshops, studios, hobby, rehearsal areas, garage or estate sales or auctions.
(i) No manufacturing, fabrication, or processing of goods, service, or repair of any type of vehicles, boats or boat trailers, engines, appliances or other electrical equipment, or any other industrial activity shall be permitted.
(j) Accessory Uses. Accessory uses such as the rental of trucks, trailers or moving equipment (hand carts, jacks and lifts, etc.), the installation of trailer hitches, or the sale of boxes or packing materials are permitted only if they are otherwise permitted in the district in which the facility is located, and shall meet all use and development standards of the district.
(k) Self-storage facilities shall not operate or allow tenant access between the hours of 10:00 p.m. and 7:00 a.m.
(l) Outdoor Storage Prohibited. All goods and property stored in a self-storage facility shall be stored in an enclosed building. No outdoor storage of boats, RVs, vehicles, etc., or storage in outdoor storage pods or shipping containers is permitted.
(m) If the facility abuts residentially zoned property, the facility loading bays, docks or doors shall not be visible from the residential property.
(n) Electrical service to storage units shall be for lighting and climate control only. No electrical outlets are permitted inside individual storage units. Lighting fixtures and switches shall be of a secure design that will not allow tapping the fixtures for other purposes.
(o) Fences and walls including entry gates shall be constructed of high-quality materials and shall be compatible with the design and materials of the building(s) and site, as approved by the Planning Commission. Decorative metal or wrought iron fences are preferred. Chain-link ( or similar) fences, barbed or razor wire fences, and walls made of precast concrete blocks are prohibited. (Ord. 61-21. Passed 9-23-21.)