Download CHAPTER 153: ZONING Section General

CHAPTER 153: ZONING
Section
General Provisions
153.001
153.002
153.003
153.004
153.005
153.006
153.007
153.008
153.009
153.010
153.011
153.012
153.013
153.014
153.015
153.016
153.017
153.018
153.019
153.020
Definitions
Interpretation; greater restrictions
Effect of chapter
Permitted and similar uses
Status of annexed lands
Lots
Gasoline filling stations, public garages and parking lots
Extraction of minerals
Parking areas, automobile and trailer sales
Trailers and trailer courts
Off-street parking
Permitted uses revoked
Junk and auto wrecking yards prohibited
Accessory buildings
Fallout shelters
Exception to yard requirements
Maximum dwelling units per acre
Minimum floor area for multiple family dwellings
Multiple-family dwellings with efficiency units prohibited
Green space requirement for multi-family dwelling units
Signs
153.030
153.031
153.032
153.033
153.034
153.035
153.036
153.037
153.038
153.039
153.040
153.041
153.042
153.043
153.044
Purposes
Compliance required
Definition and structural classification
Outdoor advertising
Measurement standards
Design standards
Illumination
Signs in residential districts
Signs in B-1 and B-2 Business and I Industrial Districts
Signs in Flood Plain District
Special exception for certain businesses
Maintenance of signs
Nonconforming signs
Application for permits
Removal of signs
153.045 Sign permit fees
Districts and Maps
153.060
153.061
153.062
153.063
Division of village into districts
District map reflects boundaries
Intention of boundary lines
Split lots
Specific District Regulations
153.075
153.076
153.077
153.078
153.079
153.080
R-1 Residence District
S-1 Neighborhood Service District
B-1 Neighborhood Business District
B-2 General Business District
I Industrial District
F Flood Plain District
Special and Nonconforming Uses
153.090 Special uses
153.091 Nonconforming uses
Administration and Enforcement
153.105
153.106
153.107
153.108
153.109
153.110
Planning Commission
Board of Zoning Appeals
Village Administrator; authority as to permits and certificates
Schedule of fees
Zoning change procedure
Appeals
153.999 Penalty
GENERAL PROVISIONS
§ 153.001 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or
requires a different meaning.
BUILDING. A structure having a roof supported by columns or walls for shelter, support or enclosure of
persons, animals or chattels.
DWELLING UNIT. A building or portion thereof providing complete housekeeping facilities for one
person or one family.
FAMILY. Any individual or two or more persons living together on the premises as a single nonprofit
housekeeping unit.
FRONT YARD. A yard extending across the full width of the lot, the depth of which is the minimum
horizontal distance between the right of way and the front wall of a building. For the purpose of establishing the
depth of the front yard, all streets are deemed to be 50 feet in width.
GARAGE. Any building used for the storage or keeping of motor vehicles, and for which storage a charge
is made.
GASOLINE SUPPLY STATION. Any building, premises, enclosure or space used for the dispensing, sale
or offering for sale to the public of gasoline or oil for motor vehicles, including the washing and greasing of
motor vehicles and minor repairs thereto, such as replacing headlight bulbs and spark plugs, and tire changing.
GREEN SPACE, PLAYGROUND, PARK. Area that is to be landscaped and dedicated to recreational use
for the benefit of the residents dwelling in the units.
JUNK YARD. Any land or area used for storage of paper, rags, metal or junk, or for the storage of motor
vehicles not in running condition, or for dismantling of motor vehicles or other vehicles or machinery.
LOT. A parcel of land occupied or vacant, or to be occupied, by a building. All lots shall front on a street
or public right-of-way.
LOT FRONT. That boundary of the lot which abuts on a street. In the case of a corner lot, the narrowest
boundary fronting on a street shall be considered to be the front of the lot. In case the corner lot has equal
frontage on two or more streets, the lot shall be considered to front on the principal street.
LOT WIDTH. The distance between the side lot lines measured at the building line.
MOBILE HOME. A residence which is used for residential purposes, commercial hauling or storage
purposes and which has attached facilities for public utilities from a public or private source.
MULTIPLE DWELLING. A building containing three or more apartments, the occupants of any two or
more of which use a common entrance and all living units of which are intended to be maintained under single
ownership.
ONE-FAMILY DWELLING. A detached building designed for, or occupied exclusively by one family.
REAR YARD. An open space on the same lot with a building, between the rear line of the building and the
rear line of the lot for the full width of the lot. The depth of the rear yard shall be the distance between the
nearest point of the rear wall of the building and the rear line of the lot.
RECREATIONAL EQUIPMENT. Duly licensed for recreational equipment, not as a permanent residence
and without facilities for public utilities being attached. Any marine equipment or boat trailers shall be
considered as recreational equipment.
SIDE YARD. A yard on each side of the building between the side wall of the building at the finished
grade line and the side line of the lot, extending from the street line of the lot to the rear yard.
STREET. A 50-foot right-of-way.
TRAILER. A residence, house car or camp car, not structurally anchored to a foundation, propelled by an
attached vehicle which is used or may be used for residential, commercial, hauling or storage purposes.
TRAILER PARK. Any premises used or intended to be used for parking two or more trailers.
TWO-FAMILY DWELLING. A building having
one or two front entrances and occupied by two families.
ZONING ORDINANCE. Ordinance 417, passed June 4, 1963, as amended, which is codified as this
Chapter 153.
('78 Code, § 1121.01) (Ord. 417, passed 6-4-63; Ord. 492, passed 11-10-69; Am. Ord. 882-94, passed 8-24-95)
§ 153.002 INTERPRETATION; GREATER RESTRICTIONS.
The provisions of this chapter shall be held to be minimum requirements. This chapter is not intended to
repeal, annul or interfere with any existing laws, regulations or restrictions. However, where the provisions of
this chapter are greater than the requirements of existing laws, regulations or restrictions, the provisions of this
chapter shall control.
('78 Code, § 1121.02) (Ord. 417, passed 6-4-63)
§ 153.003 EFFECT OF CHAPTER.
(A) New construction and new uses. After the date of the enactment of this chapter no lot, building or
structure shall be used, and no building or structure or part thereof shall be constructed, erected, raised, moved,
reconstructed, extended, enlarged or altered except in conformity with this chapter.
(B) Existing buildings or uses. Any lot, building or structure being used in a manner or for a purpose
which does not conform with this chapter such manner of use or purpose may be continued. Renewal or change
of title of possession, or right of possession, or lease of any such lot, building or structure shall not prevent the
continuation of the nonconforming use.
(C) Changes. A nonconforming use may be changed to a more restricted use or to a conforming use.
Whenever a nonconforming use has been changed to a more restricted use, such use shall not thereafter be
changed to a less restricted use, unless such use shall conform to the zoning for the area.
(D) Restoration. Buildings or structures which may be declared unsafe for human habitation by the proper
authorities may be strengthened or restored to a safe condition.
(E) Pending applications. Building permits for which applications have been filed in the office of the
Building Inspector prior to the date of the enactment of this chapter, shall be issued. No change in the plans,
construction, size or designated use of any building, structure or part thereof, shall be required. However, such
building permits shall be considered void if, within 30 days after the enactment of this chapter, construction has
not started. Such construction shall be diligently continued to completion and a certificate of occupancy has been
issued for the use for which the building or structure was originally designated.
('78 Code, § 1129.01) (Ord. 417, passed 6-4-63)
§ 153.004 PERMITTED AND SIMILAR USES.
No use other than those specifically listed in this chapter shall be permitted in the village excepting those
uses which, in the judgment of the Board of Zoning Appeals, are of the same character as those listed for a
district. Any use so permitted shall thereafter be regarded as a permitted use.
('78 Code, § 1129.02) (Ord. 417, passed 6-4-63)
§ 153.005 STATUS OF ANNEXED LANDS.
(A) Zoned territory. When a part of the unincorporated territory of Clermont County zoned under the
provisions of R.C. Chapters 303 or 519 is annexed to the village, the zoning classification for the territory as
established in the zoning plan under which the territory was zoned shall remain in force until Council shall either
adopt the existing zoning regulations or new regulations for such territory.
(B) Unzoned territory. Unzoned lands which may be annexed to the village after the enactment of this
chapter shall be classified R-1 Residence District until Council adopts zoning regulations to restrict and regulate
the annexed lands.
('78 Code, § 1129.03) (Ord. 417, passed 6-4-63)
§ 153.006 LOTS.
(A) Lots or parcels of land recorded before the effective date of this section shall be considered as
buildable lots. Lots and parcels of land located in a subdivision recorded in the office of the County Recorder
prior to the effective date of this section shall have rear and side yards as required in the recorded plat of the
subdivision. If such plat does not specify the area and/or other dimensions of the side and rear yards, or if the lot
or parcel of land has been subdivided by metes and bounds, the lot requirements shall be as follows:
(1) The sum of the side yard widths of any lot or parcel of land shall be 30% of the width. In no case
shall the width of the lot for any one side yard be less than ten feet.
(2) The depth of the rear yard shall be 20% of the depth of the lot, but in no case less than ten feet.
(B) All lots or parcels of land shall front by their full width on a public street, except that where a lot or
parcel of land created before the effective date of this section fronts by its full width on an alley, recorded
easement of access or private lane, the lot shall be deemed to front on a public road for the purposes of this
chapter.
(C) After a permit is issued on a tract of land of the size and area as required by this chapter, no lot shall be
resubdivided so as to render it smaller in area; nor shall any strip of such lot be sold to render the lot or parcel of
land smaller than required in this chapter.
(D) Lots in a subdivision plat which has received final approval by the Planning Commission prior to the
effective date of this section shall be considered as lots of record provided the subdivision plat is recorded within
20 days after such date.
('78 Code, § 1129.04) (Ord. 417, passed 6-4-63)
Penalty, see § 152.999
§ 153.007 GASOLINE FILLING STATIONS, PUBLIC GARAGES AND PARKING LOTS.
(A) Every lot or parcel of land used as a gasoline filling station shall be paved with asphaltic or concrete
surfacing, and shall be adequately drained.
(B) No gasoline filling station, commercial customer or employee parking lot for 25 or more motor
vehicles, parking garage or automobile repair shop shall have an entrance or exit for vehicles within 100 feet
along the same side of a street of any school, public playground, church, hospital, public library or institution for
dependents or for children, except where such property is in another block or on another street which the lot in
question does not abut.
(C) No gasoline filling station or public garage shall be permitted where any oil draining pit or visible
appliance for any such purpose other than filling caps is located within 12 feet of any residence district, except
where such appliance or pit is within a building.
(D) On all corner lots, all vehicular entrances to, or exits from, and curb openings, shall be set back a
minimum of 25 feet from the corner property lines extended, or from the established right-of-way lines as shown
on the Official Highway Plan for Clermont County. All curb openings, whether on a corner lot or not, shall not
exceed 40 feet in width at the curb line, and 30 feet at the property line. There shall be a minimum of 20 feet
measured along the property line between any series of driveways.
(E) Paved parking areas in excess of 500 square feet shall be provided with grating and drainage tile to
carry off surface water to prevent direct and excessive drainage over sidewalks and streets.
('78 Code, § 1129.05) (Ord. 417, passed 6-4-63)
Penalty, see § 152.999
§ 153.008 EXTRACTION OF MINERALS.
(A) No new excavations or quarries, or earth removal for the purpose of removing gravel or other natural
products, shall be carried on in any district unless the same is permitted by the Board of Zoning Appeals, subject
to such conditions and safeguards as it may determine for the protection of the health, safety and general welfare
of the people of the village.
(B) The opening of any new excavation or quarry; the removal of earth for the purpose of excavating
gravel, or other natural deposits; and the erection of any building or structure for the processing, treating or
refining of gravel or other natural deposits, within 300 feet of any district, is hereby declared to be detrimental to
the health, morals, safety and general welfare of the people of the village and shall not be permitted.
(C) Dumping of refuse or waste matter and the burning of such in existing excavations or quarries shall be
prohibited.
(D) The following are conditions under which the Board of Zoning Appeals may permit excavation of
minerals:
(1) All equipment used for the production of rock and gravel shall be constructed, maintained and
operated in such manner as to eliminate noise, dust or vibration.
(2) No production from an open pit shall be permitted which creates a slope steeper than one foot
horizontal to one foot vertical.
(3) Property to be used for production shall be enclosed along the exterior boundaries by a fence of
the type prescribed by the Board.
(4) Whenever production on any property shall have been completed, all plants, buildings, structures
except fences, and equipment shall be entirely removed from such property, and all stockpiles shall be removed
or back-filled into the pit within one year after such completion.
(5) No plant shall be operated except between the hours of 6:00 a.m. and 8:00 p.m., except whenever
any reasonable or necessary repairs to equipment are required to be made.
(6) No production shall be started nor shall any permit be issued until the Board shall make a written
determination with respect to the conditions under which such operation shall be conducted. An application
shall be filed with the Board who shall investigate the area to be developed, as well as the surrounding area, in
order to determine the conditions to be prescribed so as to protect the surrounding property.
(7) Removal of minerals shall not be conducted closer than 300 feet to any road, street or land.
('78 Code, § 1129.06) (Ord. 417, passed 6-4-63)
Penalty, see § 152.999
§ 153.009 PARKING AREAS, AUTOMOBILE AND TRAILER SALES.
Every lot or parcel of land used as a public parking area or automobile or trailer sales area shall be paved
with minimum four inch thickness stone or asphaltic or concrete surfacing and shall have appropriate bumper
guards on sidewalk or street sides. Where such area adjoins a residence district, a four-foot masonry wall or
other suitable landscape type screening as approved by the Planning Commission shall be erected along the
district boundary. Any lights used to illuminate such parking areas shall be so arranged as to reflect the light
away from adjoining premises.
('78 Code, § 1129.07) (Ord. 417, passed 6-4-63; Ord. 833-92, passed 1-13-92) Penalty, see § 152.999
§ 153.010 TRAILERS AND TRAILER COURTS.
(A) A trailer or mobile home shall not be parked on any lot or parcel of land in any district. A trailer may
be stored or parked in an enclosed garage or building. However, no living quarters shall be maintained nor any
business conducted while such trailer is parked or stored.
(B) Under special extenuating conditions, the Board of Zoning Appeals may permit the temporary parking
of a trailer on a lot or parcel of land. The Board may, after careful study of the circumstances involved,
authorize the issuance of a permit for such trailer and may impose such conditions as it deems necessary to
protect the public welfare.
(C) Trailer parks shall not be permitted in any district.
(D) Removal of the wheels of an existing trailer, except for repair, or the permanent blocking up of a
trailer, or the enclosure of the space beneath the trailer, shall be construed to automatically convert the trailer
into a permanent place of abode. Such trailer shall then be subject to the requirements of all ordinances and laws
applicable to dwellings. Should a trailer which was located on a lot or parcel of land, at the time of the passage
of this chapter, be moved to another location, no other such trailer shall be permitted on the premises.
(E) Recreational equipment may not be parked, stored or retained on any street, but shall be parked on a
lot or parcel of land to the rear of the building line and not closer than six feet to any property line.
('78 Code, § 1129.08) (Ord. 417, passed 6-4-63; Ord. 492, passed 11-10-69) Penalty, see § 152.999
§ 153.011 OFF-STREET PARKING.
(A) In order to avoid traffic congestion and to provide for safe circulation of motor vehicles, and for
protection and convenience of the general public, the following parking facilities shall be provided:
Apartments
Automobile sales and
service garages
Banks and professional offices
Bowling alleys
Dwellings other than
apartments
Churches, schools
Dance halls or assembly halls
Funeral homes
Furniture and appliance stores
over 1,000 square feet
floor area
Hospitals
Hotels, motels and
lodging houses
Factories
Restaurants or night clubs
over 1,000 square feet
floor area
Retail stores and supermarkets
over 2,000 square feet
floor area
Auditoriums
Theaters and assembly halls
Wholesale establishments and
warehouses
2 parking spaces per unit
50% of floor area
50% of floor area
5 spaces per alley
1 parking space per unit
1 space for each 8 seats
in a principal auditorium,
or 1 space for each 17
classroom seats,
whichever is greater
200% of floor area
4 spaces per parlor
100% of floor area
1 space for each 4 beds
1 space per unit
1 space for each 4 employees
200% of floor area
200% of floor area
1 space for each 6 seats
1 space for each 6 seats
1 space for each 2 employees
(B) A parking space shall be considered to be 200 square feet of area, exclusive of interior driveways or
driveways for ingress or egress which may connect the parking space with a public street or alley.
(C) No open space established as off-street parking in conjunction with a building shall be encroached
upon by any other building, nor shall the parking space be reduced in any way. Parking facilities shall be located
on the site or conveniently near to the main building to which such parking facilities are appurtenant. At any
time that such parking facilities fail to continue available as a general parking area, the permit for the buildings
shall be cancelled.
(D) Plans for off-street parking facilities shall be approved by the Planning Commission before any permit
is issued for the construction of any building.
('78 Code, § 1129.09) (Ord. 417, passed 6-4-63; Ord. 576-76, passed 6-14-76) Penalty, see § 152.999
§ 153.012 PERMITTED USES REVOKED.
Any use permitted in any district may be revoked and shall be discontinued where, because of dust, odor,
smoke, gas, noise, fumes, flame, vibration, unsanitary conditions, structural defects the use becomes a health
hazard or a threat to the safety and general welfare of the neighborhood.
('78 Code, § 1129.10) (Ord. 417, passed 6-4-63)
§ 153.013 JUNK AND AUTO WRECKING YARDS PROHIBITED.
Junk yards and automobile wrecking yards are prohibited in any district.
('78 Code, § 1129.11) (Ord. 417, passed 6-4-63)
Penalty, see § 152.999
§ 153.014 ACCESSORY BUILDINGS.
A detached garage, fallout shelter, tool house, storage shed or similar buildings which are subordinate to a
main building and their use is incidental to that of the main building. All accessory buildings shall be one story
or 15 feet in height. Accessory buildings shall not exceed more than 25% of the rear yard area. No accessory
building shall be constructed closer than ten feet to any lot line. No building or structure, such as a child's play
house, which is not anchored to the ground by a foundation shall be considered to be an accessory building. ('78
Code, § 1129.12) (Ord. 417, passed 6-4-63)
§ 153.015 FALLOUT SHELTERS.
(A) Fallout shelters will be permitted as a principal or accessory use in any district. Such shelters may
contain, or be contained, in other structures, or may be constructed separately, and may be used for any principal
use or accessory use permitted in the district. The yard requirements of the district shall be observed.
(B) The Board of Zoning Appeals may permit construction of joint shelters by property owners. In that
case, the Board may waive the side and rear yard requirements on the properties directly involved in the
construction of the joint shelter to the extent necessary to permit practical and efficient location and construction.
Where property involved in the joint proposal abuts property not included in the proposal, the side and rear yard
requirements shall be met.
(C) The Board may permit a fallout shelter to be used also for other purposes permissible in the district in
which the shelter is located, provided that:
(1) The general requirements of this chapter concerning the granting of special exceptions are
satisfied;
(2) The use other than as a shelter is compatible with the shelter proposed; and
(3) The function as a shelter would not be materially impaired by the proposed use.
('78 Code, § 1129.13) (Ord. 417, passed 6-4-63)
§ 153.016 EXCEPTION TO YARD REQUIREMENTS.
(A) General. Cornices, eaves, sills and canopies, chimneys, fire escapes, unenclosed porches, terraces, bay
windows, balconies and platforms may project five feet into any yard, provided that any such projection shall not
extend beyond eight feet from any lot line.
(B) Front yard. Where the frontage upon the same side of the street within the same block is occupied
40% or more by buildings with front yards, some or all of which are of less depth than required in this chapter,
the average setback shall be taken in lieu of the setback established for the district.
(C) Side yard. Carports may be constructed to within five feet of the side lot line. Cornices, eaves, sills,
canopies, chimneys, fire escapes, unenclosed porches, terraces, bay windows, balconies and platforms may
project five feet into any yard, provided any such projection shall be not less than eight feet from any lot line.
(D) Sloping lot. Where the elevation of the ground at a point 50 feet from the front lot line of a lot and
midway between the side lot lines differs ten feet or more from the curb level, the front yard need not exceed
50% of that required in the district.
('78 Code, § 1129.14) (Ord. 417, passed 6-4-63)
§ 153.017 MAXIMUM DWELLING UNITS PER ACRE.
There shall be no more than eight dwelling units per acre.
(Ord. 882-94, passed 4-24-95) Penalty, see § 153.999
§ 153.018 MINIMUM FLOOR AREA FOR MULTIPLE-FAMILY DWELLINGS.
Each unit of a multiple-family dwelling unit shall have a minimum of 700 square feet of net living floor
area as follows:
(A) A one bedroom dwelling unit shall have a minimum of 700 square feet of net living floor area.
(B) A two bedroom dwelling unit shall have a minimum of 850 square feet of net living floor area.
(C) A three bedroom dwelling unit shall have a minimum of 1050 square feet of net living floor area.
(Ord. 882-94, passed 4-24-95) Penalty, see § 153.999
§ 153.019 MULTIPLE-FAMILY DWELLINGS WITH EFFICIENCY UNITS PROHIBITED.
Multi-family dwellings with efficiency units are not to be permitted.
(Ord. 882-94, passed 4-24-95) Penalty, see § 153.999
§ 153.020 GREEN SPACE REQUIREMENTS FOR MULTI-FAMILY DWELLING UNITS.
Ten square feet of playground, park, or green space is required for each bedroom in a multi-family dwelling
unit.
(Ord. 882-94, passed 4-24-95) Penalty, see § 153.999
SIGNS
§ 153.030 PURPOSES.
Sign regulations, including provisions to control the type, design, size, location, motion, illumination and
maintenance thereof, are established in order to achieve, among others, the following purposes:
(A) To maintain high value residential districts and promote attractive public facilities, by permitting only
nameplate, bulletin boards and signs related to the development rental or sale of properties in such districts.
(B) To provide reasonable, yet appropriate, conditions for advertising goods sold or services rendered in
business and industrial districts by relating the size, type and design of signs to the type and size of
establishments.
(C) To eliminate any conflict between advertising signs and traffic-control signs which would be
hazardous to the safety of the motoring public or the pedestrian.
(D) To promote the most desirable developments and economic activity in accordance with the general
plan of land use in the village.
('78 Code, § 1131.01) (Ord. 678-82, passed 2-8-82)
Statutory reference:
Power to regulate, see R.C. §§ 715.27(A),
715.65
§ 153.031 COMPLIANCE REQUIRED.
(A) Signs shall be designed, erected, altered, reconstructed, moved and maintained, in whole or in part, in
accordance with the type, design, size, location and other provisions set forth in this chapter.
(B) The display of official public notices, public seasonal decorations and the flag, emblem or insignia of
an official government body shall not be governed by the provisions of these regulations.
(C) Signs announcing local fairs, carnivals, festivals and socials or similar activities may be authorized by
the Mayor or the Zoning Inspector, provided they are removed within 24 hours after the expiration of such event,
and are not otherwise governed by the provisions of this chapter.
('78 Code, § 1131.02) (Ord. 678-82, passed 2-8-82)
§ 153.032 DEFINITION AND STRUCTURAL CLASSIFICATION.
(A) A SIGN means any display, figure, painting, drawing, placard, poster or other device visible from a
public way which is designed, intended or used to convey a message, advertise, inform or direct attention to a
person, institution, organization, activity, place, object or product. It may be a structure or part thereof painted on
or attached directly or indirectly on a structure.
(B) The structural types of signs identified in this chapter are as follows:
(1) WALL or PANEL SIGN. A sign integral with the exterior face of an exterior wall of a building,
or attached to the wall or parallel with the wall and projecting not more than 18 inches therefrom.
(2) PROJECTING SIGN. A sign, other than a wall sign, erected on the outside wall of a building
and which projects out at an angle therefrom.
(3) CANOPY SIGN. A sign attached to the soffit or fascia of a canopy, of a covered entrance or
walkway, or to a permanent awning or marquee.
(4) POLE SIGN. A sign which is supported wholly by a pole or poles and designed so as to permit
pedestrian or vehicular traffic thereunder.
(5) GROUND SIGN. A freestanding sign which may be supported by posts or braces in or upon the
ground or a sign affixed to a freestanding structure of any type.
(6) WINDOW SIGN. A sign painted on, attached to or displayed immediately behind a window or
door.
(7) TEMPORARY SIGN. A sign that is portable in nature, easily moved, and advertising the product
being sold or manufactured on the premises.
('78 Code, § 1131.03) (Ord. 678-82, passed 2-8-82)
§ 153.033 OUTDOOR ADVERTISING.
Outdoor advertising consisting of logo signs, billboards or posters shall be prohibited. Signs which
advertise products and give secondary mention to a business enterprise, for example Coca Cola type signs, are
prohibited. Advertisement of any business or product other than the business name conducted within or upon
the structure is prohibited.
('78 Code, § 1131.04) (Ord. 678-82, passed 2-8-82)
Penalty, see § 153.999
§ 153.034 MEASUREMENT STANDARDS.
(A) Signs are regulated in this chapter by relating the gross area of signs to the building or use of a lot, or
to the size of the building unit to which the sign is accessory.
(B) The “gross area of signs” for a building or use shall include all the surfaces visible from a public way
and shall be measured as the area enclosed by one rectangle, the sides of which make contact with the extreme
points or edges of the sign, excluding the supporting structure if such structure does not form a part of the
advertisement of the sign proper.
(C) The area of a sign composed of characters or words attached directly to a large, uniform building wall
surface shall be the smallest rectangle which encloses the entire group.
(D) Whenever the gross area of the signs are related to the size of the building or lot the following shall
apply. The “frontage of a building” shall be the width of the facade of the building, store, service or office unit
which faces the principal street. The “frontage of a lot” not occupied by a shall be the number of lineal feet the
lot abuts on the principal street.
(E) For a corner building and lot, 50% of the building or lot depth facing the side street shall be included in
the frontage width factor.
('78 Code, § 1131.05) (Ord. 678-82, passed 2-8-82)
§ 153.035 DESIGN STANDARDS.
Signs permitted herein shall be designed, constructed and installed in accordance with the standards set
forth below, and also shall comply with all applicable building code provisions.
(A) Wall or panel signs shall not project more than 18 inches from the building wall to which it is attached
and shall be set back from the end of the building and party wall lines for a distance of at least three feet, and
shall not project above the coping or eaves of the building on which it is placed.
(B) Projecting signs may be attached to the wall of the building and project at an angle of approximately
90 degrees for a distance of not more than seven feet from a party wall or property line and the lowest member
of a projecting sign shall be at least ten feet above a public sidewalk and 15 feet above a driveway. All
projecting signs shall be rigidly fastened to allow no movement. No projecting sign shall encroach on that
portion of the public right-of-way used for vehicular traffic.
(C) Canopies constructed primarily for the purpose of displaying a sign shall be constructed so that the
lowest member of the canopy is not less than eight feet above the sidewalk, and no portion of the canopy can be
closer than five feet from the party wall or side property line. In addition the canopy shall comply with all
applicable building code provisions.
(D) Pole signs shall not exceed 30 feet in height, shall not be located closer than 30 feet to an adjoining lot,
and shall not exceed 200 square feet of gross area. The lowest member shall not be lower than 15 feet, and the
base supports shall not be closer than ten feet to the curb line of the street.
(E) Ground signs shall not exceed six feet in height.
(F) Signs of every type shall be erected so that they do not interfere with pedestrian or vehicular traffic.
No sign shall overhang the curb line of any street. All signs shall be positioned so that a clear line of sight exists
along all public ways and so that traffic-control lights, street name signs at intersections and other traffic control
devices are visible. The content, coloring or manner of illumination shall not resemble highway or traffic
control signs.
(G) No signs shall be comprised of flashing or moving illumination. All signs shall be completely
stationary with no moving parts. Streamers, spinners and other such devices for attracting attention to a business
or industry are prohibited.
('78 Code, § 1131.06) (Ord. 678-82, passed 2-8-82)
Penalty, see § 153.999
§ 153.036 ILLUMINATION.
(A) In residential districts only bulletin boards may be illuminated, and in business and industrial districts
all signs may be illuminated.
(B) Any permitted illuminated sign shall be internally illuminated or by reflected incandescent light of
constant intensity, and no sign shall be illuminated by external neon light or contain flashing, intermittent,
rotating or moving light or lights.
(C) Light sources to illuminate signs shall not be of such brightness, or directed in such a manner, to cause
glare hazardous to pedestrian or automobile drivers or so a as to cause reasonable objection from adjacent
residential districts.
('78 Code, § 1131.07) (Ord. 678-82, passed 2-8-82)
Penalty, see § 153.999
§ 153.037 SIGNS IN RESIDENTIAL DISTRICTS.
The types of signs permitted as to use, structure, size and number of each dwelling, unit or lot shall be
regulated as follows:
(A) One nameplate not to exceed two square feet in area indicating an occupant's name, house number and
permitted occupation, or the name of the apartment, club, lodge or organization located therein.
(B) One temporary real estate sign advertising the sale, rental or lease of the premises or part of the
premises on which the signs are displayed, not to exceed ten square feet or four feet in height.
(C) One temporary sign placed upon the building or premises under construction to designate the
contractor, architect, owner and/or proposed use, not to exceed 50 square feet.
(D) One bulletin board or announcement sign may be located on the premises of a public, charitable or
religious institution not to exceed 20 square feet.
(E) Directional, warning and informational signs not to exceed two square feet.
(F) Structural types permitted shall be limited to wall, panel and ground signs.
('78 Code, § 1131.08) (Ord. 678-82, passed 2-8-82)
Penalty, see § 153.999
§ 153.038 SIGNS IN B-1 AND B-2 BUSINESS AND I INDUSTRIAL DISTRICTS.
The types of signs permitted as to use, structure, size and number for each building, unit or lot shall be
regulated as follows:
(A) The maximum gross area of all permanent signs permitted for each separate use occupying a building,
unit of a building or lot not occupied by a building shall be related to the width of the building, unit thereof or lot
not occupied by a building, within limitations set for specific types of signs. The maximum gross area of signs
shall not exceed two square feet multiplied by the frontage of the building, unit thereof or lot not occupied by a
building.
(B) Signs shall direct attention to the business or industry of the establishment, goods sold, goods
manufactured or services rendered on the premises.
(C) Professional nameplates and identification signs.
(D) One temporary real estate sign advertising the sale, rental or lease of the premises or part of the
premises on which the signs are displayed, not to exceed ten square feet.
(E) One temporary sign placed upon the building or premises under construction to designate the
contractor, architect, owner and/or proposed use, not to exceed 50 square feet.
(F) One bulletin board or announcement sign may be located on the premises of a public, charitable or
religious institution, not to exceed 20 square feet.
(G) Structural types permitted in business and industrial districts shall be limited to wall or panel,
projecting, canopy, pole, ground and window signs.
(H) A single wall sign shall not exceed 200 square feet.
(I) Projecting signs shall be limited to not more than one for each establishment or store unit and shall not
exceed 24 square feet in total area for each face visible from any location on a public way.
(J) Pole signs are limited to not more than one for each independent store unit and group of stores
developed as a unit.
(K) Directional, warning and informational signs not exceeding two square feet for each such sign.
(L) Political signs as regulated in § 153.037(E).
(M) No temporary sign shall be permitted to encroach upon the public right of way, or placed within 40
feet of an R-1 District. A permit may be used for one year at a time, renewable yearly and, may during such
period of time may be used, taken down or reinstalled at the discretion of the business person.
('78 Code, § 1131.09) (Ord. 678-82, passed 2-8-82)
Penalty, see § 153.999
§ 153.039 SIGNS IN FLOOD PLAIN DISTRICT.
The following signs shall be permitted in the F Flood Plain District.
(A) Signs as are permitted in the residential districts.
(B) Warning signs such as no hunting, no trespassing, no dumping, keep off grass or signs of similar
nature.
(C) Sign announcing wildlife preserve.
(D) Fire prevention signs.
('78 Code, § 1131.10) (Ord. 678-82, passed 2-8-82)
§ 153.040 SPECIAL EXCEPTION FOR CERTAIN BUSINESSES.
Due to the special requirements of certain business enterprises for the utilization of large land areas in
addition to the buildings occupied, the following named enterprises are granted the privilege to display two times
the gross sign area otherwise provided in this chapter, provided that design standards and limitations are adhered
to:
(A) Gasoline stations.
(B) Automobile dealerships.
(C) Lumber and supply companies.
('78 Code, § 1131.11) (Ord. 678-82, passed 2-8-82)
Penalty, see § 153.999
§ 153.041 MAINTENANCE OF SIGNS.
All signs and sign structures shall be maintained in a safe and attractive condition. Signs which no longer
serve the purpose for which they were intended, or which have been abandoned or are not maintained in
accordance with this chapter shall be removed by the latest permit holder or the village at the expense of such
permit holder.
('78 Code, § 1131.12) (Ord. 678-82, passed 2-8-82)
Penalty, see § 153.999
§ 153.042 NONCONFORMING SIGNS.
(A) A sign conforming as to the regulations prevailing on the effective date of this section but which does
not conform with the regulations of this or any subsequent amendment shall be construed as a legal
nonconforming sign.
(B) Nonconforming signs may be maintained and structural parts repaired or restored to a safe condition if
required and if a permit is issued. Altering or changing the advertising message by repainting or replacing
portions of the sign shall result in the nonconforming status being lost. Any sign or part thereof which has been
taken down shall not be rebuilt, reerected or relocated unless it is made to comply with the provisions of this
chapter or the building code. Signs may be repaired or replaced if blown down or otherwise damaged or
destroyed.
('78 Code, § 1131.13) (Ord. 678-82, passed 2-8-82)
Penalty, see § 153.999
§ 153.043 APPLICATION FOR PERMITS.
(A) Application for a permit to erect, place, paint, illuminate or alter a sign shall be made by the owner or
lessee of the property for which a sign is proposed. The application shall be submitted to the Zoning Inspector
on forms furnished by the village. The fee for a sign permit shall be established by separate ordinance.
(B) A permit shall be required for all signs located in business and industrial districts, with the exception
of window signs.
(C) No permit shall be required for signs located in residential and flood plain districts.
(D) Each application shall be accompanied by drawings to scale showing the following:
(1) The proposed sign design and layout, including the total area, size, height, character and
construction materials.
(2) The exact sign location in relation to the building and property, rights-of-way, sidewalks, curbs
and roadways.
(3) Details and specifications for construction, erection and attachment.
(4) For illuminated signs, the number and types of lamps and lens material, and a statement in writing
that the illumination of such sign shall meet the provisions of this chapter.
('78 Code, § 1131.14) (Ord. 678-82, passed 2-8-82)
Penalty, see § 153.999
§ 153.044 REMOVAL OF SIGNS.
Whenever the removal or maintenance of any sign has been ordered in writing by the Zoning Inspector, the
person, firm or corporation who erected such a sign or on whose premises such sign or display structure has been
erected, affixed or attached shall remove or maintain such sign within 48 hours after receiving such notice. In
the event of noncompliance, the Zoning Inspector may remove or cause to be removed or maintain such sign at
the expense of the person, firm or corporation who erected such sign or on whose premises it was erected,
affixed or attached. Such person, firm or corporation shall be jointly and severally liable for the expense
incurred in the removal or maintenance of such a sign. This provision shall be in addition to criminal
prosecution provided for herein.
('78 Code, § 1131.15) (Ord. 678-82, passed 2-8-82)
Penalty, see § 153.999
§ 153.045 SIGN PERMIT FEES.
The fee for a sign permit shall be as provided for in § 153.108 of the codified ordinances or as otherwise
established by Council.
('78 Code, § 1131.16) (Ord. 678-82, passed 2-8-82)
DISTRICTS AND MAPS
§ 153.060 DIVISION OF VILLAGE INTO DISTRICTS.
The village is hereby divided into the following districts or zones:
R-1 Residence District.
B-1 Neighborhood Business District.
B-2 General Business District.
S-1 Neighborhood Service District
I
Industrial District.
F Flood Plain District.
('78 Code, § 1133.01) (Ord. 417, passed 6-4-63)
Statutory reference:
Basis of districts, see R.C. § 713.10
§ 153.061 DISTRICT MAP REFLECTS BOUNDARIES.
The boundaries of the districts or zones are as shown on the District Map of Batavia. The map is made a
part of this chapter.
('78 Code, § 1133.02) (Ord. 417, passed 6-4-63)
§ 153.062 INTENTION OF BOUNDARY LINES.
(A) District or zone boundaries are intended to follow lot lines, the centerline of streets or alleys, the
projections of the centerlines of streets or alleys, corporation lines, shore lines, railroad rights-of-way; all as were
in existence at the time of the enactment of this chapter.
(B) Whenever there may be doubt as to the location of a district boundary, the matter shall be resolved by
the Board of Zoning Appeals.
('78 Code, § 1133.03) (Ord. 417, passed 6-4-63)
§ 153.063 SPLIT LOTS.
When a district line divides a lot held in single ownership and recorded before the enactment of this zoning
ordinance, the regulations applicable in the district in which the larger portion of the lot is located shall apply to
the smaller portion of the lot.
('78 Code, § 1133.04) (Ord. 417, passed 6-4-63)
SPECIFIC DISTRICT REGULATIONS
§ 153.075 R-1 RESIDENCE DISTRICT.
(A)
Permitted uses. Only the following uses and those special uses named in this chapter which
may be permitted by the Planning Commission shall be permitted in the R-1 Residence District:
(1)
Single-family dwellings.
(2)
Churches, schools, colleges and libraries.
(3)
Noncommercial recreation areas; including neighborhood park or playground,
swimming pool, forest or wildlife preserve.
(4)
exceed one year.
Temporary buildings or trailers required for construction purposes for a period not to
(5)
Residential business; whereby a resident of the structure may conduct a business by
means of telephone and/or mail. No outward or visible indication of a business may appear.
(a)
Purpose. It is the purpose of this section of this chapter to promote the public
health, safety and welfare through the regulation of home occupations. It is further the intent of this section to
allow limited nonresidential uses in residential structures which are compatible with the residential character of
their surroundings.
(b)
Definition. HOME
OCCUPATION means an accessory use which is an activity, profession, occupation, service, craft or revenue
enhancing hobby which is clearly incidental and subordinate to the use of the premises as a dwelling and is
conducted entirely within the dwelling unit without any significant adverse effect upon the surrounding
neighborhood. Activities such as teaching, tutoring, tax consulting and the like shall involve not more than one
receiver of such service at any one time, with the exception of certified or uncertified Type B Family Day-Care
Home which constitutes a residential use and not an accessory use.
(c)
Home occupation as a permitted use. A home occupation shall be a permitted
use if it complies with the following requirements:
1.
The external appearance of the structure in which the use is conducted
shall not be altered.
2.
No internal or external alterations, construction or reconstruction of the
premises to accommodate the use shall be permitted.
3.
There shall be no outside storage of any kind related to the use and only
commodities produced on the premises may be sold on the premises; no display of products may be visible from
the street.
4.
Not more than 25% of the gross floor area of the dwelling shall be devoted to the use.
5. No equipment, process, materials or chemicals shall be used which create offensive
noise, vibration, smoke, dust, odor, heat, glare, x-rays, radiation or electrical disturbances.
6.
No additional parking demand shall be created.
7. No person who is not a resident of the premises may participate in the home occupation
as an employee or volunteer.
(6) Two-family and multi-family dwellings; when approved by the Planning Commission. When a
request for this type of structure is received, the Planning Commission shall review the request to insure
compliance with all applicable zoning requirements and determine the impact the proposal may have on the
character of the neighborhood. The Planning Commission may approve or disapprove the project based on this
determination.
('78 Code, § 1135.01)
(B) Lot width and area.
(1) The width of any lot or parcel of land for single-family residence use shall be not less than 66 feet
measured at the building line. The area of any lot or parcel of land shall be not less than 8,500 square feet.
(2) The width of a lot for two-family residence use shall be not less than 66 feet measured at the
building line. The area of such lot shall be not less than 10,000 square feet.
(3) The width of a lot for multiple-family residence use shall be not less than 100 feet measured at the
building line. The area of such lot shall be not less than 15,000 square feet.
('78 Code, § 1135.02)
(C) Yards.
(1) Front. There shall be a front yard 30 feet in depth measured from the right-of-way line to the
front wall of the building. The front yard shall be the open space extending across the full width of the lot and
lying between the right-of-way line and the front wall of the building. The right-of-way of a street or road shall
be deemed to be 50 feet.
(2) Side. There shall be two side yards each with a minimum of ten feet in width. The side yard shall
be the unoccupied space between the side lot line and the nearest line of the building. The width of the side yard
shall be the minimum distance between the building and the side lot line, measured at right angles to the side lot
line.
(3) Rear. There shall be a rear yard 40 feet in depth. The rear yard shall be that yard extending
across the full width of the lot and lying between the rear lot line and the nearest line of the building. The depth
of the rear yard shall be the minimum distance between the building and the rear lot line measured at right angles
to the rear lot line.
('78 Code, § 1135.03)
(Ord. 840-92, passed 5-11-92) Penalty, see § 153.999
§ 153.076 S-1 NEIGHBORHOOD SERVICE DISTRICT.
(A) Purpose. The purpose of this section is to create a transitional zone between the neighborhood
business district and the residential district of the community; to protect and preserve property, to promote
stability of property values, and to protect real estate from impairment or destruction of value for the general
community welfare. ('78 Code, § 1136.01)
(B) Permitted uses. Only the following uses and those special uses named in this chapter which may be
permitted by the Planning Commission shall be permitted in the S-1 Neighborhood Service District.
(1) All permitted uses as regulated in the R-1 Residential District.
(2) Colleges and libraries.
(3) Buildings owned by the village, township, county, state or federal government.
(4) Professional or service oriented offices.
(5) Religious and charitable institutions, not including penal or correctional institutions.
(6) No signs will be internally or externally illuminated; no sign shall exceed 12 square feet of
display per side, no sign shall display more than two sides, yard signs will not exceed a height of four feet and
shall be anchored with posts set in concrete below ground level, no temporary signs, banners, streamers or other
signs of a temporary nature are permitted. All other requirements as defined in §§ 153.030 through 153.045.
(7) Use of new or existing structures within this district shall provide parking on site. No parking
shall be permitted to the front of the building line as defined as front yard. The established parking area must be
landscaped or otherwise hidden from view.
('78 Code, § 1136.02)
(C) Lot width and area.
(1) The width of any lot or parcel of land for other than residential uses within the S-1 District shall
be not less than 66 feet measured at the building line. The area of any lot or parcel of land shall be not less than
10,000 square feet for any new structures or existing lot and structure as long as it conforms to parking
requirements in this district.
(2) All residential uses permitted in the S-1 District shall comply with the lot width and area
requirements as defined in § 153.075(B).
(D) Yards.
(1) Front. There shall be a front yard 20 feet in depth measured from the right-of-way line to the
front of the building. The front yard shall be the open space extending across the full width of the lot and lying
between the right-of-way line and the front wall of the structure. Unless otherwise provided, the right-of-way of
any street or road shall be deemed to be 50 feet (25 feet each side of center).
(2) Side. There shall be two side yards each with a minimum of ten feet in width. The side yard shall
be unoccupied space between the side lot line and the nearest line of the building. The width of the side yard
shall be the minimum distance between the building and the side lot line, measured at right angles to the side lot
line. Driveways are not considered as an infringement to the requirement of unoccupied space within the S-1
District.
(3) Rear. There shall be a rear yard of 40 feet in depth. The rear yard shall be that space extending the
full width of the lot and lying between the rear lot line and the nearest line of the building. The depth of the rear
yard shall be the minimum distance between the building and the rear lot line measured at right angles to the rear
lot line.
('78 Code, § 1136.04)
(Ord. 840-92, passed 5-11-92) Penalty, see § 153.999
§ 153.077 B-1 NEIGHBORHOOD BUSINESS DISTRICT.
(A) Enclosure of uses. All uses permitted, except gas stations, parking lots, parks, playgrounds, forest, or
wildlife preserve, shall be conducted wholly within an enclosed building. ('78 Code, § 1137.01)
(B) Permitted uses. Only the following uses, and the special uses named in this chapter which may be
permitted by the Planning Commission, shall be permitted in the B-1 Neighborhood Business District:
(1) Single-family dwelling, two-family dwelling and multi-family dwelling, as regulated in the R-1
Residence District.
(2) All permitted uses as regulated in the S-1 Neighborhood Service District.
(3) Hotel, motel, rooming house or living quarters in a business establishment.
(4) Restaurant, cafe, soda fountain, lunchroom or bowling alley.
(5) Retail store, beauty parlor, barber shop, mercantile establishment, bank, office or office building.
(6) Theater not including an outdoor theater.
(7) Museums and community centers.
(8) Gasoline service stations.
(9) Grocery, strip mall, vegetable market, meat market, drug store, food locker, laundry, business or
professional office.
(10) Hospitals and sanitariums, provided any building or structure is located not less than 200 feet
from any residence, lot line, residence district, church or school. The site of any hospital or sanitarium shall be
not less than ten acres in area.
(11) Mausoleum, cemetery or crematory, provided any building or structure are located no less than
200 feet from any residence, lot line, residence district, church or school.
(12) Golf course, driving tee/or range, miniature golf, tennis court or other recreation operated for
commercial purposes.
(13) Auto parking lot, bakery, delicatessen, florist or gift shop, custom dressmaking, fraternal clubs or
lodges, jewelry store, shoe store, shoe repair shop, tailor, clothing or wearing apparel shop and dry cleaning
pickup.
(14) Sale of farm implements.
(15) Clinic.
(16) Self-service laundry.
(17) Funeral home.
(18) Job printing and newspaper printing plants.
(19) Cabinet retail and custom wood working shop.
('78 Code, § 1137.02)
(C) Lot width and area. No minimum lot width or area shall be required except where a dwelling is
constructed, in which case, the provisions of § 153.075 shall apply. ('78 Code, § 1137.03)
(D) Yards.
(1) Front. There shall be a front yard 50 feet in depth.
(2) Side. No side yard shall be required, but where a lot adjoins a residence district, no commercial
building shall be located closer than 25 feet to the boundary of such district.
(3) Rear. There shall be a rear yard 40 feet in depth.
('78 Code, § 1137.04)
(Ord. 840-92, passed 5-11-92) Penalty, see § 153.999
§ 153.078 B-2 GENERAL BUSINESS DISTRICT.
(A) Permitted uses. Only the following uses and the special uses named in this chapter which may be
permitted by the Planning Commission shall be permitted in the B-2 General Business District:
(1) All uses permitted in a B-1 Neighborhood Business District, R-1 Residence District and S-1
Neighborhood Service District.
(2) Theater and outdoor theater.
(3) Veterinary hospital, skating rink, building supply, ice storage and sales, plumbing and heating
supply, grain and feed supply.
(4) Dairy, locker plant, coal and fuel supply.
(5) Trailer and automobile sales, garage for storage and repair, body shop, machine shop and parking
garage.
(6) Auto laundry, truck sales and service.
(7) Pool hall and dance hall.
(8) Bird store.
(9) Catering establishment.
(10) Ticket offices for railroad, bus and aviation lines; and bus, railroad terminals.
(11) Drive-in business where persons are served in motor vehicles.
(12) Sign painting shop.
(13) Public utility stations or substations or terminals.
(14) Radio and television broadcasting stations.
(15) Commercial baseball fields, swimming pools and golf driving ranges.
(16) Sheet metal and sign painting shop, commercial greenhouse and warehouse.
(17) Storage yard and bottling works.
(18) Miniature golf course.
(19) Outdoor advertising as regulated in this chapter.
('78 Code, § 1139.01)
(B) Yards.
(1) Front. There shall be a front yard 50 feet in depth.
(2) Side. No side yard shall be required, but where a lot adjoins a residence district, no commercial
building shall be located closer than 35 feet to the boundary of such district.
(3) Rear. There shall be a rear yard 40 feet in depth.
('78 Code, § 1139.02)
(Ord. 417, passed 3-4-63; Ord. 840-92, passed 5-11-92) Penalty, see § 153.999
§ 153.079 I INDUSTRIAL DISTRICT.
(A) Permitted uses. Uses permitted in the I Industrial District will be those which in the opinion of the
Board of Zoning Appeals do not constitute a nuisance, nor may be dangerous or offensive. In determining
whether a use may be permitted, the Board shall consider the influence such use will have on the general area in
which the use is proposed to be located; the emission of odor, smoke, noise, flame or vibration and other factors
which may affect the public health, safety, convenience, comfort, prosperity or general welfare. ('78 Code, §
1141.01)
(B) Plans and procedure. Prior to the issuance of a permit for the construction of any building or structure
in an I Industrial District, plans for such buildings and structures shall be presented to the Board of Zoning
Appeals. The Board shall submit a copy of such plans to Council and the Planning Commission for their review
and recommendations. Upon receiving a report from Council and the Planning Commission, the Board shall
consider the reports and decide whether the permit shall be issued. ('78 Code, § 1141.02)
(C) Yards.
(1) Front. There shall be a front yard 50 feet in depth.
(2) Side. No side yard shall be required, but no commercial building shall be located closer than 40
feet to the boundary of a residence district.
(3) Rear. There shall be a 40-foot rear yard.
('78 Code, § 1141.03)
(Ord. 417, passed 6-4-63) Penalty, see § 153.999
§ 153.080 F FLOOD PLAIN DISTRICT.
(A) Purpose. Certain sections of the village are subject to periodic flooding. During the periods of high
waters, the lives and property of residents within affected areas are endangered. The Flood Plain District is
established to prevent the destruction or impairment, partial or complete, of private property, and the costly
evacuation of people and damageable goods, personal injury and death, by regulating the type of development
permissible in the district. ('78 Code, § 1143.01)
(B) Permitted uses. Only the following uses shall be permitted in the Flood Plain District:
(1) Agriculture. Farming, dairying, pasturage, agriculture, horticulture, viticulture, and animal and
poultry husbandry. Barns, sheds, farm buildings, silos, corn cribs, corrals, pens, stables and coops. Buildings or
enclosures used, or proposed to be used, for the keeping of farm animals shall not be closer than 200 feet to any
residence, lot line, residence district, school, church, hospital, sanitarium or institution for human care, and shall
be kept clean and in compliance with local and state health laws. No such building shall be located or
maintained as to create a nuisance to adjoining properties. Permanent buildings shall be only for the housing of
a farmer, his family or caretakers. Spreading, accumulating, feeding or use of garbage in any manner shall be
prohibited.
(2) Forestry.
(3) Summer houses for seasonal occupancy only. The period of occupancy shall commence on April
15 of one year and may continue until not later than October 15 of that year. These structures need not abut
upon any public street.
(4) Public or private park and recreation areas, parks, playgrounds, picnic grounds, golf courses,
fishing lakes, boat docks, including leasing of fishing and recreational equipment and the sale of bait.
(5) Riding academies. No building in which animals are housed shall be closer than 500 feet to any
residence district.
(6) Carnival, circus or similar transient and portable amusement enterprises.
(7) Outdoor rifle or skeet-shooting ranges and associated building or structure.
(8) Uses permitted and as regulated in the B-1, B-2 and I Districts except residences.
('78 Code, § 1143.02)
(C) Special permit by Board. Prior to the construction of any building or structure, or the use of any land
for any of the purposes listed in this chapter, a special permit shall be obtained from the Board of Zoning
Appeals. Plans for such building or structure shall be filed with the Board in order that such Board may
determine the advisability of issuing such permit and setting forth the necessary conditions for the operation of
the proposed use. No permit shall be necessary for the erection of farm dwellings.
('78 Code, § 1143.03)
(Ord. 417, passed 6-4-63) Penalty, see § 153.999
SPECIAL AND NONCONFORMING USES
§ 153.090 SPECIAL USES.
Carnivals, circuses, merry-go-rounds, ferris wheels and other similar forms of public amusement; tents
erected for public meetings and assemblies may be permitted under the following conditions:
(A) By obtaining a permit from the Village Administrator, and a statement from the Fire Department that
the structures are properly anchored and are substantially safe;
(B) By obtaining a statement from the Clermont County Board of Health to the effect that adequate
sanitary facilities have been provided; and
(C) By posting a reasonable bond with the Village Administrator, which bond shall be forfeited if the
grounds occupied are not left in a clean and sanitary condition at the termination of such an operation.
('78 Code, § 1145.01) (Ord. 417, passed 6-4-63)
Penalty, see § 153.999
§ 153.091 NONCONFORMING USES.
(A) After the effective date of this chapter, no lot or parcel of land shall be used, and no building or
structure shall be constructed, erected, extended, enlarged or moved except in conformity with the provisions of
this chapter.
(B) Within the districts established in this chapter, there may exist lots, structures and uses of land which
were lawfully established before this chapter was in effect, but which, under this chapter are regulated
differently. It is not intended that these lots or buildings are in violation of this chapter. These uses may
continue and any renewal or change of title of possession, or right of possession, or lease of any such lot, parcel
of land, building or structure shall not be construed to prevent the use of such lot, parcel of land, building or
structure as provided in this chapter.
(C) Any such nonconforming use may be extended throughout any part of a building or structure which
was arranged or designed for such use at the time of the effective date of this section. If the use is discontinued
for a period of two years or more, any future use of the lot, parcel of land, building or structure shall be in
conformity with this chapter.
(D) A nonconforming use may be changed to a more restricted use, or to a conforming use. If changed to a
more restricted use, the nonconforming use shall not thereafter be changed to a less restricted use.
(E) The strengthening or restoration to a safe condition of any part of a nonconforming building or
structure shall be permitted.
(F) For the protection of the owner of lands or parts thereof falling under the category of a nonconforming
use, such owner shall list with the Board of Zoning Appeals within 12 months from the effective date of this
section.
('78 Code, § 1145.02) (Ord. 417, passed 6-4-63)
Penalty, see § 153.999
ADMINISTRATION AND ENFORCEMENT
§ 153.105 PLANNING COMMISSION.
(A) Membership. The Planning Commission of the village shall consist of five members: the Mayor, one
member of Council to be elected for the remainder of his term on Council, and three citizens of the village
appointed by the Mayor for terms of six years each, except that the term of the members of the first Commission
shall be for four years and one for two years. All such members shall serve without compensation.
(B) Powers. Among the powers vested in the Planning Commission by the Ohio Revised Code is
rendering advice to Council concerning proposed district changes to this chapter.
('78 Code, § 1123.01) (Ord. 417, passed 6-4-63)
Statutory reference:
Planning Commission powers and duties, see
R.C. §§ 713.01, 713.02, 713.06
§ 153.106 BOARD OF ZONING APPEALS.
(A) Creation and delegation to Planning Commission. A Board of Zoning Appeals is hereby created as
provided by R.C. § 713.11, and Council hereby delegates to the Planning Commission the administrative powers
and functions of the Board as set forth in this chapter. ('78 Code, § 1125.01)
(B) Meetings and minutes. The meetings of the Board of Zoning Appeals shall be held at the call of the
Chairman, and at such times as the Board may determine. The Chairman, or in his absence the acting Chairman,
may administer oaths and require the attendance of witnesses. All meetings of the Board shall be open to the
public. The Board shall keep minutes of its proceedings showing the vote of each member upon each question,
or if absent or failing to vote, indicating such fact, and shall keep records of its official actions. ('78 Code, §
1125.02)
(C) Powers and duties. The Board of Zoning Appeals shall have the following powers and duties:
(1) To hear and decide appeals where it is alleged there is error in any order, requirement or decision
of the Village Administrator in the enforcement of this chapter.
(2) To grant a variation in the regulations when a property owner can show that his property was
acquired in good faith; or where by reason of exceptional narrowness, shallowness or shape of a specific piece of
property the application of this chapter may result in undue hardship.
(3) To grant a variation in the regulations where by reason of exceptional situation or exceptional
topographical conditions the strict application of this chapter actually unreasonably restricts the use of his
property, and where the Board is satisfied, under the evidence heard before it, the granting of such variation does
not constitute a direct amendment of any district regulation.
(4) To interpret the provisions of this chapter.
(5) To grant the extension of a district where the boundary line of a district divides a lot in single
ownership as shown of record at the time of the effective date of this chapter.
('78 Code, § 1125.04)
(Ord. 417, passed 6-4-63; Res. 527-72, passed 11-13-72)
§ 153.107 VILLAGE ADMINISTRATOR; AUTHORITY AS TO PERMITS AND CERTIFICATES.
(A) Appointment and duties.
(1) Council shall appoint a Village Administrator who shall serve at the pleasure of Council.
(2) It shall be the duty of the Village Administrator to enforce this chapter in accordance with its
literal provisions. The Administrator shall in no case issue any zoning certificate for any building or structure or
for any use of land unless such building or structure or use is in compliance with this chapter. The Village
Administrator shall have no discretionary powers and shall have no authority to grant variations from the terms
of this chapter. He shall have authority to cause any building, structure, place, or premises to be inspected and
examined and to order in writing the correction of any condition found to exist in violation of this chapter.
('78 Code, § 1127.01)
(B) Filing of plans. Every application for a building permit shall be filed with the Village Administrator.
They shall be accompanied by one copy of plans and specifications drawn to scale in ink. Such plans shall show
the dimensions of the lot in which a building or structure is to be located; the exact location, size and height of
the building; side yards; setback lines; intended use of the building or part thereof; number of families or
housekeeping units; and such other information as may be required by the Village Administrator in forms
provided by him. All dimensions shall be based on actual survey. The lot and the location of the building shall
be staked out on the ground before construction is started. ('78 Code, § 1127.02)
(C) Approval of plans. The Village Administrator shall, if plans are filed in accordance with his
requirements and the requirements of this chapter, approve such plans within ten days after they have been filed
in his office. ('78 Code, § 1127.03)
(D) Inspections. The Village Administrator shall inspect a lot, building or structure when the same has
been staked out on the ground; when footings are ready to be poured; and when the building is completed and
ready for occupancy. The Administrator shall inspect such building or structure at any time during construction
when he deems it advisable. ('78 Code, § 1127.04)
(E) Certificate of occupancy. No building shall be occupied or any structure used until a certificate of
occupancy is issued by the Village Administrator. The certificate shall certify that such building or structure and
the proposed use thereof are in conformity with the provisions of this chapter. ('78 Code, § 1127.05)
(F) Compliance with County Building Code. Prior to the issuance of any permit by the Village
Administrator, the regulations and standards for the construction of any building or structure, shall be governed
by and in compliance with the applicable provisions of the Clermont County Building Code as adopted by the
village in Chapter 150 of the Code of Ordinances. ('78 Code, § 1127.06)
(Ord. 417, passed 6-4-63; Ord. 529, passed 12-18-72)
Penalty, see § 153.999
§ 153.108 SCHEDULE OF FEES.
The following schedule and rates of fees are hereby adopted:
[Schedule begins on following page.]
Fee
Zoning permit (new)
Single-family dwelling
$ 35.00
Multi-family dwelling - per building
30.00 plus $10.00/unit
Commercial or institutional
100.00
Industrial
150.00
Zoning permit (remodeling or addition)
Under $1,000
0.00
Over $1,000
Single-family dwelling
35.00
Multi-family dwelling - per building
30.00 plus $10.00/unit
Commercial or institutional
100.00
Industrial
150.00
Request for change of zoning district
75.00
Appeal to Board of Zoning Appeals
50.00
Street or sidewalk opening
10.00 per square foot or $200.00 minimum
Signs
Temporary
1.00 per square foot
Permanent
.50 per square foot
All of the fees contained in this section shall be nonrefundable.
('78 Code, § 1127.07) (Ord. 691-82, passed 5-10-82; Ord. 748-86, passed 5-12-86; Am. Ord. 905-96, passed 18-96)
§ 153.109 ZONING CHANGE PROCEDURE.
(A) General procedures.
(1) As the village grows and develops, Council may from time to time amend or change by
ordinance, the number, shape or area of districts established by this chapter and the regulations set forth in this
chapter.
(2) The ordinance proposing such amendment or change shall be submitted to the Planning
Commission for approval, disapproval or suggestions. The Commission shall render its decision within 30 days
after receiving copy of the proposed amendment.
(3) Persons desiring a change in zoning of property shall, by petitioning to Council, initiate such a
zoning change. The petition shall be submitted in forms furnished by the village and shall include the names and
addresses of the owners of all properties lying within the block where the proposed change is located and within
200 feet of any part of the property proposed to be changed.
('78 Code, § 1123.02)
(B) Hearing by Planning Commission. Before submitting its recommendations to Council, the Planning
Commission shall hold a public hearing on the proposed amendment or change, and shall give notice of the time
and place of such hearing to all property owners who, in the opinion of the Commission, may be affected by
such amendment or change. ('78 Code, § 1123.03)
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(C) Hearing by council. Council shall hold a public hearing before the adoption of the proposed
amendment or change. At least 30 days notice of such amendment or change, and of the time and place of the
hearing thereon shall be given by publication in a newspaper of general circulation in the village. Council shall,
within a reasonable time after the hearing, determine whether the proposed change is approved or denied. ('78
Code, § 1123.04)
(Ord. 417, passed 6-4-63)
§ 153.110 APPEALS.
(A) Appeals may be taken by any person affected by any decision of the Village Administrator. Such
appeal shall be taken within 30 days by filing with the Village Administrator and with the Board of Zoning
Appeals a notice of appeal and giving reasons for same. The Village Administrator shall transmit to the Board all
the papers constituting the record upon which the action appealed from is taken.
(B) The Board shall hold a hearing on the appeal, give public notice thereof and decide the same within
reasonable time. At the hearing, any party may appear in person or by a representative or legal counsel. The
expense incurred by the Board in advertising and notification to those concerned shall be paid by the appealing
persons.
('78 Code, § 1125.03) (Ord. 417, passed 6-4-63)
§ 153.999 PENALTY.
(A) Whoever has control over or is in possession or entitled to possession of property and fails to comply
with the requirements of this chapter within 15 days after being notified of a violation of this chapter, which
notice shall be served by registered mail or personally by a police officer upon the violator, shall be fined not
more than $500, or imprisoned not more than six months, or both, where another penalty is not otherwise
provided. Each day of noncompliance with this chapter, after the expiration of 15 days from the date of notice
shall constitute and be deemed a separate and distinct offense, without the necessity of having to serve any
further notices of noncompliance. ('78 Code, § 1127.99) (Ord. 463, passed 4-10-67)
(B) Violation of the provisions of §§ 153.030 through 153.045 or failure to comply with any requirement
by the owner, tenant, architect, contractor or any other person shall constitute a misdemeanor punishable by a
fine of not more than $500, or imprisonment for not more than six months, or both. Each day such violation
continues after receipt of a violation notice, shall be considered a separate offense. If an otherwise lawful sign is
erected without prior approval and without the issuance of the required permit, any fees that are due shall be
doubled. ('78 Code, § 1131.99) (Ord. 678-82, passed 2-8-82)
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