Zanesville City Zoning Code
TITLE THREE
Zoning Districts and Regulations
1125.01 ESTABLISHMENT OF DISTRICTS.
To accomplish the purposes of this Zoning Code, the City is hereby divided and classified into the following zoning districts:
(a) Residential Districts.
RS-1 | Low-Density Single-Family Residential District |
RS-2 | Medium-Low Density Single-Family Residential District |
RS-3 | Medium-Density Single-Family Residential District |
RS-4 | Medium-High-Density Single-Family Residential District |
RS-5 | High-Density Single-Family Residential District |
RA-1 | Attached Residential District |
RM-1 | Low-Density Multi-Family Residential District |
RM-2 | High-Density Multi-Family Residential District |
(b) Commercial Districts.
C-1 | Neighborhood Commercial District |
C-2 | Community and Regional Commercial District |
C-3 | Downtown Commercial District |
C-4 | Highway Commercial District |
(c) Office and Industrial Districts.
O-1 | Local Office District |
O-2 | Office Park District |
I-1 | Industrial District |
(d) Special Districts.
AE | Agriculture and Estate District |
HO | Historic Overlay District |
CO | Conservancy Overlay District |
(Ord. 87-94. Passed 7-27-87.)
1125.02 ZONING DISTRICT MAP.
(a) The zoning district classification of all land in the City shall be shown on the map designated as the City of Zanesville Zoning District Map, dated and signed by the Clerk of Council upon adoption. No land shall at any time be classified in more than one zoning district, except that land may be classified in any district designated as an overlay district and in a district that is not an overlay district. (Ord. 87-94. Passed 7-27-87.)
(b) The Zoning District Map, everything shown thereon, and all amendments thereto shall be as much a part of this Zoning Code as if fully described herein and shall be filed as part of this Code by the Clerk of Council. Such Map shall be available for public inspection in the Zoning Administrator’s office of the Community Development Department and Building and Code Enforcement Division of the Department of Public Safety. Any amendments to this map shall be similarly dated, filed and made available for public reference.
(Ord. 95-59. Passed 5-8-95.)
1125.03 INTERPRETATION OF DISTRICT BOUNDARIES.
District boundary lines shall, unless otherwise indicated, be on the boundary lines of the City, of sections or divisions of sections, or tract or lot lines; on the center lines of streets, railroads, alleys, easements, rivers and other water bodies; or on the extension of such lines.
District boundary lines approximately following such lines shall be interpreted as located on those lines. Distances not specifically indicated on the map shall be established using the scale of the map.
Where a district boundary divides a lot in single ownership, the district governing any portion of the lot may, at the owner's discretion, extend to the entire lot if such extension is not more than twenty-five feet beyond the district boundary on the map.
(Ord. 87-94. Passed 7-27-87.)
1125.04 ZONING OF ANNEXED LAND.
Any land or parcel thereof annexed to the City shall be assigned a zoning classification as provided herein. An application for zoning designation shall be initiated by the property owner within thirty days of an authorized annexation agreement. The Planning Commission of the City shall conduct a hearing and recommend to Council either approval, conditional approval or denial of the proposed zoning designation. The Planning Commission shall not unreasonably deny the applicant the ability to obtain a zoning designation for development purposes.
(Ord. 01-145. Passed 11-13-01.)
1129.01 AIR RIGHTS.
The development of air rights shall be a conditional use in all zoning districts and subject to all other requirements of the zoning district applying to the land below as well as to the procedures and criteria governing conditional uses.
(Ord. 87-94. Passed 7-27-87.)
1129.02 ADULT USES.
All lot lines of a lot on which any adult use, as defined in this Zoning Code, is located shall be a minimum of 1,000 feet from:
(a) The boundary of any residential district; and
(b) Any lot line of any lot on which is located a single- or multiple-family dwelling, religious institution, educational institution, park, playground or other area where large numbers of minors regularly travel or congregate.
(Ord. 87-94. Passed 7-27-87.)
1129.03 NONRESIDENTIAL USES IN RESIDENTIAL DISTRICTS.
(a) Yard requirements for nonresidential permitted and conditional uses except permitted public uses and conditional public uses and temporary uses shall be the same as required for single-family detached dwellings in the same zoning district. Where a building height is over thirty-five feet, however, each required yard shall be increased by two feet for each additional foot of building height over thirty-five feet.
(b) The lot width and area requirements for each nonresidential permitted use except permitted public uses and temporary uses shall be the same as required per dwelling unit in the same district. For nonresidential conditional uses, such requirements shall be as determined by the Board of Zoning Appeals. For both nonresidential permitted and conditional uses, maximum building height shall be governed by a maximum floor area ratio of 0.6 and off-street parking and loading and landscaping requirements and sign regulations shall be as provided in Chapters 1149, 1151 and 1153.
(c) All principal and accessory buildings associated with nonresidential uses shall be set back a minimum of forty feet from any lot line abutting a lot in a residential district.
(Ord. 87-94. Passed 7-27-87.)
1129.04 TEMPORARY USE PERMIT.
(a) Temporary uses not in full compliance with the provisions of this Zoning Code applicable to permanent uses may be permitted in any zoning district by the issuance by the Zoning Administrator of a temporary use permit, subject to the provisions of this section.
(b) An application for a temporary use permit shall be filed with the Zoning Administrator at least thirty days before the requested beginning of the temporary use. The application shall include the items specified in Table 1, Section 1113.13.
(c) The Zoning Administrator may deny or approve such a permit subject to any restrictions, time limits or conditions he or she finds necessary to safeguard the public welfare. Within five working days of application therefor, the Zoning Administrator shall issue a permit that sets forth any conditions or restrictions.
(d) A temporary use permit shall be revocable and valid for a period not exceeding thirty days or such other period as the Zoning Administrator may establish, whichever is less. Renewal of the permit by the Zoning Administrator shall be limited to a single period of no more than thirty days. No temporary use shall be established on any premises for a cumulative total of more than sixty days per calendar year without prior approval of the Board of Zoning Appeals.
(e) The permittee shall display the permit within plain view on the premises of the temporary use for the duration of the use.
(Ord. 87-94. Passed 7-27-87.)
1129.05 TEMPORARY SIGNS.
1129.06 YARD SALES.
(a) Exempt from Permit. Yard sales as defined herein shall be exempt from the requirement for a temporary use permit but shall be subject to the requirements of this section.
(b) Hours of Operation. Yard sales shall be conducted during daylight hours only.
(c) Number and Duration. No yard sale shall be conducted for more than three consecutive days. No more than four yard sales shall be conducted per calendar year per household.
(Ord. 87-94. Passed 7-27-87.)
1129.07 MEDICAL MARIJUANA.
(a) Legislative Purpose. Although medical marijuana is in some respects legal under applicable state law, it remains illegal under federal law. The purpose of this Section is to prohibit the use of certain real property in the City for a medical marijuana-related business or home occupations. This Section is expressly adopted as an exercise of the City's power of local self-government and Home Rule authority contained in Section 3, Article XVIII of the Constitution of the State of Ohio, and pursuant to the provisions of Ohio Revised Code Section 3796.29.
(b) Definitions. The following definitions shall apply for all purposes under the Zoning Code:
(1) "Marijuana" means marijuana as defined in Ohio Revised Code § 3719.01.
(2) “Medical marijuana" means marijuana that is cultivated, processed, dispensed, tested, possessed, or used, for a medical purpose, regardless of whether such marijuana is, or is not, in a form or intended for incorporation into a form permitted under Ohio Revised Code Section 3796.06.
(3) "Medical marijuana-related business or home occupation" means a business or home occupation use, involving in whole or in part, the cultivation, processing, distribution, and/or wholesale or retail sale of medical marijuana on the premises. This definition shall specifically include, but is not limited to, dispensaries of medical marijuana; facilities for the cultivation, packing, transportation, processing, storage, and/or sale of medical marijuana; facilities used for research and testing of marijuana and marijuana-related items; bakeries or kitchens producing edible forms of medical marijuana or products containing the same. These restrictions also specifically include all medical marijuana facilities established and/or defined by the Ohio Revised Code and those under the control of the State of Ohio Department of Commerce and/or the State of Ohio Board of Pharmacy.
(4) “Dispensary” means a person who has a certificate of operation to operate a dispensary under Chapter 3796 of the Ohio Revised Code and Chapter 3796 of the Administrative Code.
(c) Special Use Provision. Medical marijuana-related businesses may be established, operated, or maintained only as a special use as defined in Chapter 1134 of the City of Zanesville's Codified Ordinances in the C-3, Downtown Commercial District and the C-4, Highway Commercial District. This land use may only be approved by the Board of Zoning Appeals in accordance with the procedures of Chapter 1134.
Medical and recreational marijuana dispensaries may operate in zoning districts above so long as such facility is in full and complete compliance with the requirements and restrictions of all applicable sections of the Ohio Revised Code as well as all applicable licensing and reporting requirements of the Codified Ordinances of the City of Zanesville, Ohio and such facility is not located within 500 feet of a parcel of real estate having situated on it a school, church, public library, public playground, public park or community addiction services provider as defined under Ohio R.C. Section 5119.01.
(d) Prohibition. No medical marijuana-related business or home occupation may be established, operated, or maintained in all zoning districts outside of those specified in subsection (c) hereof. Nor shall any provision of the Zoning Code be construed to permit the use of any property, outside of designated districts, for that purpose.
(e) Severability. In the event that any portion of this Section shall be declared invalid or unenforceable for any reason by a court of competent jurisdiction, that portion shall be considered severable and the remainder of this Section shall remain in full force and effect.
(Ord. 2024-45. Passed 4-22-24.)
1133.01 REGULATION OF FLOODPLAIN LANDS.
The use of land located within flood plains is regulated by the Chapter 1347 of the Codified Ordinances in addition to the requirements herein.
(Ord. 87-94. Passed 7-27-87.)
1133.02 EROSION AND SEDIMENTATION CONTROL.
The use of land in the City is also subject to the provisions of Chapter 1349 of the Codified Ordinances governing soil pollution control.
(Ord. 87-94. Passed 7-27-87.)
1133.03 ONE PRINCIPAL BUILDING PER LOT.
Except within planned unit developments, no more than one principal building or use shall be permitted on any lot in any zoning district.
(Ord. 87-94. Passed 7-27-87.)
Multi-building complexes may be permitted as a conditional use in RM, C-2, C-4, O and I Districts provided that all uses are permitted in that district.
(Ord. 91-158. Passed 11-12-91.)
1133.04 OPERATIONS WITHIN ENCLOSED BUILDINGS.
All business, service, storage, merchandise display and, where permitted, repair and processing in Commercial, Office and Industrial Districts shall be conducted wholly within enclosed buildings except for off-street parking; off-street loading; sale of fuel, lubricants and related fluids at service stations; open sales lots or outside storage where these uses are permitted; and uses and operations that are commonly and characteristically conducted in the open. Other uses allowed in the I-1 and AE Districts may be conducted outside of enclosed buildings within those districts as a conditional use.
(Ord. 87-94. Passed 7-27-87.)
1133.05 EXCEPTIONS TO ARTERIAL LOT DIMENSIONS.
The following lots are exempt from the special minimum lot dimensions, except for minimum lot dimensions in AE Districts for manufactured homes:
(Ord. 91-158. Passed 11-12-91.)
(a) Existing lots of record as of the effective date of this Zoning Code; and
(b) Lots subdivided after the effective date of this Code that meet any of the following conditions:
(1) Access from intersecting street. The only permanent access to the lot is or is to be from one or more public streets or public access drives that are not arterials and are either already in existence or have been planned and approved by the City.
(2) Shared curb cut. The only permanent access to the lot is from one or more curb cuts provided jointly with one or more other lots which together with the subject lot have a combined frontage on the arterial of 150 feet or more.
(3) Frontage road. The only permanent access to the lot is or is to be provided from a frontage road planned and approved by the Ohio Department of Transportation, the County or the City as provided by law and where right-of-way adjacent to the lot has been dedicated totaling 100 feet from the center line of the arterial or such lesser distance equalling or exceeding fifty feet as Council may approve.
(4) Other arrangements. Other arrangements approved by the Board of Zoning Appeals:
A. Establish a minimum distance of 150 feet between each curb cut on the lot and all other curb cuts on the lot or on adjacent parcels; or
B. Control left turns in and out of curb cuts by driveway channelization or signage; or
C. Otherwise reduce the harmful impact on traffic movement and safety of closely-spaced curb cuts.
(Ord. 87-94. Passed 7-27-87.)
1134.01 PROCESS.
The purpose of establishing a Special Use Permit process is to ensure that a proposed use is conducted in a manner that is harmonious and compatible with uses located on the same or surrounding properties. The process recognizes that, within a given zoning district, certain uses may be appropriate and compatible in some locations but not in others. The Special Use Permit process allows a site-specific inquiry into the compatibility of a proposed use at a particular location, taking into account: the characteristics of the site and the surroundings; the relevant zoning and planning principles; and the input of the reviewing parties.
(a) Authority. The Board of Zoning Appeals shall have the authority to approve, approve with conditions, or deny an application for a Special Use Permit, and the decision is final.
(b) Appeals. Decisions may be appealed by the applicant or directly impacted party to the Court of Common Pleas.
(c) Application. Applications are available and processed by the Planning & Zoning Administrator or designee.
(d) Previous Special Use Permits. If a Special Use Permit has been denied, the use that was denied may not be re-applied for, at the same location, until twelve full months have passed since the final denial date.
(e) Precedents. The fact that a Special Use Permit for the same or similar use has been granted previously for the subject property or nearby property is a factor to be considered, but is not determinative.
(f) Burden of Proof. The applicant bears the burden of proof to establish that the approval of a Special Use Permit is warranted.
(g) Expiration. A Special Use Permit will expire when the use ceases at the location for six continuous months where issued and/or when majority ownership changes.
(h) Determinations. In order to approve a proposed Special Use Permit application, the Board of Zoning Appeals must determine that:
(1) The proposed use can be conducted in a manner that is harmonious and compatible with existing surrounding land uses, and with future surrounding land uses as projected by the General Plan.
(2) The subject site is physically suitable for the type and intensity of land use being proposed;
(3) Street or highway facilities providing access to the property are or will be adequate in size to meet the requirements of the proposed use; and
(4) Approval of the Special Use Permit at the site in question will not be inconsistent with or compromise the public health, safety and welfare or the overall objectives of the Comprehensive Plan.
(Ord. 18-76. Passed 7-23-18.)
1137.01 SINGLE-FAMILY DISTRICTS.
(a) Purpose. These districts are intended to recognize, preserve and protect the present character of existing single-family residential neighborhoods and to provide for the development of new neighborhoods in accordance with contemporary residential development standards.
(b) RS-1 Low-Density Single-Family Residential District.
(1) Purpose. The purpose of this district is to encourage and provide for the orderly development of low density single family homes on large lots not to exceed three dwelling units per acre.
(c) RS-2 Medium-Low-Density Single-Family Residential District.
(1) Purpose. The purpose of this district is to encourage and provide for the orderly development of medium to low density single family dwellings on medium sized lots not to exceed four dwelling units per acre.
(d) RS-3 Medium-Density Single-Family Residential District.
(1) Purpose. The purpose of this district is to encourage and provide for the orderly development of medium density single family dwellings on medium sized lots not to exceed five dwelling units per acre.
(e) RS-4 Medium-High-Density Single-Family Residential District.
(1) Purpose. The purpose of this district is to encourage and provide for the orderly development of medium to high density single family dwellings on small sized lots not to exceed seven dwelling units per acre.
(f) RS-5 High-Density Single-Family Residential District.
(1) Purpose. The purpose of this district is to encourage and provide for the orderly development of high density single family dwellings on small sized lots not to exceed fifteen dwelling units per acre.
(Ord. 17-02. Passed 2-13-17.)
1137.02 MULTI-FAMILY DISTRICTS.
(a) Purpose. These districts are intended to provide for a variety of housing types suited to the differing age groups and lifestyles of present and future City residents in a way that most effectively controls the impacts on the environment and public services created by high population densities.
(b) RA-1 Attached Residential District.
(1) Purpose. This district is intended to provide:
A. For intermediate housing types and densities between single-family detached and apartment development in order to further a balanced distribution of nonsingle-family detached housing in the City;
B. For intermediate-density residential development in locations where apartment buildings would not be compatible; and
C. In a flexible manner, for numbers and sizes of dwelling units that shall produce approximate population densities of up to thirty-five persons per acre in such dispersed locations as shall produce minimal conflict with single-family areas.
(c) RM-1 Low-Density Multi-Family Residential District.
(1) Purpose. This district is primarily intended to provide in a flexible manner for numbers and sizes of dwelling units that shall produce approximate population densities of up to fifty-one persons per acre in locations where such densities are compatible.
(d) RM-2 High-Density Multi-Family Residential District.
(1) Purpose. This district is primarily intended to provide in a flexible manner for numbers and sizes of dwelling units that shall produce approximate population densities of up to 102 persons per acre in locations near the downtown area and other centers of activity and along major arterial streets.
(Ord. 87-94. Passed 7-27-87.)
1137.03 TABLE 11: RESIDENTIAL DISTRICT REQUIREMENTS.
ZONING DISTRICT | ||||||||
RS1 | RS2 | RS3 | RS4 | RS5 | RA1 | RM1 | RM2 | |
Minimum lot area** per dwelling unit in square feet | ||||||||
Efficiency unit | 15,000 | 11,000 | 8,700 | 6,500 | 3,000 | 1,245 | 854 | 427 |
1-Bedroom unit | 15,000 | 11,000 | 8,700 | 6,500 | 3,000 | 1,613 | 1,117 | 558 |
2-Bedroom unit | 15,000 | 11,000 | 8,700 | 6,500 | 3,000 | 2,723 | 1,894 | 947 |
3-Bedroom unit | 15,000 | 11,000 | 8,700 | 6,500 | 3,000 | 3,960 | 2,723 | 1,361 |
4-Bedroom and larger unit | 15,000 | 11,000 | 8,700 | 6,500 | 3,000 | 4,356 | 3,111 | 1,556 |
Minimum lot width** per dwelling unit in feet | 100 | 80 | 70 | 50 | 30 | 40 | 30[a] | 30[a] |
Abutting arterial street [b] | 200 | 200 | 200 | 200 | 30 | 200 | 200 | 200 |
Minimum front yard depth in feet [c] | 30 | 30 | 20 | 20 | 20 | 20 | 20 | 20 |
Minimum corner side yard width in feet [c] | 15 | 15 | 10 | 10 | 10 | 10 | 10 | 10 |
Minimum interior side yard width in feet: [c] [d] | 10* | 10* | 10* | 6 | 6 | 15 | 15 | 15 |
Minimum rear yard depth in feet [c] | 40 | 30 | 25 | 25 | 25 | 25 | 25 | 25 |
Maximum building height [g] in feet - for residential uses only | --------- 25 stories or ------- | 3 stories | 6 stories | |||||
-------------35 feet --------------- | or 40 feet | or 70 feet | ||||||
Permitted use group(s) [e] | A | A | A | A | A | A, C | A, C, D | A, C, D |
Conditional use group(s) [f] | B | B | B | B | B | B | B, E | B, E |
Parking and loading | As provided in Chapter 1149 | |||||||
Landscaping and screening | As provided in Chapter 1151 | |||||||
Signs | As provided in Chapter 1153 | |||||||
Other requirements | ||||||||
Notes on Table 11
* Or ten percent (10%) of the width of the lot, whichever is less.
** For development on hilly sites, minimum lot area and lot width requirements shall be applied to the average of such dimensions for all the lots in the development, subject to approval by the Zoning Administrator of any individual lots having an area or width smaller than these minimums.
[a] For uses also permitted in RA Districts only. No minimum lot width per dwelling unit shall be required for other uses permitted in RM Districts.
[b] Required front and corner side yard frontages for any lot abutting an arterial street designated in the City Comprehensive Plan and not qualifying under exceptions in Chapter 1133.
[c] Plus two feet for each one foot of building height over thirty-five feet, where maximum height restriction permits.
[d] Side yard requirements for attached dwelling units shall not apply where the unit is attached to another unit at the side lot line.
[e] See Table 12, Section 1137.04 for permitted and conditional uses by group.
[f] Subject to the provisions of Chapter 1121.
[g] Maximum is the lesser of the number of stories or height in feet.
Note: In RA and RM Districts, single-family detached dwellings and manufactured homes on individual lots outside of manufactured home parks and manufactured home subdivisions shall meet the same requirements as provided in the RS-4 District for such dwellings.
(Ord. 87-94. Passed 7-27-87.)
1137.04 TABLE 12: PERMITTED, CONDITIONAL AND SPECIAL USES IN RESIDENTIAL DISTRICTS.
GROUP A: Permitted Uses in All RS, RA and RM Residential Districts.
(1) Home occupations.
(3) Parks, playgrounds, golf courses, forest preserves, wildlife sanctuaries and other publicly owned space.
(4) Permitted public uses, as defined in this Zoning Code.
(5) Streets and alleys.
(6) Temporary buildings or trailers for construction purposes for a period not to exceed the period of construction.
(7) Accessory uses, buildings and structures to all permitted uses in the district.
(8) HUD Code manufactured, single-family detached or individual lots outside manufactured home parks, or manufactured home subdivisions conforming to the approval standards in Table 13, Section 1137.05.
GROUP B: Conditional Uses in All RS, RA and RM Residential Districts.
(1) Cemeteries.
(2) Conditional public uses, as defined in this Code.
(3) Educational institutions, as defined in this Code.
(4) Golf courses and country clubs, private.
(5) Hospitals, clinics, medical and dental offices, nursing and group homes, mental health centers.
(6) Philanthropic and charitable institutions, as defined in this Code.
(7) Religious institutions, as defined in this Code.
(8) Zero lot line single-family detached residential developments.
(9) Accessory uses, buildings and structures to all conditional uses in the district, and including off-street parking and loading and signs as provided in applicable sections of this Code.
(10) Accessory structures on separate lots to the rear of all adjacent principal use buildings.
GROUP C: In addition to Group A, the following are Permitted Uses in RA and RM Residential Districts.
In unit groups of eight or fewer dwelling units:
(1) Single-family attached dwellings as defined in this Code.
(2) Townhouses as defined in this Code.
GROUP D: In addition to Group A and C, the following are Permitted Uses Only in RM Residential Districts:
(1) Multiple-family dwellings as defined in this Code.
(2) Two-family dwellings that are not townhouses as defined in this Code.
GROUP E: In addition to Group B, the following are Conditional Uses Only in RM Residential Districts:
(1) Manufactured home parks as defined in this Code conforming to the standards in Table 9, Section 1121.08.
(2) Manufactured home subdivisions as defined in this Code conforming to the standards in Table 9, Section 1121.08.
(3) Tourist homes.
GROUP F: Special Use in all RS, RA and RM Districts:
(1) Vocational Agriculture Education Programs.
(Ord. 2021-125. Passed 11-22-21.)
1137.05 TABLE 13: APPROVAL STANDARDS FOR SINGLE-FAMILY DETACHED DWELLINGS ON INDIVIDUAL LOTS.
All single-family detached dwellings on individual lots in Residential Districts outside of manufactured home subdivisions and parks shall conform to the standards in this table. Manufactured homes that meet all seven approved standards under Section 1137.05, Table 13, shall be approved administratively by the Zoning Administrator. If a manufactured home fails to meet any of the approval standards, then it must be approved by the Board of Zoning Appeals.
1. Foundation.
The dwelling shall be set on a permanent structural perimeter foundation that shall form a complete enclosure under exterior walls.
2. Roof.
The roof shall be pitched at not less than a 1:4 ratio between vertical rise and horizontal run, except over porches or attached garages or carports, unless site-built dwellings with flat roofs are common in its environs. The roofing material shall be of a type or shall resemble a type commonly found on site-built dwellings.
3. Exterior walls.
The material covering all exterior walls shall be similar in appearance to materials commonly found on site-built dwellings. It shall not reflect light to any greater degree than siding coated with white gloss exterior enamel paint.
4. Minimum width.
The width of the narrowest part of the main portion of the dwelling shall be at least twenty feet.
5. Faces street.
The longest dimension of the dwelling shall be parallel to the street, unless site-built dwellings with a different orientation are common in its environs, such as in some zero lot line developments, or unless the Board of Zoning Appeals determines such orientation would be compatible in the area.
6. Floor level.
The lowest level of the finish first story floor shall not be more than two feet above the exterior finish grade of the lot at the building line.
7. Installations.
The dwelling shall be properly connected to utilities and, if manufactured off-site, shall be installed on the site in accordance with the manufacturer's instructions.
(Ord. 00-76. Passed 6-12-00.)
1137.06 ADMINISTRATIVE REDUCTION IN SETBACK STANDARDS.
For the purpose of encouraging infill housing development in a harmonious and compatible manner consistent with the surrounding neighborhood character, the Community Development Director may reduce a percentage and/or the entirety of the required setbacks outlined in Section 1137.03 Table 11. The Community Development Director shall review and provide a written finding of fact for such a reduction based on the following criteria:
(a) Feasibility for Development. The specific conditions of the subject parcel create an undue hardship for the property owner to develop the lot.
(b) Economic Viability of the Development. The project would not be economically viable under the current setback standards.
(c) Neighborhood Characteristics. The reduction in setback standards is consistent with the surrounding community characteristics.
(d) Public Health, Safety, and General Well-Being. The reduction in the setback standards will not jeopardize the public health, safety, or general well-being. Additionally, it will not add an undue burden on city provided services.
(Ord. 2021-109. Passed 10-25-21.)
1141.01 COMMERCIAL DISTRICTS.
(a) C-1 Neighborhood Commercial District.
(1) Purpose. This district is intended to provide convenient access to goods and services close to residential areas in a manner that is environmentally compatible with such areas. To accomplish this intent, the district provides close-to-home locations for frequently patronized establishments providing convenience goods and services and a limited selection of comparison shoppers goods that predominantly serve only the immediate neighborhood. It is intended that such uses shall create minimal land use incompatibility with surrounding residential areas.
(b) C-2 Community and Regional Commercial District.
(1) Purpose. This district is intended to provide locations for a broad selection of convenience and comparison shoppers goods and services in centralized and highly accessible locations that serve the entire City and surrounding areas.
(c) C-3 Downtown Commercial District.
(1) Purpose. This district in intended to provide appropriate standards for high-intensity retail, service, office and residential development in the City's older central business area and to reflect and protect the existing character of that area.
(d) C-4 Highway Commercial District.
(1) Purpose. This district is intended to provide locations along major arterial streets for highway-oriented commercial uses, businesses having large space needs and other establishments offering goods and services that are less frequently purchased.
(Ord. 87-94. Passed 7-27-87.)
1141.02 OFFICE DISTRICTS.
(a) O-1 Local Office District.
(1) Purpose. This district is intended to provide for small office buildings on smaller sites housing uses that do not generate large amounts of traffic.
The district is intended for locations that can serve as a buffer between commercial and residential development and locations that are not best suited either for residential or for more intensive business development.
(b) O-2 Office Park District.
(1) Purpose. This district is intended to provide locations on larger sites for large office buildings and planned office park developments including office-related retail and service uses.
(Ord. 87-94. Passed 7-27-87.)
1141.03 INDUSTRIAL DISTRICTS.
(a) I-1 Industrial District.
(1) Purpose. This district is intended to provide primarily for low-nuisance industrial uses but also to allow after special review heavier industrial facilities that can meet suitable environmental performance standards.
(Ord. 87-94. Passed 7-27-87.)
1141.04 TABLE 14: BUSINESS DISTRICT REQUIREMENTS.
ZONING DISTRICT | |||||||
C1 | C2 | C3 | C4 | 01 | 02 | I1 | |
Minimum lot area in square fee | - | - | - | - | 5,000 | 40,000 | 15,000 |
Minimum lot width in feet | - | - | - | - | - | 100 | 100 |
Along arterial street [a] | 200 | 200 | - | 200 | 200 | 200 | 200 |
Minimum front yard depth or corner side yard width in [b], [e] | 30 | 30 | - | 30 | 30 | 30 | 30 |
Height [f] | 60 | 60 | 60 | 60 | 60 | 60 | 60 |
Minimum interior side yard width in feet [b] | 10 | 10 | - | 10 | 10 | 10 | 10 |
Adjacent to Residential [b] | 20 | 20 | - | 25 | 25 | 35 | 50 |
Minimum rear yard depth in feet [b] | 15 | 15 | - | 15 | 15 | 15 | 15 |
Adjacent to Residential District [b] | 30 | 30 | - | 30 | 25 | 35 | 50 |
Maximum floor area ratio | 1.0 | 3.0 | 6.0 | 1.0 | 1.0 | 3.0 | 3.0 |
Parking and loading | |||||||
Landscaping and screening | |||||||
Performance standards | |||||||
Signs | |||||||
Other requirements | |||||||
Notes for Table 14
[a] Required front and corner side yard frontages for any lot abutting an arterial street designated in the City Comprehensive Plan except for lots meeting requirements under exceptions in Chapter 1133.
[b] Plus two feet for each one foot of building height over thirty-five feet.
[c] See Table 15, Section 1141.05 for permitted and conditional uses by group.
[d] Subject to the provisions of Chapter 1121.
[e] Corner side yard may be reduced to a minimum of fifteen feet if all other yard requirements are met or exceeded as verified by the Zoning Administrator.
[f] Any building or structure over 60 feet or five stories, whichever is greater requires a Special Use Permit.
(Ord. 18-76. Passed 7-23-18.)
1141.05 TABLE 15: PERMITTED, CONDITIONAL AND SPECIAL USES IN BUSINESS DISTRICTS.
Key: Blank Cell = Not Permitted P = Permitted C = Conditional use S = Special Use | ||||||||
Use Category | Specific Use | C1 | C2 | C3 | C4 | O1 | O2 | I1 |
Dwelling Types: | Single-Family: | C | C | |||||
Upper Story Residential: | P | P | P | P | P | P | P | |
Multi-Family: | S | C | C | C | ||||
Live/Work Unit: | C | C | C | C | C | C | ||
Group Living: | Boarding Houses: | S | S | |||||
Elderly Housing/Assisted Living: | C | C | P | P | ||||
Short Term Rentals: | S | C | C | |||||
Nursing Homes, Hospice, Life Care Center: | C | C | P | P | ||||
Community Services: | Museum/Libraries: | C | P | P | P | P | P | C |
Neighborhood/Community Center: | C | C | C | C | C | C | C | |
Philanthropic Institutions: | C | C | C | C | C | C | C | |
Government Facilities: | P | P | P | P | P | P | P | |
Religious Assembly: | C | C | C | C | C | C | C | |
Regional Transit Authority Facilities: | C | C | C | C | C | |||
Key: Blank Cell = Not Permitted P = Permitted C = Conditional use S = Special Use | ||||||||
Use Category | Specific Use | C1 | C2 | C3 | C4 | O1 | O2 | I1 |
Educational Facilities: | All educational facilities except as listed below: | C | C | P | P | P | P | P |
Academy (Special Training Centers): | C | C | C | C | P | |||
Colleges, Universities, Community Colleges: | C | C | C | C | C | C | C | |
Job Training, Vocational Rehabilitation Services: | C | C | C | P | P | |||
Trade School: | C | C | C | P | ||||
Administrative Offices for Educational Institutions: | C | C | C | C | C | C | C | |
Childcare and Daycare Facilities: | C | C | C | |||||
Parks and Open Spaces: | All parks and open areas except as listed below: | P | P | P | P | P | P | P |
Cemeteries, Memorial Parks; | C | C | C | C | C | C | ||
Campgrounds: | S | S | S | |||||
Social Services: | All social services except as listed below: | C | C | C | C | C | C | C |
Halfway House: | C | C | C | |||||
Soup Kitchen, Transient Lodging, or Shelters for Home;ess: | S | C | ||||||
Psychiatric Treatment Institution: | S | S | S | |||||
Domestic Abuse Crisis Centers: | P | P | P | P | P | P | P | |
Utilities: | All utilities except as listed below: | P | P | P | P | P | P | P |
Telecommunication Towers: | C | C | ||||||
Internet Server Stations: | C | C | ||||||
Key: Blank Cell = Not Permitted P = Permitted C = Conditional use S = Special Use | ||||||||
Use Category | Specific Use | C1 | C2 | C3 | C4 | O1 | O2 | I1 |
General Retail: | All retail uses except as listed below: | P | P | P | P | C | C | C |
Firearm Retail Space: | C | C | ||||||
Marijuana Dispensary: | S | S | S | |||||
Alcohol Sales: | C | C | C | |||||
Fuel Station: | S | S | ||||||
Outdoor Sale Lots: | S | S | ||||||
Adult Entertainment: | S | |||||||
Commercial Services: | All commercial services except as listed below: | C | C | P | P | C | C | |
Automotive Repair Centers: | C | S | ||||||
Salvage, Towing, Storage and Junk Yards: | S | |||||||
Lawn Care Centers: | C | C | ||||||
Tattoo Shop: | C | C | C | |||||
Car Wash: | C | |||||||
Crematories and Funeral Homes: | C | C | ||||||
Self-Storage Facilities: | C | C | C | |||||
Outdoor Advertising and Billboard Signs: | C | |||||||
Key: Blank Cell = Not Permitted P = Permitted C = Conditional use S = Special Use | ||||||||
Use Category | Specific Use | C1 | C2 | C3 | C4 | O1 | O2 | I1 |
Commercial Recreation: | All commercial recreation uses except as listed below: | P | P | P | ||||
Indoor Amusement Parks: | C | C | C | |||||
Indoor Gun Range: | C | C | ||||||
Golf Courses: | C | C | C | C | C | C | C | |
Private and Fraternal Clubs: | C | C | C | |||||
Hospitality and Travel Centers: | P | P | P | P | P | P | P | |
Theatres: | C | |||||||
Cigar/Vapor Lounge: | C | C | C | |||||
Convention and Banquet Facilities: | C | C | C | C | ||||
Food Service: | All food Service uses except as listed below: | P | P | P | P | |||
Restaurant with Drive Thru: | C | C | C | C | ||||
Bars and Taverns: | C | C | C | |||||
Food Trucks: | C | C | ||||||
Outdoor Dining Spaces: | C | C | C | C | ||||
Farmer’s Market and Community Garden Space: | C | C | C | C | C | C | C | |
Key: Blank Cell = Not Permitted P = Permitted C = Conditional use S = Special Use | ||||||||
Use Category | Specific Use | C1 | C2 | C3 | C4 | O1 | O2 | I1 |
Manufacturing and Industrial: | All manufacturing and industrial uses except as listed below: | C | C | C | P | |||
Slaughterhouses: | S | |||||||
Batch Asphalt, Concrete, or Mortar Facilities; | S | |||||||
General Warehousing and Distribution: | S | C | C | C | ||||
Equipment Rental (with outdoor storage): | C | P | ||||||
Feed, Flour, and Grain Storage: | S | |||||||
Heavy Manufacturing and Industrial: | S | |||||||
Makerspace: | C | C | C | C | C | C | P | |
Office: | All office uses except as listed below: | P | P | P | P | P | ||
Call Centers: | P | C | P | P | P | |||
Staffing Centers: | C | C | C | C | C | |||
Bail Bond Centers: | C | C | C | |||||
Medical Facilities: | All medical facilities, except as listed below: | P | P | P | P | P | ||
Hospitals and Medical Campuses: | C | C | C | C | ||||
Medical Laboratories: | C | C | P | |||||
Medical, Dental, Chiropractic, Optometry: | C | P | P | P | P | |||
Drug and Alcohol Rehabilitation/Counseling: | S | S | S | S | ||||
Blood and Plasma Donation Clinics: | S | |||||||
Massage Therapy Facilities: | C | C | C | P | P | P | ||
(Ord. 2024-79. Passed 6-24-24.)
1145.01 AE AGRICULTURE AND ESTATE DISTRICT.
(a) Purpose. This district is intended:
(1) To provide land outside of the intensely developed portions of the City for agriculture and low-density estate single-family residences prior to the time such land is needed for urban development;
(2) To allow continued agriculture cultivation of such land prior to its development
(3) To discourage the scattering of parcels of intensive development and the premature and uneconomic extension of public facilities and services; and
(4) To encourage the maintenance of open areas for future urban uses that will require large undeveloped sites.
(Ord. 11-62. Passed 10-11-11.)
1145.02 CO CONSERVANCY OVERLAY DISTRICT.
(a) Purpose. This is an overlay district that imposes requirements in addition to those of one or more underlying zoning districts. It is intended:
(1) To control development in areas subject to flooding and high ground water levels and thereby prevent property damage in these areas and in their surroundings;
(2) To protect areas of special environmental sensitivity by directing development to other portions of a site;
(3) To preserve natural drainageways for economical disposal of storm water;
(4) To insure that adverse soil or slope conditions are overcome prior to development; and
(5) To accomplish the forgoing objectives without economic loss to the property owner by permitting a transfer of land use intensity from the conservancy area to other portions of a development site.
(Ord. 11-62. Passed 10-11-11.)
1145.03 HO HISTORIC OVERLAY DISTRICT.
(a) Purpose. This is an overlay district that imposes requirements in addition to those of one or more underlying zoning districts. It is intended:
(1) To protect and enhance the cultural, educational, and living environments of the City by affording special protection to structures and neighborhoods with special historic, cultural or architectural character;
(2) To stimulate appropriate investment in and improvement of such structures and neighborhoods by assuring a controlled neighborhood environment compatible with the improvement of historic properties;
(3) To promote business and economic development by preserving neighborhoods having special character to attract residents and visitors;
(4) To preserve the existing character and property values of the oldest parts of the City by discouraging incompatible change and development; and
(5) To prevent blight and decay in sound older neighborhoods.
(Ord. 11-62. Passed 10-11-11.)
1145.04 AO ARTS AND CULTURE OVERLAY.
(a) Purpose. This is an overlay district that imposes requirements in addition to those of one or more underlying zoning districts. It is intended:
(1) To promote investment through mixed use and commercial development that expands the presence of and/or otherwise enhances the arts and culture within the designated area.
(2) To support existing businesses and the creation of new business ventures.
(3) To provide additional permitted and conditional uses within all zoning districts throughout the designated area without specifically changing the underlying zoning district requirements.
(Ord. 11-62. Passed 10-11-11.)
1145.05 TABLE 16: SPECIAL ZONING DISTRICT REQUIREMENTS.
ZONING DISTRICT | ||||
AE | AO | CO | HO | |
Minimum lot area in acres | 2.5 | [d] | [d] | [d] |
Minimum lot width in feet | 200 | [d] | [d] | [d] |
Minimum front yard depth or corner side yard width in feet [a] | 30 | [d] | [d] | [d] |
Minimum interior side yard width in feet [a] | 20 | [d] | [d] | [d] |
Minimum rear yard depth in feet [a] | 40 | [d] | [d] | [d] |
Permitted use groups [b] | V | Z [e] | X | [d] |
Conditional use groups [c] | W | AA [f] | Y | [d] |
Parking and loading | ||||
Landscaping and screening | ||||
Signs | ||||
Performance standards | ||||
Other requirements | ||||
Notes for Table 16
[a] Plus two feet for every one foot of building height over thirty feet.
[d] As provided by the underlying zoning district.
[e] In addition to permitted uses within the underlying zoning districts.
[f] Unless use is listed as permitted in the underlying zoning district.
Density Transfer in CO District
For purposes of calculating the lot area, lot area per dwelling unit or floor area ratio, the land and water area located in the CO Overlay District within any development may be added on a pro-rated basis to the area of each lot in the same development located outside the CO District.
(Ord. 18-91. Passed 9-24-18.)
1145.06 TABLE 17: PERMITTED AND CONDITIONAL USES IN SPECIAL ZONING DISTRICTS.
Uses are listed alphabetically within groups.
GROUP V: Permitted Uses in AE District.
(1) Agriculture as defined in this Zoning Code.
(2) Farm stands for sale only of produce grown on the same parcel of land
(3) Feed, flour and grain storage
(4) Forestry and orchards
(5) Greenhouses and nurseries
(6) Hiking trails, bridle paths and picnic areas
(7) Home occupations
(8) Manufactured homes, single-family detached, on individual lots, anchored in a manner approved by the Public Service Director
(9) Parks, playgrounds, golf courses, forest preserves, wildlife sanctuaries and other publicly owned open space
(10) Permitted public uses, as defined in this Code
(11) Single-family detached dwellings
(12) Streets and alleys
(13) Accessory uses, buildings and structures to all permitted uses in the district, including:
A. Agricultural buildings and structures
B. Club houses and other structures on the grounds of parks, golf courses, etc.
C. Private greenhouses
D. Private boat houses
E. Individual sewage disposal units
F. Private non-commercial stables
GROUP W: Conditional Uses in AE Districts.
(1) Airports
(2) Campgrounds
(3) Cemeteries
(4) Commercial stables
(5) Conditional public uses as defined in this Code
(6) Dumps, sanitary landfills and other disposal areas
(7) Education institutions
(8) Excavation for artificial lakes, borrow pits and top soil removal
(9) Golf courses and country clubs, private
(10) Recycling centers, solid waste
(11) Religious institutions, as defined in this Code
(12) Surface mining and quarries
(13) Transfer stations, solid waste
(15) Outdoor recreation or indoor/outdoor entertainment center.
(Ord. 2023-86. Passed 10-10-23.)
GROUP X: Permitted Uses in CO District.
The following uses supersede the permitted uses in the applicable underlying zoning district:
(1) Bridle paths
(2) Forestry
(3) Golf fairways, but not club houses or other accessory buildings
(4) Hiking trails
(5) Nurseries for trees and shrubbery
(6) Orchards
(7) Parks, playgrounds, forest preserves, wildlife sanctuaries and other publicly owned open space without buildings
(8) Picnic areas
(9) Permitted public uses, as defined in this Code
GROUP Y: Conditional Uses in CO District.
The following uses supersede the conditional uses in the applicable underlying zoning district:
(1) Boat houses
(2) Conditional public uses, as defined in this Code
(3) Dams, flowages, ponds and relocation of water courses
(4) Dredging
(5) Filling
(6) Golf course, country club, park, playground or forest preserve buildings
(7) Locks
(8) Man-made drainage facilities
(9) Piers
(10) Removal of top soil or peat
GROUP Z: Permitted Uses in AO District.
(1) Art galleries, including art sales.
(2) Art, music and dance studios.
(3) Artist live/work space.
(4) Teaching of visual and performing arts.
GROUP AA: Conditional Uses in AO District.
(1) Commercial recreation.
(2) Entertainment venues
(3) Historical Parks
(4) Hotel, motel, tourist homes
(5) Multi-family residential developments.
(6) Museums, art libraries and other similar cultural facilities.
(7) Performing art facilities and theaters.
(8) Restaurants/cafes, excluding drive-in establishments
(9) Retail uses associated with and directly related to an arts and culture use on the same lot or as part of the same development project.
(Ord. 11-62. Passed 10-11-11.)