CHAPTER 1151
DISTRICTS and MAP ESTABLISHED
1151.01 Districts Designated
In order to classify, regulate and restrict the location of trades, residences, recreation and other
land uses and the use of buildings and structures designed for special uses, to regulate and limit the
height, bulk, number of stories and size of buildings and other structures hereafter attempted to be located
on land in any zoning district; to regulate and limit the percentage of lot areas which my be occupied,
provide setback building lines, size of yards, courts and other open spaces within and surrounding
business, the density of population, the territory within the Municipality is hereby divided into six
districts. All such regulations shall be uniform throughout each class or kind of building or structure.
Districts shall be known as:
Residential District………………………..(RES)
Recreational District………………………(REC)
Office/Professional District……………….(OP)
General Business District…………………(GB)
Retail Business District……………………(RB)
Light Manufacturing District……………..(LM)
1151.02 District Map
1151.03
Zoning of vacated streets
Whenever any street or public way is vacated by official action of Council, the zoning districts
adjoining each side of the street or public way, shall be automatically extended to the center of such
vacations and all areas included in the vacation shall thereafter be subject to all regulations of the
extended districts.
1151.04
General provisions
(1)
Any non Residential District use shall have a buffer of undeveloped land between said use and
a Residential District area. Undeveloped includes but is not limited to buildings and paved
parking. Said buffer shall be not less than 100 feet. If there is a road separating the two
districts areas then the buffer area shall be measured from the center of the roadway.
(2)
Any use approved by either the Planning commission or the Board of Zoning Appeals shall be
initiated through procuring of permits and beginning construction within one year of approval.
(3)
All buildings constructed in a district other than the Residential or Light Manufacturing
Districts shall be constructed of masonry or brick exterior. The office portion of any building
in the Light Manufacturing District shall be of masonry or brick exterior.
Chapter 1153
Residential District (RES)
1153.01 Permitted Uses: A building or premises within the Residence District shall be used only for
the following purposes
Agriculture, including greenhouses and the usual agricultural buildings and structures.
Single-family dwelling: home occupation
(c)
(d) Accessory buildings and uses customarily incidental to any of the above uses and not involving the
conduct of business including:
Public Use
(1)
the primary structure residence on the premises.
Quarters for hired help employed on the premises. Such quarters must be located within
(2)
animals that my be kept as provided in Section 1141.36.
Private garage, home occupation and private stable as regulated as to the number of
(3)
produced on the premises, may be erected beyond the building line. Such roadside
Roadside stands and signs, offering for sale only agricultural products which are
stand and sign shall not be erected in a location which is a hazard to traffic safety.
(4)
building or premises, which sign shall be moved when such building or premises are
One sign not to exceed eight square feet in area pertaining to the lease, hire or sale of a
lease, hired or sold.
Uses:
Churches and other places of worship, Sunday school buildings and parish houses, parochial schools
and necessary accessory buildings subject to the approval of a site plan as follows:
(A)
street parking) shall be located at least seventy-five from the street right of way.
Structures and activity area including roading and facilities (other than off-
(B)
major road intersections and at least 100 feet from all local or minor street intersections. All State and
County highways shall be considered major streets.
All points of ingress and egress shall be located at least 200 feet from all
(C)
Lighting shall not create a nuisance and shall in no way impair safe
movement of traffic on any street or highway. No light shall shine directly on adjacent property. No
strings of open light bulbs shall be permitted.
All structures shall be located so as to have access to a dedicated street.
Locations should be adjacent to parks or other commercial uses such as
schools or shopping centers where use can be made of joint parking facilities.
Public elementary, middle and high schools.
Buildings or properties owned and/or operated by a political subdivision of the government including
Village Hall, community center building, fire engine house, parks, playgrounds and conservation
areas subject to the regulations of Section 1159.07.
(4)
Cemeteries including mausoleums, providing that any new cemetery shall contain at least twenty
acres of land and the location has been approved by the Board of Zoning Appeals
1153.03 Prohibited Uses:
Adult Entertainment Establishments as defined in chapter 1162.02.
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1153.04 HEIGHT REGULAATIONS
In the Residential District no building shall exceed two and one-half stories or thirty-five feet in
height, except as provided in chapter 1171.
1153.05
YARDS
(a)
Front yards. In the Residential District there shall be a front yard having a depth of not less
than fifty feet providing however, no alignment setback or front yard depth shall be required
to exceed the average of the depth of the existing front yards on the lots adjacent on each side,
if each of such lots are within the same block and within 300 feet. The rear line of the front
yards within the block shall be considered the building line.
Side Yards. Except as provided in Chapter 1171, there shall be provided a side yard on each
(b)
side of a building having a width of not less than fifteen feet. The side yard nearest the street
on a corner lot shall have a width of a least (20%) of the minimum requirement as to width of
lot.
Rear Yards. Except as provided in Chapter 1171, there shall be provided a rear yard having a
depth of not less than fifty feet.
(c)
1153.06
INTENSITY OF USE.
In the Residential district every lot or tract of land shall have an area of not less than one and one-
half acre, a width of not less than 125 feet at the building line, and not less than 125 feet of
frontage along a dedicated street or road. No residence shall be constructed to provide less that
1,500 square feet of living area.
Chapter 1155
Recreational District (REC)
1155.01
Permitted Use
All uses permitted in the Residential District and as regulated therein.
Recreation uses, whether private or publicly owned and operated, and their necessary
facilities limited to the following: Miniature golf, swimming, tennis, country clubs, fishing, boating,
picnicking and such sports as are generally associated with the outdoor conservation and activities
generally pursued by children.
(c)
Accessory uses customarily incidental to any of the above permitted uses, except the sale
of liquor on the premises, calliopes, or other outdoor noise or music projection system wherein the sound
produced therein shall extend beyond the border of the area so zoned; commercial park rides, such as
roller coasters, merry-go-rounds and other noise producing rides.
1155.02 APPROVAL OF SITE PLANS
In the Recreation District, final site plans shall be submitted to and be subject to approval by the
Board of Zoning Appeals before a building or use permit shall be issued for such premises. The site plans
shall show the following: drainage, the location of all buildings, fences both solid and living
(landscaping), walls, signs, lighting installations, provisions for off-street parking and unloading areas,
arrangement of internal and in and out traffic flow, the relationship to immediately abutting streets and
uses and provisions for sanitary facilities, including water and septic tanks.
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1155.03 HEIGHT REGULATIONS.
In a Recreation District no building shall exceed two and one-half stories or thirty-five feet in
height.
1155.04 YARDS
In the Recreation District, regulations governing front, rear and side yards applicable to the
Residence District shall apply. However, the Board of Zoning Appeals, upon appeal, shall have the right
to require such front and side setbacks as the Board deems necessary to prevent congestion in the roads,
streets or alleys and hazards from fire, panic, or other danger.
1155.05 INTENSITY OF USE
In a Recreation
District every lot or tract of land shall have an area of not less than ten acres
1155.06 OFF- STREET PARKING
In the Recreation District, off-street parking space shall be provided for all recreation areas in area
equal to one-fifth of the total of such area. Such of-street parking space shall be smoothly graded and
covered with a suitable road material or hard surface adequately drained and free from dust.
1155.07 SIGNS
In the Recreation District, no sign shall extend beyond the street line, nor shall any sign be placed
at a height less than ten feet above the grade line.
(a)
recreation area shall not exceed 100 square feet provided that in the case of a corner recreation area an
additional 100 square feet of sign may be displayed facing the side street.
The total area of all suspended, hanging or attached signs in connection with a single
Flush signs of any size shall not require a special permit.
All signs other than those allowed by this section shall require a special permit.
1155.08 Conditional Uses:
Golf courses, driving ranges
1155.09
Adult Entertainment Establishments as defined in chapter 1162.02.
Prohibited Uses
Chapter 1157
Office/Professional District (OP)
1157.01 Permitted Uses:
In the Office/Professional District, no building or premises, unless otherwise provided in this
Zoning Ordinance, shall be erected which is arranged, intended or designed to be used except for the
following:
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(a) Administrative, executive, legal, financial, accounting, clerical, design, engineering, drafting,
medical, dental, orthodontia, ophthalmological.
(b) Offices and sales offices, provided the display areas or showrooms do not exceed twenty
percent (20%) of the usable floor area of the building.
(c) Accessory uses which do not exceed thirty percent (30%) of the usable floor area of the
building and which are clearly incidental to the principal uses permitted in this section.
1157.02 APPROVAL OF SITE PLANS:
real estate for use in accordance with this chapter shall be submitted to the Planning commission for
All plans in connection with the development of any
approval. However, all plans shall be submitted to council for its approval of traffic patterns involving
ingress and egress to the proposed site and Council shall take special care to avoid creating a situation
where heavy traffic associated with the site would be directed through residential districts.
1157.03 HEIGHT: No structure shall exceed forty feet in height, except as provided in 1171.02.
1157.04 YARDS:
(a) Minimum Front Yard Depth. The minimum front yard depth shall be seventy-five
feet.
(b) Minimum Side Yard Width. The minimum side yard width shall be fifty feet. On the
street side of a corner lot, such side yard shall be the same in width as that required for front yards.
(c) Minimum Rear Yard Depth The minimum rear yard depth shall be fifty feet.
1157.05
INTENSITY OF USE.
(a) Minimum Lot Area. The minimum lot area shall be four acres. Structures and
buildings shall not occupy more than thirty-three percent (33%) of the total lot area. The minimum lot
area required herein may be reduced by Council after receiving a report from the Planning Commission.
(b) Open Areas. Exclusive of driveways, parking and building areas, each lot shall
contain twenty-five percent (25%) of its total lot area in landscaped open area
1157.06
feet to side or rear lot lines, which shall be devoted to green space. Parking lots shall be so constructed or
OFF-STREET PARKING REQUIREMENTS: Parking lots shall not be closer than fifteen
landscaped as to make parked vehicles inconspicuous from the street. Off-street parking shall be provided
on the basis of one parking space for each employee on the maximum working shift.
1157.07
approved by the Planning commission.
SIGNS: All signs other than traffic speed and directional signs shall be submitted to and
1157.08 RESTRICTIVE COVENANTS: The provisions of this chapter shall not be construed to
remove or render inoperative any restrictions of land established by restrictive covenants. However, when
any provision of this chapter imposes a greater restriction upon buildings or premises than is imposed by
any such restrictive covenants, the provisions of this chapter shall control and be in force and effect.
1157.09 CONDITIONAL USES: Restaurants, barbers, hair dressers, & other services supporting an
office complex, also bed & breakfast establishments.
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1157.10 Prohibited Uses: Adult Entertainment Establishments as defined in chapter 1162.02.
Chapter 1159
General Business District (GB)
1159.01 INTERPRETATION; SCOPE: The following regulations shall apply to the General Business
District subject, however, to such of the other provisions of the Zoning Ordinance as are pertinent to this
chapter.
1159.02 GENERAL BUSINESS DISTRICT REGULATIONS.
(a) Purpose. This district is established to provide for uses principally to accommodate the sale
of convenience retail goods and personal services purchased frequently for daily and weekly needs
servicing the residents of the Municipality. It is intended that this district will encourage the development
of small businesses in wholly enclosed buildings located in a uniform manner.
(b) No building constructed for use in the General Business District shall exceed 30,000 square
feet.
(c) Permitted Uses.
(1)
All uses permitted in the Office Professional District (1157)
Art, photo, stationery, notions toy, book, music and gift sales. Souvenirs or
(2)
souvenir-oriented materials shall not exceed five percent(5%) of total display area.
(3)
operation of the facilities.
Banks or financial institutions where drive-in facilities are incidental to the
(4)
Barber or Beauty shops.
Clothing, apparel, shoe, and variety stores. Souvenirs or souvenir-oriented material
(5)
shall not exceed five percent (5%) of total display area.
(6)
five percent (5%) of total display area.
Florist and gift shop. Souvenirs or souvenir-oriented materials shall not exceed
Grocery store, drug store.
Jewelry store
Shoe repair store
Tailor and dress maker shops.
Non-paid, off-street parking lot.
Medical supplies.
Computer sales & service.
(14)
Building trades
(d )
certificates for uses listed herein and subject to the general requirements of Section 1145.04 and to
specific requirements of the regulations of Section 1159.07 referred to below.
Conditional Permitted Uses. The Board of Zoning Appeals may issue conditional zoning
(1) Dry cleaning and laundry in which non-explosive and non-flammable solvents are
extensively used and in which not more than five persons are engaged and in which no work shall
be done on the premises for retail outlets elsewhere.
(2) Drive in Banking facilities subject to regulation of Section 1159.07
(3) Public utility rights of way and appurtenant structures subject to regulation of Section
1159.07.
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(4) Temporary buildings for the uses incidental to construction work subject to regulations
of Section 1159.07.
(5) Eating and drinking establishments, but excluding drive in food and beverage
establishments defined as follows:
(A) “Drive-in restaurant” means any eating establishment where the primary function is the
service of food, frozen dessert, or beverages prepared for consumption away from the premises regardless
of limited table service outdoor service or places being provided for consumption on or off the premises
or on a self service basis. All restaurants having less than thirty-five percent (35%) of the gross floor area
in an enclosed building dining area or lacking waiter or waitress service shall be considered a drive-in
restaurant.
(B) “Restaurant” means an eating establishment where food, frozen desert or beverages
are prepared and served by a waiter or waitress at tables or counters for consumption in a wholly enclosed
building, any provision for take out service of food being incidental.
(6)
premises including bakery, delicatessen, meat market, confectionary, ice cream parlor, and soda fountains.
Stores for the preparation and processing of food and drink to be retailed on
(7)
Quasi-public institution, organization, and/or operation, instructional and meeting
facilities for non-profit use such as those developed and used by the YMCA, YWCA, Boy Scouts, or
various fraternal or community service groups.
(A)
supervise so as to prevent any hazard, disturbance, or nuisance to surrounding properties, residents, or to
the community in general.
All activities, programs, and other events shall be adequately and properly
(8)
Sporting goods store subject to:
Sale of powered recreational vehicles shall be incidental to the total sales of stores,
(A)
such incidental sales not to exceed ten percent (10%) of total sales volume.
Outdoor displays of power recreational vehicles shall be prohibited
Cultural and educational facilities
Laundromats.
Hospitals, convalescent, nursing and health homes, including training and teaching
facilities.
Funeral Homes.
Other compatible uses.
(d)
Adult Entertainment Establishments as defined in 1162.02
Crematorium
(3)
Pinball and mechanical electronic games are not permitted except in incidental
entertainment use in bars, night clubs, and taverns holding a valid hard liquor license. They are also
permitted when allowed by Chapter 711 of the Codified ordinances regulating amusement devices.
Sale of fireworks and like items.
(e)
(1)
Ample inside or enclosed storage space must be provided for commercial debris, waste and
garbage. Storage space must be contiguous to the main building and all storage items shall be screened
from the parking lot and roadway. Outside storage of various sundry items such a business equipment
and rental or lease equipment, trade-in or salvage merchandise, construction material and containers or
cases are prohibited. Removal and disposal by owner of the debris, waste or garbage is required to
maintain a neat and orderly premises.
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1159.03
LOT REQUIREMENTS
Minimum lot area: one acre
Minimum lot width at building and street right of way: 200 feet.
A business structure, a church or place of general assembly in a General Business District
(c )
shall have a lot whose total area is not less than three times the ground area covered by the main structure
or building.
1159.04
YARD REQUIREMENTS
Setback Lines. The setback line for any building or structure erected shall be a minimum
(a)
of twenty feet from the public right of way
(1) Front Yard. The front yard shall be landscaped in accordance with Section 1159.09 no
parking will be permitted in the front yard. A sidewalk with a minimum width of six feet shall be
contiguous with those sides which contain the entrances to the building.
(b)
Side Rear Yards Every building or structure intended for business use, shall have a rear
and side yard each of which shall have a width of at least ten feet from the rear and side lot lines except
when adjacent to a Residential District use, the width shall be twenty-five feet from the lot line adjacent to
the Residential District; provided that the building and site arrangements also comply with the regulations
set forth above and 1151.04
(c )
Height of Building No building shall be erected in the General Business or Retail
Business District to a height in excess of two and one half stories or an excess of thirty-five feet measured
from the natural grade of the building line to the highest point on the roof, except that these provisions
shall not apply to the height of a clock tower, wireless tower, chimney state tower, scenery loft, or to the
mechanical appurtenances part of such building. The above such projections shall not exceed then feet
above roof peak. All other projections in excess of ten feet must be approved by the Planning
Commission.
(d)
located in the right of way of streets, alleys or easements. In not case shall the Planning Commission
approve a storm drainage system which involves swales, roadside ditchers, etc. as a means of conveying
Storm Drainage. Drainage shall discharge into a common closed conduit which is to be
surface drainage from the sites.
1159.05
Business Districts shall be permitted only after the review of the site plans by the Planning Commission
and/or the Village Engineer should the Planning Commission refer it to him. The following general
SITE PLAN REVIEW All business uses permitted under the General and Retail
requirements must be met:
(a)
The site plan shows that a proper relationship does exist between thoroughfares,
service roads, driveways and parking areas to encourage pedestrian and vehicular
traffic safety.
All the development features, including the principal buildings, open spaces,
(b)
service roads driveways and parking areas are located and related as to minimize
the possibility of any adverse effects and to maintain harmony with adjacent
developments.
The site plan includes adequate provision for the screening of parking areas and
service areas from surrounding property by landscaping.
(c )
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(d)
Grading and surface drainage provision are reviewed and approved by the Village
Engineer. All drainage calculations and a drainage area map shall be
all developments.
provided for
(e)
Maximum possible privacy for surrounding residential property shall be provided
through good design and the use of proper building materials and landscaping.
Visual
privacy shall be provided through structural screening and landscaping
treatment.
The architectural design of commercial buildings shall be developed with
(f)
consideration given to the relationship of adjacent development in terms of building
height, mass, texture, materials, line in pattern and character.
The site circulation shall be designed to assure adequate fire and police protection.
Building location and placement shall be developed with consideration given to
minimizing removal of trees.
(i )
In parking areas with front yard frontages greater than 400 feet, visual relief shall
be provided through the use of tree planted and landscaped dividers, islands, and
walkways. Landscaping and planting shall be a minimum of twenty percent (20%)
of the side yard parking area and ten percent (10%) of the rear yard parking area.
1159.06 CONFORMANCE WITH SITE PLANS
(a)
The use, placement and dimensions of all buildings, driveways, sidewalks, parking
areas, and installation of landscaping fences, lighting, and walks shall conform to
the approved site plan.
Any revisions in the site plan after final approval by the Planning Commission
(b)
must be resubmitted for approval by the Commission.
Any subsequent construction, reconstruction, or changes in topography or the
commercial uses of the property must be submitted to the Planning Commission for
(c )
their approval.
A performance bond made payable to the Village of Boston Heights in the amount
(d)
of ten percent (10%) of the construction cost shall be require for issuance of a
zoning certificate for a commercial or retail use. After all conditions of the Zoning
Ordinance are met, the bond shall be returned to the owner. Such bond shall be
issued by a bonding company acceptable to the Zoning Inspector and the Planning
commission.
1159.07 OFF STREET PARKING SPACES
(a)
Auditorium, stadium and similar uses: one for each three seats based on maximum
seating capacity.
(b)
Automobile repair garages: one for each employee plus one for each 500 square
feet, or fraction thereof, of total gross floor area.
Barber shops and beauty parlors: four for each barber or beauty operator.
Business and professional offices, banks and studios: one for each 150 square feet,
or fraction thereof, of total gross floor area plus one space for each employee.
Churches and school auditorium: one for each three seats in principal auditorium,
(e)
based on maximum seating capacity.
Clubs and lodges: one fore each 150 square feet or fraction thereof, of total floor
area, or one of each two seating spaces in the assembly room, whichever is larger.
(f)
(g)
Hospitals; one parking space for each bed, plus one space for each employee.
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(h)
Convalescent, nursing and health homes; one parking space for each two beds, plus
one space for each employee.
Laundromat: one for each two washing machines.
Quasi public or institutional meeting facilities; one parking space for each three
seats and based on maximum seating capacity.
Medical and dental offices and clinics: five for each physician or dentist plus one
(k)
for each employee.
Funeral homes: minimum of 100 parking spaces
Restaurants: one for each two seats of maximum designed capacity, plus one space
for each employee.
Small retail stores and personal service shops: one for each 100 square feet, or
(n)
fraction thereof, of total gross floor area
Supermarkets, department stores and similar large retail stores: one for each 100
(o)
square feet, or fraction thereof, of total gross floor area.
A minimum of ten car stalls for each 1,000.00 square feet of total gross floor area
shall be provided whenever building usage is not specified.
(p)
1159.08 PARKING REQUIREMENTS
(a)
developer must comply with the requirements of Sections 1159.06.
Parking shall be provided with buildings of undesignated uses. The building or
Stalls shall be at least ten feet wide and twenty feet in length and shall be striped.
The width of the parking unit consisting of one lane and the opposite two 45 degree
angle parking stalls shall be at least fifty-three feet. The width of the parking unit
consisting of one lane and adjacent two 90 degree angle parking stall shall be at
least sixty-five feet. Each lane shall conduct traffic in one direction only.
The parking area shall be paved with asphalt or concrete and contain adequate base
(d)
material. Concrete parking areas shall consist of either a six-inch minimum depth or item 452 plain
portland cement concrete pavement or six inch minimum depth of item 451 reinforced portland cement
concrete pavement. Dub-base to be a minimum thickness of three inches of item 310 as designated by the
Ohio Department of Transportation current dated construction and material specifications. Asphalt
parking areas shall consist of a minimum of two inches of item 304 aggregate base as designated by the
Ohio Department of Transportation current dated construction and material specifications.
(e)
is drained within the lot on which the parking area or drive is located in such a manner that water shall not
drain off the parking facility pavement except through the proper sewers.
All parking, loading areas and drives shall have adequate drainage so that all water
(f)
Entrances and exits shall be located to minimize traffic congestion and avoid undue
interference with pedestrian access at street intersection corners. There shall not be more than two
accessways abutting any one street. Such accessways shall have a throat width of not less than twenty-
five feet and a width using a minimum of twenty feet radius curve from the street curb line. All points of
ingress and egress shall be located at least 100 feet from all major road intersections and at least 100 feet
from all local or minor street intersections. All State and County highways shall be considered major
streets.
(g)
Provide ramp for handicapped: persons.
1159.09 LANDSCAPING REQUIREMENTS
(a)
prior to approval of the site plan, the Planning Commission shall require:
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(1)
A landscaping plan of the site which shall show location and size of
property, existing and proposed contours, location of all existing and
proposed buildings, drives, sidewalks and parking area, existing and
proposed landscaping.
(2)
An estimate from a recognized landscaping firm of the cost of the proposed
landscaping.
(3)
A performance bond in the amount of the estimate calculated in subsection
(a)(2) hereof shall be deposited with the Clerk-Treasurer to ensure faithful
performance of all landscaping provided in such construction. Further , the
bond must be issued by a recognized and approved bonding company and
shall be for a period commensurate with the completion of the landscaping
plan. Should an occupancy permit be issued prior to the completion of the
landscaping plan, then the performance bond shall be renewed for that
period of time which shall assure faithful compliance of the landscaping
plan.
(b)
All landscaping shall be completed or provided for completion as approved by the
Planning Commission before an occupancy permit shall be issued. However, in
the case of winter occupancy (After November 1) all planting is to be completed by
the following May 1.
(c )
Artificial landscaping and plantings are specifically prohibited.
1159.10 CERTIFICATE OF OCCUPANCY
No vacant land and no building erected, added to, altered shall be occupied or used in
whole or in part nor shall any owner or tenant of any land or building hereafter changed the use
classification or enlarge the use of any building or any premises without a certificate of occupancy from
the Zoning Inspector issued in accordance with the authority hereinafter provided; provided that nothing
in this section shall prevent the continuance of the present occupancy or use of any premises or of any
existing building.
(a)
completion of the following conditions:
The Zoning Inspector is authorized to issue a certificate of occupancy upon
That all the provision of the Zoning Ordinance have been satisfied:
That he has received a certificate from the Building Inspector showing that
the building, alterations and additions thereof and the premises have been completed in accordance with
the building Code:
(3)
A certificate from the Village Engineer showing that all street
improvements have been installed and all other provision Subdivision Regulation have been complied
with;
(4)
Department showing that all the requirements of that department have been complied with.
That he has received a certificate from the Summit County Health
(b)
All certificates of occupancy shall be applied for coincidentally with the application
for a zoning permit. Such certificate shall be issued with ten days after the provision of subsection (a)
hereof have been complied with. In the instances wherein zoning permits have been issued prior to the
effective date of this amending ordinance, applications for certificate of occupancy shall be made with the
Zoning Inspector prior to occupying and shall be issued as hereinbefore provided.
(c )
The Zoning Inspector shall retain a record of all certificates of occupancy and a
copy shall be furnished upon request to any person having a proprietary or tenancy interest in the building
or premises affected.
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(d)
premises requiring the issuance of a certificate of occupancy.
The Zoning Inspector shall cause a notice of compliance to be posted on all
(e)
during which such illegal location, erection, construction, may be deemed a separate offense.
Whoever violate this section is guilty of a minor misdemeanor. Each and every day
Chapter 1160
Retail Business District (RB)
1160.01 INTERPRETATION; SCOPE: The following regulations shall apply to the Retail Business
District subject, however, to such of the other provisions of the Zoning Ordinance as are pertinent to this
chapter.
1160.02 RETAIL BUSINESS DISTRICT REGULATIONS
(1) Purpose. This district is established to provide for uses principally to accommodate large
retail business operations for retail or hotels. It is intended that this district will encourage the
development of businesses in wholly enclosed buildings located in a uniform manner.
(2) No building constructed for use in the Retail Business District shall exceed 50,000 square feet.
(3) Any use of land in the Retail Business District shall conform to the requirements of Sections
1159.03, 1159.04, 1159.05, 1159.06, 1159.07, 1159.08, 1159.09, and 1159.10.
1160.03 PERMITTED USES
(1)
(2) Hardware, paint, floor coverings, wall paper, materials and objects for interior decorating,
outdoor accessories, and repair of household items, building supplies and bicycles.
All uses permitted in the Office/Professional District and General Business District
(3) Retail sales of furniture, appliances, and other major household articles.
(4) Amusement and recreational uses such as a bowling alley, theater, indoor racquetball court,
indoor tennis court, but excluding drive-in theaters and other drive-in uses such as miniature golf and
driving ranges and other uses where the recreation is primarily outdoors.
(5) Sidewalk sales and service uses such as galleries, sales and garden shops subject to regulations
of Section 1159.07.
1160.04 CONDITIONAL USES
(1) Vehicle service stations subject to the following:
(A)
any other vehicle service station.
No vehicle service station shall be located closer than 5,000 feet from
(B)
movement of traffic on any street or highway. No light shall shine
directly on adjacent property no strings of open light bulbs shall be permitted.
Lighting shall not create a nuisance and shall in no way impair safe
(C)
Locations shall be on major thoroughfares and at intersection of major
and/or collector thoroughfares.
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(D)
Site location should be preferred that offer natural or manmade barriers that
would lessen the effect of intrusion into an area.
Appearance of proposed station.
Existence of nearby service stations.
Character of surrounding land
Proximity to residential users
(5)
Distance from places of public assembly.
(E)
Such uses shall be permitted under the following conditions:
(1)
Provided that such facilities be located at the extremity of the
business district so as not to interfere with the pedestrian exchange
interchange between stores in the complex and provided further that
it would not limit expansion of pedestrian oriented facilities.
No more than two driveway approaches shall be permitted directly
(2)
from any thoroughfare and shall not exceed thirty feet in width at he
the property line.
(3)
If the property fronts on two or more streets, the driveway shall be
located as far from the street intersection as is practical.
(4)
At least six-inch high pedestrian safety curbs shall be installed along
all street right of way lines except at driveway approaches.
(5) For rental, leasing, storage or permitting of parking of any vehicles
such as trailers or tools except for servicing and/or emergency
purposes, shall not be permitted.
(6) All signs, streamers, announcement, flags and other attention and/or
advertising devices not specifically permitted under the zoning
Ordinance, shall have the prior and temporary approval of the Board
of Zoning Appeals before installation or use.
(2) Car washes
(3) Motels and Hotels.
(4) Taverns.
(5)
Automobile sales.
(6) Other commercial venues housed in buildings which are not in conflict with the general
commercial makeup of the adjacent area and are compatible with the aforementioned conditional
uses.
1160.05 General Restrictions
Ample inside or enclosed storage space must be provided for commercial debris, waste and
garbage. Storage space must be contiguous to the main building and all storage items shall be screened
from the parking lot and roadway. Outside storage of various sundry items such a business equipment
and rental or lease equipment, trade-in or salvage merchandise, construction material and containers or
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cases are prohibited. Removal and disposal by owner of the debris, waste or garbage is required to
maintain a neat and orderly premises.
Chapter 1161
Light Manufacturing District (LM)
1161.01
LIGHT MANUFACTURING DISTRICT REGULATIONS
(1) Purpose. This district is established to provide for uses for manufacturing operations,
assembly of prefabricated components, light machining and storage as is required for operations,
excluding chemical processing, heavy machining, casting, warehousing and storage.
(2) No building constructed for use in the Light Manufacturing District shall exceed 50,000 square
feet.
(3)
Any use of land in the Light Manufacturing District shall conform to the requirements of
Sections 1159.03, 1159.04, 1159.05, 1159.06, 1159.07, 1159.08, 1159.09, and 1159.10.
1161.02
PERMITTED USES
All uses permitted in the Office/Professional, General Business and Retail
Business Districts.
1161.03
Component assembling.
Production involving mixing, blending and bottling where the methods or processes
(2)
used in such manufacturing or processing do not cause or emit smoke, odor, dust,
fumes noise, vibrations or discharge unsatisfactorily treated discard waste and where
no product or any material vibration or discharge unsatisfactorily treated discard waste
and where no product or any material or ingredient used in such manufacturing or
processing contains an explosive which is hazardous to the employees employed
therein or to the neighborhood in the immediate surrounding area.
PERFORMANCE AND DESIGN STANDARDS; CONSTRUCTION OF
(a)
No operations shall discharge treated or untreated sewage or industrial waste into
any reservoir or lake or discharge untreated sewage into any stream. All methods
of sewage and industrial waste treatment and disposal shall be in a manner
acceptable to the applicable local and State health agencies having jurisdiction.
During construction of any building in this district, all contractors’ equipment and
(b)
employees; vehicles shall be parked on the premises and such premises shall be
kept reasonably dust free.
(c )
During
reasonably free of dirt and debris.
All vehicular entrances and exits on public streets and highways shall be designed
construction, the highways in the vicinity of the premises shall be kept
(d)
and constructed in accordance with the specifications of the Summit County
Engineering Department.
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(e)
All unloading space, private driveways and parking areas shall be reasonable dust
free, and such driveways leading to such parking areas shall be permanently treated
with a hard surface upon the ground, conditions permitting.
All open areas surrounding the main building and facing any public street,
(f)
excluding the parking area, are to be landscaped.
Upon the completion of the construction of the buildings located on the premises
(g)
adjacent to a district other than a Light Manufacturing District, all property lines
abutting such other district shall be fenced at least five feet in height of woven or
open mesh construction and erected in a neat and substantial matter.
No outside area may be used for storage unless such storage area is screened from
public view, except that this shall not prohibit the parking of cars and trucks in
(h)
daily use.
No building presently existing in a Light Manufacturing District shall be used for
(i)
industrial purposes.
In the Light Manufacturing District no building shall exceed seventy-five feet in
height except as provided in Chapter 1171 of the Codified Ordinances. A
(j)
property owner may apply to the Board of Zoning Appeals for a variance to obtain
authority for a height in excess of seventy-five feet.
1161.04
Lot Area. No structure shall be constructed on any site which has an area of less
than two acres.
(b)
Minimum Frontage : Access to Street No building shall be constructed on any site
which has a frontage of less than 200 feet on at least one accessible public street or
highway. However, the Board of Zoning Appeals may permit a variance therefrom.
In no event shall a variance be permitted unless there is access to the premises from
a duly dedicated public roadway not less than sixty feet in width.
Percentage of Site Covered. The total amount of land occupied by all principal
(c )
and accessory buildings shall not exceed forty percent (40% ) of the area of the site.
Front Yards. No buildings or part thererof shall be erected within 100 feet of the
center
(d)
line of the road, street or highway.
(e)
Corner Sites. On corner sites the setback line from the road street or highway
shall be not less than thirty-five feet.
(f)
Side Yards. For every building erected on any site, there shall be a side yard
clearance on each side of said building of not less than ten feet, which space shall
remain open and unoccupied by any building or structure
(g)
Rear yards. For every building erected on any site, there shall be a minimum rear
lot clearance of at least fifteen feet, which space shall remain open and unoccupied
by any building or structure.
1161.05
PROHIBITED USES
Production involving chemical processing , casting , heavy machining, storage and warehousing.
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