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Upper Sandusky City Zoning Code

TITLE THREE

Zoning Districts and Their Requirements

1121.01 DESIGNATION OF DISTRICTS.

   The City is hereby subdivided into the following districts:
    (a)    Residential districts, designated R-l and R-lA, are established for low density single-family residences. Only one dwelling permitted per lot.
   (b)    Residential districts, designated R-2, are established for medium to high density single-family residences. Only one dwelling permitted per lot.
   (c)    Residential districts, designated R-3, are established for high density single, double and multiple family residences, and very limited business uses compatible to same.
   (d)   Limited business districts, designated LB, are established as transitional areas between more heavily commercial or industrial areas and residential districts, and are intended to allow limited to moderate use of commercial business as well as single and multiple family residences.
   (e)    General business districts, designated GB, are established to include areas that are located along streets of considerable traffic within the core of the City which provide businesses and services appropriate for the everyday needs of the entire community.
   (f)   Highway business districts, designated HB, are established to include areas that provide for uses which are regional in nature and convenient to the highway user, and not to provide local shopping which would inhibit the function of the highway.
   (g)    Recreation business districts, designated RB, are intended for providing commercial recreation facilities to the entire community.
   (h)    Central business districts, designated CB, are established to provide an area for broad business services and retail activities in the central area of the City.
   (i)    Office Business Districts, designated OB, are established to provide an area conducive to the needs of intense office development.
   (j)    Public Facilities Districts, designated PF, are established to provide an area for governmental, civic, welfare, and public recreational facilities, while making such facilities compatible with adjoining residential uses.
   (k)    Manufacturing districts, designated LM, are established for limited nuisance manufacturing and other uses that are appropriate in a similar location.
   (l)    Manufacturing districts, designated GM, are established for high nuisance manufacturing and other uses of similar performance standards.
   (m)    Conservation districts, designated C, are established for conserving natural features and limited development until some future date to avoid flooding or similar disaster, or to provide for the preservation of valuable natural resources.
      (Ord. 113-9. Passed 1-17-94.)
 

1121.02 BOUNDARIES.

   Boundaries established by Section 1121.01 are as shown on the Zoning Map of the City, 1993, and are made a part hereof by reference, and shall be interpreted as follows:
    (a)    Such boundaries, as shown on the Zoning Map, shall be changed only by amendment. After any such amendment has been made, the proper changes shall be made on the Zoning Map, such changes being certified to the Planning Commission within thirty days after the effective day of the amendment;
   (b)    When the exact boundaries are uncertain, they shall be determined by use of the scale of the Zoning Map;
   (c)    When a right-of-way is vacated, the districts adjoining each side of such right-of- way are respectively extended to the center of the right-of-way so vacated;
   (d)    Boundaries within ten feet of and apparently following lines of lots of record shall be assumed to be corresponding to the lot line in question, unless otherwise specifically noted on the Zoning Map;
   (e)    All notes, dimensions and other graphics appearing on the Zoning Map are hereby declared to be a part of this Zoning Map.
      (Ord. 113-9. Passed 1-17-94.)

1121.03 ZONING OF ANNEXED AREAS.

   Upon annexation of township territory to the City, the annexed areas shall be zoned in accordance with the City's Comprehensive Land Use Plan, if such area had a land use designated by the plan, or shall be zoned R-1A, if no land use was designated by the Plan. However, the Planning Commission may recommend a different zoning designation for such areas within thirty days from the date the matter is first referred to the Commission by Council. If the owners of township lands desire a different zoning classification other than recommended by the Comprehensive Land Use Plan, the request shall be stated along with the annexation petition. Council shall refer any such requests to the Commission for their recommendations within thirty days from the date the matter is referred to the Commission.
(Ord. 113-9. Passed 1-17-94.)

1123.01 PRIMARY USES.

   Primary uses are authorized in the districts established by Section 1121.01 as shown by an "• " in the following table. Where the use is indicated by an "O", the use is permitted as a special use only as provided in Section 1123.04 and other appropriate sections of this chapter. A home occupation is permitted where indicated by an "H" in the following table, in accordance with regulations in this Zoning Ordinance governing home occupations. An "S" indicates the use is permitted only in conjunction with a shopping center, a shopping plaza or a shopping mall.
(Ord. 113-9. Passed 1-17-94.)
PRIMARY USES
USE
DISTRICT
R1A
R1
R2
R3
R3A
LB
GB
CB
HB
OB
RB
PF
LM
GM
C
Accounting, Auditing
Services
H
H
H
H
H
O
•
•
•
•
Administrative and Sales
Offices
H
H
H
H
H
O
•
•
•
•
•
•
Air Freight Terminals
•
•
Airports, Heliports
O
O
O
O
O
O
O
O
O
O
O
Ammunition, Ordnance
Equipment Mfg.
•
Amphitheatre, Auditoriums,
Music Halls
•
•
•
•
Animal Hospitals
•
•
•
Animal Shelters, Kennels
and Boarding
•
Antique, Novelty Shops
O
H
H
O
•
•
•
Art, Music, Dancing
Schools
•
•
•
•
O
•
Association and Club
Offices
•
•
•
•
•
Attorneys Offices
H
H
H
O
H
O
•
•
•
•
Auto, Marine, Mobile
Home Sales and Service
•
•
•
•
•
Automats, Self-Operating
Car Washes
•
•
•
•
•
•
Auto Repair and Storage
(Open)
•
•
Auto Service Stations
•
•
•
•
•
Bait Stores
(Ord.185-9.Passed 7-3-95.)
•
•
Bakery, Dairy, Egg Retail
(3,000 sq.ft. or less)
•
•
•
•
•
 
PRIMARY USES                                                                       
USE
DISTRICT
R1A
R1
R2
R3
R3A
LB
GB
CB
HB
OB
RB
PF
LM
GM
C
Bakery, Dairy, Ice Cream,
Dairy Retail
•
•
•
•
Banks, Savings and Loans
•
•
•
•
•
Beauty, Barber, Florist, Hat
Shops, Tanning Salons
•
•
•
•
Beauty and Barber Shops
(with 4 operators or less)
O
O
•
•
•
•
•
Beauty and Barber Shops
(only one operator or
immediate residing family
member)
O
H
H
•
•
•
•
Bicycle Repair
H
H
H
•
•
•
•
Biological, Medical,
Cleaning Supplies Mfg.
•
Blueprint and Photocopy
Services
•
•
•
•
•
•
Broom, Window Shade
Mfg.
•
•
Building Products and Mfg.
•
Bus, Motor Freight,
Taxicab, Farm
Equipment, Storage and
Repair
•
•
Business Consulting
Services
H
H
H
H
H
•
•
•
•
•
Camera, Photo Studio
Shops
O
H
H
H
•
•
•
•
Canning and Curing
O
O
O
O
•
Chiropractor’s Offices
O
O
O
•
•
•
•
•
Churches, Cemeteries
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Clothing, Shoe, Tailor
Stores
•
•
•
•
 
 PRIMARY USES
USE
DISTRICT
R1A
R1
R2
R3
R3A
LB
GB
CB
HB
OB
RB
PF
LM
GM
C
Coal and Fuel Storage
•
Collection Agencies,
Investment and Consumer
Services
•
•
•
•
Commercial Garaging of
Vehicles
•
•
•
•
•
Commercial Laundry, Dry
Cleaning
•
•
S
•
•
Convenience Stores
•
•
•
•
Correctional Institutions,
Prisons
•
•
•
Crafts, Needlecraft
O
O
H
H
H
Credit and Finance Related
Business
•
•
•
•
•
Crop Farms
•
•
•
•
•
•
•
•
Dance Halls, Private
Lodges
•
•
•
•
Day Care Centers
O
O
O
•
•
•
•
•
•
Delicatessen Stores (3,000
sq.ft. in floor area)
•
•
•
•
•
Dentist Offices
O
O
O
•
•
•
•
•
Detective and Protective
Agencies
•
•
•
•
Dormitories, Nursing
Homes
•
O
•
•
•
 
 PRIMARY USES
USE
DISTRICT
R1A
R1
R2
R3
R3A
LB
GB
CB
HB
OB
RB
PF
LM
GM
C
Drapery, China, Appliance
Stores
•
•
•
•
Drive-in Movies,
Amusement Parks
•
•
•
Drugs, Proprietary and
Variety Stores
•
•
•
•
Drugs, Proprietary and
Variety Stores (3,000 sq.
ft. or less in floor area)
•
•
•
•
•
Electrical, Appliance,
Upholstery, Carpentry,
Sheet Metal Shops
•
•
•
Electrical Component
Assembly (Computer,
Audio and Visual
Devices) (Ord. 98-10.
Passed 8-16-99.)
•
•
•
•
•
•
Electrical Component
Manufacturing
(Computer, Audio and
Visual Devices)(Ord.
98-10. Passed 8-16-99.)
•
•
•
•
•
Electrical Equipment Mfg.
•
Emergency and Charitable
Services
•
•
•
•
•
•
Employment and Placement
Offices
•
•
•
•
•
•
Engineering, Architectural,
Urban Planning Services
H
H
H
H
H
O
•
•
•
•
•
•
Explosive, Volatile
Materials Storage and
Distribution
•
Farm Equipment Sales and
Service
•
•
•
Fiber and Clothing and
Material Mfg.
•
Fire Extinguisher Repair
H
H
H
H
•
•
•
•
Food Products Mfg. and
Processing
•
 
PRIMARY USES
USE
DISTRICT
R1A
R1
R2
R3
R3A
LB
GB
CB
HB
OB
RB
PF
LM
GM
C
Fraternal Lodges
O
•
•
•
•
•
•
Freight and Transfer
Terminals
•
•
Fruit Stands, Greenhouses
•
•
•
General and Health Resorts
•
•
•
•
•
General Merchandise Stores
•
•
•
•
•
General Metal Fabrication
•
Go-Carts and Commercial
Race Tracks
•
O
Golf Courses (Public and
Private)
•
•
•
•
•
•
•
•
Government Offices
•
•
•
•
•
•
Governmental Service
Buildings
•
•
•
•
•
•
•
Grain Products Rendering
•
Grocery, Fish, Meat, Food
Stores (Over 3,000 sq.
ft. in floor area)
•
•
•
•
Grocery, Meat, Fruits,
Carry-out
O
•
•
•
•
•
PRIMARY USES                                                                       
USE
DISTRICT
R1A
R1
R2
R3
R3A
LB
GB
CB
HB
OB
RB
PF
LM
GM
C
Hardware, Paint, Glass
Stores
•
•
•
•
•
•
Historic Sights, Monuments
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Home Bakery and Catering
O
O
H
H
•
•
•
•
Hospitals, Clinics, Rest
Homes, and Sanitariums
and the like
O
•
•
•
•
•
•
Household Goods Stores
•
•
•
•
Household Repair Stores
•
•
•
Hunting and Fishing Clubs
•
•
Industrial and Agricultural
Chemicals, Rubber,
Lumber Processing and
Mfg.
•
Industrial Warehousing
•
•
Inorganic and Organic
Industrial Chemicals
Mfg. and Processing
•
Instrument and Misc. Mfg.
•
•
Insurance, Real Estate, Title
Offices
H
H
H
O
H
O
•
•
•
•
•
Jewelry, Buttons, Notions,
Mfg.
•
•
Labor, Civil, Fraternal
Offices
•
•
•
•
Lapidary and Watch Repair
Shops
O
O
H
H
H
•
•
S
•
PRIMARY USES
USE
DISTRICT
R1A
R1
R2
R3
R3A
LB
GB
CB
HB
OB
RB
PF
LM
GM
C
Laundry and Dry Clean
Pick Up Station
•
•
•
S
•
Libraries, Museums, Etc.
•
O
•
•
•
•
•
•
Linen Supply and Industrial
Laundry
•
•
•
Lumber Sales and Storage
•
•
•
•
Machinery, Office Furniture
Mfg.
•
Machinery Testing
Laboratories
•
Mailing Services
H
H
H
H
H
H
•
•
•
O
•
•
Marine Sales and Services
•
•
•
Milk, Bakery Products Mfg.
•
•
Mini Storage Facilities (Ord.192-9.Passed10-2-95.)
•
O
O
•
•
Mobile Home Parks
O
O
O
O
O
Motels, Hotels
•
•
•
Movie Theaters, Penny
Arcades
•
•
•
•
Multiple Family Dwellings
•
•
•
•
•
O
Natural Resource Mining
•
•
PRIMARY USES
USE
DISTRICT
R1A
R1
R2
R3
R3A
LB
GB
CB
HB
OB
RB
PF
LM
GM
C
Non-Metallic Goods Mfg.,
such as glassware,
ceramics, porcelain, nuts,
bolts, etc.
•
Non-transient Boarding and
Rooming
•
•
•
•
•
Non-transient Residential
Hotels
•
•
•
•
•
Office and Service Industry
Machines Mfg.
•
•
Office Supply Stores
•
•
•
O
•
Orphanages, Children’s
Homes
O
•
•
•
•
•
•
Paint, Finishing Material,
Explosive, Petroleum
Mfg. and Processing
•
Paper, Book, Newspaper
Printing and Mfg.
•
•
•
Parks, Playgrounds,
Tot-lots
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Pencils, Art Supply and
Similar Mfg.
•
•
Petroleum Products Storage
and Distribution
•
Photoengraving,
Typesetting
•
•
•
Physician’s Offices
O
O
O
•
•
•
•
•
•
•
Picture Framing
O
H
H
•
•
•
S
*Planned Unit
Developments
Plastics Manufacturing
(Ord. 204-10. Passed
9-16-02.)
•
•
Pool Halls, Bowling Alleys,
Other Similar Uses
•
•
•
•
•
Primary Metal Processing
and Mfg.
•
 PRIMARY USES
USE
DISTRICT
R1A
R1
R2
R3
R3A
LB
GB
CB
HB
OB
RB
PF
LM
GM
C
Printing, Publishing
•
•
O
•
•
Private Music, Dance,
Baton and Voice
Instruction
O
O
H
H
•
•
•
•
•
Public Utility Stations
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Radio Stations
•
•
•
•
Rail, Bus, Marine, Air
Terminals
•
•
•
•
Restaurants and Eating
Places
•
•
•
O
O
•
O
Riding Stables
•
•
•
Schools (All Levels, Public
and Private)
O
O
O
O
•
•
•
•
•
•
•
Self Service Laundry and
Dry Cleaning
•
O
•
•
•
•
•
Sewing and Alterations
H
O
O
H
H
Shopping Centers, Malls,
Plazas
•
•
•
Sign and Diecut Products
Mfg.
•
•
Single Family Dwellings
•
•
•
•
•
•
•
•
Skating, Miniature Golf and
Driving Range
•
•
•
•
•
O
Soft Drink and Bottling
Works
•
•
Small Appliance Repair
H
O
O
H
•
•
•
S
•
Sporting Goods Stores
•
•
•
•
Stadium, Fairgrounds,
Athletic Field
•
•
•
O
•
•
•
•
 
PRIMARY USES                                                                                                                               
USE
DISTRICT
R1A
R1
R2
R3
R3A
LB
GB
CB
HB
OB
RB
PF
LM
GM
C
Stationery, Book, Jewelry
Stores
•
•
•
•
Taverns, Night Clubs,
Liquor Retail
•
•
•
•
Telegraph and Telephone
Exchanges
•
•
•
•
•
Television Stations
•
•
•
•
Tennis, Swimming, Similar
Activity
•
•
•
•
•
•
•
•
•
•
•
•
Tool Sharpening
O
O
O
•
•
•
•
•
Tourist Homes, Bed and
Breakfasts
O
•
•
•
•
•
Trade Schools
•
•
O
Trailer Camps and Travel
Trailer Parks
•
O
Transient Boarding and
Rooming Houses
•
•
•
Transient Portable Business
•
•
•
•
Travel and Ticket Office
•
•
S
•
•
Tropical Fish and Supplies
O
O
O
O
•
•
S
 
 PRIMARY USES
USE
DISTRICT
R1A
R1
R2
R3
R3A
LB
GB
CB
HB
OB
RB
PF
LM
GM
C
Truck Stops
•
•
TV, Radio Transmission
Stations
•
O
•
•
•
Two-Family Dwellings
•
•
•
•
Utility Service Offices
•
•
•
•
•
•
Veterinarian Offices
•
•
•
•
•
Video Rental Stores
O
•
•
•
•
Warehousing and Storage
directly related to retail
outlets
•
•
•
•
•
Wildlife and Forest
Preserves
•
•
Wholesale, Distribution and
Storage except volatile
materials
•
O
•
•
YMCA, YWCA and
Similar Recreation
•
•
•
O
•
•
 
*   Permitted as provided for in Chapter 1127 in all districts.
(Ord. 113-9. Passed 1-17-94; Ord. 85-11. Passed 8-15-05; Ord. 23-12. Passed 5-3-10.)

1123.02 ACCESSORY USES.

   Accessory uses, such as the following are allowed in all districts: birdbaths, birdhouses, buildings, curbs, driveways, fences, hedges, lamp-posts, mail boxes, name plates, parking spaces, public utility installations, retaining walls, trees, plants, shrubs, flowers, other landscaping, walks and the like. All accessory buildings shall be subject to the following requirements, and other accessory uses are subject to all other conditions within the Zoning Ordinance. Subsections (a) through (g) hereof apply only to accessory buildings:
   (a)    It shall be located only in the rear yard;
    (b)    When attached to the main building, such structure shall be considered part of the principal building;
      (Ord. 113-9. Passed 1-17-94.)
   (c)   In all districts, accessory buildings shall be at least ten (10) feet from any alley, street, lot line, or shall be at least twenty-five (25) feet from any alley, street, or lot line when such accessory building contains a garage door on the side of the building facing an alley, street, or lot line;
      (Ord. 117-13. Passed 8-16-21.)
(d)    Such accessory building shall not project into the minimum rear yard of a double frontage lot, except that where water frontage exists, accessory buildings may project into the minimum rear yard where such building directly serves the water and provided it is not more than ten (10) feet high.
   (e)    On lots where the rear yard abuts a side yard of a corner lot, the accessory buildings may not project beyond the front yard of such corner lot.
      (Ord. 113-9. Passed 1-17-94.)
    (f)    Accessory buildings may not occupy more than twenty-five percent (25%) of the rear yard. (Ord. 98-10. Passed 8-16-99.)
   (g)    An accessory building may not exceed eighteen (18) feet in height in a residential district. (Ord. 117-13. Passed 8-16-21.)

1123.03 SIMILAR USES.

    (a)    Any other use not listed in Sections 1123.01 and 1123.02 are prohibited unless such use is determined to be a similar use.
   (b)    If a use is found to be similar to other conforming uses permitted in this chapter, that determination is considered as an expansion of the permitted uses and not as a variance. All similar uses will be included in the list of permitted uses in this chapter.
 
   (c)    If a proposed building or use is not specifically permitted, the application shall be submitted to the Planning Commission in compliance with the following standards:
      (1)   The use is not listed in any other classification of permitted uses;
       (2)    The use conforms to the basic characteristics of the classification to which it is to be added more than any other classification;
      (3)    The use does not create dangers to health and safety to an extent greater than normally resulting from other uses listed in the classification to which it is to be added;
      (4)    The use does not create traffic to a greater extent that the other uses listed in the classification to which list it is to be added;
      (5)    The use conforms to the intent of both the Development Plan and the Zoning Code.
   (d)    If any proposed site plan requires a similar use determination, no zoning permit may be issued unless the similar use is confirmed by the Planning Commission.
(Ord. 113-9. Passed 1-17-94.)

1123.04 SPECIAL USES; PROCEDURE AND GENERAL REQUIREMENTS.

   The Planning Commission and Council may grant special uses where Section 1123.01 indicated a special use is permitted. Such permission may be granted after the requirements of this and the following sections of this chapter are met.
   (a)    Procedure. Special uses may be granted in the same manner that an amendment is approved, and the procedures therefore shall be the same as that for amendment, with the following exceptions:
      (Ord. 113-9. Passed 1-17-94.)
       (1)    Notification by mail to individual property owners of the public hearing before City Council is mandatory.
         (Ord. 23-12. Passed 5-3-10.)
       (2)    The approval of a special use will become null and void if a building permit is not obtained within six months after the date of approval.
   (b)    General Requirements. A special use shall be granted only after the following criteria have been met:
      (1)    Such special use is deemed essential or desirable to the public convenience or welfare.
      (2)    Such use is in harmony with existing recommendations and objective of a Comprehensive Plan as now or hereafter in effect.
      (3)    Such use is not granted merely for personal convenience of the applicant.
      (4)    All district regulations regarding required setbacks, yard areas, off-street parking and other general regulations are met.
      (5)    The performance of the special use is similar to the district in which it is located, except that necessary public facilities shall be considered a necessity to the public welfare and safety.
      (6)    The use will not discourage further development or impair the value of surrounding properties.
      (7)    During hours of operation, the concentration of vehicles in connection with the use will not be more dangerous than the normal traffic of the use district. Also, if the use is located on a local street, it must generate the least possible traffic.
      (8)    Landscaping, buffering or improvements, as necessary to protect the public interest are provided as the Commission and Council see fit.
   In addition to the general requirements, the requirements that follow for each special use shall be met.
(Ord. 113-9. Passed 1-17-94.)

1123.05 MOBILE HOME PARKS.

   Mobile homes and trailers shall be permitted only in the properly licensed mobile home parks as described herein.
    (a)    At the time of applying for a special use permit, the owner shall present a plot plan prepared by and bearing the seal of an Ohio Registered Engineer or Architect, showing the location and legal description of the property in question. Entrances and exits, vehicular roadways, driveways, pedestrian walks, side and arrangement of mobile home lots, location of roadway, service and utility building, topography by two-foot contour intervals, areas set aside for recreation, clothes washing and drying facilities, off-street parking, fencing, screen planting provisions for trash and garbage removal, gas connections, phone connections, electrical connections, lighting of the park, water and sewer availability and line to each space and a typical lot plan shall be shown on the drawing and plans.
   (b)    At such time as the City will have adopted subdivision regulations the park will have to comply with such regulations, as to street and lot layout designs, but each mobile home lot will not need to be platted.
   (c)    The minimum area for a mobile home park shall be ten (10) acres and the density of the mobile home lots shall not exceed ten (10) mobile home lots per gross acre, nor shall the density exceed that required of other housing in the district.
   (d)    A mobile home park shall have access to adequate streets and highways with pavement width adequate for the traffic generated by the mobile home park.
   (e)    The mobile home park shall be so arranged that all mobile home lots and accessory buildings shall face on an interior roadway. Any lots abutting a dedicated public right-of-way shall be fenced and screen planted.
   (f)    A mobile home park of more than 100 mobile home sites shall have more than one entrance and exit to a public street or highway.
   (g)    A mobile home park shall have a minimum width of 250 feet.
   (h)    The mobile home park and all appurtenances thereto shall be set back at least twenty-five (25) feet from any public street, provided, that screen planting may be placed in the area between the setback and the street. The rear yard of the mobile home park shall be set back a minimum of fifteen (15) feet from any adjacent property line and twenty-five (25) feet from a public street right of way if the same exists. The side yard of a mobile home park shall be a minimum of ten (10) feet from an adjacent property line and twenty-five (25) feet from any public street right-of-way.
   (i)    Entrance and exit roadways shall connect to a public street or highway and be not less than fifty feet wide from the setback line to the street. Entrance and exit roadways shall be connected into the park roadways so that the roadway system shall be contiguous and continuous. Pavement of at least thirty-two (32) feet in width shall be required on the entrance and exit roadways. Pavement widths of twenty-eight (28) feet shall be required on all other interior park roadways, the width being measured from back to back of curb, if a curbed roadway, and edge of pavement to edge of pavement, if without curb.
   (j)    All utility install actions, including but not limited to electric power lines, telephone lines, television lines, and the service connections therefor, shall be underground.
   (k)    There shall be no exterior television or radio antennas, except that a community type antenna for the use of all park residents may be permitted.
   (l)   Mobile homes located in the park shall have a minimum of 500 square feet of floor area, and no structures in the park shall exceed sixteen (16) feet in height.
   (m)    Each lot shall be defined on the site and in the plans, and all mobile homes shall be set back fifteen (15) feet from interior roadways, ten (10) feet from the rear lot line and five (5) feet from the side lot.
   (n)    An enclosed facilities building of a minimum of 2,000 square feet with space devoted to office, laundry, toilet and recreation must be provided in each mobile home park, and an additional 100 square feet shall be provided for each ten (10) mobile homes exceeding 100. For each 100 mobile homes in the park, at least 500 square feet of open space shall be provided for recreation and 250 square feet of open space shall be required for each mobile home over 100.
   (o)   Mobile home park facilities buildings shall set back from the exterior roadways, and from any abutting mobile home lot, a minimum of twenty-five (25) feet.
    (p)    A concrete pad, a minimum of ten (10) feet in width and forty feet in depth, shall be provided on each lot.
    (q)    Two (2) off-street parking places shall be provided on each mobile home lot.
    (r)    No buildings or structures shall be added to a mobile home except a patio and an unenclosed porch or car port, except that storage sheds not exceeding 120 square feet in area and eight (8) feet in height may be attached to the rear or side of the mobile homes.
   (s)    All mobile homes shall be single-family homes, and no permanent dwelling shall be constructed on the premises of the mobile home park except a building for the housing of the owner or manager of the park.
      (Ord. 113-9. Passed 1-17-94.)
 

1123.06 PONDS.

   Ponds may be permitted in residential and commercial districts when part of a unit development plan or part of the development of a residential subdivision or commercial development. In either case, the Planning Commission and Council shall be authorized to require fencing, landscaping and other improvements deemed necessary for safety, proper drainage and health.
(Ord. 212-9. Passed 3-18-96.)

1123.07 MARINAS, SKATING RINKS, DRIVING RANGES, MINIATURE GOLF IN CONSERVATION AREAS.

   Driving ranges, miniature golf, skating rinks and marinas may be permitted as special uses in conservation districts, provided:
    (a)    No permanent structures are placed in the flood plain;
    (b)    No obstruction of the normal flood flow of the river channel or flooding is created.
   (c)    The proposed use of uses have access to major street and are at least 100 feet from the nearest residential district.
   (d)    Off-street parking and other requirements are met as though the uses were located in the recreation business district.
      (Ord. 113-9. Passed 1-17-94.)

1123.08 GO-CART AND RACE TRACKS.

   Go-cart and commercial race tracks may be permitted as special uses, provided the following conditions are met:
    (a)    Track, buildings, bleachers and other appurtenances are at least 500 feet from the nearest residential district.
   (b)    No permanent structures are placed in the flood plain and any grading of fill above flood level does not obstruct the flow of water in the stream at flood stage.
   (c)    Operating hours of the use shall not be between the hours of l l:00 p.m. and 10:00 a.m.
    (d)    Fencing and screen planting shall be required, adequate to buffer noise emanating from the use of the track.
    (e)    Any provisions for safety and elimination of hazards to users or adjoining property owners, shall be provided as determined by the Planning Commission and Council.
      (Ord. 113-9. Passed 1-17-94.)

1123.09 TRAILER CAMPS AND TRAVEL TRAILER PARKS.

   Overnight camps and travel trailer parks may be permitted in the RB and C Districts, under the following conditions:
    (a)    Plans are prepared in the manner prescribed in Section 1123.05 with all necessary information to make a determination;
   (b)    When proposed in the Conservation District, such provisions shall be made, as necessary, to ensure the safety of users of the facility. Assurance shall be given that construction would not obstruct the flood level flow of the stream, and that no permanent improvements will be in danger of damage from flood;
   (c)    Only tents, camping trailers less than thirty (30) feet long, camping outfits on trucks, self-propelled units, and similar camping equipment shall be permitted;
   (d)    Occupancy shall not exceed two weeks per party per month, and density of camping units shall not exceed thirty (30) units per gross acre;
   (e)    Travel trailer parks and overnight camps shall be set back as required of mobile home parks in Section 1123.05 and such sites shall be buffered by thick hedges or screen planting when located within 100 feet of any residential district. It shall also be buffered when located adjacent to any other commercial use. Such buffering shall at least meet the minimum requirement as established in Section 1136.03 (b).
      (Ord. 113-9. Passed 1-17-94.)

1123.10 AIRPORTS, HELIPORTS, HOSPITALS, REST HOMES, ORPHANAGES, ETC.

   These uses shall be permitted only when they do not conflict with adjacent uses or potential uses, and under the following specific conditions:
    (a)    Airports and heliports shall be permitted in any business or industrial district only when the landing strips or pads will not endanger life and property in the vicinity of the facility, and where due precaution has been taken to minimize noise and other nuisances;
   (b)    Hospitals, public homes for the aged, orphanages and similar types of facilities shall be permitted in R2 Districts only when they are set back not less than seventy- five (75) feet from any adjacent property, and when the necessary off- street parking and other requirements are met. Height of these structures shall be limited to three (3) stories and forty-five (45) feet whichever is less. Homes for the aged, nursing homes and the like may be permitted in the R3 District as permitted uses when the requirements of that district are met.
    (c)    Clinics may be permitted in the vicinity of a hospital when they meet the same requirements as a hospital, except that if they are adjacent to the hospital or to a clinic that is adjacent to the hospital, they need be set back from the property line so held in common only ten (l0) feet. Under these circumstances, clinics may be permitted in residential districts. Clinics not located adjacent to a hospital shall be permitted as permitted uses only in the appropriate commercial districts, and other districts as shown in Section 1123.01.
      (Ord. 113-9. Passed 1-17-94.)

1123.11 HOME OCCUPANCY BUSINESSES.

   Any home occupation not specifically designated in the permitted use table may be classified by the Planning Commission upon written application by the recipient. Any decision of classification by the Planning Commission can be rebutted by Council.
(Ord. 113-9. Passed 1-17-94.)

1123.12 LOADING DOCKS.

   When a loading dock is constructed on any side of a manufacturing or commercial building, that side of the building shall set in from the property line at least 100 feet.
(Ord. 113-9. Passed 1-17-94.)

1123.13 JUNKYARD AND AUTOMOBILE GRAVEYARDS.

   The establishment of junkyard and automobile graveyards as defined in Section 1111.01 (9) and (40) is prohibited within the corporation limits of the City.
(Ord. 113-9. Passed 1-17-94.)

1123.14 EXOTIC AND NON-DOMESTICATED PETS.

    (a)    No land or building in a residential district, or any used for residential proposes in any other district, shall be used for the housing or breeding of exotic, unusual, or other non- domesticated animals which by their nature could be considered a public nuisance, through the creation of odors and/or noise, or a public hazard, through the potential risk of serious physical harm to persons and/or property.
   (b)    This provision shall not apply to animals bred and raised for normal agricultural purposes on land primarily used for agricultural purposes.
(Ord. 113-9. Passed 1-17-94.)

1123.15 SALE OF PERSONAL ITEMS.

   (a)   Garage sales in residential areas shall be restricted to a maximum of four consecutive days and a total twelve calendar days per year.
   (b)   All items displayed for sale in residential areas shall be restricted to a maximum of thirty days per year.
(Ord. 98-10. Passed 8-6-99.)

1125.01 MINIMUM LOT AREA.

   (a)    Unless otherwise herein provided, any lot within the City shall have a minimum lot area as established for each Zoning District as described in Appendix "A" of this chapter.
   (b)    Under no circumstance, whether under special use permit, planned unit development permit, variance, or any other means, shall lot sizes be reduced to allow more than four (4) dwelling unity per gross acre in any R-1 District, seven (7) dwelling units per gross acre in the R-2 District, or more than one (1) dwelling unit per 1500 square feet of land in any other district.
   (c)    A lot on which one of the following uses is located may not be less than the area prescribed as follows:
 
USE                  MINIMUM LOT AREA
Airport                80 acres
Cemetery or Crematory          20 acres
Clinic                   15,000 sq. ft.
Commercial Greenhouses          25,000 sq. ft.
Heliport                1 acre
Hospital                5 acres
Overnight Camp and Travel Trailer Parks    5 acres
Public or Employee Parking Lot       1,500 sq. ft.
Riding Stable                20,000 sq. ft.
plus 5,000 sq. ft. per horse
   (d)    In no case shall any lot in the City contain less than 6,000 square feet in area.
(Ord. 113-9. Passed 1-17-94.)

1125.02 MAXIMUM DENSITY AND COVERAGE.

   Unless otherwise herein provided, no lot shall have a density of building coverage, including accessory uses, which exceeds the restrictions in Appendix "A" of this chapter.
(Ord. 113-9. Passed 1-17-94.)

1125.03 MINIMUM LOT WIDTH AND DEPTH.

   (a)    Unless otherwise herein provided, any lot within the City shall have a minimum width as established for each Zoning District as described in Appendix "A" of this chapter.
   (b)    In no case shall any lot in the City be less than fifty (50) feet in width.
   (c)    Any lot within the City shall have a minimum depth of 120 feet.
(Ord. 113-9. Passed 1-17-94.)

1125.04 LOCATION OF LOTS.

   All lots in any district on which a structure is used or intended to be used for a residential purpose shall front upon a public right-of-way with an improved street meeting all the requirements of the City.
(Ord. 113-9. Passed 1-17-94.)

1125.05 MINIMUM DWELLING BUILDING SIZE.

   (a)    In any R-1A District, no dwelling shall have a total living area of less than 1,800 square feet, nor a ground floor area less than 1,000 square feet in area.
   (b)    In any R1 District, no dwelling shall have a total living area of less than 1,500 square feet, nor a ground floor area less than 750 square feet in area.
   (c)    In the R-2 District, no dwelling shall have a total living area of less than 750 square feet of floor area, nor a ground floor area of less than 600 square feet.
   (d)    In any R-3A District, no dwellings shall have a total living area of less than 1,100 square feet, nor a ground floor area of less than 500 square feet per unit.
   (e)    In all other districts, no dwelling shall have a total living area of less than 450 square feet of floor area per dwelling unit, nor a ground floor area of less than 500 square feet plus 100 square feet per unit.
   (f)    No structure used for dwelling purposes shall have less than 600 square feet of ground floor area, nor shall it have less than 450 square feet of living area for each dwelling.
(Ord. 113-9. Passed 1-17-94.)

1125.06 MAXIMUM BUILDING HEIGHT.

   (a)    Unless otherwise herein permitted, no building shall be erected or changed to a height in excess of the limits as established for each Zoning District as described in Appendix "A" of this Chapter.
   (b)    Special uses may be permitted to a height not to exceed one hundred fifty percent (150%) of the maximum allowed height in any district except in any R-1 or R-2 District.
(Ord. 113-9. Passed 1-17-94.)

1125.07 MINIMUM BUILDING SETBACK.

   (a)    Unless otherwise herein permitted, the minimum depth of front and rear yards and the minimum width of side yards shall be no less than as established for each Zoning District as described in Appendix "A" of this chapter.
   (b)    In all districts, building shall either be connected by a common fire wall, or be at least eight (8) feet apart, or a minimum of five (5) feet from the property line, whichever is greater.
(Ord. 113-9. Passed 1-17-94.)
   (c)   Porches and decks shall comply with the minimum yard setbacks as set forth in Appendix “A” of this chapter.
   (d)   Portable buildings, canopies, etc., must be located in rear or side yards and must maintain a ten foot setback from any lot line. On corner lots these structures may not project beyond the minimum front yard setback along the streets.
(Ord. 98-10. Passed 8-16-99.)

1125.08 EXCEPTIONS FOR NON-CONFORMING RESIDENTIAL USES.

   (a)    Any expansion of non-conforming residential uses shall be required to meet the front yard, rear yard, side yard, and lot coverage restrictions as established for the R-3 District as described in Appendix "A" of this chapter.
   (b)    Non-conforming residential uses shall be required to meet all other standards or restrictions as established for the applicable Zoning District as described in Appendix "A" of this chapter.
(Ord. 113-9. Passed 1-17-94.)

APPENDIX A SCHEDULE OF REGULATIONS

(Limiting Height, Bulk, Density, Setbacks and Area by District)
 




Districts


Minimum Lot Area
in Sq. Ft.


Minimum Lot Width Per Unit in Ft.

Maximum Height of Building in Feet

Minimum Yard Setback
Per Lot in Feet)
 
Front Side Rear
Maximum Residential Building Coverage for Lot Area in Percent
Maximum Nonresidential Building Coverage for Lot Area in Percent
R-1A
15,000
100
35
45
12
30
30%
5%
R-1
11,400
95
35
40
10
25
25%
25%
R-2
7,800
65
35
35
5
25
30%
30%
R-3
6,000
(Single, Two- Family and Non-
residential)
1,500 Per Unit
(Multi-Family)
50
(Single, Two- Family and Non-
residential)
20 Per Unit
(Multi-Family)
35
(Single and Two Family)
60
(Multi-Family and Non-
residential)
35
5
(Resi - dential)
15
(Nonresi- dential)
25
40%
40%
R-3A
7,200
(Single-Family and Non-
residential)
6,000
Per Unit
(Two-Family and
Multi-Family)
60
(Single-Family and Non-
residential)
40 Per Unit
(Two-Family and Multi-family)
35
(Single-Family, Two-Family and Nonresidential)
50
(Multi-Family)
35
5
25
35%
35%
LB
6,000
(Single, Two- Family and Non-
residential
1,500 Per Unit
(Multi-Family)
50
(Single-Family, Nonresidential and Two-Family)
20 Per Unit
(Multi-Family)
35
(Single and Two- Family)
60
(Multi-Family and
Nonresidential)
30
5
(Residential)
10
(Nonresidential)
20
40%
50%
 
 
 




Districts


Minimum Lot Area in Sq. Ft.


Minimum Lot Width Per Unit in Ft.

Maximum Heights of Building in Feet

Minimum Yard Setback (Per Lot in Feet)

Front Side Rear
Maximum Residential Building Coverage for Lot Area in Percent
Maximum Nonresidential Building Coverage for Lot Area in Percent
GB
6,000
(Single, Two- Family and Non-
residential)
1,500 Per Unit
(Multi-Family)
50
(Single, Two- Family and Non-
residential)
15 Per Unit
(Multi-Family)
60
20
(Non-
residential)
25
(Resi- dential)
5*
15
40%
60%
CB
6,000
(Single, Two-
residential)
50
(Single, Two-
Residential)
15 Per Unit
(Multi-Family)
60
0*
(Non Multi-
Family)
25
Other
(Resi- dential)
0*
15
60%
85%
HB
43,560
(1 Acre)
100
35
50
15
25
-------------
50%
OB
7,500
(Nonresidential)
2,500 Per Unit
(Multi-Family)
60
(Nonresidential)
20 Per Unit
(Multi-Family)
45
25
10
20
40%
60%
RB
10,000
60
35
35
10
20
-------------
40%
 
 
 




Districts


Minimum Lot Area in Sq. Ft.


Minimum Lot Width Per Unit in Ft.

Maximum Heights of Building in Feet

Minimum Yard Setback (Per Lot in Feet)

Front Side Rear
Maximum Residential Building Coverage for Lot Area in Percent
Maximum Nonresidential Building Coverage for Lot Area in Percent
 
PF
20,000
100
35
50
(Non- residential)
40
(Single-
Family)
25
(Nonresi- dential)
15
(Single-
Family)
50
(Nonresi- dential)
25
(Single-
Family)
30%
40%
LM
10,000
60
50
10
(Industrial)
25
(Non- Industrial)
5*
15
---------------
65%
GM
12,000
70
100
10
(Industrial)
20
(Non- Industrial)
5*
15
-------------
75%
C
20,000
100
35
35
25
25
--------------
10%
 
*   If Yard abuts a Residential District, setback shall be increased to 10 feet.

1127.01 INTENT AND PURPOSE.

   The intent and purpose of this chapter shall be to accommodate and encourage development of large tracts of land for residential, commercial, industrial, public or compatible mixed uses, in accordance with an overall plan for the area.
(Ord. 113-9. Passed 1-17-94.)
 

1127.02 PROCEDURE.

   (a)    The applicant or applicants shall apply in writing to the Planning Commission for a planned unit development permit, such application to be accompanied by all necessary, general and detailed plans for determinations.
   (b)    The Commission shall treat such application as an amendment, certifying its recommendations to Council.
   (c)    Council shall act in the same manner prescribed by law for amending this Zoning Ordinance.
   (d)    If a planned unit development is permitted, permits shall be issued according to such approval given by Council, and the approved development shall become a part of this Ordinance as would any other amendment.
   (e)    If after twenty-four months, no construction has been started and if within five years the development has not been completed, the area involved shall revert back to the original district.
   (f)    All duly approved planned unit development, shall be designated a "P.U.D." on the official Zoning Map.
(Ord. 113-9. Passed 1-17-94.)

1127.03 PERFORMANCE STANDARDS.

All planned unit development plans must meet the following requirements:
    (a)    The plan must be in conformity with a comprehensive plan, as now or in the future adopted, or amended;
    (b)    The minimum site area shall be ten acres;
   (c)    Layout and design must meet the general requirement of this Zoning Ordinance for the uses involved except that individual lot sizes may be reduced by not more than 25% from the sizes required by this Ordinance;
   (d)    A minimum of ten percent (10%) of the land developed shall be reserved as common open space and recreational facilities for the residents or users of the area being developed;
   (e)    Any commercial, industrial, or public use shall comply with the minimum landscaping requirements in Chapter 1136 of the Zoning Ordinance.
   (f)    The plan must be in the interests of the public, generally following the purposes and intentions of this Ordinance, and must be in complete conformance with all other applicable regulations;
   (g)    The Planning Commission and Council may require such information and agreements as necessary to protect the intent of this chapter;
   (h)    Mixed density, open spaces, mixed uses and the location and arrangement thereof shall be compatible with one another and with the surrounding areas and must be in the interest of total community development.
      (Ord. 113-9. Passed 1-17-94.)