Warren City Zoning Code

TITLE SEVEN

Zoning Districts and Regulations

APPENDIX ZONING MAP CHANGES

Ord. No.	Date	Description
6206	3-2-64	Lot 4 of Perkinswood Business Plat No. 1 from RA to CB District.
6208/6	3-16-64	Property annexed by Ord. 6177/63, passed 12-16-63, designated RA District.
6209/64	3-16-64	Property annexed by Ord. 6189/64, passed 1-6-64, designated RA District.
6250/64	6-1-64	Parts of Lots 10 and 11 east of Laird Ave. S. E., at Youngstown Rd. from RA to CB District.
6252/64	6-15-64	Lot 18 and part of Lot 19, Evergreen Park Allotment, from RB to RC District.
6253/64	6-15-64	Lots 20 and 21 and parts of Lots 19 and 22, Evergreen Park Allotment, from RB to RC District.
6254/64	6-15-64	Parts of Lots 103 and 104, Perkinswood Plat, from RA to RB District.
6255/64	6-15-64	Property annexed by Ord. 6229/64, passed 4-27-64, designated RA District.
6291/64	9-21-64	Parts of Lots 12 and 13, at intersection of Atlantic and Adams Sts. N.W., from RB to CA District.
6292/64	9-21-64	Part of Lot 13, Atlantic St. N.W., from RB to CA District.
6293/64	9-21-64	Parts of Lots 3 and 4, Van Gorder Addition, from CA to CB District.
6294/64	9-21-64	Lot 4 of a 10-lot plat at NW corner of intersection of Palmyra Rd. S. W. and Austin Ave. S.W. from RA to CA District.
6315/64	11-2-64	Part of Lot 99 and all of Lot 100, Perkinswood Plat, from RA to RB District.
6322/64	11-16-64	Outlot 62, Westgard's Addition (1181 Robert Ave, N.W.), from RA to RB District.
6374/65	3-15-65	Outlot 60, 1195 Tod Ave. N.W., from RA to RB District.
6375/65	3-15-65	Lot 1130, 1130 Tod Ave. S.W., from RA to CB District.
6376/65	3-15-65	Lot 1131, 820 Palmyra Rd. and 720 Tod Ave. S.W. from RA to CB District.
6387/65	4-5-65	Property described by Ord. 6370/65 zoned as RA District.
6473/65	9-7-65	Part of Sections 21 and 28 of original Warren Township Survey from RB to CB District.
6526/65	12-6-65	Property annexed by Ord. 6476/65, passed 9-20-65, designated RA and RB District.
6530/65	12-13-65	All of Lots 5 through 8 in R. S. Winnagle's First Addition from RA to CB District.
6595/66	6-6-66	City Lots 1105, 1106 and 1107 from RA to CB District.
6623/66	7-18-66	Property annexed by Ord. 6598/66 zoned CB District.
6737/67	2-20-67	Lots 37 and 39, Lakeside Drive, S. E., from Residential A to Residential B.
6742/67	3-6-67	Part of Section 14 of the original survey of Warren Township from Residential A to Residential B.
6754/67	4-3-67	Lots 14 through 22 and part of Lot 23 of the Evergreen Park Allotment from Residential C to Commercial A.
6870/68	2-5-68	Part of Section 31 of the original survey of Howland Township from Residential A to Commercial B.
6891/68	4-1-68	An area bounded on the north by Roman St. S.E., on the south by Van Wye St. S.E., on the east by Niles Rd., S.E. and on the west by Thomas Rd., S.E., from Manufacturing A to Residential A.
6988/69	1-20-69	Land near Sublot 88 in Red Fox Hollow Plat No. 2 and land near SW corner of Sublot 156 in Jamestown Village Plat No. 2 from Residential A to Residential B.
7060/69	9-2-69	15.473 acres being part of Lot 33 in the original survey of Warren Township from Residential A to Commercial A.
7065/69	9-15-69	12.24 acres being part of Section 11 of the original survey of Warren Township zoned Commercial B.
7071/69	10-6-69	Lot 6 in the Gore Plat No. 1 fronting on York Avenue from Residential A to Residential B.
7125/70	3-9-70	Part of Sections 6 and 13 of the original survey of Warren Township containing 32.11 acres, zoned Commercial B.
7211	9-21-70	Part of Section 22 of the original survey of Howland Township containing 1.214 acres from Residential A and Residential B to Residential C.
7216/70	10-5-70	151.934 acres in District 16: Parcels I to IV, fronting on Heaton- North Road zoned Residential A; balance of property zoned Residential B.
Ord. No.	Date	Description
7236/70	12-7-70	Lot 73 in Woodlawn Addition at approx. 1030 Woodbine, S.E. from Residential A to Commercial B.
7283/71	4-19-71	Lot 35 and part of Lot 4 on Youngstown Road, S.E. in Western Reserve Garden Acreage from Residential A to Commercial B.
7307/71	7-6-71	Part of Section 33 of the original Warren Township, newly annexed, zoned Residential B.
7308/71	7-6-71	2.392 acres being part of Section 33 of the original survey of Warren Township zoned Commercial B.
7321/71	7-19-71	Lots 1010, 8, 7 and 6 on Mahoning Ave. N. W. from Residential B to Commercial B.
7334/71	9-20-71	Approx. 12 acres in the vicinity of Tod Ave, York and Palmyra Road from Residential A to Residential B.
7340/71	10-4-71	Lot 12 of S. F. Dickey's Addition from Residential C to Residential A.
7341/71	10-4-71	9 acres at approx. 1520 Orleans Ave. from Residential A to Residential B.
7347/71	11-15-71	Part of Lot 33 in Palmyra Road area from Residential A to Residential B.
7363/71	12-6-71	Certain areas in NW section of City from Residential B and Commercial B to Residential A and Commercial B.
7369/71	12-6-71	Lots 300 and 301 at 1040 Perkinswood Blvd., S.E. from Residential A to Residential B.
7377/71	12-20-71	Part of Section 25 of the original survey of Howland Township, containing 36.84 acres, zoned Residential A; including 5.57 acres zoned Residential C; 6.4804 acres zoned Commercial B; 4.83 acres zoned Residential B; 7.658 acres zoned Commercial A.
7378/71	12-20-71	Lots 3 through 11 on Elm Road between Atlantic St. and Edgewood St. N.E. from Residential A to Commercial A.
7396/72	2-7-72	40.2 acres on North River Road from Residential B to Residential A.
7436/72	4-17-72	Property at 1958 Palmyra Road, S.W. from Residential A to Commercial A.
7486/72	7-17-72	Part of Section 18 of the original survey of Warren Township, containing 35 acres, zoned Residential B.
7488/72	7-17-72	520 acres at intersection of Risher Road (C.H. 108) and City corporation line zoned Residential A; including specific parcels zoned variously as Commercial B, Manufacturing A, Residential B and Commercial A.
7503/72	9-5-72	Property on Youngstown Road, S.E. from Pennsylvania RR tracks to Frances Ave., S.E. from Commercial B to Commercial A.
7524/72	10-23-72	Part of Sections 23, 24 and 30 of the original survey of Warren Township, containing 151.73 acres zoned as Planned Unit District.
7536/72	11-20-72	Property at approx. 255 - 266 Monroe St., N.W. from Residential B to Residential C.
7564/72	1-2-73	6.33 acres at approx. 2080 Risher Road from Residential A to Commercial A.
7599/73	3-19-73	Property at approx. 2421 Risher Road from Residential A to Residential B.
7606/73	4-2-73	.402 acre at approx. 1506 Youngstown Road, S.E. from Commercial A to Commercial B.
7664/73	7-16-73	2.502 acres at Main and South Streets, S.W. from Commercial B to Senior Citizens Multi-Family District.
7665/73	7-16-73	141.239 acres, part of Sections 23, 24 and 30 of the original survey of Warren Township from Residential A to Planned Unit District.
7772/74	1-21-74	Part of Section 34 at 1340 Palmyra Road, S.W. from Residential A to Commercial A.
7788/74	2-18-74	Property at 144 Scott Street from Residential B to Commercial B.
7799/74	3-11-74	5.0 acres of Lot 10 of the original survey of Warren Township zoned Commercial A.
8054/74	6-10-74	140 acres, part of Sections 39, 40 and 41 of the original survey of Howland Township zoned Commercial B.
8057/74	6-17-74	53 acres, part of Section 9 of the original survey of Howland Township zoned Commercial B.
8072/74	7-22-74	102 acres on North River Road, parts of Lots 7, 13 and 14 of the original survey of Warren Township zoned MB District.
8073/74	7-22-74	Both sides of Logan Ave., S.E. from Youngstown Road, S.E. north to East Market St. from Commercial B to Commercial A.
8078/74	7-22-74	135.34 acres, part of Sections 33, 34 and 37 of the original survey of Howland Township zoned Commercial B.
8288/76	2-23-76	Lots 386-388 of the Elmwood Allotment facing on Larchmont Ave., N.E. from Residential A to Commercial A.
8323/76	5-10-76	14.153 acres on Tod Ave., S.W. from Residential B to Residential A.
8339/76	6-14-76	Property at 333 Harmon St., N.W. from Residential B to Commercial A.
8381/76	11-8-76	Lots 18 and 19 in Dickey's First Addition on Tod Ave. N.W. containing 2 acres, from Residential A to Residential C.
8385/76	11-8-76	3.63 acres on Lovers Lane, N.W. from Commercial B to Residential A.
8490/77	7-25-77	Property in Liberty Steel area providing for industrial park zoned Manufacturing A.
8508/77	10-11-77	Parts of Sections 23 and 30 of the original survey of Warren Township zoned Planned Unit District.
8768/79	5-21-79	Lots 100, 101 and 102 at 1231, 1247 and 1261 Tod Place respectively, from Residential A to Residential C.
Ord. No.	Date	Description
8883/80	2-27-80	2.01 acres of Lot 6, Garghill Little Farms from Residential A to Residential B.
8890/80	3-26-80	Property on north side of Parkman Road, N.W. west of Mahoning River, formerly Dick's Tree Farm, from RA District to CB District.
8934/80	7-9-80	Sublots 7 and 8 in Stephens - Thomas Plat 1 at intersection of Parkman Road, N. W. and Northwest Blvd., N.W. (west side of Parkman) from RB District to CA District.
8955/80	9-24-80	25.49 acres, parts Sections 13, 18 and 19 of the original survey of Warren Township, bounded approx. by Reeves Road, Warren Outerbelt, J & B Enterprises and Heaton-North Road from RA District to RB District.
9232/82	9-8-82	Lots 221 and 264 and west half of Lots 220 and 265 on north side of Schenley Ave. and south of Winber Ave. from RA District to RC District.
9348/83	7/27-83	Property at 1200 North Rd., north of intersection of Atlantic St., N E., from Residential A to Residential B.
9362/83	9-28-83	Lot 85 at NE corner of E Market St. and Kenmore from Residential A to Residential B.
9412/84	1-11-84	Property at 1434 Central Parkway, S.E., from Residential A to Residential C.
9559/85	5-8-85	Property at 147, 157 and 169 Kenmore N.E.; 2155 E. Market St.; and Lots 4 and 5 on Belvedere N.E., from Residential A to Residential B.
9565/85	5-22-85	Property between Schenley Ave. and Wimber Ave., from Zone "RC" to Zone "CB".
9721/86	10-22-86	Property at 243 Charles Ave., S.E. to Residential B to establish apartments.
9731/86	11-12-86	Property at 2038-2044 Youngstown Rd., S.E. from Residential A to Commercial B for parking purposes.
9759/87	2-25-87	Property at 4395 Youngstown Rd., S.E. from Residential B to Residential C.
9760/87	2-25-87	Property at 459 Summit St., N.W. from Residential A to Commercial B, for business expansion purposes.
9827/88	10-28-87	Property on the north and south side of Porter St. N.E. between N. Park Ave. and Elm Rd. N. E. zoned Residential C for professional offices.
9930/88	7-13-88	Property at 1676 North Rd., S.E. from Residential A to Residential C to expand offices of Spence Management Services Inc.
9942/88	9-14-88	Property at 1642 North Rd., S.E. from RA Residential to RC Residential for development of professional offices.
9974/89	1-11-89	Property at 1337 Hazelwood S.E. from Residential A to Commercial A, for business expansion at 2208 Youngstown Rd.
9995/89	4-26-89	Property on the east side of Elm Rd. opposite and between the intersections of Wilson and Overland, in the 2400-2500 block of Elm Rd. to CB District.
10004/89	5-24-89	Establishes 14.159 acres bounded in part by Dietz Rd. (the Van Huffel Tube Corp. property) as a Manufacturing B District.
10099/90	3-14-90	Property at 1538 North Rd. S.E. from Residential A to Residential C.
10111/90	4-25-90	Property at 1104 West Market from Residential B to Commercial A.
10151/90	7-11-90	Rezones 79.66 acres south of the Warren Outer Belt and Parkman Rd. N.W. intersection to Manufacturing A.
10167/90	9-26-90	Property at 1545 North Rd. S.E. from Residential A to Residential C.
10178/90	11-14-90	Property on north and south sides of E. Market St. from railroad tracks next to Berk Paper and Supply Warehouse to Laird Avenue from Commercial B to Commercial A.
10442/92	10-28-92	Property in Park Avenue Allotment and Park Hedge Allotment rezoned to Manufacturing A.
10458/92	11-24-92	Property on the south side of Summit St. N.W. (Lot 10, Lambert Camp Addition) from Residential A to Manufacturing A.
10583/93	10-27-93	Property to the south of Youngstown Rd. between Ridge Ave. and Central Parkway from Residential A to Senior Citizens Multi-Family District.
10751/95	1-25-95	1780, 1792 and 1804 Elm Rd. N.E. (Lots 3-5, Dontas Plat) from Residential A to Commercial A.
10867/96	1-10-96	Austin Village Plaza on W. Market St. from Commercial B to Manufacturing A District.
11068/97	8-6-97	Property SW of Christ Our King Church, 1150 Tod Ave., S.W. to construct 64 units of elderly housing, from Residential A to Residential B.
11121/97	12-10-97	117 acres annexed to the City from Howland Twp. located on E. Market St. zoned CB (Commercial B) District.
11132/97	12-10-97	Property at 255 Chestnut St., S.E. from Commercial B to Manufacturing A District.
11201/98	7-22-98	Property at 2840 Youngstown Rd. S.E. (Lots 54, 55 and 218-220, Boulevard Extension Plat) from Residential A to Commercial B District.
11204/98	7-22-98	Properties at 2477, 2485 and 2495 Colonial St., S.E. from Residential A to Commercial A District.
11224/98	10-14-98	Rezoning Lot Numbers 158 and 159 of the Mahoning Crest Plat from Residential “A” to Commercial “B” for construction of a pharmacy.
11232/98	10-28-98	Lot Numbers 6 and 7 of the Roseway Plat No. 1 from Residential “A” to Commercial “B” for establishment of additional parking.
11303/99	6-9-99	2.33 acres annexed from Howland Twp. zoned CB Commercial B District.
Ord. No.	Date	Description
11333/99	10-13-99	Several lots in former Country Club View Plat from Residential A to Residential D District for construction of 84 condominium units.
11334/99	10-13-99	Lots 38, 40, 57 and 59 (5.625 acres) in Country Club View Plat from Residential A to Residential E District for construction of 48 condominiums.
11335/99	10-13-99	Former Lot 3 and parts of former Lots 15, 16 and 35 of Country Club View Plat from Residential A to Senior Citizens Multi-Family District.
11367/99	12-22-99	Property at 931 Buckeye St., N.W. from “RB” Residential to “RC” Residential District.
11531/02	1-9-02	134, 144 and 152 Charles St., N.E. and 137 Iddings N.E. from Residential A to Commercial B for business expansion at 1133 E. Market St.
11546/02	3-13-02	1400 Tod Ave. N.W. from Residential A to Commercial A District to establish commercial tenants.
11550/02	3-27-02	924 and 932 Columbia Place, S.E. (Lots 17 and 18) from Residential A to Commercial B District, for construction of warehouse.
11686/03	8-20-03	Last 120 ft. on N side of Market St. (old Rt. 82) and abutting the boundary of Howland Twp. for a depth of 450 ft. from Residential A to Commercial B for restaurant and liquor establishment.
11862/05	5-11-05	470 Belmont St. N.W. from Residential “B” to Commercial “A” District.
11863/05	5-11-05	3900 E. Market St. from Residential “A” to Commercial “B” District.
11872/05	6-8-05	307 Homewood Ave. S.E. from Commercial “A” to Residential “A” District.
11900/05	9-28-05	Lot 2, Country Club Acres Plat from Residential “A” to Residential “D” District.
11928/05	12-28-05	15.7880 acres on N side of E. Market St. (old Rt. 82), abutting Howland Twp. (E) and Up a Creek Restaurant (W) from Residential “A” to Commercial “B” District.
11959/06	5-1-06	8.9086 acres on SW corner of Palmura Rd. S.W. and Orleans Ave. S.W. intersection from Residential “A” to Residential “B” District to construct multi-family senior cottage style apartments.
12095/08	3-12-08	16.47 acres located on the south side of West Market St. from Commercial “B” to Manufacturing “A”.
12311/10	12-22-10	Real property known as Lot No. 17 in the Gibson Realty Development Plat No. 2 (i.e. Parcel No. 38-007550) at 1569 Woodland Street, N.E., from Residential “A” to Commercial “A”.
12378/11	12-14-11	The real properties known as Lot No. 24, Parcel No. 39-066866 and Lot No. 107, Parcel No. 39-066867 at 2186 Parkman Road, N.W., rezoned to “Commercial B”.
12403/12	3-28-12	Real property located at 1346 Larchmont Avenue, N.E. (i.e. Sublot No. 332, Parcel No. 38-048000 of the Elmwood Allotment) rezoned to “Commercial B”.
12713/17	4-12-17	Real property located at 2100 Griswold Extension, N.E., Parcel No. 44-694680, rezoned to “Manufacturing B”.
13050/2021	9-8-21	Real properties located at 1438 Buena Vista N.E., known as Parcel ID No. 38-319361, 713 Glenwood N.E., known as Parcel ID No. 38-319450, and 723 Glenwood N.E., known as Parcel ID No. 38-619950, collectively referred to as Lot 27A.
13051/2021	9-8-21	Real properties located at 3919 E. Market St., known as Parcel ID No. 44-205513, 3921 E. Market St., known as Parcel ID No. 44-205514, and 4013 E. Market St., known as Parcel ID No. 44-205515.

CODIFIED ORDINANCES OF WARREN

1139.01 RESIDENTIAL A USES GENERALLY.

(a) Primary Use. Residential A Uses shall permit single-family dwellings as their primary use. In addition to single-family dwellings, two-family dwellings as defined in Section 1131.06 shall be permitted as hereinafter provided.

(b) Maintaining Integrity of the Neighborhood. In the event that a new residential structure is constructed in, or moved into, a Residential A area, the new structure shall conform in style and appearance with the overall architectural style and appearance of the neighborhood. All new residential structures shall have a minimum width and depth of twenty-four feet, and, in addition, shall have a full height basement as prescribed in the CABO Code. The basement shall have a minimum area of 750 square feet. The Building Official, however, may, upon written application, waive the aforementioned requirement of a basement so long as such waiver is consistent with the overall architectural nature of the neighborhood. Any denial of such a variance by the Building Official may be reviewed in accordance with the applicable provisions of the Building Code of the City.

All new structures shall have a brick or concrete block skirting from the bottom of the floor or siding to the ground, installed to proper frost depth.

(Ord. 11134/97. Passed 12-10-97.)

1139.02 RESIDENTIAL A USES; TWO-FAMILY DWELLINGS.

(a) Two-family dwellings shall be permitted only upon application to the Planning Commission, upon a positive finding of fact by the Planning Commission that the allowance of the application will not materially alter the character of the neighborhood unit concerned, and upon approval by resolution adopted by a majority vote of the total membership of Council.

(b) The Planning Commission shall make a finding as required by this section only after a public hearing, notice of which shall be given by publication in a newspaper of general circulation not less than ten days before the date of such hearing. In addition, notice shall be given by certified mail to the owners of all property contiguous to and directly across the street from the property involved as shown on the then current tax duplicate.

(Ord. 7518/72. Passed 10-2-72.)

1139.03 RESIDENTIAL B USES.

(a) Primary Use. Residential B uses shall permit multiple dwellings of three or less stories in height as their primary use.

(b) Secondary Uses. In addition to multiple dwellings of three or less stories in height, the following uses shall be permitted as secondary Residential B uses:

(1) Any secondary uses permitted in Residential B areas pursuant to Section 1139.05 .

(2) Medical and dental offices and group medical centers, so long as the same are limited to the ground floor. Notwithstanding the preceding sentence, however, no limitation to just the ground floor for medical and dental offices and group medical centers shall be applicable to any property zoned Residential B and upon which a hospital is located.

(c) Maintaining Integrity of the Neighborhood. In the event a residential structure in a Residential B area is altered or remodeled for the purpose of housing medical offices, dental offices or group medical centers, the residential style and appearance of the structure shall be preserved. In the event a residential structure in a Residential B area is demolished or otherwise removed in order to make way for a structure which will house medical offices, dental offices or group medical centers, such new structure shall conform in style and appearance with the overall architectural style and appearance of the neighborhood.

(Ord. 10045/89. Passed 11-8-89.)

1139.04 RESIDENTIAL C USES.

Residential C uses shall permit high-rise multiple dwellings of six or less stories in height as their primary use. In addition to the high-rise multiple dwellings or six or less stories in height, certain accessory uses shall be permitted as provided for elsewhere in this chapter.

In the event a residential structure in a Residential C area is altered or remodeled for the purpose of housing medical offices, dental offices, group medical centers or other professional offices, the residential style and appearance of the structure shall be preserved. In the event a residential structure in a Residential C area is demolished or otherwise removed in order to make way for a structure which will house medical offices, conform in style and appearance with the overall architectural style and appearance of the neighborhood.

(Ord. 10045/89. Passed 11-8-89.)

1139.041 RESIDENTIAL D USES.

Residential D uses shall permit single family detached condominiums of two and one-half or less stories in height as their primary use.

(Ord. 11309/99. Passed 7-14-99.)

1139.042 RESIDENTIAL E USES.

Residential E uses shall permit attached multi-family condominiums of two and one-half or less stories in height as their primary use.

(Ord. 11309/99. Passed 7-14-99.)

1139.05 SECONDARY RESIDENTIAL USES.

Secondary uses shall be permitted in Residence Districts as provided in the following chart:

Residential A	Residential B
Churches	All uses permitted in Residential A Districts
Colleges and universities	Clubs
Country clubs	Hospitals
Golf courses (excluding driving	Sanitariums
ranges and miniature	Institutions for children and the aged
golf courses)	Philanthropic institutions
Museums and art galleries	Home occupations
Libraries
Parks and playgrounds
Municipal buildings

Residential C
All Residential B uses
Professional Offices

Residential D
None

Residential E
None

(Ord. 11309/99. Passed 7-14-99.)

1139.06 SETBACK AND BULK REGULATIONS.

All construction in Residential Districts shall conform to the following setback and bulk regulations:

(a) Setback Line. No part of the ground area of any building or structure or any portion thereof, except steps, uncovered and open or enclosed porches less than ten feet in width, shall be erected, constructed or reconstructed or altered within thirty feet of the street line of any road or street right of way. However, in an area where there now exists a building line, the property owner shall conform to the existing building line. The building line shall conform with the average setback line of the existing buildings on the road, street or avenue.

Further setback lines must conform with any State highway specifications.

(Ord. 9368/83. Passed 9-28-83.)

(b) Bulk Requirement.

(1)	Residential A
	Height limitation - 2 ½ stories or 35 feet.
	Minimum rear yard depth - 40 feet.
	Minimum lot area per family:
		Single-family - 7,000 square feet per family
		Two-family - 4,000 square feet per family
	Minimum lot width - 60 feet.
	Minimum side yard - 6 feet.
(2)	Residential B
	Height limitation - 3 stories or 45 feet.
	Minimum rear yard depth - 40 feet.
	Minimum lot area per family:
		1 story - 4,800 square feet
		2 stories - 2,900 square feet
		3 stories - 1,900 square feet.
	Minimum lot width - 60 feet.
	Minimum side yard - 10 feet.
(3)	Residential C
	Height limitation - 6 stories or 75 feet.
	Minimum rear yard depth - 40 feet.
	Minimum lot area per family:
		1 story - 2,400 square feet.
		2 stories - 1,465 square feet.
		3 stories - 985 square feet.
		4 stories - 745 square feet.
		5 stories - 625 square feet.
		6 stories - 570 square feet.
	Minimum lot width - 60 feet.
	Minimum side yard - 10 feet plus one foot additional for each three feet
		or fraction thereof of building height in excess of 45 feet.
	(Ord. 7518/72. Passed 10-2-72.)
(4)	Residential D
	Height limitation - 2 ½ stories or 35 feet.
	Setback line and minimum rear yard depth. Flexible placement of the condominiums shall be allowed to better allow utilization of land, however, equivalent open space shall be provided by the developer to equal what would be required in a “Residential A” zone.
	Minimum lot area per family:
		1 story - 4,800 square feet.
		2 or 2 ½ stories - 2,900 square feet.
	Minimum side yard:
		Single family detached condominiums - 12 feet between buildings.

In addition, the following terms and conditions shall apply:

(a) Except as otherwise provided for within this chapter, all structures shall be in compliance with the height restrictions and parking requirements applicable to those lots and premises within the City zoned “Residential A”.

(b) At no time shall anyone, except the developer, simultaneously own, directly or indirectly, as an individual, partnership, association, syndicate, company, firm, trust, corporation or entity of any kind, more than three condominium units in any condominium development. The developer shall make a “good faith” effort to sell condominium units so that it will, eventually, own, simultaneously, no more than three condominium units in its condominium development.

(d) At all times, at least one occupant of each condominium unit shall be an owner of that unit. Should the owner of such a condominium unit be an entity instead of an individual person, however, at all times, at least one occupant of such unit shall be an employee, agent, officer, servant, representative, contractor or consultant of the owner of that unit.

(e) Each condominium unit shall be a minimum of 1,200 square feet.

(f) At no time shall any condominium unit be used otherwise than for single family residential purposes.

(g) Except as otherwise expressly provided within these Codified Ordinances, the condominium units shall be in strict accord with the request and plans submitted to the City by the owner(s) of same.

(5)	Residential E.
	Height limitation - 2 ½ stories or 35 feet.
	Setback line and minimum rear yard depth. Flexible placement of the condominiums shall be allowed to better allow utilization of land, however, equivalent open space shall be provided by the developer to equal what would be required in a “Residential A” zone.
	Minimum lot area per family:
		1 story - 4,800 square feet.
		2 or 2 ½ stories - 2,900 square feet.
	Minimum side yard:
		Multi-family attached condominiums - 20 feet between buildings.

In addition, the following terms and conditions shall apply:

(d) At all times, at least one occupant of each condominium unit shall be an owner of that unit. Should the owner of such a condominium unit be an entity instead of an individual person, however, at all times at least one occupant of such unit shall be an employee, agent, officer, servant, representative, contractor or consultant of the owner of that unit.

(e) At no time shall any condominium unit be used otherwise than for single family residential purposes.

(f) Except as otherwise expressly provided within these Codified Ordinances, the condominium units shall be in strict accord with the request and plans submitted to the City by the owner(s) of same.

(g) Each condominium unit shall be of a minimum of 900 square feet.

(Ord. 11309/99. Passed 7-14-99.)

(c) Accessory Buildings or Garages. A private garage or other building accessory to the main building may be erected only in a rear yard, unless such garage or accessory building is located in or attached to the main building. Where a garage or accessory building is attached to the main building, the side yard requirements for such garage or accessory building shall be the same as the side yard requirements for the main building as set forth above. If such garage or accessory building is a separate detached building located in the rear yard, such building may be located not nearer than ten feet to any main building, may not occupy more than thirty percent of the rear yard area, may not exceed fifteen feet in height and must be set back from every property line at least two feet. In the case of a corner lot, no wall of the accessory building shall be nearer to the side street line than the side line of the main building and it shall also be as far from the side street line as the setback line established by this Zoning Ordinance for a building fronting the side street line on the adjoining lot, or as near thereto as the width of the lot will permit.

(Ord. 6939/68. Passed 7-15-68.)

1139.07 SIGNS.

Signs pertaining to the lease, sale or use of a lot or building may be placed thereon, provided the total area does not exceed eight square feet, and provided further that on a lot occupied by a dwelling the total area of signs placed on the lot or dwelling and pertaining to the use thereof and/or bearing the name and occupation of an occupant shall not exceed one square foot for each family housed. A sign or bulletin board not exceeding twelve square feet in area may be erected upon the premises of a church or other institution for the purpose of displaying the name and activities or services provided therein.

(Ord. 6972/68. Passed 11-18-68.)

1141.01 PERMITTED USES; AREA REQUIREMENTS.

The following uses and no other, shall be deemed Class "Residential Apartment" and

permitted in only "Residential Apartment".

(a) Any use permitted in an "RA" District shall be permitted in a Residential Apartment District.

(b) Apartment houses and/or multiple dwellings of all types.

(1) Rear yard. There shall be a minimum rear yard of not less than forty feet in depth on every lot. For every building more than twenty feet in height, the rear yard shall be increased in depth one foot for each one foot of height of the building over twenty feet from the established grade level.

(2) Side yard. There shall be a side yard on each side of every main building. The minimum width of each side yard shall be thirty feet. If any building exceeds twenty feet in height, the width of each side shall be increased by one foot for each one feet of height of the building over twenty feet from the established grade level.

(Ord. 8840/79. Passed 12-10-79.)

1141.02 OFF-STREET PARKING SPACES.

All structures, as described in Section 1141.01 shall provide off-street outside public right-of-way parking facilities on the lot allocated to that particular building based on the following schedule:

(a) One parking space for each single bedroom bachelor and efficiency living unit.

(b) One and one-half parking spaces for each living unit of over one bedroom in size.

In addition thereto, in all districts, shall be provided parking space for each employee of the business or use.

In all districts, minimum requirements of off-street parking applicable to any use or building shall continue unchanged in operation, shall not be used for automobile service or repair, shall not be reduced below the required size, and shall conform to Chapter 1165 and the Codified Ordinance of the City.

(Ord. 8840/79. Passed 12-10-79.)

1141.03 ACCESSWAYS TO PARKING AREAS.

The location and width of entrance and exit driveways to parking areas shall be planned as to not interfere with the use of adjoining or nearby property and with pedestrian and vehicular traffic on the adjacent streets.

The owner or his representative must submit a plot plan to the Building Department which plot plan shall indicate the final location of each apartment building as surveyed. The plot plan shall be designed to clearly indicate the owner's compliance within.

(a) Height and bulk requirements set forth in Section 1141.01 above; and

(b) The minimum requirement of square footage per family unit.

In order to satisfy the minimum requirement of square footage per family, each apartment building must be constructed on a separate lot, whose dimensions satisfy the square footage minimum requirement and allowing for height and bulk requirements.

As a further condition of the issuance of a building permit for the land use of apartment buildings, the Building Inspector shall require the owner or his representative to file a proposed plot plan with the Building Inspector in accordance with the procedure established by law for the recording of plot plans.

The owner or his representative, as evidence of his good faith shall notify the Building Inspector when construction commences on each building after the issuance of a building permit.
(Ord. 8840/79. Passed 12-10-79.)

1141.04 OUTDOOR RESIDENTIAL SWIMMING POOLS.

The location and construction of pools in Residential Apartment Districts shall be governed by the same regulations set forth under Chapter 1327 of the Building Code.

Other buildings constructed in Residential Apartment Districts shall be subject to the rest of the provisions of the Zoning Ordinance, including minimum lot widths, composition of buildings, minimum floor space, minimum lot area per family, setback building lines, of the Zoning Ordinance.

(Ord. 8840/79. Passed 12-10-79.)

1141.05 MINIMUM LOT AREA PER FAMILY.

(a) The minimum lot area requirements for single and two-family dwellings shall be the same as in Residential A District.

(b) No apartment house shall be erected or building altered for that purpose on less than 7,500 square feet of lot area per family, with a minimum lot area of 22,500 square feet.
(Ord. 8840/79. Passed 12-10-79.)

1141.06 MINIMUM LOT WIDTH.

No dwelling shall be erected in a Residential Apartment District on a lot having frontage of less than eighty feet at the building line unless such lot was designated on a recorded plat or separately owned at the time this section took effect and cannot practicably be enlarged to comply with this requirement.

(Ord. 8840/79. Passed 12-10-79.)

1141.07 MINIMUM FLOOR SPACE.

(a) Each dwelling unit shall have first floor space of not less than 800 square feet per family in a single floor house, or a one and one-half story house; and first and second floor space of not less than 600 square feet on each floor in a two story house.

(b) The minimum living area per apartment in any of the districts where apartments are permitted shall be:

Efficiency	300 square feet
One bedroom	400 square feet
Two bedroom	500 square feet
Three bedroom	700 square feet
All others	800 square feet

(c) In determining the minimum floor space requirement set forth in subsections (a) and (b) hereof, the inside dimensions of the dwelling or apartment shall be used as a basis of such calculation, including all living areas such as living rooms, dining rooms, family rooms, bedrooms, kitchens, bathrooms, hallways and closets but excluding porches, basements, utility rooms, breezeways, general storage areas, exterior hallways, etc.

(Ord. 8840/79. Passed 12-10-79.)

1141.08 COMPOSITION OF BUILDINGS.

All structures in Residential Apartment, "RA", "RB" and "RC" Districts, except dwellings shall be constructed in accordance with the Ohio Basic Building Code and/or the City Building Code requirements for the structure, and evidence of County approval of plans must be submitted with the request for a building permit, in the case of land that has been annexed.

A building or structure moved upon a parcel of land in the City shall be considered the same as a building or structure originally constructed thereon, and shall meet all the requirements in this chapter before such building or structure is occupied or used.

(Ord. 8840/79. Passed 12-10-79.)

1141.09 SETBACK BUILDING LINES.

(a) No part of the ground area of any building or structure or any portion thereof, except steps and uncovered porches less than ten feet in width, shall be erected within fifty feet of the right-of-way side line of any road or street.

(b) In areas where there is now existing a building line scheme of a different dimension than mentioned in subsection (a) hereof, the property owner will be required to conform to such existing building line scheme.

(c) It is further provided that in an area where there now exists a varied or staggered building line scheme the property owner may establish subject to the approval of the Board of Zoning Appeals at a duly advertised hearing of such Board, a building line which would retain the continuity or symmetry of the existing building line scheme.

(d) All swimming pools shall be treated as a structure for the purpose of Chapter 1327 of the Building Code and must conform thereto.

(Ord. 8840/79. Passed 12-10-79.)

1141.10 SIDE YARDS.

Attached garages or accessory buildings permanently connected with the main building shall be construed to be a part of the main building for the purpose of this section.

Any garages or accessory buildings not connected with the main building but located within twenty feet from such main building shall be subject to the ten feet side yard clearance as indicated above in this section.

Any garage or accessory building, or main building, or dwelling, whether attached to the main building or not, shall not be erected any closer than twenty feet from any existing residence on adjacent property.

(Ord. 8840/79. Passed 12-10-79.)

1141.11 REAR HOUSES.

No dwelling or apartment house shall be erected or altered or used unless the same has access to a public street, and if located in the rear of another building with no immediate street frontage then there shall be provided a permanent easement for access over an unoccupied strip of land at least twenty feet in width or lot yard or lot area required by this Ordinance and if more than one dwelling is located in the rear of another building with no immediate street frontage then such easement of access shall be subject to the same requirements for frontage on the easement for access and other requirements for lot and yard areas as though such dwelling was located on a public street. Such easement shall be executed in accordance with the requirements provided by law for deeds and filed with the County Recorder. A copy of such easement certified by the County Recorder shall be filed with the Building Inspector before issuance of a building permit.

No rear house shall be built any closer than thirty-five feet from the front house or other buildings on the lot, and shall be subject to all other requirements of this Zoning Ordinance pertaining to dwellings.

(Ord. 8840/79. Passed 12-10-79.)

1147.01 CA RESTRICTED DISTRICTS.

(a) Uses Permitted. The following uses are permitted in CA Restricted Districts:

Any use permitted in a CA District except for the following uses:

Boarding or rooming houses; and

Funeral homes and undertaking establishments; and

Motels and hotels; and

Motor vehicle sales rooms; and

Exterior (outside) storage of any kind, including motor vehicles and semi

tractor-trailers.

(b) Height and Bulk Requirements.

Height - 7 stories or 80 feet.
Minimum rear yard depth - 40 feet.
Minimum lot area per family:
	1 story - 2,400 square feet.
	2 stories - 1,465 square feet.
	3 stories - 985 square feet.
	4 stories - 745 square feet.
	5 stories - 625 square feet.
	6 stories - 570 square feet.
	7 stories - 540 square feet.
Minimum lot width - 60 feet.
Minimum side yard - 10 feet plus one foot additional for each three feet or fraction thereof of building height in excess of 45 feet.

(c) Accessory Buildings. An accessory building not more than fifteen feet high may be located in a rear yard, provided the accessory building occupies not more than thirty percent (30%) of the rear yard area.

(d) Setback Line. No part of the ground area of any building or structure, or any part thereof, shall be erected, constructed, reconstructed or altered within thirty feet of the street line of any road, street or avenue. However, in an area where there now exists a building line, the property owner shall conform to the existing building line. The building line shall conform with the average setback line of the existing buildings on the road, street or avenue. Further setback lines must conform with any state highway specifications.

(Ord. 11557/02. Passed 4-24-02.)

1147.02 CA DISTRICTS.

(a) Uses Permitted. The following uses are permitted in CA Districts:

Any use permitted in any Residence District

Assembly halls

Banks

Barber and beauty shops

Boarding or rooming houses

Drug stores

Dry cleaning establishments, provided no dry cleaning is done on the premises

Funeral homes and undertaking establishments

Grocery stores, meat markets, fruit markets, candy stores, dairy products

stores, or other food retailing establishments

Hardware stores

Ice retail stations

Motor vehicle sales rooms

Offices

Restaurants, provided the serving or dispensing of alcoholic liquors or

beverages shall not be permitted

Self-service laundries

Shoe repair shops

Signs

Theaters

Tourist accommodations, including motels and hotels

Any other retail business for the convenience of and service to the neighboring

residents, provided, however, the serving or dispensing of alcoholic

liquors or alcoholic beverages shall not be permitted, either as a separate

use or as an accessory use

Accessory buildings or uses.

(b) Height and Bulk Requirements.

Height - 7 stories or 80 feet.
Minimum rear yard depth - 40 feet.
Minimum lot area per family:
	1 story - 2,400 square feet.
	2 stories - 1,465 square feet.
	3 stories - 985 square feet.
	4 stories - 745 square feet.
	5 stories - 625 square feet.
	6 stories - 570 square feet.
	7 stories - 540 square feet.
Minimum lot width - 60 feet.
Minimum side yard - 10 feet plus one foot additional for each three feet or fraction thereof of building height in excess of 45 feet.

(Ord. 11557/02. Passed 4-24-02.)

1147.03 CB DISTRICTS.

(a) Uses Permitted. The following uses are permitted in CB Districts:

Any use permitted in a CA Restricted District and a CA District
Amusement and assembly establishments
Dry cleaning and dyeing establishments, provided odorless, nontoxic and
	noncombustible agents are used
Public garages and filling stations, provided no appliance for dispensing
	gasoline or oiling or greasing of automobiles is located within
	twelve feet of any street line
Tinsmith shop
Retail or wholesale businesses or services of any type, including manufacturing
	incidental to any such retail or wholesale business or service where the
	products are sold on the premises by the producer, provided not more
	than ten operative personnel are employed in such manufacture and
	provided further, no building, structure or premises shall be erected,
	altered or used for any of the following uses:
	Auto wrecking
	Bottling works
	Coal or lumber yard
	Dairy products manufacture
	Electric welding
	Gasoline or alcohol storage above ground
	Grist and flour mill
	Ice plant
	Junk or scrap paper
	Laundry or bakery employing more than ten persons
	Machine shop
	Rag storage or baling
	Slaughterhouse or stock yard
	Any use prohibited in an MA District or in an MB District or any other
	use creating offensive odor, fumes, dirt, noise or other objectionable
	features, or hazardous to surrounding property by reason of danger
	of fire or explosion
Accessory buildings or uses customarily incidental to the above permitted uses.

Notwithstanding the foregoing terms and provisions of this subsection (a), adult cabarets are permitted in CB Districts. Notwithstanding any terms or provisions to the contrary within these Codified Ordinances, no adult cabaret shall be established or located within 500 feet of any residence district or single or two-family dwelling. Notwithstanding any terms or provisions to the contrary within these Codified Ordinances, no adult cabaret shall be established or located within 1,000 feet of any school, church, park, hospital, library, playground, daycare center or other like facility. An adult cabaret shall be open to the public only between the hours of 7:00 p.m. and 2:00 a.m., so long as an applicable liquor permit does not provide for an earlier closing time. Any grant(s) of permission or regulation(s) contained within this paragraph does not, and shall not, act as or constitute a waiver of, or consent to, any violation of any City, local, state or federal obscenity, sex or other criminal or general offense.

(b) Height and Bulk Requirements.

Height limitation - none.
Minimum rear yard depth - 40 feet.
Minimum lot area per family:
	1 story - 2,400 square feet.
	2 stories - 1,465 square feet.
	3 stories - 985 square feet.
	4 stories - 745 square feet.
	5 stories - 625 square feet.
	6 stories - 570 square feet.
	7 stories - 540 square feet.
	8 stories - 525 square feet.
	9 stories - 515 square feet.
Minimum side yard (for multi-family dwellings) - 10 feet plus one foot additional for each three feet or fraction thereof of building height in excess of 45 feet.

(c) Accessory Buildings. An accessory building not more than fifteen feet high may be located in a rear yard, provided the accessory building occupies not more than twenty-five percent (25%) of the rear yard area.

(Ord. 11557/02. Passed 4-24-02.)

1151.01 MA DISTRICTS.

(a) Uses Permitted. Any use permitted in the CB District is permitted and, in addition, the following uses:

Any business, either retail or wholesale, storage or service establishments, and

any type of manufacturing or assembly, provided, however, the following uses

shall not be permitted:

Aluminum, brass, copper, iron or steel foundry or works

Asphalt and asphalt products manufacture

Auto wrecking

Blast furnace

Boiler works or forge works

Brick, tile or terra-cotta manufacture

Charcoal, lampblack and fuel briquettes manufacture

Chemicals manufacture, including acetylene, aniline dyes, ammonia, carbide, caustic soda, cellulose, chlorine, carbon black and bone black, cleaning and polishing preparations, creosote, exterminating agents, hydrogen and oxygen, industrial alcohol, nitrating of cotton or other materials, nitrates (manufactured and natural) of an explosive nature, potash, plastic materials and synthetic resins, pyroxylin, rayon yarn, hydrochloric, picric and sulphuric acids and derivatives

Coal, coke and tar products manufacture, including gas manufacturing

Disinfectant manufacturing

Dumps and slag piles

Explosives manufacture

Fat rendering

Fertilizer manufacture

Film, photographic, manufacture

Gas, heating or illuminating, manufacture or storage except where such gas is to be entirely consumed on the same premises

Grain storage

Glue, gelatin or size manufacture

Incineration or reduction of garbage, offal and dead animals

Lime, cement or plaster of Paris manufacture

Pickle, sausage, sauerkraut or vinegar manufacture

Oilcloth or linoleum manufacture

Match manufacture

Manure, peat and topsoil storage

Metal and metal ores (except precious and rare metals) reduction, refining, smelting and alloying

Paint, oil, varnish or turpentine manufacture

Paper and pulp manufacturing

Petroleum products, refining, such as gasoline, kerosene, naphtha, lubricating oil

Printing ink manufacture

Rubber (natural or synthetic), processing or manufacturing, including rubber salvage operations

Soap manufacture

Shoddy manufacture

Slaughtering of animals, exclusive of poultry killing

Starch, glucose, dextrine manufacture

Stock yards

Storage or baling of scrap paper or rags

Sugar refining

Storage or dismantling of automobiles or any form of scrap metal or junk

Tallow, grease or lard manufacture or refining

Tanning or curing of leather, raw hides or skins or storage thereof

Tar distillation or manufacture

Tar roofing or tar waterproofing manufacture

Wood and bone distillation

Wool scouring; hair manufacture

Yeast manufacture

Any other trade, industry or use that is injurious, noxious, offensive or hazardous by reason of emission of odor, dust, fumes, smoke, noise or vibration.

(b) Height and Bulk Requirements. The regulations governing height, rear yards, side yards and setback lines in the CB Districts shall apply.

(Ord. 6171/63. Passed 12-2-63. )

1151.02 MB DISTRICTS.

(a) Uses Permitted. Land may be used and buildings or structures may be hereafter constructed, reconstructed or altered for any lawful use, provided, however, no building or portion of a building shall be hereafter erected or constructed for dwelling or residence purposes.
(Ord. 6171/63. Passed 12-2-63.)

(b) Height and Bulk Requirements. The regulations governing rear yards, side yards and setback lines in the CB Districts shall apply.

(Ord. 11134/97. Passed 12-10-97.)

1151.03 LANDFILLS AND TRANSFER FACILITIES.

(a) None of the following shall be located or permitted on any lot, parcel or piece of real property that is located within 2,500 feet of any lot, parcel or piece of real property zoned as a Residence District, a Planned Unit District, a Senior Citizen Multi-Family District, a Residential Apartment District or other district zoned residential:

(1) A privately owned or privately operated solid waste transfer facility; or

(2) A privately owned or privately operated construction and demolition landfill.

(b) The lawful, properly permitted and properly licensed use of any building, structure, land or premises as a solid waste transfer facility or a construction and demolition landfill at the time of the effective date of this section, that does not conform to this section, constitutes a nonconforming use and may be continued as a nonconforming use. No privately owned or privately operated solid waste transfer facility or privately owned or privately operated construction and demolition landfill lawfully operating, and properly permitted and properly licensed at the time of the effective date of this section, that does not conform to this section, shall be expanded, and any such expansion is hereby expressly prohibited.

(Ord. 11883/05. Passed 7-27-05.)

1155.01 DEVELOPMENT IN ACCORDANCE WITH PLAN.

Planned Unit District is a zoning district that may be developed in accordance with a development plan showing multi-uses within the boundary lines of the entire property requested for Planned Unit District (P.U.D.).

There may be provided within such a Planned Unit Development District a combination of land uses, arranged and designed in accordance with modern land planning principles and development techniques; and in such manner as to be properly related to each other.

(Ord. 7607/73. Passed 4-2-73.)

1155.02 PERMITTED USES.

All types of residential uses including other than single family uses as permitted in Chapter 1139 and all types of commercial uses under Section 1147.01 may be used, except for the following uses:

Boarding and rooming houses

Motor vehicle sales rooms

Signs

and only the following uses under Section 1147.02 shall be permitted:

Amusement and assembly establishments, provided, however, the selling of alcoholic liquors or alcoholic beverages shall not be permitted, either as a separate use or:

Dry cleaning and dyeing establishments provided odorless, nontoxic agents are used.

(Ord. 7607/73. Passed 4-2-73.)

1155.03 MINIMUM DEVELOPMENT AREA.

The minimum development area under the P.U.D. zoning district shall be 125 acres.

(Ord. 7607/73. Passed 4-2-73.)

1155.04 RESIDENTIAL STANDARDS.

(a) Definitions. For the purposes of the Planned Unit District, certain terms are defined as follows:

(1) "Detached single-family dwelling" includes any dwelling unit which is not physically attached to any other dwelling unit.

(2) "Attached single-family dwelling" includes any number of single family dwelling units, but not exceeding twelve dwelling units which are physically attached one to another by common or adjoining walls, and which are or may be individually owned.

(3) "Apartment building" includes any building which is:

A. Constructed to contain three or more dwelling units; and

B. In which the dwelling units may be rented or sold.

(b) Minimum Living Open Space. Space which is not occupied by building, garage, roadway, driveways, parking lot space or the land where topography is so steep as to be unusable (above sixty percent (60%) gradient); except that living open space may include the roof of garages if they are developed as usable pedestrian areas. Minimum living open space required shall be thirty percent (30%) of the total acreage used for residential purposes.

(d) Minimum Lot Size. Minimum lot size for detached single-family units shall be determined by the provisions of Section 1139.06 (b).

(e) Maximum Height. Maximum height for multi-family structures shall not exceed twelve stories above normal grade level.

(f) Density of Residential Units. In Planned Unit Developments, the density within the residential area shall not exceed twelve units per acre of total residential land.

(g) Utilities. All utilities shall be placed underground.

(Ord. 7607/73. Passed 4-2-73.)

1155.05 DEVELOPMENT AREA DEFINED.

"Development area" means the minimum area to be constructed by a single owner or owners in order to qualify under the provisions of this chapter.

(Ord. 7607/73. Passed 4-2-73.)

1155.06 LOCATION OF DEVELOPMENT AREA AND QUALIFICATIONS.

A Planned Unit Development may be established on parcels of land which are suitable for Planned Unit Districts in a manner consistent with the purpose of this chapter.

(Ord. 7607/73. Passed 4-2-73.)

1155.07 OWNERSHIP.

The tract of land for a project may be owned, leased or controlled either by a single person or corporation, or by a group of individuals or corporations. An application must be filed by the owner or his representative, or jointly by owners of all property included in a project.

(Ord. 7607/73. Passed 4-2-73.)

1155.08 COMMERCIAL PLANNED UNIT DEVELOPMENT STANDARDS.

(a) Commercial buildings and establishments shall be planned as groups having common parking area and common ingress and egress points in order to reduce the number of potential accident locations at intersections with thoroughfares. Where such commercial developments face on dedicated streets, there shall be created a minimum "green strip" of twenty-five feet planted with grass and landscaped with the purpose of providing a vertical green combination of shrubs and trees between the dedicated street and the commercial development.

In reviewing the design of the required green strip, the Planning Commission shall give consideration to the potential maximum right-of-way widths.

(b) The plan of the project shall provide for the integrated and harmonious design of buildings and for properly arranged facilities for internal traffic circulation, landscaping and any and all other features to make the project attractive from the standpoint of adjoining and surrounding existing or potential developments.

(c) Off-street parking, loading and service areas shall be provided in accordance with the ratios and other requirements as stated in Chapter 1165 except that the same may be increased for good cause shown.

(Ord. 7607/73. Passed 4-2-73.)

1155.09 SITE AND STRUCTURE REQUIREMENTS.

(a) Where feasible, natural features such as streams, rock outcrops, topsoil, trees and shrubs shall be preserved and incorporated in the landscaping of the development.

(b) To improve the quality of the environment and to reduce inconvenience during bad weather, the underground installation of all utilities and equipment shall be required.

(c) Lot sizes and dimensions, structures, heights and locations thereon, may be freely disposed and arranged in conformity with the overall density standards herein. Minimum lot size or frontage, maximum percentage of lot coverage are not specified herein. However, the location of buildings on such lots shall provide for adequate open space for the admission of light and air and protection from fire or other hazards.

(d) The right of way for internal roads serving residential and commercial uses shall be determined from sound planning and engineering standards to conform with the estimated needs of the proposed full development and the traffic to be generated thereby. The pavement of such roads shall be adequate and sufficient in size, location and design to accommodate the maximum traffic, parking and loading needs and the access of fire fighting equipment and police or emergency vehicles. All roads must be approved by the City Engineering Department. The Planning Commission and the Director of Planning and City Development shall have the authority to determine what streets, if any, shall be dedicated and conform to the requirements stated in the Subdivision Regulations of the City.

(e) The developer, within property boundaries, shall provide all necessary water and sewer facilities, paved service streets, parking and loading facilities.

(Ord. 7607/73. Passed 4-2-73.)

1155.10 PREAPPLICATION PROCEDURES.

The developer shall meet with the Director of Planning and City Development and the Planning Commission prior to the submission of the preliminary development plan to discuss early and informally the type of development proposed and the criteria and standards contained herein, and to familiarize the developer with the Comprehensive Development Plan, the major thoroughfare plan, the parks and public open space plan, the Subdivision Regulations and the drainage, sewer and water systems of the City.

(Ord. 7607/73. Passed 4-2-73.)

1155.11 PRELIMINARY PLAN OF DEVELOPMENT AREA.

A developer shall submit to the Planning Commission and the Director of Planning and City Development a preliminary plan of a development area by filing ten copies thereof with the Director of Planning and City Development. Plans may be submitted on behalf of the owner or owners of the land included therein. The preliminary plan of the development area shall indicate all uses proposed for the planned development area, and shall also include the following:

(a) Existing topography at four-foot contour intervals of the proposed development area including property lines, easements, street right of way, existing structures and the gross area of the development area in acres.

(b) The proposed vehicular and pedestrian traffic patterns including the proposed location and design of public and private streets, the directional flow and location of existing or proposed municipal interceptor, outlet or trunk sewers outside of the development area.

(d) Deed restrictions, protective covenants and other legal statements or devices to be used to control the use, development and maintenance of the land, and the improvements thereon, including those areas which are commonly owned and maintained.

(e) Such other relevant information as the Director of Planning and City Development and the Planning Commission may require.

(Ord. 7607/73. Passed 4-2-73.)

1155.12 PREPARATION OF PRELIMINARY PLAN.

The preliminary plan of a development area, unless otherwise specified, shall be prepared by professional persons qualified in the planning of land development, traffic engineering, building and landscape design.

(Ord. 7607/73. Passed 4-2-73.)

1155.13 REFERRAL OF PRELIMINARY PLAN FOR REVIEW AND REPORTS.

Upon the receipt of a preliminary plan of a development area, the Director of Planning and City Development shall transmit a copy of the plan to the City Engineer for his review, report and recommendation. The Planning Director shall also transmit a copy of all covenants, restrictions and easements to be recorded and covenants for maintenance to the Law Director for his review, report and recommendation. The Law Director, Engineer and Planner shall each, within fifteen working days from receiving a preliminary plan of the development area, provide and furnish to the Planning Commission its report upon its respective jurisdiction.

(Ord. 7607/73. Passed 4-2-73.)

1155.14 REPORT TO COUNCIL.

Within a reasonable time after filing of the preliminary plan with the Director of Planning and City Development, the Planning Commission shall conduct at least one public hearing, thirty days notice of which shall be given as to the time, date and place of such hearing by publication in a newspaper of general circulation in the City and by first-class mail to the developer. The report of the Planning Commission shall include a finding either that the preliminary plan complies with the applicable regulations, standards and criteria prescribed by this chapter and any other ordinances and regulations of the City, or a finding of any failure of such compliance and a recommendation that the preliminary plan be approved, disapproved or modified.

If, in a report approving a preliminary plan, with or without recommended modification, and notwithstanding any other provision of this chapter, the Planning Commission finds that any regulations, standards or criteria prescribed by this chapter or any other ordinances or regulations of the City are inappropriate or inapplicable because of unusual conditions, including topography of the development area or the imaginative character of the design proposed in the preliminary plan, and that an adjustment in such regulations, standards or criteria will promote the public health, safety and general welfare of the City, the Planning Commission may recommend to Council that such adjustment be made.

The preliminary plan together with a certified copy of the report of the Planning Commission, shall be filed with the Clerk of Council for submission to Council. Council should act upon such report and plan in accordance with their existing rules.

(Ord. 7607/73. Passed 4-2-73.)

1155.15 NOTICE FOLLOWING APPROVAL.

Following approval by Council, the Clerk of Council shall notify the developer of such action by registered or certified mail and authorize him to proceed with the preparations of the final plan of a development area, in accordance with the procedures and criteria set forth in this chapter and any special conditions under which this authorization to proceed was granted. The Clerk of Council shall, at the same time, notify the chief enforcement officer of the Building Department of Council's action and shall deliver to such officer a copy of the preliminary plan, along with a report of Council.

(Ord. 7607/73. Passed 4-2-73.)

1155.16 CHANGE IN USE MAP.

The chief enforcement official of the Building Department shall, within fifteen working days of Council's approval cause a notation to be made on the Use or Zone Map to reflect the area in a Planned Unit Development District which is included in the preliminary plan to the Planning Commission with a report of the action of Council thereon.

Any land located in a Planned Unit Development District which was prior to its inclusion in such district, located in other districts shall, until approval of a preliminary plan and notation of such approval, be subject to all provisions of the Zoning Ordinance as heretofore or hereafter amended, with respect to such other districts respectively.

(Ord. 7607/73. Passed 4-2-73.)

1155.17 FINAL PLAN OF DEVELOPMENT AREA.

The developer of any parcel or parcels of land for which a preliminary plan has been approved by Council shall submit a final plan of the development area within 120 days unless extended by the Commission. The final plan must be submitted in any case within two years. The final plan of the development area shall contain and be accompanied by the following:

(a) A site plan, including the proposed public and private street system with right of way; all easements; common and private land; the exact location of each structure to be built, with its relationship to the street system.

(b) A plan of the development area showing street right of way, subdivided common land and easements.

(c) Detailed plans and specifications for all streets, storm and sanitary sewers, water mains, and all other site features of the development area.

(d) The final form of covenants running with the land; deed restrictions, including the use of common land; covenants, restrictions or easements to be recorded; declaration of covenants, restrictions and by-laws of a homes association and its incorporation; declaration of condominium ownership and other covenants, if any, for maintenance.

The Director of Planning and City Development and the Planning Commission may require additional drawings to supplement the above when more information is needed or special conditions occur.

(Ord. 7607/73. Passed 4-2-73.)

1155.18 CONDITIONS FOR APPROVAL BY PLANNING COMMISSION.

If the Director of Planning and City Development and the Planning Commission shall find within sixty days that a proposed final plan of a development area is in substantial accordance with, and represents a detailed expansion of the preliminary plan heretofore approved by Council, that it complies with all of the conditions which may have been imposed in the approval of such preliminary plan, that it is in accordance with the design criteria and provisions of this Zoning Ordinance which apply particularly to any plan of a planned development area, that all agreements, contracts, deed restrictions, dedications, declarations of ownership and other required documents are in acceptable form and have been executed, all sureties provided; all payments made; the City Planner and the Planning Commission shall then approve such final plan of a planned development area and certify its approval to the Clerk of Council.

(Ord. 7607/73. Passed 4-2-73.)

1155.19 BUILDING PERMITS.

After, but not before the approval of a final plan of a development area, the chief enforcement officer of the Building Department shall be so notified, and building and other permits may be issued upon payment of the required fees.

(Ord. 7607/73. Passed 4-2-73.)

1155.20 PROGRESSIVE DEVELOPMENT.

A developer, having obtained final approval of a development area may accomplish the development in progressive stages as may be approved by the City Planner and the Building Department.

(Ord. 7607/73. Passed 4-2-73.)

1155.21 AMENDMENT TO PLANS.

At any time after the approval of a preliminary plan or a final plan of a development area, the owner or owners may request an amendment of their plans, the request of such amendment shall be filed with the Director of Planning and City Development and the Planning Commission, and one copy filed with the Clerk of Council. If such amendment is in substantial agreement with the approval of the preliminary or final plan of a development area, it shall be processed by the Planning Commission.

(Ord. 7607/73. Passed 4-2-73.)

1157.01 PURPOSE; PERMITTED USES.

A planned industrial park is an industrial subdivision developed according to the Comprehensive Plan to provide serviced sites for manufacturing plants, distribution warehouses and similar uses. The park must provide for adequate control of the tract and buildings with a view to maintaining values in the park and protecting the investments of the City, the park and the industries occupying the improved sites. In the Planned Unit Industrial District, no structure or land shall be used for any purpose other than as expressly permitted by this section which permitted uses are as follows:

Acetylene, storage of oxygen and acetylene in tanks if oxygen is stored in a room separate from acetylene, and such rooms are separated by a not less than two-hour fire resistant wall.

Agricultural contractor equipment, sale or rental, or both.

Animal experimental research institute.

Assembly plants (excludes vehicle assembly).

Bags, manufacture of.

Batteries, the manufacture and rebuilding of batteries.

Beds, the manufacture of bedspreads and bedsprings.

Billboards, the manufacture of billboards.

Boat building.

Book bindery.

Bottling plant.

Box factory.

Brushes, the manufacture of.

Cabinet making.

Candles, the manufacture of.

Cannery, except meat and fish.

Carpenter shop.

Carpet cleaning.

Cellophane, the manufacture of cellophane products.

Ceramics, the manufacture of.

Cigars, the manufacture of.

Cigarettes, the manufacture of.

Clay products, the manufacture or storage, or both of clay products, including clay statuary.

Cleaning establishments, wholesale.

Clocks, the manufacture of.

Cloth, the manufacture of cloth and cloth products, including clothing of all kinds but not tanning.

Coffee roasting.

Coffins, the manufacture of.

Cold storage plant.

Contractor's equipment gear, including farm equipment and all equipment used in building trades.

Cork, the manufacture of cork products.

Cosmetics, the packaging and distribution of pharmaceutical and cosmetic items.

Creamery.

Curtain cleaning plants.

Dextrine, manufacture of.

Distributing plants.

Drugs, the manufacture of.

Dry goods, the manufacture and storage of.

Electric appliance assembly.

Electrical parts, the manufacture of, or the storage of small electrical parts (indoor storage only).

Electric signs, the manufacture of.

Electrical transformer substations.

Engines, the manufacture of internal combustion or steam engines. This section does not permit a foundry.

Engraving, machine metal engraving.

Fabricating, other than snap riveting or any process used in bending or shaping which produces any annoying or disagreeable noise.

Feathers, the manufacture or renovation of feather products or both.

Fiber products, the manufacture of.

Fixtures, the manufacture of gas or electrical fixtures, or both.

Fumigating contractors.

Fur products, the manufacture of.

Fur warehouse.

Furniture, the manufacture of.

Generators, the manufacture of, electrical generators, within a closed building of fire resistant construction.

Glass, the production by hand of crystal glass art novelties within a closed building of fire resistant construction.

Glass, the storage of.

Gloves, the manufacture of.

Granite, the grinding, cutting and dressing of granite

Hair products, the manufacture of.

Harness, the manufacture of.

Heating equipment, the manufacture of.

Hemp storage, indoor storage only.

Horn products, the manufacture of.

Ice, the manufacture, distribution and storage of.

Incinerators, the manufacture of.

Ink, the manufacture of.

Iron, ornamental iron works but not including a foundry.

Jewelry, the manufacture of.

Knitting mills.

Laboratories, for testing experimental motion picture film.

Laundry.

Linen and towel supply.

Liquor storage.

Machine shops.

Matches, the manufacture of, with approval of Fire Department.

Mattresses, the manufacture and renovation of.

Medicines, the manufacture of.

Metals.

(a) Manufacture of products of precious metals.

(b) Manufacture of metal, steel and brass stamps.

(d) Metal spinning.

(e) Metal storage.

(f) Metal working shop.

Motors, the manufacture of electric motors.

Musical instruments, the manufacture of.

Novelties, the manufacture of

Oleomargarine, the manufacture of.

Optical goods, the manufacture of.

Paint mixing, except the mixing of lacquers and synthetic enamels.

Paper products, the manufacture of, but not including the manufacture of paper itself.

Perfume, the manufacture of.

Pest control service, including residential termite control.

Pharmaceuticals, the manufacturing and packaging of.

Phonographs, the assembly of.

Phonograph records, the manufacture of, including the grinding and processing of the basic materials used in connection therewith.

Plaster, the storage of, indoor storage only.

Plumbing shop and plumbing contractor's shop.

Polish, the manufacture of.

Pottery, the manufacture of.

Presses, hydraulic presses for the molding of plastic.

Putty, the manufacture of.

Radios, the assembly of.

Refrigeration plant.

Roofing contractor's establishment.

Rope, the manufacture of.

Rug cleaning plant.

Rugs, the manufacture of.

Saddle, the manufacture of.

Sash and door manufacture.

Sheet metal shop.

Shell products, the manufacture of.

Shoes, the manufacture of.

Shoe polish, the manufacture of.

Signs, the manufacture of.

Sodium glutamate, the manufacture of.

Soft drinks, the manufacture of.

Springs, the manufacture of.

Starch, the mixing and bottling of starch.

Stencils, the manufacture of.

Stove polish, the manufacture of.

Textiles, the manufacture of, including clothing and upholstery.

Tools, the manufacture of.

Toys, the manufacture of.

Type, the manufacture of printers type.

Valves, the storage and repair of oil and well valves, indoor storage only.

Venetian blinds, the manufacture of.

Ventilating ducts, the manufacture of.

Vitamin tablets, the manufacture of.

Warehouse, storage warehouse, indoor storage only.

Watches, the manufacture of.

Welding.

Window shades, the manufacture of.

Wine storage and manufacture of.

Wood, the manufacture of wood products. This section does not permit a planing mill.

Woolen goods, the manufacture and storage of.

Any similar manufacturing or industrial use which in the opinion of the Planning

Commission is not more detrimental to the public welfare than the enterprises enumerated in this section.

(Ord. 8529/77. Passed 11-28-77.)

1157.02 MINIMUM ACREAGE.

A Planned Unit Industrial District shall consist of not less than a parcel of land at least fifty acres in area. Each lot within the Planned Unit Industrial District shall be a minimum of one acre in area.

(Ord. 8529/77. Passed 11-28-77.)

1157.03 MINIMUM LOT WIDTH AND FRONTAGE.

Each lot within a Planned Unit Industrial District shall abut and have frontage upon an improved, dedicated and accepted street. The minimum width of each lot shall be 100 feet at the building line.

(Ord. 8529/77. Passed 11-28-77.)

1157.04 MINIMUM FLOOR AREA AND MAXIMUM BUILDING COVERAGE.

The minimum floor area of main buildings within a Planned Unit Industrial District shall be 5,000 square feet.

The total area of land covered by building or buildings shall not exceed fifty percent (50%) of the land area behind the front building setback line. To determine the area of the land covered by the building the measurement should be made from the furthest extension of the exterior walls.

(Ord. 8529/77. Passed 11-28-77.)

1157.05 MINIMUM FRONT YARD SETBACK.

In a Planned Unit Industrial District, the minimum front yard setback shall be sixty feet. The minimum front yard setback of lots opposite a residential district or area shall be sixty feet. The space within the front yard setback in either instance shall not be used for parking, loading or storage. All buildings shall conform to a uniform front yard setback.

(Ord. 8529/77. Passed 11-28-77.)

1157.06 SIDE AND REAR LINE SETBACK.

(a) Not Adjacent to Residential District. In a Planned Unit Industrial District, the minimum side lot setback shall be twenty feet. The minimum distance between buildings on different lots, measured at any point shall be forty feet. The minimum rear setback shall be sixty feet.

(b) Adjacent to Residential District. In a Planned Unit Industrial District, the minimum side and rear line setback on lots adjacent or abutting a residential district or area shall be sixty feet. The space within such setbacks shall be landscaped and planted. In addition, a fence eight feet in height above the finished grade shall be erected and maintained on the side and/or rear lot line, whichever is adjacent or abutting a residential district or area. No fence provided for herein shall protrude or encroach upon the front yard setback nor shall any such fence be constructed or erected so as to interfere with or obstruct the vision of any motor vehicle operator. The fence shall be approved by the Planning Commission. In no event shall the fence be constructed of barbed wire or carry an electrical charge.

(Ord. 8529/77. Passed 11-28-77.)

1157.07 SIDE LINE SETBACK ON CORNER LOTS.

In a Planned Unit Industrial District the minimum side line setback on a corner lot shall be fifty feet.

(Ord. 8529/77. Passed 11-28-77.)

1157.08 PARKING AND LOADING.

In a Planned Unit Industrial District each business shall provide a minimum of one parking space for each 600 square feet of gross floor space contained in buildings of such business or one parking space for each employee plus adequate parking for visitors, as determined hy Planning Commission. All parking areas shall be located to the rear of the building. Any deviation from this must be approved by the Planning Commission.

Any parking lot providing space for four or more vehicles shall provide a wall, fence, curb or other device which will, in the opinion of the Planning Commission, prevent the parking of vehicles or any portion thereof closer than one foot to adjoining lots and/or buildings or abutting street lines.

Loading or unloading docks or entrances shall be located so as not to protrude or encroach into the front yard setback. Loading or unloading docks or entrances located in close proximity to the front yard setback shall be enclosed and no vehicle during the loading or unloading process shall protrude into the front yard setback.

(Ord. 8529/77. Passed 11-28-77.)

1157.09 MAXIMUM HEIGHT OF BUILDINGS.

The height of any building shall not exceed thirty-five feet except that chimneys, flag poles, towers, water tanks, radio towers or radio antennas shall not exceed 115 feet in height, without a conditional use permit issued by the Planning Commission.

(Ord. 8529/77. Passed 11-28-77.)

1157.10 DESIGN OF STRUCTURE.

To maintain harmonious development in a Planned Unit Industrial District, all elevation plans and plot plans showing the location of buildings, parking areas, outside storage and ingress and egress routes shall be submitted to the Planning Commission for approval prior to the issuance of any permit. Elevation plans shall designate by size and location the exterior wall or walls through which any business or businesses shall have a main entrance into the main building.

(Ord. 8529/77. Passed 11-28-77.)

1157.11 SIGNS.

(a) One wall sign per enterprise or business limited to the name or identification of such business or enterprise conducted on the premises. The sign shall be attached to or made a part of the main building in which the business is conducted. The sign shall be displayed on that exterior wall of the main building in which the business has located its main entrance. Such wall shall be designated as required herein. The sign shall not exceed one square foot of sign area per each two lineal feet of wall through which the business has located its main entrance. In the event that more than one business is located within a main building only that portion of an exterior wall enclosing that particular business premises shall be used in calculating the sign area.

The maximum sign area for each business utilizing the same main entrance shall be equal to that area allowed for one business divided by the number of businesses using the same entrance.

Where more than one business utilizes the same main entrance and utilizes one sign jointly then such sign shall not exceed one square foot of sign area per each two lineal feet of the main entrance wall. No part of a wall sign shall extend above the roof line of the main building.

(b) In addition to the permanent signs authorized in subsection (a) hereof, there shall also be permitted one sign not exceeding fifty square feet per face, on the site of a building under construction and only while under construction of the main building, bearing the name of the future occupants and contractors engaged in the construction of the buildings. Such sign shall not be located closer to any lot line than one-half the required building setback distance from that lot line.

(c) No illumination used on, for, or in any sign where illumination is permitted by this chapter or used primarily for the purpose of advertising goods or services shall be so arranged or used to cause annoying reflection or glare in any area. No sign shall be illuminated by flashing or moving lights, and no sign shall be revolving, oscillating or otherwise moving. No sign visible from any public street shall be constructed or located so as to conflict with traffic control signals.

(d) When, in the opinion of the Building Inspector, an application for a sign allowed under this section does not meet the provisions of such sections or the intent of maintaining harmonious development in a Planned Unit Industrial District, such application shall be submitted to the Planning Commission for approval prior to the issuance of a permit for such sign. The Planning Commission shall approve or deny the application for such permit within a reasonable time.

(Ord. 8529/77. Passed 11-28-77.)

1157.12 APPLICATION FOR ZONING.

No application or permission to divide, subdivide or develop land as a Planned Unit Industrial District shall be accepted or permitted until such land has been zoned as a Planned Unit Industrial District.

An application to zone land as a Planned Unit Industrial District shall comply with Sections 1155.09 through 1155.21.

(Ord. 8529/77. Passed 11-28-77.)

1159.01 DEFINITIONS.

"Senior Citizens Multi-Family (SCMF) District" means a subdistrict within part of or all of a multi-family or multi-family high rise, or P.U.D. District providing for and allowing the construction of residential buildings, the use and occupancy of which is for senior citizens.

A "senior citizen" for this purpose means an individual sixty-two years of age or older, or in the case of a married couple, either spouse being sixty-two years of age or older.

(Ord. 7608/73. Passed 4-2-73.)

1159.02 LAND AREA.

(a) Seven hundred square feet of lot area per dwelling unit in Senior Citizens Multi- Family or P.U.D. Districts adjacent to single family residential districts and not adjacent or contiguous to any business or industrial districts.

(b) Five hundred square feet of lot area per dwelling unit in Senior Citizens Multi- Family or P.U.D. Districts adjacent or contiguous to any business, commercial or industrial district.

(c) Five hundred square feet of lot area per dwelling unit in Senior Citizens Multi- Family or P.U.D. Districts within business districts and not adjacent or contiguous to single-family residential districts.

(Ord. 7608/73. Passed 4-2-73.)

1159.03 HABITABLE DWELLING UNIT AREA REQUIREMENTS.

The minimum habitable area of any dwelling unit in Senior Citizens Multi-Family Districts shall be as follows:

1 - bedroom unit	490 square feet
2 - bedroom unit	700 square feet

(Ord. 7608/73. Passed 4-2-73.)

1159.04 OFF-STREET PARKING.

Off-street parking, under this chapter shall provide for a minimum of one parking space for each three dwelling units contained in such development.

(Ord. 7608/73. Passed 4-2-73.)

1159.05 YARD AND HEIGHT REGULATIONS.

Yard and height regulations for senior citizens multi-family development shall, wherever possible, be in accordance with the schedule of area, yard and height regulations prescribed in the Zoning Ordinance; provided, however, that wherever a senior citizens multi-family building is constructed and the lot area is sufficient for the number of dwelling units therein, but yard and height regulations prescribed cannot be complied with, then it shall be the duty of the Planning Commission, together with the Director of Planning and City Development, to prescribe such yard and height regulations as may be reasonable and proper, considering the character of the area in which the building is proposed to be constructed.

(Ord. 7608/73. Passed 4-2-73.)

1159.06 COMPLIANCE WITH STATUTES AND REGULATIONS.

Any building or development constructed within a Senior Citizens Multi-Family or P.U.D. District as a senior citizens's residence building must be in compliance with all Federal and State statutes and regulations applying specifically to housing for the elderly. In addition thereto, any such building or development in excess of two stories in height must be serviced by an elevator, the car of which shall be sufficiently large to accommodate emergency equipment normally used by the Police and Fire Departments within buildings, such as stretchers, inhalators and portable fire extinguishers. Any such building serviced by an elevator shall also be serviced by an emergency electrical power system sufficient in capacity to provide emergency lighting and to power at least one of the elevators in such structure.

(Ord. 7608/73. Passed 4-2-73.)

1165.01 OFF-STREET PARKING REQUIRED.

After the effective date of this Zoning Ordinance, no building shall be erected, altered or remodeled to be used for any purpose for which required parking spaces are designated herein unless there shall be provided not less than the off-street parking space in the amounts set forth in Section 1165.07. Such spaces shall be maintained and shall not be encroached upon as long as any of the herein specified uses remain in the building.

(Ord. 6171/63. Passed 12-2-63.)

1165.02 LOCATION OF PARKING IN RESIDENCE DISTRICTS; SCREENING.

(a) The parking spaces required for any use located in any residence district shall be located on the same lot or premises as the main building. Parking spaces provided may be located not nearer than two feet to any side or rear lot line. Parking spaces as required herein for other than single or two-family dwellings shall be located only in the rear yard.

(b) Any parking space provided for the parking of four or more vehicles shall be screened from adjoining lots by a solid wall not less than three feet nor more than six feet in height, a compact evergreen tree or shrub screen or such other device which will, in the opinion of the Planning Commission, prevent the parking of vehicles (or any portion thereof) closer to the adjoining lots than the minimum two feet as set forth above. Any light used to illuminate such parking areas shall be so arranged as to reflect light away from the adjoining premises.

(Ord. 6171/63. Passed 12-2-63.)

(c) Campers, boats, utility trailers and other vehicles known as recreational vehicles shall be parked no nearer than five feet from the rear or side property line and shall not be parked within the front setback area. "Front setback area" means that area between the street and the front side of any dwelling, excluding porches. Any offender shall have ten days from the date of the notice to comply with this subsection.

(Ord. 10496/93. Passed 3-24-93.)

(d) In any residence district, no person shall stand or park, or permit to stand or be parked, a motor vehicle between the street line and the established building line at a residence except upon a driveway. As used in the preceding sentence, "street line" means the dividing line between the street and the lot and "established building line" means that line established by Municipal authority upon which the fronts of buildings may not extend.

(e) No driveway shall be extended or widened onto or into any part of the lawn or tree lawn existing in front of a dwelling.

(Ord. 9988/89. Passed 3-9-89.)

(f) The parking of semi-tractors and/or trailers, any commercial-type trailers for the hauling of construction equipment, and any construction-type equipment (including, but not necessarily limited to, bulldozers, front loading tractors, back hoes, farm size tractors, trenchers, dump trucks and like equipment) is prohibited in any residence district, except for and during the period of time they are being used for construction at the site where they are parked.
(Ord. 10496/93. Passed 3-24-93.)

1165.03 LOCATION OF PARKING IN COMMERCIAL, MANUFACTURING DISTRICTS.

The parking spaces required for any use located in any Commercial or Manufacturing District shall be located on the same lot as the main building or on a lot with the same type of zoning as the main building lot, or of a less restricted zoning classification which is located within 500 feet of the permitted use, the distance to be measured along the shortest lines of public access to the property, provided all the requirements concerning parking are met on the lot to be used for parking.

Any parking lot providing space for four or more vehicles shall provide a wall, fence, curb or other device which will, in the opinion of the Planning Commission, prevent the parking of such vehicles or any portion thereof closer than one foot to adjoining lots and/or buildings or abutting street lines. In any Commercial or Manufacturing District, such required facilities may be cooperatively established and operated.

(Ord. 6171/63. Passed 12-3-63.)

1165.04 TYPES OF PARKING SPACE.

Off-street parking spaces in any residential district shall be only in areas such as driveways or garages and shall not be upon any part of the premises used as lawn or tree lawn. In any commercial or manufacturing district such facilities may be garages or open surface facilities for which a charge may or may not be made.

(Ord. 7636/73. Passed 6-4-73.)

1165.05 REDUCTION OF SPACE.

Off-street parking space required under this chapter may be reduced at the time the capacity or use of building is changed in such manner that the new use would require less space than before the change. Such reduction may not be below the standards set forth in this chapter.

(Ord. 6171/63. Passed 12-2-63.)

1165.06 PAVING OF AREA.

Any parking space or access driveway to be constructed or reconstructed in any zoning district, or any driveway extension to be constructed or reconstructed in any zoning district between a paved driveway and a garage, shall be paved or otherwise surfaced with a permanent all-weather surface.

Any portion of any such parking space, access driveway or driveway extension to be located within a street right of way shall consist of a minimum of one and one-half inch asphaltic concrete (Ohio Specs. 404) on a six-inch slag base, or a minimum of six inches of concrete on a four-inch slag base. Notwithstanding the foregoing provisions of this paragraph, sidewalks shall consist of a minimum of six inches of concrete on a four-inch slag base.

This section does not authorize, nor shall it be deemed to authorize, any parking space, access driveway or driveway extension otherwise prohibited by law, rule, regulation or applicable zoning restriction.

(Ord. 10406/92. Passed 7-8-92.)

1165.07 REQUIRED NUMBER OF SPACES.

Off-street automobile parking space for each of the following specified uses shall be provided in not less than the following amounts:

(Ord.6171/63. Passed 12-2-63.)

(a) (1) Single family dwellings, duplexes, triplexes and four-plexes: Two parking spaces for each dwelling unit.

(2) Apartment buildings with five dwelling units or greater: One and one-half parking spaces for each dwelling unit.

(Ord. 10390/92. Passed 5-13-92.)

(b) Hotels: One parking space for each three guest rooms, plus one additional parking space for each five employees.

(d) Hospitals, Sanitariums and Convalescent Homes: One parking space for each four patient beds (excluding bassinets), plus one additional space for each staff doctor, plus one additional space for each four employees, including nurses, plus such additional parking space as may be required for loading and unloading hospital ambulances and similar vehicles.

(e) Medical and Dental Clinics: Three parking spaces for each doctor engaged at the clinic, plus one additional space for every two employees.

(f) Mortuary or Funeral Parlors: One parking space for each vehicle owned or utilized by the mortuary or funeral home, plus one space for each employee, plus one space for every four seats provided for funeral services.

(g) Welfare Institutions: One parking space for each staff or visiting doctor, plus one space for each four employees.

(h) Dance Halls: One parking space for each thirty-six square feet of dance floor area, plus one additional space for each two employees.

(i) Bowling Alleys: Four parking spaces for each alley, plus one additional space for each two employees.

(j) Theaters, Auditoriums, Churches, Stadiums, Sports Arenas or Similar Uses: One parking space for each four seats.

(k) Schools: One parking space for each two employees, including teachers and administrators.

(l) Office, Professional or Public Buildings: One parking space for each separate office, plus one additional space for each four employees.

(m) Restaurants or Night Clubs: One parking space for each four employees, plus one such space for each four seats provided for customers.

(n) General Business, Commercial and Personal Service Establishments: One parking space for each 200 square feet of floor area.

(o) Industrial, Manufacturing and Warehouse Establishments: One parking space for each four employees, based on estimated maximum daily or maximum eight-hour shift requirements in a twenty-four hour period.

In the case of mixed uses, the parking facilities herein required shall be the sum of the requirements for the various individual uses, computed separately in accordance with the requirements of this section. Parking facilities for one use shall not be considered as providing the required parking facilities for any other use.

(Ord. 6171/63. Passed 12-2-63.)

1165.08 OFF-STREET LOADING AND UNLOADING SPACE.

On the same lot with every building, structure or part thereof, erected hereafter to be used for other than exclusive dwelling purposes, there shall be provided on the lot adequate space for standing, loading or unloading of motor vehicles, in order to avoid undue interference with the public use of streets or alleys. Such space, unless otherwise adequately provided for, shall include a ten-foot by thirty-five-foot loading space, with fifteen feet height clearance, and one such space shall be provided for each 20,000 square feet or fraction thereof of floor or lot area used for other than residence purposes.

(Ord. 6171/63. Passed 12-2-63.)

1165.09 CITATION TAGS.

The Planning Director or Zoning and Planning Technician may issue citation tags for the purpose of giving due notice to the person or persons responsible for violating any provisions of this chapter.

(a) The citation tag shall be in a form approved by the Director of Law and shall:

(1) Include a list of violations, referring to the section or sections of the Codified Ordinances violated, and specify remedial action which, if taken, will effect compliance with the provisions violated.

(2) Specify a time of forty-eight hours for performance of the remedial action.

(3) Be served on the owner in person. Such notice shall be deemed to be properly served upon the owner, in person, if a copy is posted in a conspicuous place in or on the vehicle affected.

(b) Any person failing to comply with a citation tag, and the requirements as herein provided, shall be guilty of a misdemeanor, and his/her vehicle is subject to towing and impoundment.

(c) The Planning Director or the Zoning and Planning Technician shall utilize any properly licensed towing enterprises to tow away and impound all vehicles in violation of the citation tag issued.

(d) The Planning Director or the Zoning and Planning Technician shall notify the owner(s) of where the vehicle(s) are impounded and the method of release, either verbally or by posted written notice in a conspicuous place on the premises from where the vehicles were towed if the owner(s) are absent at the time of towing.

(e) The Planning Director or the Zoning and Planning Technician shall notify the Police Department, in writing and on the appropriate forms of all vehicle(s) towed prior to the end of the day the vehicle(s) are towed.

(Ord. 11248/98. Passed 12-9-98.)

1165.10 VEHICLES TOWED; IMPOUNDED.

Whenever a vehicle is parked in a prohibited area per the chapter, and is subject to towing in accordance with this chapter, it shall be towed and impounded in accordance with the provisions of Chapter 749 (“Licensed Towing”), except that no vehicle impounded shall be released to its owner(s) without a written release as defined in Section 1165.13.

(Ord. 11248/98. Passed 12-9-98.)

1165.11 FEES, ADDITIONAL; DISPOSITION.

In addition to the fees established in Chapter 749 (“Licensed Towing”), the Planning Division shall charge a fee of fifty dollars ($50.00) per vehicle towed, per occurrence, to defray, in part, the costs involved for time and expenses incurred by the City to enforce these Codified Ordinances. All such fees collected shall be deposited into the General Fund and be appropriated accordingly in order to perpetuate the enforcement of this Code.

(Ord. 11248/98. Passed 12-9-98.)

1165.12 RECURRENCE.

If a person parks a vehicle in violation of this chapter and in an area in which he/she previously received a properly executed citation relative to the Planning and Building Code, said vehicle may be towed and impounded immediately without prior notification if the violation occurs within a period of 365 days from the date of said previous citation.

(Ord. 11248/98. Passed 12-9-98.)

1165.13 VEHICLE, RELEASE OF.

Upon payment of the fifty dollar ($50.00) fee provided for in Section 1165.11, and any other applicable fee, the Planning Director, the Zoning and Planning Technician, or the towing enterprise shall issue a written release to the owner(s) of the vehicle impounded, allowing the release of the vehicle.

If said fifty dollar ($50.00) fee as provided for in Section 1165.11 is collected by the towing enterprise, it shall be forwarded to the City in the form of a business check payable to the “Treasurer of the City of Warren” within five days of receipt of said fee from the vehicle’s owner. Said business check shall be forwarded to the attention of the Planning Director for processing.
(Ord. 11248/98. Passed 12-9-98.)

1165.14 VEHICLE DISPOSITION; EXCESSIVE STORAGE.

Any vehicle which has been impounded per this chapter for a period in excess of thirty days shall be deemed abandoned, and shall be auctioned or sold for scrap to defray the costs of towing, impoundment, storage and the administration of this Code. The vehicle shall only be auctioned or sold for scrap if the owner(s) fails to respond to a written “Notice of Vehicle Disposition” form served by certified mail, or posted in a conspicuous place upon the premises where the vehicle owner(s) resided, advising the owner(s) of the pending action and a time frame necessary for the owner(s) to come into compliance.

(Ord. 11248/98. Passed 12-9-98.)

1167.01 NONCONFORMING USES.

Any lawful building or structure or use existing on the effective date of this Zoning Ordinance may be continued although such building, structure or use does not conform to the regulations of the district in which it is located. In case a building, structure or use is made nonconforming with the regulations of a district by reason of amendment to the district boundaries of this Ordinance, such nonconforming building, structure or use may be continued.

No building or structure or the nonconforming use of a building, structure or land, shall be hereafter extended or altered unless such extension or alteration shall conform to the provisions of this Ordinance for the district in which it is located. However, a nonconforming use may be extended throughout those parts of the building which were manifestly arranged or designed for such use prior to the effective date of this Ordinance, provided no structural alterations, except those required by law or ordinance, are made therein.

A nonconforming use may be changed to one of a similar or higher classification, but no building in which a nonconforming use has been changed to a more restricted use shall again be used or occupied by a less restricted use.

Structural alterations of a building or structure, which do not conform to the requirements of this Ordinance may be made only if such building or structure is made to conform to the requirements of the district in which it is located.

No nonconforming use may be re-established where such nonconforming use has been discontinued for a period of at least one year. Any nonconforming building or structure damaged by fire, explosion, flood, riot or act of God may be reconstructed and used as before any such calamity, provided the building has not been destroyed to an extent of more than two-thirds of its fair value, and provided such reconstruction takes place within twelve months of the calamity.

(Ord. 4520/53. Passed 12-28-53.)

1167.02 SPECIAL PROVISIONS.

Only one main building may be located on any lot in any Residence District, including thereon the customary accessory buildings.

Parapet walls not exceeding four feet in height, chimneys, ventilators, cooling towers, elevators, bulkheads, tanks, radio and television towers, ornamental towers, monuments, cupolas, domes and spires may be erected above the height limits established.

Every part of a yard required herein shall be open and unobstructed from the lowest point at the ground level to the sky, except for the ordinary projections of window sills, belt courses and other ornamental features to the extent of not more than four inches.

No building may be built on any lot which does not abut at least one public street.

No lot shall be reduced in area so that yards, lot area per family, lot width or other requirements of this Zoning Ordinance are not maintained. This provision shall not apply when a portion of a lot is acquired for a public purpose.

(Ord. 6171/63. Passed 12-2-63.)

1167.03 FENCES AND WALLS.

Fences or walls not more than six feet high may be erected in any residence district, provided no fence, wall or shrubbery shall be maintained within twenty-five feet of any street intersection so as to interfere with traffic visibility around the corner. All solid fences in the front yard shall be limited to thirty-six inches in height, so as not to obstruct vision to the sidewalk or street. Open fences such as chain-link fences shall be limited to five feet in height in the front yard setback area.

On corner lots, solid fences shall have the same setback as the house on the street side of the lot.

(Ord. 10396/92. Passed 5-27-92.)

1167.04 SOLID WASTE DISPOSAL AND TREATMENT FACILITIES.

(a) For purposes of this section, "solid waste disposal facility" includes, but is not necessarily limited to: a medical waste or toxic waste disposal facility; a medical waste or toxic waste landfill or dump; a medical waste or toxic waste transfer station; a medical waste or toxic waste treatment facility; or similar facilities.

Notwithstanding any provisions in the preceding sentence to the contrary, for purposes of this section "solid waste disposal facility" does not include any municipal solid waste recycling facility, any municipal solid waste processing facility, any municipal solid waste material recovery facility, any municipal solid waste transfer station or any municipal solid waste disposal or treatment facility or site which would enhance the operation of the City's Sanitation Department and which would otherwise be lawful. Notwithstanding any provisions in this section to the contrary, for purposes of this section "solid waste disposal facility" does not also include any medical waste disposal or treatment facility which will dispose of or treat only medical waste generated on the same premises as the facility.

(Ord. 10568/93. Passed 9-22-93.)

(b) Notwithstanding any provisions within these Codified Ordinances to the contrary no solid waste disposal facility shall be constructed within the corporate limits of the City, and any such construction is hereby expressly prohibited.

(c) The lawful use of any building, structure, land or premises as a solid waste disposal facility at the time of the effective date of this section constitutes a nonconforming use and may be continued as a nonconforming use. No solid waste disposal facility lawfully existing at the time of the effective date of this section shall be expanded, and any such expansion is hereby expressly prohibited.

(Ord. 10153/90. Passed 7-11-90.)

1169.01 PURPOSE.

(a) In order to accommodate the communication needs of residents and businesses while protecting the public health, safety, and general welfare of the community, Council finds that the provisions of this chapter are necessary in order to:

(1) Facilitate the provision of wireless telecommunication services to the residents and businesses of the City; and

(2) Minimize adverse visual effects of towers through careful design and siting standards; and

(3) Avoid potential damage to adjacent properties from tower failure through structural standards and setback requirements; and

(4) Maximize the use of existing and approved towers and buildings to accommodate new wireless telecommunications antennas in order to reduce the number of towers needed to serve the community.

(b) To this end, the City allows wireless communication antennas only through a discretionary permit process to ensure that development conforms with City requirements and is compatible with its surrounding neighborhood. To facilitate the evaluation process for individual permit applications, the following critieria listed in this chapter are established to clearly identify the project characteristics necessary for approval.

(Ord. 11111/97. Passed 12-10-97.)

1169.02 POLICY.

New wireless communication antennas shall be sited to minimize visual impacts. New freestanding monopoles shall not be implemented where building mounting or collocated facilities are feasible and would reduce visual impacts. Wireless communication service providers are encouraged to design new monopoles to accommodate future collocated facilities of lesser height and to cooperate in efforts to collocate new antennas on existing facilities. All new monopoles shall be time-conditioned to allow periodic evaluation of opportunities for collocating additional antennas on the approved facility and an assessment of technological changes that may allow reduction in the height of the pole or otherwise reduce its impacts. In cases where new monopoles are necessary, the poles and antennas shall be designed and located to minimize visibility. Additional landscaping, or other visual amenities shall be considered to compensate for visual impacts of the use.

(Ord. 11111/97. Passed 12-10-97.)

1169.03 DEFINITIONS.

As used in this chapter:

(a) “Communications tower” means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging, telephone and wireless communications towers, and similar services that are marketed to the general public. Tower types include, but are not limited to, guyed towers, wooden poles, lattice towers, and monopoles.

(b) “Wireless communications facility” means an unstaffed facility for the transmission and/or reception of radio frequency (RF) signals usually consisting of an equipment shelter or cabinet, a support structure and/or other transmission and reception devices.

(c) “Attached wireless communications facility” means a wireless communications facility that is affixed to an existing structure (i.e., any existing building, tower, water tank, utility pole, etc.).

(d) “Antenna” means any exterior apparatus designed for telephonic, radio, or television communications through the sending and/or receiving of electromagnetic waves. Antenna types include, but are not limited to omni-directional “whip” antennas, directional “panel” antennas, and ancillary antennas.

(e) “Collocation” means the use of a single support structure and/or site by more than one wireless communications provider.

(f) “Public utility facilities” means facilities for the transmission, distribution, or collection of electric, telephone, telegraph, cable television, natural gas, water and sewer utility services, and the transportation of people.

(g) “Related equipment” means all equipment ancillary to the transmission and reception of voice and data via radio frequencies. Such equipment may include, but is not limited to, cable, conduit and connectors.

(h) “Equipment enclosure” means a small structure, shelter, cabinet, vault used to house and protect the electronic equipment necessary for processing wireless communications signals. Associated equipment may include air conditioning and emergency generators.

(Ord. 11111/97. Passed 12-10-97.)

1169.04 APPROPRIATE ZONING DISTRICTS.

(a) For purposes of this subsection (a), “Residence District” means any zoning District provided for within Chapter 1139, Chapter 1141 and Chapter 1159. In addition, for purposes of this subsection (a), “Residence District” means any District provided for within Chapter 1155 that encompasses residential uses.

Neither a communications tower nor an antenna is a permitted use of any land located within a Residence District. No person shall build, erect or construct a communications tower or antenna upon any land located within a Residence District unless and until a variance therefor is granted by the Board of Zoning Appeals. No such variance may be granted unless the following requirements are satisfied:

(1) The applicant has demonstrated by clear and convincing evidence that the proposed antenna cannot be located on any other existing communications tower in the vicinity; and

(2) The proposed communications tower will be placed a minimum of one hundred (100) feet from every property line; and

(3) All related buildings and structures will be architecturally compatible with any adjacent structures; and

(4) Screen fencing and landscaping will be used for safety, aesthetic, and buffer purposes; and

(5) The applicant has demonstrated by clear and convincing evidence that a technically suitable and feasible site is not available in a non-Residence District; and

(6) The proposed communications tower is the least aesthetically intrusive tower for the neighborhood and function; and

(7) The applicant can and does comply with any other applicable zoning requirements and has obtained, or can and will obtain, all other appropriate governmental approvals.

Any communications tower and antenna built, erected or constructed to date upon any land located within a Residence District shall be, and hereby is, a nonconforming use. Any such communications tower and antenna shall be permitted to remain, and it may be used as a collocation for any new antenna so long as a variance therefor, as previously discussed with this section, is granted.

No communications tower or antenna to be built, erected or constructed within a Residence District shall exceed seventy (70) feet in height.

Notwithstanding any provisions to the contrary existing previously within this subsection (a), towers not in excess of seventy (70) feet in height and supporting an amateur radio antenna(s) are a permitted use of any land located within a Residence District, without the need of a variance therefor, so long as they are located within the rear yard.

(b) Communications towers and antennas may be located, built, erected or constructed in the following zoning districts, subject to the following limitations:

(1) Any Commercial District provided for within Chapter 1147, any Manufacturing A District provided for within Chapter 1151, and any Planned Unit Industrial District provided for within Chapter 1157:

A communications tower (except for a lattice tower) with a height not exceed one hundred (100) feet. A lattice tower is not a permitted use of any land located within any of these districts.

(2) Any Manufacturing B District provided for within Chapter 1151:

A communications tower with a height not exceeding two hundred (200) feet.

(c) All permitted communications towers and antennas shall be set back a distance of one hundred fifty (150) feet from the street right-of-way.

(d) No person shall build, erect or construct a communications tower or antenna not permitted by this chapter unless and until a variance therefor is granted by the Board of Zoning Appeals.

(e) Structure Mounted Antenna. In all zoning districts, towers, antennas, and all related facilities mounted on buildings, water tanks, or other structures other than free-standing or guyed communications towers must not extend more than fifteen feet above the highest part of the structure. The antenna shall project less than fifteen feet above the highest part of the structure. The antenna shall project less than fifteen feet above the building surface on which it is located (an additional foot of height can be added for every fifteen feet the antenna is set back from the building parapet to a maximum height of twenty feet), or the antenna is located on an existing building that is legally non-conforming in terms of height and the antenna does not project above the building. Building mounted or existing tower mounted antennas may be permitted. The height limitations for free-standing towers do not apply to structure mounted antennas. Antennas mounted on buildings or other structures shall be located to minimize visual impacts and shall be architecturally integrated into the structure. The construction of new architectural elements shall be considered as a means of providing additional height and of camouflaging antennas. Ancillary equipment shall be adequately screened. When possible, the antenna shall be architecturally integrated into the building, and all ancillary equipment shall be adequately screened. The use of steeples, bell towers, and water towers is encouraged.

(Ord. 11762/04. Passed 4-14-04.)

1169.05 INAPPROPRIATE LAND USE DESIGNATIONS.

No towers or antennas shall be established in any City park, except in the case where a water tower is present. For this exception, the antennas may be mounted to the water tower.

(Ord. 11111/97. Passed 12-10-97.)

1169.06 SITING CRITERIA.

(a) Visual Impacts. Alternatives analysis: In siting new wireless antennas, service providers shall explore alternatives to new monopoles and towers that reduce visual impacts. Applications for new free-standing monopoles or towers shall include a thorough analysis of the potential for collocation or building-mounted alternatives as a means of reducing visual clutter. At a minimum, this analysis shall identify the location of all existing monopoles and towers, and water towers within a half-mile radius of the proposed site. Applications shall provide an explanation of why collocation has not been proposed at each of these sites and access the potential for building-mounted alternatives.

Free-standing monopoles: New free-standing monopoles shall be located and designed to minimize public visibility. Where visibility cannot be avoided, additional landscaping or other visual amenities shall be provided to compensate for the visual impact of the use. Ancillary equipment shall be adequately screened. Antennas shall be integrated into the architecture of the building and camouflaged when possible.

(b) Height. Monopoles shall conform to the zoning district height limits established above. Monopoles may exceed the Zoning Code height limit where a variance can be granted provided that public visibility is minimal or additional landscaping or other visual amenities are provided to compensate for the visual impact to the use. A building or structure-mounted antenna may exceed the zoning height limit where a variance can be granted when the proposal is architecturally integrated into the building. The height of antennas mounted on top of building shall be in proportion to the height of the building.

(c) Collocation of Facilities on a Single Monopole. Collocation is allowed provided the facilities do not increase the original height to the monopole by more than fifteen feet and the ancillary equipment cabinet or building is adequately screened and does not eliminate required parking.

(d) Setback from Residential Uses. Free-standing monopoles shall be located no closer to a residentially occupied structure than one foot for every one foot of structure height. Substantial landscaping, (ten feet minimum) shall be provided to buffer the adjoining residential uses. Building or structure-mounted antennas shall be located a minimum of fifty feet horizontally from any residentially occupied structure.

(e) Front Yard Setback. No tower, monopole or antenna shall be located in the front setback area of any lot, nor in the side yard setback area adjoining the street on a corner lot in any zoning district in the City.

(f) Parking. Wireless communications facilities shall not reduce existing parking on the site unless the zoning district parking requirements can still be met.

(g) Vacant Sites. Wherever possible, monopoles developed on vacant sites shall be removed and replaced with building-mounted antennas when the site is developed.

(h) Signs, Lights, and Attachments. No monopole, tower, or antenna shall have attached to it any sign for the purpose of advertising, nor shall it have any lights, reflectors, flashers, or other illuminating device attached or affixed to it in any way except during time of repair or installation, except as required by the Federal Aviation Agency or the Federal Communications Commission, nor shall it have constructed thereto, in any way, any platform, catwalk, crow’s nest, or like structure, except during times of construction or repair. When incorporated into the approved design of the tower, light fixtures used to illuminate ball fields, parking lots, or similar areas may be attached to the tower.

(i) Protected. All monopoles and towers affixed to the ground shall be protected to discourage climbing of the tower by unauthorized persons.

(Ord. 11111/97. Passed 12-10-97.)

1169.07 INTERFERENCE AND ACCESS ISSUES.

Wireless communication service providers shall take prompt action to resolve handset interference with hearing aids, assisted listening devices, cochlea implants and other electronic equipment designed to serve people with disabilities and should ensure that communication services are accessible to persons with disabilities. In order to keep the City informed regarding progress in resolving these issues, companies providing wireless communication service in Warren, Ohio shall submit annual reports to the Director of Planning on October 1 of each year describing interference and access problems associated with their services in regard to hearing aids, assertive listening devices, and cochlea implants. The report shall summarize efforts being made to resolve these problems.

(Ord. 11111/97. Passed 12-10-97.)

1169.08 PERMIT STREAMLINING.

In order to encourage building-mounted facilities and the sharing of monopoles by two or more communication companies, this chapter allows communication facilities to be approved and a zoning permit to be issued where the proposed facilities are located in conformance with the criteria established in this chapter.

Application Requirements. The applicant for a zoning permit for construction of a communications tower or placement of a commercial telecommunications antenna on an existing structure other than a tower previously permitted must file with the Planning Department Division on an application accompanied by the following documents, if applicable. If any of these materials represents proprietary information, the applicant must so designate those materials. Proprietary information will not be disclosed.

(a) Specifications. One copy of the typical specifications for proposed structures and antenna, including description of design characteristics and material.

(b) Site Plan. A site plan drawn to scale showing property boundaries, tower location, tower height, guy wires and anchors, typical design of proposed structures, parking, fences, landscape plan and existing land uses on adjacent property. A site plan is not required if the antenna is to be mounted on an approved existing structure.

(c) Tower Location Map. A current map, or update for an existing map on file, showing locations of applicant’s antenna, facilities, existing towers, and proposed towers which are reflected in public records, serving any property within the City.

(d) Antenna Capacity Wind Load. A report from a registered structural engineer (P.E.) specifying the tower antenna capacity by type and number, and a certification that the tower is designed to withstand winds in accordance with ANSI/EISA/TIA222 (latest revision) standards.

(e) Antenna Owners. Identification of the owners of all antennas and equipment to be located at the site as of the date of application.

(f) Owner Authorization. Written authorization from the site owner for the applications.

(g) FCC License. Copy of valid FCC license for the proposed activity, or proof that the applicant is the winning bidder for an FCC license at auction and that the final issuance of the FCC license purchased at auction is pending.

(h) Visual Impact Analysis. Pictures of any potential and aesthetic impacts on adjacent residential districts.

(i) Removal Agreement. A written agreement to remove the tower and/or antenna within 180 days of cessation of use.

(j) Section 1169.04 and Section 1169.06 Conditions Met. Applicant will provide written documentation that the applicable sections of this chapter are met.

(k) Reduction of Visual Impact. The applicant has taken reasonable measures to assure that the proposed communications tower, antenna, or accessory structure will be placed in a reasonably available location which will minimize the visual impact of the surrounding area (i.e. adjacent public right of way) in accordance with minimum standards of applicable federal and other regulations.

(l) Need for Location. Applicant must show that the proposed antenna and equipment could not be placed on a pre-existing facility under control of the applicant and function under applicable regulatory and design requirements without unreasonable modification.

(m) Necessity for Residential Location. Applicant for a permit in a residential area must show that the area cannot be adequately served by a facility placed in a non-residential area.

(n) Design for Multiple Use. Applicant must show that a new tower is designed to accommodate the applicant’s potential future needs to the extent that those future needs may be determined at the time of application.

(o) Safety Codes. Applicant must show that all applicable health, nuisance, fire and safety codes are met.

(p) Paint and Illumination. A tower must be finished in a standard metal galvanized metal finish or painted in a color to minimize visual obtrusiveness and must not be illuminated unless otherwise required by state or federal regulations.

(q) Distance from Existing Tower. A permit for a tower within 1,000 feet of an existing tower will not be granted unless the applicant certifies that the existing tower does not meet the applicant’s structural specifications or technical requirements, or that a collocation agreement could not be obtained at commercially reasonable terms and conditions, including price.

(r) Applicability of Other Zoning Laws and Regulations. Municipal laws and regulations relating to ground structures, fencing, etc., with exception of setback and height, shall apply to this use.

(s) Minimum Setbacks. A tower must be set back in accordance with Section 1169.04(a)(5), and the setback of the proposed tower must be shown on the site plan.

(Ord. 11111/97. Passed 12-10-97.)

1169.09 TEMPORARY ANTENNA TRAILER.

The use of a temporary antenna trailer shall be in conformance with the following conditions:

(a) The temporary antenna trailer shall not exceed the height specified in Section 1169.04(a); and

(b) The temporary antenna trailer will operate for no more than six months at the site no temporary antenna trailer has operated within 1250 feet of the proposed site in the previous two years; and

(c) The issuance of a zoning permit is only for the temporary testing of operation or design of the wireless communications network and not for a permanent installation on that site; and

(d) No more than one temporary antenna trailer per site may be permitted at any given time; and

(e) The temporary antenna trailer shall be located a minimum of fifty feet from the property line; and

(f) No temporary antenna trailer shall block any circulation aisles of any parking lot; and

(g) The temporary antenna trailer shall comply with all applicable Building and Fire Safety Codes; and

(h) All necessary permits shall be obtained prior to the installation of the temporary antenna trailer; and

(i) Revocation of any permit issued hereunder shall be in accordance with the provisions of the type of permit issued.

(Ord. 11111/97. Passed 12-10-97.)

1169.10 ZONING PERMIT FEES.

The following zoning permit fees apply:

	Fee
Temporary antenna trailer fee	$ 150.00

Permanent tower, monopole or antenna permit, fee (for those defined in this chapter)	500.00

Antennas mounted to an existing structure	250.00

(Ord. 11111/97. Passed 12-10-97.)

1169.11 REMOVAL OF COMMUNICATIONS TOWERS AND ANTENNAS.

In the event a communications tower or antenna becomes obsolete or non-functional, the owner thereof, at the owner’s expense, shall completely remove said tower or antenna within ninety (90) days.

(Ord. 11762/04. Passed 4-14-04.)

1169.99 PENALTY.

The penalty for noncompliance of any of the provisions of this chapter shall be as established in Section 1133.99.

(Ord. 11111/97. Passed 12-10-97.)

1170.01 PERMIT REQUIRED.

Within the City, no person, firm or corporation shall install, construct or erect, or commence the installation, construction or erection of, a satellite earth station designed to receive television signals from satellites without first securing a permit in accordance with the provisions of this chapter.

(Ord. 9551/85. Passed 4-10-85.)

1170.02 APPLICATION FOR PERMIT; PLANS.

The owner, part owner or occupant of any lot, premises or parcel of land within the City who desires to install, construct or erect, at such location, a satellite earth station designed to receive television signals from satellites shall apply to the Building Department for the permit referred to in Section 1170.01.

The Building Department shall issue such permit provided the applicant:

(a) Submits a written application for such permit upon forms furnished by the Building Department along with a plot plan of the lot or parcel showing the location of the existing buildings and the location of the proposed device itself and a description of it. Each plot plan shall show the name and address of the property owner(s), the occupant(s) of the premises, and the name of the installer or other person(s) who will be permitted to erect the proposed device.

(b) Meets all requirements of this chapter and any other applicable ordinances of the City.

(c) Submits with the application a fee in the amount of twenty-five dollars ($25.00). This permit fee shall cover the cost of plan review and inspection of the construction at the site of erection.

(Ord. 9551/85. Passed 4-10-85.)

1170.03 DEVICES WITHIN RESIDENCE DISTRICTS.

(a) Ground-Mounted. Within residence districts, the following provisions, conditions and requirements shall apply to each ground-mounted satellite earth station designed to receive television signals from satellites.

(1) Such station shall contain no graphic message or advertising of any kind.

(2) Such station shall be considered an accessory structure and shall comply with the following conditions and requirements:

A. It shall be located to the rear of the main building on the property in question and be at a minimum elevation for unobstructed reception.

B. It shall not be located closer than five feet to a rear lot line, five feet from a side lot line, or one foot from any easement.

C. It shall be mounted in a concrete base in line with grade and only metal supports shall be utilized.

D. It shall be designed to withstand a wind force of up to seventy miles per hour without the use of supporting guy wires.

(b) Roof-Mounted. No roof-mounted satellite earth station designed to receive television signals from satellites shall be installed, constructed, erected or maintained in residence districts.

(Ord. 9551/85. Passed 4-10-85.)

1170.04 DEVICES WITHIN NONRESIDENCE DISTRICTS.

(a) Ground-Mounted. Within nonresidence districts, the following provisions, conditions and requirements shall apply to each ground-mounted satellite earth station designed to receive television signals from satellites.

(1) Such station may contain a graphic message or advertising.

(2) Such station shall be considered an accessory structure and shall comply

with the following conditions:

A. It shall be located to the rear of the main building on the property in question and be at a minimum elevation for unobstructed reception.

B. It shall not be located closer than thirty feet to a public right of way, five feet to a rear lot line or side lot line or fifteen feet to a lot line of a lot, parcel or premises located in a residence district.

C. It shall be mounted in a concrete base in line with grade and only metal supports shall be utilized.

D. It shall be designed to withstand a wind force of up to seventy miles per hour.

(b) Roof-Mounted. Within nonresidence districts, a roof-mounted satellite earth station designed to receive television signals from satellites shall be permitted subject to the following conditions:

(1) It shall be considered an accessory structure.

(2) It shall be mounted directly on the roof of a main or accessory building and shall not be mounted on appurtenances such as chimneys, towers that are a part of the structure, or spires.

(3) It shall not exceed the height needed for unobstructed reception, but in no case shall it be higher than fifteen feet from the point at which such station is mounted on the roof.

(4) It shall be designed to withstand a wind force of up to seventy miles per hour.

(Ord. 9551/85. Passed 4-10-85.)

1171.01 DEFINITIONS.

For the purpose of this chapter, the following words are defined and shall have the

meaning ascribed to them as hereafter set forth:

(a) "Conduct" or "conducted" shall include, but not be limited to, the sale or display for the purpose of sale, lease, exchange or purchase.

(b) "Permanent commercial business" means a retail or wholesale business which is housed within an enclosed building or structure and conducted on an ongoing, continual basis. Permanent commercial businesses may include related outdoor sales and/or displays.

(c) "Sale" or "sold" shall include, but not be limited to, sale, exchange, purchase, lease or other display with the intent to sell, exchange or lease merchandise or goods.

(d) "Temporary retail or wholesale commercial outdoor sales and displays" means, but not be limited to, sales and displays for the purpose of sale, lease, exchange or purchase, which are not associated with an adjacent permanent commercial business and which are not conducted on an ongoing, continual basis.

(Ord. 12464/13. Passed 3-27-13.)

1171.02 PERMANENT COMMERCIAL OUTDOOR SALES AND DISPLAYS.

(a) All new retail and wholesale permanent commercial businesses where items are sold shall be conducted within a completely enclosed building unless otherwise provided for by the regulations of this chapter.

(b) No merchandise shall be sold, displayed or advertised within the public right-of-way.

(c) No merchandise shall be sold, displayed or advertised in such a way that it creates a public hazard or encroaches on a required building exit or pedestrian access ways.

(d) The merchandise to be sold or displayed shall be of the same type that is regularly displayed and sold as part of the primary business.

(e) All existing retail and wholesale commercial businesses which have outdoor sales and displays which do not conform with the provisions of this chapter shall be removed or altered in conformance with these regulations within thirty days of the effective date of the ordinance codified in this chapter.

(f) New retail and wholesale permanent commercial outdoor sales and display activities may be permitted to operate outdoors within their respective zoning districts subject to the issuance of a department review permit by the Planning Commission.

(g) Existing retail and wholesale permanent commercial outdoor sales and display activities which conform to the provisions of this chapter may continue to operate outdoor sales and displays.

(h) Permanent retail and wholesale commercial outdoor sales and display are permitted as follows:

(1) Automobile, boat, trailer, camper, and motorcycle sales and rentals;

(2) Building materials (such as lumber, concrete block, bagged cement, and other building materials typically found within building materials sales yards), supplies and small construction equipment sales and rentals;

(3) Construction equipment sales and rentals;

(4) Fruit and vegetable stands;

(5) Horticultural nurseries;

(6) Gasoline pumps, oil racks, and accessory items when located on pump islands;

(7) Outdoor recreational uses (such as miniature golf courses, radio controlled hobbies, etc.);

(i) The following uses may be permitted to operate outdoor displays when associated with a business which is primarily conducted within an enclosed building:

(1) Florist shops;

(2) Lawnmower shops; and

(3) Tire shops;

(j) Other activities and uses similar to those permitted uses listed above, where the outdoor sales and/or display is related to the permanent business which is primarily conducted within associated enclosed buildings. The Planning Commission shall make the following findings before approving any other activities of similar use:

(1) The operation of the requested use at the location proposed will not jeopardize, endanger, or otherwise constitute a menace to the public health, safety, or general welfare;

(2) The proposed site is adequate in size and shape to accommodate the use without material detriment to the use and enjoyment of other properties located adjacent to and in the vicinity of the site;

(3) The proposed site is adequately served by streets or highways having sufficient width and improvement to accommodate the kind and quantity of traffic that the use will or could reasonably be expected to generate; and

(4) Adequate parking to accommodate vehicular traffic to be generated by the use will be available either on-site or at alternative locations as approved by the Planning Commission;

(k) Vending machines, including weigh scales, when accessory to a business conducted within a building. (Ord. 12464/13. Passed 3-27-13.)

1171.03 TEMPORARY COMMERCIAL OUTDOOR SALES AND DISPLAYS.

The following provisions shall apply to all temporary retail or wholesale commercial outdoor sales and displays:

(a) Temporary retail and wholesale commercial outdoor sales and displays may be allowed subject to review by the Department of Engineering, Planning and Building and issuance of a temporary outdoor display permit at a fee of twenty-five dollars ($25.00) per application.

(b) Permits will only be issued to persons or businesses holding an active business license at the time of the application for such permit. Permits may be issued to licensed nonprofit organizations operating temporary commercial outdoor sales and displays, consistent with city ordinances, with the written consent of the property owner holding an active business license.

(1) For the same location more than four times in any calendar year, and

(2) More than once within any 30-day period, and

(3) For an aggregate total greater than 14 days per calendar year.

(d) No merchandise shall be sold, displayed or advertised in the public right-of-way.

(e) No merchandise shall be sold or displayed in more than 10 percent of the area(s) required to meet the parking requirements.

(f) No merchandise shall be sold or displayed in such a way that it creates a public hazard or encroaches on a required building exit or pedestrian access ways.

(g) The sale or display of merchandise shall be restricted to those sides of the building where customer entrances are located.

(h) The merchandise to be sold or displayed shall be of the same type that is regularly displayed and sold at the business location, except where the temporary sale or display is permitted for a nonprofit, political or religious organization.

(i) Safe vehicle ingress and egress shall be provided at all times.

(j) Merchandise shall only be displayed during the hours that the business conducted inside the building on the premises is open for business.

(k) All commercial outdoor sale and display merchandise shall be removed at the close of the business and redisplayed on the following business day.

(Ord. 12464/13. Passed 3-27-13.)

1171.04 NONCONFORMING COMMERCIAL OUTDOOR SALES AND DISPLAYS

All existing retail and wholesale commercial businesses which have outdoor sales and displays which do not conform to these regulations shall be deemed to be nonconforming and shall be removed or altered in conformance with these regulations.

(Ord. 12464/13. Passed 3-27-13.)

1171.05 AMORITIZATION OF EXISTING NONCONFORMING COMMERCIAL OUTDOOR SALES AND DISPLAYS

(a) All existing retail and wholesale commercial businesses which have outdoor sales and displays which are nonconforming to the requirements of these regulations shall either be removed or made conforming at the expense of the owner. All existing commercial outdoor sales and displays shall conform to the requirements of these regulations within the period of time prescribed herein.

(b) All existing nonconforming retail and wholesale commercial outdoor sales and displays shall be made conforming within thirty days of the effective date of the ordinance codified in this chapter.

(Ord. 12464/13. Passed 3-27-13.)

1171.99 PENALTY

(a) A violation of this chapter shall be punishable as a misdemeanor, except as otherwise provided herein.

(b) Except in cases where a different punishment is specifically prescribed elsewhere in this chapter, every misdemeanor offense is punishable by imprisonment in the city or county jail for a period not exceeding six months or by fine not exceeding $1,000, or by both; provided, that where the Warren Municipal Prosecutor determines that such action would be in the interest of justice, the Warren Municipal Prosecutor may specify in the accusatory pleadings that the offense shall be an infraction.

(c) (1) Except as otherwise prescribed elsewhere in this chapter, every offense specifically declared to be an infraction is punishable by a fine not exceeding $100.00 for a first violation, a fine not exceeding $200.00 for a second violation of the same provision within one year, and a fine not exceeding $500.00 for each additional infractional violation of the same provision within one year. An infraction is not punishable by imprisonment. A person charged with an infraction shall not be entitled to a trial by jury and shall not be entitled to have the public defender or other counsel appointed at public expense to represent him unless he is arrested and not released on his written promise to appear, his own recognizance, or a deposit of bail. However, any person who has previously been convicted two or more times during any 12-month period for any crime made punishable as an infraction shall be charged guilty of a misdemeanor upon the third violation.

(2) Payment of any penalty herein provided shall not relieve a person, firm, corporation, or any other entity from the responsibility of correcting the condition resulting from the violation. In addition to the above penalties, the court may order that the guilty party reimburse the city for all of its costs of investigating, analysis and prosecuting the enforcement action against the guilty party; the court shall fix the amount of any such reimbursement upon submission of proof of such cost by the City of Warren.

(d) These provisions are not intended to and shall not limit the City of Warren's right or ability to seek civil action to enforce this chapter, and all remedies sought by the City of Warren shall be cumulative and nonexclusive.

(Ord. 12464/13. Passed 3-27-13.)

Warren City Zoning Code

TITLE SEVEN

Zoning Districts and Regulations

APPENDIX ZONING MAP CHANGES

Ord. No.	Date	Description
6206	3-2-64	Lot 4 of Perkinswood Business Plat No. 1 from RA to CB District.
6208/6	3-16-64	Property annexed by Ord. 6177/63, passed 12-16-63, designated RA District.
6209/64	3-16-64	Property annexed by Ord. 6189/64, passed 1-6-64, designated RA District.
6250/64	6-1-64	Parts of Lots 10 and 11 east of Laird Ave. S. E., at Youngstown Rd. from RA to CB District.
6252/64	6-15-64	Lot 18 and part of Lot 19, Evergreen Park Allotment, from RB to RC District.
6253/64	6-15-64	Lots 20 and 21 and parts of Lots 19 and 22, Evergreen Park Allotment, from RB to RC District.
6254/64	6-15-64	Parts of Lots 103 and 104, Perkinswood Plat, from RA to RB District.
6255/64	6-15-64	Property annexed by Ord. 6229/64, passed 4-27-64, designated RA District.
6291/64	9-21-64	Parts of Lots 12 and 13, at intersection of Atlantic and Adams Sts. N.W., from RB to CA District.
6292/64	9-21-64	Part of Lot 13, Atlantic St. N.W., from RB to CA District.
6293/64	9-21-64	Parts of Lots 3 and 4, Van Gorder Addition, from CA to CB District.
6294/64	9-21-64	Lot 4 of a 10-lot plat at NW corner of intersection of Palmyra Rd. S. W. and Austin Ave. S.W. from RA to CA District.
6315/64	11-2-64	Part of Lot 99 and all of Lot 100, Perkinswood Plat, from RA to RB District.
6322/64	11-16-64	Outlot 62, Westgard's Addition (1181 Robert Ave, N.W.), from RA to RB District.
6374/65	3-15-65	Outlot 60, 1195 Tod Ave. N.W., from RA to RB District.
6375/65	3-15-65	Lot 1130, 1130 Tod Ave. S.W., from RA to CB District.
6376/65	3-15-65	Lot 1131, 820 Palmyra Rd. and 720 Tod Ave. S.W. from RA to CB District.
6387/65	4-5-65	Property described by Ord. 6370/65 zoned as RA District.
6473/65	9-7-65	Part of Sections 21 and 28 of original Warren Township Survey from RB to CB District.
6526/65	12-6-65	Property annexed by Ord. 6476/65, passed 9-20-65, designated RA and RB District.
6530/65	12-13-65	All of Lots 5 through 8 in R. S. Winnagle's First Addition from RA to CB District.
6595/66	6-6-66	City Lots 1105, 1106 and 1107 from RA to CB District.
6623/66	7-18-66	Property annexed by Ord. 6598/66 zoned CB District.
6737/67	2-20-67	Lots 37 and 39, Lakeside Drive, S. E., from Residential A to Residential B.
6742/67	3-6-67	Part of Section 14 of the original survey of Warren Township from Residential A to Residential B.
6754/67	4-3-67	Lots 14 through 22 and part of Lot 23 of the Evergreen Park Allotment from Residential C to Commercial A.
6870/68	2-5-68	Part of Section 31 of the original survey of Howland Township from Residential A to Commercial B.
6891/68	4-1-68	An area bounded on the north by Roman St. S.E., on the south by Van Wye St. S.E., on the east by Niles Rd., S.E. and on the west by Thomas Rd., S.E., from Manufacturing A to Residential A.
6988/69	1-20-69	Land near Sublot 88 in Red Fox Hollow Plat No. 2 and land near SW corner of Sublot 156 in Jamestown Village Plat No. 2 from Residential A to Residential B.
7060/69	9-2-69	15.473 acres being part of Lot 33 in the original survey of Warren Township from Residential A to Commercial A.
7065/69	9-15-69	12.24 acres being part of Section 11 of the original survey of Warren Township zoned Commercial B.
7071/69	10-6-69	Lot 6 in the Gore Plat No. 1 fronting on York Avenue from Residential A to Residential B.
7125/70	3-9-70	Part of Sections 6 and 13 of the original survey of Warren Township containing 32.11 acres, zoned Commercial B.
7211	9-21-70	Part of Section 22 of the original survey of Howland Township containing 1.214 acres from Residential A and Residential B to Residential C.
7216/70	10-5-70	151.934 acres in District 16: Parcels I to IV, fronting on Heaton- North Road zoned Residential A; balance of property zoned Residential B.
Ord. No.	Date	Description
7236/70	12-7-70	Lot 73 in Woodlawn Addition at approx. 1030 Woodbine, S.E. from Residential A to Commercial B.
7283/71	4-19-71	Lot 35 and part of Lot 4 on Youngstown Road, S.E. in Western Reserve Garden Acreage from Residential A to Commercial B.
7307/71	7-6-71	Part of Section 33 of the original Warren Township, newly annexed, zoned Residential B.
7308/71	7-6-71	2.392 acres being part of Section 33 of the original survey of Warren Township zoned Commercial B.
7321/71	7-19-71	Lots 1010, 8, 7 and 6 on Mahoning Ave. N. W. from Residential B to Commercial B.
7334/71	9-20-71	Approx. 12 acres in the vicinity of Tod Ave, York and Palmyra Road from Residential A to Residential B.
7340/71	10-4-71	Lot 12 of S. F. Dickey's Addition from Residential C to Residential A.
7341/71	10-4-71	9 acres at approx. 1520 Orleans Ave. from Residential A to Residential B.
7347/71	11-15-71	Part of Lot 33 in Palmyra Road area from Residential A to Residential B.
7363/71	12-6-71	Certain areas in NW section of City from Residential B and Commercial B to Residential A and Commercial B.
7369/71	12-6-71	Lots 300 and 301 at 1040 Perkinswood Blvd., S.E. from Residential A to Residential B.
7377/71	12-20-71	Part of Section 25 of the original survey of Howland Township, containing 36.84 acres, zoned Residential A; including 5.57 acres zoned Residential C; 6.4804 acres zoned Commercial B; 4.83 acres zoned Residential B; 7.658 acres zoned Commercial A.
7378/71	12-20-71	Lots 3 through 11 on Elm Road between Atlantic St. and Edgewood St. N.E. from Residential A to Commercial A.
7396/72	2-7-72	40.2 acres on North River Road from Residential B to Residential A.
7436/72	4-17-72	Property at 1958 Palmyra Road, S.W. from Residential A to Commercial A.
7486/72	7-17-72	Part of Section 18 of the original survey of Warren Township, containing 35 acres, zoned Residential B.
7488/72	7-17-72	520 acres at intersection of Risher Road (C.H. 108) and City corporation line zoned Residential A; including specific parcels zoned variously as Commercial B, Manufacturing A, Residential B and Commercial A.
7503/72	9-5-72	Property on Youngstown Road, S.E. from Pennsylvania RR tracks to Frances Ave., S.E. from Commercial B to Commercial A.
7524/72	10-23-72	Part of Sections 23, 24 and 30 of the original survey of Warren Township, containing 151.73 acres zoned as Planned Unit District.
7536/72	11-20-72	Property at approx. 255 - 266 Monroe St., N.W. from Residential B to Residential C.
7564/72	1-2-73	6.33 acres at approx. 2080 Risher Road from Residential A to Commercial A.
7599/73	3-19-73	Property at approx. 2421 Risher Road from Residential A to Residential B.
7606/73	4-2-73	.402 acre at approx. 1506 Youngstown Road, S.E. from Commercial A to Commercial B.
7664/73	7-16-73	2.502 acres at Main and South Streets, S.W. from Commercial B to Senior Citizens Multi-Family District.
7665/73	7-16-73	141.239 acres, part of Sections 23, 24 and 30 of the original survey of Warren Township from Residential A to Planned Unit District.
7772/74	1-21-74	Part of Section 34 at 1340 Palmyra Road, S.W. from Residential A to Commercial A.
7788/74	2-18-74	Property at 144 Scott Street from Residential B to Commercial B.
7799/74	3-11-74	5.0 acres of Lot 10 of the original survey of Warren Township zoned Commercial A.
8054/74	6-10-74	140 acres, part of Sections 39, 40 and 41 of the original survey of Howland Township zoned Commercial B.
8057/74	6-17-74	53 acres, part of Section 9 of the original survey of Howland Township zoned Commercial B.
8072/74	7-22-74	102 acres on North River Road, parts of Lots 7, 13 and 14 of the original survey of Warren Township zoned MB District.
8073/74	7-22-74	Both sides of Logan Ave., S.E. from Youngstown Road, S.E. north to East Market St. from Commercial B to Commercial A.
8078/74	7-22-74	135.34 acres, part of Sections 33, 34 and 37 of the original survey of Howland Township zoned Commercial B.
8288/76	2-23-76	Lots 386-388 of the Elmwood Allotment facing on Larchmont Ave., N.E. from Residential A to Commercial A.
8323/76	5-10-76	14.153 acres on Tod Ave., S.W. from Residential B to Residential A.
8339/76	6-14-76	Property at 333 Harmon St., N.W. from Residential B to Commercial A.
8381/76	11-8-76	Lots 18 and 19 in Dickey's First Addition on Tod Ave. N.W. containing 2 acres, from Residential A to Residential C.
8385/76	11-8-76	3.63 acres on Lovers Lane, N.W. from Commercial B to Residential A.
8490/77	7-25-77	Property in Liberty Steel area providing for industrial park zoned Manufacturing A.
8508/77	10-11-77	Parts of Sections 23 and 30 of the original survey of Warren Township zoned Planned Unit District.
8768/79	5-21-79	Lots 100, 101 and 102 at 1231, 1247 and 1261 Tod Place respectively, from Residential A to Residential C.
Ord. No.	Date	Description
8883/80	2-27-80	2.01 acres of Lot 6, Garghill Little Farms from Residential A to Residential B.
8890/80	3-26-80	Property on north side of Parkman Road, N.W. west of Mahoning River, formerly Dick's Tree Farm, from RA District to CB District.
8934/80	7-9-80	Sublots 7 and 8 in Stephens - Thomas Plat 1 at intersection of Parkman Road, N. W. and Northwest Blvd., N.W. (west side of Parkman) from RB District to CA District.
8955/80	9-24-80	25.49 acres, parts Sections 13, 18 and 19 of the original survey of Warren Township, bounded approx. by Reeves Road, Warren Outerbelt, J & B Enterprises and Heaton-North Road from RA District to RB District.
9232/82	9-8-82	Lots 221 and 264 and west half of Lots 220 and 265 on north side of Schenley Ave. and south of Winber Ave. from RA District to RC District.
9348/83	7/27-83	Property at 1200 North Rd., north of intersection of Atlantic St., N E., from Residential A to Residential B.
9362/83	9-28-83	Lot 85 at NE corner of E Market St. and Kenmore from Residential A to Residential B.
9412/84	1-11-84	Property at 1434 Central Parkway, S.E., from Residential A to Residential C.
9559/85	5-8-85	Property at 147, 157 and 169 Kenmore N.E.; 2155 E. Market St.; and Lots 4 and 5 on Belvedere N.E., from Residential A to Residential B.
9565/85	5-22-85	Property between Schenley Ave. and Wimber Ave., from Zone "RC" to Zone "CB".
9721/86	10-22-86	Property at 243 Charles Ave., S.E. to Residential B to establish apartments.
9731/86	11-12-86	Property at 2038-2044 Youngstown Rd., S.E. from Residential A to Commercial B for parking purposes.
9759/87	2-25-87	Property at 4395 Youngstown Rd., S.E. from Residential B to Residential C.
9760/87	2-25-87	Property at 459 Summit St., N.W. from Residential A to Commercial B, for business expansion purposes.
9827/88	10-28-87	Property on the north and south side of Porter St. N.E. between N. Park Ave. and Elm Rd. N. E. zoned Residential C for professional offices.
9930/88	7-13-88	Property at 1676 North Rd., S.E. from Residential A to Residential C to expand offices of Spence Management Services Inc.
9942/88	9-14-88	Property at 1642 North Rd., S.E. from RA Residential to RC Residential for development of professional offices.
9974/89	1-11-89	Property at 1337 Hazelwood S.E. from Residential A to Commercial A, for business expansion at 2208 Youngstown Rd.
9995/89	4-26-89	Property on the east side of Elm Rd. opposite and between the intersections of Wilson and Overland, in the 2400-2500 block of Elm Rd. to CB District.
10004/89	5-24-89	Establishes 14.159 acres bounded in part by Dietz Rd. (the Van Huffel Tube Corp. property) as a Manufacturing B District.
10099/90	3-14-90	Property at 1538 North Rd. S.E. from Residential A to Residential C.
10111/90	4-25-90	Property at 1104 West Market from Residential B to Commercial A.
10151/90	7-11-90	Rezones 79.66 acres south of the Warren Outer Belt and Parkman Rd. N.W. intersection to Manufacturing A.
10167/90	9-26-90	Property at 1545 North Rd. S.E. from Residential A to Residential C.
10178/90	11-14-90	Property on north and south sides of E. Market St. from railroad tracks next to Berk Paper and Supply Warehouse to Laird Avenue from Commercial B to Commercial A.
10442/92	10-28-92	Property in Park Avenue Allotment and Park Hedge Allotment rezoned to Manufacturing A.
10458/92	11-24-92	Property on the south side of Summit St. N.W. (Lot 10, Lambert Camp Addition) from Residential A to Manufacturing A.
10583/93	10-27-93	Property to the south of Youngstown Rd. between Ridge Ave. and Central Parkway from Residential A to Senior Citizens Multi-Family District.
10751/95	1-25-95	1780, 1792 and 1804 Elm Rd. N.E. (Lots 3-5, Dontas Plat) from Residential A to Commercial A.
10867/96	1-10-96	Austin Village Plaza on W. Market St. from Commercial B to Manufacturing A District.
11068/97	8-6-97	Property SW of Christ Our King Church, 1150 Tod Ave., S.W. to construct 64 units of elderly housing, from Residential A to Residential B.
11121/97	12-10-97	117 acres annexed to the City from Howland Twp. located on E. Market St. zoned CB (Commercial B) District.
11132/97	12-10-97	Property at 255 Chestnut St., S.E. from Commercial B to Manufacturing A District.
11201/98	7-22-98	Property at 2840 Youngstown Rd. S.E. (Lots 54, 55 and 218-220, Boulevard Extension Plat) from Residential A to Commercial B District.
11204/98	7-22-98	Properties at 2477, 2485 and 2495 Colonial St., S.E. from Residential A to Commercial A District.
11224/98	10-14-98	Rezoning Lot Numbers 158 and 159 of the Mahoning Crest Plat from Residential “A” to Commercial “B” for construction of a pharmacy.
11232/98	10-28-98	Lot Numbers 6 and 7 of the Roseway Plat No. 1 from Residential “A” to Commercial “B” for establishment of additional parking.
11303/99	6-9-99	2.33 acres annexed from Howland Twp. zoned CB Commercial B District.
Ord. No.	Date	Description
11333/99	10-13-99	Several lots in former Country Club View Plat from Residential A to Residential D District for construction of 84 condominium units.
11334/99	10-13-99	Lots 38, 40, 57 and 59 (5.625 acres) in Country Club View Plat from Residential A to Residential E District for construction of 48 condominiums.
11335/99	10-13-99	Former Lot 3 and parts of former Lots 15, 16 and 35 of Country Club View Plat from Residential A to Senior Citizens Multi-Family District.
11367/99	12-22-99	Property at 931 Buckeye St., N.W. from “RB” Residential to “RC” Residential District.
11531/02	1-9-02	134, 144 and 152 Charles St., N.E. and 137 Iddings N.E. from Residential A to Commercial B for business expansion at 1133 E. Market St.
11546/02	3-13-02	1400 Tod Ave. N.W. from Residential A to Commercial A District to establish commercial tenants.
11550/02	3-27-02	924 and 932 Columbia Place, S.E. (Lots 17 and 18) from Residential A to Commercial B District, for construction of warehouse.
11686/03	8-20-03	Last 120 ft. on N side of Market St. (old Rt. 82) and abutting the boundary of Howland Twp. for a depth of 450 ft. from Residential A to Commercial B for restaurant and liquor establishment.
11862/05	5-11-05	470 Belmont St. N.W. from Residential “B” to Commercial “A” District.
11863/05	5-11-05	3900 E. Market St. from Residential “A” to Commercial “B” District.
11872/05	6-8-05	307 Homewood Ave. S.E. from Commercial “A” to Residential “A” District.
11900/05	9-28-05	Lot 2, Country Club Acres Plat from Residential “A” to Residential “D” District.
11928/05	12-28-05	15.7880 acres on N side of E. Market St. (old Rt. 82), abutting Howland Twp. (E) and Up a Creek Restaurant (W) from Residential “A” to Commercial “B” District.
11959/06	5-1-06	8.9086 acres on SW corner of Palmura Rd. S.W. and Orleans Ave. S.W. intersection from Residential “A” to Residential “B” District to construct multi-family senior cottage style apartments.
12095/08	3-12-08	16.47 acres located on the south side of West Market St. from Commercial “B” to Manufacturing “A”.
12311/10	12-22-10	Real property known as Lot No. 17 in the Gibson Realty Development Plat No. 2 (i.e. Parcel No. 38-007550) at 1569 Woodland Street, N.E., from Residential “A” to Commercial “A”.
12378/11	12-14-11	The real properties known as Lot No. 24, Parcel No. 39-066866 and Lot No. 107, Parcel No. 39-066867 at 2186 Parkman Road, N.W., rezoned to “Commercial B”.
12403/12	3-28-12	Real property located at 1346 Larchmont Avenue, N.E. (i.e. Sublot No. 332, Parcel No. 38-048000 of the Elmwood Allotment) rezoned to “Commercial B”.
12713/17	4-12-17	Real property located at 2100 Griswold Extension, N.E., Parcel No. 44-694680, rezoned to “Manufacturing B”.
13050/2021	9-8-21	Real properties located at 1438 Buena Vista N.E., known as Parcel ID No. 38-319361, 713 Glenwood N.E., known as Parcel ID No. 38-319450, and 723 Glenwood N.E., known as Parcel ID No. 38-619950, collectively referred to as Lot 27A.
13051/2021	9-8-21	Real properties located at 3919 E. Market St., known as Parcel ID No. 44-205513, 3921 E. Market St., known as Parcel ID No. 44-205514, and 4013 E. Market St., known as Parcel ID No. 44-205515.

CODIFIED ORDINANCES OF WARREN

1139.01 RESIDENTIAL A USES GENERALLY.

All new structures shall have a brick or concrete block skirting from the bottom of the floor or siding to the ground, installed to proper frost depth.

(Ord. 11134/97. Passed 12-10-97.)

1139.02 RESIDENTIAL A USES; TWO-FAMILY DWELLINGS.

(Ord. 7518/72. Passed 10-2-72.)

1139.03 RESIDENTIAL B USES.

(a) Primary Use. Residential B uses shall permit multiple dwellings of three or less stories in height as their primary use.

(b) Secondary Uses. In addition to multiple dwellings of three or less stories in height, the following uses shall be permitted as secondary Residential B uses:

(1) Any secondary uses permitted in Residential B areas pursuant to Section 1139.05 .

(Ord. 10045/89. Passed 11-8-89.)

1139.04 RESIDENTIAL C USES.

(Ord. 10045/89. Passed 11-8-89.)

1139.041 RESIDENTIAL D USES.

Residential D uses shall permit single family detached condominiums of two and one-half or less stories in height as their primary use.

(Ord. 11309/99. Passed 7-14-99.)

1139.042 RESIDENTIAL E USES.

Residential E uses shall permit attached multi-family condominiums of two and one-half or less stories in height as their primary use.

(Ord. 11309/99. Passed 7-14-99.)

1139.05 SECONDARY RESIDENTIAL USES.

Secondary uses shall be permitted in Residence Districts as provided in the following chart:

Residential A	Residential B
Churches	All uses permitted in Residential A Districts
Colleges and universities	Clubs
Country clubs	Hospitals
Golf courses (excluding driving	Sanitariums
ranges and miniature	Institutions for children and the aged
golf courses)	Philanthropic institutions
Museums and art galleries	Home occupations
Libraries
Parks and playgrounds
Municipal buildings

Residential C
All Residential B uses
Professional Offices

Residential D
None

Residential E
None

(Ord. 11309/99. Passed 7-14-99.)

1139.06 SETBACK AND BULK REGULATIONS.

All construction in Residential Districts shall conform to the following setback and bulk regulations:

Further setback lines must conform with any State highway specifications.

(Ord. 9368/83. Passed 9-28-83.)

(b) Bulk Requirement.

(1)	Residential A
	Height limitation - 2 ½ stories or 35 feet.
	Minimum rear yard depth - 40 feet.
	Minimum lot area per family:
		Single-family - 7,000 square feet per family
		Two-family - 4,000 square feet per family
	Minimum lot width - 60 feet.
	Minimum side yard - 6 feet.
(2)	Residential B
	Height limitation - 3 stories or 45 feet.
	Minimum rear yard depth - 40 feet.
	Minimum lot area per family:
		1 story - 4,800 square feet
		2 stories - 2,900 square feet
		3 stories - 1,900 square feet.
	Minimum lot width - 60 feet.
	Minimum side yard - 10 feet.
(3)	Residential C
	Height limitation - 6 stories or 75 feet.
	Minimum rear yard depth - 40 feet.
	Minimum lot area per family:
		1 story - 2,400 square feet.
		2 stories - 1,465 square feet.
		3 stories - 985 square feet.
		4 stories - 745 square feet.
		5 stories - 625 square feet.
		6 stories - 570 square feet.
	Minimum lot width - 60 feet.
	Minimum side yard - 10 feet plus one foot additional for each three feet
		or fraction thereof of building height in excess of 45 feet.
	(Ord. 7518/72. Passed 10-2-72.)
(4)	Residential D
	Height limitation - 2 ½ stories or 35 feet.
	Setback line and minimum rear yard depth. Flexible placement of the condominiums shall be allowed to better allow utilization of land, however, equivalent open space shall be provided by the developer to equal what would be required in a “Residential A” zone.
	Minimum lot area per family:
		1 story - 4,800 square feet.
		2 or 2 ½ stories - 2,900 square feet.
	Minimum side yard:
		Single family detached condominiums - 12 feet between buildings.

In addition, the following terms and conditions shall apply:

(e) Each condominium unit shall be a minimum of 1,200 square feet.

(f) At no time shall any condominium unit be used otherwise than for single family residential purposes.

(g) Except as otherwise expressly provided within these Codified Ordinances, the condominium units shall be in strict accord with the request and plans submitted to the City by the owner(s) of same.

(5)	Residential E.
	Height limitation - 2 ½ stories or 35 feet.
	Setback line and minimum rear yard depth. Flexible placement of the condominiums shall be allowed to better allow utilization of land, however, equivalent open space shall be provided by the developer to equal what would be required in a “Residential A” zone.
	Minimum lot area per family:
		1 story - 4,800 square feet.
		2 or 2 ½ stories - 2,900 square feet.
	Minimum side yard:
		Multi-family attached condominiums - 20 feet between buildings.

In addition, the following terms and conditions shall apply:

(d) At all times, at least one occupant of each condominium unit shall be an owner of that unit. Should the owner of such a condominium unit be an entity instead of an individual person, however, at all times at least one occupant of such unit shall be an employee, agent, officer, servant, representative, contractor or consultant of the owner of that unit.

(e) At no time shall any condominium unit be used otherwise than for single family residential purposes.

(f) Except as otherwise expressly provided within these Codified Ordinances, the condominium units shall be in strict accord with the request and plans submitted to the City by the owner(s) of same.

(g) Each condominium unit shall be of a minimum of 900 square feet.

(Ord. 11309/99. Passed 7-14-99.)

(Ord. 6939/68. Passed 7-15-68.)

1139.07 SIGNS.

(Ord. 6972/68. Passed 11-18-68.)

1141.01 PERMITTED USES; AREA REQUIREMENTS.

The following uses and no other, shall be deemed Class "Residential Apartment" and

permitted in only "Residential Apartment".

(a) Any use permitted in an "RA" District shall be permitted in a Residential Apartment District.

(b) Apartment houses and/or multiple dwellings of all types.

(Ord. 8840/79. Passed 12-10-79.)

1141.02 OFF-STREET PARKING SPACES.

(a) One parking space for each single bedroom bachelor and efficiency living unit.

(b) One and one-half parking spaces for each living unit of over one bedroom in size.

In addition thereto, in all districts, shall be provided parking space for each employee of the business or use.

(Ord. 8840/79. Passed 12-10-79.)

1141.03 ACCESSWAYS TO PARKING AREAS.

(a) Height and bulk requirements set forth in Section 1141.01 above; and

(b) The minimum requirement of square footage per family unit.

1141.04 OUTDOOR RESIDENTIAL SWIMMING POOLS.

The location and construction of pools in Residential Apartment Districts shall be governed by the same regulations set forth under Chapter 1327 of the Building Code.

(Ord. 8840/79. Passed 12-10-79.)

1141.05 MINIMUM LOT AREA PER FAMILY.

(a) The minimum lot area requirements for single and two-family dwellings shall be the same as in Residential A District.

1141.06 MINIMUM LOT WIDTH.

(Ord. 8840/79. Passed 12-10-79.)

1141.07 MINIMUM FLOOR SPACE.

(b) The minimum living area per apartment in any of the districts where apartments are permitted shall be:

Efficiency	300 square feet
One bedroom	400 square feet
Two bedroom	500 square feet
Three bedroom	700 square feet
All others	800 square feet

(Ord. 8840/79. Passed 12-10-79.)

1141.08 COMPOSITION OF BUILDINGS.

(Ord. 8840/79. Passed 12-10-79.)

1141.09 SETBACK BUILDING LINES.

(d) All swimming pools shall be treated as a structure for the purpose of Chapter 1327 of the Building Code and must conform thereto.

(Ord. 8840/79. Passed 12-10-79.)

1141.10 SIDE YARDS.

Attached garages or accessory buildings permanently connected with the main building shall be construed to be a part of the main building for the purpose of this section.

(Ord. 8840/79. Passed 12-10-79.)

1141.11 REAR HOUSES.

(Ord. 8840/79. Passed 12-10-79.)

1147.01 CA RESTRICTED DISTRICTS.

(a) Uses Permitted. The following uses are permitted in CA Restricted Districts:

Any use permitted in a CA District except for the following uses:

Boarding or rooming houses; and

Funeral homes and undertaking establishments; and

Motels and hotels; and

Motor vehicle sales rooms; and

Exterior (outside) storage of any kind, including motor vehicles and semi

tractor-trailers.

(b) Height and Bulk Requirements.

Height - 7 stories or 80 feet.
Minimum rear yard depth - 40 feet.
Minimum lot area per family:
	1 story - 2,400 square feet.
	2 stories - 1,465 square feet.
	3 stories - 985 square feet.
	4 stories - 745 square feet.
	5 stories - 625 square feet.
	6 stories - 570 square feet.
	7 stories - 540 square feet.
Minimum lot width - 60 feet.
Minimum side yard - 10 feet plus one foot additional for each three feet or fraction thereof of building height in excess of 45 feet.

(Ord. 11557/02. Passed 4-24-02.)

1147.02 CA DISTRICTS.

(a) Uses Permitted. The following uses are permitted in CA Districts:

Any use permitted in any Residence District

Assembly halls

Banks

Barber and beauty shops

Boarding or rooming houses

Drug stores

Dry cleaning establishments, provided no dry cleaning is done on the premises

Funeral homes and undertaking establishments

Grocery stores, meat markets, fruit markets, candy stores, dairy products

stores, or other food retailing establishments

Hardware stores

Ice retail stations

Motor vehicle sales rooms

Offices

Restaurants, provided the serving or dispensing of alcoholic liquors or

beverages shall not be permitted

Self-service laundries

Shoe repair shops

Signs

Theaters

Tourist accommodations, including motels and hotels

Any other retail business for the convenience of and service to the neighboring

residents, provided, however, the serving or dispensing of alcoholic

liquors or alcoholic beverages shall not be permitted, either as a separate

use or as an accessory use

Accessory buildings or uses.

(b) Height and Bulk Requirements.

Height - 7 stories or 80 feet.
Minimum rear yard depth - 40 feet.
Minimum lot area per family:
	1 story - 2,400 square feet.
	2 stories - 1,465 square feet.
	3 stories - 985 square feet.
	4 stories - 745 square feet.
	5 stories - 625 square feet.
	6 stories - 570 square feet.
	7 stories - 540 square feet.
Minimum lot width - 60 feet.
Minimum side yard - 10 feet plus one foot additional for each three feet or fraction thereof of building height in excess of 45 feet.

(Ord. 11557/02. Passed 4-24-02.)

1147.03 CB DISTRICTS.

(a) Uses Permitted. The following uses are permitted in CB Districts:

Any use permitted in a CA Restricted District and a CA District
Amusement and assembly establishments
Dry cleaning and dyeing establishments, provided odorless, nontoxic and
	noncombustible agents are used
Public garages and filling stations, provided no appliance for dispensing
	gasoline or oiling or greasing of automobiles is located within
	twelve feet of any street line
Tinsmith shop
Retail or wholesale businesses or services of any type, including manufacturing
	incidental to any such retail or wholesale business or service where the
	products are sold on the premises by the producer, provided not more
	than ten operative personnel are employed in such manufacture and
	provided further, no building, structure or premises shall be erected,
	altered or used for any of the following uses:
	Auto wrecking
	Bottling works
	Coal or lumber yard
	Dairy products manufacture
	Electric welding
	Gasoline or alcohol storage above ground
	Grist and flour mill
	Ice plant
	Junk or scrap paper
	Laundry or bakery employing more than ten persons
	Machine shop
	Rag storage or baling
	Slaughterhouse or stock yard
	Any use prohibited in an MA District or in an MB District or any other
	use creating offensive odor, fumes, dirt, noise or other objectionable
	features, or hazardous to surrounding property by reason of danger
	of fire or explosion
Accessory buildings or uses customarily incidental to the above permitted uses.

(b) Height and Bulk Requirements.

Height limitation - none.
Minimum rear yard depth - 40 feet.
Minimum lot area per family:
	1 story - 2,400 square feet.
	2 stories - 1,465 square feet.
	3 stories - 985 square feet.
	4 stories - 745 square feet.
	5 stories - 625 square feet.
	6 stories - 570 square feet.
	7 stories - 540 square feet.
	8 stories - 525 square feet.
	9 stories - 515 square feet.
Minimum side yard (for multi-family dwellings) - 10 feet plus one foot additional for each three feet or fraction thereof of building height in excess of 45 feet.

(Ord. 11557/02. Passed 4-24-02.)

1151.01 MA DISTRICTS.

(a) Uses Permitted. Any use permitted in the CB District is permitted and, in addition, the following uses:

Any business, either retail or wholesale, storage or service establishments, and

any type of manufacturing or assembly, provided, however, the following uses

shall not be permitted:

Aluminum, brass, copper, iron or steel foundry or works

Asphalt and asphalt products manufacture

Auto wrecking

Blast furnace

Boiler works or forge works

Brick, tile or terra-cotta manufacture

Charcoal, lampblack and fuel briquettes manufacture

Coal, coke and tar products manufacture, including gas manufacturing

Disinfectant manufacturing

Dumps and slag piles

Explosives manufacture

Fat rendering

Fertilizer manufacture

Film, photographic, manufacture

Gas, heating or illuminating, manufacture or storage except where such gas is to be entirely consumed on the same premises

Grain storage

Glue, gelatin or size manufacture

Incineration or reduction of garbage, offal and dead animals

Lime, cement or plaster of Paris manufacture

Pickle, sausage, sauerkraut or vinegar manufacture

Oilcloth or linoleum manufacture

Match manufacture

Manure, peat and topsoil storage

Metal and metal ores (except precious and rare metals) reduction, refining, smelting and alloying

Paint, oil, varnish or turpentine manufacture

Paper and pulp manufacturing

Petroleum products, refining, such as gasoline, kerosene, naphtha, lubricating oil

Printing ink manufacture

Rubber (natural or synthetic), processing or manufacturing, including rubber salvage operations

Soap manufacture

Shoddy manufacture

Slaughtering of animals, exclusive of poultry killing

Starch, glucose, dextrine manufacture

Stock yards

Storage or baling of scrap paper or rags

Sugar refining

Storage or dismantling of automobiles or any form of scrap metal or junk

Tallow, grease or lard manufacture or refining

Tanning or curing of leather, raw hides or skins or storage thereof

Tar distillation or manufacture

Tar roofing or tar waterproofing manufacture

Wood and bone distillation

Wool scouring; hair manufacture

Yeast manufacture

Any other trade, industry or use that is injurious, noxious, offensive or hazardous by reason of emission of odor, dust, fumes, smoke, noise or vibration.

(b) Height and Bulk Requirements. The regulations governing height, rear yards, side yards and setback lines in the CB Districts shall apply.

(Ord. 6171/63. Passed 12-2-63. )

1151.02 MB DISTRICTS.

(b) Height and Bulk Requirements. The regulations governing rear yards, side yards and setback lines in the CB Districts shall apply.

(Ord. 11134/97. Passed 12-10-97.)

1151.03 LANDFILLS AND TRANSFER FACILITIES.

(1) A privately owned or privately operated solid waste transfer facility; or

(2) A privately owned or privately operated construction and demolition landfill.

(Ord. 11883/05. Passed 7-27-05.)

1155.01 DEVELOPMENT IN ACCORDANCE WITH PLAN.

(Ord. 7607/73. Passed 4-2-73.)

1155.02 PERMITTED USES.

All types of residential uses including other than single family uses as permitted in Chapter 1139 and all types of commercial uses under Section 1147.01 may be used, except for the following uses:

Boarding and rooming houses

Motor vehicle sales rooms

Signs

and only the following uses under Section 1147.02 shall be permitted:

Amusement and assembly establishments, provided, however, the selling of alcoholic liquors or alcoholic beverages shall not be permitted, either as a separate use or:

Dry cleaning and dyeing establishments provided odorless, nontoxic agents are used.

(Ord. 7607/73. Passed 4-2-73.)

1155.03 MINIMUM DEVELOPMENT AREA.

The minimum development area under the P.U.D. zoning district shall be 125 acres.

(Ord. 7607/73. Passed 4-2-73.)

1155.04 RESIDENTIAL STANDARDS.

(a) Definitions. For the purposes of the Planned Unit District, certain terms are defined as follows:

(1) "Detached single-family dwelling" includes any dwelling unit which is not physically attached to any other dwelling unit.

(3) "Apartment building" includes any building which is:

A. Constructed to contain three or more dwelling units; and

B. In which the dwelling units may be rented or sold.

(d) Minimum Lot Size. Minimum lot size for detached single-family units shall be determined by the provisions of Section 1139.06 (b).

(e) Maximum Height. Maximum height for multi-family structures shall not exceed twelve stories above normal grade level.

(f) Density of Residential Units. In Planned Unit Developments, the density within the residential area shall not exceed twelve units per acre of total residential land.

(g) Utilities. All utilities shall be placed underground.

(Ord. 7607/73. Passed 4-2-73.)

1155.05 DEVELOPMENT AREA DEFINED.

"Development area" means the minimum area to be constructed by a single owner or owners in order to qualify under the provisions of this chapter.

(Ord. 7607/73. Passed 4-2-73.)

1155.06 LOCATION OF DEVELOPMENT AREA AND QUALIFICATIONS.

A Planned Unit Development may be established on parcels of land which are suitable for Planned Unit Districts in a manner consistent with the purpose of this chapter.

(Ord. 7607/73. Passed 4-2-73.)

1155.07 OWNERSHIP.

(Ord. 7607/73. Passed 4-2-73.)

1155.08 COMMERCIAL PLANNED UNIT DEVELOPMENT STANDARDS.

In reviewing the design of the required green strip, the Planning Commission shall give consideration to the potential maximum right-of-way widths.

(Ord. 7607/73. Passed 4-2-73.)

1155.09 SITE AND STRUCTURE REQUIREMENTS.

(a) Where feasible, natural features such as streams, rock outcrops, topsoil, trees and shrubs shall be preserved and incorporated in the landscaping of the development.

(b) To improve the quality of the environment and to reduce inconvenience during bad weather, the underground installation of all utilities and equipment shall be required.

(e) The developer, within property boundaries, shall provide all necessary water and sewer facilities, paved service streets, parking and loading facilities.

(Ord. 7607/73. Passed 4-2-73.)

1155.10 PREAPPLICATION PROCEDURES.

(Ord. 7607/73. Passed 4-2-73.)

1155.11 PRELIMINARY PLAN OF DEVELOPMENT AREA.

(e) Such other relevant information as the Director of Planning and City Development and the Planning Commission may require.

(Ord. 7607/73. Passed 4-2-73.)

1155.12 PREPARATION OF PRELIMINARY PLAN.

(Ord. 7607/73. Passed 4-2-73.)

1155.13 REFERRAL OF PRELIMINARY PLAN FOR REVIEW AND REPORTS.

(Ord. 7607/73. Passed 4-2-73.)

1155.14 REPORT TO COUNCIL.

(Ord. 7607/73. Passed 4-2-73.)

1155.15 NOTICE FOLLOWING APPROVAL.

(Ord. 7607/73. Passed 4-2-73.)

1155.16 CHANGE IN USE MAP.

(Ord. 7607/73. Passed 4-2-73.)

1155.17 FINAL PLAN OF DEVELOPMENT AREA.

(b) A plan of the development area showing street right of way, subdivided common land and easements.

(c) Detailed plans and specifications for all streets, storm and sanitary sewers, water mains, and all other site features of the development area.

The Director of Planning and City Development and the Planning Commission may require additional drawings to supplement the above when more information is needed or special conditions occur.

(Ord. 7607/73. Passed 4-2-73.)

1155.18 CONDITIONS FOR APPROVAL BY PLANNING COMMISSION.

(Ord. 7607/73. Passed 4-2-73.)

1155.19 BUILDING PERMITS.

(Ord. 7607/73. Passed 4-2-73.)

1155.20 PROGRESSIVE DEVELOPMENT.

A developer, having obtained final approval of a development area may accomplish the development in progressive stages as may be approved by the City Planner and the Building Department.

(Ord. 7607/73. Passed 4-2-73.)

1155.21 AMENDMENT TO PLANS.

(Ord. 7607/73. Passed 4-2-73.)

1157.01 PURPOSE; PERMITTED USES.

Acetylene, storage of oxygen and acetylene in tanks if oxygen is stored in a room separate from acetylene, and such rooms are separated by a not less than two-hour fire resistant wall.

Agricultural contractor equipment, sale or rental, or both.

Animal experimental research institute.

Assembly plants (excludes vehicle assembly).

Bags, manufacture of.

Batteries, the manufacture and rebuilding of batteries.

Beds, the manufacture of bedspreads and bedsprings.

Billboards, the manufacture of billboards.

Boat building.

Book bindery.

Bottling plant.

Box factory.

Brushes, the manufacture of.

Cabinet making.

Candles, the manufacture of.

Cannery, except meat and fish.

Carpenter shop.

Carpet cleaning.

Cellophane, the manufacture of cellophane products.

Ceramics, the manufacture of.

Cigars, the manufacture of.

Cigarettes, the manufacture of.

Clay products, the manufacture or storage, or both of clay products, including clay statuary.

Cleaning establishments, wholesale.

Clocks, the manufacture of.

Cloth, the manufacture of cloth and cloth products, including clothing of all kinds but not tanning.

Coffee roasting.

Coffins, the manufacture of.

Cold storage plant.

Contractor's equipment gear, including farm equipment and all equipment used in building trades.

Cork, the manufacture of cork products.

Cosmetics, the packaging and distribution of pharmaceutical and cosmetic items.

Creamery.

Curtain cleaning plants.

Dextrine, manufacture of.

Distributing plants.

Drugs, the manufacture of.

Dry goods, the manufacture and storage of.

Electric appliance assembly.

Electrical parts, the manufacture of, or the storage of small electrical parts (indoor storage only).

Electric signs, the manufacture of.

Electrical transformer substations.

Engines, the manufacture of internal combustion or steam engines. This section does not permit a foundry.

Engraving, machine metal engraving.

Fabricating, other than snap riveting or any process used in bending or shaping which produces any annoying or disagreeable noise.

Feathers, the manufacture or renovation of feather products or both.

Fiber products, the manufacture of.

Fixtures, the manufacture of gas or electrical fixtures, or both.

Fumigating contractors.

Fur products, the manufacture of.

Fur warehouse.

Furniture, the manufacture of.

Generators, the manufacture of, electrical generators, within a closed building of fire resistant construction.

Glass, the production by hand of crystal glass art novelties within a closed building of fire resistant construction.

Glass, the storage of.

Gloves, the manufacture of.

Granite, the grinding, cutting and dressing of granite

Hair products, the manufacture of.

Harness, the manufacture of.

Heating equipment, the manufacture of.

Hemp storage, indoor storage only.

Horn products, the manufacture of.

Ice, the manufacture, distribution and storage of.

Incinerators, the manufacture of.

Ink, the manufacture of.

Iron, ornamental iron works but not including a foundry.

Jewelry, the manufacture of.

Knitting mills.

Laboratories, for testing experimental motion picture film.

Laundry.

Linen and towel supply.

Liquor storage.

Machine shops.

Matches, the manufacture of, with approval of Fire Department.

Mattresses, the manufacture and renovation of.

Medicines, the manufacture of.

Metals.

(a) Manufacture of products of precious metals.

(b) Manufacture of metal, steel and brass stamps.

(d) Metal spinning.

(e) Metal storage.

(f) Metal working shop.

Motors, the manufacture of electric motors.

Musical instruments, the manufacture of.

Novelties, the manufacture of

Oleomargarine, the manufacture of.

Optical goods, the manufacture of.

Paint mixing, except the mixing of lacquers and synthetic enamels.

Paper products, the manufacture of, but not including the manufacture of paper itself.

Perfume, the manufacture of.

Pest control service, including residential termite control.

Pharmaceuticals, the manufacturing and packaging of.

Phonographs, the assembly of.

Phonograph records, the manufacture of, including the grinding and processing of the basic materials used in connection therewith.

Plaster, the storage of, indoor storage only.

Plumbing shop and plumbing contractor's shop.

Polish, the manufacture of.

Pottery, the manufacture of.

Presses, hydraulic presses for the molding of plastic.

Putty, the manufacture of.

Radios, the assembly of.

Refrigeration plant.

Roofing contractor's establishment.

Rope, the manufacture of.

Rug cleaning plant.

Rugs, the manufacture of.

Saddle, the manufacture of.

Sash and door manufacture.

Sheet metal shop.

Shell products, the manufacture of.

Shoes, the manufacture of.

Shoe polish, the manufacture of.

Signs, the manufacture of.

Sodium glutamate, the manufacture of.

Soft drinks, the manufacture of.

Springs, the manufacture of.

Starch, the mixing and bottling of starch.

Stencils, the manufacture of.

Stove polish, the manufacture of.

Textiles, the manufacture of, including clothing and upholstery.

Tools, the manufacture of.

Toys, the manufacture of.

Type, the manufacture of printers type.

Valves, the storage and repair of oil and well valves, indoor storage only.

Venetian blinds, the manufacture of.

Ventilating ducts, the manufacture of.

Vitamin tablets, the manufacture of.

Warehouse, storage warehouse, indoor storage only.

Watches, the manufacture of.

Welding.

Window shades, the manufacture of.

Wine storage and manufacture of.

Wood, the manufacture of wood products. This section does not permit a planing mill.

Woolen goods, the manufacture and storage of.

Any similar manufacturing or industrial use which in the opinion of the Planning

Commission is not more detrimental to the public welfare than the enterprises enumerated in this section.

(Ord. 8529/77. Passed 11-28-77.)

1157.02 MINIMUM ACREAGE.

(Ord. 8529/77. Passed 11-28-77.)

1157.03 MINIMUM LOT WIDTH AND FRONTAGE.

Each lot within a Planned Unit Industrial District shall abut and have frontage upon an improved, dedicated and accepted street. The minimum width of each lot shall be 100 feet at the building line.

(Ord. 8529/77. Passed 11-28-77.)

1157.04 MINIMUM FLOOR AREA AND MAXIMUM BUILDING COVERAGE.

The minimum floor area of main buildings within a Planned Unit Industrial District shall be 5,000 square feet.

(Ord. 8529/77. Passed 11-28-77.)

1157.05 MINIMUM FRONT YARD SETBACK.

(Ord. 8529/77. Passed 11-28-77.)

1157.06 SIDE AND REAR LINE SETBACK.

(Ord. 8529/77. Passed 11-28-77.)

1157.07 SIDE LINE SETBACK ON CORNER LOTS.

In a Planned Unit Industrial District the minimum side line setback on a corner lot shall be fifty feet.

(Ord. 8529/77. Passed 11-28-77.)

1157.08 PARKING AND LOADING.

(Ord. 8529/77. Passed 11-28-77.)

1157.09 MAXIMUM HEIGHT OF BUILDINGS.

(Ord. 8529/77. Passed 11-28-77.)

1157.10 DESIGN OF STRUCTURE.

(Ord. 8529/77. Passed 11-28-77.)

1157.11 SIGNS.

The maximum sign area for each business utilizing the same main entrance shall be equal to that area allowed for one business divided by the number of businesses using the same entrance.

(Ord. 8529/77. Passed 11-28-77.)

1157.12 APPLICATION FOR ZONING.

An application to zone land as a Planned Unit Industrial District shall comply with Sections 1155.09 through 1155.21.

(Ord. 8529/77. Passed 11-28-77.)

1159.01 DEFINITIONS.

A "senior citizen" for this purpose means an individual sixty-two years of age or older, or in the case of a married couple, either spouse being sixty-two years of age or older.

(Ord. 7608/73. Passed 4-2-73.)

1159.02 LAND AREA.

(b) Five hundred square feet of lot area per dwelling unit in Senior Citizens Multi- Family or P.U.D. Districts adjacent or contiguous to any business, commercial or industrial district.

(Ord. 7608/73. Passed 4-2-73.)

1159.03 HABITABLE DWELLING UNIT AREA REQUIREMENTS.

The minimum habitable area of any dwelling unit in Senior Citizens Multi-Family Districts shall be as follows:

1 - bedroom unit	490 square feet
2 - bedroom unit	700 square feet