Waverly City Zoning Code

TITLE FIVE

Additional Zoning Standards

1151.01 YARDS, COURTS AND OTHER OPEN SPACES.

The maintenance of yards, courts and other open spaces and the minimum lot area legally required for a building shall be a continuing obligation of the owner of the building or property on which it is located, as long as the building is in existence. Furthermore, no legally required yards, courts or other open space or minimum lot area allocated to any building shall, by virtue of change of ownership or for any other reason, be used to satisfy yard, court, other open space or minimum lot area requirements for any other building.

(Ord. 10-16-67. Passed 11-20-67.)

1151.02 DIVISION OF ZONING LOTS.

No improved zoning lot shall hereafter be divided into two or more zoning lots unless all improved zoning lots resulting from each such division shall conform with all the applicable bulk regulations of the zoning district in which the property is located. However, with respect to the resubdivision of improved zoning lots in an R-3 District, side yard requirements shall not apply between attached buildings.

(Ord. 10-16-67. Passed 11-20-67.)

1151.03 LOCATION OF REQUIRED OPEN SPACE.

All yards, courts and other open spaces allocated to a building or dwelling group shall be located on the same zoning lot as the building or dwelling group.

(Ord. 10-16-67. Passed 11-20-67.)

1151.04 REQUIRED YARDS FOR EXISTING BUILDINGS.

No yards now or hereafter provided for a building existing on the effective date of this section (Ordinance 10-16-67, passed November 20, 1967) shall subsequently be reduced below, or further reduced below if already less than, the minimum yard requirements of this Zoning Ordinance for equivalent new construction.

(Ord. 10-16-67. Passed 11-20-67.)

1151.05 PERMITTED OBSTRUCTIONS IN YARDS.

The following shall not be considered to be obstructions when located in the required yards specified:

(a) All yards. In all yards:

Open terraces not over four feet above the average level of the adjoining ground but not including a permanently roofed-over terrace or porch;

Awnings and canopies;

Steps, four feet or less above grade, which are necessary for access to a permitted building or for access to a zoning lot from a street or alley;

Chimneys projecting eighteen inches or less into the yard;

Recreational and laundry-drying equipment;

Arbors, trellises and flag poles;

Open mesh-type fences having a height of six feet or less may be used to located property lines within the required side or rear yards in the residential districts;

Fences, walls or lattice-work screens which form outside living rooms or provide necessary privacy for swimming pools or other activities, and are actual projections from the bearing walls of existing dwellings, may be extended into either the side or the rear yard but not both yards where the fence, wall or screen has not less than fifty percent of the surface open or is a vertical type of louvered fence, which can prevent free movement of air from one or more directions and yet have more than fifty percent of its surface open when viewed on an angle from two directions, provided that:

(1) The projection shall not prohibit the erection of an open mesh-type fence over six feet in height enclosing an elementary or high school site; and

(2) This projection shall not limit the height, type or location of a fence, wall or other structures which are located within the buildable area exclusive of the side or rear yards of the property.

(b) Front Yards. In front yards:

One-story bay windows projecting three feet or less into the yard; and

Overhanging eaves and gutters projecting three feet or less into the yard.

Enclosed, attached or detached off-street parking spaces, open off-street parking spaces;

Accessory sheds, tool rooms, and similar buildings or structures for domestic or agricultural storage;

Balconies;

Breezeways and open porches;

One-story bay windows projecting three feet or less into the yard;

Overhanging eaves and gutters projecting three feet or less into the yard;

In any residential district, no accessory building shall be nearer than five feet to the side lot line nor nearer than ten feet to any principal building unattached.

(d) Side Yards. In side yards:

Attached carports may be built to within four inches of a side line providing there is no building within four feet on the adjoining property;

Overhanging eaves and gutters projecting into the yard for a distance not exceeding forty percent of the required yard width, but in no case exceeding thirty inches.

(Ord. 10-16-67. Passed 11-20-67.)

1151.051 PRIVATE SWIMMING POOLS AND HOT TUBS.

(a) “Private swimming pool” means any in-ground or above-ground swimming, wading or other uncovered facility having more than one and one-half feet of water depth and having a surface area of 100 square feet or more.

(b) “Hot tub” means a device with the capability of heating and/or circulating water in which one or more people soak having a surface area of at least sixteen square feet.

(c) No private swimming pool or hot tub shall be located in any district of the City except as an accessory use to a residence and unless it complies with the following conditions and requirements:

(1) The pool or tub is intended and is used solely for the enjoyment of the occupant and guests of the principal user of the property upon which it is located; and

(2) The pool or tub is not located in the front yard; and

(3) The location of the pool or tub complies with Section 1151.10; and

(4) The pool or tub or the entire yard in which either is located shall be fenced in accordance with Section 1151.05, with a minimum height of four feet, so as to prevent uncontrolled access by children from the street or adjacent properties.

(d) No person shall install a swimming pool or hot tub in an outdoor location until a zoning permit has been issued by the Zoning Administrator, who shall review each request to determine its compliance with these regulations.

(Ord. 31-95. Passed 8-1-95.)

1151.06 VISION CLEARANCE, CORNER LOTS.

No building or structure hereafter erected and no planting or other obstruction to the vision of drivers of motor vehicles shall be located:

(a) Residence Districts. In residence districts, exceeding a height of three feet above the street grade within twelve feet of the intersecting street lines bordering corner lots; and

(b) Business, Manufacturing Districts. In business or manufacturing districts, within eight feet of the intersecting street lines bordering a corner lot, provided that this regulation shall not apply to that part of a building above the first floor.

(Ord. 10-16-67. Passed 11-20-67.)

1151.07 LOT AREA AND DIMENSION.

(a) Contiguous Parcels. When two or more parcels of land, each of which lacks adequate area and dimension to qualify for a permitted use under the requirements of the use district in which it is located, are contiguous and are held in one ownership, they shall be used as one zoning lot for such use.

(b) Lots or Parcels of Land of Record. Any single lot or parcel of land, held in one ownership, which was of record at the time of adoption of this section (Ordinance 10-16-67, passed November 20, 1967), that does not meet the requirements for minimum lot width and area, may be used for a permitted use, provided that yards, courts or usable open spaces are not less than seventy-five percent of the minimum required dimensions or areas.

(Ord. 10-16-67. Passed 11-20-67.)

1151.08 ACCESS TO PUBLIC STREET.

Except as otherwise provided for in this Zoning Ordinance, every building shall be constructed or erected upon a lot or parcel of land, which abuts upon a public street unless a permanent easement of access to a public street was of record prior to the adoption of this section (Ordinance 10-16-67, passed November 20, 1967).

(Ord. 10-16-67. Passed 11-20-67.)

1151.09 REZONING OF PUBLIC AND SEMIPUBLIC AREAS.

An area indicated on the Zoning Map as a public park, recreation area, public school site, cemetery or other similar open space, shall not be used for any other purpose than that designated; and when the use of the area is discontinued, it shall automatically be zoned to the most restricted adjoining district until appropriate zoning is authorized by Council, within three months after the date of application filed for rezoning.

(Ord. 10-16-67. Passed 11-20-67.)

1151.10 ACCESSORY BUILDINGS.

(a) Location.

(1) Side yards. When a side yard is required, no part of an accessory building shall be located closer than five feet to the side lot line along such side yards.

(2) Rear yards. When a rear yard is required, no part of an accessory building shall be located closer than five feet to the rear lot line or to those portions of the side lot lines abutting such required rear yard.

(3) Proximity to principal building. In a residence district, no detached accessory building shall be closer than ten feet to the principal building.

(b) Time of Construction. No accessory building or structure shall be constructed on any lot prior to the start of construction of the principal building to which it is accessory.

(c) Percentage of Required Rear Yard Occupied. No accessory building or buildings shall occupy more than forty percent of the area of a required rear yard.

(d) Height in Required Rear Yards. No accessory building or portion thereof located in a required rear yard shall exceed fifteen feet in height.

(e) Reversed Corner Lots. On a reversed corner lot in a residential district, and within fifteen feet of an adjacent property to the rear in a residence district, no accessory building or portion thereof located in a required rear yard shall be closer to the side lot line abutting the street than a distance equal to sixty percent of the least depth which would be required under this Zoning Ordinance for the front yard on such adjacent property to the rear. Further, in the above instance, no such accessory building shall be located within five feet of any part of the rear lot line which coincides with a side lot line or portion thereof of property in a residence district.
(Ord. 10-16-67. Passed 11-20-67. )

1151.11 HOUSE TRAILERS (MOBILE HOMES).

The following regulations shall apply to house trailers:

(a) A house trailer shall not be considered an accessory use for the purpose of this Zoning Ordinance.

(b) No house trailer shall be stored, parked or occupied for living purposes except:

(1) In an approved trailer park, provided that public or community sewer and water facilities are available for each trailer;

(2) For a period not to exceed one year on property for which a building permit for the construction of a permanent dwelling has been issued, provided that such construction is diligently carried forward to completion within such one-year period.

(c) A house trailer may be used as a temporary office or shelter incidental to construction on or development of the premises on which the trailer is located only during the period of time that such construction or development is actively underway.
(Ord. 10-16-67. Passed 11-20-67.)

1151.12 PERFORMANCE STANDARDS.

Any use established hereafter in any Residence or Business 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

(Adopting Ordinance)

1151.13 EXISTING SPECIAL EXCEPTIONS.

When a use is classified as a special exception under this Zoning Ordinance, and exists as a permitted use at the date of adoption of this section (Ordinance 10-16-67, passed November 20, 1967), it shall be considered a legal use, without further action of Council, the Zoning Administrator or the Municipal Planning Commission.
(Ord. 10-16-67. Passed 11-20-67; Ord. 55-20. Passed 9-21-10.)

1151.14 USES NOT SPECIFICALLY PERMITTED IN DISTRICTS.

When a use is not specifically listed in the sections devoted to "permitted uses" it shall be assumed that such uses are hereby expressly prohibited unless by a written decision of the Municipal Planning Commission it is determined that such use is similar to and not more objectionable than uses listed. (Ord. 10-16-67. Passed 11-20-67.)

1151.15 EXEMPTION OF AGRICULTURAL STRUCTURES.

The provisions of this Zoning Ordinance shall not be exercised so as to impose regulations or require permits with respect to land used or to be used for agricultural purposes, or with respect to the erection, maintenance, repair, alteration, remodeling or extension of buildings or structures used or to be used for agricultural purposes upon such land, except that buildings or structures for agricultural purposes may be required to conform to building or setback lines. In the event that the land ceases to be used solely for agricultural purposes, then and only then shall the provisions of this Zoning Ordinance apply.

(Ord. 10-16-67. Passed 11-20-67.)

1151.16 ADVERTISING BENCHES.

(a) Only a maximum of ten (10) advertising benches shall be allowed within the limits of the Village of Waverly. Advertising benches shall only be located at four (4) traffic

intersections with only one (1) advertising bench per intersection.

(b) A single company shall only be given a maximum of sixty percent (60%) of advertising bench permits and a single company shall not exceed ownership of sixty percent (60%) of all advertising benches within the limits of the Village of Waverly.

(d) All advertising benches will have a permit ID physically located on the advertising bench, which will be monitored by the Village of Waverly. All information regarding the advertiser shall be given to the Village of Waverly by the owner of the advertising bench. Upon the change of an advertiser on an advertising bench, the owner of the

advertising bench shall immediately notify the Village of Waverly of the new advertiser's name and contact information. Advertising benches will be checked by Village of Waverly monthly for condition and verification of the advertiser.

(e) No advertising benches shall be placed in or on any Village of Waverly Parks.

(f) Any non-permitted advertising benches shall be removed from the Village of Waverly within forty-five (45) days of this legislation going into effect. If after forty-five (45) days any non-permitted advertising benches are still located within the limits of the Village of Waverly, a fine of thirty dollars ($30.00) per day, per bench, shall be assessed upon the advertising bench owner until the non-permitted bench is removed.

(Ord. 42-2023. Passed 7-5-23.)

1151.17 RESIDENTIAL FENCES AND/OR HEDGES.

(a) Definition. "Fence" or "wall" means any structure composed of wood, metal, stone, brick or other material, including hedges or other plants, erected in such a manner and location so as to enclose, partially enclose or divide any premises or part of premises for the purpose of confinement, screening, partitioning, or decoration. Trellises or other structures for the purpose of supporting vines, flowers or other vegetation, when erected in such a position so as to enclose, partially enclose or divide any premises or any part of premises shall also be considered a fence.

A "decorative fence" shall mean a fence that is not suited for the confinement of animals or property and the opacity of the fence is less than twenty-five percent (25%).

(b) Certificate Required. No fence or wall, as defined above, may be erected within the Village unless the property owner or his agent files application with the Zoning Inspector. Such application shall include a drawing of the lot, showing the actual location of the proposed fence or wall. The property owner shall determine property lines and certify that the fence or wall does not encroach upon another lot or parcel of land. The owner shall also identify any dedicated easements and/or drainage structures in the immediate vicinity of the proposed fence and shall certify that he/she shall bear all future costs and liability associated with such fence being located on or over such dedicated easements or drainage structures.

(c) Height and Location. The permitted hei ght of a fence or wall shall be determined by its location on the property as follows:

(1) A fence or wall between forty-eight inches (48") and seventy-two inches (72") in height may be erected in any area of the lot behind the building setback line.

(2) A decorative fence or wall not exceeding forty-eight inches (48") in height may be erected within the front yard of any R District provided that the following conditions are met:

A. The fence or hedge is located not less than three (3) feet from the street right-of-way line, and

B. Such decorative fence shall not consist of discarded wood or debris, and

C. The provisions of subsection (d) hereof are met.

(3) A fence or wall must be at least six inches (6") inside of the property owner's property line.

(4) In any nonresidential district, a fence or wall of any height may be erected in any portion of the lot provided all portions of the fence are at least one (1) foot from the property line, and the provisions of subsection (d) hereof.

(5) On any corner lot in any district, no fence, hedge, or wall higher than thirty-six inches (36") above the established street grade shall be erected or maintained within the line connecting points on the street lines twenty-five (25) feet from the stop bar at such corner.

(d) Prohibited Fences. In any R District, no person shall erect or maintain any above ground fence or wall charged with electrical current, nor shall any person erect or maintain any fence or wall with barbed wire, razor wire, or other exposed cutting points or edges.

(e) Penalty. Existing fences must be kept in a good state of repair. Should a fence fall into a state of disrepair, the property shall have thirty (30) days to repair and/or remove the fence. If after thirty (30) days the fence is still in a state of disrepair, the property owner shall incur a one-hundred and fifty dollar ($150.00) fine.

(Ord. 61-2024. Passed 8-7-24.)

1153.01 CONTINUANCE OF USE.

(a) Any lawfully established use of a building or land, on the effective date of Ordinance 10-16-67, passed November 20, 1967, or of amendments thereto, that does not conform to the use regulations for the district in which it is located, shall be deemed to be a legal nonconforming use and may be continued, except as otherwise provided herein.

(b) Any legal nonconforming building or structure may be continued in use provided there is no physical change other than necessary maintenance and repair, except as otherwise permitted herein.

(c) Any building for which a permit has been lawfully granted prior to the effective date of Ordinance 10-16-67, passed November 20, 1967, or of amendments thereto, may be completed in accordance with the approved plans; provided construction is started within ninety days and diligently prosecuted to completion. The building shall thereafter be deemed a lawfully established building.
(Ord. 10-16-67. Passed 11-20-67.)

1153.02 DISCONTINUANCE OF USE.

(a) Whenever any part of a building, structure or land occupied by a nonconforming use is changed to or replaced by a use conforming to the provisions of this Zoning Ordinance, such premises shall not thereafter be used or occupied by a nonconforming use, even though the building may have been originally designed and constructed for the prior nonconforming use.

(b) Whenever a nonconforming use of a building or structure or part thereof, has been discontinued for a period of six months, or whenever there is evident a clear intent on the part of the owner to abandon a nonconforming use, such use shall not, after being discontinued or abandoned, be reestablished, and the use of the premises thereafter shall be in conformance with the regulations of the district, except whenever a nonconforming use dependent on seasonal trade has been discontinued for a period of one year, such use shall not thereafter be established and any future use shall be in conformity with the provisions herein.

(c) Where no enclosed building is involved, discontinuance of a nonconforming use for a period of six months shall constitute abandonment, and the premises shall not thereafter be used in a nonconforming manner.
(Ord. 10-16-67. Passed 11-20-67.)

1153.03 NONCONFORMING USE CAUSED BY REZONING.

The provisions of Sections 1153.01 and 1153.02 shall also apply to buildings, structures, land or uses which hereafter become nonconforming due to any reclassification of zones under this Zoning Ordinance or any subsequent change in the regulations of this Zoning Ordinance, and any time periods specified for discontinuance of nonconforming uses shall be measured from the date of such reclassification or change.

(Ord. 10-16-67. Passed 11-20-67.)

1153.04 TERMINATION AND REMOVAL OF NONCONFORMING USES, BUILDINGS AND OTHER STRUCTURES IN RESIDENCE DISTRICTS.

The period of time during which the following nonconforming uses of buildings, structures or land may continue or remain in residence districts shall be limited to two years from the effective date of Ordinance 10-16-67, passed November 20, 1967, or of any amendment thereto which causes the use to be nonconforming. Every such nonconforming use shall be completely removed from the premises by the expiration date:

(a) Any nonconforming use of a building or structure having an assessed valuation not in excess of five hundred dollars ($500.00) on the effective date of this section (Ordinance 10-16-67, passed November 20, 1967).

(b) All nonconforming signs, billboards and outdoor advertising structures.

(c) Any nonconforming use of land where no enclosed building is involved, or where the only buildings employed are accessory or incidental to such use, or where such use is maintained in connection with a conforming building.

(Ord. 10-16-67. Passed 11-20-67.)

1153.05 REPAIRS AND ALTERATIONS.

(a) Normal maintenance of a building or other structure containing a nonconforming use is permitted, including necessary nonstructural repairs and incidental alterations which do not extend or intensify the nonconforming use.

(b) No structural alteration shall be made in a building or other structure containing a nonconforming use, except in the following situations:

(1) When the alteration is required by law;

(2) When the alteration will actually result in eliminating the nonconforming use;

(3) When a building in a residence district containing residential nonconforming uses may be altered in any way to improve livability, provided no structural alterations shall be made which would increase the number of dwelling units or the bulk of the building.
(Ord. 10-16-67. Passed 11-20-67.)

1153.06 DAMAGE AND DESTRUCTION.

If a building or other structure containing a nonconforming use is damaged or destroyed by any means to the extent of fifty percent or more of its replacement value at the time, the building or other structure can be rebuilt or used thereafter only for a conforming use and in compliance with the provisions of the district in which it is located. In the event the damage or destruction is less than fifty percent of its replacement value, based upon prevailing costs, the building may then be restored to its original condition and the occupancy or use of such building may be continued which existed at the time of such partial destruction.

In either event, restoration or repair of the building or other structure must be started within a period of six months from the date of damage or destruction, and diligently prosecuted to completion. (Ord. 10-16-67. Passed 11-20-67.)

1153.07 ADDITIONS AND ENLARGEMENTS.

(a) A nonconforming building may be enlarged or extended only if the entire building is thereafter devoted to a conforming use, and is made to conform to all the regulations of the district in which it is located.

(b) No building partially occupied by a nonconforming use shall be altered in such a way as to permit the enlargement or expansion of the space occupied by such nonconforming use.

(c) No nonconforming use may be enlarged or extended in such a way as to occupy any required usable open space, or any land beyond the boundaries of the zoning lot as it existed on the effective date of this section (Ordinance 10-16-67, passed November 20, 1967 ) or to displace any conforming use in the same building or on the same parcel of land.

(d) A building or structure which is nonconforming with respect to yards, floor area ratio, or any other element of bulk shall not be altered or expanded in any manner which would increase the degree or extent of the nonconformity with respect to the bulk regulations for the district in which it is located.
(Ord. 10-16-67. Passed 11-20-67. )

1153.08 EXEMPTED BUILDINGS, STRUCTURES AND USES.

Whenever a lawfully existing building or other structure otherwise conforms to the use regulations of this Zoning Ordinance, but is nonconforming only in the particular manner hereinafter specified, the building and use thereof shall be exempt from the requirements of Sections 1153.04 and 1153.05.

(a) In any residence district, where a dwelling is nonconforming only as to the number of dwelling units it contains, provided no such building shall be altered in any way so as to increase the number of dwelling units therein.

(b) In any residence district, where a use permitted in the B-1 District occupies ground floor space within a multiple family dwelling located on a corner lot.

(c) In any business or manufacturing district, where the use is less distant from a residence district than that specified in the regulations for the district in which it is located.

(d) In any district, where an established building, structure or use is nonconforming with respect to the standards prescribed in this Zoning Ordinance for any of the following:

(1) Floor area ratio;

(2) Yards: front, side, rear or transitional;

(3) Off-street parking or loading;

(4) Lot area;

(5) Building height;

(6) Gross floor area.
(Ord. 10-16-67. Passed 11-20-67.)

1153.09 CONVERSION TO SPECIAL EXCEPTION.

Any nonconforming use may be made a special exception by the granting of a special exception permit, as authorized in Chapter 1113.

(Ord. 10-16-67. Passed 11-20-67.)

1155.01 PURPOSE.

The purpose of this chapter is to alleviate or prevent the congestion of public streets and so promote the safety and welfare of the public by establishing minimum requirements for off-street parking, loading and unloading of motor vehicles in accordance with the use to which property is put.
(Ord. 10-16-67. Passed 11-20-67.)

1155.02 APPLICABILITY OF REGULATIONS.

The off-street parking and loading provisions of this Zoning Ordinance shall apply as follows:

(a) For all buildings and structures erected and all uses of land established after the effective date of this section (Ordinance 10-16-67, passed November 20, 1967), accessory parking and loading facilities shall be provided as required by the regulations of the district in which such buildings or uses are located. However, where a building permit has been issued prior to the effective date of this section (Ordinance 10-16-67, passed November 20, 1967), and provided that construction is begun within one year of such effective date, and diligently prosecuted to completion, parking and loading facilities as required hereinafter need not be provided.

(b) When the intensity of use of any building, structure or premises shall be increased through addition of dwelling units, gross floor area, seating capacity or other units of measurement specified herein for required parking or loading facilities, parking and loading facilities as required herein shall be provided for such increase in intensity of use.

However, no building or structure lawfully erected or use lawfully established prior to the effective date of this section shall be required to provide such additional parking or loading facilities unless and until the aggregate increase in unit of measurement shall equal not less than fifteen percent of the unit of measurement existing upon the effective date of this section, in which event parking or loading facilities as required herein shall be provided for the total increase.

(c) Whenever the existing use of a building or structure shall be changed hereafter to a new use, parking or loading facilities shall be provided as required for such new use. However, if the building or structure was erected prior to the effective date of this section, additional parking or loading facilities are mandatory only in the amount by which the requirements for the new use would exceed those for the existing use if the latter were subject to the parking and loading provisions of this Zoning Ordinance.
(Ord. 10-16-67. Passed 11-20-67.)

1155.03 EXISTING FACILITIES.

Accessory off-street parking or loading facilities which are located on the same lot as the building or use served and which were in existence on the effective date of this section (Ordinance 10-16-67, passed November 20, 1967) or were provided voluntarily after such effective date shall not hereafter be reduced below, or if already less than, shall not be further reduced below, the requirements of this Zoning Ordinance for a similar new building or use.
(Ord. 10-16-67. Passed 11-20-67.)

1155.04 PERMISSIVE PARKING AND LOADING FACILITIES.

Nothing in this Zoning Ordinance shall be deemed to prevent the voluntary establishment of off-street parking or loading facilities to serve any existing use of land or buildings provided that all regulations herein governing the location, design, improvement and operation of such facilities are adhered to.

(Ord. 10-16-67. Passed 11-20-67.)

1155.05 DAMAGE OR DESTRUCTION.

For any conforming or legally nonconforming building or use which is in existence on the effective date of this section (Ordinance 10-16-67, passed November 20, 1967), which subsequent thereto is damaged or destroyed by fire, collapse, explosion or other cause, and which is reconstructed, re-established or repaired, off-street parking or loading facilities equivalent to any maintained at the time of such damage or destruction shall be restored or continued in operation. However, in no case shall it be necessary to restore or maintain parking or loading facilities in excess of those required by this Zoning Ordinance for equivalent new uses or construction.
(Ord. 10-16-67. Passed 11-20-67.)

1155.06 CONTROL OF OFF-SITE PARKING FACILITIES.

When required parking facilities are provided on land other than the zoning lot on which the building or use served by such facilities is located, they shall be and remain in the same possession or ownership as the zoning lot occupied by the building or use to which the parking facilities are accessory. No such off-site parking facilities shall be authorized and no occupancy permit shall be issued where the plans call for parking facilities other than on the same zoning lot until the Zoning Board of Appeals has reviewed the plans and heard the applicant and made findings that the common ownership or possession of the zoning lot and the site of the parking facilities are reasonably certain to continue and that the off-site parking facilities will be maintained at all times during the life of the proposed use or building.

(Ord. 10-16-67. Passed 11-20-67.)

1155.07 SUBMISSION OF PLOT PLAN.

Any application for a building permit, or for a certificate of occupancy where no building permit is required, shall include therewith a plot plan, drawn to scale and fully dimensioned, showing any parking or loading facilities to be provided in compliance with this Zoning Ordinance. (Ord. 10-16-67. Passed 11-20-67.)

1155.08 USE OF PARKING FACILITIES.

Off-street parking facilities accessory to residential use and developed in any residential district in accordance with the requirements of this section shall be used solely for the parking of passenger automobiles owned by occupants of the dwelling structures to which such facilities are accessory or by guests of the occupants. Under no circumstances shall required parking facilities accessory to residential structures be used for the storage of commercial vehicles or for the parking of automobiles belonging to the employees, owners, tenants, visitors or customers of business or manufacturing establishments.

(Ord. 10-16-67. Passed 11-20-67.)

1155.09 JOINT PARKING FACILITIES.

Off-street parking facilities for different buildings, structures or uses, or for mixed uses, may be provided collectively in any zoning district in which separate parking facilities for each constituent use would be permitted, provided that the total number of spaces so located together shall not be less than the sum of the separate requirements for each use.

(Ord. 10-16-67. Passed 11-20-67.)

1155.10 COMPUTATION OF REQUIRED SPACES.

When determination of the number of off-street parking spaces required by this Zoning Ordinance results in a requirement of a fractional space, any fraction of one-half or less may be disregarded while a fraction in excess of one-half shall be counted as one parking space. (Ord. 10-16-67. Passed 11-20-67.)

1155.11 SIZE OF EACH PARKING S PAC E.

A required off-street parking space shall be at least eight and one-half feet in width and at least twenty feet in length, exclusive of access drives or aisles, ramps, columns or office or work areas. Such space shall have a vertical clearance of at least seven feet.

(Ord. 10-16-67. Passed 11-20-67.)

1155.12 ACCESS TO PARKING SPACES.

Each required off-street parking space shall open directly upon an aisle or driveway of such width and design as to provide safe and efficient means of vehicular access to such parking space. All off-street parking facilities shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movements. No driveway across public property nor curb cut shall exceed a width of thirty feet.
(Ord. 10-16-67. Passed 11-20-67.)

1155.13 LOCATION IN YARDS.

Off-street parking spaces may be located in any yard except a required front yard.

(Ord. 10-16-67. Passed 11-20-67.)

1155.14 DESIGN AND MAINTENANCE.

(a) Open and Enclosed Parking Spaces. Accessory parking spaces located on the same lot as occupied by the use served may be open to the sky or enclosed in a building. Accessory parking spaces located in a residence district elsewhere than on the same lot occupied by the use served shall be open to the sky except when otherwise allowed as a special exception.

(b) Surfacing. All open off-street parking areas, except a single parking space accessory to a one-family dwelling, shall be improved with a compacted macadam base, not less than four inches thick, surfaced with asphaltic concrete or some comparable all-weather dustless material.

(c) Screening and Landscaping. All open automobile parking areas containing more than four parking spaces shall be effectively screened on each side adjoining or fronting on any property situated in a residence district, or any institutional premises, by a wall, fence or densely planted compact hedge not less than five feet nor more than seven feet in height. Such required screening shall conform with the front and side yard setback requirements of the district in which the parking is located.

(d) Lighting. Any lighting used to illuminate off-street parking areas shall be directed away from residential properties in such a way as not to create a nuisance.

(e) Signs. Accessory signs are permitted on parking areas.

(f) Vehicle Repair and Service Prohibited. No motor vehicle repair work of any kind shall be permitted in conjunction with accessory off-street parking facilities provided in a residence district. The sale of gasoline and motor oil in conjunction with accessory off-street parking facilities is not permitted in any residence district.

(Ord. 10-16-67. Passed 11-20-67.)

1155.15 MAXIMUM NUMBER OF SPACES.

The total number of accessory parking spaces provided for one-family, two-family or multiple family dwellings or hotels shall not exceed that required by this Zoning Ordinance for such use or for any equivalent new use by more than fifty percent, or four spaces, whichever number is greater, in an R-3, R-4 or business district.

(Ord. 10-16-67. Passed 11-20-67.)

1155.16 FLOOR AREA EXEMPTIONS.

When two or more uses are located on the same zoning lot, only one exemption in terms of floor area, as set forth in the Schedule of Parking Requirements of Section 1155.18, shall be taken. (Ord. 10-16-67. Passed 11-20-67.)

1155.17 LOCATION OF ACCESSORY OFF-STREET PARKING FACILITIES.

The location of off-street parking spaces in relation to the use served shall be as prescribed hereinafter. All distances specified shall be walking distances between such parking spaces and a main entrance to the use served.

(a) Residence Districts. Parking spaces accessory to dwellings shall be located on the same zoning lot as the use served. Spaces accessory to uses other than dwellings may be located on a lot adjacent to, or directly across a street or alley from, the lot occupied by the use served, but in no case at a distance in excess of 300 feet from such use.

(b) Business and Manufacturing Districts. All required parking spaces shall be within 1,000 feet of the use served, except for spaces accessory to dwelling units (except those located in a transient hotel) which shall be within 300 feet of the use served. However, no parking spaces accessory to a use in a business or manufacturing district shall be located in a residence district, except that private, free, off-street parking accessory to such use and Municipal parking lots may be allowed by special exception permit in accordance with the provisions of Chapter 1113, within 200 feet of and adjacent to any business or industrial district.
(Ord. 10-16-67. Passed 11-20-67.)

1155.18 SCHEDULE OF PARKING REQUIREMENTS.

For the following uses, accessory off-street parking spaces shall be provided as required hereafter. Parking spaces required on an employee basis shall be based on the maximum number of employees on duty or residing, or both, on the premises at any one time.

(a) Residential Uses.

One and two-family dwellings. Two parking spaces shall be provided for each dwelling unit.

Multiple family dwellings, including apartment hotels. Three parking spaces shall be provided for each two dwelling units. For lodging rooms located in an apartment hotel, one parking space shall be provided for each two lodging rooms.

Tourist courts, tourist homes, motels and motor hotels. One parking space shall be provided for each dwelling unit or lodging room.

Hotels, transient. One parking space for each dwelling unit and one parking space for each two lodging rooms shall be provided.

Lodging houses. One parking space shall be provided for each two lodging rooms, plus one space for the owner or manager.

Private clubs and lodges, with sleeping facilities for guests. One parking space shall be provided for each two lodging rooms plus parking spaces equal in number to ten percent of the capacity in persons, exclusive of lodging room capacity, of such club or lodge.

House trailer camps. One parking space shall be provided for each trailer space.

(b) Retail and Service Uses.

Retail stores and banks. One parking space shall be provided for each 200 square feet of floor area in excess of 2,000 square feet. Drive-in banks or other similar drive-in establishments shall provide three stacking spaces per teller or customer service window.

Automobile service stations. One parking space shall be provided for each two employees.

Automobile laundry. Twenty stacking spaces shall be provided for each wash rack, plus one parking space for each four employees.

Bowling alleys. Three parking spaces shall be provided for each alley, plus such additional spaces as may be required herein for affiliated uses: bars, restaurants and the like.

Establishments dispensing food or beverages for consumption on the premises. One parking space shall be provided for each 300 square feet of floor area.

Furniture and appliance stores, household equipment or furniture repair shops. One parking space shall be provided for each 600 square feet of floor area in excess of 2,000 square feet.

Motor vehicle sales and machinery sales. One parking space shall be provided for each 300 square feet of floor area.

Theaters, indoor. One parking space shall be provided for each five seats.

Undertaking establishments, funeral parlors. Six parking spaces shall be provided for each chapel or parlor, plus one parking space for each funeral vehicle kept on the premises.

(c) Offices: Business, Professional and Governmental. One parking space shall be provided for each 200 square feet of floor area.

(d) Wholesale Establishments Not including Warehouses and Storage Buildings Other Than Accessory. One parking space shall be provided for each 600 square feet of floor area in excess of 4,000 square feet.

(e) Establishments for Production, Processing, Cleaning, Servicing, Testing or Repair. One parking space shall be provided for each two employees, plus one parking space for each vehicle used in the conduct of the enterprise.

(f) Warehouses and Storage Buildings. One parking space shall be provided for each two employees, plus one parking space for each vehicle used in the conduct of the enterprise.

(g) Community Service Uses.

Church, school, college and other institutional auditoriums. One parking space shall be provided for each three auditorium seats. Adequate space shall also be provided for buses used in connection with the activities of the institution, and all loading and unloading of passengers shall take place upon the premises.

Colleges, universities and business, professional and trade schools. One parking space shall be provided for each four students based on the maximum number of students attending classes on the premises at any one time during any twenty-four hour period.

Health centers, government-operated. Three parking spaces shall be provided for each staff and visiting doctor.

Hospitals. One parking space shall be provided for each two hospital beds, plus one parking space for each two employees other than staff doctors, plus one parking space for each doctor assigned to the staff.

Libraries, art galleries and museums, public. One parking space shall be provided for each 1,000 square feet of gross floor area.

Municipal or privately owned recreation building or community center. One parking space shall be provided for each two employees, plus spaces adequate in number, as determined by the Zoning Administrator, to serve the visiting public.

Public utility and public service uses. One parking space shall be provided for each three employees plus spaces adequate in number, as determined by the Zoning Administrator, to serve the public.

Schools: nursery, elementary and high. One parking space shall be provided for each employee.

(h) Places of Assembly.

Stadiums; arenas; auditoriums, other than church, college or institutional school, convention halls; dance halls; exhibition halls; skating rinks; and other similar places of assembly. Parking spaces equal in number to twenty-five percent of the capacity in persons shall be provided.

(i) Miscellaneous Uses.

Fraternities, sororities and dormitories. One parking space shall be provided for each five active members, plus one space for the manager thereof.

Institutions for the care of the insane and feeble-minded. One parking space shall be provided for each staff doctor, plus spaces adequate in number, as determined by the Zoning Administrator, to serve the visiting public.

Private clubs and lodges without sleeping facilities for guests. Parking spaces equal in number to ten percent of the capacity in persons shall be provided.

Rest homes or nursing homes. One parking space shall be provided for each four beds, plus one parking space for each two employees other than staff doctors, plus one parking space for each doctor assigned to the staff.

Sanitariums, convalescent homes or institutions for the aged or for children. One parking space shall be provided for each four beds, plus one parking space for each two employees other than staff doctors, plus one parking space for each doctor assigned to the staff.

Theaters: automobile drive-in. Reservoir parking spaces equal to ten percent of the vehicle capacity of such theaters shall be provided.

For the following uses, parking spaces shall be provided in adequate number, as determined by the Zoning Administrator, to serve persons employed or residing on the premises as well as the visiting public:

Airports or aircraft landing fields; heliports.

Convents and monasteries.

Crematories or mausoleums.

Fraternal or religious institutions.

Outdoor amusement establishments: fairgrounds, permanent carnivals, kiddie parks and other similar amusement centers.

Penal and correctional institutions.

Rectories and parish houses.

Swimming pools.

(j) Mixed Uses. When two or more uses are located on the same zoning lot within the same building, parking spaces equal in number to the sum of the separate requirements for each such use shall be provided. No parking space or portion thereof shall serve as a required space for more than one use unless otherwise authorized by the Zoning Board of Appeals.

(k) Other Uses. For uses not listed in this schedule, parking spaces shall be provided on the same basis as required for the most similar listed use, or as determined by the Zoning Administrator.

(Ord. 10-16-67. Passed 11-20-67.)

1155.19 OFF-STREET LOADING.

(a) Location. All required loading berths shall be located on the same zoning lot as the use served. No loading berth for vehicles over two tons capacity shall be closer than fifty feet to any property in a residence district unless completely enclosed by building walls, or a uniformly painted solid fence or wall, or any combination thereof, not less than six feet in height. No permitted or required loading berth shall be located within twenty-five feet of the nearest point of intersection of any two streets.

(b) Size. Unless otherwise specified, a required loading berth shall be at least ten feet in width by at least twenty-five feet in length, exclusive of aisles and maneuvering space, and shall have a vertical clearance of at least fourteen feet.

(c) Access. Each required off-street loading berth shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movements.

(d) Surfacing. All open off-street loading berths shall be improved with a compacted macadam base, not less than seven inches thick, surfaced with not less than two inches of asphaltic concrete or some comparable all-weather dustless material.

(e) Vehicle Repair and Service Prohibited. No motor vehicle repair work or service of any kind shall be permitted in conjunction with loading facilities provided in any residence or business districts.

(f) Loading Spaces Are in Addition to Parking Spaces. Space allocated to any off- street loading berth shall not, while so allocated, be used to satisfy the space requirements for any off-street parking facilities or portions thereof.

(g) Special Exceptions. For special exceptions, other than prescribed for hereinafter, loading berths adequate in number and size to serve such uses, as determined by the Zoning Administrator, shall be provided.

(h) Loading Facilities for Small Buildings. Uses for which off-street loading facilities are required herein but which are located in buildings of less floor area than the minimum prescribed for such required facilities shall be provided with adequate receiving facilities off any adjacent alley, service drive or open space on the same lot which is accessible by motor vehicle.
(Ord. 10-16-67. Passed 11-20-67.)

1155.20 SCHEDULE OF LOADING REQUIREMENTS.

For the uses listed in the following table, off-street loading berths shall be provided on the basis of the gross floor area of buildings or portions thereof devoted to such uses in the amounts shown.

SCHEDULE OF LOADING REQUIREMENTS

Use	Gross Floor Area (Sq. Ft.)	Required Number and Minimum Horizontal Dimensions of Berths
(a) Hospitals, sanitariums and other institutional uses. (b) Hotels, clubs and lodges, except as set forth in (e) hereof	10,000 to 200,000 For each additional 200,000 or fraction thereof	1 - (10 ft. x 25 ft.) 1 additional (10 ft. x 25 ft.)
(c) Hotels, clubs and lodges, when containing any of the following:: retail shops, convention halls, auditoriums, exhibition halls or business or professional offices (other than accessory)	10,000 to 20,000 20,000 to 150,000 For each additional 150,000 or fraction thereof	1 - (10 ft. x 25 ft.) 1 - (10 ft. x 50 ft.) 1 additional (10 ft. x 50 ft.)
(d) Retail stores (e) Establishments dispensing food or beverages for consumption on the premises (f) Motor vehicle and machinery sales (g) Wholesale establishments (but not including warehouse and storage buildings other than accessory)	5,000 to 10,000 10,000 to 25,000 25,000 to 40,000 For each additional 200,000 or fraction thereof	1 - (10 ft. x 25 ft.) 2 - (10 ft. x 25 ft. ea.) 2 - (10 ft. x 50 ft. ea.) 1 additional (10 ft. x 50 ft.)

Use	Gross Floor Area (Sq. Ft.)	Required Number and Minimum Horizontal Dimensions of Berths
(h) Auditoriums, convention halls, exhibition halls, sports arenas, stadiums (i) Bowling alleys	10,000 to 20,000 20,000 to 100,000 For each additional 100,000 or fraction thereof	1 - (10 ft. x 25 ft.) 1 - (10 ft. x 25 ft.) 1 additional (10 ft. x 50 ft.)
(j) Banks and offices: business, professional and governmental	10,000 to 100,000 For each additional 100,000 or fraction thereof For each additional 500,000 or fraction thereof	1 - (10 ft. x 25 ft.) 1 additional (10 ft. x 25 ft.) 1 additional (10 ft. x 25 ft.)
(k) Establishments engaged in production, processing, cleaning, servicing, testing or repair of materials, goods or products (l) Warehouses and storage buildings	5,000 to 10,000 10,000 to 40,000 40,000 to 100,000 For each additional 100,000 or fraction thereof	1 - (10 ft. x 25. ft.) 1 - (10 ft. x 25 ft.) 2 - (10 ft. x 50 ft. ea.) 1 additional (10 ft. x 50 ft.)
(m) Theaters	8,000 to 25,000 For each additional 50,000 or fraction thereof	1 - (10 ft. x 25 ft.) 1 additional (10 ft. x 25 ft.)
(n) Undertaking establishments and funeral parlors	8,000 to 100,000 For each additional 100,000 or fraction thereof	1 - (10 ft. x 25 ft.) 1 additional (10 ft. x 25 ft.)

1157.01 SCHEDULE OF SPECIAL EXCEPTIONS.

	R-1	R-2	R-3	R-4	B-1	B-2	M-1	M-2	M-3
Airports, or aircraft landing field	•	•	•	•			•	•	•
Blacksmith or welding shop
Cemeteries, including crematories and mausoleums in conjunction therewith if not located within 500 ft. of any dwelling	•	•	•	•
Churches, rectories and parish houses					•	•
Clubs or lodges (nonprofit), fraternal or religious institutions					•	•
Colleges and universities, including dormitories, fraternities, sororities and other accessory buildings and structures or trade schools	•	•	•	•	•	•	•	•	•
Filling of holes, pits or lowlands with noncombustible material free from refuse and food wastes	•	•	•	•
Grain elevators and storage
Hospitals and sanitariums					•	•
Institutions for the aged and for children	•	•	•	•
Junk yards and automobile wrecking yards, provided they are contained within completely enclosed buildings or screened by a solid wall or uniformly painted solid fence at least 12 ft. high								•	•
Livestock depots and sales yards					•	•
Milk depots
Milk processing and distribution, including pasteurizing and manufacture of ice cream but not including the processing or manufacture of cheese
Mining, loading, and hauling of sand, gravel, topsoil or other aggregate or minerals, including equipment, buildings or structures for screening, crushing, mixing, washing, or storage, provided that: (1) no open pit or shaft is less than 300 feet from any public road, nor less than 500 feet from an existing residence or residence district established by this Ordinance; (2) all buildings or structures for the screening, crushing, washing, mixing, or storage are located not less than l,000 feet from an existing residence or any residence district established by this Ordinance; (3) the borders of the entire property are fenced with a solid fence or wall at least six feet in height; and (4) a plan of development for the reclamation of the land is provided as part of the application for special exception.

	R-1	R-2	R-3	R-4	B-1	B-2	M-1	M-2	M-3
The plan of development shall be accompanied by a written agreement between the owner or his agent and the County, and a performance bonds in the amount equal to the cost of the reclamation of the land as set forth in the development plan
Outdoor amusement establishments, fairgrounds, carnivals, circuses, race tracks, and other similar amusement centers, and including places of assembly devoted thereto, such as stadiums and arenas					•	•
Outdoor theaters (drive-in)							•	•	•
Parks, public or commercial
Penal and correctional institutions
Philanthropic and eleemosynary institutions	•	•	•	•
Planned developments and institutional developments	•	•	•	•
Private clubs or lodges, except those the chief activity or which is a service customarily carried on as a business	•	•	•	•	•	•	•	•	•
Private recreational areas or camps, when not operated for profit	•	•	•	•
Public service sewage treatment plant
Public utility and public service uses, including: electric substations and booster stations; fire stations; police stations; public art galleries and museums; public libraries; telephone exchanges; repeater stations; micro- wave relay towers and stations, mobile transmitting towers and stations, antenna towers and other outdoor equipment essential to the operation of the exchange in the interest of public convenience and necessity; bus terminals or other public transportation terminal facilities; water filtration plans; water pumping stations; water reservoir and other similar uses	•	•	•	•	•	•
Radio and television towers, commercial	•	•	•	•
Rest homes, nursing homes, hospitals and sanitariums, institutions for the aged and for children, for human beings only	•	•	•	•
Riding academies and stables	•
Sales yards, wholesale or retail, for agricultural products, including, but not necessarily limited to, fruits, vegetables, flowers, plants, etc.

	R-1	R-2	R-3	R-4	B-1	B-2	M-1	M-2	M-3
Sanitary land fill, when operated or supervised by the County Board of Supervisors									•
Schools, day or nursery, public or private	•	•	•	•
Seasonal residential uses, summer cabins, camps and cottages for seasonal and not permanent or year-round occupancy. The lot area and width of lot for such uses shall be as specified with the special exception permit but in no case shall the lot area be less than one acre.
Stadiums, auditoriums and arenas							•	•	•
Stone and gravel quarries and crushing, grading, washing and loading equipment and structures								•	•
Trailer or mobile home parks, provided that public or community sewer and water facilities are available for each trailer, and that each trailer site contains not less than 2,400 sq. ft. of area, including parking space, but not including roadways.							•
Truck parking areas, the prime purpose of which is the loading and shipping of farm products, livestock, poultry, fertilizer, etc.
Telephone booths	•	•	•	•
Hotels and motels, including non-flashing business signs which have a gross surface area of not more than 100 sq. ft. Said hotels or motels shall not include restaurants or cocktail lounges, or any other retail business or service establishment				•
Hotels and motels, including restaurants and meeting rooms						•
(Ord. 10-16-67. Passed 11-20-67.)

1159.01 DEFINITION.

"Family care facility" means a facility which provides room and board, personal care and continuous twenty-four hour a day on-site adult supervision for up to six individuals, exclusive of staff, who are mentally retarded, developmentally disabled, physically handicapped or aged (over sixty years of age) persons, who are able to be integrated into a family type setting and who do not require institutional care or treatment. This category is licensed by and/or has accountability to a governmental agency for the clientele served. This category does not include nursing homes, hospitals, rest homes, boarding or lodging houses, homes with up to three foster children, half-way houses for individuals released from incarceration, or facilities for drug abuse rehabilitation programs.

1159.02 PURPOSE.

The purpose of this chapter is to promote a greater choice of noninstitutional housing opportunities for potential facility residents, to avoid a high concentration of residential care facilities and to establish the suitability of the requested use at the proposed location.

1159.03 PERMIT REQUIRED.

A special exception use permit shall be required for the establishment of a family care facility.

1159.04 MINIMUM REQUIREMENTS FOR ISSUANCE OF PERMIT.

The minimum requirements for issuance of a special exception use permit for a family care facility shall include, but not be limited to the following:

(a) The facility shall be and remain architecturally compatible with other residential dwellings or structures in the immediate surrounding neighborhood.

(b) All building, fire, safety and health regulations and laws of the State and the City shall be maintained.

(d) The facility shall not generate traffic unreasonably greater in volume or different in nature than would otherwise normally occur in the neighborhood where the facility is located.

(e) The facility shall be occupied by no more than six persons, who need not be related, excluding supervisory and care staff.

(f) The facility shall not utilize for sleeping more than forty percent (40%) of the minimum net floor area for living quarters as defined in the "Rules for Licensure" for the Ohio Department of Mental Retardation and Developmental Disabilities.

(g) There shall be no sign identifying the dwelling as a residential care facility erected in the yard, posted in a window or mounted on the building.

(h) No family care facility as defined in Section 1159.01 shall be located within a 3,000 foot radius of another such facility.

(i) No facility shall be permitted to be constructed or operated until the agency, organization or institution supervising such a facility shows to the City that the facility and its operation complies with all licensing requirements of the appropriate Sate agency.

(j) No facility shall be permitted in other than the following Zoning Districts: R-4, B-1 and B-2.