Walbridge City Zoning Code
TITLE FIVE
Districts Established; Regulations
1151.01 PURPOSE.
The purpose of this chapter is to create a series of districts of such number and character necessary to achieve compatibility of uses within the Municipality and to provide opportunities for community growth. For the purposes of classifying and regulating the location of businesses, industries and buildings for specified uses, regulating and limiting the height and bulk of buildings hereafter erected or structurally altered and regulating and determining yards and other open spaces within and adjacent to such buildings, the Village is hereby divided into districts under three general categories which shall be known as: "Residential Districts," "Commercial Districts" and "Industrial Districts." The general categories are divided into thirteen use districts.
(Ord. 11-07. Passed 7-18-07.)
1151.02 DISTRICTS.
For the purpose of the Zoning Ordinance, all land areas in the Municipality are hereby divided into the following districts:
Residential Districts
R1-1 Suburban Residential
R1-2 Single-Family Residential District
R1-3 Single-Family Residential District
R1-4 Single-Family Residential District
R1-5 Single-Family Residential District
R2-1 Two-Family Residential District
R3-1 Multiple-Family Residential District
MHPD-1 Manufactured Home Park District
Commercial Districts
C-1 Neighborhood Commercial District
C-3 General Commercial District
C-2 Village Center Commercial District
Industrial Districts
M-1 Light Industrial/Office Research District
M-2 General Industrial District
(Ord. 11-07. Passed 7-18-07.)
1151.03 ZONING MAP.
The boundaries of the districts are hereby established as shown on a map entitled, "The Official Zoning Map of Walbridge Village" adopted on June 13, 1977 and certified by the Clerk, which map together with all notations, amendments, references and other information shown thereon is hereby made part of this Zoning Ordinance and have the same force and effect as if the Zoning Map and all of the notations, references and other information shown thereon were all fully set forth or described herein. The Official Zoning Map shall be on display at the Office of the Zoning Administrator. In the event that the Official Zoning Map becomes damaged, destroyed or lost, the Village Council may by Ordinance adopt a new Official Zoning Map which shall supersede the prior Official Zoning Map.
(Ord. 11-07. Passed 7-18-07.)
1151.04 INTERPRETATION OF DISTRICT BOUNDARIES.
(a) The district boundary lines on said Zoning District Map are intended to follow either centerlines of streets or alleys or lot lines; and where the districts designated on the Zoning District Map are bounded approximately by such alley or lot line, such alley or lot line shall be construed to be the boundary of the district unless such boundary is otherwise indicated on the Zoning District Map. In the case of unsubdivided property, wherever a district is indicated as a strip adjacent to or paralleling an adjacent street or highway, the depth of such strip shall be 250 feet measured at right angles from the street or highway line and the length of the frontage shall be the entire tract of land along such street or highway unless otherwise indicated. In the case of the vacation of a street, alley, watercourse or other right-of-way, the abutting zoning classification on each side thereof shall automatically be extended to the centerline of said vacated street, alley, water course or right-of-way.
(b) Where boundaries appear to approximately follow such aforesaid lines and are not more than 10 feet distant therefrom, such lines shall be construed to be the boundary lines unless specifically shown otherwise.
(c) Where the actual street layout on the ground varies from that shown on the Zoning Map, the designations shown on the Map shall be applied to the street as actually laid out so as to carry out the intent and purpose of the zoning plan for the district.
(d) Where district boundaries are not otherwise indicated and where the property has been or may hereafter be subdivided into blocks and lots, the district boundaries shall be construed to be lot lines.
(e) If a district boundary line cuts a property having a single ownership as of record, at the time of the passage of this Zoning Code, such property may take the least restrictive classification, provided that the property is developed as one unit.
(f) Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located midway between the main tracks of such railroad line.
(g) Where the boundary of a district follows a stream, lake, or other body of water, the boundary line of the body of water shall be deemed to be the boundary of the zoning district unless otherwise indicated. (Ord. 11-07. Passed 7-18-07.)
1151.05 PERMITTED USES AND CONDITIONALLY PERMITTED USES.
(a) The permitted and conditional uses for each district are shown in the following Chapters 1153 through 1177. The interpretation of uses given in categorical terms shall be as defined in the specific chapter or in Chapter 1135. Uses not specifically listed or interpreted by the Planning Commission and the Village Council to be included categorically in Chapters 1153 through 1177 shall not be permitted, except by amendment of this Ordinance which shall include action of the Planning Commission and the Village Council. All permitted uses shall meet applicable supplementary zoning requirements.
(b) The following uses are prohibited in all districts:
(1) Airports, Fixed Wing Air Facilities
(2) Toxic Waste Storage
(3) Radioactive Warehouse Storage
(4) Landfills
(Ord. 11-07. Passed 7-18-07.)
1151.06 ZONING OF ANNEXED LAND.
All parcels of land which may hereafter be annexed to the Village shall take automatically the "R1-2" Residential, "C-1" Commercial, or "M-1" Industrial use classification, depending upon whether they are zoned at the time of annexation in one of the residential, commercial or industrial districts, respectively, of the governing authority formerly having jurisdiction there over. Within a reasonable time after annexation, a public hearing on the question of the permanent zoning classification shall be held.
(Ord. 11-07. Passed 7-18-07.)
1151.07 BASIC YARD, AREA AND HEIGHT REQUIREMENTS FOR DWELLINGS.
The following table establishes minimum yard and area and maximum lot coverage and height requirements for residences, and structures accessory to dwellings, by district.
TABLE 1151-1
Basic Yard, Area and Height Requirements for Dwellings
District | Lot Area (Sq. Ft.) | Lot Width (Ft.) | Front Yard (Ft.) | Rear Yard (Ft.) | Side Yard (Ft.) (1) | Max. Lot Coverage (%) (2) | Stories | Max. Height (Ft.) |
R1-1 | See 1153.04 | See | 40 | 20 | 30 | 2-1/2 | 35 | |
R1-2 | 18,000 | 100 | 50 | 40 | 10 | 30 | 2-1/2 | 35 |
R1-3 | 12,000 | 80 | 35 | 40 | 8 | 30 | 2-1/2 | 35 |
R1-4 | 10,500 | 70 | 35 | 40 | 7 | 30 | 2-1/2 | 35 |
R1-5 | 9,100 | 70 | 35 | 40 | 6 | 30 | 2-1/2 | 35 |
R2-1 | See 1163.05 | 35 | 40 | 6 | 30 | 2-1/2 | 35 | |
R3-1 | See 1165.06 | 35 | 40 | See | 30 | NA | 35 | |
Notes:
(1) Required side yards may be reduced to zero (0) for zero-lot line developments subject to the approval of a site plan or subdivision by the Planning Commission.
(2) Includes all dwellings and structures accessory to dwellings on property.
NA: Not Applicable
(Ord. 11-07. Passed 7-18-07.)
1151.08 BASIC YARD, AREA AND HEIGHT REQUIREMENTS FOR STRUCTURES IN COMMERCIAL AND INDUSTRIAL DISTRICTS.
The following table establishes minimum yard and area and maximum lot coverage and height requirements for structures, other than dwellings and structures accessory to dwellings, by commercial and industrial district.
TABLE 1151-2
District | Lot Area (Sq. Ft.) | Lot Width (Ft.) | Front Yard (Ft.) | Rear Yard (Ft.) | Side Yard (Ft.) | Max. Lot Coverag e | Max. Height (Ft.) |
C-1 | 1 net acre | 125 | 100 | 40 | See | 30% | 35 |
C-2 | 10,000 | No requirement | See | 20 | See | 75% | 35 |
C-3 | 1 net acre | 125 | 100 | 40 | See | 30% | 35 |
M-1 | 2 net acre | 200 | 100 | 50 (1) | 35 (1) | 40% | 50 |
M-2 | 2 net acre | 200 | 100 | 50 (2) | 35 (2) | 40% | 50 |
Footnotes:
(1) Where a lot abuts any residential district, the side yard and rear yard requirements are more restrictive. See Section 1175.05.
(2) Where a lot abuts any residential district, the side yard and rear yard requirements are more restrictive. See Section 1177.06.
(Ord. 11-07. Passed 7-18-07.)
1151.09 MINIMUM FLOOR AREA REQUIREMENTS FOR DWELLINGS.
The minimum floor area required for dwellings includes only the floor area used for living space. Garages, carports, porches, and basements are excluded from this requirement. The minimum floor area per dwelling unit erected, relocated, structurally altered or rebuilt on any parcel or lot is as follows:
TABLE 1151-3
Minimum Floor Area Per Dwelling Unit (Square Feet)
District | Unit Type | Minimum Floor Area (Sq. Ft.) |
“R1-1" Suburban Residential | Single-Family | 1,500 |
“R1-2", “R1-3", “R1-4", “R1- 5" Single Family Residential | Single-Family | 1,000 |
“R2-1" Two-Family Residential | Single-Family | 950 |
“R2-1" Two-Family Residential | Two-Family | 900 |
“R3-1" Multi-Family Residential | See Section 1165.08 | |
(Ord. 11-07. Passed 7-18-07.)
1151.10 NONRESIDENTIAL USES ABUTTING AN "R" DISTRICT.
When the boundary line of two zoning districts divides a lot held in single ownership, the yard requirements listed in Table 1151-4 following shall apply and extend from the zoning district line:
TABLE 1151-4
Nonresidential Uses Abutting an “R” District
Minimum Yard (feet) | ||||
District | Uses | Front | Side | Rear |
MHPD-1, “Manufactured Home Park” | Public/Semi-Public | 50 | 50 | 50 |
C-1, “Neighborhood Commercial” | Public/Semi-Public | 75 | 50 | 75 |
Commercial | 75 | 75 | 75 | |
C-2, “Village Center Commercial” | Public/Semi-Public | 50 | 20 | 50 |
Commercial | 50 | 20 | 50 | |
C-3, “General Commercial” | Public/Semi-Public | 75 | 50 | 75 |
Commercial | 75 | 75 | 75 | |
M-1, “Light Industrial” | Public/Semi-Public | 100 | 50 | 100 |
Commercial | 100 | 75 | 100 | |
Industrial | 150 | 150 | 150 | |
M-2, “General Industrial” | Public/Semi-Public | 100 | 50 | 100 |
Commercial | 100 | 75 | 100 | |
Industrial | 150 | 150 | 150 | |
Note: Certain uses require more restrictive yard dimensions.
(Ord. 11-07. Passed 7-18-07.)
1151.11 HEIGHT REGULATIONS FOR INSTITUTIONAL, OFFICE, INDUSTRIAL AND APARTMENT BUILDINGS AND STRUCTURES.
The height regulations prescribed herein shall not apply to television and radio towers, church spires, belfries, monuments, tanks, water and fire towers or scenery lofts, cooling towers, ornamental towers and spires, chimneys, silos and similar structures, elevator bulkheads, smokestacks, conveyors and flag poles, except where the height of such structures will constitute a hazard to the safe landing and take-off of aircraft at an established airport.
(Ord. 11-07. Passed 7-18-07.)
1151.12 EXISTING LOTS OF RECORD.
Where two adjacent lots of record with less than the required area and width are held by one owner, the Board may require that the lot be combined and used for one main building. In either case, the prevailing setback shall be met. Where three or more contiguous unimproved lots of record with less than the required area and width are held by one owner, the Board may restrict the use to fewer lots to permit compliance with minimum yard requirements.
(Ord. 11-07. Passed 7-18-07.)
1151.13 ARCHITECTURAL PROJECTIONS.
(a) Open structures such as porches, canopies, balconies, platforms, carports, and covered 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.
(b) Every part of a required yard shall be open to the sky except where accessory buildings are permitted in a rear yard and except for the ordinary projections of sills, belt courses, cornices, and ornamental features projecting not more than 18 inches and eaves projecting not more than two feet.
(c) Open or lattice-enclosed fire escapes, fire-proof outside stairways, balconies opening upon fire towers, and ordinary projections of chimneys and flues into the rear yard may be permitted for a distance of not more than five feet, but only where the same are so placed as not to obstruct light and ventilation.
(d) Wood decks and tree houses are considered accessory buildings and structures. As such, a permit is required prior to the construction or erection of the same and should be in accordance with Section 1193.06.
(Ord. 11-07. Passed 7-18-07.)
1151.14 SPECIAL YARD REQUIREMENTS.
(a) Lots having frontage on more than one street shall provide the required front yard along all streets.
(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 Ordinance; 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 from the side lot lines and from the rear lot lines according to the dimensional requirements listed in Section 1193.06.
(c) No accessory uses or structures, except off-street parking incident to the principal use, nor material or equipment storage shall be located in any required front yard without approval of the Board.
(d) All corner residential lots shall have extra width sufficient for maintenance of building lines on both streets. The minimum width shall be 100 feet.
(Ord. 11-07. Passed 7-18-07.)
1151.15 TRAFFIC VISIBILITY ACROSS CORNER LOTS.
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 greater than two and one-half (2-1/2) 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 two right-of-way lines.
(Ord. 11-07. Passed 7-18-07.)
1153.01 PURPOSE.
The Suburban Residential District (designated "R1-1" District) is designed to:
(a) Preserve and protect for agricultural use those land areas needed and best suited for agriculture.
(b) Prevent the indiscriminate spread of urban uses into rural areas which are incompatible with agricultural pursuits and which contribute to their premature termination.
(c) Retain currently productive agricultural land which could eventually be developed for urban uses.
(d) Permit orderly, efficient and economical development of land to urban uses in compliance with a comprehensive plan at a time when the community can feasibly provide the required urban services.
(e) Accommodate low density residential development.
(f) Allow essential public facilities and services such as public buildings, schools, railroads, and public utilities.
(Ord. 11-07. Passed 7-18-07.)
1153.02 PERMITTED USES.
The following uses and no others shall be permitted in an "R1-1" District:
(a) Agriculture (Farms).
(b) One-family dwellings.
(c) One-story accessory buildings incidental to the principal use which do not include any activity conducted as a business. Buildings or structures or uses which are accessory to the uses permitted in one district shall not be permitted in a district of a more restrictive classification.
(d) Greenhouse.
(e) Water impoundment facilities (excavations owned and operated by a public body).
(f) Public Uses
(Ord. 11-07. Passed 7-18-07.)
1153.03 CONDITIONALLY PERMITTED USES.
In an "R1-1" District the following uses shall be classed as conditionally permitted uses and may be permitted by the Zoning Board of Appeals subject to the general conditions as set forth in Chapter 1141, and the following specific conditions:
(a) Church. For purposes of the Zoning Ordinance, a church shall be defined as a building designed for the purpose of assembly to worship. All churches shall conform to the following conditions:
(1) All buildings, structures, and accessory buildings including parking areas or garages shall be set back fifty feet from the side and rear lot lines.
(2) Parking shall be provided as follows: One space for each four seats.
(3) Lights shall be shielded and directed away from adjacent property.
(4) Screening of the parking area shall be provided utilizing a dense hedge, tree row, or other suitable landscape device, adequate to visually screen off this area from the residential district.
(5) Ingress and egress to the off-street parking area shall be provided from a secondary street where possible with a minimum of two access points seventy feet center to center. All points of entrance or exit shall be located no closer than 200 feet from two intersecting major streets or 100 feet from the intersection of a major and a minor street, or two minor streets.
(6) A lot area of one acre per 100 seats with a minimum development of three acres shall be provided.
(c) Cemeteries/Memorial Gardens. Conditions for cemetery/memorial garden:
(1) The site shall not interfere with the development of a locally adopted street system and shall maintain direct access onto a public thoroughfare with a minimum of two points of entry set at 200 feet between centerlines.
(2) The minimum site size shall be no less than ten acres.
(3) All burial buildings or accessory buildings shall be set back at least seventy- five feet from any street right-of-way bounding the cemetery. There shall be two side yards and a rear yard of at least fifty feet each. A burial building is defined as any building used for the interment of bodies or other remains of persons who have died, including mausoleums and vaults.
(4) All graves or burial lots shall be set back at least forty feet from any street right-of-way bounding the cemetery. The site shall provide two side yards and a rear yard at least forty feet each.
(5) Existing cemeteries may continue to operate as a nonconforming use. Any future expansion of an existing cemetery not covered by a conditional use permit must comply with the requirements as set forth above.
(d) Golf Courses.
(1) The site shall contain a minimum of eighty acres for a nine-hole golf course and 160 acres for an eighteen-hole course.
(2) All principal and accessory buildings shall be located not less than 100 feet from the road right-of-way side line.
(3) Minimum lot frontage shall be a minimum of sixty feet in addition to the width needed for any desired sign.
(4) Access to and from the site shall be located so as to minimize traffic hazards and congestion.
(5) All access drives shall be a minimum of twenty feet in width and constructed of a hard-surfaced material.
(6) No structures shall be erected in excess of thirty-five feet in height.
(7) Course layout shall be designed such that all trees, greens and fairways shall be directed away from all surrounding residential areas and roads.
(8) All principal or accessory buildings shall be not less than 200 feet from any property line of abutting residentially zoned land.
(9) All signs shall be located at least twenty feet from all road right-of-way side lines and seventy-five feet from any abutting residential property lines.
(10) No signs shall be greater than three feet in height.
(11) Lighting of any type shall be directed away from or shielded from any abutting properties so that such lighting will not cast light on adjoining properties.
(12) Ten parking spaces per hole shall be provided in addition to one space per thirty-five square feet of floor area for public assembly.
(13) All parking areas shall be located not less than seventy-five feet from any residential district and fifty feet from the road right-of-way side line.
(14) All detailed plans for the layout of golf courses, structures and accessory buildings shall be submitted to the Village Zoning Board of Appeals for review. The Village may request the review of the Wood County Regional Planning Commission if desired prior to the issuance of a conditional zoning permit. Such review by the Commission shall be advisory to the Village Zoning Board of Appeals.
(15) Fencing. A minimum of six feet in height shall be provided around all recreation areas (tennis courts, swimming pools and shuffle board courts), thereby permitting access only to members or users of the golf course.
(16) Pro-shops and sale of goods incidental to the principal use shall be permitted.
(17) The sale of food and beverages shall be permitted if contained within the principal building or structure.
(e) Parks and Playgrounds. Conditions for Park or playground:
(1) Uses permitted shall be softball/baseball fields, multiple use paved areas, landscaped areas, picnic areas, playground apparatus areas, and field house.
(2) The minimum total site size shall be five acres and the minimum total width shall be not less than 300 feet.
(3) A minimum of two access points to the site shall be provided maintaining a distance of 200 feet centerline to centerline.
(4) Ten parking spaces shall be provided for each acre of playground area.
(5) Playground apparatus must be set back fifty feet from any bounding street right-of-way or side lot line.
(6) Setback requirements for all buildings and accessory structures shall be seventy-five feet from side and rear lot lines and 100 feet from all bounding road right-of-way.
(7) Setback areas on the site shall be appropriately landscaped to maintain a park-like atmosphere.
(8) When lighting is provided it shall be shielded from adjacent properties.
(9) No amplification equipment shall be permitted.
(10) The sale of food and carbonated beverages shall be permitted provided that it is contained wholly within a field house or enclosed building.
(11) A development plan must be submitted at the time of application for a conditional use permit.
(f) Roadside Stands. (For the sale of products grown on the property where such stand is located.)
(1) Such stand shall be portable to permit removal during the non-growing season.
(2) The use shall be set back twenty feet from any right-of-way side line.
(3) Adequate off-street parking shall be provided for a minimum of four vehicles or more as determined by the Zoning Board of Appeals depending on the type and size of operation.
(4) All portable roadside stands shall be moved back to the setback building line during the non-growing season.
(6) Off-street parking areas shall be maintained in an all-weather, dust free condition.
(g) Plant Nursery. Conditions for Plant Nursery:
(1) Minimum site size shall be five acres.
(2) A minimum of five off-street parking spaces shall be provided or 3.5 square feet of parking space for each square foot of floor space devoted to retailing, whichever is greater.
(3) Any building or accessory structure shall be set back 100 feet from any road right-of-way side line and seventy-five feet from all other property lines.
(4) No burning or storage of dead plant material is allowed.
(5) All outside lighting shall be directed away and shielded from adjacent properties.
(6) When irrigation is utilized, adequate drainage shall be provided to direct surface water away from adjacent properties.
(7) When spraying of plant material is required, only those sprays accepted by the Department of Agriculture shall be utilized and further, such spraying operation shall be directed so as to not affect in any way adjacent properties.
(h) Assisted living facility.
(i) Elderly housing facility.
(j) Nursing homes.
(k) Off-premise signs.
(l) Recreational facilities.
(m) Semi-public uses.
(Ord. 11-07. Passed 7-18-07.)
1153.04 LOT REQUIREMENTS.
(a) Farm minimum lot area: five acres.
(b) Minimum lot area: two acres for single family.
(c) Minimum lot width: 300 feet for farm and 200 feet for single family.
(Ord. 11-07. Passed 7-18-07.)
1153.05 YARD REQUIREMENTS; RESIDENTIAL.
(a) Minimum front yard depth: seventy feet for all federal or state highways; fifty feet for all other roads.
(b) Minimum side yard width: fifty feet.
(c) Minimum side yard width:
(1) Minimum side yard: twenty feet.
(2) Total side yard: forty feet.
(Ord. 11-07. Passed 7-18-07.)
1153.06 PERMITTED SIGNS.
1153.07 OFF-STREET PARKING AND LOADING.
1153.08 DWELLING REQUIREMENTS.
1153.09 CERTIFICATE OF OCCUPANCY.
(Ord. 11-07. Passed 7-18-07.)
1155.01 PURPOSE.
The R1-2 District is created to provide for relatively low density single family residential uses. The minimum lot size required herein is based upon those conditions ordinarily existing in the Municipality at the time of adoption. All provisions contained herein are deemed just and necessary to the public health, safety and general welfare of the residents of the Municipality.
(Ord. 11-07. Passed 7-18-07.)
1155.02 PERMITTED USES.
In a single-family residential district no land or building shall be used or changed in use and no building shall be located, erected, or structurally altered, unless otherwise provided herein, except for one or more of the following:
(a) Single family dwelling.
(b) One-story accessory buildings incidental to the principal use which do not include any activity conducted as a business. Buildings or structures or uses which are accessory to the uses permitted in one district shall not be permitted in a district of a more restrictive classification.
(c) Public uses.
(Ord. 11-07. Passed 7-18-07.)
1155.03 CONDITIONALLY PERMITTED USES.
In an R1-2 District the following uses shall be classed as conditionally permitted uses and may be permitted by the Zoning Board of Appeals after a recommendation by the Planning Commission and subject to the conditions noted:
(a) Churches. (See Section 1153.03(a))
(b) Cemetery/Memorial Garden. (See Section 1153.03(c))
(d) Golf Course and Country Club. (See Section 1153.03(d))
(e) Nursery. (See Section 1153.03(g))
(f) Planned Unit Development. (Single-family) (See Chapter 1185)
(g) Park and Playgrounds. (See Section 1153.03(e))
(h) Athletic fields
(i) Bed and breakfast
(j) Family day care home, Type A
(k) Recreational facilities
(l) Semi-public uses.
(Ord. 11-07. Passed 7-18-07.)
(m) Nursing Homes
(n) Elderly Housing Facility.
(Ord. 19-18. Passed 12-5-18.)
1155.04 PERMITTED SIGNS.
1155.05 OFF-STREET PARKING AND LOADING.
1155.06 DWELLING REQUIREMENTS.
1155.07 CERTIFICATE OF OCCUPANCY.
(Ord. 11-07. Passed 7-18-07.)
1157.01 PURPOSE.
The R1-3 District is created to provide for single-family residential uses at a low-to- medium density. The minimum lot size required herein is based upon those conditions ordinarily existing in the Municipality at the time of adoption. All provisions contained herein are deemed just and necessary to the public health, safety and general welfare of the residents of the Municipality. (Ord. 11-07. Passed 7-18-07.)
1157.02 PERMITTED USES.
In a single-family residential district no land or building shall be used or changed in use and no building shall be located, erected, or structurally altered, unless otherwise provided herein, except for one or more of the following:
(a) Single-family dwelling.
(b) One-story accessory buildings incidental to the principal use which do not include any activity conducted as a business. Buildings or structures or uses which are accessory to the uses permitted in one district shall not be permitted in a district of a more restrictive classification.
(c) Public uses.
(Ord. 11-07. Passed 7-18-07.)
1157.03 CONDITIONALLY PERMITTED USES.
In an R1-3 District the following uses shall be classed as conditionally permitted uses and may be permitted by the Zoning Board of Appeals after a recommendation by the Planning Commission and subject to the conditions noted:
(a) Churches. (See Section 1153.03(a))
(b) Cemetery/Memorial Garden. (See Section 1153.03(c))
(d) Golf courses and country club. (See Section 1153.03(d))
(e) Nursery. (See Section 1153.03(g))
(f) Planned Unit Developments. (Single-family) (See Chapter 1185)
(g) Parks and playgrounds. (See Section 1153.03(e))
(h) Two-family dwelling (up and down; side by side) in dwellings existing at time of passage of this Ordinance (See Chapter 1163).
(i) Athletic fields.
(j) Bed and breakfast.
(k) Family day care home, Type A.
(l) Recreational facilities.
(m) Semi-public uses.
(Ord. 11-07. Passed 7-18-07.)
(n) Nursing Homes.
(o) Elderly Housing Facility.
(Ord. 19-18. Passed 12-5-18.)
1157.04 PERMITTED SIGNS.
1157.05 OFF-STREET PARKING AND LOADING.
1157.06 DWELLING REQUIREMENTS.
1157.07 CERTIFICATE OF OCCUPANCY.
(Ord. 11-07. Passed 7-18-07.)
1159.01 PURPOSE.
The R1-4 District is created to provide for single family residential uses at a medium density. The minimum lot size required herein is based upon those conditions ordinarily existing in the Municipality at the time of adoption. All provisions contained herein are deemed just and necessary to the public health, safety and general welfare of the residents of the Municipality.
(Ord. 11-07. Passed 7-18-07.)
1159.02 PERMITTED USES.
In a single-family residential district no land or building shall be used or changed in use and no building shall be located, erected, or structurally altered, unless otherwise provided herein, except for one or more of the following:
(a) Single-family dwelling.
(b) One-story accessory buildings incidental to the principal use which do not include any activity conducted as a business. Buildings or structures or uses which are accessory to the uses permitted in one district shall not be permitted in a district of a more restrictive classification.
(c) Public uses.
(Ord. 11-07. Passed 7-18-07.)
1159.03 CONDITIONALLY PERMITTED USES.
In an R1-4 District the following uses shall be classed as conditionally permitted uses and may be permitted by the Zoning Board of Appeals after a recommendation by the Planning Commission and subject to the conditions noted:
(a) Churches. (See Section 1153.03(a))
(b) Home occupation. (See Section 1135.02)
(c) Planned Unit Developments. (Single-family) (See Chapter 1185)
(d) Parks and playgrounds. (See Section 1153.03(e))
(e) Professional office building or clinic for medical or dental purposes.
(f) Two-family dwelling (up and down; side by side) in dwellings existing at time of passage of this ordinance. (See Chapter 1163).
(g) Assisted living facility.
(h) Athletic fields.
(i) Bed and breakfast.
(j) Elderly housing facility.
(k) Family day care home, Type A.
(l) Nursing homes.
(m) Recreational facilities.
(n) Semi-public uses.
(Ord. 11-07. Passed 7-18-07.)
1159.04 PERMITTED SIGNS.
1159.05 OFF-STREET PARKING AND LOADING.
1159.06 DWELLING REQUIREMENTS.
1159.07 CERTIFICATE OF OCCUPANCY.
1161.01 PURPOSE.
The R1-5 District is created to accommodate the existing narrow developed lots in and around the Village Center. This district is not intended to be expanded. The minimum lot size required herein is based upon those conditions ordinarily existing in the Municipality at the time of adoption. All provisions contained herein are deemed just and necessary to the public health, safety and general welfare of the residents of the Municipality.
(Ord. 11-07. Passed 7-18-07.)
1161.02 PERMITTED USES.
In a single-family residential district no land or building shall be used or changed in use and no building shall be located, erected, or structurally altered, unless otherwise provided herein, except for one or more of the following:
(a) Single-family dwelling.
(b) One-story accessory buildings incidental to the principal use which do not include any activity conducted as a business. Buildings or structures or uses which are accessory to the uses permitted in one district shall not be permitted in a district of a more restrictive classification.
(c) Public uses.
(Ord. 11-07. Passed 7-18-07.)
1161.03 CONDITIONALLY PERMITTED USES.
In an R1-5 District the following uses shall be classed as conditionally permitted uses and may be permitted by the Zoning Board of Appeals after a recommendation by the Planning Commission and subject to the conditions noted:
(a) Churches. (See Section 1153.03(a))
(c) Parks and playgrounds. (See Section 1153.03(e))
(d) Professional office building or clinic for medical or dental purposes.
(e) Two-family dwelling (up and down; side by side) in dwellings existing at time of passages of this ordinance. (See Chapter 1163).
(f) Semi-public uses.
(g) Assisted living facility.
(h) Bed and breakfast.
(i) Elderly housing facility.
(j) Family day care home, Type A.
(k) Nursing homes.
(l) Recreational facilities.
(Ord. 11-07. Passed 7-18-07.)
1161.04 PERMITTED SIGNS.
1161.05 OFF-STREET PARKING AND LOADING.
1161.06 DWELLING REQUIREMENTS.
1161.07 CERTIFICATE OF OCCUPANCY.
1163.01 PURPOSE.
The R2-1 District is created to provide medium-high density residential development for two-family and single-family residential uses on lots which are located in proximity to community services, shopping and related personal services. The minimum lot size required herein is based upon those conditions ordinarily existing in the Municipality at the time of adoption. All provisions contained herein are deemed just and necessary to the public health, safety and general welfare of the residents of the Municipality. This district may serve as a transition zoning between single-family and multi-family or between single-family and commercial uses.
(Ord. 11-07. Passed 7-18-07.)
1163.02 PERMITTED USES.
In the R2-1 Residential District, no land or building shall be used or changed in use and no buildings shall be located, erected, or structurally altered, unless otherwise provided herein, except for one or more of the following:
(a) Single-family dwelling.
(b) Two-family dwelling (up and down; side by side).
(c) One-story accessory buildings incidental to the principal use which do not include any activity conducted as a business. Buildings or structures or uses which are accessory to the uses permitted in one district shall not be permitted in a district of a more restrictive classification.
(d) Public uses.
(Ord. 11-07. Passed 7-18-07.)
1163.03 CONDITIONALLY PERMITTED USES.
In an R2-1 District the following uses shall be classed as conditionally permitted uses and may be permitted by the Zoning Board of Appeals after a recommendation by the Planning Commission and subject to the conditions noted:
(a) Churches. (See Section 1153.03(a))
(b) Home occupations. (See Section 1135.02)
(c) Parks and playgrounds. (See Section 1153.03(e))
(d) Planned Unit Developments. (Single family) (See Chapter 1185)
(e) Professional office building or clinic for medical or dental purpose.
(f) Semi-public uses.
(g) Assisted living facility.
(h) Bed and breakfast.
(i) Elderly housing facility.
(j) Family day care home, Type A.
(k) Nursing homes.
(l) Recreational facilities.
(Ord. 11-07. Passed 7-18-07.)
1163.04 REQUIRED LOT AREA.
Each single-family dwelling shall be located on a lot containing not less than 9,750 square feet and a lot width of not less than sixty-five feet. Each two-family dwelling shall be located on a lot containing not less than 12,000 square feet in area and a lot width of not less than eighty feet.
(Ord. 11-07. Passed 7-18-07.)
1163.05 PERMITTED SIGNS.
1163.06 OFF-STREET PARKING AND LOADING.
1163.07 DWELLING REQUIREMENTS.
1163.08 SUBMISSION OF PLANS.
1163.09 CERTIFICATE OF OCCUPANCY.
1165.01 PURPOSE.
The R3-1 District is created to provide for a variety of housing types to include garden apartments, townhouses, condominiums or other housing facilities of a similar character and density and in those areas suitable for such developments within the Municipality located in proximity to community services, shopping and related personal services. This District may be used only when adequate public sewer and water service are available.
(Ord. 11-07. Passed 7-18-07.)
1165.02 PERMITTED USES.
No land or building in the R3-1 District shall be used or structurally altered except for one or more of the following uses:
(a) Two-family dwellings.
(b) Multiple-family dwellings.
(c) Church, provided it shall be located not less than seventy-five feet from any lot in any R District. (See Section 1153.03(a))
(d) Accessory uses clearly incidental and customary to the operation of the above uses shall be permitted. Buildings or structures or uses which are accessory to the uses permitted in one district shall not be permitted in a district of a more restrictive classification.
(e) Public uses.
(Ord. 11-07. Passed 7-18-07.)
1165.03 CONDITIONALLY PERMITTED USES.
In an R3-1 District, the following uses shall be classed as conditionally permitted uses and may be permitted by the Zoning Board of Appeals:
(a) Child day care center.
(b) Golf courses and country clubs. (See Section 1153.03(d))
(c) Parks and playgrounds. (See Section 1153.03(e))
(d) Planned Unit Development Subdivision. (Single family) (See Chapter 1185)
(e) Professional office building or clinic for medical or dental purpose.
(f) Semi-public uses.
(g) Assisted living facility.
(h) Bed and breakfast.
(i) Elderly housing facility.
(j) Family day care home, Type A.
(k) Nursing homes.
(l) Recreational facilities.
(m) Professional office building or clinic for medical or dental purposes.
(Ord. 11-07. Passed 7-18-07.)
1165.04 BUILDING HEIGHT LIMIT.
No building hereafter erected or structurally altered shall exceed a height of forty feet.
(Ord. 11-07. Passed 7-18-07.)
1165.05 EXCEPTIONS TO HEIGHT LIMITS.
The height limitations of the Zoning Ordinance shall not apply to church spires, belfries, cupolas, and domes not intended for human occupancy; monuments, water towers, transmission tower, chimneys, smoke stacks, flagpoles, radio towers, masts and aerials. Such uses shall be approved by the Zoning Board of Appeals.
(Ord. 11-07. Passed 7-18-07.)
1165.06 REQUIRED LOT AREA AND LOT WIDTH.
Multiple-Family (four or more units) Lot Area: 3,600 sq. ft.
Lot Width: 100 feet minimum including per unit the first four units and 2.5 feet for each additional unit. (Ord. 11-07. Passed 7-18-07.)
1165.07 REQUIRED YARDS.
(a) Two-Family Dwelling.
(1) Front yard: Thirty-five feet (measured from the right-of-way line).
(2) Side yard: Ten feet (each side).
(3) Rear yard: Forty feet.
(b) Multiple-Family Dwellings.
(1) Front yard: Forty feet (measured from the right-of-way line).
(2) Side yard: Equal to one-half the height of the building but not less than ten feet.
(3) Rear yard: Forty feet.
(Ord. 11-07. Passed 7-18-07.)
1165.08 MINIMUM GROSS FLOOR AREA PER DWELLING UNIT.
(a) Within the R3-1 Multiple-Family Residential District, no building shall be erected, reconstructed or converted for use as a dwelling unless the following minimum gross floor area per dwelling unit is provided:
(1) Efficiency suites: 500 square feet;
(2) One bedroom dwelling unit: 575 square feet;
(3) Two bedroom dwelling unit: 750 square feet;
(4) Three bedroom dwelling unit: 950 square feet;
(5) Four or more bedroom dwelling unit: 1,500 square feet.
(b) The exception to this requirement shall be in the case of a development which is confined strictly to senior citizens, (sixty-two years of age or older), where the Planning Commission may allow a less stringent requirement if it is determined appropriate.
(Ord. 11-07. Passed 7-18-07.)
1165.09 ACCESSORY STRUCTURES.
All accessory structures not attached to the principal structures shall be back twenty feet from the principal building and not less than five feet from the side and/or rear lot lines.
(Ord. 11-07. Passed 7-18-07.)
1165.10 CORNER LOTS.
(Ord. 11-07. Passed 7-18-07.)
1165.11 MINIMUM LIVABLE OPEN SPACE.
(a) A minimum of forty-five percent (45%) of the gross land area shall be livable open space for the use and enjoyment of the residents of the project.
(b) Livable open space is the minimum required non-vehicular open space unobstructed to the sky, generally in lawn areas (including required yard areas that are left as lawn areas) or paved areas for recreation. The minimum recreation space performance standard listed for this district shall be included as a part of the livable open space. No parking spaces, loading areas or access drives can be included as part of the livable open space to be provided on the lot.
(Ord. 11-07. Passed 7-18-07.)
1165.12 MINIMUM RECREATION SPACE.
(a) A minimum of ten percent (10%) of the gross land area shall be usable recreation space. The recreation space shall be counted as a part of the required livable open space. Recreation areas shall be located a minimum distance of twenty feet from all principal buildings.
(b) The recreation space can include open space for both passive and active recreation. Passive recreation facilities might include common sitting areas in the form of sundecks or garden areas. Active recreation areas may include swimming pools, tennis courts, shuffle board courts, playgrounds and playfields, or tot lots.
(Ord. 11-07. Passed 7-18-07.)
1165.13 DISTANCE BETWEEN BUILDINGS ON THE SAME LOT.
No principal building shall be closer to any other principal building than the average of the heights of such building. (Ord. 11-07. Passed 7-18-07.)
1165.14 REQUIRED COURT DIMENSIONS.
(a) Outer Courts. The width of any outer court shall be not less than the average height of the walls forming such court. The depth of an outer court formed by walls on three sides, shall be not greater than one and one-half times the width.
(b) Inner Courts. The least dimension of an inner court shall be not less than forty feet.
(c) Passageway. An open and unobstructed passageway shall be provided at the grade level of each inner court. Such passageway shall have a cross section area and sufficient headroom to permit the passage of fire fighting equipment and shall be continuous from the inner court to a yard or an unobstructed open area between buildings.
(Ord. 11-07. Passed 7-18-07.)
1165.15 PERMITTED SIGNS.
1165.16 BUFFER YARDS.
No building shall be located closer than the height of the principal building from each side or rear property line which adjoins any other district line.
(Ord. 11-07. Passed 7-18-07.)
1165.17 OFF-STREET PARKING AND LOADING.
The provisions of Chapter 1183 shall apply in this district. The exception to this requirement shall be in the case of a development which is confined strictly to senior citizens, sixty-two years of age or older, in which case the requirement shall be one-half of the above.
(Ord. 11-07. Passed 7-18-07.)
1165.18 GENERAL REGULATIONS.
1165.19 CERTIFICATE OF OCCUPANCY.
1167.01 PURPOSE AND DESCRIPTION OF THE PARK DISTRICT.
(a) Purpose. The purpose of the Manufactured Home Park District (MHPD-1) is to provide suitable areas for manufactured home park developments, constructed according to the requirements of the Ohio Department of Health.
(b) Description. The District shall be used in areas suitable for residential development. It will be limited to the prefabricated types of single-family manufactured dwelling units and other uses characteristic of a residential area. The district is intended to provide homesites for those who have acquired residence in the community and intend to live there indefinitely but who prefer a manufactured home. The regulations contained herein are designed to stabilize, protect and encourage the residential character of the district and to prohibit all commercial activities. No "Home Occupations" are permitted. The minimum park size shall be not less than ten acres and provide space for fifty units with a variety of lot sizes, at a maximum density of seven units per acre. (Ord. 11-07. Passed 7-18-07.)
1167.02 PERMITTED USES.
No land shall be used or occupied and no structure shall be designed, erected, altered, or used except for either one or several of the following permitted uses and accessory uses thereto:
(a) Church; provided, it shall be located not less than 75 feet from any other lot in any R district.
(b) Community Center; provided any principal building and/or activity area shall be located not less than fifty feet from any other lot in any R district.
(c) Dwelling; one-family prefabricated type of manufactured home.
(d) Public uses.
Schools for academic instruction are permitted provided that buildings and/or activity areas shall be located not less than fifty feet from any lot in any R district.
(e) Public park, playgrounds, play field, golf courses and country clubs; provided, any principal building and/or activity area shall be located not less than fifty feet from any other lot in any R district.
(f) Nursery schools and/or child care center with four or more children; provided, the lot upon which the building is erected shall have an area sufficient to provide not less than seventy-five square feet of outdoor play space per child and the building shall provide not less than forty square feet of floor space per child. The outdoor play space shall be completely and securely fenced to a height of not less than five feet in height, and there shall be not less than 1,000 square feet of play area available to each day care center.
(g) Hospital or clinic, provided any principal building and/or activity area shall be located not less than fifty feet from any other lot in any R district.
(Ord. 11-07. Passed 7-18-07.)
1167.03 ACCESSORY USES.
Any accessory use or structure incidental and customary to the operation of the permitted uses and not involving the conduct of any business, trade or industry may be permitted. Buildings or structures or uses which are accessory to the uses permitted in one district shall not be permitted in a district of a more restrictive classification.
(a) Carports may be permitted.
(b) No additions other than factory fabricated additions or accessories, or those approved by the Zoning Administrator shall be added to any manufactured home until a valid permit is issued by the Zoning Administrator.
(c) Permanent private swimming pool, principally for the use of the residents, provided it shall be not less than twenty feet from the property line of the property on which located and that permits shall be issued therefore by the Wood County Board of Health and the Ohio Environmental Protection Agency. Required plans shall be submitted to the health authorities. Such swimming pool, on the immediate property on which it is located, shall be so walled, fenced or screened as to prevent uncontrolled access from the street or adjacent properties.
(Ord. 11-07. Passed 7-18-07.)
1167.04 ENVIRONMENTAL, OPEN SPACE AND ACCESS REQUIREMENTS.
(a) General Requirements. Conditions of soil, ground water level, drainage and topography shall not create hazards to the property or the health or safety of the occupants. The site shall not be exposed to objectionable smoke, noise, odors or other adverse influences, and no portion subject to unpredictable and/or sudden flooding, subsidence or erosion shall be used for any purpose which would expose persons or property to hazards.
(b) Soil and Ground Cover Requirements. Exposed ground surfaces in all parts of every manufactured home park shall be paved, or covered with stone screenings, or other solid material, or protected with a vegetative growth that is capable of preventing soil erosion and of eliminating objectionable dust.
(c) Site Drainage Requirements. The ground surface in all parts of every manufactured home district shall be graded and equipped to drain all surface water in a safe, efficient manner.
(d) Park Areas for Nonresident Uses.
(1) No part of any park shall be used for nonresidential purposes except such uses that are required for the direct servicing and well being of park residents and for the management and maintenance of the park.
(2) Nothing in this section shall be deemed to prohibit the sale of a manufactured home located on a manufactured home stand and connected to the pertinent utilities.
(3) Required setbacks, buffer strips and screening for manufactured homes: Manufactured homes shall not be permitted to occupy single or full multiple sites if the manufactured homes are either longer or wider than would permit compliance with the following requirements:
A. The boundaries of the site shall be clearly and permanently designated according to the dimensions and locations shown on the approved plot plan.
B. The space between manufactured homes may be used for parking of motor vehicles if the space is clearly designated and the vehicle is parked at least ten feet from the nearest adjacent site boundary.
C. There shall be unobstructed open spaces of at least twenty feet between the sides of other buildings and structures and/or sides of adjacent manufactured homes for the full length of the home.
D. Every manufactured home site shall have a front yard of forty feet measured from the nearest point of the manufactured home to the curb line. Also a rear yard ten feet in depth shall be provided.
E. Manufactured homes shall not be closer than twenty-two and one- half feet from any building or other home within the park or fifty feet from any property line bounding the park.
F. Each boundary of the manufactured home park must be at least 100 feet from any permanent residential building or any permanently established business or industry located outside the park unless separated therefrom by a natural or artificial barrier satisfactory to the Zoning Board. No manufactured home park shall be located closer to any right-of-way line than 100 feet measured from the street or highway right-of-way line.
G. The outer boundaries of a manufactured home park shall contain a buffer zone.
H. This buffer zone shall consist of a greenbelt strip, not less than twenty feet in width, located along all park boundaries not bordering a street. Such greenbelt shall be composed of one row of deciduous and/or evergreen trees, of ultimate height of fifteen feet, spaced not more than forty feet apart and not less than three rows of shrubs, spaced not more than eight feet apart and which have grown to a height of three feet or more after one full growing season and which shrubs will eventually grow to a height of not less than eight feet.
I. An accessory structure which has a horizontal area exceeding twenty-five square feet, for the purposes of all separation requirements, shall be considered part of the manufactured home.
J. Minimum lot size for each site shall be forty-five feet wide and 125 feet deep.
(e) Manufactured Home Park Stands and Alighting Areas.
(1) All manufactured home sites shall be provided with a stable base upon which to place the manufactured home. Such base shall consist of at least two reinforced concrete runways six inches in depth by two feet by sixty feet together with a paved alighting area of not less than eight feet by thirty feet.
(2) The manufactured home stand shall not heave, shift or settle unevenly under the weight of the manufactured home due to frost action, inadequate drainage, vibration or other forces acting on the super-structure.
(3) The manufactured home stand shall be provided with anchors and tie-downs such as cast-in-place concrete "dead men" eyelets imbedded in concrete runways, screw augers, arrowhead anchors, or other devices securing the stability of the manufactured home.
(Ord. 11-07. Passed 7-18-07.)
1167.05 REQUIRED RECREATION AREAS.
(a) In all parks designed to accommodate the minimum number of fifty or more manufactured homes, there shall be one or more recreation areas which shall be easily accessible to all park residents.
(b) The size of such recreation areas shall be based upon a minimum of 200 square feet for each lot.
(c) Recreation areas shall be so located as to be free of traffic hazards and should, where the topography permits, be centrally located.
(Ord. 11-07. Passed 7-18-07.)
1167.06 STREET SYSTEM.
(a) General Requirements. All manufactured home parks shall be provided with safe and convenient vehicular access from abutting public streets or roads to each manufactured home lot. Alignment and gradient shall be properly adapted to topography. All roads and access ways must meet the road specifications of the Municipality.
(b) Access. Every manufactured home site shall abut or face on a clear, unoccupied space, driveway or roadway or street, of not less than twenty-five feet, excluding parking, in width which shall have unobstructed access to a public thoroughfare. Existing licensed parks having driveways, roadways or streets less than twenty-five feet in width shall not be required to increase the same to the twenty-five foot minimum road width as long as the park is not redesigned or expanded. Any additions to the park area must conform to the road specifications of the Municipality.
(c) Lighting. All streets and access drives shall be illuminated to a minimum intensity of one foot-candle with lights spaced at intervals of not more than 100 feet and shielded from abutting properties. (Ord. 11-07. Passed 7-18-07.)
1167.07 REQUIRED OFF-STREET PARKING AREAS.
(a) Parking areas shall be provided in all manufactured home parks for the use of park occupants and guests. Such areas shall contain at least two car spaces for each manufactured home lot.
(b) Required parking spaces shall be so located as to provide convenient access to the manufactured home, but shall not exceed a distance of 200 feet from the manufactured home that the spaces are intended to serve.
(Ord. 11-07. Passed 7-18-07.)
1167.08 WALKS.
(a) General Requirements. All parks shall be provided with safe, convenient, all- season pedestrian access three feet in width, durable and easy to maintain between individual manufactured homes, the park streets and all community facilities provided for park residents. Sudden changes in alignment and gradient shall be avoided.
(b) Common Walk System. A common walk system shall be provided and maintained between locations where pedestrian traffic is concentrated. Such common walks shall have a minimum width of three feet.
(c) Individual Walks. All manufactured home stands shall be connected to common walks, to paved streets, or to paved driveways or parking spaces connected to a paved street. Such individual walks shall have a minimum width of two feet.
(d) Lighting. All common walkways shall be illuminated to a minimum intensity of one foot-candle. (Ord. 11-07. Passed 7-18-07.)
1167.09 WATER SUPPLY.
(a) General Requirements. The water supply serving any manufactured home park shall be obtained from a Municipal supply.
(b) Source of Supply.
(1) Plumbing in all manufactured home parks shall comply with all applicable codes or ordinances. Plumbing shall meet the requirements of the standards of the State Plumbing Board with respect to layout, materials and workmanship.
(2) Water supply and facilities shall be installed and maintained according to systems and methods approved by the Ohio Environmental Protection Agency and the Municipality.
(Ord. 11-07. Passed 7-18-07.)
1167.10 SEWAGE DISPOSAL.
(a) General Requirements. An adequate and safe sewerage system shall be provided in all manufactured home parks for conveying and disposing of all sewage. Such a system shall be designed, constructed and maintained in accordance with State and local laws.
(b) Sewer Lines. The methods and facilities for the collection, treatment and disposal of sewage or other water-carried waste shall comply with all applicable ordinances or regulations and shall be of a nature and capacity and so maintained and operated as not to create unlawful pollution of the waters of the State, a menace to health or a condition of nuisance. No waste water from manufactured homes shall be deposited on the surface of the ground. Manufactured home parks shall connect to a public sewer system where such a system is available and accessible. Where no public sewer system is available and accessible, devices for the collection, treatment and disposal of sewage satisfactory to the health authorities shall be provided and if no particular way can be found by which proper waste disposal is assured, a construction permit or operating license shall not be issued.
(c) Individual Sewer Connections. Individual sewer connections shall be made between each manufactured home and sewer riser in accordance with the provisions of the "Criteria for Sewer Connections" as established by the Ohio Environmental Protection Agency.
(d) Storm Drains. Storm drains shall be installed to provide adequate drainage and must meet the specifications as set forth by the Wood County Engineer and all applicable codes and regulations. (Ord. 11-07. Passed 7-18-07.)
1167.11 ELECTRICAL DISTRIBUTION SYSTEM.
(a) General Requirements. Every park shall contain an underground electrical wiring system consisting of wiring, fixtures, equipment and appurtenances which shall be installed and maintained in accordance with applicable codes and regulations governing such systems. The service entrance shall be installed in accordance with regulations of the power company serving the area.
(b) Power Distribution Lines.
(1) Main power lines not located underground shall be suspended at least eighteen feet above the ground. There shall be a minimum horizontal clearance of three feet between overhead wiring and any manufactured home, service building or other structure.
(2) All direct burial conductors or cables shall be buried at least thirty inches below the ground surface and shall be insulated and specially designed for the purpose. Such conductors shall be located not less than one foot radial distance from water, sewer, gas or communication lines.
(c) Individual Electrical Connections.
(1) Each manufactured home lot shall be provided with an approved disconnecting device and over current protective equipment. The minimum service per outlet shall be 120/240 volts AC, 100 amperes.
(2) Outlet receptacles at each manufactured home stand shall be located not more than twenty-five feet from the over current protective devices in the manufactured home and a three-pole, four-wire, grounding type shall be used. Receptacles shall be of weatherproof construction and configurations shall be in accordance with American Standard Outlet Receptacle C-73.1.
(3) The manufactured home shall be connected to the outlet receptacle by an approved type of flexible cable with connectors and a male attachment plug.
(4) Where the calculated load of the manufactured home is more than 100 amperes, a 200 amp service shall be provided.
(d) Required Grounding. All exposed noncurrent carrying metal parts of manufactured homes and all other equipment shall be grounded by means of an approved grounding conductor with branch circuit conductors or other approved method of grounded metallic wiring. The neutral conductor shall not be used as an equipment ground for manufactured homes or other equipment.
(Ord. 11-07. Passed 7-18-07.)
1167.12 SERVICE BUILDING AND OTHER COMMUNITY SERVICE FACILITIES.
(a) General. The requirements of this section shall apply to service buildings, recreation buildings and other community service facilities such as:
(1) Management offices, repair shops and storage areas;
(2) Sanitary facilities;
(3) Laundry facilities;
(4) Indoor recreation areas, social or community centers;
(5) Commercial uses supplying essential goods or services for the exclusive use of park occupants, such as coin-operated vending machines.
(b) Required Community Sanitary Facilities. Every park shall be provided with the following emergency sanitary facilities:
(1) For each 100 manufactured home lots, and fractional part thereof, there shall be one flush toilet and one lavatory for each gender.
(2) No manufactured home park shall have any residence not provided with toilet, lavatory and bath plumbing fixtures.
(Ord. 11-07. Passed 7-18-07.)
1167.13 REFUSE HANDLING.
(a) The storage, collection and disposal of refuse in the manufactured home park shall be so conducted as to create no health hazards, rodent harborage, insect breeding areas, accident or fire hazards or air pollution.
(b) All refuse shall be stored in fly-tight, watertight, rodent-proof containers, which shall be located not more than 150 feet from any manufactured home lot. Containers shall be provided in sufficient number and capacity to properly store all refuse.
(c) Refuse collection stands shall be provided for all refuse containers. Such container stands shall be so designed as to prevent containers from being topped, to minimize spillage and container deterioration and to facilitate cleaning around them.
(d) All refuse containing garbage shall be collected at least once weekly. Where suitable collection service is not available from Municipal or private agencies, the manufactured home park operator shall provide this service.
(e) Where Municipal or private disposal service is not available, the manufactured home park operator shall dispose of the refuse by transporting to a disposal site approved by the health authority. (Ord. 11-07. Passed 7-18-07.)
1167.14 INSECT AND RODENT CONTROL.
(a) Ground, buildings and structures shall be maintained free of insect and rodent harborage and infestation. Extermination methods and other measures to control insects and rodents shall conform with the requirements of the health authority.
(b) Parks shall be maintained free of accumulations of debris which may provide rodent harborage or breeding places for flies, mosquitoes and other pests.
(c) Storage areas shall be so maintained as to prevent rodent harborage; lumber, pipe and other building material shall be stored at least eighteen inches above the ground.
(d) Where the potential for insect and rodent infestation exists, all exterior openings in or beneath any structure shall be appropriately screened with wire mesh or other suitable materials.
(e) The growth of brush, weeds and grass shall be controlled to prevent harborage of ticks, chiggers, and other noxious insects. Parks shall be so maintained as to prevent the growth of ragweed, poison ivy, poison oak, poison sumac and other noxious weeds considered detrimental to health. Open areas shall be maintained free of heavy undergrowth of any description.
(Ord. 11-07. Passed 7-18-07.)
1167.15 FUEL SUPPLY AND STORAGE.
(a) Natural Gas System.
(1) Natural gas piping systems where used shall be installed and maintained in accordance with applicable codes and regulations governing such systems.
(2) Each manufactured home lot provided with piped gas shall have an approved manual shutoff valve installed upstream of the gas outlet. The outlet shall be equipped with an approved cap to prevent accidental discharge of gas when the outlet is not in use.
(b) Liquefied Petroleum Gas (LPG) Systems.
(1) Liquefied petroleum gas (LPG) systems where used shall be installed and maintained in accordance with applicable codes and regulations governing such systems.
(2) Systems shall be provided with safety devices to relieve excessive pressures and shall be arranged so that the discharge terminates at a safe location.
(3) Systems shall have at least one accessible means for shutting off gas. Such means shall be located outside the manufactured home and shall be maintained in effective operating conditions.
(4) All LPG piping outside of the manufactured homes shall be well supported and protected against mechanical injury. Undiluted LPG in liquid form shall not be conveyed through piping equipment and systems in manufactured homes.
(5) LPG containers installed on a manufactured home lot shall be securely but not permanently fastened to prevent accidental overturning. Such containers shall not be less than twelve nor more than fifty U.S. gallons gross capacity.
(6) No LPG vessel shall be stored or located inside or beneath any storage cabinet, carport, manufactured home, or any other structure, unless such installations are approved by the health authority.
(c) Fuel Oil Supply System.
(1) All fuel oil supply systems where used shall be installed and maintained in accordance with applicable codes and regulations governing such systems.
(2) All piping from outside fuel storage tanks or cylinders to manufactured homes shall be permanently installed and securely fastened in place.
(3) All fuel oil storage tanks or cylinders shall be securely fastened in place and shall not be located inside or beneath any manufactured home or less than five feet from any manufactured home exit.
(4) Storage tanks located in areas subject to traffic shall be protected against physical damage. (Ord. 11-07. Passed 7-18-07.)
1167.16 FIRE PROTECTION.
(a) The manufactured home area shall be subject to the rules and regulations of the Municipal fire prevention authority.
(b) Manufactured home parks shall be kept free of litter, rubbish and other flammable materials.
(c) Portable fire extinguishers of a type approved by the fire prevention authority shall be kept in service buildings and at all other locations designated by such fire prevention authority and shall be maintained in good operating conditions.
(d) Fires shall be made only in stoves and other equipment intended for such purposes.
(e) Fire hydrants shall be installed if the park water supply system is capable to serve them in accordance with the following requirements:
(1) The water supply system shall permit the operation of a minimum of two, one-and-one-half inch hose streams.
(2) Each of two nozzles, held four feet above the ground, shall deliver at least seventy-five gallons of water per minute at a flowing pressure of at least thirty pounds per square inch at the highest elevation point of the park.
(f) Fire hydrants, if provided, shall be located as prescribed by the fire prevention authority or other authorities have jurisdiction, with respect to any manufactured home, service building or other structure in the park.
(Ord. 11-07. Passed 7-18-07.)
1167.17 MISCELLANEOUS REQUIREMENTS.
(a) Responsibilities of the Park Management.
(1) The person to whom a license for a manufactured home park is issued shall operate the park in compliance with the Zoning Ordinance and regulations issued hereunder and shall provide adequate supervision to maintain the park, its facilities and equipment in good repair and in a clean and sanitary condition.
(2) The park management shall notify park occupants of all applicable provisions of the Zoning Ordinance and regulations issued hereunder.
(3) The park management shall supervise the placement of each manufactured home on its manufactured home stand which includes securing its stability and installing all utility connections.
(4) The park management shall maintain a register containing the names of all park occupants. Such register shall be available to any authorized person inspecting the park.
(b) Restrictions on Occupancy. A manufactured home shall not be occupied for dwelling purpose unless it is properly placed on a manufactured home stand and connected to water, sewerage and electrical utilities.
(Ord. 11-07. Passed 7-18-07.)
1167.18 PERMITTED SIGNS.
(Ord. 11-07. Passed 7-18-07.)
1167.19 REVIEW FOR ZONING PERMIT.
The review procedures as established in Section 1187.07 shall apply in this district.
(Ord. 11-07. Passed 7-18-07.)
1167.20 LICENSES.
It shall be unlawful for any person to operate any manufactured home park within the limits of the Municipality unless he holds a valid license issued annually by the appropriate health authority in the name of such person for the specific manufactured home park. All applications for licenses shall be made to the health authority, who shall issue a license upon compliance by the applicant with the provisions of the Zoning Ordinance and regulations issued hereunder and of other applicable legal requirements.
(Ord. 11-07. Passed 7-18-07.)
1167.21 INSPECTION OF MANUFACTURED HOME PARKS.
The Zoning Administrator or other authority having jurisdiction is hereby authorized and directed to make such inspections as are necessary to determine satisfactory compliance with the Zoning Ordinance and regulations issued hereunder.
(Ord. 11-07. Passed 7-18-07.)
1167.22 NOTICES, HEARINGS AND ORDERS.
1167.23 CERTIFICATE OF OCCUPANCY.
A certificate of occupancy shall be secured from the Zoning Administrator, or other authority having jurisdiction, after the completion of any manufactured home park addition thereto, as provided for in Section 1139.08. This certificate must be obtained before such park or addition can be occupied. Prior to the issuance of the certificate, a final inspection shall be made to insure that all provisions of the Zoning Ordinance have been met.
(Ord. 11-07. Passed 7-18-07.)
1167.24 DEVELOPMENT STANDARDS.
All manufactured home parks shall meet the requirements of the Ohio Department of Health pursuant to the Ohio Administrative Code Chapter 3701-27, and the requirements of the Wood County Health Department.
(Ord. 11-07. Passed 7-18-07.)
1169.01 PURPOSE.
The Neighborhood Commercial District is created to provide for the retailing of convenience goods, such as are handled in small food markets and pharmacies, and essential personal services, such as barber shops and beauty salons, in order to satisfy the daily and weekly household and personal needs of the surrounding residential neighborhoods. Uses in these areas must be compatible with surrounding residential uses and not be large generators of traffic. All uses and activities shall be inside buildings unless related to the existing primary use of the property. Work activities and material handling will be confined within buildings or within closures. Materials and products will be stored in enclosed structures or areas screened from view from adjoining property. External areas of structures will be landscaped and maintained. Undeveloped areas of the parcel will be kept free of debris and weeds, and will be routinely maintained by the cutting of all grassed areas.
(Ord. 11-07. Passed 7-18-07.)
1169.02 PERMITTED USES.
(a) Accessory uses.
(b) Bank (branch office).
(c) Barber and beauty shops.
(d) Bakery (goods for sale on premises only).
(e) Bicycle repair shop.
(f) Boarding house.
(g) Bookstore.
(h) Business, neighborhood.
(i) Child day care center.
(j) Convenience food stores.
(k) Cleaners and laundry (collection and distribution only, custom and self-service).
(l) Delicatessen.
(m) Dairy products store (no bottling or drive-in types permitted).
(n) Drugstore.
(o) Food and grocery stores.
(p) Hardware stores.
(q) Locksmith, lawnmower service.
(r) Mortuaries.
(s) Nursing homes.
(t) Personal services.
(u) Public service facilities.
(v) Public uses, neighborhood.
(w) Semi-public uses, neighborhood.
(x) Tailor or dressmaking shop, including pressing.
(y) Accessory uses.
(Ord. 11-07. Passed 7-18-07.)
1169.03 CONDITIONALLY PERMITTED USES.
In a C-1 District the following uses shall be classed as conditionally permitted uses and may be permitted by the Zoning Board of Appeals subject to the general conditions as set forth in Chapter 1141, "Zoning Board of Appeals," after a recommendation by the Planning Commission and the following specific conditions:
(a) Automobile automatic wash stations: (See General Commercial District, Section 1173.03 for general conditions).
(b) Clinic for medical or dental purposes.
(c) Clubs.
(d) Dwelling, single-family.
(e) Dwelling, two-family.
(f) Dwelling, multiple-family.
(g) Professional offices, such as those offering legal, insurance or accounting services.
(h) Recreational facilities.
(i) Restaurant/coffee shop (without drive-in or drive-through service).
(j) Service Stations. (See General Commercial District, Section 1173.03 for general conditions).
(Ord. 11-07. Passed 7-18-07.)
1169.04 BUILDING HEIGHT.
No building or structure shall be erected to a height in excess of thirty-five feet.
(Ord. 11-07. Passed 7-18-07.)
1169.05 REQUIRED LOT AREA.
The lot area shall be not less than one acre and the lot width shall be at least 125 feet.
(Ord. 11-07. Passed 7-18-07.)
1169.06 YARDS REQUIRED.
The following yard requirements shall apply to all yards in the Neighborhood Commercial District:
(a) Front Yard. Setback of 100 feet from the road right-of-way line. A fifteen-foot deep unobstructed open buffer strip shall be provided next to the right-of-way and parking in this strip shall be prohibited.
(b) Rear Yards. Forty feet.
(c) Side Yards.
(1) Minimum side. Twelve feet where there is no rear access.
(2) Abutting a street. 100 feet from road right-of-way line.
(3) Abutting a residential zone. A seventy-five foot unobstructed buffer strip suitably landscaped.
(4) Accessways. Each lot shall have not more than two accessways to any one street or highway with a forty-five foot separation between centerlines. The width of the accessways leading to or from a highway shall be not less than twenty feet nor shall it exceed thirty-six feet. No accessways shall be closer than seventy feet to the right-of-way side lines.
(Ord. 11-07. Passed 7-18-07.)
1169.07 PERCENTAGE OF LOT COVERAGE.
All buildings, including accessory buildings shall not cover more than thirty percent (30%) of the area of the lot.
(Ord. 11-07. Passed 7-18-07.)
1169.08 PERMITTED SIGNS.
1169.09 OFF-STREET PARKING AND LOADING.
1169.10 SUBMISSION OF PLANS.
The provisions of Section 1187.07 shall be in full force and effect in this district.
(Ord. 11-07. Passed 7-18-07.)
1169.11 CERTIFICATE OF OCCUPANCY.
(Ord. 11-07. Passed 7-18-07.)
1171.01 PURPOSE.
It is the intention of Council that by the creation of the C-2 District and its appurtenant regulations, further expansion and renewal as the historical core business area will be encouraged in such a manner that it is pleasant, convenient and efficient to use. All uses and activities shall be inside buildings unless related to the existing primary use of the property. Work activities and material handling will be confined within buildings or within closures. Materials and products will be stored in enclosed structures or areas screened from view from adjoining property. External areas of structures will be landscaped and maintained. Undeveloped areas of the parcel will be kept free of debris and weeds and will be routinely maintained by the cutting of all grassed areas. Residential uses may be allowed within this district. Residential uses shall be permitted when contained within a non-residential building provided that such use shall not be located on the first floor of the building. Entrance and exit to the dwelling unit(s) shall be exclusive and separate from the non-residential part of the building.
(Ord. 11-07. Passed 7-18-07.)
1171.02 PERMITTED USES.
The following uses shall be permitted in the Village Center Commercial District:
(a) Retail Stores. Retail stores primarily engaged in selling merchandise for personal or household consumption and rendering services incidental to the sale of the goods (including the buying or processing of goods for resale).
(b) General Merchandise.
(1) Hardware stores.
(2) Department stores.
(3) Mail order houses.
(4) Variety stores.
(5) Miscellaneous general merchandise stores.
(c) Food.
(1) Neighborhood grocery stores.
(2) Meat and fish (sea food) markets.
(3) Fruit stores and vegetable markets.
(4) Candy, nut, and confectionery stores.
(5) Dairy products stores.
(6) Retail bakeries.
(7) Miscellaneous food stores.
(d) Apparel.
(1) Men's and boy's clothing and furnishings stores.
(2) Women's accessory and specialty stores.
(3) Women's ready-to-wear stores.
(4) Children's and infant's wear stores.
(5) Family clothing stores.
(6) Shoe stores.
(7) Custom tailors.
(8) Furriers and fur shops.
(9) Miscellaneous apparel and accessory stores.
(e) Home Furnishings.
(1) Furniture, home furnishings, and equipment stores.
(2) Household appliance stores.
(3) Radio, television and music stores.
(f) Eating and Drinking.
Eating and drinking places.
(g) Miscellaneous Retail.
(1) Drug stores and proprietary stores.
(2) Liquor stores.
(3) Antique stores and secondhand stores.
(4) Book and stationery stores.
(5) Sporting goods stores and bicycle shops.
(6) Jewelry stores.
(7) Florists.
(8) Cigar stores and stands.
(9) News dealers and news stands.
(10) Camera and photographic supply stores.
(11) Gift, novelty, and souvenir shops.
(12) Optical goods stores.
(13) Miscellaneous retail stores, not elsewhere classified.
(h) Administrative, Business and Professional Offices.
(1) Administrative offices primarily engaged in general administration, supervision, purchasing, accounting and other management functions.
(2) Business office carrying on no retail trade with the general public and having no stock of goods maintained for sale to customers.
(3) Professional offices engaged in providing tangible and intangible services to the general public, involving both persons and possessions.
(i) Trust companies not engaged in deposit banking.
(1) Commercial and stock savings banks.
(2) Mutual savings banks.
(3) Trust companies not engaged in deposit banking.
(4) Establishments performing functions closely related to banking.
(5) Savings and loan associations.
(6) Agricultural credit institutions.
(7) Personal credit institutions.
(8) Business credit institutions.
(9) Loan correspondents and brokers.
(10) Holding companies.
(11) Investment companies.
(12) Trusts.
(13) Miscellaneous investing institutions.
(j) Real estate offices.
(k) Law offices.
(l) Accessory buildings or uses subordinate to those permitted herein.
(Ord. 11-07. Passed 7-18-07.)
1171.03 BUILDING HEIGHT LIMIT.
No building or structure in a C-2 District shall be erected to a height in excess of thirty-five feet. (Ord. 11-07. Passed 7-18-07.)
1171.04 REQUIRED LOT AREA.
The minimum lot area shall be not less than 10,000 square feet.
(Ord. 11-07. Passed 7-18-07.)
1171.05 LOT WIDTH.
No requirement. (Ord. 11-07. Passed 7-18-07.)
1171.06 BUILDING SETBACK.
Building setback line shall be thirty-five feet from the nearest right-of-way line or the proposed right-of-way on the Plan of Major Thoroughfares for the Municipality. If there is not an established right-of-way line, it shall be considered as being thirty-five feet plus one-half of the proposed road standard measured from the center of the road or street. In established business and commercial areas, the building setback line shall be the uniform setback line observed on the same side of the street as the lot in question between two intersecting streets or for a distance of 100 feet on each side of the lot. In the event of variance of the abutting property, the setback that is nearest to thirty-five feet from the right-of-way line shall prevail as the minimum setback.
(Ord. 11-07. Passed 7-18-07.)
1171.07 SIDE YARD.
No requirements except where the side yard of a "C" District abuts a lot in a residential district, a twenty foot side yard will be required.
(Ord. 11-07. Passed 7-18-07.)
1171.08 REAR YARD.
Each lot shall have a rear yard of not less than twenty feet.
(Ord. 11-07. Passed 7-18-07.)
1171.09 BUILDING AREA.
No requirement. (Ord. 11-07. Passed 7-18-07.)
1171.10 PERMITTED SIGNS.
1171.11 PERCENTAGE OF LOT COVERAGE.
All buildings including accessory buildings shall not cover more than seventy-five percent (75%) of the area of the lot.
(Ord. 11-07. Passed 7-18-07.)
1171.12 SUBMISSION OF PLANS.
The provisions of Section 1187.07 shall be in full force and effect in this district.
(Ord. 11-07. Passed 7-18-07.)
1171.13 CERTIFICATE OF OCCUPANCY.
(Ord. 11-07. Passed 7-18-07.)
1171.14 OFF-STREET PARKING AND LOADING REQUIREMENTS.
1173.01 PURPOSE.
(a) The general business district is created to provide retailing and personal services which require larger tracts of land and encompass a larger service area than that of the Neighborhood Commercial District. This district is so designed to permit commercial development of permitted uses which will be limited only by standards set forth to protect the abutting districts and as directed against the extension of strip zoning. The General Commercial Districts shall be considered for use in limited areas adjacent to the Village Center Commercial District and in accessible locations along arterial streets on the Major Thoroughfare Plan. Strip zoning utilizing this district shall be prohibited.
(b) The general business district provides for businesses which serve a community level or regional market. Businesses may be grouped into small centers located along a major thoroughfare, or at corners of major intersections on large lots to allow for ingress, egress, internal circulation and adequate parking. Typically these businesses will be high generators of traffic. Examples of these include, but are not limited to, large market stores (grocery, hardware, etc.), drive-through businesses, motels, restaurants, gas stations, etc. All uses and activities shall be inside buildings unless related to the existing primary use of the property. Work activities and material handling will be confined within buildings or within closures. Materials and products will be stored in enclosed structures or areas screened from view from adjoining property. External areas of structures will be landscaped and maintained. Undeveloped areas of the parcel will be kept free of debris and weeds and will be routinely maintained by the cutting of all grassed areas.
(Ord. 11-07. Passed 7-18-07.)
1173.02 PERMITTED USES.
The following uses shall be permitted in the General Commercial District:
(a) Antique store.
(b) Automobile accessory store.
(c) Automobile-truck travel trailer sales lot.
(d) Bar, grill, cocktail lounge, State liquor store.
(e) Bicycle rental sales and service.
(g) Boat and sporting goods store.
(h) Bowling alley, provided the building used for such purpose is at least 100 feet from any residential district.
(i) Café.
(j) Churches (See Section 1153.03(a) for additional regulations.)
(k) Clinics, medical and dental.
(l) Clubs (swimming, Y.M.C.A., etc.), lodges.
(m) Discount store (variety, drugs, etc.).
(n) Doughnut shop.
(o) Drive-in banks.
(p) Drive-in ice cream store.
(q) Drive-in restaurants.
(r) Dry cleaning, custom and self-serve.
(s) Egg and poultry store, no killing of fowl on premises.
(t) Exterminator service.
(u) Farm, fruit and produce stands.
(v) Farm implement sales.
(w) Food and grocery stores.
(x) Food lockers.
(y) Garden and nursery centers.
(z) Gift. novelty and souvenir stores.
(aa) Miniature golf courses.
(bb) Laundry, custom and self-serve.
(cc) Monument sales. provided cutting is done in an enclosed building.
(dd) Motels. tourist cabins and courts.
(ee) Motorcycle sales and service.
(ff) Pet store and supplies.
(gg) Photographic studio.
(hh) Photostatting, printing, publishing.
(ii) Restaurants.
(jj) Supermarkets.
(kk) Travel trailer and pick-up coach sales and services.
(Ord. 11-07. Passed 7-18-07.)
1173.03 CONDITIONALLY PERMITTED USES.
In a C-3 district, the following uses shall be classed as conditionally permitted uses and may be permitted by the Zoning Board of Appeals subject to the general conditions as set forth in Chapter 1141 after a recommendation by the Planning Commission and the following specific conditions:
(a) Service Stations.
(1) General conditions for gasoline service stations:
A. Size: A minimum of one acre.
B. Yard requirements as follows: Frontage. Minimum frontage on the primary street of 125 feet.
C. Building setback. Required minimum setback of 100 feet from all street right-of-way lines. A fifteen feet deep unobstructed buffer strip shall be provided next to the right-of-way and parking in this strip shall be prohibited.
D. Rear yard. A required minimum of seventy-five feet where the use abuts a residential area or forty feet abutting a nonresidential area.
E. Side yard. A required minimum of seventy-five feet.
F. Lot coverage. A maximum of twenty percent (20%) shall be permitted.
(2) Driveways.
A. Maximum width of curb openings for stations should not be more than thirty-five feet or less than twenty feet.
B. No driveway or curb cut for a driveway shall be located within ten feet of any adjoining property line or within twenty feet of an exterior (corner) lot line as extended.
C. Any two driveways giving access to a single street shall be separated by a buffer strip with a minimum depth of twenty feet from the right-of-way line.
D. The angle of intersection of the center line of the driveway with the center line of the street shall be not less than sixty degrees.
(3) Landscaping.
A. Any unpaved areas of the site shall be landscaped or maintained in a dust free condition and separated from the paved areas by a curb or other barrier.
B. When such use abuts a lot in any residential district, a three foot solid wall, chain link fence, or painted board fence shall be maintained from the street right-of-way line to the building line. Along the remainder of the property lines, a six foot solid wall, chain link fence, or painted board fence from the building lot line shall be maintained. In addition, a row of shrubs shall be incorporated which will attain a maximum height of three feet from the street right-of-way line to the building line and a minimum of six feet along the remainder of the property lines.
C. There shall be a parking space for each employee (with a minimum of two employee spaces) plus one space for each service bay, plus one space for each restroom provided.
D. Exterior lighting shall be shielded from adjacent properties to prevent possible glare.
(4) Service equipment.
A. Gasoline pump islands, compressed air connections, and other equipment shall be setback a minimum of thirty feet from any right- of-way line.
B. Hydraulic hoists, pits and all lubrication, washing and repair equipment shall be enclosed entirely within a building.
(5) Repair Work. No major repair work shall be conducted in a gas station.
(6) Outdoor Storage of Vehicles. Under any and all condition, outdoor storage shall be limited to seventy-two hours.
(b) Automobile Repair Garages. General conditions for automobile repair garages:
(1) When such use abuts a lot in any residential district, a three foot solid wall, chain link fence, or painted board fence, shall be maintained from the street right-of-way line to the building line. Along the remainder of the property lines, a six-foot solid wall, chain link fence, or painted board fence from the building lot line shall be maintained. In addition, a row of shrubs or hedges shall be incorporated which will attain a maximum height of no more than three feet from the street right-of-way line to the building line and a minimum of six feet along the remainder of the property lines.
(2) Buildings used for such purposes shall not be nearer than seventy-five from any residential district.
(3) Automobile, truck and trailer repairs shall be conducted completely within an enclosed building.
(4) No more than two driveway openings shall be permitted directly from any major thoroughfare nor more than one driveway opening from any minor street, each of which shall not exceed thirty feet in width at the property line at its intersection with the property line, no part of any access way shall be nearer than 100 feet to the intersection of any two street right-of-way lines, nor shall any such part be nearer than fifty feet to any side or rear property line.
(5) One off-street parking space for each employee shall be provided in addition to one space for each 250 square feet of floor space to accommodate loading and unloading of materials, customer parking and storage of vehicles repaired and to be repaired.
(6) No overnight or weekend outside storage of trucks or trailers shall be permitted on the premises and no partially dismantled or junked vehicles shall be stored outside the building on the premises.
(7) The area of all permanent advertising signs on a building or parcel may have an area equivalent to one and one-half square feet of sign area for each lineal foot of width of a building or part of a building, but shall not exceed a maximum area of 100 square feet.
(c) Automobile Automatic Wash Stations. General conditions for automobile automatic wash and polish stations:
(1) An automobile washing and polishing establishment shall provide reserve space off-street for not less than ten automobiles per washing lane.
(2) One off-street parking space shall be provided for each two employees plus one space for the owner or manager.
(3) All outside lighting shall be shielded from adjacent properties.
(4) Each lot for an automatic car wash and polishing establishment shall contain a minimum frontage of 125 feet and a depth of 200 feet.
(5) A sand trap for waste water with a minimum capacity of 120 cubic feet shall be provided within the building for the protection against ground water pollution. Such waste water shall be handled according to accepted Wood County Board of Health practices. The use shall be located one hundred feet from any lot in a residential district.
(6) Retail sales of related commercial products shall be permitted.
(7) Repair work shall not be permitted.
(8) Automobile washing and polishing services shall be performed wholly within a totally enclosed building, with the exception that finishing of vehicles may be conducted outside the building.
(9) Washing and polishing facilities when located adjacent to a residential area shall be used only during the hours of 7:00 a.m. to 10:00 p.m. local time.
(10) The building shall be a minimum of forty feet from the side lot line.
(11) A permanent screening fence or wall not less than six feet in height shall be constructed along any side property line which abuts property zoned for residential use.
(d) Veterinary Hospital or Kennels. General conditions for veterinary hospitals or kennels:
(1) Parking and access. Parking shall be provided for a minimum of four car and trailer combinations. Five hundred square feet shall be the minimum required parking and access area for each car and trailer or van combination. Three hundred square feet shall be required for parking and access space for each vehicle.
(2) Runways: exercise areas. All riding or exercising of animals shall be conducted solely on the premises. All outside small animal runways or kennels shall be enclosed by a six foot woven chain link fence, maintained in a clean, orderly and sanitary condition and free from any conditions that would menace the health of the animals enclosed therein, the public or constitute a nuisance.
(3) Buildings and enclosures.
A. The main building and any buildings housing animals shall be no closer than 100 feet from any other lot in any district. Enclosed runways and kennels or outside exercise areas shall be no closer than 100 feet from any property line.
B. Manure piles shall be disposed of daily in a sanitary, non-odorous condition. Open manure piles shall not be permitted.
C. All outside lighting shall be shielded from adjacent properties.
D. The sale of incidental products is permitted.
(e) Funeral Home.
(1) Minimum site size shall be one acre with a minimum width of 150 feet.
(2) The proposed site shall front upon a major thoroughfare. All ingress and egress to the site shall be directly from such thoroughfare.
(3) Each front, side and rear yard shall be at least fifty feet in width and be appropriately landscaped in trees, shrubs and grass. No structures or parking areas shall be permitted in such yards except that rear yards may be used for parking purposes under the requirements specified in Chapter 1183 and except for required entrance drives and those walls and/or fences used to obscure the use from abutting residential districts.
(4) No more than thirty percent (30%) of the gross site area shall be covered by buildings, including accessory buildings.
(5) All buildings shall be harmonious in appearance with any abutting surrounding residential area and shall be similar in design and appearance to any other buildings within the immediate vicinity of the proposed site.
(6) Off-street parking shall be provided in conformance with the schedule outlined in Chapter 1183. An adequate off-street assembly area for vehicles used in funeral processions shall be provided in addition to any required off-street parking area. Parking and assembly areas shall be screened from surrounding residential areas by a fence at least four feet in height. Shrubs or trees may be used in combination with such structural screens or walls.
(Ord. 11-07. Passed 7-18-07.)
1173.04 BUILDING HEIGHT LIMIT.
No building or structure shall be erected to a height in excess of thirty-five feet.
(Ord. 11-07. Passed 7-18-07.)
1173.05 REQUIRED LOT AREA.
The lot area shall be not less than one acre and the lot width shall be at least 125 feet.
(Ord. 11-07. Passed 7-18-07.)
1173.06 YARDS REQUIRED.
The following yard requirements shall apply to all yards in the General Commercial District unless specified herein.
(a) Front Yard. Setback of 100 feet from the road right-of-way line. A twenty foot deep unobstructed open buffer strip shall be provided next to the right-of-way and parking in this strip shall be prohibited.
(b) Rear Yards. Forty feet.
(c) Side Yards.
(1) Minimum side. Twelve feet where there is no rear access to the property.
(3) Abutting a residential zone. Seventy-five foot unobstructed buffer strip suitably landscaped.
(d) Access Ways.
(1) The use of marginal roads is to be encouraged throughout the district.
(2) Each lot shall have not more than two access ways to any street or highway with a forty-five foot separation between centerlines. The width of the access way leading to or from a highway shall be not less than twenty feet nor shall it exceed thirty-six feet.
(Ord. 11-07. Passed 7-18-07.)
1173.07 PERCENTAGE OF LOT COVERAGE.
All buildings, including accessory buildings shall not cover more than thirty percent (30%) of the area of the lot. (Ord. 11-07. Passed 7-18-07.)
1173.08 PERMITTED SIGNS.
1173.09 OFF-STREET PARKING AND LOADING REQUIREMENTS.
1173.10 SUBMISSION OF PLANS.
The provisions of Section 1187.07 shall be in full force and effect in this district.
(Ord. 11-07. Passed 7-18-07.)
1173.11 CERTIFICATE OF OCCUPANCY.
(Ord. 11-07. Passed 7-18-07.)
1175.01 PURPOSE.
(a) The purpose of the M-1 District is to encourage the development of manufacturing and wholesale business establishments which are clean, quiet and free of hazardous or objectionable elements such as noise, odor, dust, smoke, or glare, operated entirely within closed structures and generate little industrial traffic. Office and research activities are encouraged. This district is further designed to act as a transitional use between general industrial uses and other less intensive business and residential uses.
(b) Because of their access to transportation and community services, and because of the nature of their light industrial operation, with restricted manufacturing operations, research facilities, warehousing, and offices of a restricted nature, these areas will have little or no detrimental effects on neighboring land uses. Adequate attempts should be made to provide as much isolation from other areas as possible.
(c) These uses may include activities such as manufacturing, processing, or assembly of products or the provision of services. No offensive or hazardous conditions shall be created by an industry and other disruptive activities shall be minimized to maintain tranquility if proximate to commercial or residential areas. This includes the absence of such things as excessive traffic, dust, dirt, noxious gases, smoke, noise, fumes or vibrations. Since certain industrial uses as a part of their operation may have need for sales distribution and sales outlets, it may be permitted only as an accessory use providing that goods and services are produced at the site or are an integral part of a warehousing distribution system. Wherever possible, work activities and material handling will be confined to within buildings or enclosures. When possible, materials and products will be stored in enclosed structures or areas screened from the view of adjoining property. External areas of structures will be landscaped and maintained. Undeveloped areas of the parcel will be kept free of debris and weeds and will be routinely maintained by the cutting of all grassed areas.
(Ord. 11-07. Passed 7-18-07.)
1175.02 PERMITTED USES.
Any of the following uses or those of a similar nature, if conducted within an enclosed building or within an area enclosed on all sides with a solid wall or uniformly painted fence not less than eight feet high.
(a) Acoustical material storage; advertising display manufacturing; agriculture; agricultural implements (repair and service); agricultural tillage (contractors); air express service warehouse; airplane (repair and storage); asbestos and asbestos products storage; asphalt siding, shingles, roofing storage; automobiles (assembly of bodies, sales, parts and supplies, repair, brakes, electrical, painting, radiators, upholstery, etc., storage, warehouse).
(b) Bakers and baked goods manufacturing; ball bearings storage; barbecue (bulk preparation and sales); beer and ale distributor (wholesale) and storage; belting (repairing); beverages (bottling), beverages (wholesale and storage); bicycles (repair); biscuit companies (manufacturing); biscuits (wholesale and storage); boat, pleasure (storage); boilers (storage); bookbinders, book publishing (printing); bottles (wholesale); boxes (sales); braces (orthopedic, manufacturing); brick storage yard; brooms (manufacturing); building contractors (equipment and material storage); burglar alarm systems (installations); bus line shops (garage, repair); business machines (manufacturing, repair service, storage and wholesale); button covering (fabrics).
(c) Cabinet makers; candy (wholesale distribution); canvas goods (fabrication); carpenter's shops and power woodworking; carpet and rug cleaners and storage; carpets and rugs (warehouse), carpets and rugs (wholesale); cement, cement products manufacturing (pipe, blocks, etc.); cement storage; cesspool builders and service equipment yard; chemicals and drugs storage and distribution; cigarette manufacture; cigarette service; cigarette manufacturing (machine rolled); cigars (wholesale and storage); cleaning compounds storage; cleaning and dyeing processing; clock factory; clothing manufacturing; coffee (wholesale and storage); coin machines manufacturing; coin machines (rental and service); cold storage; concrete contractors (storage yards); concrete products (pipe, beams manufacturing); concrete products (storage); concrete transit mixed; confectioners (wholesale); contractors equipment and supplies (storage); corsets and brassieres manufacturing; cotton seed products (storage); cranes (storage yard); crop dusting equipment yards.
(d) Dairies (distributing, commercial); dairies (pasteurization, commercial); decoration (workshop and equipment yard); department store warehouses; desks manufacturing; diaper supply service; diesel engines service, equipment and supplies (not manufacturing); disinfectants (storage and wholesale); display designers and builders shops; distillers (distribution, warehouse); doors, sash and trim, wood manufacturing; draperies manufacturing; drilling company equipment yards; drugs (wholesale storage); dry cleaning establishments (bulk processing); dry goods (wholesale or storage).
(e) Eggs (storage and processing); electric contractors shops; electric equipment assembly; electric plating; electric refrigeration lockers; electrical appliances manufacturing; electrical appliances repairs; enameling and painting (custom); engravers and electroplaters; express companies warehouses; exterminating and fumigating (commercial shops).
(f) Farm implements and machinery assembly; feed (wholesale and storage); fences (metal, wholesale and storage); fertilizers (processed, storage only); filters fabrication; fire escape contractors; firewood (storage); fish (wholesale); flags and banners manufacturing; floor refinishing (contractors shop); food processing (general, see under product listing); food products (brokers and distributors, wholesale); food products (warehouse); freight forwarders warehouses; frozen food processing; frozen foods (wholesale, storage and distribution); fruit and vegetable juice processing; fruit and vegetable market (wholesale); fruits and vegetable processing (general, see under product listing); fur warehouse; furnaces (cleaning and repairing shops); furniture cleaners; furniture (repairing and refinishing); furniture (wholesale and storage); furs manufacturing (cutting and assembly).
(g) Garment factory; glass blowing; grocers (warehouse); grocers (wholesale); gunsmiths (repairs).
(h) Harness repair; hat manufacturing; hay and straw (sales and storage); heating and ventilating apparatus (assembly and storage); hoists (equipment storage); horseshoeing; hosiery manufacturing; hotel equipment (assembly and custom fabrication); house movers (equipment storage yards).
(i) Ice cream manufacturing; imported goods (warehouse); insecticides (storage and distribution); insulations (contractors equipment yard, storage and wholesale); interior decorators (workshops); iron (custom decorative wrought iron shops); irrigation companies and equipment.
(j) Janitor's supplies, storage and warehouse; jewelers (bulk manufacturing); jobbers (bulk materials).
(k) Knit goods manufacturing.
(l) Laboratories (commercial, analytical, experimental and research); ladies's wear manufacturing; laundries (processing); laundry equipment and supplies storage; leather goods (manufacturing, fabrication); limb manufacturing (artificial); lime storage; linen supply laundry service; linoleum storage; liquor (storage and wholesale); lithographers; livestock (supplies, storage and wholesale); locksmiths repair shops; loft buildings; lubrication compounds (storage); lumber (cabinet workings); lumber storage yard; lumber (used and wholesale).
(m) Machine shops, machine tools (storage); machinery rental; machinery (used storage); markets (exchanges of goods); meat (storage and wholesale); men's clothing manufacturing; metals, processing, light fabrication from standard shapes; machine shop operations, plating, custom and replating, products fabrication and assembly; meters manufacturing; milk bottling plant (other than farm); milliners (wholesale and manufacturing); millinery and artificial flower making; mill work (sale and storage); mineral water (distillation and bottling); mining machinery (wholesale storage); mirrors (resilvering, custom work); model construction supplies and manufacturing; mortar (bulk preparation and sales); motion picture equipment (storage and manufacturing); motion picture studios; motor freight company warehouses; motorcycles (repairing and sales); mover (warehouses).
(n) Newspaper printing; noodle manufacturing; notions (manufacturing, wholesale); novelties (manufacturing and wholesale); nuts (edible, processing).
(o) Office equipment manufacturing (see also business machines); office furniture (storage and warehouse); oil burners (installation and repair); optical goods manufacturing; ornamental metal work (custom hand fabrication); orthopedic appliances manufacturing; overall manufacturing.
(p) Packing, crating service fabrication; painters equipment and supplies (shops, wholesale and storage); paper storage; paper products (wholesale and storage); pattern shop; paving contractors equipment and storage; paving materials storage yard; photo-engraving company; pickles (processed, wholesale and storage); pipe (used, storage and sales); pipe coverings contractors shops; pipe fittings (storage and wholesale); pipe (concrete, manufacturing and storage); pipe (metal storage); plasterer (wholesale and storage); plating works (precious metals); plumbers shops, plumbing fixtures and supplies (wholesale and storage); popcorn manufacturing; potato chips manufacturing; poultry supplies (wholesale and storage); printers equipment and supplies; wholesale produce (garden); wholesale produce (warehouse); pumps (repairing and rental); printer.
(q) Quick freeze plant; quilt (manufacturing).
(r) Radio equipment assembling, radio repair shop; refrigeration equipment custom installation; refrigerators (servicing); refrigerators (wholesale, storage); restaurant equipment installation and repair; road building equipment (storage yard); rubber stamps manufacturing.
(s) Scaffolds (equipment and storage); scales (commercial weighing); school equipment and supplies (wholesale); screens, doors and windows manufacturing; screw and bolt manufacturing; seed (wholesale and retail garden supplies); septic tanks (contractors, construction); service station equipment (wholesale); sewer pipe storage; sheet metal work (custom fabrication); shirt factory; shoe repairing equipment and supplies (wholesale); shoe manufacturing; sign erectors (contractors shops); sign painters shops; sign maintenance service shops; signs (neon and metal fabrication); skylights (custom manufacturing); slip covers (custom manufacturing); soaps (wholesale and storage); sporting goods manufacturing; soda water manufacturing; specialties (see coin machines); spices (wholesale and storage); spraying supplies equipment yard; springs (replacement and repairs); stair builders (wood); steel awnings (custom manufacturing); steel erectors equipment yards; steel fabricators (light sections); storage warehouse; storage shops; store and office fixtures (contractors shops); stoves and ranges (wholesale and storage); surgical supplies (wholesale distributors).
(t) Tank coating equipment yard; tanks (erection, contractors yard); taxidermists; tents and awnings and manufacturing; termite control contractor shops; terrazzo contractor shops; thermometers manufacturing (wholesale, storage); tool grinding and sharpening; tools (wholesale and distribution); towels (supply and service); tractors (rentals); trailer (repairing); transfer business; truck freight movers (see express also); trunks manufacturing.
(u) Underwear (wholesale and manufacturing); upholsterers (custom).
(v) Wall board (wholesale and storage); wallpaper manufacturing; warehouses; watches manufacturing; water (distilled, processing); water (mineral, drinking or curative, bottling and distribution); water coolers (drinking fountains, repair and service); water heaters (service and repairing); water softening equipment (service and repairing); water supply systems (contractors shops); waterproofing (material, storage); weighers (commercial); welding (commercial); welding (equipment and supplies storage); well drilling (equipment yard); wholesale produce storage or market; commercial winches (equipment rentals); windows display (installations, studio and shops); wines (storage, bottling and wholesale); wood (storage yard); woodworking (cabinet and custom millwork); woodworking (equipment, wholesale); woven goods (fabrication and assembly).
(Ord. 11-07. Passed 7-18-07.)
1175.03 ACCESSORY USES.
Accessory uses clearly incidental and customary to the operation of the above uses shall be permitted. Buildings or structures or uses which are accessory to the uses permitted in one district shall not be permitted in a district of a more restrictive classification.
(Ord. 11-07. Passed 7-18-07.)
1175.04 BUILDING HEIGHT.
Building height shall not exceed fifty feet in height. Chimney, tank, communication and all other types of towers, antennas, ventilators, and other structures may be permitted to a greater height upon approval by the Zoning Board of Appeals.
(Ord. 11-07. Passed 7-18-07.)
1175.05 LOT AREA, WIDTH AND YARD REQUIREMENTS.
(a) Lot Area and Width. Every lot in an M-1 District shall contain a minimum area of two acres and a lot frontage and width of 200 feet.
(b) Corner Lots. The building's setback on corner lots shall be 100 feet from both the street right-of-way lines. The remaining yards shall conform to the provisions contained herein.
(1) Yards required. Yards of the following widths or depths shall be provided for all uses unless otherwise permitted by the Zoning Ordinance.
(2) Front yards. The minimum setback building line shall be 100 feet from the street right-of-way line, and shall be appropriately landscaped and maintained. Such minimum space shall remain open and unoccupied by any principal or accessory building or use other than driveways and sidewalks.
(3) Side yards. There shall be two side yards, each having a width of not less than thirty-five feet as measured from the side lot line to the nearest point of any structure. Where a lot abuts any residential district, there shall be a side yard buffer strip of 150 feet on the side abutting the residential district. Such space abutting the residential district shall be appropriately landscaped and maintained. Such space shall remain open and unoccupied by any principal or accessory building or use.
(4) Rear yards. There shall be a rear yard of not less than fifty feet. Rear yards used for parking shall be appropriately surfaced with a desirable dust free material and shall be graded and drained to dispose of all surface water in the area. For those lots with rear lot lines abutting any residential district, there shall be a rear yard of not less than 150 feet. This area shall be appropriately landscaped and maintained and shall remain open and unoccupied by any principal or accessory building.
(Ord. 11-07. Passed 7-18-07.)
1175.06 PERMITTED SIGNS.
(Ord. 11-07. Passed 7-18-07.)
1175.07 OFF-STREET PARKING AND LOADING REQUIREMENTS.
(Ord. 11-07. Passed 7-18-07.)
1175.08 PERCENTAGE OF LOT COVERAGE.
Buildings together with their accessory uses in an M-1 District shall cover not more than forty percent (40%) of the area of the lot.
(Ord. 11-07. Passed 7-18-07.)
1175.09 SUBMISSION OF PLANS.
The provisions of Section 1187.07 shall be in full force and effect in this district.
(Ord. 11-07. Passed 7-18-07.)
1175.10 CERTIFICATE OF OCCUPANCY.
(Ord. 11-07. Passed 7-18-07.)
1177.01 PURPOSE.
(a) The purpose of the M-2 District is to encourage the development of major manufacturing, processing, warehousing and major research and testing operations. These activities require extensive community facilities, and reasonable access to arterial highways. They may have extensive open storage and service areas, generate heavy traffic, but shall be prohibited if they create nuisances beyond the limitations set up by the Planning Commission.
(b) Because of their access to transportation and community services, and isolation from other land uses, areas in the M-2 District can accommodate industrial uses which might cause detrimental effects in other areas. The M-2 district provides for industries which by their nature and function require large parcels for development. These uses may be objectionable to adjacent residential or commercial properties and therefore should be grouped together where similar uses are located.
(c) Certain industries may need special consideration because of their potential spill- over effect on surrounding areas. These are provided for as a conditional use. These industries may include such activities as fabricating, processing, smelting and refining, extraction of minerals and stone, foundries, blast furnaces and similar industries which have the potential of creating impacts in the area adjacent to and near the industrial activity. Sales distribution and sales outlets may be permitted as an accessory use providing that goods and services are produced at the site or are an integral part of a warehousing distribution system.
(Ord. 11-07. Passed 7-18-07.)
1177.02 PERMITTED USES.
A building or premises may be used for the following purposes in an M-2 District. Any of the following uses, or those of a similar nature, if conducted within an enclosed building or structure, or within an area enclosed on all sides by a solid wall or uniformly painted fence not less than eight feet in height.
(a) Acoustical material manufacturing; agricultural implements manufacturing; air conditioning equipment (mass unit production); airplane manufacturing; automobiles manufacturing.
(b) Bag cleaning, bag jobbers (burlap); bag manufacturing; balls and bearings manufacturing; barrel manufacturing; bathroom accessories manufacturing; belting manufacturing; blacksmith; boat manufacturing; boilers manufacturing and repair; bottle manufacturing; bottle caps and seals manufacturing; box manufacturing; boxes; brake lining manufacturing; brushes manufacturing; burlap processing; business machines manufacturing; button manufacturing (metal, plastic).
(c) Canvas manufacturing; car manufacturing (railroads); carpet manufacturing; carriage and wagon manufacturing; carton manufacturing; cash registers manufacturing; caskets; cloth, weaving and spinning; coke oven manufacturing; container paper manufacturing; cordage mill; cosmetic manufacturing; cotton seed products manufacturing; cotton spinning and weaving; crockery manufacturing.
(d) Dairy equipment and supplies manufacturing; diesel engines manufacturing; doors manufacturing.
(e) Electric equipment manufacturing (casting and molding); elevators manufacturing; engine manufacturing; envelope manufacturing.
(f) Fabrics (weaving and spinning); felt (building insulation manufacturing); felt (fabric manufacturing); fences (metal, fabrication and manufacturing); fire clay products manufacturing; fireproofing manufacturing; floor materials manufacturing; furniture (bulk manufacturing, metal, wood).
(g) Gas tanks (illuminating).
(h) Hat manufacturing.
(i) Ice manufacturing; industrial truck body manufacturing.
(j) Insulation material manufacturing.
(k) Kindling factory.
(l) Lathe manufacturing; leather manufacturing; linen goods manufacturing (spinning, weaving); locomotive manufacturing; luggage manufacturing.
(m) Machine tools manufacturing; mattresses manufacturing; metal polish manufacturing; millwork (woodworking manufacturing); mirrors (bulk manufacturing).
(n) Monuments manufacturing.
(o) Office furniture manufacturing; oil burners manufacturing; organ manufacturing; ornamental metal work (mass production).
(p) Packing and crating service (sawmill operations); paint shops, automobile (see auto repairs); paper products, manufacturing (cartons, containers); pencil factory; piano manufacturing;
(q) Rags (bulk collection and storage, processing).
(r) Rope manufacturing (rope walk); rubber products salvage; rug manufacturing.
(s) Septic tanks (servicing and cleaning equipment yard); sewer service (equipment yard); springs (metal, manufacturing); stair builders (metal); steel fabrication (heavy sections); steel tank manufacturing; stoves and ranges manufacturing; structural steel manufacturing.
(t) Tank fabrication; tea and spice packing; time records machines manufacturing; tin products manufacturing; tinfoil manufacturing; tombstone manufacturing.
(u) Wagon manufacturing; wall board manufacturing; wastepaper products manufacturing; waxed container manufacturing; weaving mills; wire rope and fencing fabrication; wool spinning and weaving; worsted goods manufacturing; woven goods manufacturing (mills); wrecking contractors yards.
(Ord. 11-07. Passed 7-18-07.)
1177.03 CONDITIONALLY PERMITTED USES.
In an M-2 District the following uses shall be classed as conditionally permitted uses and may be permitted by the Zoning Board of Appeals subject to the general conditions as set forth in Chapter 1141, and the following specific conditions:
(a) Abrasives manufacturing; aniline color or dye manufacturing; asbestos manufacturing.
(b) Beet sugar manufacturing; bleacheries (cloth processing); bleaching compound manufacturing; bluing manufacturing; bottled gas (manufacturing, storage and distribution); breweries; brick kilns; butane distributors; butter and cheese manufacturing.
(c) Candy manufacturing; candle manufacturing; cannery; carbide sales and distribution; casein manufacturing; cassette and compact disc manufacturing; cast iron pipe manufacturing; cattle feed lots; chalk manufacturing; charcoal manufacturing and pulverizing; cheese manufacturing; chocolate and cocoa products manufacturing; cider and vinegar manufacturing; clay products manufacturing; cleaning compounds manufacturing; coal and coke yards; coffee roasting; concrete (bulk) manufacturing; condensed milk manufacturing; confectioners manufacturing.
(d) Dairy products manufacturing; distillers; drugs manufacturing; dyeing (commercial bulk); dyestuffs manufacturing.
(e) Elevators (grain); emery cloth and sandpaper manufacturing; enameling and painting (bulk production); excelsior manufacturing, storing and distribution, bulk; extrusion of metal.
(f) Feed (grains, manufacturing and processing); fire brick (manufacturing); floor polish and wax manufacturing; flour and grain (storage and elevators); flour mills.
(g) Glass blowing (bulk processing), glass manufacturing (window and plate); glucose manufacturing; grain elevators; graphite manufacturing; gums (wholesale processing); gutta percha manufacturing.
(h) Hair products factory; heavy castings manufacturing; horse-radish manufacturing; hose manufacturing.
(i) Iron foundry.
(j) Jar manufacturing.
(k) Kerosene manufacturing or storage.
(l) Lampblack manufacturing; lead manufacturing (see metals); lead (white) and oil manufacturing; linoleum manufacturing; linseed oil manufacturing; liquor distilleries; lumber (bulk processing).
(m) Malleable casting manufacturing; malt extracts manufacturing; marble (quarry processing); matches manufacturing (wholesale and storage); metals (heavy casting); mills (flour and grain);
(n) Molasses manufacturing.
(o) Oil (fuel, storage); oil (vegetable, manufacturing and processing); oilcloth manufacturing; oiled rubber or synthetic leather goods manufacturing; oleomargarine manufacturing; olives (processing); ore (storage of and elevators).
(p) Paint and varnish manufacturing; paper manufacturing; perfumery manufacturing; petroleum storage (wholesale); pharmaceutical products; pickles (processing); pipe (metal, manufacturing); planning mill, plating works, bulk galvanizing; poultry feed manufacturing; printers ink manufacturing.
(q) Pumice manufacturing.
(r) Rolling mills, rubber products manufacturing; rubbish removal (private equipment storage).
(s) Salt manufacturing; sand and gravel (processing and storage); sandpaper manufacturing; sawmill; seed treatment (processing, extraction of oil); sewer pipe manufacturing (tile and terra cotta); shell grinding; shellac manufacturing; shellacking works; silk manufacturing; snuff manufacturing; soda compound manufacturing; soy bean oil manufacturing; spices (processing); spinning mill; stone crushing; stone cutting and screening; stove polish manufacturing; sugar refining; sweeping compound manufacturing; syrup and preserve manufacturing.
(t) Tank farm (petroleum); terra cotta manufacturing; textile mills; tile manufacturing (decorative); tile manufacturing (structural); tobacco (chewing, manufacturing or treatment); tire manufacturing.
(u) Turpentine manufacturing.
(v) Varnish manufacturing.
(w) Washing powder manufacturing; washing soda manufacturing; waterproofing materials manufacturing; waterproof treatment and manufacturing; wax processing; white lead manufacturing; wines (distillation); wood products manufacturing (bulk); woodworking (sawmill, bulk, processing); wool processing, wool scouring or pulling.
(x) Salvage yards.
(1) All outdoor storage areas shall be screened or fenced with a solid fence at least eight feet in height. Such fence shall be maintained in sound condition, painted and presenting a neat and inconspicuous appearance. In addition, the use of trees and shrubs shall be encouraged to enhance the outward appearance of the enclosed area. Storage between the street and such fence is strictly prohibited.
(2) A minimum of two parking spaces plus one parking space per employee in addition to one space for each 100 square feet of retail floor area shall be provided.
(3) All outside salvage or stored material shall be located no closer than seventy-five feet to the side and rear property lines when located adjacent to a non-residential district and a 200 foot transition area measured from the fence to any residential district boundary shall be maintained. Such strip shall be planted with trees, grass and shrubs.
(4) Salvage yards shall be established and maintained according to all applicable State statutes. The stricter regulations, either State or local, shall prevail.
(5) A minimum of two acres shall be provided.
(6) A front yard of 100 feet from the right-of-way line shall be maintained. Such front yard shall be planted with trees, grass and shrubs.
(7) No material shall be stocked above the fence height, except the movable equipment used in the operation.
(8) No open burning shall be permitted and all industrial processes involving the use of equipment for cutting, compressing, or packing shall be conducted within a completely enclosed building.
(9) A development plan shall be submitted at the time of application showing: building location, accessory buildings or structures locations, fence location, fence type and specifications, planting plan, parking area, street access point or points, and drawn to scale.
(10) A salvage yard operation will be permitted to operate in an approved location provided that the operation of such use does not adversely affect the public health, safety and general welfare.
(y) Yeast cultivation (bulk).
(Ord. 11-07. Passed 7-18-07.)
1177.04 ACCESSORY USES.
Accessory uses clearly incidental and customary to the operation of the above uses shall be permitted. Buildings or structures or uses which are accessory to the uses permitted in one district shall not be permitted in a district of a more restrictive classification.
(Ord. 11-07. Passed 7-18-07.)
1177.05 BUILDING HEIGHT.
Building height shall not exceed fifty feet in height. Chimney, tank, communication and all other types of towers, antennas, ventilators, and other structures may be permitted to a greater height upon approval by the Zoning Board of Appeals.
(Ord. 11-07. Passed 7-18-07.)
1177.06 LOT AREA, WIDTH AND YARD REQUIREMENTS.
(a) Lot Area and Width. Every lot in an M-2 District shall contain a minimum area of two acres and a lot frontage and width of 200 feet.
(b) Corner Lots. A building's setback on corner lots shall be 100 feet from both the street right-of-way lines. The remaining yards shall conform to the provisions contained herein.
(1) Yards required. Yards of the following widths or depths shall be provided for all uses unless otherwise permitted by the Zoning Ordinance.
(2) Front yards. The minimum setback building line shall be 100 feet from the street right-of-way line, and shall be appropriately landscaped and maintained. Such minimum space shall remain open and unoccupied by any principal or accessory building or use other than driveways and sidewalks.
(3) Side yards. There shall be two side yards, each having a width of not less than thirty-five feet as measured from the side lot line to the nearest point of any structure. Where a lot abuts any residential district, there shall be a side yard buffer strip of 150 feet on the side abutting the residential district. Such space abutting the residential district shall be appropriately landscaped and maintained. Such space shall remain open and unoccupied by any principal or accessory building or use.
(4) Rear yards. There shall be a rear yard of not less than fifty feet. Rear yards used for parking shall be appropriately surfaced with a desirable dust free material and shall be graded and drained to dispose of all surface water in the area. For those lots with rear lot lines abutting any residential district, there shall be a rear yard of not less than 150 feet. This area shall be appropriately landscaped and maintained and shall remain open and unoccupied by any principal or accessory building.
(Ord. 11-07. Passed 7-18-07.)
1177.07 PERMITTED SIGNS.
(Ord. 11-07. Passed 7-18-07.)
1177.08 OFF-STREET PARKING AND LOADING REQUIREMENTS.
(Ord. 11-07. Passed 7-18-07.)
1177.09 PERCENTAGE OF LOT COVERAGE.
Buildings together with their accessory uses in an M-2 District shall cover not more than forty percent (40%) of the area of the lot.
(Ord. 11-07. Passed 7-18-07.)
1177.10 SUBMISSION OF PLANS.
The provisions of Section 1187.07 shall be in full force and effect in this district.
(Ord. 11-07. Passed 7-18-07.)
1177.11 CERTIFICATE OF OCCUPANCY.
(Ord. 11-07. Passed 7-18-07.)
1178.01 PURPOSE.
(a) The principal objective of this Zoning Ordinance is to provide for an orderly arrangement of compatible building and land uses, and for the proper location of all types of uses required for the social and economic welfare of the Village. To accomplish this objective, each type and kind of use is classified as permitted or conditional in one or more of the various districts established by this Ordinance.
(b) Conditional uses require particular consideration as to their proper location in relation to adjacent established or intended uses, or to the planned development of the community.
(Ord. 11-07. Passed 7-18-07.)
1178.02 GENERAL PROVISION.
(b) Such conditional permits shall be subject to such protective restrictions as may be deemed necessary, including, but not limited to, term limitations, hours of operation, off street parking, lighting restrictions, set back requirements and fencing. Council, all members elected thereto, may terminate any permit for a violation of terms or limitations therein prescribed.
(c) If recommended by the Planning Commission, Council, all members elected thereto, may authorize the issuance of such a conditional permit by a majority vote of the members elected thereto. With Commission approval or without Commission recommendation, such action by Council, all members elected thereto, shall require the concurrence of four members.
(Ord. 11-07. Passed 7-18-07.)
1178.03 EXPIRATION OF CONDITIONAL USE PERMIT.
A Conditional Use Permit, if granted, shall be for only one main use and said permit shall automatically expire if, for any reason, the conditional use is not initiated within one year of the granting of the permit or if the conditional use ceases to exist for more than two years.
(Ord. 11-07. Passed 7-18-07.)
1178.04 SITE DESIGN AND DEVELOPMENT.
Site plan review and landscaping shall be required for all Conditional Uses.
(Ord. 11-07. Passed 7-18-07.)
1178.05 EXTRACTION INDUSTRIES. (REPEALED)
(EDITOR’S NOTE: Former Section 1178.05 was repealed by Ordinance 20-2022, passed October 19, 2022.)
1178.06 FARM MARKETS.
(a) General: Farm markets shall be permitted only where all of the gross income from the market is derived from the produce raised on the premises.
(b) Setback: To allow for safe ingress and egress of vehicles and temporary parking, no building, structure, produce stand, or vehicle used for produce sale or storage shall be closer than 50 feet to any road right-of-way.
(c) Area and Design Requirements: Farm markets and road side stands shall be a maximum of one story high and shall not contain greater than 200 square feet in floor area.
(Ord. 11-07. Passed 7-18-07.)
1178.07 ROAD SIDE STANDS.
(a) General: Road side stands shall be permitted only for the sale of plant produce grown on the property.
(b) Setback: To allow for safe ingress and egress of vehicles and temporary parking, no building, structure, produce stand, or vehicle used for produce sale or storage shall be closer than 50 feet of any road right-of-way.
(c) Area and Design Requirements: A road side stand shall be a temporary structure only. Road side stands shall be a maximum of one story high and shall not contain greater than 200 square feet in floor area.
(Ord. 11-07. Passed 7-18-07.)
1178.08 SHOPPING CENTERS.
A Shopping Center shall meet the following requirements:
(a) Contain a minimum lot area of five acres.
(b) Be platted in accordance with applicable subdivision rules and regulations.
(c) Be subject to a traffic survey prepared by qualified experts that indicates the effect of the proposed shopping center on adjacent streets and roadways, and also indicates the anticipated points of origin and direction and the amount of traffic flow to and from the shopping center.
(Ord. 11-07. Passed 7-18-07.)
1178.09 PERMIT PROCEDURE.
The procedure for filing of the application, detailed site plan, filing fees, notices, referral to the Planning Commission and review by Village Council shall be the same procedure as an amendment to the Zoning District parcel as set forth in Chapter 1139 of this Zoning Code. All applicants shall use the form provided by the Village to request a conditional use permit. A Conditional Use Permit is restricted to the use granted and shall not be changed without approval of Village Council.
(Ord. 11-07. Passed 7-18-07.)
1179.01 GENERAL REGULATIONS.
It is the purpose of these regulations to promote the public health, safety and welfare and to establish regulations affecting uses and practices which, were they to be established and maintained without any guidance or restriction or control, tend to result in dangerous situations threatening to safety of citizens, to contribute to circumstances undermining the morals of the youth of the community, or to generate conflicts in uses or practices upsetting the harmony of the community and impinging upon the property rights of others.
(Ord. 11-07. Passed 7-18-07.)
1179.02 REGULATION OF ADULT ENTERTAINMENT BUSINESSES.
The following regulations shall apply to adult entertainment business as herein defined.
(Ord. 11-07. Passed 7-18-07.)
1179.03 PURPOSE.
The purpose of Sections 1179.03 to 1179.16 inclusive of this chapter is to promote the public health, safety and welfare through the regulation of adult entertainment businesses. It is the intent of these sections to regulate entertainment businesses, as defined herein, in such a manner as to prevent the erosion of the character of the surrounding neighborhoods and to prohibit the establishment of such businesses within close proximity to existing adult entertainment businesses, residentially zoned areas, schools, churches, parks and playgrounds within the Village.
(Ord. 11-07. Passed 7-18-07.)
1179.04 DEFINITIONS.
The following definitions shall apply in the interpretation of this chapter:
(a) Adult amusement or entertainment: See "Adult-only entertainment establishment."
(b) Adult entertainment business means an adult book store, adult motion picture theater, adult drive-in motion picture theater, or an adult-only entertainment establishment as further defined in this section.
(c) Adult book store means an establishment which utilizes twenty-five percent (25%) or more of its retail selling area for the purpose of retail sale, or rental of books, magazines, other periodicals, films, tapes, video or audio cassettes, compact discs, digital video discs (DVDs) and similar media which are distinguished by their emphasis on adult materials as defined in this section; or, uses said space for the purpose of display of adult materials by electronically, electrically or mechanically- controlled still or motion picture machines, projectors or other image producing devices, which may be rented by coin, token, slug or other rental means.
(d) Adult motion picture theater means an enclosed motion picture theater which is regularly used or utilized fifteen percent (15%) or more of its total viewing time for presenting material distinguished or characterized by an emphasis on matter depicting, describing or related to adult material as defined in this section.
(e) Adult motion picture drive-in theater means an open air drive-in theater which is regularly used or utilized fifteen percent (15%) or more of its total viewing time, for presenting material distinguished or characterized by an emphasis on matter depicting, describing or related to adult material as defined in this section.
(f) Adult movie house: See "Adult motion picture theater."
(g) Adult-only entertainment establishment means an establishment, which excludes minors by virtue of age, where the patron directly or indirectly is charged a fee where the establishment features entertainment or services which constitute adult material as defined in this section, or which customarily features exhibitions, presentations, dance routines, or gyrational choreography of persons totally nude, topless, bottomless, or strippers, male or female, impersonators or similar entertainment or services which constitute adult material. This definition does not apply to the exhibition, presentation, showing or performance of any play, ballet, drama, tableau or production in any theater, concert hall, museum of fine arts, school, institution of higher learning or similar establishment which is primarily devoted to such exhibitions, presentations, shows or performance as a form of expression of opinion, communication, speech, ideas, information, art or drama as differentiated from commercial or business advertising, promotion, selling or servicing products or services or otherwise advancing the economic welfare of a commercial or business enterprise such as a hotel, motel, bar, nightclub, restaurant, tavern or dance hall.
(h) Adult material means any book, magazine, newspaper, pamphlet, poster, print, picture, slide, transparency, video tape, figure, image, description, motion picture film, phonographic record or tape, compact disc, digital video disc (DVDs and similar media, other tangible thing, or any service, capable of arousing interest through sight, sound or touch, and
(1) Which material is distinguished or characterized by an emphasis on matter displaying, describing, or representing sexual activity, masturbation, sexual excitement, nudity, bestiality, or human bodily functions of elimination, or
(2) Which service is distinguished or characterized by an emphasis on sexual activity, masturbation, sexual excitement, nudity, bestiality or human bodily functions of elimination.
(3) Which is prohibited from minors by virtue of age, whether in purchase, rental, display, or other means of contact with adult material.
(i) Adult-Oriented Uses: Businesses which include adult amusement and entertainment, adult bookstores, adult movie houses and adult video stores as defined herein. Additionally, these businesses exclude minors by virtue of age.
(j) Adult Video Store: An establishment which has a substantial portion of its stock in movies, for sale or for rent, from which minors are excluded by virtue of age.
(k) Bottomless means less than full opaque covering of male or female genitals, pubic area or buttocks.
(l) Nude or nudity means the showing, representation or depiction of human male or female genitals, pubic area, or buttocks with less than full opaque covering of any portion thereof, or female breast(s) with less than a full, opaque covering of any portion thereof below the top of the nipple, or of covered male genitals in a discernibly turgid state.
(m) Topless means the showing of a female breast with less than a full opaque covering any portion thereof below the top of the nipple.
(n) Sexual activity means sexual conduct or sexual contact, or both.
(o) Sexual contact means touching of an erogenous zone of another, including without limitation, the thigh, genitals, buttock, pubic region, or, if the person is a female, a breast, for the purpose of sexually arousing or gratifying either person.
(p) Sexual excitement means the condition of the human male or female genitals when in a state of sexual stimulation or arousal.
(Ord. 11-07. Passed 7-18-07.)
1179.05 CONDITIONAL USE PERMIT REQUIRED.
No building shall be erected, constructed, or developed, and no building or premises shall be reconstructed, remodeled, arranged for use or used for any adult entertainment business unless authorized by the issuance of a conditional use permit in accordance with the provisions of Chapter 1141 of the Codified Ordinances. In addition to said provisions, an adult entertainment business shall comply with the following conditional use criteria:
(a) Adult entertainment businesses shall comply with the district regulations applicable to all properties in any district in which they are located.
(b) No adult entertainment business shall be permitted in a location which is within 1,500 feet of another adult entertainment business.
(c) No adult entertainment business shall be permitted in a location which is within 1,000 feet of any church, any public or private school, any park, any playground, or any social services facility or neighborhood center.
(d) No adult entertainment business shall be permitted in a location which is within 500 feet of any residence or boundary of any residential district.
(e) No adult entertainment business shall be permitted in a location which is within 200 feet of any boundary of any residential district in a local unit of government abutting the Village.
(Ord. 11-07. Passed 7-18-07.)
1179.06 ZONING OF ADULT ENTERTAINMENT BUSINESS.
Adult entertainment businesses shall be conditionally permitted in the General Industrial District (M-2). (Ord. 11-07. Passed 7-18-07.)
1179.07 VIEW OF INTERIOR.
All building openings, entries, windows, etc. for these facilities or uses shall be located, covered or serviced in such a manner as to prevent a view into the interior from any public or semi-public area, sidewalk or street. For new construction, the building shall be oriented so as to minimize any possibility of viewing the interior from public or semi-public areas.
(Ord. 11-07. Passed 7-18-07.)
1179.08 EQUIPMENT USE.
No screens, loudspeakers or sound equipment shall be used for any adult motion picture theaters (enclosed or drive-in) that can be seen or discerned by persons from public or semi-public areas. (Ord. 11-07. Passed 7-18-07.)
1179.09 PARKING FACILITIES.
Off-street parking shall be provided as required in accordance with Chapter 1183 for similar uses as well as all other standards for other permitted uses within this zoning district as applicable. (Ord. 11-07. Passed 7-18-07.)
1179.10 REQUIRED LOT AREA.
The lot area shall be not less than two acres and the lot width shall be at least 200 feet.
(Ord. 11-07. Passed 7-18-07.)
1179.11 BUILDING HEIGHT LIMIT.
No building or structure shall be erected to a height in excess of thirty-five feet.
(Ord. 11-07. Passed 7-18-07.)
1179.12 YARDS REQUIRED.
The following yard requirements shall apply:
(a) Front Yard. Setback of 100 feet from the road right-of-way line. A fifteen foot deep obstructed open buffer strip shall be provided next to the right-of-way and parking in this strip shall be prohibited.
(d) Accessways. Each lot shall have not more than two accessways to any street or highway with a forty-five feet separation between centerlines. The width of the accessway leading to or from a highway shall be not less than twenty feet nor shall it exceed thirty-six feet.
(Ord. 11-07. Passed 7-18-07.)
1179.13 PERCENTAGE OF LOT COVERAGE.
All buildings, including accessory buildings shall not cover more than thirty percent (30%) of the area of the lot. (Ord. 11-07. Passed 7-18-07.)
1179.14 PERMITTED SIGNS.
1179.15 CERTIFICATE OF COMPLIANCE.
(Ord. 11-07. Passed 7-18-07.)
1179.16 SCREENING REQUIREMENTS.
(a) Screening shall be provided and shall consist of one of the following, or a combination of two or more, as determined by the Zoning Board of Appeals:
(1) A solid masonry wall;
(2) A solidly constructed decorative fence;
(3) Dense vegetative plantings;
(4) A louvered fence;
(5) A landscaped mounding.
(b) Height of screening shall be in accordance with the following: Visual screening walls, fences, plantings or mounds shall be a minimum of five and one-half feet high in order to accomplish the desired screening effect. Plantings shall be a minimum of four feet in height at the time of planting.
(c) Whenever required screening is adjacent to parking areas or driveways, such screening shall be protected by bumper blocks, posts or curbing to avoid damage by vehicles.
(d) All screening shall be trimmed and maintained in good condition, and free of advertising or other signs, except for directional signs and other signs for the official flow of vehicles. (Ord. 11-07. Passed 7-18-07.)
1179.17 SCOPE.
All other provisions of Part Eleven entitled "Planning and Zoning Code" of the Codified Ordinances of Walbridge shall be in full force and effect as applicable to this conditional use.
(Ord. 11-07. Passed 7-18-07.)