This chapter shall be known as the zoning code.

(1981 Code, § 150.01) (Ord. 6570-93, passed 12-13-1993)

   In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, adopted for the promotion of the public health, safety, and the general welfare. Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations, chapter, or resolutions, the most restrictive, or that imposing the higher standards shall govern.

(1981 Code, § 150.02) (Ord. 6570-93, passed 12-13-1993)

   For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   ACCESSORY USE OF STRUCTURE. A use of structure (such as a garage) incidental to the main use of the land or building. In buildings restricted to residence use, the office of a professional person, and workshops not conducted for compensation shall be deemed accessory uses. In commercial, institutional and industrial areas, parking lots are accessory uses.

   ADULT FOSTER CARE HOMES. A personal residence or family home in which accommodations and personal assistance are provided to not more than 5 unrelated adults, at least 1 of whom receives supplemental security income pursuant to Title XVI of the Social Security Act, 42 U.S.C. 1382, or poor relief pursuant to R.C. Ch. 5113 (now repealed).

   AGRICULTURE. Includes farming, dairying, pasturage, agriculture, horticulture, viticulture, animal and poultry husbandry and the processing and sale of agriculture products from land under same ownership.

   AUTOMOTIVE REPAIR. The repair, rebuilding or reconditioning of motor vehicles or parts thereof, including collision service, painting and steam cleaning of vehicles.

   AUTOMOTIVE SALES. The sale or rental of new or used motor vehicles or trailers.

   AUTOMOBILE SERVICE STATION. Any building, structure, or land used for the dispensing, sale or offering for sale at retail of any automobile fuels, oils, or accessories, including lubrication of automobiles and replacement or installation of minor parts and accessories but not including major repair work, such as motor replacement, body and fender repair or spray painting.

   BASEMENT. A story partly underground and having more than 50% of its height below the average level of the adjoining ground. A basement should not be considered a store for purposes of height measurement, or in determining the permissible number of stories or in computing floor area, or in calculating living area unless specifically designed and constructed as living space.

   BED AND BREAKFAST. A residential building, or part thereof, where, for compensation and by arrangement, prepared meals and lodging are temporarily provided for unrelated individuals. Parking for said facilities shall be provided off street in conformance with the requirements of this code and the Engineering Department Supervisor's Office. The number of parking spaces to be provided shall be the total number of bedrooms in the facility, plus 1, plus 1 for each employee. BED AND BREAKFAST facilities are subject to all requirements of the Hotel/Motel Tax.

   BOARD. The Board of Zoning Appeals of the city.

   BOARDING HOUSE, ROOMING HOUSE, LODGING HOUSE, OR DORMITORY. A building or part thereof, other than a hotel, motel, or restaurant where meals and/or lodging as provided for compensation for 3 or more unrelated persons where no cooking or dining facilities are provided in individual rooms.

   BUILDING. Any structure other than a boundary wall or fence.

   BUILDING, FRONT LINE OF. The line or that face of the building nearest the front line of the lot. This face includes porches whether enclosed or unenclosed but does not include steps.

   BUILDING, HEIGHT OF. The vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or the mean height level between eaves and ridge for gable, hip and gambrel roofs.

   BUILDING, PRINCIPAL. A building in which is conducted the main or principal use of the lot on which said building is situated.

   BUSINESSES.

      (1)   CENTRAL BUSINESS. Includes comparison and convenience shops; personal, professional, business and financial services; public and semipublic uses and other activities of a comparable nature which contribute to the function of a compact central area as determined by the Board.

      (2)   COMMUNITY SHOPPING CENTER. Includes retail outlets and service enterprises which lend themselves to the functions of a unified shopping center of 10 to 50 acres in size.

      (3)   HIGHWAY AND GENERAL BUSINESS. Includes commercial uses requiring location on major thoroughfares and at intersections. Highway uses include motels, gas stations and restaurants. General and service businesses include auto and farm implement sales and services, building trades and services, commercial recreation and other commercial uses which do not lend themselves to a unified commercial center plan.

      (4)   INSTITUTION AND OFFICE AREAS. Include institutions of a charitable, philanthropic or religious nature; insurance and other main and regional business offices; medical centers and other comparable uses as determined by the Board of Appeals. These uses require spacious sites.

      (5)   NEIGHBORHOOD BUSINESS. Retail establishments which serve and can be located in proximity to residences without creating undue traffic congestion, excessive noise or other objectionable influences. To prevent traffic congestion, local retail uses include only those enterprises which normally employ less than 5 persons. Permitted uses include drug stores, beauty salons, barber shops, plus hardware stores and groceries of less than 10,000 square feet of floor area. Other small businesses of an equally restricted and local nature may be permitted based on the discretion of the Board of Appeals.

   BUSINESS SERVICES. Any activity conducted for gain which renders services primarily to other commercial or industrial enterprises or which services and repairs appliances and machines used in homes or business.

   CHILD CARE/NURSERY SCHOOL. Any place, home or institution which cares for young children apart from their parents when received for regular periods of time for compensation such as kindergarten, nursery school or class for young children that develops basic skills and social behavior by games, exercises, toys, and simple handy craft.

   CLINIC. An establishment where patients who are not lodged overnight are admitted for examination and treatment by a group of physicians practicing medicine together.

   CLUB. A building or portion thereof or premises owned or operated by a corporation, association, person or persons for a social, education or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business.

   COMMERCIAL ENTERTAINMENT FACILITIES. Any activity conducted for gain which is generally related to the entertainment field, such as motion picture theaters, carnivals, nightclubs, and similar entertainment activities.

   COMMISSION. The Planning Commission of the city.

   CONDITIONAL USE (SPECIAL EXCEPTIONS). A use which is subject to conditional approval by the Board of Appeals. A conditional use may be granted by the Board of Appeals only when there is a specified provision for such special exceptions made in this chapter. A conditional use is not considered to be a nonconforming use.

   COUNCIL. The Council of the city.

   DISABLED VEHICLES. An automotive or motorized vehicle which because of its mechanical or structural conditions is inoperative except for routine maintenance or minor repairs.

   DISTRICTS, ZONING. Administrative tracts designating the uses to which land can legally be utilized. Boundaries of the districts are shown on the district map which is part of this chapter.

   DRIVE-IN COMMERCIAL USES. Any retail commercial use providing considerable off-street parking and catering primarily to vehicular trade such as drive-in restaurants, drive-in theaters and similar uses.

   DWELLING. Any building or portion thereof which is designated for or used for residential purposes.

   DWELLING, MULTIPLE. A building used or designed as a residence for 3 or more families living independently of each other and doing their own cooking therein, including apartment houses, garden apartments, row houses, town houses and condominium structures.

   DWELLING, SINGLE FAMILY. A building designed for or occupied exclusively by 1 family.

   DWELLING, 2-FAMILY. A building designed for or occupied exclusively by 2 families living independently of each other, including a duplex (1 dwelling unit above the other), or a semi-detached dwelling (1 dwelling unit beside the other).

   ENGINEER. The Engineer of the city.

   ESSENTIAL SERVICES. The erection, construction, alteration, or maintenance, by public utilities or municipal or other governmental agencies, of underground gas, electrical or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, popes, traffic signals, hydrants and other similar equipment and accessories in connection therewith: reasonable necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety of general welfare, but not including buildings.

   FAMILY. One or more persons occupying a dwelling and living as a single housekeeping unit and doing their own cooking on the premises as distinguished from a group occupying a boarding house or hotel, as herein defined.

   FINANCIAL INSTITUTIONS. Offices, institutions and organizations providing depositories for funds and savings, banking and investment services, insurance and similar financial services.

   FOOD PROCESSING. The preparation or processing of food products. Examples of activities included are bakeries and dairies.

   FRONTAGE. All the property on one side of a street between 2 intersecting streets (crossing or terminating), measured at the setback line--or if the street is dead-ended, then all of the property abutting on one side between an intersecting street and the dead- end of the street.

   GARAGE, PRIVATE. An accessory building designed or used for the storage of motor-driven vehicles owned and used by the occupants of the building to which it is accessory. Not more than 1 of the vehicles may be a commercial vehicle of more than 1-ton capacity.

   GARAGE, PUBLIC. A building or portion thereof, other than a private or storage garage, designed or used for equipping, servicing, repairing, hiring, selling or storing motor-driven vehicles.

   GROUP HOMES. A residential facility that provides room and board, personal care, rehabilitation services, and supervision in a family setting for not more than 10 persons with developmental, social, or behavioral problems.

   HIGHWAY, MAJOR. A street or road of considerable continuity and used primarily as a traffic artery for intercommunication among large areas.

   HOME OCCUPATION. An accessory use of a service character customarily conducted within a dwelling by the residents thereof, which is clearly secondary to the use of the dwelling for living purposes and conforms to the conditions prescribed for home occupations in § 150.38.

   HOTEL. A building in which lodging or boarding are provided and offered to the public for compensation and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours. As such, it is open to the public in contradistinction to a boarding house which are herein separately defined.

   INDUSTRY, EXTRACTIVE. Any mining, quarrying, excavating, processing, storing, separation, cleaning or marketing of any mineral natural resource.

   INDUSTRY, GENERAL. Any manufacturing or industrial production which by the nature of the materials, equipment and process utilized are objectionable by reason of odor, radiation, noise, vibration, cinders, gas fumes, dust, smoke, refuse matter or water carried waste. Any manufacturing or industrial process permitted in an "I-2" District shall comply with the performance requirements specified in § 150.45.

   INDUSTRY, RESTRICTED. Any manufacturing or industrial production which by the nature of the materials, equipment and process utilized are to considerable measure clean, quiet and free of any objectionable or hazardous element. Restricted industrial uses shall be conducted entirely within enclosed, substantially constructed buildings, involving the use of only light machinery and equipment and requiring no open storage of materials or equipment other than for the unloading or loading operations at the rear or within enclosure which abut a building. Permitted uses shall comply with the performance requirements specified in § 150.45, and shall include the industrial uses listed below and any other uses which are determined by the Board to be of the same restricted character: drugs, sporting goods: processing and assembly of glass products, small household appliances, electronic products and parts for production of finished equipment: research and testing laboratories, printing and engraving plants, bakeries or dairies.

   INSTITUTION. Buildings or land occupied by a nonprofit corporation or a nonprofit establishment for public use.

   JUNK STORAGE AND SALES (SALVAGE OPERATIONS. Any lot, land or structure which is maintained or operated for the purpose of storing, keeping, buying, or selling junk, and includes garbage dumps and sanitary landfills.

   LAND USE (DEVELOPMENT PLAN). The long-range plan for the desirable use of land in areas as adopted by the Planning Commission; the purpose of such plan being, among other purposes, to serve as a guide in future development and zoning for the community.

   LAW DIRECTOR. The Law Director of the city.

   LOADING SPACE. A space within the main building or on the same lot therewith, providing for the standing, loading or unloading of trucks and having a minimum dimension of 12 x 30 feet and a vertical clearance of at least 14 feet.

   LOT. A parcel of land occupied or intended for occupancy by a use permitted in this chapter, including 1 main building together with its accessory buildings, the open spaces and parking spaces required by the chapter, and having its principal frontage upon a street or upon an officially approved place. A lot may or may not be the land shown on a duly recorded plat.

   LOT COVERAGE. Percentage of lot coverage shall be the ratio of enclosed ground floor area of all buildings to the horizontally projected area of the lot, expressed as a percentage.

   LOT OF RECORD. Any lot which individually or as a part of a subdivision has been recorded in the Office of the Recorder of Deeds of the County.

   LOT, MINIMUM AREA OF. The area of a lot computed exclusive of any portion of the right-of-way of any public thoroughfare.

   LOT WIDTH. The width of a lot at the building setback line measured at right angles to its depth.

   MAYOR. The Mayor of the city.

   MINERAL EXTRACTION, STORAGE AND PROCESSING. Any mining, quarrying or processing of limestone, sand, gravel or other mineral resources.

   MOBILE HOME. A detached dwelling unit designed to be transported on highways, and when arriving at the site for placement involving only minor and incidental unpacking, assembly, and connection operations: but which involves no substantial reconstruction which would render the unit unfit as a conveyance on the highway.

   MOBILE HOME PARK. An area manifestly designed for rent or lease of mobile homes in a safe, sanitary and desirable manner as described in § 150.40.

   MORE RESTRICTIVE. In reference to a nonconforming use, the changing of a use to more nearly conform to the permitted use, thus increasing the requirements such as side yards, or generally increasing compatibility of a nonconforming use to the requirements of the district in which it is located.

   MOTEL. A building or group of buildings used for the temporary residence of motorists or travelers.

   MUNICIPALITY OR CITY. The City of Van Wert, Ohio.

   NONCONFORMING USE. The use of land or a building, or portion thereof, existing at the time of enactment of this chapter, and which does not conform with the use regulations of the district in which it is situated.

   NURSERY, NURSING HOME. A home or facility for the care and treatment of babies, children, pensioners, or elderly people.

   OFFICES. Space primarily for administrative and clerical activities.

   OFF-STREET PARKING SPACE. Any parking space located wholly off any street, alley, or sidewalk, either in an enclosed building or on an open lot and where each parking space has an area of not less than 180 square feet, exclusive of access drives or aisles.

   OUTDOOR ADVERTISING. Any sign situated on private premises with an area greater than 100 square feet on which the written or pictorial information is not directly related to the principle use of the land on which such sign is located.

   PERSONAL SERVICES. Any enterprise conducted for gain which primarily offers services to the general public such as shoe repair, watch repairing, barber shop, beauty parlors and similar activities.

   PLANNING COMMISSION. The Planning Commission of the city.

   PREFABRICATED, MODULAR OR INDUSTRIAL-IZED DWELLING UNIT. A dwelling consisting of materials or products prefabricated in a manufacturing plant and transported, assembled and erected on site on a permanent foundation.

   PROFESSIONAL ACTIVITIES. The use of offices and related spaces for such professional services as are provided by doctors, dentists, lawyers, architects, and engineers, and other related professionals.

   PUBLIC SERVICE FACILITY. This definition shall apply to any publicly or privately owned facility for the erection, construction, alteration, operation or maintenance of buildings, power plants or substations*, water treatment plants or pumping stations, sewage disposal or pumping plants and other similar public service structures by a public utility, by a railroad, or by a municipal or other governmental agency, including the furnishing of electrical, gas, rail transport, communication, public water, and sewage disposal services. *These facilities can only be operated in a zoning district designated I-2.

   PUBLIC USES. Public parks, schools, and administrative, cultural and service buildings, not including public land or buildings devoted solely to the storage and maintenance of equipment and material.

   RECREATIONAL FACILITIES.

      (1)   NONCOMMERCIAL RECREATIONAL FACILITIES. Private and semipublic recreational facilities which are not operated for commercial gain, including private country clubs, riding clubs, golf courses, and other private noncommercial recreation areas and facilities or recreation centers, including private community swimming pools.

      (2)   COMMERCIAL RECREATIONAL FACILITIES. Recreational facilities open to the public, established and operated for a profit, such as commercial golf courses, golf driving ranges, swimming pools, skating rinks, riding stables, race tracks, carnivals, and similar commercial enterprises.

   RECREATION VEHICLES AND EQUIPMENT.

      (1)   MOTORIZED HOME. A portable dwelling designed and constructed as an integral part of a self-propelled vehicle.

      (2)   TRAVEL TRAILER. A vehicular portable structure built on a chassis not exceeding a gross weight of 4,500 pounds when factory equipped for the road, nor exceeding 30 feet in length, designed to be used as a temporary dwelling for travel, recreation and vacation uses, permanently identified as a "Travel Trailer" by the manufacturer.

      (3)   PICK-UP CAMPER. A structure designed primarily to be mounted on a pick-up or truck chassis with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreation or vacation uses.

      (4)   FOLDING TENT TRAILER. A portable canvas, metal or plastic folding structure mounted on wheels and designed for travel and vacation uses.

      (5)   BOAT AND BOAT TRAILERS. Boats, floats and rafts including equipment for their transport on the highway.

      (6)   UTILITY TRAILER. A structure built on a chassis on wheels for the purpose of hauling goods and equipment.

   RESIDENTIAL CARE FACILITY/ASSISTED LIVING. A home, licensed by the state, or institution that provides living accommodations for unrelated individuals who are dependent on the services and/or intermittent supervision of others by reason of age and physical or mental impairment, but who may require skilled nursing care for no more than 120 days per year.

   RESIDENTIAL FLOOR AREA. The interior floor area of a dwelling, including stairways, halls and closets but not including basements, porches, garages, breezeways or carports.

   SEMIPUBLIC (QUASI-PUBLIC) USES. Churches, Sunday schools, parochial schools, colleges, hospitals and other institutions of an educational, religious, charitable, philanthropic or nonprofit nature. Facilities operating under the definition of semipublic uses shall be permitted to provide day care and pre-school services for children at the facility providing they are certified to provide such services under the Ohio Revised Code. All facilities shall have adequate parking facilities as verified by the Engineering Department Supervisor.

   SETBACK LINE. A line established by zoning, platting or other legal means on a lot, a specified distance from and parallel to the lot line to restrict the encroachment of buildings on the lot line.

   SEXUALLY ORIENTED BUSINESS. For purposes of this chapter, “sexually oriented business” shall be defined as it is in        of the City Code, and any subsequent amendments thereto.

   SIGN, BUSINESS. A sign which directs attention to a business, profession, commodity or entertainment conducted, sold or offered on the premises. A "For Sale" sign or a "For Rent" sign relating to the property on which it is displayed shall be deemed a business sign.

   SIGN, OUTDOOR ADVERTISING. A sign which directs attention to a business, commodity or service or entertainment conducted, sold or offered elsewhere than on the premises.

   SOCIAL ACTIVITIES. Any building and land used for private or semi-private club activities, including lodges, fraternities and similar activities.

   SPECIALIZED ANIMAL RAISING AND CARE. The use of land and buildings for the raising and care of fur-bearing animals such as rabbits and domestic pets; and the stabling and care of horses, animal kennels, pigeon raising and raising of any other domestic animals or birds of a similar nature.

   STORY. That portion of a building other than a basement included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it. A basement shall be counted as a story if it is used for living quarters or if 2/3 of its volume is about the average level of the adjacent ground.

   STREET LINE, RIGHT-OF-WAY LINE. A dividing line between a lot, tract or parcel of land and contiguous street.

   STRUCTURAL ALTERATION. Any change which would tend to prolong the life of a supporting member of structure such as bearing walls, columns, beams or girders.

   STRUCTURE. Anything constructed or erected other than a building, the use of which requires permanent location of the ground, or attached to something having a permanent location on the ground, including, but without limiting, the generality of the foregoing, advertising signs, billboards and backstops for tennis courts.

   TAVERN. A business which requires an Ohio State alcoholic beverage license and whose trade is primarily the sale of alcoholic beverages, or the sale of alcoholic beverages and meals which are to be consumed upon the premises.

      (1)   Wireless telecommunications facilities (cables, wires, lines, wave guides, antennae) and/or an associated equipment shelter; and/or

      (2)   A wind energy facility consisting of one wind turbine/wind generator and any accessory structure and building, including substations, meteorological towers, electrical infrastructure, transmission lines and other appurtenant structures and facilities.

   TRAILER, SMALL UTILITY. Any trailer drawn by passenger automobile, used for the occasional transport of personal effects.

   TREASURER. The Treasurer of the city.

   TRUCK PLAZA. A gasoline/diesel fuel dispensing station that is designed for use by semi-tractors, trailers and other similar vehicles, and the ancillary commercial uses, including but not limited to restaurants, food and beverage counters, lounges and showers.

   VARIANCE. A variance is a relaxation of requirements where such variation will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of actions of the applicant, a literal enforcement of this chapter would result in unnecessary and undue hardship.

   VETERINARY ANIMAL HOSPITAL OR CLINIC. A place used for the care, grooming, diagnosis, and treatment of sick, ailing, infirm, or injured animals, and night accommodations on the premises for the treatment, observation and/or recuperation.

   WAREHOUSING. The bulk storage of goods.

   YARD. An open space at grade between a building and the adjoining lot line unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth or a rear yard, the minimum horizontal distance between the lot line and the main building shall be used.

   YARD, FRONT. A yard extending across the front of a lot between the side lot lines and being the minimum horizontal distance between the street right-of-way and the main building of any projections of the usual uncovered steps, uncovered balconies, or uncovered porch. On corner lots, the front yard shall be considered as parallel to the street upon which the lot has its least dimension.

   YARD, REAR. A yard extending across the rear of a lot and being the required minimum horizontal distance between the rear lot line and the rear of the main building or any projection thereof, other than the projections of uncovered steps, or unenclosed porches.

   YARD, SIDE. A yard between the main building and the side line of the lot and extending from the required front yard to the required rear yard, and being the minimum horizontal distance between a side lot and the side of the main building or any projections thereof.

   ZONING CERTIFICATE. The document issued by the Zoning Inspector authorizing the use of the land or buildings.

   ZONING DISTRICT MAP. The zoning district map or maps of the municipality, together with all amendments subsequently adopted.

   ZONING INSPECTOR. The Zoning Inspector or his or her authorized representative appointed by the Mayor and confirmed by the Council.

(Ord. 6570-93, passed 12-13-1993; Am. Ord. 6863-98, passed 5-27-1998; Am. Ord. 6895-98, passed 5-27-1998; Am. Ord. 6891-98, passed 9-28-1998; Am. Ord. 6927-98, passed 10-26-1998; Am. Ord. 01-02-007, passed 4-9-2001; Am. Ord. 02-02-009, passed 2-25-2002; Am. Ord. 02-02-003, passed 2-25-2003; Am. Ord. 08-12-099, passed 1-26-2009; Am. Ord. 11-09-054, passed 11-14-2011; Am. Ord. 20-04- 024, passed 7-27-2020)(Ord. 6570-93, passed 12-13-1993; Am. Ord. 6863-98, passed 5-27-1998; Am. Ord. 6895-98, passed 5-27-1998; Am. Ord. 6891-98, passed 9-28-1998; Am. Ord. 6927-98, passed 10-26-1998; Am. Ord. 01-02-007, passed 4-9-2001; Am. Ord. 02-02-009, passed 2-25-2002; Am. Ord. 02-02-003, passed 2-25-2003; Am. Ord. 08-12-099, passed 1-26-2009; Am. Ord. 11-09-054, passed 11-14-2011; Am. Ord. 20-04-024, passed 7-27-2020; Am. Ord. 24-06-035, passed 7-8-2024; Am. Ord. 25-04-019, passed 5-28-2025; Am. Ord. 25-10-047, passed 11-24-2025)

   The municipality is hereby divided into districts under 3 general categories which shall be known as: residential districts, business districts and industrial districts.

(1981 Code, § 150.05) (Ord. 6570-93, passed 12-13-1993)

   (A)   R-1 Low Density Residence: For relatively low density residential development.

   (B)   R-2 Medium Density Residence: For medium density residential development.

   (C)   R-3 High Density Residence: For moderately high density residential development which has convenient access to all community services.

(1981 Code, § 150.06) (Ord. 6570-93, passed 12-13-1993)

   (A)   B-1 Neighborhood Business. For small local businesses with convenience-type goods such as are handled in small drug stores, plus personal services such as barber shops and beauty salons. Uses in these areas must be compatible with surrounding residences and not generate an undue amount of traffic.

   (B)   B-2 Central Business District. For existing central business district plus additional expansion area.

   (C)   B-3 Highway and General Business. For areas along major highways or thoroughfares which provide sales and services oriented to highway travelers; or general businesses including sale of and services for, motor vehicles, farm machinery, building materials, and the like.

(1981 Code, § 150.07) (Ord. 6570-93, passed 12-13-1993)

   (A)   I-1 Restricted Industrial. Areas for light industries with restricted manufacturing operations, research facilities and offices of a restricted nature which will have little or no detrimental effects on neighboring land uses.

   (B)   I-2 General Industrial. Areas which, because of their access to transportation and community services, and relative isolation from other land uses, provide good sites for most types of general industry.

(1981 Code, § 150.08) (Ord. 6570-93, passed 12-13-1993)

   (A)   The boundaries of the districts are shown upon the map which is made a part of this chapter, which map is designated as the district map. The district map and other information shown thereon are a part of this chapter. The original district map is properly attested and is on file with the City Clerk.

   (B)   No amendment to this chapter which involves matter portrayed on other official district map shall become effective until after such change and entry has been made on said map. No changes of any nature shall be made in the official zoning map or matter shown thereon except in conformity with the procedures set forth in this chapter.

   (C)   The official district map, which shall be located in the City Clerk's Office shall be the final authority as to the current zoning status of land and water area, buildings and other structures. The official district map shall be periodically updated.

(1981 Code, § 150.09) (Ord. 6570-93, passed 12-13-1993; Am. Ord. 02-06-043, passed 7-8-2002)

   (A)   The district boundary lines on the district map are intended to follow either centerlines of thoroughfares or railroads or lot lines. In the case of un-subdivided property, the district boundary lines shall be determined by the use of the scale appearing on the district map or by dimensions.

   (B)   Whenever any street, alley, or other public way is vacated by official action of the Council, the zoning district adjoining each side of such street, alley, or public way shall be automatically extended to the center of such vacation.

(1981 Code, § 150.10) (Ord. 6570-93, passed 12-13-1993)

   The regulation set forth by this chapter within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land except as hereinafter provided.

   (A)   No building, structure or land shall hereafter be used or occupied and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered unless in conformity with all of the regulations herein specified for the district in which it is located.

   (B)   No building or other structure shall hereafter be erected or altered to exceed the height, to accommodate or house a greater number of families, to have narrower or smaller rear yards, front yards, side yards or other open spaces, than herein required: or in any other manner contrary to the provisions of this chapter.

   (C)   No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.

(1981 Code, § 150.11) (Ord. 6570-93, passed 12-13-1993)

   (A)   Temporary zoning. Whenever any areas are annexed to the municipality, the same shall be considered as temporarily within a district determined as follows:

      (1)   All lots, tracts or land which, prior to annexation, were subject to zoning regulation shall be classified as being in whichever district of this chapter most clearly conforms to the zoning that had existed, such classification to be recommended by the Planning Commission to the Council and adopted by resolution of the Council.

      (2)   All lots, tracts or land which, prior to annexation, were not subject to zoning regulations shall be classified as residence district as to vacant land, and, as to improved land, as being whatever district of this chapter most clearly conforms to the future land use plan for the annexed area, such classification to be recommended by the Planning Commission to the Council and adopted by resolution of the Council.

   (B)   Permanent zoning. Within 30 days after annexation, the Planning Commission shall formulate and transmit to Council its recommendations as to permanent zoning for all annexed area, whereupon, Council shall hold at least 1 public hearing, after first giving reasonable public notice thereof, upon the question of said permanent zoning, which shall be adopted in accordance with the provisions in § 150.66 hereof with respect to amendments of this chapter.

   (C)   Conditional zoning by petition. The owner or owners of any real estate contemplating the annexation of said real estate to the city shall have the right and privilege of petitioning the Council of the city for the conditional zoning of real estate prior to the annexation of said real estate to the city, with said conditional zoning to become the final and absolute zoning automatically and simultaneously with the annexation of said real estate to the city at any time, either prior to the filing of the required petitions for annexation with the Board of County Commissioners and the Council of the city, or after said petitions have been filed and are pending. The Council of the city shall proceed with the necessary steps to comply with the Revised Code of Ohio and the ordinances of the city, by referring said petition for the conditional zoning of real estate prior to the annexation of said real estate to the city, with said conditional zoning to become the final and absolute zoning automatically and simultaneously with the annexation of said real estate to the city, to the Planning Commission of the city for its recommendation and to provide for a public hearing on the question of the proposed amendment to the zoning code to provide for the conditional zoning of real estate prior to the annexation of said real estate to the city, with said conditional zoning to become the final and absolute zoning automatically and simultaneously with the annexation of said real estate to the city shall contain the provision that said ordinance is to automatically become the final and absolute zoning of said real estate automatically and simultaneously with the annexation of said real estate to the city.

(1981 Code, § 150.12) (Ord. 6570-93, passed 12-13-1993)

   Accessory uses and essential services as defined in § 150.02 shall be permitted in all zoning districts established by this chapter.

(1981 Code, § 150.13) (Ord. 6570-93, passed 12-13-1993)

   The permitted and conditional uses for each district are shown in the following tabulations. Accessory uses and essential services shall be permitted in all zoning districts established by this chapter. The interpretation of uses listed in each district shall be as defined in § 150.03. Except as specifically defined in § 150.03, all permitted and conditional uses shall carry their customary meaning. Uses not specifically listed or interpreted to be included categorically under this section and §§ 150.05 through 150.13 shall not be permitted except by amendment to the chapter.

   (A)   R-1 Low Density Residence.

         Public uses

         Single-family dwelling

         Semipublic uses

         Public service facility

         Cemetery

         Airport

         Home occupations

         Two-family dwelling

         Professional activities

         Non-commercial recreational facilities

         Bed and breakfast

         Tower

         Cottage homes

         Single-family dwelling

         Two-family dwelling

         Public uses

         Semipublic uses

         Multiple-family dwelling

         Prefabricated home subdivision

         Public service facility

         Professional activities

         Home occupations

         Non-commercial recreational facilities

         Adult foster care home

         Bed and breakfast

         Tower

         Cottage homes

         Single-family dwelling

         Two-family dwelling

         Multiple-family dwelling

         Public uses

         Semipublic uses

         Prefabricated home subdivision

         Noncommercial recreational facilities

         Nursery school/child care

         Nursing homes

         Professional activities

         Home occupations

         Conversion of dwellings to apartments

         Mortuaries

         Mobile home park

         Clinics

         Bed and breakfast

         Residential care facility/assisted living

         Tower

         Cottage homes

         Neighborhood business

         Personal services

         Professional activities

         Public service facility

         Public uses

         Offices

         Financial institutions

         Automobile service station

         Single-family dwelling

         Two-family dwelling

         Multiple-family dwelling

         Clinics

         Bed and breakfast

         Tower

         Retail business

         Personal services

         Business services

         Offices

         Financial institutions

         Restaurants and taverns

         Motels

         Social activities

         Professional activities

         Commercial entertainment facility

         Semipublic uses

         Public service facility

         Public uses

         Upper-floor dwelling

         Automobile service stations

         Drive-in banks

         Automobile sales and repair

         Printing and publishing

         Single-family dwelling

         Two-family dwelling

         Multiple-family dwelling

         Clinics

         Bed and breakfast

         Tower

         First floor dwelling

         Homeless shelter

         Emergency shelter

         Drop in center

         Permanent supportive housing

         Transitional housing

         Retail business

         Personal services

         Business services

         Offices

         Financial institutions

         Social activities

         Drive-in commercial uses

         Motels

         Commercial entertainment

         Facilities

         Restaurants and taverns

         Mortuaries

         Public and semipublic uses

         Professional services

         Medical marijuana dispensary

         Outdoor advertising

         Wholesale business

         Printing and publishing

         Animal hospitals and clinics

         Bakeries and dairies

         Commercial recreational facilities

         Sales and storage of building materials

         Transport and trucking terminals

         Public service facility

         Automobile service stations

         Automobile sales and repair

         Single-family dwelling

         Two-family dwelling

         Multiple-family dwelling

         Group homes

         All permitted and conditional uses under I-1 restricted industrial

         Clinics

         Bed and breakfast

         Residential care facility/assisted living

         Truck plaza

         Tower

         Homeless shelter

         Emergency shelter

         Drop in center

         Permanent supportive housing

         Transitional housing

         Restricted manufacturing

         Printing and publishing

         Offices

         Public service facilities

         Homeless shelter

         Emergency shelter

         Drop in center

         Permanent supportive housing

         Transitional housing

         Warehousing

         Outdoor advertising

         Food processing

         Restaurants

         Single-family dwelling

         Two-family dwelling

         Multiple-family dwelling

         All permitted and conditional uses under B-3 highway and general business

         Clinics

         Offices

         Truck plaza

         Tower

         General manufacturing

         Manufacturing, sale and storage of building materials

         Transport and trucking terminals

         Wholesale business

         Warehousing

         Food processing

         Public service facility

         Grain elevators and feed mills

         Sexually oriented businesses, subject to § 150.51

         Homeless shelter

         Emergency shelter

         Drop in center

         Permanent supportive housing

         Transitional housing

         Data Center

         Restaurants

         Outdoor advertising

         Sand, gravel and topsoil extraction

         Motels

         Automobile service station

         Single-family dwelling

         Two-family dwelling

         Multiple-family dwelling

         Group homes

         Clinic

         Truck plaza

         Tower

(1981 Code, § 150.15) (Ord. 6570-93, passed 12-13-1993; Am. Ord. 6863-98, passed 5-27-1998; Am. Ord. 6865-98, passed 5-27-1998; Am. Ord. 00–12-094, passed 1-8-2001; Am. Ord. 01-02-007, passed 4-9-2001; Am. Ord. 02-02-003, passed 2-25-2003; Am. Ord. 02-02-009, passed 2-25-2002; Am. Ord. 08-12-100, passed 1-26-2009; Am. Ord. 11-09-055, passed 11-14-2011; Am. Ord. 20-06-034, passed 7-27-2020; Am. Ord. 21-05-037, passed 6-28-2021; Am. Ord. 24-05-029, passed 7-8-2024; Am. Ord. 24-06-035, passed 7-8-2024; Am. Ord. 25-04-020, passed 5-28-2025)

   (A)   The following schedule establishes yard, area and height requirements for dwellings and structures accessory to dwellings by district; except as provided in §§ 150.20(B) and 150.27.

 

   Five stories may be considered with approval of the Fire Department and the Board of Zoning Appeals

   (B)   Application for exceptions to the dimensional requirements may be made to the Board for existing isolated deep lot with relatively narrow frontages. Any proposed construction or erection of buildings on lots of existing record which do not meet existing setback requirements may be approved by the City Building Inspector where the proposed building lot line is in line with the existing adjacent properties.

(1981 Code, § 150.20) (Ord. 6570-93, passed 12-13-1993; Am. Ord. 6761-97, passed 3-10-1997; Am. Ord. 07-07-068, passed 8-13-2007; Am. Ord. 07-07-069, passed 8-13-2007)

   (A)   The floor area per family in dwellings erected on any lot shall not be less than that established by the following table. In determining floor area, only area used for living quarters shall be counted. Utility rooms, garages, carports, porches, laundry area, heater rooms, and basements are to be excluded.

   (B)   Minimum floor area per each family unit (square feet).

 

 

   * Add 125 square feet for each additional bedroom over 2.

(1981 Code, § 150.21) (Ord. 6570-93, passed 12-13-1993; Am. Ord. 24-06-035, passed 7-8-2024)

 

   (A)   Minimum yard requirements. Nonresidential buildings or uses shall not be located nor conducted closer to any lot line of an SR or R District than the distance specified in the following schedule, except as provided in division (B) of this section.

Minimum side or rear yard abutting any R District:

25 feet   Off-street parking and loading spaces and access drives for nonresidential uses.

50 feet   Churches, schools and public or semipublic buildings.

60 feet   Recreation facilities, entertainment facilities, motels, all business uses.

80 feet   Outside sale or storage of automobiles, trucks automobile service stations, recreation vehicles and equipment, building material or construction equipment, bulk material, and all industrial uses.

   (B)   Landscaping or screening provisions. For nonresidential uses abutting R Districts the minimum yards may be reduced to 50% of the requirements stated in division (A) above if acceptable landscaping or screening approved by the Planning Commission is provided. Such screening shall be a masonry or solid fence between 4 and 6 feet in height, maintained in good condition and free of all advertising or other signs. Landscaping, provided in lieu of such wall or fence shall consist of a marginal planting not less than 15 feet in width planted with an evergreen hedge or dense planting of evergreen shrubs not less than 4 feet in height. Parking of automobiles for nonresidential uses may be permitted within 10 feet of the boundaries of R Districts, provided screening is installed as specified herein subject to approval of a plan therefore by the Planning Commission.

(1981 Code, § 150.23) (Ord. 6570-93, passed 12-13-1993)

   Any lot of record 40 feet or wider existing at the effective date of this chapter in any R District may be used for the erection of a single-family dwelling even though its area and width are less than the minimum requirement set fourth herein. Each side yard shall be a minimum of 5 feet. Where 2 adjacent lots of record with less than the required area and width are held by 1 owner, the Board may require that the lot be combined and used for 1 main building. In either case, the prevailing setback shall be met. Where 3 or more contiguous unimproved lots of record with less than the required area and width were in existence and held under 1 ownership at the effective date of this chapter the Board shall require replatting to fewer lots to permit compliance with minimum yard requirements.

(1981 Code, § 150.24) (Ord. 6570-93, passed 12-13-1993)

   (A)   The space in any required yard shall be open and unobstructed except for the ordinary projections of window sills, belt courses, cornices, eaves and other similar architectural features, provided that such features shall not project more than 2 feet into any required yard.

   (B)   Covered and open sided structures such as porches, balconies, platforms, decks, carports, and patios, and similar architectural projections shall be considered a part of the building to which attached and shall not project into the required minimum front, side or rear yard.

(1981 Code, § 150.25) (Ord. 6570-93, passed 12-13-1993)

   (A)   Lots having frontage on more than 1 street shall provide the required front yard along the major traveled street and meet 2/3 of the setback requirement on the other street.

   (B)   No accessory buildings shall be located in any front or side yard except under unusual circumstances where such activity shall not conflict with the intent and purpose of this chapter: or, where enforcement shall result in extreme hardship. Either exception shall require approval of the Board. Accessory buildings such as garages may be located in the rear yard provided such buildings are set back at least 3 feet from the side lot lines and 6 feet from the rear lot lines.

   (C)   Where public sanitary sewer or public water supply is not available and cannot be reasonably made available, as determined by the Commission, the dimensional requirements shall conform to all Van Wert County and State of Ohio Department of Health requirements. Further, the installation of a nonpublic sewage disposal or water supply system, individual or collective, shall be in accordance with state, Van Wert County, Board of Health and city requirements.

(1981 Code, § 150.26) (Ord. 6570-93, passed 12-13-1993)

   In any district on any corner lot, no fence, structure or planting shall be erected or maintained within 30 feet of the corner at a height between 2½ and 10 feet above curb or street grade, or so as to interfere with traffic visibility across the corner. The corner shall be the point of intersection of the 2 right-of-way lines.

(1981 Code, § 150.27) (Ord. 6570-93, passed 12-13-1993)

   (A)   General requirements. In all districts, except for the defined Downtown Historic District, in connection with every industrial business, institutional, recreational, residential, or other use, there shall be provided, at any time any building or structure is erected or is enlarged or increased in capacity, off-street parking spaces for automobiles in accordance with the following requirements:

      (1)   Each off-street parking space shall have an area of not less than 180 square feet exclusive of access drives or aisles, and shall be of usable shape and condition.

      (2)   There shall be adequate provision for ingress and egress to all parking spaces. Where a lot does abut on a public or private alley or easement of access, there shall be provided an access drive not less than 8 feet in width in the case of a dwelling, and not less than 20 feet in width in all other cases, leading to the parking or storage or loading or unloading spaces required hereunder.

   (B)   Number of spaces required. The number of off-street parking spaces to be provided shall conform to the requirements specified in the following tabulation:

 

   (C)   Interpretation. The following rules shall govern the determination of spaces required:

      (1)   Floor area shall mean the gross floor area of the specified use.

      (2)   Fractional numbers shall be increased to the next whole number.

      (3)   The parking space requirement for a use not specifically mentioned herein shall be the same as required for a use of similar nature.

(1981 Code, § 150.30) (Ord. 6570-93, passed 12-13-1993; Am. Ord. 21-09-050, passed 10-25-2021)

   Every parcel of land hereafter used as a public, commercial or private parking lot shall be developed and maintained in accordance with the following requirements.

   (A)   Screening and landscaping. Off-street parking areas for more than 10 vehicles shall be effectively screened on each side which adjoins or faces premises situated in any R District, or institutional premises, by a fence of acceptable design. Such fence shall be not less than 4 feet nor more than 6 feet in height and shall be maintained in good condition without any advertising thereon. The space between such wall or fence and the lot line of the adjoining premises in any district shall be landscaped with grass, hardy shrubs, or evergreen ground cover and maintained in good condition. In lieu of such wall, or fence, a strip of land not less than 10 feet in width, and planted and maintained with an evergreen hedge or dense planting of evergreen shrubs not less than 4 feet in height, may be substituted.

   (B)   Minimum distance and setbacks. No part of any parking area for more than 10 vehicles shall be closer than 20 feet to any dwelling, school, hospital or other institution for human care located on an adjoining lot, unless separated by an acceptably designed screen. If on the same lot with a main building, the parking area shall not be located within the front yard required for such building. In no case shall any part of a parking area be closer than 10 feet to any established street or right-of-way, nor closer than 5 feet to any alley right-of-way. The wall or hedge required in division (A) hereof shall be set back from each street, the same as if it were a building wall, so as to observe the front yard requirements of this chapter. Exceptions to these parking area location requirements may be referred to the Board where existing conditions prevent reasonable compliance to the off-street parking requirements of the article.

   (C)   Joint use. Two or more nonresidential uses may jointly provide and use parking spaces when their hours of operation do not normally overlap, provided that a written agreement, approved by the Law Director and accepted by the Board of Zoning Appeals shall be filed with the application for a zoning certificate.

   (D)   Other locations. Parking spaces may be located on a lot within 300 feet other than that containing the principal use with the approval of the Board, provided a written agreement, approved by the Law Director and accepted by the Board, shall be filed with the application for a zoning certificate.

   (E)   Surfacing. Any off-street parking area for more than 10 vehicles shall be graded for proper drainage and surfaced so as to provide a durable and dust-free surface.

   (F)   Lighting. Any lighting used to illuminate any off-street parking area shall be so arranged as to reflect the light away from adjoining premises in any R District.

   (G)   Disabled vehicles. The parking of a disabled vehicle within a residential district for a period of more than 2 weeks shall be prohibited except that such vehicle may be stored in an enclosed garage or other accessory building provided that no business shall be conducted in connection therewith while such vehicle is parked or stored.

(1981 Code, § 150.31) (Ord. 6570-93, passed 12-13-1993)

   (A)   In any district, in connection with every building or part thereof hereafter erected and having a gross floor area of 10,000 square feet or less, which is to be occupied by manufacturing, storage, warehouse, retail store, wholesale store, market, hotel, hospital, mortuary, dry cleaning or other uses similarly requiring the receipt or distribution by vehicle of material or merchandise, there shall be provided and maintained on the same lot with such building at least 1 off-street loading space: plus 1 additional such loading space for each additional 20,000 square feet or major fraction thereof of gross floor area when required because of the volume of receipt or distribution by vehicle of material or merchandise.

   (B)   Each loading space shall be ample to accommodate the largest vehicle anticipated.

   (C)   Subject to the limitations in § 150.23 (A), the loading space may occupy all or any part of any required yard or court space.

   (D)   No loading space shall be located closer than 50 feet to any other lot in any R District, unless wholly within a completely enclosed building or unless enclosed on all sides by a wall or fence not less than 6 feet in height.

(1981 Code, § 150.32) (Ord. 6570-93, passed 12-13-1993)

   (A)   Definition. As defined in this section a POND is any outdoor excavation capable of containing in excess of 2 feet of water at its deepest point and is less than 20,000 square feet (approximately ½ acre), is subject to the requirements in the zoning code § 150.35 on swimming pools. The construction of a pond as defined above shall meet all the requirements of the zoning code, including but not limited to front, side and rear setback requirements, fencing and drainage.

   (B)   To construct a pond as defined above in the city, an application for a permit must be submitted to the Safety-Service Director prior to any excavation.

   (C)   The minimum size of a pond within the city shall be 1½ acres.

   (D)   A fence as defined in § 150.36 of the code is required to surround a pond.

   (E)   Any property containing a pond as defined by this section annexed to the city after the effective date of this section shall comply with the fencing requirement in division (D) above.

   (F)   All ponds in existence prior to the effective date of this section shall not be subject to these regulations.

(Ord. 03-02-011, passed 4-14-2003)

   (A)   Private swimming pools. Swimming pools shall conform to the requirements of this division.

      (1)   Short title. This section shall be known as the family swimming pool section of the city.

      (2)   Definition.  POOL, as used in this section, shall be any constructed pool or portable private pool, used for swimming, washing, or bathing, over 24 inches in depth of water or with a ton water surface area exceeding 250 square feet and which is used or intended to be used as a pool in connection with a family dwelling unit and is available only to the family of the householder and his private guests.

      (3)   Location. No pool shall be constructed or installed unless it complies with all the requirements as applied to all accessory uses, as set forth in the Zoning Ordinance of the city.

      (4)   Application for permit.  

         (a)   No person shall construct or install a pool without having first applied for and secured all necessary permits therefor from the Superintendent of Public Service on such forms as may be prescribed by them. Such application shall be accompanied by plans and specifications in duplicate and in sufficient detail showing the following:

            1.   Pool dimensions, depths, volume in gallons and the distance of the pool from all lot lines, pool fencing, existing and proposed structures including septic tanks and their fields, if any.

            2.   Pool construction, including details of materials to be used, water supply, type and size of filter system, pump details and capacity, drainage, waste disposal facilities and pool piping layout.

            3.   Written approval of the Superintendent of Public Service with regard to sewer and water taps.

            4.   Pool fencing, lighting layout and estimated cost.

         (b)   The Superintendent of Public Service, after finding that the application, plans and specifications comply with the provisions hereof and all other requirements of the Municipal Code, shall issue the necessary permits for the construction or installation of such pool.

      (5)   Fencing.

         (a)   Every pool shall be completely surrounded by a fence or wall not less than 4 feet in height, which shall be so constructed as not to have openings, holes or gaps larger than 4 inches in any dimension, except for doors and gates; and if a picket, board or other like fence is erected or maintained, the distance between members thereof shall not exceed 4 inches. A dwelling-house or accessory building may be used as part of such enclosure.

         (b)   All gates or doors opening through such enclosure shall be equipped with a self-closing and self latching device for keeping the gate or door securely closed and locked at all times when not in actual use, except that door of any dwelling which forms a part of the enclosure need not be so equipped.

         (c)   As an exception to the fencing requirement for residential swimming pools, an automatic swimming pool cover shall be permitted as follows: A safety pool cover which shall:

            1.   Provide a continuous connection between the cover and the deck, so as to prohibit access to the pool when the cover is completely drawn over the pool;

            2.   Be mechanically operated by a key or key and switch such that the cover cannot be drawn open or retracted without the use of a key;

            3.   Be capable of supporting a 400-pound imposed load upon a completely drawn cover;

            4.   Is installed with track, rollers, rails, guides or other accessories necessary to accomplish divisions 1. through 3. in accordance with the manufacturer’s instructions; and;

            5.   Bear an identification tag indicting the name of the manufacturer, name of the installer, installation date and applicable safety standards, if any.

      (6)   Safety.

         (a)   A pool having water depth of 5 feet or more shall have at least 1 fully grounded, Underwriters' Laboratories, Inc., approved underwater light, located in the deepest end of the pool. Said light shall be illuminated after sundown when the pool is in actual use.

      (7)   Construction and maintenance.

         (a)   Every pool shall be constructed of materials sufficient to insure against collapse thereof and leakage of water therefrom.

         (b)   Filter pumps and other mechanical devices used in connection with any pool shall be located at least 10 feet away from adjoining premises and be so constructed as not to interfere with the comfort, repose, health, peace or safety of the occupants of adjoining premises.

         (c)   Exterior lights used to illuminate any pool shall be so arranged and shaded as to reflect light away from adjoining premises or a public street.

         (d)   All pool facilities shall be kept clean and in a sanitary condition.

      (8)   Water supply. Cross connection between the piping system of a private swimming pool and a portable water system is prohibited. If water for any pool is supplied from a portable water system, the inlet or fill pipe shall be located at least 6 inches above the overflow level of such pool.

      (9)   Drainage.

         (a)   Where the pool is not provided with adequate syphon or pumpage drainage facilities, it shall be provided with at least 1 metal grated outlet situated at the lowest level or deepest end for drainage of pool water and for backwash water disposal. The drain pipe shall be equipped with a valve located outside the walls of the pool. Sand pipe and/or syphon or pumpage facilities shall be connected to a storm sewer when said storm sewer is located in any easement, alley or street adjacent to the lot upon which the pool is located. In the event no storm sewer in available said connection shall be made with a sanitary sewer. However, in any event, all connections with either the storm sewer or the sanitary sewer shall be made only with the approval of the Superintendent of Public Service. Upon inspection of the premises, the Superintendent of Public Service may require the discharge of pool water into a dry well or series of dry wells or other dispersion point, provided that such water does not overflow onto any adjoining property.

         (b)   Pool water discharged into a brook or stream must comply with the disinfection and bacteriological regulations issued by the Health Officer of the city.

      (10)   Portable pools. All portable pools of less than 24 inches in depth of water or less than 250 square feet of top water surface area, shall be exempt from the requirements of this section; provided, however, that a responsible person shall be in attendance when the pool is in use; at all other times the pool shall be empty of water, or adequately protected to prevent accidental entry.

      (11)   Enforcement. It shall be the duty of the Superintendent of Public Service and Health Officials to enforce the provisions of this section. They may enter premises for the purpose of determining compliance therewith.

      (12)   Penalties. Any person violating any of the provisions of this section shall, upon conviction thereof, be punished by a fine not exceeding $10 on a first offense and $20 on each succeeding offense plus court costs.

   (B)   Community or club swimming pools. A community or club swimming pool shall be any pool constructed by an association of property owners, or by a private club for use and enjoyment by members of the association or club and their families. Community and club swimming pools are permitted in all districts, but shall comply with the following conditions and requirements.

      (1)   The pool is intended solely for the enjoyment of the members and families and guests of members of the association or club under whose ownership or jurisdiction the pool is operated.

      (2)   The pool and accessory structures thereto, including the areas used by the bathers, shall not be closer than 100 feet to any property line of the property on which located.

      (3)   The swimming pool and all of the area used by the bathers shall be so walled or fenced as to prevent uncontrolled access by any person from the street or adjacent properties. The said fence or wall shall not be less than 6 feet in height and maintained in good condition.

(1981 Code, § 150.35) (Res. 4038-62, passed 8-13-1962; Am. Ord. 6570-93, passed 12-13-1993; Am. Ord. 02-05-038, passed 5-13-2002)

         (a)   No fence or other structure, nor any plant material, shall be so placed as to obstruct the clear visibility of any intersection.

         (b)   A side yard adjacent to the public right-of-way shall be considered a corner side yard and shall be regulated as a front yard with a maximum fence height of 3 feet, unless otherwise approved by the Engineering Department.

      (1)   The depth of the fence posts should be one-third of the height of the fence. Exception: In comers or supporting gates, the depth in this case shall be to the frost line. Fill should be base gravel with concrete fill 6 inches below grade.

      (2)   Fences shall not be placed closer than 18 inches from telephone, cable, gas, and pedestals that would interfere with the maintenance for these utilities, if necessary. Fences shall not be placed on storm manholes, catch basins, or pipes. Exception: When an easily removable panel(s) is/are installed above catch basin or manhole.

      (3)   Homeowners are responsible for locating their pump line if buried in the backyard to avoid damaging it during construction.

      (4)   Swimming pool fences shall be regulated by the City of Van Wert Building Code.

      (5)   Written personal notification of any fences or screening in need of repair will be sent to the property owners requiring repairs or removal of the fence or screening.

      (1)   Permit fee is $20.

      (2)   To apply for the building permit, the following shall be submitted to the Building Department:

         (a)   A completed permit application;

         (b)   Plat of survey showing the proposed location, type and height of the fence;

         (c)   Survey property pins are required for inspection.

      (1)   The Building Inspector shall inspect all fences prior to installation to verify location and compliance with the City of Van Wert fencing code.

      (2)   Inspection shall be requested in writing or by telephone to the Building Department at least 24 hours in advance (419) 238-5775.

      (1)   It shall be unlawful to engage in business in the City of Van Wert as a building contractor without first having obtained a building contractor's registration.

      (2)   A homeowner is not required to be licensed as a subcontractor or general contractor to construct, demolish, rehabilitate, alter, or repair his or her own fence.

(1981 Code, § 150.36) (Ord. 6570-93, passed 12-13-1993; Am. Ord. 07-07-066, passed 8-13-2007; Am. Ord. 07-07-067; Am. Ord. 21-02-009, passed 3-22-2021; Am. Ord. 23-11-066, passed 12-18-2023)

   In an R District a residence may be converted to accommodate an increased number of dwelling units provided.

   (A)   If the building is to be altered on the outside, the yards shall not be reduced to less than the yard dimensions required by the zoning regulations for new structures in that district.

   (B)   The lot area per family is equal to the lot area requirements for new multifamily structures in that district.

   (C)   The number of square feet of living area per family unit is not less than that which is required for new construction in that district.

(1981 Code, § 150.37) (Ord. 6570-93, passed 12-13-1993)

   A home occupation shall be permitted within a dwelling unit provided:

   (A)   It does not occupy more than 20% of the gross floor area of the dwelling unit or 250 square feet, whichever is larger, and does not require alteration of the structure.

   (B)   Not more than 1 non-resident is employed.

   (C)   Sales are only of commodities or services produced on the premises.

   (D)   The only mechanical equipment installed or used is that normally used for domestic or household purposes, or normally associated with the profession or business.

   (E)   Notice or other announcement of such occupation is limited to a small sign not over 2 square feet in area.

   (F)   Home occupations that are not clearly within the definitions and provisions of this section shall require the filing of a request for variance with the Zoning Board of Appeals.

(1981 Code, § 150.38) (Ord. 6570-93, passed 12-13-1993; Am. Ord. 6864-98, passed 6-22-1998)

   (A)   A prefabricated home subdivision shall contain a minimum area of 5 acres and shall be developed in the same manner as required for any subdivision in the same district in which prefabricated home subdivisions are dwellings as defined in § 150.03.

   (B)   The development standards for a prefabricated home subdivision shall be the same as the requirements for single-family dwellings in the district in which prefabricated home subdivisions are permitted.

(1981 Code, § 150.39) (Ord. 6570-93, passed 12-13-1993)

   (A)   No mobile home, trailer or similar portable residence structures shall be permitted to locate in the city except in a mobile home park as a conditional use in an R-3 District.

   (B)   Mobile home parks shall conform to the requirements in Ordinance No. 5251-75.

(1981 Code, § 150.40) (Ord. 6570-93, passed 12-13-1993)

   (A)   Requirements. No land or building in any district shall be used or occupied in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable element or condition so as to adversely affect the surrounding area or adjoining premises provided that any use permitted by this chapter may be undertaken and maintained if acceptable measures and safeguards are employed to limit dangerous and objectionable elements to acceptable limits.

   (B)   Enforcement provisions. The Zoning Inspector or Board of Zoning Appeals, prior to the issuance of a zoning certificate, shall require the submission of statements and plans indicating the manner in which dangerous and objectionable elements involved in processing and in equipment operations are to be eliminated or reduced to acceptable limits and tolerance.

   (C)   Measurement procedures. Methods and procedures for the determination of the existence of any dangerous and objectionable elements shall conform to applicable standard measurement procedures published by the American Standards Association, Inc., Washington. D.C., and the United States Bureau of Mines.

(1981 Code, § 150.45) (Ord. 6570-93, passed 12-13-1993)

   (A)   No sign shall be permitted in any district except as hereinafter provided.

   (B)   General provisions.

      (1)   Signs not exceeding 12 square feet in area and advertising the sale, rental or lease of the premises on which the sign is located shall be permitted on any property.

      (2)   Illumination involving movement or causing the illusion of movement by reason of the lighting arrangement or other device shall be permitted in any business or industrial zoned area with approval of the city Zoning Inspector. All signs involving illumination movement or causing the illusion of movement adjacent to or in Residential Zoned areas would require approval of the Board of Zoning Appeals.

      (3)   Bulletin boards and signs for a church, school, community or other public or semipublic institutional buildings shall be permitted provided the area of such bulletin board or sign shall not exceed 15 square feet in area.

      (4)   Wall signs pertaining to a nonconforming use shall be permitted on the same premises of such use, provided the area of such sign does not exceed 20 square feet.

      (5)   No building wall shall be used for display of advertising except that pertaining to the use carried on within such building.

      (6)   Temporary signs not exceeding in the aggregate 50 square feet, announcing special events or the erection of a building, the architect, the builders, contractors, and the like, may be erected for the period of 60 days, plus the construction period.

      (7)   No sign shall be placed in any public right-of-way except publicly owned signs, such as traffic control signs and directional signs, without approval of the Board of Control.

   (C)   Business or industrial district signs.

      (1)   In a business or industrial district, each business shall be permitted 1 flat or wall sign. Projections of wall signs shall not exceed 2 feet measured from the face of the main wall of the building.

      (2)   The area of all permanent advertising signs for any single business enterprise shall be limited according to the widths of the building or part of building occupied by such enterprise. For the purpose of this section, width shall be measured along the building face nearest parallel to the street line. In the case of a corner lot, either frontage may be used in determining maximum area of the sign.

      (3)   The area of all permanent advertising signs for any single business enterprise may have an area equivalent to 1½ square feet of sign area for each linear foot of width of a building or part of a building, occupied by such enterprise, but shall not exceed a maximum area of 200 square feet, except that a larger sign may be permitted in an industrial district where the extent and acreage of the industrial enterprise warrants an exception in computing the area of free standing or protruding signs all faces on which advertising is displayed are considered sign area.

      (4)   Free-standing signs not over 30 feet in height, having a maximum total sign area of 150 square feet and located not closer than 10 feet to any street right-of-way line and not closer than 100 feet to any adjoining lot line may be erected to serve a group of business establishments.

      (5)   Pole or logo signs of symbolical design shall be permitted for business establishments provided:

         (a)   No part of such sign shall project into the right-of-way of any street or highway, without approval of the Board of Control.

         (b)   The maximum area of any face of such sign shall not exceed 50 square feet.

         (c)   The maximum height of such sign shall not exceed 30 feet.

         (d)   The pole support of the sign shall not be less than 50 feet from any lot in any R District.

         (e)   No more than 1 such sign shall be permitted for each business establishment, except that a second pole sign may be erected if the property of such business establishment is located at the intersection of major highways.

   (D)   Setback requirements. Except as provided above, signs and outdoor advertising structures, where permitted, shall be set back from the established right-of-way of any street or highway at least as far as the required front yard depth for a principal use in such district except for the following modifications:

      (1)   For every square foot by which such sign or outdoor advertising structure exceeds 80 square feet, such setback shall be increased by ½ foot but need not exceed 100 feet.

      (2)   At the intersection of any state or federal highway with a major or secondary street, the setback of any sign or outdoor advertising structure shall not be less than 100 feet from the established right-of-way of each highway or street.

      (3)   Real estate signs and bulletin boards for a church, school, or any other public or semipublic, religious or educational institution may be erected within ten feet from the established right-of-way line of any street or highway, provided such sign or bulletin board does not obstruct traffic visibility at street or highway intersections.

   (E)   Special yard provisions. The following special provisions shall be observed in the erection or placement of signs and outdoor advertising structures.

      (1)   No such sign or advertising structure shall be permitted which faces the front or side lot line of any lot in any R District within 100 feet of such lot line, or which faces any public parkway, public square or entrances to any public park, public or parochial school, library, church, or similar institution, within 300 feet thereof.

      (2)   Signs and advertising structures, where permitted, shall be erected or placed in conformity with the side and rear yard requirements of the district in which located except no sign or advertising structure shall be erected or placed closer than within 50 feet to a side or rear lot line in any district.

   (F)   Illumination. The following provisions shall be observed in the illumination of signs and advertising structures:

      (1)   All signs and advertising structures except as hereinafter modified may be illuminated internally or by reflected light, provided the source of light is not directly visible and is so arranged as to reflect away from the adjoining premises and provided that such illumination shall not be so placed as to cause confusion or hazard to traffic or conflict with traffic control signs or lights.

      (2)   No illumination involving movement or causing the illusion of movement by reason of the lighting arrangement or other devices shall be permitted.

   (G)   Permits.

      (1)   A separate permit shall be required for the erection of signs regulated by this chapter, except that no permit shall be required for temporary real estate signs with an area of 12 square feet for the sale or lease of property and for small announcement signs with an area of less than 2 square feet. Announcement signs, except those for professional and home occupations, shall be removed by the person or persons responsible for posting same within 30 days after erection.

      (2)   Each application for a sign permit shall be accompanied by a drawing showing the design proposed, the size, character and color of letters, lines and symbols, method of illumination, the exact location of the sign in relation to the building and property and the details and specifications for construction.

   (H)   Exemptions. Public notices, traffic control signs and other official signs and notices are exempt from the provisions of this section.

   (I)   Adult foster care homes. No signs shall be permitted upon any premises designated as adult foster care homes.

(1981 Code, § 150.46) (Ord. 6570-93, passed 12-13-1993; Am. Ord. 18-01-001, passed 2-12- 2018; Am. Ord. 23-05-030, passed 6-26-2023)

   Temporary buildings and construction trailers used in conjunction with construction work only may be permitted in any district during the period construction work is in progress, but such temporary buildings shall be removed upon completion of the construction work.

(1981 Code, § 150.47) (Ord. 6570-93, passed 12-13-1993)

   (A)   The open storage and display of material and equipment incident to permitted or conditional uses in B or I Districts shall be permitted, screened from all adjoining properties in any R District by means of walls, fences or plantings. Walls or fences shall be a minimum of 5 feet in height without advertising thereon. In lieu of such wall or fence, strip of evergreen hedge or dense planting of evergreen shrubs not less than 5 feet in height at the time of planting may be substituted.

   (B)   The temporary open storage of contractor/residents building equipment and material shall be permitted on the site upon which buildings or structures are being erected, installed or repaired for the duration of the time for which the building permit is valid. Storage of such equipment and material beyond the date of validity of the building permit shall be subject to a special permit authorized by the Board of Zoning Appeals.

(1981 Code, § 150.48) (Ord. 6570-93, passed 12-13-1993; Am. Ord. 07-07-064, passed 8-13-2007; Am. Ord. 07-07-065, passed 8-13-2007)

   (A)   Smoke detectors shall be required in all adult foster care homes in places and amounts to be determined by the Chief of the Fire Department or his representative.

   (B)   All smoke detectors shall be maintained in good working order at all times.

(1981 Code, § 150.49) (Ord. 6570-93, passed 12-13-1993)

   All temporary signs, including movable signs with changeable letters and messages, are hereby subjected to all provisions of the sign ordinance, Ord. No. 6570-93 and codified ordinance § 150.46.

(1981 Code, § 150.50) (Ord. 6774-97, passed 4-14-1997)

   (A)   Sexually oriented businesses are permitted as set forth in § 150.15, provided that the proposed location is more than 500 feet from the following uses (hereinafter referred to as “sensitive uses”):

      (1)   Any Residential District, as provided in § 150.06, and as shown on the District Map pursuant to § 150.09, or as provided in the zoning code of any adjacent political subdivision;

      (2)   Any single family dwelling, two-family dwelling or multi-family dwelling, as defined in § 150.03, or as similarly defined in the zoning code of any adjacent political subdivision, whether or not such use is conforming or nonconforming, in or adjacent to the city;

      (3)   Any adult foster care home, bed and breakfast, boarding house, rooming house, lodging house or dormitory, child day care or nursery school, group home, hotel, motel, nursery, nursing home, public use (except administrative, cultural and service buildings), recreational facility or tavern, as such uses are defined in § 150.03, or are similarly defined in the zoning code of any adjacent political subdivision, whether or not such use is conforming or nonconforming, in or adjacent to the city;

      (4)   Any place of worship, public library or school (including without limitation public, private or parochial preschools, kindergartens, elementary schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, technical schools, community schools, charter schools, junior colleges, and universities), whether or not such use is conforming or nonconforming, in or adjacent to the city;

      (5)   For purposes of this section:

         (a)   PLACE OF WORSHIP means an institution that a congregation of people regularly attend to participate in or hold religious services, meetings and other activities, including buildings in which the religious services, meetings and other activities, including buildings in which the religious service of any denomination are regularly held.

         (b)   The measure of distance shall be from the outermost wall of the structure or proposed structure of the sexually oriented business that is nearest to the applicable sensitive use, to the property line of the applicable sensitive use, along the shortest possible course, without regard to intervening structures or objects, regardless of any customary or common route or path of travel.

   (B)   In reviewing an application for a zoning certificate for a sexually oriented business and determining whether to issue a zoning certificate, the Zoning Inspector shall consider only whether:

      (1)   The sexually oriented business is seeking to locate in an I-2 (General Industrial) District: and

      (2)   The proposed location of the sexually oriented business is at least 500 feet from the sensitive uses listed in division (A) above.

(Ord. 02-02-009, passed 2-25-2002; Ord. 02-02-003, passed 2-25-2003)

   (A)   Any lawful uses of buildings or land existing at the effective date of this chapter may be continued, even though such use does not conform to the provisions hereof. The nonconforming use of a building may be extended throughout those existing parts of the building which were arranged or designed for such use. No nonconforming building or structure shall be moved, extended, enlarged or altered and no nonconforming use of land shall be expanded, except when authorized by the Board.

   (B)   Whenever the use of a building or land become nonconforming through a change in the amended Zoning Code or in the district boundaries, such use may be continued.

   (C)   A nonconforming use which is discontinued for a period of 2 years shall not again be used except in conformity with the regulations of the district in which it is located.

   (D)   A nonconforming use which has been damaged by fire, explosion, act of God or the public enemy to the extent of 60% or more of its reproduction value at the time of damage shall not be restored except in conformity with the regulations of the district in which it is located. When damaged by less than 60% of its reproduction value, a nonconforming use may be repaired or reconstructed, and used as before the time of damage, provided such repairs or reconstruction are started within 1 year of the date of such damage. This division is subject to a variance from the Board of Appeals.

   (E)   Nonconforming trailer or mobile homes located on a lot in any district, once removed, shall not be relocated on such lot unless the unit was traded- in for another unit. In this instance, the replacement shall be on site within 30 days of the removal of the previous unit.

   (F)   It is not the intention herein to classify as nonconforming a use or building allowed in a district as a conditional use under the regulations of this chapter.

   (G)   Any building arranged, intended or designed for a nonconforming use, the construction of which has been started at the time of the passage of this chapter but not completed, may be completed and put into such nonconforming use, provided it is done within 1 year after this chapter takes effect.

(1981 Code, § 150.55) (Ord. 6570-93, passed 12-13-1993)

   (A)   It shall be the duty of the Zoning Inspector, who shall be appointed by the Mayor and approved by Council, to enforce this chapter. It shall also be the duty of all officials and employees of the municipality to assist the Zoning Inspector by reporting to him or her upon any construction, reconstruction, or land uses or upon seeming violations.

   (B)   Appeal from the decision of the Zoning Inspector may be made to the Board of Appeals, as provided in §§ 150.65 through 150.73.

(1981 Code, § 150.60) (Ord. 6570-93, passed 12-13-1993)

   In case any building is or is proposed to be located, erected, constructed, reconstructed, enlarged, changed, maintained or used, or any land is or is proposed to be used in violation of this chapter or any amendment or supplement thereto, the Zoning Inspector, the Law Director, or any adjacent or neighboring property owner who would be specially damaged by such violation, in addition to other remedies provided by law, may institute injunction, mandamus abatement, or any other appropriate action, actions, proceeding or proceedings to prevent, enjoin, abate or remove such unlawful location, erection, construction, reconstruction, enlargement, change, maintenance or use.

(1981 Code, § 150.61) (Ord. 6570-93, passed 12-13-1993)

   (A)   Appointment. There is hereby established a Board of Zoning Appeals which shall consist of 5 electors appointed by the Mayor and approved by Council. Council, by a majority vote of its members, shall choose a successor to fill any vacancy. The 5 electors first appointed shall serve for terms of 1, 2, 3, 4, and 5 years, respectively; thereafter appointments shall be for 5 year terms, beginning January 1st. Each member shall serve until his successor is appointed and qualified. Vacancies shall be filled by the Council and shall be for the respective unexpired term. The members of the Board of Zoning Appeals may receive such compensation as the Council provides.

   (B)   Hearings, and rules. The hearings of the Board of Zoning Appeals shall be public. However, the Board may go into executive session for discussion but not for vote on any case before it. The Board shall organize annually and elect a President, Vice-President and Secretary. The Board shall adopt from time to time such rules and regulations as it may deem necessary to carry into effect the provisions of this chapter. The Board shall hear any owner of property adjacent to the lot for which the granting of any zoning permit is pending, and shall also hear any other parties having substantial interest as determined by the Board.

   (C)   Minutes and records. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question; or, if absent or failing to vote, indicating such fact: and shall keep records of its examinations and other officials' action, all of which shall be immediately filed in the office of the Clerk and shall be a public record.

   (D)   Witnesses and oaths. The Board shall have the power to subpoena witnesses, administer oaths, and punish for contempt, and may require the production of documents, under such regulations as it may establish.

   (E)   Department assistance. The Board may call upon the various departments of the municipality for assistance in the performance of its duties, and it shall be the duty of such departments to render such assistance to the Board as may reasonably be required.

(1981 Code, § 150.65) (Ord. 6570-93, passed 12-13-1993)

   (A)   Applications. An application, in cases in which the Board has original jurisdiction under the provisions of this chapter, may be taken by any person aggrieved, including a tenant, or by a governmental officer, department, board or bureau. Such application shall be filed with the Zoning Inspector who shall transmit same to the Board. A fee of $50 shall be paid to the Zoning Inspector at the time notice of appeal is filed, which the officer shall forthwith pay over to the City Treasurer to the credit of the General Revenue Fund.

   (B)   Appeals.

      (1)   An appeal to the Board may be taken by any person aggrieved or by an officer of the municipality affected by any decision of the Zoning Inspector. Such appeal shall be taken within 14 days after the decision, by filing with the Zoning Inspector and with the Board a notice of appeal specifying the grounds thereof. The Zoning Inspector shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.

      (2)   An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Zoning Inspector shall certify to the Board of Zoning Appeals after the notice of appeal shall have been filed with it that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board or by a court of equity, after notice to the officer from whom the appeal is taken and on due cause shown.

      (3)   The Board may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and shall make such order, requirement, decision or determination as in its opinion ought to be made in the premises; and to that end, shall have all powers of the Zoning Inspector from whom the appeal is taken.

(1981 Code, § 150.66) (Ord. 6570-93, passed 12-13-1993)

   (A)   The Board shall fix a reasonable time for the hearing of an appeal, give at least 14 days notice thereof as provided by law and at least 14 days notice to parties contiguous with the property subject of the appeal and decide upon the appeal within a reasonable time after it is submitted. Each application or notice of appeal shall be accompanied by the fee as required in § 150.66(A) and a list of contiguous property owners. At this hearing, any party may appear in person or by attorney.

   (B)   The hearings of the Board shall be public. However, the Board may go into executive session for discussion but not for vote on any case before it.

   (C)   Upon the day for hearing any application or appeal, the Board may adjourn the hearing in order to permit the obtaining of additional information or to cause such further notice as it deems proper to be served upon such other property owners as it decides may be substantially interested in said application or appeal. In the case of an adjourned hearing, persons previously notified and persons already heard need not be notified of the time of resumption of said hearing unless the Board so decides.

(1981 Code, § 150.67) (Ord. 6570-93, passed 12-13-1993)

   (A)   The Board shall decide all applications and appeals within 30 days after the final hearing thereon.

   (B)   A copy of the Board's decision shall be transmitted to the party making application. Such decision shall be binding upon the Zoning Inspector and observed by him or her, and he or she shall incorporate the terms and conditions of the same in the permit to the applicant or appellant, whenever a permit is authorized by the Board.

   (C)   A decision of the Board shall not become final until the expiration of 5 days from the date such decision is made, unless the Board shall find the immediate taking effect of such decision is necessary for the preservation of property or personal rights and shall so certify on the record.

   (D)   The Board may reverse or affirm, wholly or partly, or may modify the order, requirements, decision, or determination appealed from and shall make such order, requirement, decision or determination as in its opinion ought to be made in the premises; and to that end, shall have all powers of the Zoning Inspector from whom the appeal is taken. Any party adversely affected by a decision of the Board may appeal to the Council of the city within 14 days after receiving notice by the Board and if still adversely affected by the decision may then appeal to the Court of Common Pleas of the county, within 14 days after receiving notice by the Council, on the ground that the decision was unreasonable or unlawful.

(1981 Code, § 150.68) (Ord. 6570-93, passed 12-13-1993)

   The Board of Zoning Appeals shall have the following powers and it shall be its duty.

   (A)   To hear and decide appeals where it is alleged there is error of law in any order, requirement, decision or determination made by the Zoning Inspector in the enforcement of this chapter or any amendments thereto.

   (B)   In hearing and deciding appeals, the Board shall have the power to grant an exception in the following instances:

      (1)   Permit the extension of a district where the boundary line of a district divides a lot or tract held in a single ownership at the time of the passage of this chapter.

      (2)   Interpret provisions of this chapter in such a way as to carry out the intent and purpose of the plan, as shown upon the may fixing the several districts, accompanying and made a part of this chapter where the street layout actually on the ground varies from the street layout as shown on the map aforesaid.

      (3)   Permit the reconstruction of a nonconforming building which has been damaged by explosion, fire, act of God, or the public enemy, to the extent of more than 60% of its fair market value where the Board finds some compelling necessity requiring a continuance of the nonconforming use and the primary purpose of continuing the nonconforming use is not to continue a monopoly.

      (4)   Waive or reduce the parking and loading requirements in any of the districts whenever the character or use of the building is such as to make unnecessary the full provision of parking or loading facilities, or where such regulations would impose an unreasonable hardship on the use of the lot, as contrasted with merely granting an advantage or a convenience.

      (5)   Permit land within 300 feet of a multiple dwelling to be improved for the parking spaces required in connection with a multiple dwelling, but only when there is positive assurance that such land will be used for such purpose during the existence of the multiple dwelling.

      (6)   Determine whether an industry should be permitted within the I-1 and I-2 Industrial District because of the methods by which it would be operated and because of its effect upon uses within surrounding zoning districts.

      (7)   The substitution of a nonconforming use existing at the time of enactment of this chapter, of any other nonconforming use, if no structural alterations, except those required by law or ordinance, are made: provided, however, that in an R District, no change shall be authorized by the Board to any use which is not a permitted or conditional use in any R District, and in a district no change shall be authorized to any use which is not a permitted or conditional use in any B District.

      (8)   Temporary structures and uses. The temporary use of a structure or premises in any district for a purpose or use that does not conform to the regulations prescribed elsewhere in this chapter for the district in which it is located, provided that such use be of a temporary nature and does not involve the erection of a substantial structure. A zoning certificate for such use shall be granted in the form of a temporary and revocable permit, for not more than a 12 month period, subject to such conditions as will safeguard the public health, safety, convenience and general welfare.

(1981 Code, § 150.69) (Ord. 6570-93, passed 12-13-1993)

   (A)   The Board shall have the power to hear and decide appeals and authorize such variances from the provisions or requirements of this chapter as will not be contrary to the public interest. In authorizing a variance, the Board may attach conditions and require such guarantee or bond as it may deem necessary to assure compliance with the objectives of this chapter. On appeal where there is unnecessary hardship, the Board may grant a variance in the application of the provisions of the zoning chapter only if all of the following findings are made:

      (1)   That there are unique physical circumstances or conditions, including irregularity, narrowness or shallowness of lot size or shape, or exceptional topographical or other physical conditions generally created by the provisions of the zoning chapter in the neighborhood or district in which the property is located.

      (2)   That because of such physical circumstance or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the Zoning Code and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.

      (3)   That such unnecessary hardship has not been created by the appellant.

      (4)   That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially permanently impair the appropriate use of development of adjacent property, nor be detrimental to the public welfare.

      (5)   That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.

   (B)   The Board shall have the authority to grant an extension or permit completion of a building devoted to a nonconforming use upon a lot occupied by such building, or on a lot adjoining, provided that such lot was under the same ownership as the lot in question on the date such building became nonconforming, and where such extension is necessary and incidental to the existing use of such building, provided, however, that the floor areas of such extension shall not exceed in all 100% of the use and provided further that such extension or extensions shall be undertaken within 5 years of the date when the use of such building became nonconforming.

   (C)   Notwithstanding any other powers to grant variances in this zoning code, the Board shall have no authority to grant any variance the effect of which would be to convert any current single family dwelling into a multiple family dwelling.

(1981 Code, § 150.70) (Ord. 6570-93, passed 12-13-1993; Am. Ord. 6761-97, passed 3-10-1997)

   (A)   Under the authorization granted in R.C. Ch. 713, to hear and decide special exceptions to the terms of this chapter, the Board shall have the power to decide applications for conditional uses in those cases specified in § 150.15 of this chapter. In considering such application, the Board shall give due regard to the nature and condition of all adjacent uses and structures; and may impose such requirements and conditions as the Board may deem necessary for the protection of adjacent properties and the public interest, including specific limitations as to future expansion.

   (B)   The following basic standards shall apply to conditional uses in any district:

      (1)   The location and size of the use, the nature and intensity of the operations involved in or conducted in connection with it, its layout and its relation to streets giving access to it shall be such that both pedestrian and vehicular traffic to and from the use and assembly of persons in connection with it will not be hazardous, inconvenient, or conflict with the normal traffic on residential streets, both at the time and as the same may be expected to increase with any prospective increase in the population of the area, taking into account convenient routes of pedestrian traffic, particularly of children, relation to main traffic thoroughfares and to street intersections, and the development of the area.

      (2)   The location and height of buildings, the location, nature, and height of walls and fences, and the nature and extent of landscaping on the site shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings.

   (C)   The following basic standards shall apply to conditional uses in any B or I District.

      (1)   The location and size of the use, the nature and intensity of the operations involved in or conducted in connection with it, its site layout, and its relation to streets giving access to it shall be such that vehicular traffic to and from the use will not be more hazardous than the normal traffic of the district, both at the development of the municipality, taking into account vehicular turning movements in relation to routes of traffic flow, relation to street intersections, sight distances, and relation to pedestrian traffic.

      (2)   The nature, location, size and site layout of the use shall be such that it will be a harmonious part of the business or industrial district in which it is situated, taking into account prevailing shopping habits, convenience of access by prospective patrons, the physical and economic relationships of one type of use to another, and characteristic groupings of uses in a commercial or industrial district.

      (3)   In considering the approval of a group home, the Board shall consider the dwelling size, the lot size, and the availability of necessary parking, along with all other considerations listed in divisions (A) and (B) of this section.

(1981 Code, § 150.71) (Ord. 6570-93, passed 12-13-1993)

   (A)   The Board shall have the power to authorize issuance of a zoning certificate for uses that are subject to performance requirements as set forth in this chapter.

   (B)   The application for a zoning certificate for a use subject to performance requirements shall be accompanied by a plan of the proposed construction or development: a description of the proposed machinery, processes and products, and specifications for the mechanisms and techniques to be used in meeting the performance requirements.

   (C)   The Board may refer the application to 1 or more expert consultants qualified to advise as to whether a proposed use will conform to the performance requirements. The costs of such services shall be borne by the applicant, and a copy of any reports shall be furnished the applicant.

(1981 Code, § 150.72) (Ord. 6570-93, passed 12-13-1993)

   Where the street or lot layout actually on the ground, or as recorded, differs from the street and lot lines as shown on the zoning map, the Board, after notice to the owners of the property and after public hearing, shall interpret the map in such a way as to carry out the intent and purpose of this chapter. In case of any questions as to the locations of any boundary line between zoning districts, a request for interpretation of the zoning district map be made to the Board and a determination shall be made by said Board.

(1981 Code, § 150.73) (Ord. 6570-93, passed 12-13-1993)

   Whenever the public necessity, convenience, general welfare or good zoning practices require, the Council may, by ordinance, after receipt of recommendation thereon from the Planning Commission, and subject to the procedures provided by law, amend, supplement, or change the regulations, district boundaries or classification of property, now or hereafter established by this chapter or amendments thereof. It shall be the duty of the Commission to submit its recommendations regarding all applications or proposals for amendments or supplements to the Council.

(1981 Code, § 150.75) (Ord. 6570-93, passed 12-13-1993)

   (A)   (1)   Amendments or supplements to the zoning code; procedure; referendum; amendments or supplements to the zoning code may be initiated by motion of the Planning Commission, by the passage of an ordinance therefore by the Council or by the filing of an application therefore by 1 or more of the owners or lessees of property within the area proposed to be changed or affected by the proposed amendment or supplement with the Planning Commission. The Council shall, upon the passage of such ordinance, certify it to the Commission.

      (2)   Upon the adoption of such motion, or the certification of such ordinance, or the filing of such application the Commission shall set a date for a public hearing thereon, which date shall not be less than 20 nor more than 40 days from the date of the certification of such ordinance or the date of adoption of such motion or the date of the filing of such application.

   (B)   Applications for any change of district boundaries or classification of property as shown on the zoning map shall be submitted to the Commission at its public office upon such forms and shall be accompanied by such data and information as may be prescribed for that purpose the Commission so as to assure the fullest practicable presentation of facts for the permanent record. Each such application shall be verified by at least 1 of the owners or lessees of property within the area proposed to be reclassified, attesting to the truth and correctness of all facts and information presented with the applications. Applications for amendments initiated by the Commission shall be accompanied by its motion pertaining to such proposed amendment.

   (C)   Names and addresses of adjacent property owners. Any person or persons desiring a change in the zoning classification of property shall file with the application for such change a statement giving the names and addresses of the owners of all contiguous properties.

   (D)   Referral of proposed change to County Regional Planning Commission. Within 5 days after the filing of an application for change in the chapter or districts, the Commission shall transmit a copy thereof, together with text and map pertaining thereto, to the County Regional Planning Commission. The County Regional Planning Commission shall recommend the approval or denial of the proposed amendment or supplement or the approval of some modification thereof and shall submit such recommendation to the Commission. Such recommendation shall be considered at the public hearing held by the Commission on such proposed amendment or supplement.

   (E)   Submission to State Highway Director. Before any zoning amendment is approved affecting any land within 300 feet of the centerline of a proposed new highway or highway for which changes are proposed as described in the certification to local officials of the State Highway Director, or within a radius of 500 feet from the point of intersection of said centerline with any public road or highway, the Commission shall give notice, by registered or certified mail to the Highway Director. The Commission may proceed as required by law, however, the City Council shall not approve the amendment for 120 days from the date the notice is received by the Highway Director. If the Highway Director notifies the city that he or she shall proceed to acquire the land needed, then the city shall refuse to approve the rezoning. If the Highway Director notifies the city that the acquisition at this time is not in the public interest or upon the expiration of 120 day period or an extension thereof agreed upon by the Highway Director and the property owner, the City Council shall proceed as required by law.

   (F)   Public Hearing by Commission. Before submitting its recommendation on a proposed amendment to the Council, the Commission shall hold a public hearing thereon, notice of which shall be given as provided by law at least 15 days before the date of the hearing or as otherwise required by state law. The notice shall state the place or places and times at which the proposed amendment to the ordinance, including text and maps, may be examined, and stating that the proposed amendment will be referred to City Council for further determination.

   (G)   Action of Commission. The Commission may recommend that the application be granted as requested or it may recommend a modification of the zoning amendment requested in the application or it may recommend that the application be not granted. These recommendations shall then be certified to the Council within 30 days after the hearing.

   (H)   Public hearing by the Council. After receiving from the Commission the certification of said recommendations on the proposed amendment and before adoption of such amendment, the Council shall hold a public hearing thereon within 70 days of the receipt of the recommendations from the Commission, at least 30 days notice of the time and place of which shall be given as provided by law. The notice shall state the place or places and times at which the proposed amendment to the chapter, including text and maps, may be examined and other notices as required by state statues.

   (I)   Notice to property owners. If the proposed amendment or supplement intends to rezone or redistrict 10 or less parcels of land, as listed on the tax duplicate, written notice of the hearing shall be mailed by the Clerk by first class mail at least 20 days before the date of the public hearing to all owners of property within and contiguous to and directly across the street from such area proposed to be rezoned or redistricted to the address of such owners appearing on the county auditors current tax list or the treasurers mailing list and to such other list or lists that may be specified by the Commission. The failure to notify, as provided in this section, shall not invalidate any recommendations adopted hereunder, it being the intention the this section to provide, so far as may be possible, due notice to persons substantially interested in the proposed change that an application is pending before the Commission, proposing to make a change in the zoning district map or the regulations set forth in this chapter.

   (J)   Action of the Council. Within 20 days after holding the public hearing on the proposed amendment the Council shall consider such recommendations and vote on the passage of the proposed amendment to the text of the chapter or zoning district map. No such ordinance, measure or regulation which differs from or departs from the plan or report submitted by the Commission, Board, or officer shall take effect unless passed or approved by not less than 3/4 of the membership of the legislative authority.

   (K)   Should any property owner wish to appeal the decision of the Planning Commission, that property owner has the right to directly appeal that decision to the City Council. The property owner has 30 days from the date of the decision of the Planning Commission to appeal its decision. The appeal must be in writing and shall be served upon either the President of City Council or the Office of the Mayor within the prescribed time limit.

(1981 Code, § 150.76) (Ord. 6570-93, passed 12-13-1993; Am. Ord. 19-03-021, passed 4-22-2019; Am. Ord. 24-08–048, passed 8-26-2024)

   (A)   At the time that an application for a change of zoning districts is filed with the Commission, as provided herein, there shall be deposited with the Treasurer, the sum of $30 as a fee to cover investigation, legal notices and other expenses incidental to the determination of such matter, such fee to be for 1 lot or part of 1 lot. An additional fee of $5 shall be deposited for each additional lot or part of an additional lot which may be included in the request, such additional lot or part of a lot to be adjacent to each other. Such sums so deposited shall be credited by the Treasurer to the General Fund.

   (B)   In the event that the Planning Commission disapproves the application and the petitioner elects not to have the same certified to the Council, then a refund of $25 plus an additional refund of $3 for each additional lot or part of an additional lot which was included in the application should be made to the petitioner by the Treasurer: provided that the Treasurer is notified of such decision by the petitioner within 30 days from the time of the action taken by the Planning Commission.

(1981 Code, § 150.77) (Ord. 6570-93, passed 12-13-1993)

   (A)   General objectives. The officials of the municipality concerned with property development shall take into account that it is increasingly difficult to forecast the various conditions and factors that may be encountered in sizeable developments, and that certain latitude, flexibility, and freedom in the execution of the design and layout of a project should be suggested or otherwise permitted by the municipality so as to encourage the developer to adjust the streets to irregular topography; to take advantage of topography in order to utilize the natural surface drainage; to economize in the construction of sewers and storm drainage facilities; to reduce the amount of grading and thus minimize destruction of trees and topsoil; to adjust the layout to geographical and cultural limitations such as property ownership lines; and, among other things, to create architectural variation in the development as well as attractive and usable buildings and building sites; and further such developments shall be designed so as to enhance the community in general by providing amenities which are unique to the community.

   (B)   Minimum project area. Planned unit developments may be residential, commercial or industrial developments, or they may be combinations of uses, such as residential and commercial, or commercial and industrial. The minimum site area for a residential development shall be 6 acres; for a commercial development, 3 acres; and for an industrial development, 10 acres. If a combination of uses is proposed, a residential-commercial development shall have a minimum of 15 acres and a commercial- industrial development, a minimum of 15 acres.

   (C)   Governing provisions. Because of the special characteristics of planned unit developments, special provisions governing the development of land for this purpose are required. Whenever there is a conflict or difference between the provisions of Article IX and those of other articles of this chapter the provisions of Article IX shall prevail for the development of land for planned unit developments. Subjects not covered by this article shall be governed by the respective provisions found elsewhere in this chapter. Applicable provisions of the city's subdivision regulation shall be adhered to in the planning and construction of a planned unit development.

   (D)   Uses permitted. Only those uses permitted or conditionally permitted in each district or interpreted to be included under Article IV of this ordinance may be proposed for a planned unit development. Compatible residential, commercial, industrial, public and quasi- public uses may be combined, provided that the proposed location of the commercial or industrial uses will not adversely affect adjacent property, and/or the public health, safety and general welfare.

   (E)   Submission of plans. Plans for a planned unit development shall be submitted to the municipality and shall be referred to the Planning Commission for study and conducting of a public hearing by Council. Notice and publication of such public hearings shall conform to the procedures prescribed in Article XII for hearings on changes and amendments.

(1981 Code, § 150.85) (Ord. 6761-97, passed 3-10-1997)

   (A)   In order for the Commission to better determine that the planned unit development meets all requirements, the developer shall furnish a preliminary plan of the entire tract showing topography, roads, lot lines, lot areas, easements, encumbrances, and other relevant data. The plans shall include the location of existing structures, areas of shrubs and/or trees of ten inch diameter or more, existing contours and the proposed grading plan.

   (B)   Upon determination by the Commission that the proposed planned unit development project as shown by the preliminary plan conforms to the requirements of all applicable provisions of this chapter, the proponent shall prepare and submit a final development plan, and such plan shall incorporate any changes or modifications required by the Commission.

   (C)   Upon approval by the Commission, the plans shall be submitted to the Council for consideration and action. The approval and recommendations of the Commission shall be based on the following general conditions:

      (1)   The plan is consistent with the intent and purpose of this chapter to promote public health, safety, morals and general welfare and will not have a significantly adverse effect upon the environment.

      (2)   The use of the land shall be similar to the uses permitted in the district in which the plan is located.

   (D)   The following information and documents shall be submitted with the final development plan:

      (1)   Identification and address of applicant and professionals participating in plan preparation; legal description of property; existing use of property; present and proposed zoning; and vicinity map.

      (2)   A preliminary development plan at a scale approved by the Commission showing topography at 2 foot intervals for areas with slopes of less than 25% and at 5 foot intervals for areas with slopes of 25% or more; rights-of-way, utility easements, parks and community spaces, lay-out and dimensions of lots and building setback lines; preliminary improvement drawings showing water, sewer, drainage, electricity, telephone, and natural gas; and such other characteristics as the Planning Commission deems necessary.

      (3)   A development schedule indicating the anticipated time of completion for the project as a whole and for separate stages.

      (4)   A statement briefly describing the proposed development and its relation to the existing and future environment of the area in which the project is located and an outline of the measures to be taken to minimize adverse environmental effects during development stages and insure maximum attainable compatibility with the environment upon project completion.

      (5)   Proposed protective covenants, deed restrictions, and form of notices to property owners relative to their interests and responsibilities with respect to open space and recreation facilities.

      (6)   Description of form of organization to be followed in the establishment of a property owners' association in the event that care and maintenance of common open space and recreation facilities is to be a responsibility of property owners.

(1981 Code, § 150.86) (Ord. 6761-97, passed 3-10-97)

   (A)   Following a public hearing, the Council may modify the plan, consistent with the intent and meaning of this chapter, and may rezone the property to the classification permitting the proposal, for development in substantial conformity with the final plan as approved by the Council.

   (B)   After the final development plan has been approved by the Council and in carrying out this plan, adjustments or rearrangements of buildings, parking areas, entrances, heights, or yards may be requested by the proponents, and provided such requests conform to the standards established by the final development plan and this chapter, such adjustments or rearrangements may be authorized by the Commission.

(1981 Code, § 150.87) (Ord. 6761-97, passed 3-10-19 97)

   Planned unit developments shall be encouraged, but they shall conform to the regulations of the chapter or to the following modifications of the regulations found elsewhere in this chapter.

   (A)   In "R" Districts, a planned unit development shall conform to the following requirements:

      (1)   Intensity of use. The maximum net density for planned unit developments shall conform to the following schedule of densities per acre:

         Single      Single and   Two-family   Multiple      Multiple

         Dwellings   Two-family   Dwellings   Family Dwel-      Dwellings

         Only      Dwellings   Only      ling Units      Only

"R-1" Districts      4      5      6      --         --
"R-2" Districts      6      7      8      10         12
"R-3" Districts      8      9      11      13         16

   The calculation of residential density shall include all land devoted to residential use, and shall further include easements for utilities except minor facilities which do not serve individual dwellings, minor surface drainage channels, recreation space and other areas provided as common open space, including land dedicated to public use except required street rights-of- way.

      (2)   Open space. Area included in the calculation of residential density shall include open space or public use, arranged and restricted by easement, covenant deed or dedication and not included in the minimum yard space required for dwellings or used to provide the required off-street parking and shall conform to the following minimum percentages of the area included in the calculation of residential density:

      "R-1" Districts   15%

      "R-2" Districts   20%

      "R-3" Districts   25%

      (3)   Public use shall apply to those areas devoted to uses that will give benefit to the occupants of the dwelling unit. Such public use may include but is not limited to educational or recreational facilities, flood protection, or other public improvements necessary to the health, safety and welfare of the residents.

      (4)   Common use may include but is not limited to landscaped areas, recreational facilities or other common use as will provide amenity to the area.

      (5)   Ownership and responsibility for open space, including areas devoted to public use, recreational facilities and other common use shall be held in corporate ownership by the owners of the project area building sites and the developer shall incorporate into the protective covenants and/or deed restrictions, a clause giving an interest in such land to each owner who buys property within the development. Property owners shall be given due notice as to their responsibilities for the care and maintenance of open space, including the manner in which charges and/or assessments are to be made. Property owners shall also be advised or their responsibility in the event of a default of the property owners' association with respect to the proper maintenance of the open space.

      (6)   As an alternate to the property owners' association the developer may deed the land to a public agency, subject to its legal acceptance and agreement to maintain the open space in lieu of a property owners' association. Dedication of such land shall convey a clear and unencumbered title to the public agency.

      (7)   Lot widths and setbacks may be varied due to the variety of structural designs, but in no case shall a structure be closer to the street or public way than 25 feet.

      (8)   Commercial uses such as are permitted in a "B-1" Business District, may be included in a planned unit development for residences provided they form a small commercial center to primarily serve the planned unit development.

   (B)   In "B" Districts, a planned unit development may be permitted in accordance with the following provisions if the Commission is satisfied that the proponents of the development are financially able to carry out the proposed project, that they intend to start construction within 1 year of the approval of the project and necessary change in zoning, and that they intend to complete it within a reasonable time as determined by the Commission.

      (1)   Commercial buildings and establishments shall be planned as groups having common parking areas and common ingress and egress points in order to reduce the number of potential accident locations at intersections with thoroughfares. In planning these groups of buildings or establishments, no yard space will be required between uses within the groups; however, the yard requirements must be observed at the edge of the complete development. Planting screens or fences as provided elsewhere in this chapter shall be required.

      (2)   Off-street parking and loading requirements shall be observed as required. Group parking facilities shall provide space equal to the number of spaces required for each use to be developed.

      (3)   The plan of the project shall provide for the integrated and harmonious design of buildings, and for adequate and properly arranged facilities for internal traffic circulation, landscaping, and such other features and facilities as may be necessary to make the project attractive and efficient from the standpoint of the developer as well as from the standpoint of the adjoining and surrounding existing or potential developments.

      (4)   The ground area occupied by all the buildings shall not exceed 25% of the total area of the lot or tract.

   (C)   "I" Districts. Development in "I-2" Districts shall be limited to planned unit developments processed in accordance with all applicable regulations of this article. In "I-1" Districts a planned unit development may be permitted in accordance with the following provisions:

      (1)   Industrial uses and parcels shall be developed in park-like surroundings utilizing landscaping and existing woodlands as buffers to screen lighting, parking areas, loading areas or docks and/or outdoor storage of raw materials or products. A planned industrial area shall provide for the harmony of buildings and a compact grouping or groupings in order to economize in the provisions of such utility services as are required. Thoroughfares shall be kept to a minimum throughout a planned industrial area in order that those thoroughfares which are constructed may be built to the highest possible standards.

      (2)   Certain types of commercial uses, such as a restaurant, central secretarial or stenographic pool, or other business service type uses, repair services, or clinics as may form a small commercial center to serve the needs of the industries or their personnel, may be permitted in a planned industrial area.

      (3)   Off-street parking and loading areas shall conform to the provisions of this chapter, and all screening requirements shall be observed.

      (4)   Project side yards of 40 feet and rear yards of 50 feet shall be required if the project is located adjacent to any residential district or residential planned unit development.

(1981 Code, § 150.88) (Ord. 6761-97, passed 3-10-1997)

   It shall be unlawful to locate, erect, construct, reconstruct, enlarge, change, maintain, or use, any building or land in violation of any regulation in or any provision of this chapter or any amendment or supplement thereto adopted by the Council.

(1981 Code, § 150.98) (Ord. 6570-93, passed 12-13-1993)

   Any person, firm, or corporation violating any regulation thereto, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $100. Each and every day during which such illegal location, erection, construction, reconstruction, enlargement, change, maintenance, or uses continues, may be deemed a separate offense.

(1981 Code, § 150.99) (Ord. 6570-93, passed 12-13-1993)