Waverly City Zoning Code
TITLE THREE
Zoning Districts and General Regulations
CHAPTER 1137 RCD-2 Retirement Community District
1121.01 DISTRICTS DESIGNATED.
For the purpose and provisions of this Zoning Ordinance, the City is hereby organized into fourteen districts, as follows:
F-1 Flood Plain District.
R-1 One-Family Residence District.
R-2 One-Family Residence District.
R-3 One-Family Residence District.
R-4 General Residence District.
R-5 General Residence District.
R-6 To be defined.
RCD-1 Retirement Community District.
RCD-2 Retirement Community District.
B-1 Restricted Business District.
B-2 General Business District.
M-1 Limited Manufacturing District.
M-2 General Manufacturing District.
M-3 Heavy Industrial District.
(Ord. 10-16-67. Passed 11-20-67; Ord. 11-4-68. Passed 12-2-68.)
1121.02 ZONING MAP.
The boundaries of the zoning districts heretofore designated are hereby established as shown on the map entitled Official Zoning Map, January, 1973, revised July, 1974, which Map accompanies and is made a part of original Ordinance 77-10, passed June 6, 1977, and shall have the same force and effect as if the Zoning Map, together with all notations, references and other information shown thereon, were fully set forth and described herein.
(Ord. 77-10. Passed 6-6-77.)
1121.03 DISTRICT BOUNDARIES.
Whenever uncertainty exists with respect to the boundaries of the various districts as shown on the Zoning Map, the following rules shall apply:
(a) District boundary lines are either the center lines of railroads, highways, streets, alleys or easements, or the boundary lines of sections, quarter sections, divisions of sections, tracts or lots, or such lines extended otherwise indicated.
(b) In areas not subdivided into lots and blocks, wherever a district is indicated as a strip adjacent to and paralleling a street or highway, the depth of such strips shall be in accordance with the dimensions shown on the maps measured at right angles from the center line of the street or highway, and the length of frontage shall be in accordance with dimensions shown on the map from section, quarter section or division lines, or center lines of streets, highways or railroad rights of way unless otherwise indicated.
(c) Where a lot held in one ownership and of record on the effective date of this section (Ordinance 10-16-67, passed November 20, 1967) is divided by a district boundary line, the entire lot shall be construed to be within the less restricted district, provided that this construction shall not apply if it increases the less restricted frontage of the lot by more than twenty-five feet.
(Ord. 10-16-67. Passed 11-20-67.)
1121.04 ZONING OF STREETS, ALLEYS, PUBLIC WAYS, WATERWAYS AND RAILROAD RIGHTS OF WAY.
All streets, alleys, public ways, waterways and railroad rights of way, if not otherwise specifically designated, shall be deemed to be in the same zone as the property immediately abutting upon such alleys, streets, public ways or waterways and railroad rights of way. Where the center line of a street, alley, public way, waterway or railroad right of way serves as a district boundary, the zoning of such areas, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property up to the center line.
(Ord. 10-16-67. Passed 11-20-67.)
1123.01 PURPOSE.
The F-1 District is created to protect the public health and to reduce the financial burdens imposed on the City, its governmental units and its individuals, which may result from improper use of lands having excessively high water tables or are subject to frequent and periodic floods. The boundaries of this district have been determined from the data in the office of the Division of Water, Ohio Department of Natural Resources. As such lands are adequately drained or sufficiently protected from the risk of overflow they shall be removed from the Flood Plain District and reclassified into an appropriate use district. Such determination and reclassification shall be made by Council in accordance with Chapter 1115.
(Ord. 10-16-67. Passed 11-20-67.)
(Ord. 10-16-67. Passed 11-20-67.)
1123.02 PERMITTED USES.
In the F-1 District the following uses are permitted:
(a) Open-type uses, such as loading and unloading areas, parking lots, storage of motor vehicles, new and used, for not more than twenty-four hour periods, and gardens, auxiliary to uses permitted in any adjoining district.
(b) Storage yards for equipment and materials in movable containers and not subject to major damage by flood, provided such uses are permitted in an adjoining district, but not including acids, caustics, flammable liquids, trash, rags, bottles, scrap metal or any other materials commonly referred to as "junk."
(c) Open-type public and private recreational facilities, such as public parks, forest preserves, golf clubs, golf driving ranges, drive-in theaters, recreational lakes and other similar recreational uses, subject to all other provisions of this Zoning Ordinance.
(d) Agricultural uses, including farming, grazing and livestock raising, provided such uses are permitted in an adjoining district.
(e) Any other uses customarily accessory or incidental to the above uses.
(f) Planned single-family residential developments in unsubdivided areas only, provided that subsequent conditions of use have been satisfied.
(g) Single-family residences on lots of record prior to the effective date of this section (Ordinance 10-16-67, passed November 20, 1967), provided that subsequent conditions of use have been satisfied.
(Ord. 10-16-67. Passed 11-20-67.)
1123.03 CONDITIONS OF USE.
In F-1 Districts, the following conditions of use shall pertain:
(a) No filling of land shall be permitted except where approved by the Planning Commission and subject to such conditions as may be stipulated to protect the public interest.
(b) The natural drainage grade shall not be substantially altered.
(c) Any structures permitted shall be placed on the lot so as to offer the minimum obstruction to the flow of water and shall be firmly anchored to prevent the structure from floating away and thus threatening to further restrict bridge openings and other restricted sections of the stream.
(d) Where, in the opinion of the Planning Commission, topographic data, engineering and other studies are needed to determine the effects of flooding on a proposed structure or the effect of the structure on the flow of water, the Planning Commission may require the applicant to submit such data or other studies prepared by competent engineers or other technicians.
(e) All uses permitted shall be subject to approval of the Planning Commission and to such conditions as may be stipulated to protect the public interest.
(f) No basement or other floor shall be constructed below ground level.
(g) Planned single-family residential developments, where permitted, shall contain adequate storm drainage or other facilities capable of protecting the area from flooding.
(h) All planned single-family residential developments shall be subject to the final approval of the City, based on recommendations from the Planning Commission that all of the requirements of this chapter have been complied with.
(i) No building or structure shall be erected and no existing building or structure shall be moved unless the main floor elevation of the building or structure is established with a finished floor elevation not less than three feet above the highest known flood elevation.
(Ord. 10-16-67. Passed 11-20-67.)
(Ord. 10-16-67. Passed 11-20-67.)
1123.04 FLOOD PLAIN FRINGE AREAS.
Areas lying outside of and adjacent to the Flood Plain Districts, as shown on the Zoning Map, shall be subject to the following regulations:
(a) No basement floor or other floor shall be constructed below or at a lower elevation than the main floor.
(b) Land may be filled within the flood plain fringe areas provided such fill shall extend at least twenty-five feet beyond the limits of any structure erected thereon.
(c) Foundations of all structures shall be designed to withstand flood conditions at the site.
(Ord. 10-16-67. Passed 11-20-67.)
(Ord. 10-16-67. Passed 11-20-67.)
1125.01 PERMITTED USES.
In an R-1 District the following uses are permitted:
(a) One-family detached dwellings.
(b) Lands and buildings used for agricultural purposes.
(c) Roadside stands for the display, sale or offering for sale of agricultural products grown or produced on the property, provided that the standards and produce on display are located ten feet back from the nearest right-of-way line.
(d) Home occupations.
(e) Schools and Senior Centers: public, denominational or private, elementary and high schools, including playgrounds, Senior Centers, garages for buses, athletic fields and other uses auxiliary thereto.
(f) Churches, rectories and parish houses.
(g) Seminaries, convents, monasteries and similar religious institutions, including dormitories and other accessory uses required for operation, provided such uses are located on a tract of land of not less than two acres.
(h) Parks, forest preserves and recreational areas, when publicly owned and operated.
(i) Golf courses, including ancillary uses normally provided, such as restaurants, including the sale of alcoholic beverages, residential uses for guests, manager and other employees, but not including commercially operated driving ranges or miniature golf courses; and provided that no club house or accessory building shall be located nearer than 500 feet to any dwelling on another zoning lot.
(j) Temporary buildings for construction purposes for a period not to extend beyond the completion date of such construction.
(l) Public utility facilities, as defined by the State.
(m) Accessory uses, including off-street parking facilities in accordance with the provisions of Chapter 1155.
(Ord. 38-2010. Passed 7-20-10.)
(Ord. 38-2010. Passed 7-20-10.)
1125.02 OFF-STREET PARKING.
Automobile parking facilities in R-1 Districts shall be provided as required in Chapter 1155. (Ord. 10-16-67. Passed 11-20-67.)
1125.03 LOT SIZE.
(a) Every one-family detached dwelling hereafter erected in a R-1 District shall be located on a tract of land having an area of not less than 10,000 square feet and a width at the established building line of not less than eighty feet, except as otherwise provided herein.
(b) A permitted nonresidential principal use or building in R-1 Districts, other than a public service use, shall be located on a tract of land having an area of not less than 20,000 square feet and a width at the established building line of not less than 100 feet.
(Ord. 10-16-67. Passed 11-20-67.)
1125.04 YARDS.
No building shall be erected or enlarged in R-1 Districts unless the following yards are provided and maintained in connection with such building, structure or enlargement:
(a) Front Yard. A front yard of not less than thirty feet, or twenty percent of the depth of the lot, whichever is less.
(b) Side Yards. A side yard on each side of the main structure of not less than eight feet, except where a side yard adjoins a street the minimum width of such yard shall not be less than fifteen feet.
(c) Rear Yard. A rear yard of not less than thirty feet.
(Ord. 10-16-67. Passed 11-20-67.)
1125.05 LOT COVERAGE.
Not more than thirty-five percent of the area of a zoning lot in an R-1 District may be occupied by buildings and structures, including accessory buildings.
(Ord. 10-16-67. Passed 11-20-67.)
1125.06 MAXIMUM FLOOR AREA RATIO.
The floor area ratio in R-1 Districts shall not exceed the following:
One-family detached dwellings, 0:3.
Nonresidential uses, 1:0.
The maximum floor area ratio for special exceptions shall be established at the time
the special exception permit is granted.
(Ord. 10-16-67. Passed 11-20-67.)
(Ord. 10-16-67. Passed 11-20-67.)
1125.07 SIGNS.
(a) Nameplates and Identification Signs. In R-1 Districts nameplates and identification signs are subject to the following:
(1) Area and content: residential. There shall be not more than one nameplate not exceeding one square foot in area for each dwelling unit, indicating the name or address of the occupant or a permitted occupation. On a corner zoning lot, two such nameplates for each dwelling unit, one facing each street, shall be allowed.
(2) Area and content: nonresidential. For nonresidential buildings, a single identification sign, not exceeding nine square feet in area and indicating only the name and address of the building may be displayed. On a corner zoning lot, two such signs, one facing each street, may be permitted. However, no nonresidential sign shall be allowed without written authorization of the Zoning Administrator.
(3) Projection. No sign shall project beyond the property line into the public way.
(4) Height. No sign shall project higher than one story or fifteen feet above curb level, whichever is lower.
(b) Sale and Rent Signs. "For sale" and "to rent" signs are subject to the following:
(1) Area and number. There shall be not more than one such sign per zoning lot except that on a corner lot, two signs, one facing each street, shall be permitted. No sign shall exceed six square feet in area nor be closer than eight feet to any other zoning lot.
(2) Projection. No sign shall project beyond the property line into the public way.
(3) Height. No sign shall project higher than four feet above ground level and shall be confined to the lawn.
(c) Signs Accessory to Parking Areas. Signs accessory to parking areas are subject to the following:
(1) Area and number. Signs designating parking area entrances or exits are limited to one sign for each such entrance or exit and to a maximum size of two square feet each. One sign per parking area, designating the conditions of use or identity of such parking area and limited to a maximum size of nine square feet, shall be permitted. On a corner lot two such signs, one facing each street, shall be permitted.
(2) Projection. No sign shall project beyond the property line into the public way.
(3) Height. No sign shall project higher than seven feet above curb level.
(d) Nonflashing Business Signs. The following nonflashing business signs are subject to the conditions specified:
(1) Church bulletins.
A. Area and number. There shall be not more than one sign per zoning lot, except that on a corner lot two signs, one facing each street, shall be permitted. No sign shall exceed sixteen square feet in area nor be closer than eight feet to any other zoning lot.
B. Projection. No sign shall project beyond the property line into the public way.
C. Height. No sign shall project higher than one story or fifteen feet above curb level, whichever is lower.
(2) Sale, rent signs. Signs advertising the sale or rental of the property on which the sign is located, or the sale of agricultural products grown or produced on the property; however, no such sign shall exceed six square feet in area.
(3) Location. No sign shall be placed closer than ten feet to the property line, provided the Zoning Administrator may require a greater setback or 1other location, so that the sign shall not obstruct the view along any highway, at any intersection, private driveway, field entrance or other point of ingress or egress.
(4) Informational and directional signs. Highway directional signs and markers shall be made and installed in accordance with the specifications of the City for announcing the location of or directing traffic to given locations including, but not limited to the following:
A. Service areas for automobiles, food and lodging;
B. Business or business districts;
C. Public and quasi-public information signs.
(Ord. 10-16-67. Passed 11-20-67.)
(e) (EDITOR’S NOTE: Former subsection (e) was repealed by Ordinance 42-2023, passed July 5, 2023.)
1127.01 PERMITTED USES.
Any use permitted in an R-1 One-Family Residence District shall be permitted in an
R-2 District.
(Ord. 10-16-67. Passed 11-20-67.)
(Ord. 10-16-67. Passed 11-20-67.)
1127.02 OFF-STREET PARKING.
Automobile parking facilities shall be provided in R-2 Districts as required in Chapter
1155.
(Ord. 10-16-67. Passed 11-20-67.)
(Ord. 10-16-67. Passed 11-20-67.)
1127.03 LOT SIZE.
(a) Every one-family detached dwelling hereafter erected in an R-2 District shall be located on a tract of land having an area of not less than 7,000 square feet and a width at the established building line of not less than sixty feet.
(b) A permitted nonresidential principal use or building in an R-2 District, other than a public service use, shall be located on a tract of land having an area of not less than 20,000 square feet with a width at the established building line of not less than 100 feet.
(Ord. 10-16-67. Passed 11-20-67.)
1127.04 YARDS.
No building shall be erected or enlarged in R-2 Districts unless the following yards are provided and maintained in connection with the building, structure or enlargement:
(a) Front Yard. A front yard of not less than twenty-five feet.
(b) Side Yards. A side yard on each side of the principal building of not less than six feet, except where a side yard adjoins a street, the minimum width of such side yard shall be increased to ten feet.
(c) Rear Yard. A rear yard of not less than thirty feet.
(Ord. 10-16-67. Passed 11-20-67.)
1127.05 LOT COVERAGE.
Not more than thirty-five percent of the area of a zoning lot in an R-2 District may be covered by buildings or structures, including accessory buildings.
(Ord. 10-16-67. Passed 11-20-67.)
1127.06 MAXIMUM FLOOR AREA RATIO.
In R-2 Districts the floor area ratio shall not exceed the following:
One-family detached dwellings, 0:5.
Nonresidential uses, 2:0.
The maximum floor area ratio for special exceptions shall be established at the time the special exception permit is applied for.
(Ord. 10-16-67. Passed 11-20-67.)
(Ord. 10-16-67. Passed 11-20-67.)
1127.07 SIGNS.
The regulations governing signs in an R-1 District shall apply in an R-2 District.
(Ord. 10-16-67. Passed 11-20-67.)
1129.01 PERMITTED USES.
Any use permitted in an R-1 One-Family Residence District shall be permitted in an R- 3 District.
(Ord. 10-16-67. Passed 11-20-67.)
(Ord. 10-16-67. Passed 11-20-67.)
1129.02 OFF-STREET PARKING.
Automobile parking facilities shall be provided in R-3 Districts as required or permitted in Chapter 1155.
(Ord. 10-16-67. Passed 11-20-67.)
(Ord. 10-16-67. Passed 11-20-67.)
1129.03 LOT SIZE.
(a) Every one-family detached dwelling hereafter erected in an R-3 District shall be
located on a lot having an area of not less than 5000 square feet and a width at the established building line of not less than fifty feet.
(b) A permitted nonresidential principal use or building in an R-3 District other than a public service use, shall be located on a tract of land having an area of not less than 10,000 square feet with a width at the established building line of not less than seventy-five feet.
(Ord. 10-16-67. Passed 11-20-67.)
1129.04 YARDS.
No building shall be erected or enlarged in R-3 Districts unless the following yards are provided and maintained in connection with the building, structure or enlargement:
(a) Front Yard. A front yard of not less than twenty-five feet, but not less than any other residence on that street.
(b) Side Yard. A side yard on each side of the principal building of not less than six feet, except where a side yard adjoins a street, the side yard shall not be less than seventy percent of the setback distance of the prevailing building line.
(c) Rear Yard. A rear yard of not less than twenty-five feet.
(Ord. 10-16-67. Passed 11-20-67.)
1129.05 LOT COVERAGE.
Not more than fifty percent of the area of zoning lot in an R-3 District may be covered by buildings or structures, including accessory buildings.
(Ord. 10-16-67. Passed 11-20-67.)
1129.06 MAXIMUM FLOOR AREA RATIO.
In R-3 Districts the floor area ratio shall not exceed the following:
One-family detached dwelling, 0:4.
Nonresidential uses, 2:0.
The maximum floor area ratio for special exceptions shall be established at the time the special exception permit is applied for.
(Ord. 10-16-67. Passed 11-20-67.)
1129.07 SIGNS.
The regulations governing signs in an R-1 District shall apply in an R-3 District.
(Ord. 10-16-67. Passed 11-20-67.)
1131.01 PERMITTED USES.
In an R-4 District, the following uses are permitted:
Any of the uses permitted in an R-1 Single-Family Residence District.
Two-family dwellings.
Multiple family dwellings and apartments.
One-family row dwellings, party-wall, with not more than six dwellings in a row or building.
(Ord. 10-16-67. Passed 11-20-67.)
(Ord. 10-16-67. Passed 11-20-67.)
1131.02 OFF-STREET PARKING.
Automobile parking facilities shall be provided in R-4 Districts as required or permitted in Chapter 1155.
(Ord. 10-16-67. Passed 11-20-67.)
(Ord. 10-16-67. Passed 11-20-67.)
1131.03 LOT AREA PER DWELLING.
(a) Every one-family detached dwelling hereafter erected in an R-4 District shall be located on a lot having an area of not less than 6,000 square feet, and a width at the established building line of not less than sixty feet.
(b) Every building hereafter erected in an R-4 District or altered to provide two or more dwelling units shall be located on a lot having an area of not less than 8,000 square feet and a width at the required building line of not less than seventy feet, and not less than the following lot area per dwelling unit shall be provided:
Minimum Lot Area per Dwelling Unit Dwelling Unit Type (Square Feet) Units with 2 or more bedrooms 3,000 Units with 1 bedroom 2,000 Efficiency units 1,200 |
(c) All nonresidential principal uses permitted in an R-4 District shall be located on a lot having an area of not less than 10,000 square feet and a width of not less than seventy- five feet at the building line.
(d) Minimum lot sizes for special exceptions in R-4 Districts shall be prescribed and conditions stipulated at the time a special exception permit is authorized, but in no case shall any such lot have an area of less than 10,000 square feet.
(Ord. 10-16-67. Passed 11-20-67.)
1131.04 YARDS.
No building shall be erected or enlarged in an R-4 District unless the following yards are provided and maintained:
(a) Front Yard. For every building on a zoning lot a front yard shall be provided of not less than twenty feet, plus one additional foot of front yard for each three feet over forty feet in building height.
(b) Side Yards. On every zoning lot, side yards shall be provided as follows:
(1) One-family. For one-family detached dwellings, the same regulations shall apply as in an R-2 Single-Family District.
(2) Two and multiple family. For two-family and multiple family dwelling units, the side yard on each side of each building shall be a minimum of ten feet in width plus an additional two feet in width for each additional story above two stories in height. On corner lots there shall be maintained a side yard of not less than fifteen feet on the side adjacent to the street which intersects the street upon which the building maintains frontage, and in the case of a reversed corner lot there shall be maintained a setback from the side street of not less than fifty percent of the front yard required on the lots in the rear of such corner lots, but such setback need not exceed fifteen feet. No accessory building on a reversed corner lot shall project beyond the front yard required on the adjacent lot to the rear, nor be located nearer than five feet to the side lot line of the adjacent lots.
(3) Nonresidential. On a lot improved with a nonresidential building, there shall be a side yard of not less than twelve feet on each side of the main structure and a combined total of side yards of not less than thirty feet.
(c) Rear Yard. There shall be a rear yard of not less than thirty feet.
(Ord. 10-16-67. Passed 11-20-67.)
1131.05 LOT COVERAGE.
Not more than forty percent of the area of a lot in an R-4 District may be covered by buildings and structures, including accessory buildings.
(Ord. 10-16-67. Passed 11-20-67.)
1131.06 MAXIMUM FLOOR AREA RATIO.
The maximum floor area ratio in R-4 Districts shall be as follows:
One-family detached dwellings, 0:4.
Two-family and multiple family dwellings, 0:7.
Permitted nonresidential uses, 1:0.
Special exceptions shall be as specified with the special exception permit.
(Ord. 10-16-67. Passed 11-20-67.)
1131.07 SIGNS.
The regulations governing signs in an R-1 District shall apply in an R-4 District.
(Ord. 10-16-67. Passed 11-20-67.)
1133.01 PERMITTED USES.
Any use permitted in an R-4 District is permitted in an R-5 District.
(Ord. 10-16-67. Passed 11-20-67.)
1133.02 OFF-STREET PARKING.
Automobile parking facilities shall be provided in R-5 Districts as required or permitted in Chapter 1155.
(Ord. 10-16-67. Passed 11-20-67.)
(Ord. 10-16-67. Passed 11-20-67.)
1133.03 LOT AREA PER DWELLING.
(a) Every one-family detached dwelling and two-family dwelling hereafter erected in an R-5 District shall be located on a lot having an area of not less than 6,000 square feet and a width at the established building line of not less than sixty feet.
(b) Every building hereafter erected or altered in an R-5 District to provide three or more dwelling units shall be located on a lot having an area of not less than 8,000 square feet and a width at the established building line of not less than seventy feet and not less than the following lot area per dwelling unit shall be provided:
Minimum Lot Area per Dwelling Unit Dwelling Unit Type (Square Feet) Units with 2 or more bedrooms 2,000 Units with 1 bedroom 1,500 Efficiency units 900 |
(c) All nonresidential principal uses permitted in an R-5 District shall be located on a lot having an area of not less than 10,000 square feet with a width at the established building line of not less than seventy-five feet.
(d) Minimum lot sizes for special exceptions in R-5 Districts shall be prescribed and conditions stipulated at the time the special exception permit is authorized, but in no case shall any such lot have an area of less than 10,000 square feet.
(Ord. 10-16-67. Passed 11-20-67.)
1133.04 YARDS.
The following yard requirements shall apply in R-5 Districts:
(a) Front Yard. The same regulations shall apply as required in an R-4 District.
(b) Side Yards. The same regulations shall apply as required in an R-4 District.
(c) Rear Yard. There shall be a rear yard of not less than twenty-five feet.
(Ord. 10-16-67. Passed 11-20-67.)
1133.05 LOT COVERAGE.
Not more than fifty percent of the area of a lot in an R-5 District may be covered by
buildings and structures, including accessory buildings.
(Ord. 10-16-67. Passed 11-20-67.)
1133.06 MAXIMUM FLOOR AREA RATIO.
The maximum floor area ratio in R-5 Districts shall be as follows:
One-family detached dwellings, 0:4.
Two-family dwellings, 0:7.
Multiple family dwellings, 1:0.
Permitted nonresidential uses, 2:0.
Special exceptions shall be as specified with the special exception permit.
(Ord. 10-16-67. Passed 11-20-67.)
1133.07 SIGNS.
The same regulations governing signs in an R-1 District shall apply in an R-5 District.
(Ord. 10-16-67. Passed 11-20-67.)
1135.01 PURPOSE.
The RCD-1 and RCD-2 Districts are established to provide zoning regulations which will permit special consideration for facilities, services, activities, etc., deemed necessary for the general welfare of the aging residents.
(Ord. 58-99. Passed 1-4-00.)
1135.02 PERMITTED USES.
Planning construction of living quarters, service and recreational facilities, etc., proven to be uniquely characteristic and conditions normal, yet peculiar to the aging persons, necessary for the comfort, health, safety and security of those residents.
(Ord. 58-99. Passed 1-4-00.)
1135.03 OFF-STREET PARKING.
Automobile parking shall be provided in RCD-1 and RCD-2 Districts as required or permitted in Chapter 1155.
(Ord. 58-99. Passed 1-4-00.)
(Ord. 58-99. Passed 1-4-00.)
1135.04 LOT SIZE.
(a) Every one-family detached dwelling hereafter erected in an RCD-1 District shall be located on a lot having an area of not less than 5,000 square feet and a width at the established building line of not less than fifty feet.
(b) Every one-family detached dwelling and two-family dwelling hereafter erected or altered in an RCD-2 District shall be located on a lot having an area of not less than 6,000 square feet and a width at the established building line of not less than sixty feet.
(c) Every building hereafter erected or altered in an RCD-2 District to provide three or more dwelling units shall be located on a lot having an area of no less than 8,000 square feet and a width at the established building line of not less than seventy feet and not less than the following lot area per dwelling unit shall be provided:
Minimum Lot Area Dwelling Unit Type Per Unit (square feet) Units with 2 or more bedrooms 2,000 Units with 1 bedroom 1,500 Efficiency units 900 |
(d) All nonresidential principal uses permitted in an RCD-2 District shall be located on a lot having an area of not less than 10,000 square feet with a width at the established building line of not less than seventy-five feet.
(e) Minimum lot sizes for special exceptions in RCD-1 and RCD-2 Districts shall be prescribed and conditions stipulated at the time the special exception is authorized, but in no case shall any such lot have an area of less than 10,000 square feet.
(Ord. 58-99. Passed 1-4-00.)
1135.05 YARDS.
No building shall be erected or enlarged in RCD-1 and RCD-2 Districts unless the following yards are provided and maintained in connection with such building, structure or enlargement:
(a) Front Yard. A front yard of not less than twenty feet, but not less than any other residence on that street.
(b) Side Yards. A side yard on each side of the principal building of not less than six feet, except where a garage replaces a carport, the minimum width of the side yard on the garage side will be four and one-half feet as long as there is the required six feet maintained on the adjacent side lot. Where a side yard adjoins a street, the minimum width of such side yard shall be increased to ten feet.
(c) Rear Yard. A rear yard of not less than twenty-five feet.
(Ord. 58-99. Passed 1-4-00.)
1135.06 LOT COVERAGE.
Not more than fifty percent (50%) of the area of a zoning lot in an RCD-1 or RCD-2 District may be covered by building structures, including accessory buildings.
(Ord. 58-99. Passed 1-4-00.)
1135.07 MAXIMUM FLOOR AREA RATIO.
The floor area ratio in RCD-1 and RCD-2 Districts shall not exceed the following:
One-family detached dwelling, 0:4
Two-family dwellings, 0:7
Multiple family dwellings, 1:0
Permitted nonresidential uses, 1:0
Special exceptions shall be specified with the special exception permit.
(Ord. 58-99. Passed 1-4-00.)
1135.08 SIGNS.
The regulations governing signs in RCD-1 and RCD-2 Districts shall be the same as those set forth in the R-1 District.
(Ord. 58-99. Passed 1-4-00.)
1135.09 EXCEPTIONS.
(Ord. 58-99. Passed 1-4-00.)
1139.01 PERMITTED USES.
The following uses are permitted in a B-1 District:
Air conditioning and heating sales and service.
Amusement establishments: bowling alleys, pool halls, dance halls, skating rinks, swimming pools and other similar places of recreation.
Antique shops.
Art and school supply stores.
Art galleries and studios.
Automobile accessory stores, where there is no driveway entrance across the sidewalk into the main building.
Automobile service stations for the retail sale and dispensing of fuel, lubricants, tires, batteries, accessories and supplies, including installation and minor service customarily incidental thereto; facilities for chassis and gear lubrication and for washing of not more than four vehicles are permitted only if enclosed in a building.
Automobile sales and service shops, including painting and repairing, but not the painting or repairing of trucks, and accessory auto parts sales as an activity accessory to the principal use.
Bakery shops, including the baking and processing of food products when prepared for retail use on the premises only.
Battery and tire service stations.
Banks and financial institutions, including drive-in teller facilities.
Barber shops, beauty parlors, chiropody, massage or similar personal service shops.
Boat showrooms, sales and service.
Book and stationery stores.
Camera and photographic supply shops for retail sales.
Candy and ice cream shops.
Carpet, rug and linoleum stores.
Catering establishments.
China and glassware stores.
Coin and philatelic stores.
Costume rental shops.
Currency exchanges.
Custom dressmaking, millinery, tailoring or shoe repair shops, when conducted for retail sale on the premises only.
Department stores.
Drug stores.
Dry goods stores.
Dry cleaning and pressing establishments.
Dwelling units above the first floor of business buildings, provided the floor area ratio is as required in an R-3 Residence District.
Electrical appliance stores and repairs, but not including appliance assembly or manufacturing.
Employment agencies.
Exterminating shops.
Florist shops and conservatories for retail trade on the premises only.
Food, meat and fruit stores.
Frozen food stores and food lockers.
Furniture stores, and upholstery when conducted as a part of the retail operations and secondary to the main use.
Furriers, when conducted for retail trade on the premises only.
Garages, public, for storage of private passenger automobiles and commercial vehicles under one and one-half tons capacity.
Gift shops.
Government offices.
Greenhouses, retail.
Hardware stores.
Haberdasheries.
Hobby stores.
Hotels and motels, including restaurants and meeting rooms.
Household appliance stores and repair.
Interior decorating shops, including upholstery and making of draperies, slipcovers, and other similar articles, when conducted as a part of the retail operations and secondary to the main use.
Jewelry and watch repair shops.
Launderettes, automatic self-service types or hand laundries.
Leather goods and luggage stores.
Loan offices.
Locksmiths.
Machinery sales.
Mail order establishments.
Millinery shops.
Musical instrument sales and repair, retail trade only.
News stands.
Offices, business and professional, including medical clinics.
Opticians, optometrists.
Orthopedic and medical appliance stores, but not including the assembly or manufacture of such articles.
Package liquor stores.
Paint and wallpaper stores.
Parking lots, open and other than accessory, for the storage of private passenger automobiles, and subject to the provisions of Chapter 1155.
Pet shops, but not including animal hospitals.
Photography studios, including the development of film and pictures when done as a part of the retail business on the premises.
Physical culture and health services.
Plumbing and heating showrooms and shops.
Picture framing, when conducted for retail trade on the premises only.
Photo developing and processing.
Postal substations.
Public utility collection offices.
Radio and television repair.
Restaurants, tearooms or cafes, when the establishment is not of the drive-in type where food is served to occupants remaining in motor vehicles.
Savings and loan associations.
Schools: music, dance, business, commercial or trade.
Sewing machine sales and service.
Shoe and hat stores, and repairing when done as a part of the retail business.
Sporting goods stores.
Taverns.
Telegraph offices.
Telephone exchanges and coin telephones, outdoor.
Theater, indoor.
Tobacco shops.
Toy stores.
Trailer sales and rental, for use with private passenger motor vehicles.
Travel bureaus and transportation ticket offices.
Typewriter and adding machine sales and service.
Variety stores.
Wearing apparel shops.
Accessory uses, including off-street parking and loading facilities as permitted or required in accordance with the provisions of Chapter 1155.
All R-4 General Residence District permitted uses.
(Ord. 10-16-67. Passed 11-20-67; Adopting Ordinance.)
1139.02 CONDITIONS OF USE.
All uses permitted in a B-1 District, except residence district uses, shall be retail establishments dealing directly with consumers and shall be subject to the following conditions:
(a) Dwelling units and lodging rooms are not permitted below the second floor.
(b) All business, servicing or processing, except for off-street parking and loading, shall be conducted within completely enclosed buildings.
(c) There shall be no manufacture, processing or treatment of products other than those which are clearly incidental and essential to the retail business conducted on the premises.
(d) Such uses, operations or products shall not be objectionable due to odor, dust, smoke, noise, vibration or other similar causes.
(Ord. 10-16-67. Passed 11-20-67.)
1139.03 TRANSITIONAL YARDS.
Where a B-1 District adjoins a residential district, transitional yards shall be provided in accordance with the following regulations:
(a) Where lots in a B-1 District front on the street and at least eighty percent of the frontage directly across the street between two consecutive intersecting streets is in a residential district, the front yard regulations for the residence district shall apply to the lots in the business district.
(b) In a B-1 District, where a side lot line coincides with a side or rear lot line of property in an adjacent residence district, a yard shall be provided along such side lot line. Such yard shall be equal in dimension to the minimum side yard which would be required under this Zoning Ordinance for a residential use on the adjacent property in the residence district.
(c) In a B-1 District, where a rear lot line coincides with a side lot line of property in an adjacent residential district, a yard shall be provided along such rear lot line. Such yard shall be equal in dimension to the minimum side yard which would be required under this Zoning Ordinance for a residential use on the adjacent property in the residence district.
(d) In a B-1 District, where a rear lot line coincides with a rear lot line of property in an adjacent residential district, a yard shall be provided along such rear lot line. Such yard shall be twenty feet in depth, but may begin at a height of fifteen feet or one story above grade, whichever is lower.
(e) In a B-1 District, where the extension of a front or side lot line coincides with the front lot line of an adjacent lot located in a residence district, a yard of not less than ten feet shall be provided.
(f) Transitional yards shall be unobstructed from the lowest level to the sky, except as allowed in Chapter 1153.
(Ord. 10-16-67. Passed 11-20-67.)
(Ord. 10-16-67. Passed 11-20-67.)
1139.04 MAXIMUM FLOOR AREA RATIO.
The maximum floor area ratio in a B-1 District for a building or buildings on a zoning lot, including accessory buildings, shall not exceed 3:0.
(Ord. 10-16-67. Passed 11-20-67.)
1139.05 SIGNS.
The following signs are permitted in B-1 Districts:
(a) Signs relating only to the name and use of buildings or premises upon which they are placed. Advertising signs and outdoor billboards advertising products or matters not related to the occupancy and use of the premises shall not be permitted.
(b) Signs attached to a building or buildings shall not project more than eighteen inches from the wall upon which they are attached. Signs must be attached to parapet walls or other wall surfaces made a part of the main structure. Signs erected on a separate superstructure attached to the roof of the building or to any other part of the building above the roof line shall not be permitted. No sign shall project higher than four feet above the parapet line or the roof line, whichever is higher.
(c) The gross surface area of all business signs on a zoning lot shall not exceed in square feet of area two times the lineal frontage of such zoning lot. Each side of a building which abuts upon more than one street shall be considered as a separate frontage.
(d) For integrated shopping centers in single ownership and management, or under unified control, one additional sign may be erected not to exceed 100 square feet in area, advertising only the name and the location of the integrated shopping center.
Such sign shall be placed so as to be entirely within the property lines of the premises upon which the sign is located and the bottom edge of such sign shall be at least eight feet above the level of the ground and the overall height shall not exceed twenty feet above curb level, or above the adjoining ground level if such ground level is above the street level.
(e) No sign may be painted, pasted or similarly posted directly on the surface of any wall; nor shall any sign be permitted to be placed on any wall, fence or standard facing the side of any adjoining lot located in any residence district. Pennants, flags and other advertising devices shall not be permitted.
(f) Signs attached to or hung from a marquee or canopy shall be completely within the borderline of the outer edge of the marquee or canopy, and shall in no instance be lower than eight feet above the ground or surface over which the marquee or canopy is constructed.
(g) Signs, clocks or other advertising devices erected upon standards or separate supports shall be placed so as to be entirely within the property lines of the premises upon which they are located, and no part of a sign or standard shall have a total height greater than twenty feet above the level of the street upon which it faces, or above the adjoining ground level if such ground level is above the street level, nor shall the surface of any such sign exceed an area of 100 square feet.
(h) No illuminated sign shall be of the flashing or intermittent type. Signs which may be in conflict with public traffic signals shall not be permitted. Illuminated signs shall be shaded so as not to shine on adjacent residential properties.
(i) Highway directional signs and markers, which shall be made and installed in accordance with the specifications of the City, for announcing the location of or directing traffic to given locations which include, but are not limited to, the following:
(1) Service areas for automobiles, food and lodging.
(2) Business or business districts.
Traffic or directional signs designating entrances, exits and conditions of use of parking facilities accessory to the main use of the premises, may be maintained provided they are located within the property lines of the subject lot.
(Ord. 10-16-67. Passed 11-20-67.)
(Ord. 10-16-67. Passed 11-20-67.)
1141.01 PERMITTED USES.
In a B-2 District the following uses are permitted, provided they are conducted wholly within enclosed buildings, except off-street parking and loading facilities; establishments of the drive-in type offering goods and services directly to customers waiting in parked motor vehicles, and uses specified below as permitted on an open lot:
Any use permitted in a B-1 Business District.
Amusement establishments, including permanent carnivals, kiddie parks, golf driving ranges, pitch and putt, miniature golf courses and other similar outdoor amusement facilities.
Animal hospitals, kennels or pounds.
Auction rooms.
Automobile laundries.
Bakeries, including the sale of bakery products to restaurants, hotels, clubs and other similar establishments when conducted as part of the retail business on the premises.
Blueprinting and photostating establishments.
Bicycle sales and repair.
Building materials sales yards and storage.
Bus passenger stations and terminals.
Cartage and express facilities.
Convention halls.
Costume rental shops.
Cutting of glass, mirror and glazing establishments.
Dry cleaning establishments.
Exhibition halls.
Greenhouses, wholesale.
Laboratories, medical, dental, research, experimental and testing, provided no production or manufacturing of products takes place and provided the performance standards of the M-1 District are complied with.
Linen, towel, diaper and other similar supply services.
Live bait stores.
Model homes or garage displays.
Monument sales.
Newspaper distribution agencies, for home delivery.
Parcel delivery stations.
Pawnshops.
Printing and publishing of newspapers, periodicals, books and including letter process work.
Radio and television broadcasting stations.
Secondhand stores and rummage shops.
Schools: commercial or trade, subject to the provisions of the performance standards established in M-1 Districts.
Stadiums, auditoriums and arenas, open or enclosed.
Storage, warehousing and wholesale establishments.
Taxidermist shops.
Undertaking establishments, funeral parlors or mortuaries.
All R-4 General Residence District permitted uses.
(Ord. 10-16-67. Passed 11-20-67; Adopting Ordinance.)
1141.02 CONDITIONS OF USE.
All conditions of use in B-2 Districts for permitted uses shall be the same as required and apply in a B-1 Business District.
(Ord. 10-16-67. Passed 11-20-67.)
(Ord. 10-16-67. Passed 11-20-67.)
1141.03 YARDS.
All yard regulations in B-2 Districts shall be the same as required and apply in a B-1 Business District.
(Ord. 10-16-67. Passed 11-20-67.)
(Ord. 10-16-67. Passed 11-20-67.)
1141.04 MAXIMUM FLOOR AREA RATIO.
The maximum floor area ratio in a B-2 District shall be the same as permitted in a B-1 Business District.
(Ord. 10-16-67. Passed 11-20-67.)
(Ord. 10-16-67. Passed 11-20-67.)
1141.05 SIGNS.
All sign regulations for B-2 Districts shall be the same as required or permitted in a B-1 Business District.
(Ord. 10-16-67. Passed 11-20-67.)
(Ord. 10-16-67. Passed 11-20-67.)
1143.01 PERMITTED USES.
In an M-1 District the following uses are permitted:
(a) Retail and Service Uses.
Animal pounds and shelters.
Automobile laundries.
Automobile service stations, where the retail sale of gasoline and oil for motor vehicles, including minor services customarily incidental thereto, may be conducted out-of-doors. Lubrication and washing facilities, including auto laundries, are permitted only if in a completely enclosed building.
Banks and financial institutions.
Battery and tire service stations.
Beverages (nonalcoholic) bottling and distributing.
Contractor or construction buildings such as lumber, cement, electrical, refrigeration, air conditioning, masonry, painting, plumbing, roofing, heating and ventilation.
Currency exchanges.
Drug stores.
Fuel sales, with storage of fuel oils, gasoline and other flammable products limited to 120,000 gallons per tank, with the total storage on a zoning lot not to exceed 500,000 gallons.
Greenhouses.
Ice sales, linen, towel, diaper and other similar supply services.
Restaurants, including the sale of liquor in conjunction therewith.
Riding academies and horse stables.
Taverns.
Trade schools.
(b) Manufacturing and Processing Uses. Any production, processing, cleaning, servicing, testing, repair or storage of materials, goods or products except those uses involving the storage, use or manufacture of materials or products which decompose by detonation, which conform with the performance standards in Section 1143.06
, and which shall not be injurious or offensive to the occupants of adjacent premises by reason of the emission of or creation of noise, vibration, smoke, dust or other particulate matter, toxic or noxious materials, odors, fire or explosive hazards, or glare or heat, which uses include, but are not limited to, the following:
Agricultural buildings and structures.
Advertising displays.
Apparel and other products manufactured from textiles.
Art needlework and hand weaving.
Automobile laundries.
Automobile painting, upholstering, repairing, reconditioning, and body and fender repairing, when done within the confines of a structure.
Bakeries.
Beverages (nonalcoholic).
Blacksmith shops.
Books, hand binding and tooling.
Bottling works.
Brushes and brooms.
Building equipment, building materials, lumber, coal, sand and gravel yards, and yards for contracting equipment of public agencies, or public utilities or materials or equipment of similar nature.
Cameras and other photographic equipment and supplies.
Canning and preserving.
Canvas and canvas products.
Carpet and rug cleaning.
Carting, express hauling or storage yard.
Cement block manufacture.
Ceramic products, such as pottery and small glazed tile.
Cleaning and dyeing establishments.
Clothing.
Cosmetics and toiletries.
Creameries and dairies.
Dentures.
Drugs.
Electrical appliances, such as lighting fixtures, irons, fans, toasters and electric toys.
Electrical equipment assembly, such as home radio and television receivers and home movie equipment, but not including electrical machinery.
Electrical supplies manufacturing and assembly, such as wire and cable assembly, switches, lamps, insulation, and dry cell batteries.
Food products, processing and combining, except meat and fish, baking, boiling, canning, cooking, dehydrating, freezing, frying, grinding, mixing and pressing.
Fur goods, but not including tanning and dyeing.
Glass products, from previously manufactured glass.
Hair, felt and feather products, except washing, curing and dyeing.
Hat bodies of fur and wool felt.
Hosiery.
House trailers.
Ice, dry and natural.
Ink mixing and packaging and inked ribbons.
Insecticides.
Jewelry.
Laboratories: medical, dental, research, experimental and testing, provided there is no danger from fire or explosion or offensive noise, vibration, smoke, dust, odors, heat, glare or other objectionable influences.
Laundries.
Leather products, including shoes and machine belting.
Luggage.
Machine shops for tool, die and pattern making.
Meat products.
Metal finishing, plating, grinding, sharpening, polishing, cleaning, rustproofing, and heat treatment.
Metal stamping and extrusion of small products, such as costume jewelry, pins and needles, razor blades, bottle caps, buttons and kitchen utensils.
Musical instruments.
Orthopedic and medical appliances, such as artificial limbs, braces, supports and stretchers.
Packing and crating.
Paper products, small, such as envelopes and stationery, bags, boxes, tubes and wallpaper printing.
Perfumes and cosmetics.
Pharmaceutical products, compounding only.
Plastic products, but not including the processing of the raw materials.
Poultry and rabbits, slaughtering.
Precision instruments, such as optical, medical and drafting.
Products from finished materials: plastic, bone, cork, feathers, felt, fiber, fur, glass, hair, horn, leather, paper, precious and semiprecious stones, rubber, shell or yarn.
Printing and newspaper publishing, including engraving and photoengraving.
Public utility electric substations and distribution centers, gas regulation centers, and underground gas holder stations.
Railroad rights of way and trackage, but not including classification yards, roundhouses and other similar uses.
Railroad passenger depots.
Repair of household or office machinery or equipment.
Rubber products, small, and synthetic treated fabrics, such as washers, gloves, footwear, bathing caps and atomizers, excluding all rubber and synthetic processing.
Silverware, plate and sterling.
Soap and detergents, packaging only.
Soldering and welding.
Sporting and athletic equipment, such as balls, baskets, cues, gloves, bats, racquets and rods.
Statuary, mannequins, figurines, and religious and church art goods, excluding foundry operations.
Storage of household goods.
Storage and sale of trailers, farm implements and other similar equipment on an open lot.
Storage of flammable liquids, fats or oil in tanks, each of 50,000 gallons or less capacity, but only after the location and protective measures have been approved by local governing officials.
Textiles: spinning, weaving, manufacturing, dyeing, printing, knit goods, yarn, thread and cordage, but not including textile bleaching.
Tobacco curing and manufacturing, and tobacco products.
Tool and die shops.
Tools and hardware, such as bolts, nuts, screws, doorknobs, drills, hand tools and cutlery, hinges, house hardware, locks, nonferrous metal castings and plumbing appliances.
Toys.
Truck, tractor, trailer or bus storage yard, but not including a truck or motor freight terminal.
Umbrellas.
Upholstering (bulk), including mattress manufacturing, rebuilding and renovating.
Vehicles, children's, such as bicycles, scooters, wagons and baby carriages.
Watches.
Wood products, such as furniture, boxes, crates, baskets and pencils and cooperage works.
Any other manufacturing establishment that can be operated in compliance with the performance standards listed in Section 1143.06 without creating objectionable noise, odor, dust, smoke, gas, fumes or vapor, and that is a use compatible with the use and occupancy of adjoining properties.
(c) Wholesaling and Warehousing.
Local cartage and express facilities, but not including motor freight terminals.
(d) Public and Community Service Uses.
Bus terminals, bus turnarounds, bus garages, bus lots, street railway terminals or streetcar houses.
Electric substations.
Fire stations.
Municipal or privately owned recreation buildings or community centers.
Parks and recreation areas.
Police stations.
Sanitary landfill.
Sewage treatment plants.
Telephone exchanges and coil telephones, outdoor.
Water filtration plants.
Water pumping stations.
Water reservoirs.
(e) Residential Uses.
Dwelling units for watchmen and their families when located on the premises where they are employed in such capacity.
(f) Miscellaneous Uses.
Accessory uses.
Radio and television towers.
Temporary buildings for construction purposes for a period not to exceed the duration of such construction.
(Ord. 10-16-67. Passed 11-20-67.)
1143.02 CONDITIONS OF USE.
All permitted uses in an M-1 District are subject to the following conditions:
(a) Any production, processing, cleaning, servicing, testing and repair or storage of goods, materials or products shall conform with the performance standards in Section 1143.06.
(b) All business, production, servicing and processing shall take place within completely enclosed buildings unless otherwise specified. Within 150 feet of a residence district, all storage shall be in completely enclosed buildings or structures, and storage located elsewhere in this district may be open to the sky but shall be enclosed by solid walls or fences, including solid doors or gates thereto, at least eight-feet high, but in no case lower in height than the enclosed storage and suitably landscaped.
However, open off-street loading facilities and open off-street parking of motor vehicles under one and one-half ton capacity may be unenclosed throughout the district, except for such screening of parking and loading facilities as may be required under the provisions of Chapter 1155.
(c) Uses established on the effective date of Ordinance 10-16-67, passed November 20, 1967, and by its provisions rendered nonconforming shall be permitted to continue, subject to the regulations of Section 1111.02 et seq.
(d) Uses established after the effective date of this section (Ordinance 10-16-67, passed November 20, 1967) shall conform fully to the performance standards hereinafter set forth for the district.
(Ord. 10-16-67. Passed 11-20-67.)
(Ord. 10-16-67. Passed 11-20-67.)
1143.03 YARDS.
No building or structure shall hereafter be erected or structurally altered in an M-1 District unless the following yards are provided and maintained in connection with the building:
(a) Front Yard. On every zoning lot a front yard of not less than thirty feet in depth shall be provided. However, where lots within the same block and comprising forty percent of the frontage on the same street are already developed on the effective date of this section (Ordinance 10-16-67, passed November 20, 1967) with front yards with an average depth of less than thirty feet, then such average depth shall be the required front yard depth for such frontage in that block.
(b) Side Yards. On every zoning lot a side yard shall be provided along each side lot line. Each side yard width shall be not less than ten percent of the lot width, but width need not exceed twenty feet.
(Ord. 10-16-67. Passed 11-20-67.)
(Ord. 10-16-67. Passed 11-20-67.)
1143.04 MAXIMUM FLOOR AREA RATIO.
The maximum floor area ratio in M-1 Districts shall not exceed 1:5.
(Ord. 10-16-67. Passed 11-20-67.)
1143.05 SIGNS.
Signs in M-1 Districts shall be permitted and governed as follows:
(a) All signs and nameplates as permitted in a B-1 District.
(b) Billboards, advertising signs and poster panels having a sign area not exceeding
275 square feet.
(c) The gross area in square feet of all signs on a zoning lot shall not exceed six times the lineal feet of frontage of such zoning lot, provided the gross area of flashing signs shall not exceed three times the lineal feet of frontage of such lot.
(d) No sign shall project higher than forty-five feet above the ground level beneath it.
(e) No advertising sign shall be located within 500 feet of any public park of more than five acres in area, or any freeways, expressways and toll roads designated as such in the records of the governing authorities.
(f) No advertising sign shall be located within seventy-five feet of any property located in a residential district.
(Ord. 10-16-67. Passed 11-20-67.)
(Ord. 10-16-67. Passed 11-20-67.)
1143.06 PERFORMANCE STANDARDS.
Any use established hereafter in any M-1 District shall be so operated as to comply with the performance standards set forth as follows:
(a) Noise. Sound levels shall be measured with a sound level meter and associated octave band filter manufactured according to standards prescribed by the American National Standards Institute, Inc. Measurements shall be made using the flat network of the sound level meter. Impulsive-type noises shall be subject to the performance standards hereinafter prescribed provided that such noises are capable of being accurately measured with sound equipment. Noises capable of being so measured, for the purpose of this Zoning Ordinance, shall be those noises which cause rapid fluctuations of the needle of the sound level meter with a variation of no more than plus or minus two decibels. Noises incapable of being so measured, such as those of an irregular or intermittent nature, shall be controlled so as not to become a nuisance to adjacent uses.
At no point either on the boundary of a residence district or a business district, or at 125 feet from the nearest property line of a plant or operation, whichever distance is greater, shall the sound pressure level of an individual operation or plant, other than the operation of motor vehicles and other transportation facilities, exceed the decibel levels at the designated octave bands shown here for the districts indicated:
Maximum Permitted Sound Level Along Boundaries, or 125 Feet From Plant or Operation Property Line (in decibels) Octave Band Residence Business Cycles per Second Districts Districts 0 to 75 67 73 75 to 150 62 68 150 to 300 58 64 300 to 600 54 60 600 to 1,200 49 55 1,200 to 2,400 45 51 2,400 to 4,800 41 47 Above 4,800 37 43 |
(b) Smoke and Particulate Matter.
(1) No stack shall emit more than ten smoke units during any one hour, nor shall smoke of a density in excess of Ringelmann No. 2 be emitted, provided that during a single one-hour period in each twenty-four hour day each stack may emit up to twenty smoke units when blowing soot or cleaning fires, and during such cleaning of fires, smoke of a density of Ringelmann No. 3 may be emitted, but not for longer than four minutes each period.
(2) No emission of smoke or particulate matter shall exceed a density of Ringelmann No. 3, except for a plume consisting entirely of condensed steam. For the purpose of grading the density of emission, the Ringelmann Chart published and used by the United States Bureau of Mines shall be employed.
(3) The rate of emission of particulate matter from all sources within the boundaries of any lot shall not exceed a net figure of one pound per acre of lot area during any one hour.
(4) Dust and other forms of air pollution borne by the wind from such sources as storage areas, yards, roads and so forth, within lot boundaries shall be kept to a minimum by appropriate landscaping, paving, oiling or other acceptable means. The emission of particulate matter from such sources shall conform with the requirements of subparagraph (3) hereof.
(5) In addition to the performance standards specified herein, the emission of smoke or particulate matter in such manner or quantity as to be detrimental to or endanger the public health, safety, comfort or welfare is hereby declared to be a public nuisance.
(e) Odorous Matter. The emission of odorous matter from any property in such concentrations as to be readily detectable at any point along the boundaries of such property or in such concentrations as to create a public nuisance or hazard beyond such boundaries is prohibited.
(d) Vibration. Any process or equipment which produces intense earth-shaking vibrations, such as are created by heavy drop forges or heavy hydraulic surges, shall be set back at least 500 feet from the property boundaries on all sides, except for a property line adjoining an M-3 District, where such setback shall not be mandatory. However, in no case shall such vibrations be allowed to create a public nuisance or hazard beyond the property boundaries.
(e) Toxic or Noxious Matter. No use on any property shall discharge across the boundaries of the property toxic or noxious matter in such concentrations as to be detrimental to or endanger the public health, safety, comfort or welfare, or cause injury or damage to other property or business.
(f) Glare or Heat. Any operation producing intense glare or heat shall be performed within a completely enclosed building and effectively screened in such a manner as not to create a public nuisance or hazard along property boundaries.
(g) Fire and Explosive Hazards. Fire and explosive hazards shall be controlled as follows:
(1) Activities involving the storage or manufacture of materials ranging from incombustible to moderate burning, as determined by the Zoning Administrator, are permitted.
(2) The storage, use or manufacture of materials or products ranging from free-to-active burning-to intense burning, as determined by the Zoning Administrator, is permitted under the following conditions:
A. All storage, use or manufacture of such materials or products shall be within completely enclosed buildings or structures having incombustible exterior walls; and
B. All such buildings or structures shall be set back at least forty feet from property boundaries or, in lieu thereof, shall be protected throughout by an automatic sprinkler system complying with standards for installation prescribed by the National Fire Protection Association.
(3) Activities involving the storage or manufacture of materials or products which decompose by detonation are not permitted in M-1 Districts.
(4) Materials or products which produce flammable or explosive vapors or gases under ordinary weather temperatures shall not be permitted in this district, with the exception of the following, which are permitted:
A. Materials required for emergency or standby equipment;
B. Materials used in secondary processes which are auxiliary to a principal operation, such as paintspraying of finished products; and
C. Flammable liquids and oils stored, sold and used in conjunction with the operation of any automobile service station and customarily required or used in such operation.
(Ord. 10-16-67. Passed 11-20-67.)
1145.01 PERMITTED USES.
In an M-2 District the following uses are permitted: Any use permitted in an M-1 District. Any production, processing, cleaning, servicing, testing, repair or storage of materials, goods or products which conform to the performance standards established for this district, but not including any of the uses first listed as permitted in the M-3 Heavy Industrial District in Section 1147.01(b).
(Ord. 10-16-67. Passed 11-20-67.)
1145.02 CONDITIONS OF USE.
All conditions of use for permitted uses in M-2 Districts are subject to the following conditions:
(a) All production, processing, cleaning, servicing, testing, repair or storage of goods, materials or products shall conform with the performance standards set forth in Section 1143.06.
(b) Within 150 feet of a residence district, all business, production, servicing, processing, and storage shall take place or be within completely enclosed buildings, except that storage of materials may be open to the sky provided the storage area is enclosed with a solid wall or fence at least eight feet high. However, within such 150 feet of a residence district, off-street loading facilities and off-street parking of motor vehicles under one and one-half ton capacity may be unenclosed, except for such screening of parking and loading facilities as may be required under the provisions of Chapter 1155.
(Ord. 10-16-67. Passed 11-20-67.)
1145.03 YARDS.
All yard areas in M-2 Districts shall be the same as required in the M-1 Limited
Manufacturing District.
(Ord. 10-16-67. Passed 11-20-67.)
1145.04 MAXIMUM FLOOR AREA RATIO.
The maximum floor area ratio in M-2 Districts shall not exceed 3:0.
(Ord. 10-16-67. Passed 11-20-67.)
1145.05 SIGNS.
The use of signs in M-2 Districts shall be subject to the same regulations as set forth
in the M-1 Limited Manufacturing District.
(Ord. 10-16-67. Passed 11-20-67.)
(Ord. 10-16-67. Passed 11-20-67.)
1145.06 PERFORMANCE STANDARDS.
Any use established hereafter in an M-2 District shall be so operated as to comply with the performance standards set forth as follows:
(a) Noise. The performance standards governing noise in an M-1 District shall apply.
(b) Smoke and Particulate Matter.
(1) No stack shall emit more than twenty smoke units during any one hour, nor shall smoke of a density in excess of Ringelmann No. 2 be emitted, provided that during fire cleaning periods, each stack may emit four minutes of smoke up to thirty smoke units, twice for blowing soot and twice for cleaning fires, and during such cleaning of fires, smoke of a density of Ringelmann No. 3 may be emitted.
(2) No emission of smoke or particulate matter shall exceed a density of Ringelmann No. 3, except for a plume consisting entirely of condensed steam. For the purpose of grading the density of emission, the Ringelmann Chart published and used by the United States Bureau of Mines shall be employed.
(3) The rate of emission of particulate matter from all sources within the boundaries of any lot shall not exceed a net figure of three pounds per acre of lot area during any one hour.
(4) Dust and other forms of air pollution borne by the wind from such sources as storage areas, yards, roads, et cetera, within lot boundaries shall be kept to a minimum by appropriate landscaping, paving, oiling or other acceptable means. The emission of particulate matter from such sources shall conform with the requirements of subparagraph (3) hereof.
(5) In addition to the performance standards specified herein, the emission of smoke or particulate matter in such manner or quantity as to be detrimental or to endanger the public health, safety, comfort or welfare is hereby declared to be a public nuisance.
(c) Odorous Matter. The emission of odorous matter from any property in such concentrations as to be readily detectable at any point along the boundaries of such property when diluted in the ratio of one volume of odorous air to four or more volumes of clean air, or in such concentrations as to produce a public nuisance or hazard beyond the property boundaries is prohibited.
(d) Vibration. Any process or equipment which produces intense earth-shaking vibrations, such as are created by heavy drop forges or heavy hydraulic surges, shall be set back at least five hundred feet from the property boundaries on all sides, except for a property line adjoining an M-3 District, where such setback shall not be mandatory. However, in no case shall such vibrations be allowed to create a public nuisance or hazard beyond the property boundaries.
(e) Toxic or Noxious Matter. No use on any property shall discharge across the boundaries of such property toxic or noxious matter in such concentrations as to be detrimental to or endanger the public health, safety, comfort or welfare, or cause injury or damage to other property or business.
(f) Glare or Heat. Any operation producing intense glare or heat shall be performed within an enclosure and effectively screened in such a manner as not to create a public nuisance or hazard along property boundaries.
(g) Fire and Explosive Hazards. Fire and explosive hazards shall be controlled as follows:
(1) Activities involving the storage or manufacture of materials or products which decompose by detonation are not permitted in M-2 Districts unless licensed by the City. However, in no case shall such materials or products be stored or manufactured within 200 feet of the boundary of any other district except an M-3 District.
(2) The storage, use or manufacture of materials or products ranging from incombustible to moderate burning as determined by the Zoning Administrator, is permitted.
(3) The storage, use or manufacture of materials or products ranging from free-to-active burning-to intense burning, as determined by the Zoning Administrator, is permitted, provided that within forty feet of the boundary of a residence or business district, the following restrictions shall apply:
A. All storage, use or manufacture of such materials or products shall be within completely enclosed buildings or structures having incombustible exterior walls; and
B. All such buildings or structures shall be protected throughout by an automatic sprinkler system complying with standards for installation prescribed by the National Fire Protection Association.
(4) Materials and products which produce flammable or explosive vapors or gases under ordinary weather temperatures shall not be permitted in this district, with the exception of the following, which are permitted:
A. Materials required for emergency or standby equipment;
B. Materials used in secondary processes which are auxiliary to a principal operation, such as paintspraying of finished products.
C. Flammable liquids and oils stored, sold and used in conjunction with the operation of an automobile service station and customarily required or used in such operation.
(Ord. 10-16-67. Passed 11-20-67. )
1147.01 PERMITTED USES.
In an M-3 District the following uses are permitted:
(a) Any use permitted in an M-2 District.
(b) Production, processing, cleaning, servicing, testing and repair, including the following uses and manufacturing of the following products:
Automobile wrecking.
Asphalt and asphalt products.
Chemicals: 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, rayon yarn, pyroxylin, hydrochloric, picric and sulphuric acids and derivatives.
Coal, coke and tar products, including gas manufacturing.
Electric central station, power and steam-generating plants.
Explosives, when not prohibited by other ordinances.
Fertilizers.
Film, photographic.
Gelatin, glue and size (animal).
Incineration or reduction of garbage, offal and dead animals.
Linoleum and oil cloth.
Magnesium foundries.
Matches.
Metal and metal ores, except precious and rare metals: reduction; refining; smelting; and alloying.
Paint, lacquer, shellac, varnishes, linseed oil and turpentine.
Petroleum products, refining such as gasoline, kerosene, naphtha, lubricating oil and liquified petroleum gases.
Ready-mix cement plants.
Rubber, natural or synthetic.
Soaps, including fat and oil rendering.
Starch.
Stock yards, slaughter houses and abattoirs.
Wood, coal and bones distillation.
Wood pulp and fiber, reduction and processing, including paper mill operations.
Any other production, processing, cleaning, servicing, testing and repair which conforms with the performance standards established in Section 1147.06 for M-3 Districts.
(c) Storage, including the following uses and materials or products:
Goods used in or produced by manufacturing activities permitted in this district.
Dumps and slag piles.
Explosives.
Grain.
Manure, peat and topsoil.
Petroleum and petroleum products.
(d) Miscellaneous uses as follows:
Railroad freight terminals, motor freight terminals, railroad switching and classification yards, repair shops and roundhouses.
(Ord. 10-16-67. Passed 11-20-67.)
1147.02 CONDITIONS OF USE.
Permitted uses in M-3 Districts are subject to the following conditions:
(a) All production, processing, cleaning, servicing, testing, repair or storage of goods, materials or products shall conform with the performance standards in Section 1147.06.
(b) Within 150 feet of a residence district, all business, production, processing, servicing and storage shall take place or be within completely enclosed buildings or structures unless otherwise specified. Off-street parking and off-street loading facilities may be unenclosed except for such screening and improvements as may be required under the provisions of Chapter 1155.
(Ord. 10-16-67. Passed 11-20-67.)
1147.03 YARDS.
All yard areas in M-3 Districts shall be the same as required in an M-1 Limited Manufacturing District.
(Ord. 10-16-67. Passed 11-20-67.)
(Ord. 10-16-67. Passed 11-20-67.)
1147.04 MAXIMUM FLOOR AREA RATIO.
The maximum floor area ratio in M-3 Districts shall not exceed 3:0.
(Ord. 10-16-67. Passed 11-20-67.)
1147.05 SIGNS.
The use of signs in M-3 Districts shall be subject to the regulations as set forth for an M-1 Manufacturing District.
(Ord. 10-16-67. Passed 11-20-67.)
(Ord. 10-16-67. Passed 11-20-67.)
1147.06 PERFORMANCE STANDARDS.
Any use established hereafter in an M-3 District shall be operated so as to comply with the performance standards set forth as follows:
(a) Noise. The performance standards governing noise in an M-1 District shall apply.
(b) Smoke and Particulate Matter.
(1) No stack shall emit more than thirty smoke units during one hour nor shall smoke of a density in excess of Ringelmann No. 2 be emitted, provided that during fire cleaning periods each stack may emit four minutes of smoke of a density of Ringelmann No. 3, and eight minutes of smoke of a density of Ringelmann No. 2, and during soot blowing periods, eight minutes of smoke of a density of Ringelmann No. 2.
(2) No emission of smoke or particulate matter shall exceed a density of Ringelmann No. 3, except for a plume consisting entirely of condensed steam. For the purpose of grading the density of emission, the Ringelmann Chart published and used by the United States Bureau of Mines shall be employed.
(3) The rate of emission of particulate matter from all sources within the boundaries of any lot shall not exceed a net figure of eight pounds per acre of lot area during any one hour.
(4) Dust and other forms of air pollution borne by the wind from such sources as storage areas, yards, roads and so forth, within lot boundaries shall be kept to a minimum by appropriate landscaping, paving, oiling or other acceptable means.
(5) In addition to the performance standards specified herein, the emission of smoke or particulate matter in such manner or quantity as to be detrimental to or endanger the public health, safety, comfort or welfare is hereby declared to be a public nuisance.
(c) Odorous Matter. The emission of odorous matter from any property in such concentrations as to create a public nuisance or hazard beyond the boundaries of such property is prohibited.
(d) Vibration. Any process or equipment which produces intense earth-shaking vibrations, such as are created by heavy drop forges or heavy hydraulic surges, shall be set back at least 500 feet from the boundary of any residence, business, M-1 or M-2 District unless such process or equipment is so controlled as to prevent the transmission beyond the district boundary of earth-shaking vibrations perceptible without the aid of instruments. However, in no case shall such vibrations be allowed to create a public nuisance or hazard beyond the property line.
(e) Toxic or Noxious Matter. No use on any property shall discharge across the boundaries of such property, toxic or noxious matter in such concentrations as to be detrimental to or endanger the public health, safety, comfort or welfare or cause injury or damage to other property or business.
(f) Fire and Explosive Hazards. Fire and explosive hazards shall be controlled as follows:
(1) Activities involving the storage or manufacture of materials or products which decompose by detonation are not permitted in an M-3 District unless licensed by the City. However, in no case shall such materials or products be stored or manufactured within 200 feet of the boundary of any other district unless otherwise authorized.
(2) The storage, use or manufacture of materials or products ranging from incombustible to fast burning, as determined by the Zoning Administrator, or which produce flammable or explosive vapors or gases under ordinary weather temperature is permitted. However, within 600 feet of the boundary of any other zoning district, the storage, use or manufacture of materials or products which produce flammable or explosive vapors or gases under ordinary weather temperature is not permitted with the exception of the following, which are permitted within 600 feet.
A. Materials required for emergency or standby equipment;
B. Materials used in secondary processes which are auxiliary to a principal operation, such as paintspraying of finished products;
C. Flammable liquids and oils stored, sold and used in conjunction with the operation of a motor vehicle service station and customarily required or used in such operation.
(Ord. 10-16-67. Passed 11-20-67.)
1149.01 ESTABLISHMENT.
In recognition of the need for legislation creating an institution that will provide for the protection and enhancement of the distinctive character of the Historic Preservation District of Waverly and for the objective study of alternatives to the proposed alteration or demolition of certain notable structures, works of art, objects, or areas within the City, Council hereby adopts this Historic Preservation chapter.
(Ord. 22-79. Passed 10-15-79.)
1149.02 PUBLIC POLICY; PURPOSE.
Council, being especially mindful of the proud history of this community, and of the importance of a measure of beauty in the everyday lives of our citizens, hereby declares as a matter of public policy that the preservation, restoration, rehabilitation, and overall aesthetic improvement of certain areas, structures, objects and works of art within our community are matters of public interest. The purpose of this chapter is to:
(a) Maintain and enhance the distinctive character of the Historic Preservation District by safeguarding the architectural integrity of the various period structures within it which creates a rare panorama of Americana, and to prevent intrusions and alterations within the District that would be incompatible within this established character;
(b) Maintain and enhance the distinctive character of certain listed properties in the City by safeguarding the architectural integrity of the various period structures upon those listed properties;
(c) Provide for the establishment of procedures whereby certain areas, structures, objects, and works of art of historic, architectural, or cultural importance to the community shall be safeguarded and allowed that measure of protection afforded by a thorough study of alternatives to incompatible alterations or demolition before such arts are performed;
(d) Contribute to the economic, recreational, cultural and educational development of the City by:
(1) Stimulating business and attracting industry;
(2) Protecting and enhancing attractions to residents, tourists, and visitors;
(3) Stabilizing and improving property values;
(4) Improving the quality of life by enhancing the visual and aesthetic character, diversity and interest of the City;
(5) Fostering civic pride in the beauty and notable accomplishments of the past;
(6) Promoting the use and preservation of historic locations, architecturally significant structures, and other notable objects and sites for the education, enrichment and general welfare of the people of the City and the State.
(Ord. 22-79. Passed 10-15-79.)
(Ord. 22-79. Passed 10-15-79.)
1149.03 DEFINITIONS.
As used in this chapter:
(a) "Alter" or "alteration" means any material change in external architectural features of any property which lies within the Historic Preservation District or has been listed under the provisions of this chapter, not including demolition, removal or construction.
(b) "Applicant" means any owner, person, persons, association, partnership or corporation who applies for a Certificate of Appropriateness in order to undertake any environmental change on property subject to this chapter.
(c) "Board" means the Design Review Board established under the provisions of this chapter.
(d) "Commission" means the City Planning Commission.
(e) “Environmental change” or “change” means any alteration, demolition, removal or construction involving any property subject to the provisions of this chapter, including signs.
(f) "Property" means any place, building, structure, work of art, or similar object constituting a physical betterment of real property unless expressly identified as such.
(g) "Landscaping" means the design and arrangement by planting or removal of the effects of natural scenery, including trees, flowers, shrubs, and grass, together with manmade materials or other nonliving materials or objects over a given tract of land for the purpose of creating the best practicable appearance to the land considering the use to which is to be put. For the purposes of this chapter, landscaping shall include the design and arrangement of parks, parking lots, vacant lots and other open areas, but shall not include the incidental planting and arrangement of flowers and shrubs as they relate to any single property.
(h) "Listed property" means any property which has special character, historical, aesthetic or architectural value as part of the heritage, development or cultural characteristics of the City, State or the United States, and which has been designated as a listed property pursuant to the provisions of this chapter.
(i) "Preservation district" means the district established by Council for the purpose of maintaining and fostering a distinctive historical, architectural, cultural or environmental character.
(j) "Member" means any member of the Design Review Board.
(k) "Commissioner" means any member of the Planning Commission.
(l) "Sign" means any object or device or part thereof situated outdoors which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event, or location by any means including words, letters, figures, designs, symbols, fixtures, colors, motion illumination or projected images. Signs do not include the following:
(1) Flags of nations, or an organization of nations, states, cities, fraternal, religious and civic organizations;
(2) Merchandise, pictures or models of products, or services incorporated in a window display;
(3) Time and temperature devices not related to a product;
(4) National, state, religious, fraternal, professional, and civic symbols and crests;
(5) Works of art which in no way identify a product.
(m) "Owner" means the owner of record and the term shall include the plural as well as the singular.
(n) "User" means any applicant legally using any property subject to the terms of this chapter that is not owned by the user.
(o) "Review board" means the Design Review Board established under the provisions of this chapter.
(Ord. 22-79. Passed 10-15-79.)
1149.04 HISTORIC PRESERVATION DISTRICT BOUNDARIES.
As established under the provisions of this Zoning Ordinance:
(a) The Preservation District Boundaries are shown on the Zoning District map and shall include all properties within such boundary and all properties fronting on the opposite side of the street of or adjacent to any property within the Preservation District.
(b) Property fronting on the opposite side of the boundary street or adjacent to any property within the Preservation District shall only be reviewed and regulated to such a degree as to be reasonably compatible with those properties within the district boundary.
(c) Any single property officially designated as qualifying by the Board and which lies outside the Historic Preservation District boundaries but within the corporation limits of the City. (Ord. 22-79. Passed 10-15-79.)
1149.05 DESIGN REVIEW BOARD.
(a) The Design Review Board, hereinafter referred to as the "Review Board", shall consist of seven members. One member shall be the Chairman of the Planning Commission and one member shall be a member of Council and be designated by Council. Five members shall be appointed by the Mayor. Insofar as possible, the Board members shall have a demonstrated interest in and knowledge of historic preservation.
(b) All members shall be citizens of Pike County, at least five of whom shall reside within the City.
(c) Of the membership an effort should be made to nominate and appoint at least one registered architect. If the expertise is available, it is advisable to have an architectural historian as well as an historian, lawyer and/or realtor.
(d) Each appointed member shall serve a term of two years and may be reappointed for terms of two years, except that of the initial appointments, three members shall be appointed for a one year term and may be reappointed for terms of two years.
(e) The members shall serve without compensation from the City and may be removed for just cause by the Mayor.
(Ord. 22-79. Passed 10-15-79.)
1149.06 ORGANIZATION AND PROCEDURE.
As soon as convenient following their appointment to the Design Review Board, the members shall meet and organize by election of a Chairman and Secretary. The Board may adopt its own rules or procedures and provide for regular and special meetings to accomplish the purpose of this chapter. A majority of the members of the Board shall constitute a quorum; however, no application for approval shall be recommended for denial except by the affirmative vote of a majority of the entire Board.
(Ord. 22-79. Passed 10-15-79.)
1149.07 DUTIES.
The Review Board shall have the following duties in addition to those otherwise specified in this chapter:
(a) The Review Board shall review and act upon all applications for Certificate of Appropriateness as required in Section 1149.09 of this Zoning Ordinance.
(b) The Review Board shall conduct or cause to be conducted or assist the conduction of a continuing survey of all areas, places, buildings, structures, homes, works of art or other projects of environmental and aesthetic interest in the City which the Review Board, on the basis of information available or presented to it, has reason to believe are or will be eligible for designation as a listed property or preservation district. No property may be listed and no preservation district shall be established except upon the approval of Council after review and recommendation by the Planning Commission.
(c) The Review Board shall work for the continuing education of the citizens of the City with respect to the architectural and historic heritage of the City and the listed properties and preservation districts designated under the provisions of this chapter, and shall make every effort to improve the overall design and environmental awareness of the people. The Review Board shall keep a current register of all listed properties and preservation districts. All listed properties shall be given a number and a description accompanied by a photograph. The reasons for listing a property or for recommending the establishment of additional preservation districts shall be set forth in writing. This register shall be made available to Council, the Planning Commission, the Department of Engineering, the Zoning Administrator and the public.
(d) The Review Board shall establish criteria, rules and regulations not otherwise included in this chapter for evaluating applications for Certificates of Appropriateness submitted to it and the manner in which they shall be processed. These criteria shall include specific considerations to be given to building materials, landscaping, signs, lighting and architectural style for properties within a preservation district and properties adjacent to preservation districts. Such criteria, rules and regulations shall not be adopted by the Review Board until after review and recommendation by the Planning Commission and approval by Council.
(e) The Review Board may recommend to the Planning Commission and Council legislation that would best serve to beautify, preserve, restore and develop the City. Towards these ends, the Review Board shall work with the appropriate City officials, employees, and departments, and joint meetings with such officials, employees and departments may be held for this purpose.
(f) The Review Board may employ on a permanent or part-time basis technical experts and such other employees as may be required to perform its duties, within the appropriations made available therefor.
(g) The Review Board may make recommendations to the Planning Commission and Council for additions or revisions to this Zoning Ordinance.
(h) The Review Board may, within its capabilities, perform such other design review related tasks as may be required by these preservation and design review regulations and as may be requested or authorized by the Planning Commission or Council.
(Ord. 22-79. Passed 10-15-79.)
(Ord. 22-79. Passed 10-15-79.)
1149.08 LIMITATIONS ON ISSUANCE OF BUILDING, DEMOLITION AND SIGN PERMITS AND ZONING COMPLIANCE PERMIT.
(a) No permit which requires a Certificate of Appropriateness shall be issued through otherwise established procedures within a Preservation District or for any listed property except in cases coming under the section on exclusions in Section 1149.11 of these regulations, unless the application for such permit is approved by the Review Board through the issuance of a Certificate of Appropriateness in the manner prescribed herein.
(b) No sign permit shall be issued by the Building-Zoning Inspector or through otherwise established procedures for any sign to be attached to or erected upon any listed property unless a Certificate of Appropriateness has been issued for that sign in the manner prescribed herein.
(Ord. 22-79. Passed 10-15-79.)
(Ord. 22-79. Passed 10-15-79.)
1149.09 ISSUANCE OF A CERTIFICATE OF APPROPRIATENESS.
(a) When the owner of a property within a Preservation District or owner of a listed property desires to make any change other than ordinary maintenance when no color changes are involved, including the construction, reconstruction, alteration, or demolition of any property, structure, tree, sign, area, or object within a preservation district or for any listed property, such owner or his agent shall first secure a Certificate of Appropriateness from the Design Review Board, unless such property is exempt in accordance with the exclusions permitted in Section 1149.11 in these regulations. Such an exemption shall be determined by the Zoning Administrator.
(b) Applications for Certificates of Appropriateness shall be filed with the Zoning Administrator who shall, prior to issuance of any permits, refer the application to the Review Board for approval or denial.
(c) If a proposed change is determined to have no adverse affects on the purpose of the Preservation District or listed properties and does not violate the spirit and purpose of these preservation and Design Review Board regulations, then the Review Board shall issue a Certificate of Appropriateness.
(d) If a proposed change is determined to have an adverse affect on the purpose of the Preservation District or listed properties and does violate the spirit and purpose of the preservation and Design Review Board regulations then the Review Board shall deny issuance of a Certificate of Appropriateness.
(e) In the case of an inappropriate change, sign or landscaping proposal, the Review Board shall attempt to work out an alternative plan with the owner or user or his representative that is acceptable to all parties. In the case of a proposed demolition, the Review Board shall attempt to find practicable alternatives to demolition.
(f) If the Review Board is unable to work out an alternative plan that conforms to the spirit and purpose of this chapter, the owner or user, if still desiring to execute his proposal, shall make application to the Municipal Planning Commission. The Planning Commission, functioning under its own and otherwise prescribed rules of procedure, shall consider the positions of the owner or user and the Design Review Board and may approve or deny the issuance of a Certificate of Appropriateness.
(g) The Review Board is obligated to act as quickly as possible on all applications so as to cause as little inconvenience to the owner or user as is possible and shall attempt, where the proposed sign, change or landscaping is inappropriate, to keep the waiting period as brief as it may be so long as the owner or user negotiates with the Review Board in good faith. Where a recommendation of disapproval is made to the Planning Commission, the reasons shall be set forth in writing.
(Ord. 22-79. Passed 10-15-79.)
(Ord. 22-79. Passed 10-15-79.)
1149.10 CRITERIA FOR EVALUATION OF APPLICATIONS FOR CERTIFICATES OF APPROPRIATENESS. .
(a) In considering the appropriateness of any environmental changes, including signs and landscaping, the Review Board shall take into account, in addition to any other pertinent factors, the historical and architectural style and general design, arrangement, texture, material and color of the proposed change as they relate to the property in its present condition and shall also consider the relation thereof to the same or related factors in other properties, objects and areas in the immediate vicinity.
(b) Attention shall be taken to avoid the environmentally harmful effect often created by the clash of undisguised contemporary materials such as aluminum or other metals, plastic, fiberglass, and glass improperly used with brick, stone, masonry and wood.
(c) The Review Board shall favor the use of authentic and traditional earth colors and trim colors as opposed to colors of contemporary origin.
(d) The Review Board shall refer to guidelines for design review for new construction, reconstruction, alteration and tree removal recommended by recognized professional organizations, as made known in their publications, including the American Society of Planning Officials, the American Institute of Planners, the American Institute of Architects or other appropriate agencies or organizations.
(e) The Review Board shall consider the advice of those consultants whose opinion is sought by the Review Board with respect to any application for a Certificate of Appropriateness. (Ord. 22-79. Passed 10-15-79.)
1149.11 EXCLUSIONS.
Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any property, area or object within a preservation district or otherwise listed under the provisions of this chapter, provided such work involves no change in material, design, texture, color or outer appearance; nor shall anything in this chapter be construed to prevent any environmental change, including the construction, reconstruction, alteration or demolition of any feature which in the view of the proper authority acting lawfully is required for the public safety because of an unsafe or dangerous condition. However, no demolition permit shall issue, except upon certification of a registered professional engineer, that the structure is unsound or would need major reinforcement to be brought under building code structural requirements, considering a use that the building would reasonably lend itself to.
(Ord. 22-79. Passed 10-15-79.)
1149.12 DESIGNATION CRITERIA FOR PRESERVATION DISTRICTS AND LISTED PROPERTIES.
In considering the designation of any area, place, building, structure, work of art or similar object in the City as a preservation district or listed property, the Review Board, Planning Commission and Council shall apply, in addition to any other available information, the following criteria:
(a) The character, interest or value of the area or property as part of the development, heritage, or cultural characteristics of the City, State or the United States.
(b) The location as a site of a significant historic event.
(c) The identification with a person or persons who significantly contributed to the culture and development of the City.
(d) The exemplification by the area or property of the cultural, economic, social or historic heritage of the City.
(e) The embodiment of distinguishing characteristics of an archetype or specimen.
(f) Identification as the work of an architect or notable builder whose individual work has influenced the development of the City.
(g) The embodiment of elements of architectural design, detail, materials or craftsmanship which represent architecture of significant character, charm or grandeur.
(h) The relationship to other distinctive areas or structures which are eligible for preservation, according to a plan based on an historic, environmental, cultural, educational or architectural theme.
(i) A unique location or singular physical characteristic representing an established and familiar visual feature of a neighborhood, community or the City.
(Ord. 22-79. Passed 10-15-79.)
1149.13 PROCEDURE FOR ESTABLISHING PRESERVATION DISTRICTS AND LISTING PROPERTIES.
(a) When a proposal to establish an historic district or to list an individual property, structure, object or work of art for protection is received by the Design Review Board or initiated by the Design Review Board, the owner or owners shall be notified by the Design Review Board and the owner's written consent obtained where possible .
(b) The Design Review Board shall consider the proposal in terms of the criteria provided in Section 1149.12 and make a recommendation to the Planning Commission.
(c) The Planning Commission shall review the proposal and the recommendation of the Design Review Board in terms of critical provisions in Section 1149.12, the City plan and the projected development of the community and shall make a recommendation to Council.
(d) The City shall give due consideration to the findings and recommendations of the Design Review Board and the Planning Commission, in making its determination with respect to the proposed designation of any areas, places, buildings, structures, works of art, and other similar objects as a listed property. Council shall give notice and conduct a public hearing on any such proposed designation pursuant to Ohio R.C. 713.12. After its deliberation, Council may approve or reject the proposed landmark or preservation district designation. The Clerk of Council shall notify in writing the Design Review Board and any person having as a matter of public record a legal or equitable interest in the proposed landmark or preservation district of such decision by Council.
(e) Upon the designation of a landmark or preservation district, the Zoning Map of the City shall be revised accordingly to indicate such changes.
(Ord. 22-79. Passed 10-15-79.)
1149.14 DEMOLITION PERMIT REQUIRED.
No demolition of any property, as defined in Section 1149.03, or any tree removal shall be undertaken prior to obtaining a Certificate of Appropriateness from the Review Board and a demolition permit from the Zoning Administrator unless otherwise provided
by law.
(Ord. 22-79. Passed 10-15-79.)
(Ord. 22-79. Passed 10-15-79.)
1149.99 PENALTY.
(a) Whoever constructs, reconstructs, alters, changes or demolishes any exterior feature of any structure, work of art, object or area in violation of this chapter, or whoever maintains, changes or installs a sign in violation of this chapter, shall be deemed in violation of the Planning and Zoning Code and such violation shall be punishable under Section 1109.99 of the Zoning Code. Each day of violation shall constitute a separate and distinct violation.
(b) Notwithstanding the provisions of subsection (a) hereof, in the event any environmental change is made in any property which has been designated a listed property or which is situated in a preservation district, in violation of the provisions of this chapter, the City may institute appropriate proceedings to prevent such unlawful environmental changes.
(Ord. 22-79. Passed 10-15-79.)
(Ord. 22-79. Passed 10-15-79.)