West Liberty City Zoning Code
CHAPTER 1149
Supplementary Regulations
1149.01 GENERAL.
The purpose of the supplementary district regulations is to set specific conditions for various uses, classification of uses or areas where problems are frequently encountered.
(Ord. 553. Passed 1-24-94.)
1149.02 CONVERSION OF DWELLINGS TO MORE UNITS.
A residence may be converted to accommodate an increased number of dwelling units provided:
(a) The yard dimensions including minimum lot width, still meet the yard di mensions required by the zoning regulations for new structures in that district in which the dwelling is located;
(b) The lot area per family equals the lot area requirements for multi-family structures as listed on the Official Schedule of District Regulations under the appropriate "R" district;
(c) The floor area per dwelling unit is not reduced to less than that which is required for new construction of multi-family structures as listed on the Official Schedule of District Regulations under the appropriate "R" district;
(d) The conversion is in compliance with all other relevant codes and ordinances.
(Ord. 553. Passed 1-24-94.)
1149.03 PRIVATE SWIMMING POOLS.
(a) A private swimming pool shall be any pool, lake, or open tank not located within a completely enclosed building and containing or normally capable of containing water to a depth at any point greater than one and one-half feet.
(b) No such swimming pool, exclusive of portable swimming pools with a diameter less than 12 feet or with an area of less than 100 square feet shall be allowed in any commercial or residential district, except as an accessory use and unless it complies with the following conditions and requirements:
(1) The pool is intended and is to be used solely for the enjoyment of the occupants of the principal use of the property on which it is located;
(2) It may not be located, including any walks or paved areas or accessory structures adjacent thereto, closer than 10 feet to any property line of the property on which it is located;
(3) The swimming pool, or the entire property on which it is located shall be walled or fenced to prevent uncontrolled access by children from adjacent properties. Said fence or wall shall be not less than five feet in height and maintained in good condition with a gate and lock.
(Ord. 553. Passed 1-24-94.)
1149.04 TEMPORARY BUILDINGS.
Temporary buildings, construction trailers, equipment and materials used in conjunction with construction work only may be permitted in any district during the period construction work is in progress, but such temporary facilities shall be removed upon completion of the construction work.
(Ord. 553. Passed 1-24-94.)
1149.05 PARKING AND STORAGE OF CERTAIN VEHICLES.
(a) The following provisions and requirements shall pertain to the parking and storage of certain vehicles:
(1) The parking or storage, within any district, of automotive vehicles without current license plates, for a period of more than thirty days shall be prohibited unless such vehicle is stored in an enclosed garage or other accessory building;
(2) The parking or storage, within any district, of a disabled automotive ve hicle for a period of more than thirty days shall be prohibited unless such vehicle is stored in an enclosed garage or other accessory building;
(3) The parking and storage, within any district, of a junked, dismantled or wrecked automotive vehicle or parts thereof which is in public view of any street for a period of more than thirty days shall be prohibited.
(b) For purposes this section, a junked, dismantled or wrecked automotive vehicle shall be one which is damaged, or no longer serviceable, to the extent that it is inoperable or is unsafe to operate upon the public highways and streets.
(c) Subsection (a)(1) hereof shall not apply to licensed automobile dealers.
(Ord. 553. Passed 1-24-94.)
1149.06 USE OF RECREATIONAL VEHICLES FOR PERMANENT DWELLING PROHIBITED.
A recreational vehicle as defined herein shall not be used as a permanent dwelling unit.
(Ord. 553. Passed 1-24-94.)
1149.07 KEEPING OF ANIMALS.
Domestic animals, other than common household pets, kept for personal use or raised for sale and profit are prohibited in all districts. Kennels are also prohibited in all districts.
(Ord. 553. Passed 1-24-94.)
1149.08 SETBACK REQUIREMENTS FOR CORNER BUILDINGS.
On a corner lot the principal building and its accessory structures shall be required to have the same setback distance from all street right-of-way lines as required for the front yard in the district in which such structures are located.
(Ord. 553. Passed 1-24-94.)
1149.09 VISIBILITY AT INTERSECTIONS.
On a corner lot in any district, nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision between a height of two and one-half and ten feet above the center line grades of the intersecting streets in the area bounded by the right-of-way lines of such corner lots and a line joining points along said street lines fifty feet from the point of intersection. (Ord. 553. Passed 1-24-94.)
1149.10 YARD REQUIREMENTS FOR MULTI-FAMILY DWELLINGS.
Multi-family dwellings shall be considered as one building for the purpose of determining front, side, and rear yard requirements. The entire group as a unit shall require one front, one rear, and two side yards as specified for dwellings in the appropriate district. Each individual building shall meet all yard requirements for the R-2 district as though it were on an individual lot. (Ord. 553. Passed 1-24-94.)
1149.11 SIDE AND REAR YARD REQUIREMENTS FOR NONRESIDENTIAL USES ABUTTING RESIDENTIAL DISTRICTS.
Nonresidential buildings or uses shall not be located nor conducted closer than ten feet to any lot line of a residential district, except that the minimum yard requirements may be reduced to fifty percent (50%) of the requirement if acceptable landscaping or screening approved by the Zoning Code Enforcement Officer is provided.
(Ord. 553. Passed 1-24-94; Ord. 2017-08. Passed 9-11-17.)
(Ord. 553. Passed 1-24-94; Ord. 2017-08. Passed 9-11-17.)
1149.12 ARCHITECTURAL PROJECTIONS.
Open structures such as porches, canopies, balconies, platforms, carports, covered patios, and similar architectural projections shall be considered parts of the building to which attached and shall not project into the required minimum front, side, or rear yard. Sidewalks are exempted from this provision.
(Ord. 553. Passed 1-24-94.)
1149.13 EXCEPTIONS TO HEIGHT REGULATIONS.
The height limitations contained in the Official Schedule of District Regulations do not apply to spires, belfries, cupolas, antennas, ventilators, chimneys, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy.
(Ord. 553. Passed 1-24-94.)
1149.14 SPECIAL PROVISIONS FOR USES.
No land or building in any district shall be used or occupied in any manner creating dangerous, injurious, noxious, or similar objectionable conditions which could adversely affect the surrounding areas or adjoining premises, except that any use permitted by this Zoning Ordinance may be undertaken and maintained if acceptable measures and safeguards to reduce dangerous and objectionable conditions to acceptable limits are exercised as established by the performance requirements in Sections 1149.15 through 1149.19, inclusive.
(Ord. 553. Passed 1-24-94.)
1149.15 FIRE HAZARDS.
Any activity involving the use or storage of flammable chemicals, petroleum products or explosive materials shall be protected by adequate fire-fighting and fire-prevention equipment and by such safety devices as are normally used in the handling of any such material. Such hazards shall be kept removed from adjacent activities to a distance which is compatible with the potential danger involved. (Ord. 553. Passed 1-24-94.)
1149.16 ELECTRICAL DISTURBANCE.
No activity shall emit electrical disturbance adversely affecting the operation of any equipment at any point other than that of the creator of such disturbance. The disturbance must be due solely to the creator and not due to defective wiring, equipment etc. at the receiving point. (Ord. 553. Passed 1-24-94.)
1149.17 FENCES AND WALLS.
In spite of other provisions of this Zoning Ordinance, fences and walls may be permitted in any yard or along the edge of any yard, provided that no fence or wall along the sides or front edge of any front yard shall be over six feet in height unless otherwise granted by the Board of Zoning Appeals. On corner lots it shall not be over two and one-half feet in height.
(Ord. 553. Passed 1-24-94.)
1149.18 ENFORCEMENT PROVISIONS.
The Zoning Code Enforcement Officer, prior to the issuance of a zoning permit, may require the submission of statements and plans indicating the manner in which dangerous and objectionable elements involved in processing and in equipment operations are to be eliminated or reduced to acceptable limits.
(Ord. 553. Passed 1-24-94; Ord. 2017-08. Passed 9-11-17.)
(Ord. 553. Passed 1-24-94; Ord. 2017-08. Passed 9-11-17.)
1149.19 MEASUREMENT PROCEDURES.
Methods and procedures for the determination of the existence of any dangerous and objectionable elements shall conform to applicable standard measurement procedures of the Ohio Environmental Protection Agency.
(Ord. 553. Passed 1-24-94.)
1149.20 GENERAL CONDITIONS FOR MEDICAL MARIJUANA ENTITIES.
(a) In the interest of protecting the public health, safety, and general welfare, this section establishes zoning regulations that provide for State-authorized medical marijuana land uses
consistent with ORC 3796. ORC 3796 allows regulation of the location of medical marijuana cultivators, processors, or dispensaries within the municipal corporation.
(b) Not an Agricultural Use. Medical marijuana is not considered an "agricultural" use.
(c) Zoning Districts. Medical marijuana cultivators, processors, and dispensaries are prohibited. Furthermore, no cultivator, processor, or dispensary shall be permitted as a home occupation. No medical marijuana cultivator, processor, or dispensary shall be located within a mobile building. (Ord. 2022-02. Passed 2-14-22.)