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Waynesville City Zoning Code

GENERAL ZONING

REGULATIONS

§ 153.130 CONFORMANCE REQUIRED.

   Except as hereinafter specified, no land, building, structure, or premises shall hereafter be used, and no building or part thereof, or other structure, shall be located, erected, moved, reconstructed, extended, enlarged, or altered except in conformity with the regulations herein specified for the district in which it is located; such regulations include, without limitation, the following: the specific use of buildings, structures, or land, including performance standards for the control of any dangerous and objectionable elements in connection with such use; the height, size, and dimensions of buildings or structures; the size or dimensions of lots, yards, and other open spaces surrounding buildings; the provision, location, size, improvement, and operation of off-street parking, loading, and unloading spaces.
(Ord. 96-152, passed 10-7-1996) Penalty, see § 153.999
Statutory reference:
   Violation of zoning ordinances, see R.C. § 713.13

§ 153.131 PROHIBITED USES.

   Uses not expressly permitted in the Zoning Code, except as approved when appropriate under the Exceptional Use District (EU), are thereby prohibited.
(Ord. 96-152, passed 10-7-1996) Penalty, see § 153.999

§ 153.132 CONVERSION TO DWELLINGS.

   The conversion of any building into a dwelling or the conversion of any dwelling so as to accommodate an increased number of dwelling units or households shall be permitted only within a district in which a new building for similar occupancy would be permitted under this Zoning Code and only when the resulting occupancy will comply with the requirements governing new construction in such district with respect to minimum lot size, lot area per dwelling unit, percentage of lot coverage, dimensions of yards and other open spaces, and off-street parking. Each conversion shall be subject also to such further requirements as may be specified hereinafter to such district.
(Ord. 96-152, passed 10-7-1996) Penalty, see § 153.999

§ 153.133 ACCESSORY BUILDINGS WITHOUT MAIN BUILDING.

   In any district, no accessory building or structure shall be erected or constructed prior to the erection or construction of the principal or main building with the exception of the contractor’s temporary building.
(Ord. 96-152, passed 10-7-1996) Penalty, see § 153.999

§ 153.134 REQUIRED AREA OR SPACE CANNOT BE REDUCED.

   No lot, yard, court, parking area, or other space shall be reduced in area or dimension so as to make such area or dimension less than the minimum required by this Zoning Code. No part of a yard, court, parking area, or other space provided about, or for, any building or structure for the purpose of complying with the provisions of this chapter shall be included as part of a yard, court, parking area, or other space required under this chapter for another building or structure.
(Ord. 96-152, passed 10-7-1996) Penalty, see § 153.999

§ 153.135 UNSAFE BUILDINGS.

   Nothing in this Zoning Code shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by proper authority and notice of such shall be provided to the village.
(Ord. 96-152, passed 10-7-1996)
Statutory reference:
   Removal of unsafe structures, see R.C. §§ 715.26(B) and 715.261

§ 153.136 PENDING APPLICATIONS FOR BUILDING PERMITS.

   Nothing in this chapter shall require any change in the overall layout plans, construction, size, and designated use of any development, building, structure, or part thereof, for which official approvals and required building permits have been granted before the enactment of this zoning chapter and for which construction shall have begun prior to the effective date of this chapter.
(Ord. 96-152, passed 10-7-1996)

§ 153.137 CORNER LOT VISIBILITY.

   On a corner lot in any residential district, nothing shall be erected, constructed, placed, planted, or allowed to grow in such a manner as materially to impede vision between a height of two and one-half feet and ten feet above the centerline grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along the street lines 50 feet from the point of the intersection.
(Ord. 96-152, passed 10-7-1996) Penalty, see § 153.999

§ 153.138 STORAGE OF CONSTRUCTION MATERIALS.

   In any residential district, the storage of construction materials on any one lot shall be limited to the quantity of material required for the construction, renovation, or enlargement of the dwelling unit or units proposed for the lot; provided, the plans for such dwelling unit or units have been previously reviewed by the Zoning Director and approved by the Building Inspector.
(Ord. 96-152, passed 10-7-1996) Penalty, see § 153.999

§ 153.139 OBJECTIONABLE ELEMENT OR CONDITION.

   No land, building, or structure in any district shall be used or occupied in any manner so as to create any dangerous, injurious, noxious, or otherwise objectionable element or condition so as to adversely affect the surrounding area or adjoining premises; provided, that any use permitted by this chapter may be undertaken and maintained if acceptable measures and safeguards are employed to limit dangerous and objectionable elements to acceptable limits as determined by the village ordinances.
(Ord. 96-152, passed 10-7-1996) Penalty, see § 153.999

§ 153.140 PLATTING REQUIRED.

   No use shall be established or altered and no structure shall be constructed or altered except upon a lot that has been platted in accordance with or which otherwise meets the requirements of the subdivision regulations of the village (see Chapter 152 of these codified ordinances). Development standards of this Zoning Code are minimum requirements, unless otherwise stated, for the arrangement of lots and spaces to be achieved in all developments.
(Ord. 96-152, passed 10-7-1996) Penalty, see § 153.999

§ 153.141 BUILDING LINES ESTABLISHED.

   (A)   Building lines established. Along every street right-of-way, a building line shall be established from the existing right-of-way or proposed right-of-way as indicated in the village’s Thoroughfare Plan, as amended, whichever is greater in width, that shall constitute the required front yard setback as established in the applicable zoning district.
   (B)   Required setback defined. The required setback is that distance between the established building line and the actual or proposed right-of-way. No structure or other use of land, except parking as defined in division (C) of this section, shall locate in the required setback. In no case shall the required setback be less than the minimum required in the applicable zoning district.
   (C)   Parking within the required setback. Open parking or loading spaces shall be permitted to extend toward the street right-of-way from the established building line a distance equal to 40% of the required setback distance as measured from the actual or proposed right-of-way. In no case shall any part of a parking area be closer than 15 feet to any established or proposed right-of-way.
   (D)   Platted setback. No structure or other use, including parking, shall be located between the street right-of-way and the platted building line as shown on an approved and recorded subdivision plat.
   (E)   Reduced setback. If existing structures or uses on lots adjacent to each side of a lot have a setback less than the setback line established by these regulations, the setback on the center lot shall be the average setback established on the adjacent lots.
   (F)   Display in front setback prohibited. Within the front building setback and side building setbacks adjacent to public right-of-way, there shall be no storage or display of any materials, equipment, inventory, merchandise, or wares. This provision is applicable in all NC, GC, SO, and LM Zoning Districts
(Ord. 96-152, passed 10-7-1996) Penalty, see § 153.999

§ 153.142 PROHIBITION OF MINERAL EXTRACTION.

   The extraction of oil, natural gas, coal, limestone, gravel, sand, clay, and other similar minerals, excluding water, shall be prohibited within the village.
(Ord. 96-152, passed 10-7-1996) Penalty, see § 153.999

§ 153.143 MODIFICATION OF DEVELOPMENT STANDARDS.

   In any district where dwellings are permitted, a permitted residential dwelling may be erected on any lot of official record on the effective date of this chapter even though such lot does not comply with the minimum lot area and minimum width requirements of such district; provided, the lot has a minimum of 40 feet of frontage on an improved public street and further provided the following conditions are met:
   (A)   If the owner of such lot does not own adjoining property and did not own such property at the time this chapter became effective:
      (1)   Each required side yard may be reduced by two inches for every foot that is narrower than the required lot width at the building line, but in no case shall each required side yard be less than four feet. Such dedications shall not apply to structures higher than two stories;
      (2)   Required rear yards shall be 25% of the lot depth, but in no case shall be less than 15 feet; and
      (3)   Required building line, see § 153.141(E).
   (B)   If the owner of such lot does own adjoining property and owned such property at the time this chapter became effective, then in order to erect a dwelling that meets district dimensional requirements, such lots shall be combined to create a parcel that meets the requirements.
(Ord. 96-152, passed 10-7-1996) Penalty, see § 153.999

§ 153.144 CORNER LOT SETBACKS.

   (A)   In any district the front of a corner lot shall be deemed to be the shorter of the two sides fronting on streets.
   (B)   The minimum setback on the side facing the side street shall be 35 feet.
   (C)   The minimum lot width for corner lots shall be 15 feet greater than the width required for interior lots in the same district.
(Ord. 96-152, passed 10-7-1996) Penalty, see § 153.999

§ 153.145 ONE USE PER RECORDED LOT.

   In all residential districts, R-1, R-2, R-3, R-4, R-5, R-6, and AR-1, there shall not be more than one permitted, principal use on each recorded lot.
(Ord. 96-152, passed 10-7-1996) Penalty, see § 153.999

§ 153.146 MULTIPLE COMMERCIAL/MANUFACTURING USES PERMITTED.

   In all commercial/manufacturing districts, NC, GC, SO, and LM, multiple uses may be permitted on a single lot of record subject to the following standards.
   (A)   Uses shown on approved final site plan. Multiple uses may be permitted on a single lot of record when such uses are shown on an approved final site plan.
   (B)   Use permit issued. Multiple uses may be permitted on a single lot of record when such uses are located in a multi-tenant structure and a use permit is issued for the various uses.
(Ord. 96-152, passed 10-7-1996) Penalty, see § 153.999

§ 153.147 LOCATION OF VENDING MACHINES.

   (A)   Generally. All vending machines shall only be displayed, maintained, or stored in a completely enclosed structure meeting the requirements of this code.
   (B)   Vending machines defined. Vending machine shall include, but is not limited to, beverage machines, candy machines, cigarette machines, and ice machines.
   (C)   Exemption for telephones. Public telephone facilities shown on an approved site plan shall be exempt from this provision.
   (D)   Exemption for newspapers sales. Vending machines for the sale or distribution of newspapers of general circulation shall be exempt from this provision.
   (E)   Location of newspaper vending machines. Vending machines for the sale or distribution of newspapers of general circulation shall not be located in such a manner as to obstruct the public rights- of-way or to impede traffic on the rights-of-way.
(Ord. 96-152, passed 10-7-1996) Penalty, see § 153.999

§ 153.148 VEHICLE SALES.

   (A)   Generally. The business of selling used or previously owned vehicles shall be permitted only in conjunction with dealerships for the sale of new vehicles and must be located on the same site as the new vehicle dealerships.
   (B)   Casual sale exempted. This section shall not control the casual sale of used vehicles. CASUAL SALE is defined as less than five vehicles per calendar year by an individual not possessing a license for same issued by the state.
(Ord. 96-152, passed 10-7-1996) Penalty, see § 153.999

§ 153.149 ARCHITECTURAL DESIGN REQUIREMENTS AND ARCHITECTURAL REVIEW GUIDELINES FOR NONRESIDENTIAL DEVELOPMENTS OUTSIDE OF HISTORIC DISTRICTS.

   (A)   Architectural design requirements and architectural review guidelines for nonresidential developments outside of historic districts are hereby adopted.
   (B)   The design requirements and review guidelines adopted by this section are set forth in Exhibit A to Ord. 2000-069 and incorporated herein by reference.
(Ord. 2000-069, passed 12-4-2000)
Cross-reference:
   Historic preservation districts and listed properties, §§ 153.080 through 153.094

§ 153.150 MEDICAL MARIJUANA PROHIBITION.

   Pursuant to the authority set forth in R.C. § 3796.29, medical marijuana cultivation, processing, and retail dispensaries as licensed and defined under R.C. Chapter 3796 shall not be permitted in any zoning district in the village.
(Ord. 2017-070, passed 12-18-2017) Penalty, see § 153.999