Wintersville Jefferson County
City Zoning Code
City Zoning Code
TITLE SEVEN
General Zoning Requirements
1145.01 OFF-STREET PARKING.
(a) Location. All parking spaces required to serve buildings or uses erected or established after the effective date of this Zoning Ordinance shall be located on the same zoning lot as the building or use served, except that parking spaces to serve industrial buildings or uses may be located within 500 feet of such use if said spaces are located in an Industrial District.
Buildings or uses existing on the effective date of this Ordinance which are subsequently altered or enlarged so as to require the provision of parking spaces under this Ordinance, may be served by parking facilities located on land other than the zoning lot on which the building or use served is located, provided such facilities are within 500 feet walking distance of the main entrance to the use served. Owners of property, nonconforming as to parking, who elect to provide parking and become conforming may locate such parking on land other than the zoning lot on which the building or use is located, as allowed in this section.
Off-street parking spaces, open to the sky, may be located in any yard, except the required front yards in a Residential District. Enclosed buildings and carports containing off-street parking shall be subject to applicable yard requirements.
(b) Size. Except for parallel parking spaces, each required off-street parking space shall be at least eight (8) feet six (6) inches in width and at least 19 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 (7) feet six (6) inches, and shall be measured at right angles to the axis of the vehicle. For parallel parking, the length of the parking space shall be increased to 24 feet. All other requirements as to size shall be as hereinafter set forth in the Off-Street Parking Chart at the end of the chapter.
(c) Access. Except on lots accommodating single-family dwellings, each parking space shall open directly upon an aisle or driveway at least 12 feet wide or such additional width and design as to provide safe and efficient means of vehicular access to such parking space.
Access to parking areas in B1 Districts (with the exception of shopping centers in these districts) should be provided across the side or rear lot lines where feasible. Access to such parking areas by curb cuts or driveways across the front lot line should be avoided.
(d) Collective Provision. Off-street parking facilities for separate uses may be provided collectively if the total number of spaces so provided is not less than the sum of the separate requirements governing location of accessory parking spaces in relation to the use served are adhered to. Further, no parking space or portion thereof shall serve as a required space for more than (1) use unless otherwise authorized by the Board of Zoning Appeals.
(e) Design and Maintenance. All open off-street parking areas, except a single parking space accessory to a single-family dwelling, shall be surfaced with a dustless all-weather material capable of carrying a wheel load of 4,000 pounds (normally, a two-inch (2") black top on a four- inch (4") base or five (5) inches of Portland Cement will meet this requirement.)
(f) Time Requirements. All parking spaces and off-street parking required pursuant to the Zoning Ordinances of the Village shall be completed within one year from the date of any partial occupancy of the building or structure served by the parking spaces or off-street parking.
(Ord. 2001-16. Passed 7-3-01.)
1145.02 OFF-STREET PARKING TABLE (PARKING CLASSES)
Parking Class Uses: (Permitted or Conditional) Required Spaces Class #1 a. Hotel 1.5 Dwelling unit or b. Motel habitable living unit c. Tourist cabin or court d. Apartment hotel Class #2 a. Dwelling, single-family 2/Dwelling unit b. Dwelling, two-family c. Dwelling, multiple-family d. Mobile home Class #3 a. Convalescent or rest home, 2/1,000 sq. ft. of nursing home, and sanitarium gross floor area b. Convent, monastery, nunnery c. Home for the aged d. Institution: (1) For the care, care and residence of children and adults. (2) For the treatment of alcoholism, drug addiction, on treatment and care of the insane or feeble minded. e. Parsonage, rectory or parish house f. Religious retreat |
Class #4 a. Aquarium 4/1,000 sq. ft. of b. Historic site gross floor area c. Hospital d. Library, museum or art gallery, public e. Philanthropic and charitable institutions f. Nursery school or child care center Class #5 a. Animal hospital and veterinarian 8/1,000 sq. ft. of b. Animal kennels gross floor area c. Art studio d. Bank, savings and loan association e. Blueprinting f. Business machine sales and service g. Bus terminal h. Catering service i. Civil defense--fire station, police station j. Clinic for: doctor, dentist, osteopath, podiatrist, chiropractor, chiropodist, optometrist, or similar profession k. Clothing and costume rental l. Club or lodge, private: operated for the benefit of members and not for gain m. Custom dressmaking n. Diaper service o. Dry cleaning plant employing not more than six (6) persons p. Financial institutions and uses q. Frozen food locker plants, including sale of frozen foods r. Government administration buildings, without garages or shops s. Interior decorator t. Laboratory, medical, dental or optical u. Laboratory, research and testing v. Labor union offices and lodges w. Lithographing x. Massage salon y. Medical and dental office z. Office, business and professional aa. Office machine sales and service bb. Photostating cc. Physical culture and health services dd. Post office ee. Recording studio ff. Recreational and community center buildings gg. Repair of shoes, clothing and hats hh. School, music, dance, and vocal ii. Small animal grooming establishment jj. Tailor shop kk. Telegraph office ll. Telephone exchange and equipment building mm. Ticket agency nn. Travel agency |
Class #6 a. Bowling alley 10/1,000 sq. ft. of b. Dormitory gross floor area c. Fish market d. Fraternity house e. Furniture store f. Furrier g. Hearing aid store h. Leather goods and luggage store i. Lodging house j. Orthopedic and medical appliance sales and service k. Photography studio l. Picture framing m. Rooming house n. Rummage shop o. Sorority house Class #7 a. Antique store 12/1,000 sq. ft. of b. Apparel store gross floor area c. Art and school supply store d. Art store, retail e. Auto accessory store f. Bakery, retail g. Barber shop h. Beauty shop i. Book and stationery store j. Bus depot k. Camera and photographic supply store l. Candy, nut, and confectionery store m. Carpet and floor covering store n. China and glassware store o. Clothes pressing p. Coin store q. Dairy products store r. Delicatessen s. Department store t. Dry cleaning and laundry receiving station u. Dry goods store v. Drug store w. Electrical and household appliance store x. Employment agency y. Florist z. Funeral parlor aa. Garden supply, tool, and seed store bb. Gift store cc. Grocery or food store dd. Haberdasheries cc. Hand laundry ff. Hardware store gg. Hobby shop hh. Home furnishings ii. Household appliance store jj. Ice cream store kk. Jewelry store ll. Laundry, self service mm. Liquor store nn. Locksmith oo. Meat market pp. Millinery shop qq. Musical instruments sales and service rr. Newspaper distribution ss. Paint, glass, and wallpaper store tt. Pawn shop uu. Pet shop vv. Phonograph, record, and music store ww. Railroad passenger station xx. Repair, rental, and servicing of any item, the retail sale of which is permitted in the Business Districts. yy. Sewing machine sales and service zz. Shoe Store aaa. Shopping centers bbb. Sporting goods store ccc. Tobacco store ddd. Toy store |
Class #8 a. Auction room 15/1,000 sq. ft. of b. Auto service station gross floor area c. Cocktail lounge, night club d. Convention hall or exhibition hall e. Dance hall f. Meeting hall g. Restaurants: Carry-out type where no food is consumed on the premises. h. Restaurants: family dining type, where all food is consumed within an enclosed structure i. Taverns j. Skating rink Class #9 a. Drive-in type restaurants 30/1,000 sq. ft. of where gross floor area (1) Food is consumed on the premises, but not within a completely enclosed building, or (2) Food is served directly to customers in parked motor vehicles. b. Theaters, (indoor) Class #10 a. Boarding school, elementary 1/each employee and secondary b. Concrete mixing plant c. Correctional institution d. Dry cleaning plant e. Elementary school f. Exterminator g. Junior high school h. Machinery sales and service i. Machinery sales, no repair or service j. Mail order house k. Microwave relay towers l. Radar installations and towers m. Radio and television stations and towers n. Taxidermist Class #11 a. Greenhouses and nurseries, 1/1,000 sq. ft. of retail gross floor area b. Golf driving ranges plus 1/2,000 sq. ft. of gross land area Class #12 a. Golf courses, public and 100/9 Holes (regular private golf) b. Pitch and putt golf courses or c. Par "3" golf courses 40/9 Holes (Par "3") Class #13 a. Zoos or zoological gardens 1/2,000 sq. ft. of b. Commercial camping grounds gross land area c. Outdoor rifle range, trap or skeet shooting range Class #14 a. Athletic field 1/5,000 sq. ft. of b. Botanical gardens gross land area c. Forest preserves or. d. Grounds of recreational clubs, 1/75 sq. ft. of water noncommercial area when a public e. Polo fields swimming pool is an f. Public parks and playgrounds isolated use g. Public swimming pool h. Tennis courts and clubs Class #15 a. Drive-in theater (outdoor) Reservoir of 10 percent of capacity of use |
Class #16 a. Auto laundry (mechanical) 1/Each two employees b. Auto laundry (self-service) plus 1/Manager-owner plus Parking spaces equal to five (5) times the maximum capacity of auto washing unit Class #17 a. Commercial school or trade 1/Each two (2) b. Vocational school students based on c. Business school design capacity d. Business machine school e. Computer technology school Class #18 a. Senior high schools 1/Each employee plus 1/Each (6) students based on design capacity Class #19 a. Churches, chapels, temples, 1/Each (4) seats synagogues constructed in use b. Commercial stadiums c. Fairgrounds, rodeos, and grandstands d. Racetracks Class #20 a. Colleges, junior colleges, and 1/Each (4) students universities based on design capacity Class #21 a. Battery and tire service shops 5/1,000 sq. ft. of b. Garage for the storage, gross floor area servicing and repair of motor plus vehicles, including body 1/2,000 sq. ft. of repair, painting and engine gross land area rebuilding c. Mobile home display, sales, and services d. Model garage display and sales e. Motorcycle, bicycle and other outdoor recreational vehicle sales rental and service f. Motor vehicles sales and service g. Trailer, boat and camper or camper-trailer sales, rental and service Class #22 a. Abrasives manufacturing 1/Each (1) employees b. Air, motor, railroad, and water freight terminal c. Asphalt manufacturing d. Bakery e. Bedding manufacturing f. Boot and shoe manufacturing g. Bottling companies h. Brick and structural clay products manufacturing i. Carpet manufacturing j. Cartage and express facilities k. Cement, bulk, storage l. Chemical processing and manufacturing m. Cloth products manufacturing n. Cosmetic manufacturing o. Dairying p. Electric substation q. Electronic, scientific and precision instrument- manufacturing r. Electroplating s. Feed mills t. Feed and seed store u. Food manufacturing, packaging and processing v. Foundries and forge plants w. Fuel and ice plants x. Fuels, solid or liquid, storage and wholesale distribution y. Fur processing z. Gas regulator station aa. Glass products production and sales bb. Grain storage and processing cc. Graphite products manufacturing dd. Gypsum manufacturing ee. Heavy machinery manufacturing ff. Insulating material manufacturing gg. Laundry hh. Leather tanning and curing ii. Light machinery production, appliances and business machines jj. Linoleum manufacturing kk. Machine shop ll. Meat packing mm. Metal reduction and refinement nn. Metal stamping oo. Mining operations pp. Musical instrument manufacturing qq. Orthopedic and medical appliance manufacturing rr. Paint products manufacturing ss. Paper products manufacturing tt. Petroleum products, refining, storage, and processing uu. Plastics manufacturing vv. Pottery and ceramics manufacturing ww. Printing and publishing xx. Restricted production and repair yy. Rope, cord, and twine manufacturing zz. Rubber manufacturing and processing aaa. Sewage treatment plant bbb. Soap manufacturing ccc. Sporting goods manufacturing ddd. Steel manufacturing eee. Warehousing and wholesaling establishments fff. Warehousing, storage, and distribution ggg. Water works, reservoir, pumping station and filtration plant hhh. Wearing apparel manufacturing iii. Wood working, planing mills and wood products manufacturing jjj. Any similar production processing, cleaning, servicing testing, storage and repair Class #23 a. Amusement parks and 3/1,000 sq. ft. of establishments gross floor area b. Billiard and pool halls plus c. Indoor amusements, including 3/1,000 sq. ft. of indoor archery, rife range, gross land area s hooting gallery d. Kiddie parks c. Miniature golf |
Class #24 a. Air-conditioning and heating 2/Each (1) employee contractor b. Building materials and products sales and storage c. Contractors and construction yards and offices d. Dumps and sanitary landfills e. Electrical showrooms and shops f. Engineers and architects office and yards g. Greenhouse, wholesale h. Junk yard and auto grave yard i. Linen Supply j. Plumbing showroom and shops Class #25 a. Airports and landing fields Spaces as required by b. Cemeteries, columbariums, the Enforcing Officer crematories, and mausoleums after review by the c. Heliports, public and private Planning Commission d. Public stables e. Riding academy |
1145.03 OFF-STREET LOADING.
(a) Location. All required loading berths shall be located on the same zoning lot as the use served. All motor vehicle loading berths which abut a Residence District or an intervening alley separating a Residence District from a Business or Industrial District shall be completely screened therefrom by building walls, or by a uniformly-painted solid fence, wall, or door, or any combination thereof, not less than eight (8) feet in height. No permitted or required loading berth shall be located within 30 feet of the nearest point of intersection of any two (2) streets. No loading berth shall be located in a required front or side yard, and any loading berth located in a required rear yard may be open to the sky.
(b) Size. Unless otherwise specified, a required off-street loading berth shall be at least 12 feet in width by at least 30 feet in length, exclusive of aisle and maneuvering space, and shall have a vertical clearance of at least 15 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 movement, and shall be subject to approval by the Enforcing Officer.
(d) Surfacing. All open off-street loading berths shall be surfaced with a dustless all- weather material capable of bearing a live load of 200 pounds per square foot.
(e) Repair and Service. No motor vehicle repair work or service of any kind shall be permitted in conjunction with loading facilities provided in any Residence District, Business District, or Industrial District, except emergency service necessary to start vehicles.
(f) Utilization. Space allocated to any off-street loading use shall not, while so allocated, be used to satisfy the space requirements for any off-street parking facilities or portions thereof.
(g) Central Loading. Central loading facilities may be substituted for loading berths on the individual zoning lots, provided that each zoning lot served shall have direct access to the central loading area without crossing streets or alleys at grade.
(h) Specific Requirements - All Districts. Off-street loading spaces accessory to uses permitted in all districts shall be provided according to the following table.
All off-street loading spaces hereinafter required by the Ordinance, shall be designed in accordance with one the formulas set forth in the Off-Street Loading Table. Off-street loading spaces shall be provided in accordance with the specific Loading Classes as hereinafter set forth in the Off-Street Loading Table. Loading Spaces for accessory uses not specifically enumerated shall be assumed to be included in the principal (permitted) use requirement. If, for any reason, the classification of any use, for the purpose of determining the amount of off-street loading, or the amount of space to be provided by such use is not readily determinable hereunder, the loading class of such use shall be fixed by the Enforcing Officer.
1145.04 OFF-STREET LOADING TABLE.
Loading Required Space Class Uses: (Permitted) (Gross floor Area) Non-residential uses: Class #1 Residence Districts Buildings: 1. Airport 10,000-100,000 sq. ft.- 2. Health & Medical Institutions 1 berth plus 1 additional 100,000 ft. Class #2 1. Educational & Cultural Berth size-no less than Institutions 12' by 55' 2. Philanthropic Institutions 10,000-200,000 sq. ft.- 3. Religious Institutions 1 berth plus 1 additional 4. Recreational & social berth/200,000 sq. ft. facilities 20,000-200,000 sq. ft.- 5. All other non-residential uses 1 berth plus 1 in Residential Districts additional berth/200,000 6. Apartment Hotels sq. ft. 7. Multiple-family & rooming homes Class #3 Business Districts less than 7,000 sq. ft. provided with adequate 1. Business Establishments off-street facilities 2. Cartage & Express facilities (alley preferable) 3. Mail order houses 7,000-40,000 sq. ft.- 4. Printing & publishing 1 berth 40,000-100,000 5. Restricted production & repair sq. ft. 2 berths plus 6. Warehousing, storage, & whole- 1 berth per additional sale establishments 100,000 sq. ft. berth size-no less than 12' by 55' Class #4 1. Banks & financial institutions 10,000-100,000 sq. ft. 2. Medical & dental clinics 1 berth plus one addi- 3. Offices, business & professional tional berth/100,000 4. Recreation buildings & community sq. ft. to 500,000 ft.; centers one additional berth per 500,000 sq. ft. or fraction thereof Class #5 1. Clubs & lodges (with retail shops etc.) 2. Convention Halls 10,000-150,000 sq. ft. 3. Exhibition Halls 1 berth plus 1 addi- 4. Hotels & Motels (with retail tional berth/150,000 shops etc.) sq. ft. Class #6 1. Apartment hotels 10,000-200,000 sq. ft.- 2. Clubs & lodges (with no retail 1 berth plus one addi- shops) tional berth per 200,000 3. Hotels and Motels (with no sq. ft. retail shops etc.) 4. Meeting Halls 5. Schools 6. Theaters, indoor one berth per Class #7 1. Amusement establishments 10,000-100,000 sq. ft.- a. bowling alleys plus one additional b. swimming pools berth per 100,000 ft. c. skating rinks one berth per Class #8 1. Stadiums 10,000-100,000 sq. ft. 2. Auditoriums plus one additional 3. Arenas berth per 100,000 ft. Class #9 1. Undertaking establishments 7,000-100,000 sq. ft.- 2. Funeral Parlors 1 berth plus one additional berth/100,000 sq. ft. Gross Floor Area of Establishments in Required Number and Thousands of Square Feet Size of Berths 7 to 20 1--(12 ft x 30 ft) 20 to 35 2--(12 ft x 30 ft ea.) 35 to 60 2--(12 ft x 55 ft ea.) 60 to 100 3--(12 ft x 55 ft ea.) |
For each additional 200,000 square feet of gross floor area or fraction thereof, over 100,000 square feet of gross floor area, one (1) additional loading berth shall be provided, such additional berth to be at least 12 feet in width by 55 feet in length.
OFF-STREET PARKING CHART
(EDITOR'S NOTE: See Code Book for graphic illustration.)
1147.01 SIGNS AND BILLBOARDS.
In all zoned districts the following regulations shall apply to all permitted signs or billboard uses:
(a) No sign shall hereafter be erected or altered until a permit for the same shall have been obtained. In Commercial Districts and Industrial Districts the application for permit shall be accompanied by a plan drawn to scale, showing the sign and the size and location of the building upon which the sign is to be placed.
(b) No sign other than traffic or similar official signs shall be permitted in the right-of- way of any street or highway.
(c) No sign shall be placed in such a position as to endanger traffic on a street or at an intersection. No sign shall be permitted which attempts or appears to attempt to direct the movement of traffic or which interferes with, imitates or resembles any official traffic sign, signal or device.
(d) Illuminated signs shall be arranged and designed so that the light does not constitute a nuisance to adjoining premises or a hazardous condition on the street or highway.
(e) No sign may be permitted to be erected or maintained upon trees or painted or drawn upon rocks or other natural features.
(f) No business sign may be located nearer to a Residential District lot line than is permitted for other business or commercial structures. If any such sign is located nearer than 50 feet and facing into any Residential District lot line, it shall be designed so as not to shine or reflect light into adjacent residences.
(g) Any sign located along the right-of-way of a State of Federal Highway shall comply with any more restrictive requirements of the State of Federal Government relating thereto.
(h) Every sign referred to in this Zoning Ordinance must be constructed of durable materials and must be kept in good condition and repair. Each sign shall be erected in a safe manner in accordance with the building and other pertinent requirements of the Village. Whenever a sign becomes structurally unsafe or endangers the safety of a building or premises, or endangers the public safety, the zoning officer shall give written notice to the owner of this sign or the owner of the premises on which the sign is located that such sign be made safe or be removed within five days.
(i) No sign should exceed 8 ft. in height or 8 ft. in width and may only advertise the products or services rendered at that location.
(j) Billboards are prohibited.
1147.02 RECREATIONAL USES.
It shall be the purpose of this Ordinance to:
(a) Preserve and protect existing recreation facilities which help to provide adequate and convenient open space and services for all income and age groups.
(b) Recreation uses are considered to be subject to the general provisions of each District:
(c) Recreation Uses (playgrounds, swimming pools, ballfields, etc.) shall be permitted in the following Districts:
(1) Residential Districts (all)
(2) Agriculture/Mineral Extraction
(3) Conservation/Recreation
1147.03 TRANSIENT ENTERPRISES (TRAVEL TRAILER PARKS).
Travel trailer parks shall comply with all yard, parking, lighting, and sign regulations for the district in which they are permitted in addition to the following:
(a) Minimum Area. Minimum park area shall be two (2) acres. No trailer unit intended for occupancy shall be located within thirty (30) feet of the right-of-way line of any public highway or within fifteen (15) feet from any trailer park boundary line.
(b) Maximum Density. The maximum density shall be twenty-five (25) units per acre, except that density may be reduced by the Zoning Officer, with approval of the Planning Commission, for health and sanitary reasons.
(c) Unit Setback. Travel trailers shall be placed so that no trailer shall be located within twelve (12) feet of another trailer or building.
(d) Minimum Utility Requirements. Each unit shall be equipped with one (1) electric outlet and one trash container. Fifty (50) per cent of the spaces shall be provided with a sewer outlet and a water supply tap. The water and sewer facilities shall be in-tailed in accordance with the specifications of the Village Administrator.
(e) Utility Buildings. Utility Buildings shall contain adequate numbers of separate toilet and shower facilities for each sex.
1147.04 ESSENTIAL SERVICES AND UTILITIES.
The following uses are permitted in all districts:
(a) Electric substations
(b) Fire stations
(c) Gas regulator stations
(d) Police stations
(e) Mass transit passenger stations
(f) Transportation rights of way
(g) Sewage treatment plants
(h) Telephone exchange, telephone transmission equipment, buildings and microwave relay towers.
(i) Water works, reservoirs, pumping stations
(j) Necessary accessory uses.
1147.05 HEIGHT AND COVERAGE.
Height and coverage specifications shall be regulated according to the district applicable. The general rule, however, shall be for each foot the height of a building or other structure exceeds twenty (20) feet, the total width of the two side yards shall be increased by two (2) feet.
1147.06 TEMPORARY USES AND STRUCTURES.
Temporary permits may be issued by the Zoning Enforcement Officer for a period not exceeding one (1) year, for nonconforming uses incident to housing and construction projects, including such structures and uses as storage of building materials and machinery, the processing of building materials, and a real estate office located on the tract being offered for sale, provided such permits are conditional upon agreement by the owner or operator to remove the structure or structures or use upon expiration of the permit. Such permits may be reviewed upon application to the Zoning Enforcement Officer for an additional period not exceeding one (1) year.
1147.07 FRONTAGE SETBACK AND YARDS.
No building or part of building, other than the steps, eaves, and similar fixtures, shall extend nearer to the center line of the street or road than the distance specified. Where a front yard is required under this Ordinance, the depth of the required front yard shall be measured from the setback from center line so specified, instead of from the side line (property line) of the street or road. However, in no instance shall the above require placing a main building more than ten (10) feet back of the front main wall of an adjacent building already existing within (50) feet of, and on the same side of the street with, the building or part of the building to be erected.
1147.08 ACCESSORY BUILDINGS.
(a) No accessory building or structure constructed on any lot prior to the time of construction of the principal building to which it is accessory shall be used for living purposes; shall occupy more than 50 percent of the area of a required yard; or shall exceed the height of the principal building or structure.
(b) On a reversed corner lot in a Residence District, and within 15 feet of any 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 two-thirds (2/3) the least depth which would be required under this Ordinance for the front yard on such adjacent property to the rear. Further, in the above instance, no such accessory buildings shall be located within five (5) feet of any part of a rear lot line which coincides with the side lot line or portion thereof of property in any Residence District.
No accessory building shall be erected in or encroach upon the required side yard of a corner lot which is adjacent to the street, nor upon the required side yard of a reversed corner lot which is adjacent to the street.
1147.09 INTERCHANGE ZONING AND TRAFFIC VISIBILITY.
The regulations contained in this section shall apply within those geographic areas indicated on the Wintersville Zoning District Map as lying within an "Interchange Control Area." Within such designated areas, all requirements prescribed in this Ordinance for the zoning district proper shall be complied with; and in addition, the following regulations, which are intended to promote traffic safety, increase traffic efficiency, and improve the appearance of interchange areas.
(a) Setback from Intersecting Highway Buildings and structures shall be set back at least 80 feet from the right-of-way line of intersecting highways and 150 feet from any expressway or limited access highway. In the case of unusual changes in alignment of the highway right-of-way line or unusual topographic conditions which would cause undue hardship in the application of this requirement a variance for a lesser setback from the intersecting highway may be granted by the Board of Zoning Appeals.
(b) Limitation of Access Access from abutting property to an intersecting highway shall be permitted only at designated access points. Such access points shall be located as follows:
There shall be no access points located within 1,000 feet of the most remote end of taper of any existing or proposed entrance or exit ramp of an interchange, or within 1,000 feet of median crossovers, or at intervals of less than 1,000 feet thereafter. A lesser distance may be permitted by the Board of Zoning Appeals upon prior written approval by a designated representative of the agency having Jurisdiction over such highway.
To avoid dangerous offset intersections, public streets along opposite sides of intersecting highways shall be located either directly opposite each other or directly opposite a median strip crossover, or separated by at least 300 feet of lateral distance as required by the particular circumstances to permit safe traffic movement as determined by the agency having jurisdiction over the intersecting highway.
1147.10 CONDITIONAL USES AND STANDARDS.
Where a use is classified as a conditional use under this Ordinance, and exists as a conditional or permitted use at the date of the adoption of this Ordinance, it shall be considered to be a legal conditional use.
Where a use is not allowed as a conditional or permitted use under this Ordinance, and exists as a conditional use at the date of the adoption of this Ordinance it shall be considered to be a nonconforming use and shall be subject to the applicable nonconforming use provisions.
1147.11 NUMBER OF BUILDINGS ON A ZONING LOT.
Except in the case of planned developments, not more than one principal detached residential building shall be located on a zoning lot, nor shall a principal detached residential building be located on the same zoning lot with any other principal buildings.
1147.12 MINIMUM LOT SIZE.
The minimum requirements shall be six thousand square feet of lot area for each dwelling.
1147.13 OBSTRUCTION OF WATERCOURSE CHANNELS.
To prevent encroachment upon, or constriction of, river or creek channels, and thereby avoid obstruction to the natural conveyance of water flow in such rivers, creeks, and other natural watercourses, there shall not be placed, erected, or located within the banks of such watercourses any building or structure, pier or marina, or retaining or revetment wall--except authorized bridges or dams. In addition, there shall not be placed any filling of earth, ashes, rubbish, rubble, concrete, masonry, or any other kinds of fill.
However, this provision may be waived if the structure or fill is approved by the Wintersville Planning Commission, the Legislative Body, the U.S. Corps of Engineers, and other applicable public bodies.
1147.14 BULK REGULATIONS.
(a) Continued Conformity with Bulk Regulations. The maintenance of yards and other open space and minimum lot area legally required for a building shall be continuing obligation of the owner of such building or of the property on which it is located, as long as the building is in existence. Furthermore, no legally required yards, 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, other open space, or minimum lot area requirements for any other building.
(b) Division of Zoning Lots. No improved zoning lot shall hereafter be divided into two or more zoning lots and no portion of any improved zoning lot shall be sold, unless all zoning lots resulting from each such division or sale shall conform with all the applicable size regulations of the zoning district in which the property is located.
(c) Location of Required Open Space. All yards and other open spaces allocated to a building or dwelling group shall be located on the same zoning lot as such building or dwelling group.
(d) Required Yards--Existing Buildings. No yards, now or hereafter provided for a building existing on the effective date of this Ordinance, shall subsequently be reduced below, or further reduced if already less than, the minimum yard requirements of this Ordinance for equivalent new construction.
1149.01 STATEMENT OF PURPOSE.
This Ordinance establishes separate districts, each of which is an appropriate area for the location of the uses which are permitted in that district. It is necessary and consistent with the establishment of those districts that those nonconforming buildings, structures, and uses which substantially and adversely affect the orderly development and taxable value of other property in the district not be permitted to continue without restriction.
The purpose of this chapter is to provide for the regulation of nonconforming buildings, structures, and uses and to specify those circumstances and conditions under which such nonconforming buildings, structures, and uses shall be permitted to continue.
1149.02 EXISTING USES SAFEGUARDED.
Any nonconforming building, structure, or use which existed lawfully at the time of the adoption of this Ordinance and which remains nonconforming, and any such building, structure, or use which shall become nonconforming upon the adoption of this Ordinance, or of any subsequent amendments thereto, may be continued subject to the regulations which follow.
1149.03 RESTRICTIONS.
Any lawfully existing building or structure which does not conform to the regulations of the district in which it is located may be continued, subject to the provisions of this Section 1149.04.
(a) Repairs and Alterations.
(1) Building or structure designed or intended for a nonconforming use: Repairs and alterations may be made to a nonconforming building or structure, provided that no structural alterations which increase the bulk of the building or structure shall be made in or to a building or structure, all or substantially all of which is designed or intended for a use not permitted in the district in which it is located, except those required by law, or, except to make the building or structure, and the use thereof, conform to the regulations of the district in which it is located. For the purpose of this section, repairs shall include the replacement of storage tanks where the safety of operation of the installation requires such replacement, and other replacements of, or substitutions for, machinery or equipment not involving structural alterations to the building or structure, except as herein above provided.
(2) Building or structure designed or intended for a permitted use: Repairs, alterations, and structural changes may be made to a nonconforming building or structure, all or substantially all of which is designed or intended for a use permitted in the district in which it is located, provided said repairs, alterations, or structural changes conform to the regulations of the district in which said building or structure is located.
(b) Additions and Enlargements. A nonconforming building or structure which is nonconforming as to bulk, and is designed or intended for a permitted use, shall not be added to or enlarged in any manner unless such additions or enlargements thereto are made to conform to all of the regulations of the district in which it is located, and unless such nonconforming building or structure, including all additions and enlargements thereto, shall conform to the following:
(1) Applicable regulations concerning the amount of lot area provided per dwelling unit, as provided in this Ordinance.
(2) The allowable floor area ratio, as provided in this Ordinance.
(3) The allowable gross floor area per establishment, as provided in this Ordinance.
(c) Discontinuance; Expansion, and Use Change. If the nonconforming use of a building, structure, or premises is discontinued for a continuous period of 12 months, it shall not be renewed, and any subsequent use of the building, structure, or premises shall conform to the use regulations of the district in which such building, structure, or premises is located.
(d) Expansion of Nonconforming Use. The nonconforming use of part of a building or structure, all or substantially all of which is designed or intended for a use not permitted in the district in which it is located, may be extended throughout the building or structure in which said use is presently located, but no changes or structural alterations which increase the bulk of the building or structure shall be made unless such changes or structural alterations, and the use thereof, conform to all the regulations of the district in which the building or structure is located.
(e) Changes of Nonconforming Use. Building or structure designed or intended for a nonconforming use: The nonconforming use of a building or structure, all or substantially all of which is designed or intended for a use not permitted in the district in which it is located, may be changed to a use permitted in the same district in which the nonconforming use which presently occupies the building or structure is located.
(f) Relocation of Building or Structure. No building or structure shall be moved in whole or in part to any other location on the same or any other lot unless every portion of such building or structure which is moved, and the use thereof, is made to conform to all of the regulations of the district in which it is to be located.
(Ord. 1994-44. Passed 10-17-94.)
(g) Restoration of Damaged Building or Structure. A nonconforming building or structure which is destroyed or damaged by fire or other casualty or act of God shall not be restored unless repairs or reconstruction to the nonconforming use are started within one year from the date of damage or destruction and said restoration or reconstruction is diligently prosecuted to completion.
If the restoration or reconstruction is not started within one year from the date of said damage or destruction and diligently prosecuted to completion, the building or structure shall be moved, the area cleared and the property shall become subject to the zoning use in place on that date.
(Ord. 1996-14. Passed 6-4-96.)
1149.04 ELIMINATION OF NONCONFORMING BUILDINGS AND STRUCTURES.
In any Residence District, any building or structure, all or substantially all of which is designed or intended for a use permitted only in a Business or Industrial District, and any building or structure which is located in a Business District and which is designed or intended for a use permitted only in an Industrial District, shall be removed or shall be altered, remodeled or converted for a permitted use within six (6) months after the amortization period of such building or structure.
1149.05 ELIMINATION OF NONCONFORMING USES.
(a) In all Residence Districts any use of a building structure, all or substantially all of which is designed or intended for a use permitted only in a Residential District, but is being used for a use permitted only in a Business or an Industrial District, shall be terminated within five (5) years of the effective date of this Ordinance.
(b) In all Business Districts any use of a building or structure, all or substantially all of which is designed or intended for a use permitted only in a Business District, but is being used for a use permitted only in a Residential or an Industrial District, shall be terminated within 10 years of the effective date of this Ordinance.
(c) In all Industrial Districts any use of a building or structure all or substantially all of which is designed or intended for a use permitted only in an Industrial District, but is being used for a use permitted only in a Residential or a Business District, shall be terminated within 15 years of the effective date of this Ordinance.
(d) The nonconforming use of land shall be discontinued and cease three (3) years from the effective date of this Ordinance:
Where no buildings or structures are employed in connection with such use;
When the only buildings or structures or other physical improvements are accessory or incidental to such use.
1151.01 APPLICATIONS.
The following regulations shall apply to mobile homes and mobile home parks.
1151.02 NONRESIDENTIAL USE.
A mobile home shall not be considered to be permissible as an accessory building. However, a mobile home may be used as a temporary office or shelter incidental to construction on or development of the premises on which the mobile home is located only during the time construction or development is actively underway.
1151.03 ESTABLISHMENT OF A MOBILE HOME PARK DISTRICT.
A Mobile Home Park District may be applied for in the same manner as for any other zoning district and such applications shall be subject to all of the provisions of this Zoning Ordinance governing applications for amendments to the zoning map. In addition, an application for, and development of, a Mobile Home Park District, shall be subject to all of the provisions contained in the comprehensive Zoning Ordinance.
(a) Whenever Council approves as application to amend the zoning map and thereby establish a Mobile Home Park District, the installation of all utilities, storm drainage facilities, and the pavement of streets shall be completed before any mobile home sites are used or occupied, and the entire development shall be completed within one (1) year following the date upon which the Ordinance was adopted.
(b) The Planning Commission may require the filing, with the Village, in cash, or by corporate surety bond, an amount that will cover the cost of all required improvements following an examination, by the Village Engineer, of all plans, specifications, and cost estimates furnished by the developer.
1151.04 DEVELOPMENT REQUIRED IN A MOBILE HOME PARK DISTRICT.
(a) Whenever Council approves as application to amend the zoning map and thereby establish a Mobile Home Park District, the installation of all utilities, storm drainage facilities, and the pavement of streets shall be completed before any mobile home sites are used or occupied, and the entire development shall be completed within one (1) year following the date upon which the ordinance was adopted.
(b) The Planning Commission may require the filing, with the Village, in cash, or by corporate surety bond, an amount that will cover the cost of all required improvements following an examination, by the Village Engineer, of all plans, specifications, and cost estimates furnished by the developer.
1151.05 ANTI-DISCRIMINATION CLAUSE REQUIRED.
(a) Not later than thirty (30) days after the date upon which the Council has approved an application to amend the zoning map and thereby establish a Mobile Home Park District, the property owner of record shall cause a deed restriction to be placed upon the property and recorded in the County Recorder's Office. Such deed restriction shall read as follows:
"The present owners, and all successors, grantees, and assignees shall comply with all federal, state, and local laws prohibiting discrimination or segregation by reason of race, religion, color, or national origin in the sale, lease, rental, use, or occupation of all properties or any part thereof located within the boundaries of the mobile home park."
(b) Evidence that such deed restriction has been recorded shall be required to be shown prior to acceptance by the planning commission of an application for a mobile home park plan approval for the property involved.
1151.06 MOBILE HOME PARK PLAN APPROVAL.
After the zoning classification of a parcel of land has been changed to a Mobile Home Park District and prior to any type of construction work pertaining to a mobile home park, the owner or developer of the property shall obtain approval of the mobile home park plan.
1151.07 APPLICATION FOR MOBILE HOME PARK APPROVAL.
An application for approval of a mobile home park shall be submitted in accordance with all of the following provisions:
(a) The application shall be accompanied by a check in the amount of Five Hundred Dollars ($500) or Ten Dollars ($10) per mobile home site, whichever is larger, to the Village of Wintersville. This fee is to cover the costs involved in reviewing the plans and shall be in addition to any other required fees for other services. Once this processing fee has been paid, it shall not be refundable or transferable as a credit towards any other required fee, nor shall payment of the fee imply in any way that the plans are to be approved.
(b) The application shall be accompanied by five (5) sets of complete plans and additional documents as necessary which shall contain all of the following information:
(1) The location, size, and configuration of the area to be developed as a mobile home park, and the total proposed number of mobile home sites;
(2) The complete layout of the park including all proposed mobile home sites with their individual boundaries;
(3) The location of all accessory facilities such as recreation areas, open space, or laundry buildings;
(4) The proposed traffic circulation pattern including all roadway locations, points of ingress and egress, parking facilities, and the relationship of interior traffic to the traffic pattern adjacent to the park.
(5) The location of all proposed utility lines and meters and the source of supply or service for gas, electricity, sewage disposal, storm drainage facilities and water;
(6) The proposed landscaping, type of fencing, and other aesthetic features;
(7) The required deed restriction relative to anti-discrimination applicable to all the property to be developed as a mobile home park;
(8) A typical mobile home site drawn to a scale of ten (10) feet to the inch, showing the boundaries of the site and the location thereon of a typical mobile home, patio, parking spaces, walk-ways, and pad;
(9) The proposed schedule of development indicating how many mobile home sites a year will be completed;
(10) Any other information the planning commission shall deem necessary or pertinent.
1151.08 ACTION ON APPLICATION.
The application, plans, and other information filed by an applicant for approval of a mobile home park plan shall be examined by the Planning Commission. Such plans and information shall be forwarded to other regulatory agencies to determine compliance with the laws and Ordinances under the jurisdiction of other agencies. If the application conforms to the requirements of this zoning Ordinance and other pertinent laws and Ordinances it may be approved by the Planning Commission.
1151.09 APPROVED MOBILE HOME PARK PLANS BINDING.
Once mobile home park plans showing the proposed development have been approved, such development of the park shall be in accordance with the plans as approved. Any change in plans or deviation therefrom shall not be permitted without written authorization from the Planning Commission, or other agencies having jurisdiction.
1151.10 PERIODIC INSPECTIONS.
Every mobile home park developed or enlarged in accordance with the provisions of this Ordinance shall be inspected at least once a year to assure compliance with all applicable provisions of this Ordinance by the Nuisance Officer.
(Ord. 1994-44. Passed 10-17-94; Ord. 2023-09. Passed 4-20-23; Ord. 2024-36. Passed 6-18-24.)
1151.11 ENLARGEMENT OF EXISTING MOBILE HOME PARKS.
Any proposed enlargement or expansion of an existing mobile home park shall consist of not less than ten (10) mobile home sites and shall be completed within one (1) year of the approval of such plans by the Planning Commission.
Any mobile home park that is non-conforming in any manner shall not be enlarged or expanded unless authorization to do so is obtained from the Planning Commission, and any such authorization shall be granted only if all the following provisions are complied with:
(a) The enlarged or expanded portion of the mobile home park shall be developed in full compliance with all development standards and other requirements of this Residence "E" District.
1151.12 SIZE OF PARK.
Each mobile home park shall have an area of not less than ten (10) acres (gross).
1151.13 FRONTAGE ON A PUBLIC STREET.
Each mobile home park shall have a frontage of not less than 120 feet on a public street that has a right of way width of not less than 50 feet.
1151.14 DENSITY.
The maximum average gross density of any mobile home park shall not be more than six (6) mobile homes per acre, and the maximum gross density of any specific acre within any park shall not exceed seven (7) mobile homes.
1151.15 PERMITTED USES.
Within a mobile home park the following uses are permitted:
(b) One (1) permanent type house or modular home if such house or home is to be occupied by a resident manager;
(c) Buildings or permanent type structures used exclusively to provide accessory services for the occupants of the park such as a recreation building, swimming pool and bath house, laundry room, mobile home park office, and storage rooms;
(d) Accessory buildings or structures that are clearly incidental and attached to a mobile home such as a carport, cabana, and Florida room;
(e) Advertising signs subject to all of the following provisions:
(1) One (1) identification type sign advertising the mobile home park upon which it is located may be erected provided that no portion of the sign or it's supports shall be within the required front yard area. Such sign may be double faced, and may be lighted if the lighting is arranged in such a manner that it will not distract or temporarily blind a motorist on the adjacent public street. The maximum area of the sign including any border around it shall not be more than one hundred (100) square feet. The maximum height of the sign shall not exceed twenty-five (25) feet above the ground.
(2) Directional type signs as necessary to assist in guiding persons to various locations within the park. Such signs may be double faced and lighted. The maximum area of such sign shall not exceed two (2) square feet.
1151.16 PROHIBITED USES.
Within a mobile home park only those uses listed as permitted uses shall be authorized, and all other uses including but not necessarily limited to the following shall be prohibited:
(a) A modular home of any type, except a single family dwelling to be occupied by a resident manager of the park;
(b) Boats and recreational vehicles of any type, except those owned by occupants of the park and stored in the area within the park designed and intended as a common storage area for such vehicles;
(c) Repair or sale of vehicles of any type, including mobile homes, except for the repair or sale of an individual vehicle by the owner or occupant thereof;
(d) Any advertising sign other than that listed as a permitted use.
1151.17 DOUBLE WIDE MOBILE HOMES AND SITES.
Within any mobile home park double wide type mobile homes and mobile home sites to accommodate them shall be subject to the following provisions:
(a) The maximum number of mobile home sites designed intended, and used for double wide type mobile homes shall not exceed fifteen (15) per cent of the total number of mobile home sites, and
(b) Double wide mobile homes shall be located in such a manner that groups of them will be dispersed throughout the entire area of the mobile home park with not more than five (5) such mobile homes located in an specific group.
1151.18 HEIGHT LIMITATION.
No building or structure in a mobile home park shall be constructed to a height of more than twenty-five (25) feet above the ground, and no mobile home shall be placed in such a manner as to be directly above another one. This provision shall not be construed in such a manner as to prohibit a two (2) story mobile home, nor a mobile home designed in such a manner that a second story may be attached to the lower portion after the lower portion has been placed in position on the mobile home site.
1151.19 MOBILE HOME PARK YARDS.
Each mobile home park shall have a yard with a depth of not less than twenty-five (25) feet around the perimeter of said park. No buildings, structures, mobile homes, parking spaces, or storage of any kind shall be permitted within this required yard area.
1151.20 FENCING OR SHRUBBERY.
Each mobile home park shall be completely enclosed along the boundaries not adjacent to a public street by either a continuous fence or shrubbery in accordance with the following:
(a) If a fence is used, such fence shall have a height of not less than four (4) feet and shall be maintained in a neat, clean, orderly manner, or
(b) If shrubbery is used, it shall be of such a type, and planted in such a manner that the shrubs will reach a height of not less than four (4) feet and will grow towards each other to result in a solid hedge in a years time. Such hedge shall be kept trimmed and maintained in a neat, clean, and orderly manner.
(c) Either the fence or the shrubbery shall be of a type that is seventy-five (75) per cent or more opaque.
1151.21 COMMON RECREATION AREAS.
Each mobile home park shall provide a useable common recreation area within the boundaries of the park, subject to all of the following provisions.
(a) The total amount of land to be set aside for recreation purposes shall not be less than ten (10) per cent of the gross area of the mobile home park.
(b) The recreation area may be composed of more than one specific area.
(c) The recreation area may consist of open land, or land set aside for tennis courts, putting greens, swimming pools, clubhouses, and similar structures, or any combination of such recreational facilities.
1151.22 STORAGE FACILITIES.
The storage of items and the storage facilities within any mobile home park shall be in accordance with all of the following provisions:
(a) The open storage of yard maintenance equipment, household effects, garbage and trash cans, liquid petroleum (L. P. Gas) tanks and other items similar in nature to those listed shall be prohibited.
(b) Enclosed storage facilities in which residents of the park may store household and personal effects shall be provided, and such storage facilities shall be designed in such a manner as to provide not less than two hundred (200) cubic feet (example 5' x 7' x 6') of storage area for each mobile home park site, or in a centralized location not more than five hundred (500) feet from the mobile home sites they are intended to serve.
(c) In addition to the above storage facilities, there shall be provided one (1) three (3) cubic yard garbage dumpster, compatible with Village Sanitation equipment facilities, for each ten (10) mobile home sites, in an area adjacent to the sites served and easily accessible to Sanitation Department vehicles.
(d) An open storage area for the storage of boats and recreational vehicles shall be provided and maintained by the mobile home park owner. Such storage area shall be readily accessible to all residents of the park, shall be surrounded by screening of some type to result in seventy-five (75) percent opaqueness, and shall be of such a size as to provide one hundred (100) square feet of open storage space for each mobile home site in the park.
1151.23 ROADWAYS.
All roadways within the boundaries of a mobile home park shall have minimum width, and contain improvements located therein, in accordance with the following:
(a) Minimum widths shall be:
Type of Roadway | Total width | Improved width if parking is not permitted | Improved width if parking is permitted on | |
one side only | both sides | |||
Collector | 60 feet | 30 feet | 38 feet | 46 feet |
Local access (two way) | 50 feet | 24 feet | 32 feet | 40 feet |
Local access (one way) | 50 feet | 20 feet | 28 feet | 36 feet |
(b) The improved width shall be constructed of asphaltic concrete, or Portland cement concrete, in accordance with Chapter 1123.
(c) Curbs and gutters, made of Portland cement concrete shall be required along each side of the improved section whenever such improved portion has a required width of thirty (30) feet or more. Such curbs and gutters shall be of the integral type.
(d) Improved roadways with an improved width of less than thirty (30) feet may be of the V section type or the crown type with curbs and gutters along each side, whichever if preferred by the developer.
(e) Dead end roadways shall be limited to:
(1) A maximum length of not more than five hundred (500) feet, and
(2) Shall terminate with a cul-de-sac not less than one hundred (100) feet in diameter having a paved width of not less than twenty-four (24) feet. There shall be no parking permitted within the cul-de-sac.
(f) The total lineal length of all one way roadways within a mobile home park shall not exceed fifty (50) percent of the total lineal length of roadways of all types within the park.
(g) No portion of any roadway located between the improved portion and the boundary lines of the roadway shall be used for any purpose other than sidewalks, driveways, lawns, shrubbery, or the installation of street lights and underground utility lines.
(h) The design and improvement of all proposed roadways shall be subject to the approval of the Planning Commission.
(i) The maintenance of all roadways within the mobile home park shall be the responsibility of the mobile home park owner. All roadways shall be maintained in a state of good repair, with a smooth surface and free of debris.
1151.24 ACCESS TO MOBILE HOME PARKS.
Access to a mobile home park from an adjacent public street shall be by means of at least two (2) collector width roadways, the location of which shall comply with all the requirements of the Ohio Department of Transportation and applicable sections of the Zoning Ordinance pertaining to ingress and egress. Additional accesses may be required depending upon the size and design of the mobile home park.
1151.25 STREET LIGHTS.
Within each mobile home park street lights shall be installed in accordance with the following minimum requirements:
(a) Street light poles may be of the ornamental type, shall be located on alternate sides of a roadway whenever possible, shall be located not more than three hundred (300) feet from each other, with one being located at each type of roadway intersection,
(b) Street light poles and luminaries shall comply with the standards for residential street lighting established under the contract currently in effect between the Village of Wintersville and the utility serving the Village with electric power.
(c) As an alternative, post lanterns shall be installed on each mobile home site, at a uniform distance from the required roadway, post lanterns shall be maintained in a lighted condition from sunset until sunrise of each day. The operation of these lights shall not be controlled by the occupant of the mobile home site.
(d) All wiring shall be of the underground type.
1151.26 UNDERGROUND UTILITY LINES.
Within each mobile home park all utility lines, including those for electricity and telephone service, shall be located underground, and including television cables.
1151.27 UTILITY METERS.
(a) At the time a mobile home park is developed, utility lines shall be designed and installed in accordance with the regulations of the respective utility companies involved, and in accordance with regulations or Ordinances of the Village of Wintersville, whichever requirement is more stringent; and whenever the developer or operator of a mobile home park intends to, or does, change an individual occupant of the park a fee for any utility service, including but not limited to electricity, or gas, then a separate meter for the type of utility for which a charge will be made, or is made, shall be installed at the mobile home site concerned, excepting the water supply which shall be metered through a master meter in accordance with the rules and regulations of the Village of Wintersville.
(b) All electrical service connections, excluding the meter, and including all switch boxes, shall be installed at least five (5) feet above ground level.
1151.28 STORM DRAINAGE.
Within each mobile home park storm drainage shall be provided in accordance with the following minimum requirements.
(a) All mobile home sites, building sites, and other areas requiring grading shall be graded in such a manner that storm water will drain therefrom and there will not be any undrained depressions. Grading shall be accomplished in such a manner that it will not obstruct the natural drainage of adjoining and adjacent properties.
(b) Open drainage ditches shall not be permitted, and it shall be the responsibility of the mobile home park owner to install whatever drainage lines are necessary to carry storm water from his property to a point of distribution in a manner approved by the Planning Commission and/or other government agencies having jurisdiction, as required, to a natural waterway.
1151.29 WATER.
Within each mobile home park the source of water supply shall be from the municipally owned water system, or in the case of a mobile home park existing prior to the adoption of this standard, a county owned water system, approved by the Ohio Department of Health and the State of Ohio. The installation of new water lines shall be in accordance with the rules and regulations of the Village and the Ohio Department of Health, and shall remain the property of the mobile home park owner who shall be responsible for the repair and maintenance of said water lines.
1151.30 FIRE PROTECTION.
Within each mobile home park adequate water mains, fire hydrants, grated connections, and other fire prevention and fire safety facilities shall be installed in accordance with the rules and regulations of the Village Administrator and the Ohio Department of Health. Where local rules and regulations are more stringent than those of the Ohio Department of Health, local rules and regulations shall apply.
1151.31 SANITARY WASTE DISPOSAL.
Within each mobile home park sanitary waste disposal shall be by means of a municipally owned or municipally operated sewage system, or in the event that there is not an access to municipally owned or municipally operated sewage system lines, a waste water treatment plant or similar facility shall be installed in accordance with the rules and regulations of the Ohio Environmental Protection Agency, the Ohio Department of Health, the Village of Wintersville, or other agency having jurisdiction. The costs of the installation of sanitary sewer lines and other facilities necessary for the treatment of waste water shall be borne by the owner of the mobile home park and shall remain the property of the owner of the mobile home park
1151.32 MOBILE HOME PARK ACCESS AND AREA.
Each mobile home site within a mobile home park shall have an individual access and area in accordance with both of the following:
(a) Each mobile home site shall contain not less than forty-five (45) feet of continuous frontage on a roadway or street located within the boundaries of the park, and
(b) Each mobile home site shall contain an area of not less than six thousand (6,000) square feet. This area shall be exclusive of any areas set aside for common use of the residents of the park such as, but not necessarily limited to, roadways, recreation areas, and mobile home park yards.
1151.33 MOBILE HOME SITE YARDS.
Each mobile home site shall be designed in such a manner and the mobile home placed on the site in such a way as to comply with the following:
(a) There shall be not less than fifteen (15) feet of open unobstructed yard area between any portion of a mobile home, it's appurtenances, and parking spaces, located on any other adjacent mobile home site, and
(b) No portion of any mobile home, it's appurtenances and parking spaces shall be located on a mobile home site in such a manner that it shall be closer than ten (10) feet to a roadway boundary, or twenty-five (25) feet to a mobile home park boundary or property line.
1151.34 PATIOS.
Each mobile home site shall contain a patio with not less than two hundred (200) square feet. Such patio shall be constructed of Portland cement concrete, brick, tile, or similar materials to result in a dust free and well drained hard surface.
1151.35 MOBILE HOME PADS.
Each mobile home site pad shall be constructed of Portland cement concrete and shall have a length of not less than forty (40) feet. The pad shall consist of either two (2) strips, each one with a width of not less than three (3) feet and with a distance between them such that a mobile home can be maneuvered on the strips, or, one (1) strip not less than twelve (12) feet in width, and of sufficient length to extend from the rearmost wheels to and including the tongue.
1151.36 AUTOMOBILE PARKING.
Off street automobile parking spaces shall be provided as follows within each mobile home park:
(a) Two (2) spaces shall be provided for each mobile home site for the exclusive use of the occupants thereof.
(b) One (1) space for guest and visitor parking shall be provided for each four (4) mobile home sites within the park.
(c) Each parking space shall have an area of not less than nine (9) feet in width and nineteen (19) feet in length, and shall be located not more than one hundred (100) feet from the mobile home site it is intended to serve.
(d) Each parking space shall be constructed of portland cement concrete, or asphaltic concrete, and constructed in such a manner as to drain properly.
(e) Those spaces intended for guest and visitor parking shall be located in such a manner that any one of them may be used independently of any other such space.
1151.37 REMOVAL OF RUNNING GEAR PROHIBITED.
The removal of the frame, springs, and axle from any mobile home in a mobile home park is prohibited.
1151.38 ENCLOSURE AROUND BOTTOM OF MOBILE HOME.
Not later than thirty (30) days after a mobile home has been placed upon a mobile home site, the area between the bottom of the sides and the ends of the mobile home, and the ground upon which it is located, shall be enclosed by walls made of a visually impervious material. There shall be no storage of any material within the confines of these walls.
1151.39 LEGAL ACTION.
Upon a violation of this chapter, an action for an injunction, mandamus, abatement or any other appropriate action will lie. Said action shall be brought to prevent, enjoin, abate or remove any unlawful construction, reconstruction, alteration, conversion, maintenance use, or any other violation of this chapter.
1151.40 MOBILE HOMES PROHIBITED.
No mobile home or trailer whether left to remain on wheels or set on a fixed foundation shall be permitted to be used for habitation in the Municipality except in an approved mobile home park.
(Ord. 2005-09. Passed 4-21-05.)
(Ord. 2005-09. Passed 4-21-05.)