ARTICLE III
ADMINISTRATIVE BODIES AND THEIR DUTIES
Section 3.01 Zoning Inspector
3.01.01 Office of Zoning Inspector Created
The Zoning Inspector, who shall be appointed by the Village Council, shall enforce the Zoning Ordinance.
3.01.02 Relief From Personal Liability
The Zoning Inspector, acting in good faith and without malice in the discharge of his/her duties during enforcement of this Ordinance, is relieved of all personal liability for any damage that may accrue to persons or property as a result of such acts of alleged failure to act. Further, he/she shall not be held liable for the costs in any action, suit or proceeding that may be instituted against him/her as a result of the enforcement of this Ordinance.
3.01.03 Duties of Zoning Inspector
For the purposes of this Ordinance, the Zoning Inspector shall have the following duties:
A. Issue zoning permits when the procedures and standards of this Ordinance have been followed.
B. Make and keep all records necessary and appropriate to the office including records of issuance and denial of zoning permits and receipt of complaints of violation of the Zoning Ordinance and action taken on same.
C. Inspect any buildings or lands to determine whether any violations of the Zoning Ordinance have been committed or exist.
D. Upon finding that any violations exist, he/she shall notify in writing the person responsible for such violation, ordering such action(s) as needed to correct such violations.
E. Take all necessary steps to remedy conditions found in violation of this Ordinance by ordering, in writing, the discontinuance of illegal uses or work in progress, and direct cases of noncompliance to the appropriate Village official(s) for action.
F. Advise the Planning and Zoning Commission of matters pertaining to the enforcement the Zoning Ordinance.
Section 3.02 Planning and Zoning Commission
3.02.01 Planning and Zoning Commission Established
Pursuant to Section 713.01 of the Ohio Revised Code (ORC), there is hereby established a Planning and Zoning Commission for the Village of Amanda. Pursuant to ORC Section 713.11, the Planning and Zoning Commission shall serve as, and is hereby granted the authority of both Village Planning Commission and Board of Zoning Appeals.
3.02.02 Membership and Terms
The Planning and Zoning Commission shall consist of five (5) members, consisting of the Mayor, one (1) member of Village Council, and three (3) residents of the Village, all to be appointed by the Mayor with the approval of Village Council for terms of six (6) years each, except for the term of one of the members of the first Board shall be four (4) years and one for two (2) years. All vacancies shall be filled by the Mayor, with the approval of Council. If, within a period of sixty (60) days after a vacancy occurs, the Mayor has not appointed a new member to fulfill that vacancy, the President of Council may appoint a member to fill that vacancy, with the approval of Council.
3.02.03 Removal of Members
Members of the Commission shall be removable for non-performance of duty, misconduct in office, or other cause by the Village Council, after a hearing has been held before Village Council regarding such charges. The Mayor or any Council member must submit charges in writing. Charges against any Planning and Zoning Commission member shall be reviewed by the Village Solicitor prior to any formal public hearing. The member shall be given the opportunity to be heard and answer such charges.
3.02.04 Quorum
Three (3) members of the Commission shall constitute a quorum. Any action by the Commission must be by a concurring vote of the majority of the total Commission membership.
3.02.05 Procedures
A. The meetings of the Commission shall be public, however, the Commission may go into executive session, as permitted by ORC Section 121.22, as amended, for discussion but not for vote on any case before it. The Commission shall organize annually and elect a Chairman.
B. The Commission shall adopt, from time to time, such rules and regulations as it may deem necessary to carry into effect the provisions of this Zoning Ordinance. The Commission 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 examinations and other official action, all of which shall be immediately filed in the Village offices and shall be a public record.
C. The Commission shall have the power to subpoena witnesses, administer oaths and may require the production of documents, as may be necessary for the performance of its duties and under such regulations as it may establish.
3.02.06 Powers and Duties
In addition to the powers and duties authorized in Sections 713.02 through 713.11 of the Ohio Revised Code, the Planning and Zoning Commission shall have the following powers and duties pursuant to this Ordinance:
A. Review proposed amendments to this Zoning Ordinance or Official Zoning Map and make recommendations to Village Council, pursuant to Article V of this Ordinance. .
B. Hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Zoning Inspector, in accordance with Article VI of this Ordinance.
C. Authorize such variances from the terms of this Ordinance as will not be contrary to the public interest, where, owing to special conditions of the land, a literal enforcement of this Ordinance will result in unnecessary hardship in accordance with the provisions of Article VI of the Ordinance.
D. Determine similarity of uses, pursuant to Section 10.02.05 of this Ordinance.
E. Interpret the boundaries of the Official Zoning Map, in accordance with the provisions of this Ordinance.
F. Authorize the substitution or extension of nonconforming uses, as specified in Article IX of this Ordinance.
G. Declare zoning permits void, pursuant to Section 8.03 of this Ordinance.
H. Make a recommendation for the zoning of newly annexed areas to the Village, in accordance with Section 11.04 of this Ordinance.
Section 3.03 Powers of Zoning Inspector, Planning and Zoning Commission and Village Council on Matters of Appeal
It is the intent of this Ordinance that all questions of interpretation and enforcement shall first be presented to the Zoning Inspector. Such questions shall be presented to the Planning and Zoning Commission only on appeal from the decision of the Zoning Inspector, and recourse from the decisions of the Commission shall be only to the courts as provided by law. It is further the intent of this Ordinance that the powers of the Village Council in connection with this Ordinance shall not include hearing and deciding questions of interpretation and enforcement that may arise. Village Council shall not have the authority to override the decisions of the Planning and Zoning Commission and/or the Zoning Inspector on matters of appeal or variance.
ARTICLE IV
ENFORCEMENT AND PENALTY
Section 4.01 Zoning Permit Required
No building or other structure shall be erected, moved, added to, structurally altered, nor shall any building, structure, or land be established or changed in use without a permit therefor, issued by the Zoning Inspector. Zoning permits shall be issued only in conformity with the provisions of this Ordinance unless the Zoning Inspector receives a written order from the Planning and Zoning Commission, deciding on appeal or variance, as provided by this Ordinance.
Section 4.02 Conditions Under Which a Zoning Permit is Required
A zoning permit is required for any of the following:
A. Construction, addition to, or structural alteration of any building, including accessory buildings.
B. Change in use of an existing building or accessory building to a use not listed as a permitted use in the zoning district where the building is located.
C. Change in the use of a nonconforming building or structure.
D. Occupancy and use of vacant land.
Section 4.03 Application for Zoning Permit
Applications for a zoning permit shall be obtained from the Zoning Inspector. The application shall contain the following information:
A. Name, address, and telephone number of the applicant.
B. Zoning district in which property is located.
C. Existing and proposed uses
D. Plans and/or drawings drawn to approximate scale, showing the dimensions and shape of the lot to be built upon; and the dimensions and location of existing and/or proposed buildings or alterations.
E. Height of proposed buildings or alterations.
F. Number and dimensions of existing and proposed off-street parking or loading spaces, if applicable.
G. Such other material as may be requested by the Zoning Inspector to determine conformance with, and provide for the enforcement of this Ordinance.
Where complete and accurate information is not readily available from existing records, the Zoning Inspector may require the applicant to furnish a legal description or survey of the lot by a registered surveyor. In particular cases, the Zoning Inspector may reduce the submittal requirements for applications, when the scope and scale of the proposed action warrants.
Section 4.04 Approval of Zoning Permits
Within thirty (30) days after the receipt, the application shall be either approved or disapproved by the Zoning Inspector, in conformance with the provisions of this Ordinance. All zoning permits shall, however, be conditional upon the commencement of work within one (1) year. One (1) copy of the application shall be returned to the applicant by the Zoning Inspector, after such copy is marked as either approved or disapproved and attested to same by the signature of the Zoning Inspector, or his/her designated agent. The Zoning Inspector shall issue a placard, to be posted in a conspicuous place on the property in question, attesting to the fact that the use or alternation is in conformance with the provisions of this Ordinance.
Section 4.05 Submission to the Director of the Department of Transportation
Before any zoning permit is issued affecting any land within 300 feet of the centerline of a proposed new highway or a highway for which changes are proposed as described in the certification to local officials by the Director of the Department of Transportation, the Zoning Inspector shall give notice, by registered or certified mail to the Director of the Department of Transportation. The Zoning Inspector shall not issue a zoning permit for 120 days from the date the notice is received by the Director of the Department of Transportation. If the Director of the Department of Transportation notifies the Zoning Inspector that he shall proceed to acquire the land needed, then the Zoning Inspector shall refuse to issue the zoning permit. If the Director of the Department of Transportation notifies the Zoning Inspector that acquisition at this time is not in the public interest thereof agreed upon by the Director of the Department of Transportation and the property owner, the Zoning Inspector shall, if the application is in conformance with all provision of this Ordinance, issue the zoning permit in conformance with the provisions of Section 4.04 of this Ordinance.
Section 4.06 Record of Zoning Permit
A record of all approved zoning permits shall be kept on file in the Village offices.
Section 4.07 Expiration of Zoning Permits
If the work described in any zoning permit has not begun within one (1) year from the date of issuance thereof, or has not been completed within two (2) years from the date of issuance thereof, said permit shall expire. It shall be revoked by the Zoning Inspector, and written notice thereof shall be given to the persons affected, together with notice that further work as described in the expired permit shall not proceed unless and until a new zoning permit has been obtained or extension granted by the Planning and Zoning Commission.
ARTICLE V
AMENDMENTS
Section 5.01 Power of Village Council
Whenever the public necessity, general welfare or good zoning practice requires, Council may, by Ordinance, after receipt of a recommendation thereon from the Planning and Zoning Commission and subject to the procedures provided by law, amend, supplement or change the regulations, district boundaries or classifications of property now or hereafter established by this Ordinance or amendments thereof. The Planning and Zoning Commission shall submit its recommendation regarding all applications or proposals for amendments or supplements to Council.
Section 5.02 Initiation of Zoning Amendments
Amendments to this Ordinance may be initiated in one of the following ways:
A. By referral of a proposed amendment to the Planning and Zoning Commission by Village Council.
B. By the adoption of a motion by the Planning and Zoning Commission submitting the proposed amendment to Village Council.
C. By the filing of an application by at least one (1) owner or lessee of property, or his designated agent, within the area proposed or affected by the said amendment.
Section 5.03 Contents of Application
An application for amendment shall be transmitted by the applicant to the Zoning Inspector and shall contain the following information:
A. Name, address, and phone number of the applicant.
B. Proposed amendment to the text or, in cases where property is proposed to be placed in a different zoning district, a legal description of the property affected.
C. Present use and district.
D. Proposed use and district.
E. A map showing property lines, streets, existing and proposed zoning, and such other items as the Zoning Inspector may require.
F. A list of all property owners within the 200 feet, contiguous to, and directly across the street from the parcel(s) proposed to be rezoned and their address as appearing on the Fairfield County Auditor's current tax list. The requirement for addresses may be waived when more than ten (10) parcels are proposed to be rezoned.
G. A statement as to how the proposed amendment will impact adjacent and proximate properties.
H. Any other information as may be requested by the Zoning Inspector to determine conformance with, and provide for enforcement of this Zoning Ordinance.
I. A fee as established by the Village Council.
Section 5.04 Recommendation by Planning and Zoning Commission
Upon referral of the proposed Ordinance by Village Council, or the filing of an application by at least one (1) owner or lessee of the property, or their designated agent, said proposed amendment or application shall be transmitted to the Planning and Zoning Commission.
Within sixty (60) days after the first regular meeting of the Planning and Zoning Commission after the receipt of the proposed amendment, the Planning and Zoning Commission shall recommend to Village Council that the amend-ment be approved as requested, or it may recommend that the amendment be denied. In formulating such recommendation, the Planning and Zoning Commission may seek input from interested parties in the form of hearings, meetings, or other methods.
Section 5.05 Action by Village Council
5.05.01 Public Hearing
Before the proposed Ordinance may be passed, the Village Council shall hold a public hearing, and shall give at least thirty (30) days notice of the time and place thereof in a newspaper of general circulation in the Village. If the proposed Ordinance intends to rezone or redistrict ten (10) or less parcels of land, as listed on the tax duplicate, written notice of the hearing shall be made by the Clerk-Treasurer, by first-class mail, at least twenty (20) days before the date of the public hearing to the owners of property within 200 feet or contiguous to, and directly across the street from such parcel or parcels to be redistricted to the address of such owners appearing on the Fairfield County Auditor's current tax list. The failure of delivery of such notice shall not invalidate such proposed Ordinance.
5.05.02 Display of Relevant Materials
During such thirty (30) days, the text or copy of the text of the proposed Ordinance, together with maps, plans, and reports submitted by the Planning and Zoning Commission shall be on file, for public examination, in the Village offices.
5.05.03 Action by Village Council
No such Ordinance which is in accordance with the recommendation submitted by the Planning and Zoning Commission shall be deemed to pass or take effect without the concurrence of at least a majority of the membership of the Village Council. No such Ordinance which violates, differs from, or departs from the recommendation submitted by the Planning and Zoning Commission shall take effect unless passed or approved by not less than three-fourths (3/4) of the membership of the Village Council.
5.05.04 Criteria
In reviewing the proposed amendment and arriving at its decision, the Village Council shall consider the following factors:
A. Compatibility of the proposed amendment with the zoning and use of adjacent land, and with land use plans for the general area.
B. The effect of the adoption of the proposed amendment on motor vehicle access, traffic flow, and the provision of public services in the general area.
C. The effect of the adoption of the proposed amendment upon the public health, safety and general welfare of the residents of the Village.
5.05.05 Effective Date and Referendum
Such amendment adopted by Village Council shall become effective thirty (30) days after the date of such adoption unless within thirty (30) days after the passage of the ordinance there is presented to the Village Clerk a petition, signed by a number of qualified voters residing in the Village equal to not less than ten (10) percent of the total vote cast in such area at the last preceding general election at which a Governor was elected, requesting the Village Council to submit the zoning amendment to the electors of the Village for approval or rejection at the next general election.
No amendment for which such referendum vote has been requested shall be put into effect unless a majority vote cast on the issue is in favor of the amendment. Upon certification by the Board of Elections that the amendment has been approved by the voters, it shall take immediate
effect.
5.05.06 Incorporation onto Zoning Map
If an amendment adopted by Village Council or approved by referendum pertains to a change on the Official Zoning Map, such change shall be incorporated onto the Map by reference to the Ordinance Number and the date of adoption.
ARTICLE VI
APPEALS AND VARIANCES
Section 6.01 Appeals
Appeals concerning interpretation or administration of this Ordinance may be taken by any owner of property or any other party with a substantial interest in the matter who is adversely affected. Such appeal shall be taken within thirty (30) days after the date of the decision, by filing with the Zoning Inspector or with the Clerk-Treasurer of the Village a notice of appeal specifying the decision of the Zoning Inspector from which the appeal is being taken.
Section 6.02 Powers of the Planning and Zoning Commission
The Planning and Zoning Commission shall have the power to authorize, upon appeal in specific cases, filed as hereinafter provided, such variances from the provisions or requirements of the Ordinance as will not be contrary to the public interest. Such variances shall be granted only in cases of exceptional conditions, involving irregular, narrow, shallow, or steep lots, or other exceptional physical conditions of the land, whereby strict application of such provisions or requirements would result in practical difficulty and/or hardship that would deprive the owner of the reasonable use of the land and buildings involved. No variance from strict application of any provision of this Ordinance shall be granted by the Commission unless it finds that the following facts and conditions exist:
A. That there are unique physical circumstances or conditions, including irregularity, narrowness or shallowness of lot size or shape, or exceptional topographical or other physical conditions specific to the land or building for which the variance is sought, and such conditions do not apply generally to land or buildings in the neighborhood or district in which the property is located.
B. That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the Zoning Ordinance and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.
C. That such unreasonable and unnecessary hardship has not been created by the appellant.
D. That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare.
E. That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.
Under no circumstances shall the Planning and Zoning Commission grant an appeal or variance that would allow a use not permissible under this Ordinance in the district involved, or any use expressly or by implication prohibited by the terms of this Ordinance in said district.
Section 6.03 Application for Variance and Appeals
Any person owning or having an interest in property, after being denied a zoning permit, may file an application to obtain a variance or appeal from the decision of the Zoning Inspector, with the Zoning Inspector or the Clerk-Treasurer of the Village, on a form as specified for that purpose. The Zoning Inspector or Clerk-Treasurer shall forward a copy of the application to the Planning and Zoning Commission.
The application for a variance or an appeal shall contain the following information:
A. Name, address, and phone number of the applicant.
B. Legal description of property as recorded in Fairfield County Recorder's office.
C. A map or drawing to approximate scale, showing the dimensions of the lot and any existing or proposed building.
D. The names and addresses of all property owners within 200 feet, contiguous to, and directly across the street from the property, as appearing on the Fairfield County Auditor's current tax list.
E. Each application for a variance or appeal shall refer to the specific provisions of this Ordinance which apply.
F. A narrative statement explaining the following:
1. The use for which variance or appeal is sought.
2. Details of the variance or appeal that is applied for and the grounds on which it is claimed that the variance or appeal should be granted, as the case may be.
3. The specific reasons why the variance or appeal is justified, according to Section 6.02 A-E above.
Section 6.04 Public Hearing by the Commission
Prior to making a decision on the proposed appeal or variance, the Commission may hold a public hearing. If such hearing is held, notice of such hearing shall be given in one (1) or more newspapers of general circulation in the Village at least ten (10) days before the date of said hearing. The notice shall set forth the date, time and place of the public hearing, and the nature of the proposed appeal or variance.
Before holding such public hearing written notice of such hearing shall be mailed by the Clerk-Treasurer, by first-class mail, at least ten (10) days before the day of the hearing to all parties of interest. The notice shall contain the same information as required of notice published in newspapers as specified above. Parties of interest shall include owners of property within 200 feet from, contiguous to, and directly across the street from the property being considered. Failure of delivery of such notice shall not invalidate the findings of the Commission.
Section 6.05 Supplementary Conditions and Safeguards
In granting any appeal or variance, the Planning and Zoning Commission may prescribe appropriate conditions and safeguards in conformity with this Ordinance. Violation of such conditions and safeguards, when made a part of the terms under which the appeal or variance is granted, shall be deemed a violation of this Ordinance and punishable under Section 7.02 of this Ordinance.
Section 6.06 Action by Planning and Zoning Commission
Within sixty (60) days after the first regular meeting of the Planning and Zoning Commission following submittal of an application filed pursuant to Section 6.03 above, the Commission shall either approve, approve with supplementary conditions or disapprove the request for appeal or variance. If the application is approved, or approved with supplementary conditions, the Commission shall make a finding that the reasons set forth in the application justify the granting of the variance that will make possible a reasonable use of the land, building or structure. If the request for appeal or variance is denied, the reasons for such denial shall be noted in writing. The Commission shall transmit a written copy of its decision and findings to the Zoning Inspector, who shall forward such copy to the applicant by first class mail, or in person.
Section 6.07 Relief Through Court of Common Pleas
After action is taken by the Planning and Zoning Commission, the applicant, or other party adversely affected by the action, may seek relief through the Court of Common Pleas. Such appeal must be filed within thirty (30) days from the date of the action by the Commission. A copy of the notice of appeal shall be served on the Clerk-Treasurer of the Village by the aggrieved party within seven (7) days from the date of filing of the appeal.
ARTICLE VII
FEES AND VIOLATIONS
Section 7.01 Schedule of Fees, Charges and Expenses
The Village Council shall establish, by separate ordinance, a schedule of fees, charges, and expenses and a collection procedure for zoning permits, certificates of zoning compliance, appeals, and other matters pertaining to this Ordinance. The schedule of fees shall be posted in the office of the Clerk-Treasurer of the Village, and may be altered or amended only by the Village Council. Until all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any application.
Section 7.02 Violation
7.02.01 Failure to Obtain a Zoning Permit
Failure to obtain a permit or certificate as required by specific sections of this Ordinance shall be a deemed a violation and punishable under Section 7.02.04 of this Ordinance.
7.02.02 Construction and Use to be as Provided in Applications, Plans, Permits, and Certificates
Zoning permits or certificates of zoning compliance issued on the basis of plans and applications approved by the Zoning Inspector authorize only the use, and arrangement set forth in such approved plans and applications or amendments thereto. Any use, arrangement, or construction not in conformance with that authorized shall be deemed a violation of this Ordinance, and punishable as provided in Section 7.02.04 of this Ordinance.
7.02.03 Complaints Regarding Violations
Whenever a violation of this Ordinance occurs, or is alleged to have occurred, any person may file a complaint, in writing. Such complaint shall state fully the causes and basis thereof, and shall be filed with the Zoning Inspector. The Zoning Inspector shall record such complaint, immediately investigate, and take such appropriate action thereon as may be necessary and provided for by this Ordinance.
7.02.04 Penalties for Violation
Violation of the provisions of this Ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in various sections of this Ordinance) shall constitute a misdemeanor. Any person who violates this Ordinance or fails to comply with any requirements thereof, shall, upon conviction, be fined not more than $100 and in addition shall pay all costs and expenses involved in the case. Each day such violation continues, after receipt of violation notice, shall be considered a separate offense. The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided. Nothing herein contained shall prevent the Village from such other lawful action as is necessary to prevent or remedy any violations.
Penalties as above shall apply unless penalties are defined for specific sections of this Ordinance, in which case the penalties so defined in those sections shall apply.
Section 7.03 Void Zoning Permit
A zoning permit shall be void if any of the following conditions exist:
A. The zoning permit was issued contrary to the provisions of this Ordinance by the Zoning Inspector.
B. The zoning permit was issued based upon a false statement by the applicant.
When a zoning permit has been declared void for any of the above reasons by the Planning and Zoning Commission, written notice of its revocation shall be given by certified mail to applicant, sent to the address as it appears on the application. Such notices shall also include a statement that all work upon or use of the building, structure, or land cease unless, and until, a new zoning permit has been issued.
Section 7.04 Failure to Enforce Provisions of Zoning Ordinance
The failure of the Village or any of its duly authorized agents to enforce any provision or violation of this Ordinance shall not be deemed a waiver of the right of said Village or any of its duly authorized agents to subsequently enforce any such provision or violation.
ARTICLE VIII
NONCONFORMITIES
Section 8.01 Intent
Within the districts established by this Ordinance, there may exist lots, structures, and/or uses of land or structures which were lawful before this Ordinance was passed or amended, but which would be prohibited, regulated or restricted under the terms of this Ordinance or future amendments. It is the intent of this Ordinance to permit these nonconformities to continue and to allow their reasonable expansion until such time that they may be removed.
Section 8.02 When Permitted
8.02.01 Existing Land or Buildings
Any use of land or buildings existing on the effective date of this Ordinance may be continued, even though such use does not conform to the provisions herein, so long as such use was lawful at the time that the use or structure was established. No nonconforming building, structure, or use shall be moved, extended, enlarged, reconstructed, or structurally altered, except as specifically provided in this Ordinance.
8.02.02 Construction Commenced
Any property purchased or acquired in good faith for any nonconforming use prior to the adoption of this Ordinance, upon which property the work of changing, remodeling or construction of such nonconforming use has been legally commenced at the time of adoption of this Ordinance, may be used for the nonconforming use for which such changing, remodeling or construction was undertaken, provided that such work is completed within two (2) years from the date of adoption of this Ordinance or amendment thereto making said use nonconforming.
Section 8.03 Substitution
The Planning and Zoning Commission shall allow the nonconforming use of a building or structure to be changed to another nonconforming use of the same or of a more restricted classification, provided no structural alterations except those required by law or ordinance are made.
Section 8.04 Extension
No nonconforming structure or use shall be enlarged, extended, reconstructed, or structurally altered, except as follows:
A. The Planning and Zoning Commission may permit, on a once-only basis, a building containing a nonconforming use to be enlarged to an extent so the resulting building shall be not more than one-hundred- twenty-five percent (125%) of the ground floor area of the existing building or structure devoted to a nonconforming use at the time of enactment of this Ordinance. The Commission shall not authorize an enlargement which would result in a violation of the provision of this Ordinance with respect to a yard or setback affecting any adjoining premises.
B. The expansion or extension of the nonconforming use of land shall be limited to an area consisting of one-hundred-twenty-five percent (125%) of the area enclosing the nonconforming use at the time of enactment of this Ordinance, provided such expansion does not encroach on any yard or setback required for the district in which the nonconforming use is located.
C. No nonconforming building or structure shall be moved in whole or in part to any other location unless such building or structure and the yard and other open spaces provided are made to conform to all of the regulations of the district in which such building or structure is to be located.
D. Any structure which is nonconforming due to its location or configuration on the lot, resulting in lot coverage or yards inconsistent with the requirements of the zoning district where it is located, may be enlarged, extended or structurally altered in a manner that decreases or maintains its existing degree of nonconformity, but in no case shall such structure be enlarged, extended or structurally altered in a manner that increases its degree of nonconformity.
E. Any residential structure which is nonconforming due to the fact of its being in a non-residential zoning district may be enlarged, extended, reconstructed or structurally altered, provided it meets the requirements of the most proximate R-District.
Section 8.05 Discontinuance
A nonconforming use which has been discontinued or abandoned shall not thereafter be returned to a nonconforming use. A nonconforming use shall be considered abandoned whenever any one of the following conditions exist:
A. When the use has been voluntarily discontinued for a period of two (2) years.
B. When the nonconforming use has been replaced by a conforming use.
Section 8.06 Damage and/or Destruction of a Nonconforming Building or Use
When a building or structure, the use or location of which does not conform to the provisions of this Ordinance, is damaged by fire, explosion, act of God, or the public enemy, it may be restored or rebuilt and continued in such nonconforming use, provided that the following conditions are met:
A. the restoration or rebuilding is commenced within six (6) months of the time of damage, and construction is completed within one (1) year, and
B. the damaged or destroyed building was not located in such a manner so as to encroach or intrude on adjacent property, and
C. such restoration or rebuilding would not extend or expand the existing use.
If any part of the damaged or destroyed building encroaches or intrudes on adjacent property, the location of the restored or rebuilt structure is subject to approval by the Planning and Zoning Commission. If the restoration or rebuilding of the structure involves extension or expansion of the use, then the provisions of Section 8.04 shall apply.
Section 8.07 Maintenance and Repair
Nothing in this chapter shall be deemed to prevent normal maintenance and repair of a building or structure containing a nonconforming use. Structural alterations may be made to a building or structure containing a nonconforming use as follows:
A. When required by law.
B. To convert to a conforming use.
C. A building or structure containing residential nonconforming uses may be so altered as to improve interior livability. However, no structural alterations shall be made which exceed the area or height requirements or which would extend into any yard required in the district in which such building is located.
Section 8.08 Nonconforming Lots of Record
In any district where dwellings are permitted, a one-family detached dwelling may be erected on any lot of official record on the effective date of this Ordinance, even though such lot does not comply with the lot area and width requirements of the district in which it is located, provided said lot has a minimum of fifty (50) feet frontage on a public street; and further provided the following conditions are complied with:
A. In any district where dwellings are permitted, two (2) inches may be deducted for each foot that the lot is narrower than the required width for the district. In no case, however, shall any side yard be narrower than three (3) feet.
B. For lots having a depth of less than 100 feet, the depth of the rear yard need not exceed twenty-five percent (25%) of the total depth of the lot, but shall not be less than fifteen (15) feet.
C. Generally, the dwelling shall be placed on the lot in such a manner that the yards are as close as possible to those required in the district in which the lot is located. The Planning and Zoning Commission shall have the authority to determine whether the yards proposed are consistent with this requirement.
ARTICLE IX
RESERVED FOR FUTURE USE
PART TWO
ZONING DISTRICTS
ARTICLE X
STANDARD ZONING DISTRICT REGULATIONS
Section 10.01 Regulation of the Uses of Land or Structures
Regulations pertaining to the use of land and/or structures, and the physical development thereof within each of the zoning districts as established in Article XI, are hereby established and adopted.
Section 10.02 Rules of Application
10.02.01 Identification of Uses
Listed uses are to be defined by their customary name or identification, except as specifically defined or limited in this Ordinance.
10.02.02 Permitted Uses
A. Only a use designated as permitted shall be allowed as a matter of right in any zoning district, and any use not so designated shall be prohibited unless:
1. A permitted use may be added to a zoning district by formal amendment, in conformance with Article V of this Ordinance.
2. An unlisted use may be determined by the Planning and Zoning Commission to be a similar use, pursuant to Sections 10.02.05 of this Article.
B. In residential districts, no more than one (1) permitted use shall exist on any one zoning lot.
10.02.03 Accessory Uses
An accessory use or structure is a subordinate use or structure clearly incidental and secondary to the principal permitted building or use, and located on the same lot with such principal building or use. Accessory uses or structures shall be allowed in accordance with the specific district regulations, and the requirements of this Ordinance.
10.02.04 Conditional Uses
A use designated as a conditional use shall be allowed in the zoning district where the designation occurs, when such use, its location, extent and method of development will not substantially alter the character of the vicinity, or unduly interfere with or adversely impact the use of adjacent lots. To this end, the Planning and Zoning Commission shall, in addition to the development standards for the specific district, set forth additional requirements as will render the conditional use compatible with existing and future use of adjacent lots in the vicinity.
In making such determination, the Planning and Zoning Commission may seek the input of interested parties, including but not limited to adjacent property owners, at public meetings or hearings established for that purpose. If such hearings are held, the notification requirements shall be the same for variances as specified in Article VI of this Ordinance.
10.02.05 Similar Uses
Determination as to whether a use is similar to uses permitted by right shall be considered as an expansion of use regulations of the district and not as a variance applying to a particular situation. Any use found similar shall thereafter be considered as a permitted use in that district.
Applications for zoning permits for uses not specifically listed in the permitted building or use classifications of the zoning district, which the applicant feels qualify as a similar use under the provisions of this Section, shall be submitted to the Planning and Zoning Commission.
Within thirty (30) days after such submittal, the Planning and Zoning Commission shall determine whether the requested use is similar to those uses permitted in the specific district. In order to find that a use is similar, the Planning and Zoning Commission shall find that all of the following conditions exist:
A. Such use is not listed as a permitted or conditional use in another zoning district.
B. Such use conforms to basic characteristics of the district
to which it is to be added and is more appropriate to it than to any other district.
C. Such use creates no danger to health and safety, creates
no offensive noise, vibration, dust, heat, smoke, odor, glare, or other objectionable influences, and does not create traffic congestion to an extent greater than normally resulting from uses listed in the classification to which it is to added.
10.02.06 Development Standards
Development standards set forth shall be the minimum allowed for uses permitted in that district. If development standards
are in conflict with requirements of any other lawfully adopted rule, regulation, or law, the most restrictive standard shall govern.
10.02.07 Development Plan
For particular uses in specific districts, a Development Plan will be cited as required. In such cases, the Development Plan shall be submitted by the applicant at the time of the application for a zoning permit, or at such time when the property is rezoned into that district. The Development Plan shall contain a site plan for the property, drawn to approximate scale, showing all property lines and building outlines, access drives, parking areas, and other notable physical features. The Development Plan shall also show the size, design, materials and location of all signage proposed for the development. The Development Plan shall contain a narrative description of the proposed use, and how such use will impact adjacent residential property
The Development Plan shall be reviewed by the Planning and Zoning Commission and must be approved as a condition for the issuance of a zoning permit. In approving a Development Plan, the Planning and Zoning Commission shall find that the following criteria have been met:
A. The proposed building or use shall have sufficient yard space to provide for adequate parking and screening of adjacent residential areas in accordance with this Article.
B. The Development Plan for the proposed facility has incorporated measures to lessen and/or alleviate adverse impacts on adjacent residential areas and to protect the residential character of such areas.
C. The location, design and operation of the proposed use shall not impose undue adverse impacts on surrounding residential neighborhoods.
10.02.08 Essential Services
Essential Services, as defined and specified in Article II of this Ordinance, shall be permitted in any and all zoning districts within the Village.
ARTICLE XI
ZONING DISTRICTS AND ZONING DISTRICT MAP
Section 11.01 Zoning Districts Established
The following zoning districts are hereby established for the Village of Amanda:
(R-1A, R-1B)) Suburban Residential Districts
(R-2) Old Village Residential District
(R-3) Urban Residential District
(MS) Main Street District
(GB) General Business District
(OVI) Old Village Industrial District
(I) Industrial District
(SU) Special Use District
Section 11.02 Official Zoning District Map
The districts established in Section 11.01 of this Ordinance are shown on the Official Zoning District Map, which together with all notations, references, data, district boundaries and other explanatory information, are hereby adopted as a part of this Ordinance. The Official Zoning District Map shall be identified by the signatures of the Mayor and the Clerk, and shall be on file in the Municipal Building.
Section 11.03 Interpretation of Zoning District Boundaries
Except where referenced and noted on the Official Zoning District Map by a designated line and/or dimensions, the district boundary lines are intended to follow property lines, lot lines, center lines of streets, alleys, streams and/or railroads as they existed at the time of passage of this Ordinance. The Zoning Inspector shall interpret the boundary lines from the Official Zoning District Map. When and if the Zoning Inspector's interpretation of such boundary line is disputed, the final interpretation authority shall rest with the Planning and Zoning Commission.
Section 11.04 Newly Annexed Areas
Territory which is annexed into the Village of Amanda subsequent to the effective date of this Ordinance shall, upon the effective date of the annexation, be zoned into the R-1A District. Within three (3) months from the date of annexation, the Planning and Zoning Commission shall present a zoning plan for the annexed territory to the Village Council. Village Council may hold a public hearing on the proposed zoning plan, as recommended by the Planning and Zoning Commission. After said hearing, Village Council shall approve, or approve with modification, the zoning plan. However, nothing in this Section shall prevent the owner of property within the annexed territory from applying for a zoning amendment, after the effective date of annexation, pursuant to the procedures specified in Article V of this Ordinance.
ARTICLE XII
(R-1A, R-1B) SUBURBAN RESIDENTIAL DISTRICTS
Section 12.01 Purpose
The Suburban Residential Districts are established to provide for new single-family residential development at densities typical of contemporary suburban environments. The R-1A and/or R-1B Districts are to be utilized in newly developed areas on the periphery of the Village that are generally vacant at the time of development, but are capable of being served by public water and sewer.
Section 12.02 Permitted Uses
A. One-family detached dwellings.
Section 12.03 Accessory Uses
A. Accessory buildings or structures customarily associated with single-family residential use, including detached garages or carports, tool or garden sheds, playhouses, swimming pools and tennis courts and similar facilities for primary use by occupants of the principal use of the property on which the facility is located, subject to the requirements of this Ordinance.
B. Home occupations, subject to the requirements of Section 23.02 of this Ordinance.
Section 12.04 Conditional Uses
A. Public parks and open space.
B. Public playgrounds.
Section 12.05 Development Standards
The development standards for the R-1A and R-1B Districts shall be as shown on the chart on the following page:
SUBURBAN RESIDENTIAL DISTRICTS
DEVELOPMENT STANDARDS
R-1A R-1B
MINIMUM LOT AREA 15,000 S.F 10,000 S.F.
15,000 S.F 10,000 S.F.
MINIMUM LOT WIDTH 90 70
90 70
MINIMUM FRONT YARD DEPTH 30 25
30 25
MINIMUM SIDE YARD WIDTH 10 8
10 8
MINIMUM REAR YARD DEPTH 30 25
30 25
MAX. % OF LOT COVERAGE 30% 35%
30% 35%
MIN. BLDG AREA (1 STORY) 1,800 S.F 1,500 S.F.
1,800 S.F 1,500 S.F.
MIN. BLDG AREA (1.5 - 2 STORY) 2,000 S.F. 1,900 S.F.
2,000 S.F. 1,900 S.F.
15,000 S.F 10,000 S.F. 90 70 30 25 10 8 30 25 30% 35% 1,800 S.F 1,500 S.F. 2,000 S.F. 1,900 S.F.
ARTICLE XIII
(R-2) OLD VILLAGE RESIDENTIAL DISTRICT
Section 13.01 Purpose
The R-2 District is established to provide for the continuance of single-family housing within the older portions of the Village of Amanda, and to allow for limited expansion of such uses in appropriate areas, thereby encouraging private reinvestment and revitalization and increasing the diversity of housing choice, while maintaining adequate development standards.
It is recognized that property in the R-2 District is located in the older areas of the Village, and that such areas are likely to be characterized by patterns of mixed land use. Many of these mixed uses are the result of past development practices and might not be allowed under the current provisions of this R-2 District. It is the intent of this Ordinance, and this district in particular, to protect and preserve the basic property rights of such existing nonconforming uses. Specific provisions are made for the continuance, substitution and extension of such use, pursuant to Article VIII of this Ordinance and Section 713.15 of the Ohio Revised Code.
The district can also be used to allow for new development in outlying areas of the Village by meeting standards intended to promote the historic neighborhood character of such new development.
Section 13.02 Permitted Uses
A. One-family detached dwellings.
B. Public parks, playgrounds and open space.
Section 13.03 Accessory Uses
A. Accessory buildings or structures customarily associated with single-family residential use, including detached garages or carports, tool or garden sheds, playhouses swimming pools and tennis courts and similar facilities for primary use by occupants of the principal use of the property on which the facility is located, subject to the requirements of this Ordinance.
B. Home occupations, subject to the requirements of Section 23.02 of this Ordinance.
Section 13.04 Conditional Uses
A. Churches and similar places of public assembly, provided the seating capacity of the sanctuary or main seating area is not more than 300 persons.
B. Day-care centers and schools associated with conditionally permitted churches.
C. Bed-and-Breakfast establishments, subject to the following standards:
1. Structures shall maintain the appearance of a single-family residence and be compatible with surrounding residences, in size and scale
2. The Bed-and-Breakfast establishment shall be owned and operated by the occupant of the premises.
3. Exterior signage shall be limited to a single nameplate not more than twelve (12) square feet in size. No signs shall be internally illuminated
4. Accommodations shall be limited for not more than four (4) rooms.
5. Off-street parking shall not be allowed in the front yard.
Section 13.05 Development Standards
13.05.01 Minimum Lot Area
5,000 square feet.
13.05.02 Minimum Lot Width
Fifty (50) feet of lot width with frontage on a publicly dedicated, improved street or highway.
13.05.03 Minimum Front Yard Depth
Twenty (20) feet, or the distance of the most proximate existing principal structures on the same side of the street and facing thereon within the same block, whichever is less.
13.05.04 Minimum Side Yard Depth
Five (5) feet.
13.05.05 Minimum Rear Yard Depth
Fifteen percent (15%) of lot depth, but not less than twenty (20) feet.
13.05.06 Minimum Area of Principal Building
1,000 square feet of total living area shall be required for a dwelling having one story; 1,200 square feet shall be required for dwellings with one-and-one-half (1 1/2) or two (2) stories.
13.05.07 Lot Coverage
All structures, including accessory structures, shall cover not more than 45% of the area of the lot.
13.05.08 Maximum Building Height
Thirty-five (35) feet.
13.05.09 Additional Requirements for New Lots Developed in the R-2 District
Presently undeveloped areas outside the older portion of the Village may be developed in the R-2 District, subject to the following regulations:
A. Adjacent to R-2 District
The property to be zoned for new R-2 development must be located adjacent to area of the Village zoned in the R-2 District.
B. Development Plan
A Development Plan shall be required for all new residential development within the R-2 District, containing more than five (5) dwelling units. Such Development Plan shall show the proposed layout of all streets, lots and buildings, as well as the location of all public spaces.
C. Garages
All garages shall be located within the rear yard.
D. Street Trees
Street trees shall be required along all new streets developed within R-2 District. Such trees shall be spaced not further than thirty feet (30’) apart and shall be a minimum of twelve feet (12') of overall height or a minimum caliper (trunk diameter measured six inches above the ground) of at least two inches (2") at time of planting. Such trees shall not be of a variety or species listed as undesirable on a listing as approved by Village Council under separate ordinance.
E. Sidewalks
Sidewalks of not less than four (4) feet in width shall be required for both sides of all new streets developed within the R-2 District.
F. Required Open Space
Not less than 20% of the total net developable area of the proposed development shall be dedicated to permanent open space parks, and/or public spaces. Such open space shall be granted to a homeowner's association, or - with the approval of the Village Council - may be granted to the Village. For the purposes of this calculation, net developable area shall mean the area of the site proposed for development, minus public and/or private streets and/or alleys.
ARTICLE XIV
(R-3) URBAN RESIDENTIAL DISTRICT
Section 14.01 Purpose
The Village of Amanda desires to promote a diverse range of housing opportunities, including but not limited to affordable housing, within the Village. Promoting housing diversity includes providing for particular areas at higher residential density typically associated with more urban areas. Apartments, condominiums and manufactured home developments are uses typically associated with such areas. These higher density areas of have unique development characteristics that require special treatment in regard to standards, placement and land use compatibility.
The Urban Residential (R-3) District is established to provide for such areas of higher residential density while encouraging a desirable residential environment, protected from adverse influences, with adequate access for vehicular traffic and circulation. These residential communities shall be developed and located so as to not promote excessive vehicular traffic on streets in adjoining residential areas, and shall provide overall desirability equivalent to that for other forms of residential development.
Section 14.02 Permitted Uses
A. One-family detached dwellings, subject to the standards of the R-2 District.
B. Individual manufactured homes on individual lots, subject to the standards of the R-2 District.
C. Manufactured home communities, as defined in Article II and subject to approval of a Development Plan as cited in Section 10.02.07 of this Ordinance.
D. Manufactured Home subdivisions, as defined by Article II and subject to approval of a Development Plan as cited in Section 10.02.07 of this Ordinance.
E. Multiple family structures having two or more dwellings per structure
F. Senior citizen housing and residential care facilities.
G. Public or private parks.
Section 14.03 Accessory Uses
A. Uses incidental and accessory to permitted uses for exclusive use of the residents, to include common recreational facilities, community swimming pools, and offices for the rental and management of units therein.
B. Temporary buildings for uses incidental to construction work, which shall be removed upon the completion or abandonment of construction work.
C. Home occupations, subject to the requirements of Section 23.02 of this Ordinance.
Section 14.04 Conditional Uses
A. Nursery schools and day care centers.
B. Class I Type A group residential facilities, subject to the requirements of Section 23.03 of this Ordinance.
Section 14.05 Development Standards
14.05.01 Manufactured Home Communities and/or Manufactured Home Subdivisions
A. Water and Sewer
Any development shall be provided with a water and sanitary sewer distribution system, serving each individual housing unit or lot, which is connected to a public water and sanitary sewage system. The design and construction of such distribution systems shall be approved by the Ohio Environmental Protection Agency.
B. Minimum Lot Area
The minimum lot area for any single project shall be ten (10) acres; however, the Planning and Zoning Commission may allow a smaller lot area on a case-by-case basis, following the procedures for a variance pursuant to Article VI. Individual lots within a manufactured home community shall be not less than 4,000 square feet in area. The maximum gross density shall not exceed six (6) dwelling units per acre.
C. Minimum Lot Width
The minimum lot width for any single project shall be not less than 300 feet. Such frontage shall be provided on a publicly dedicated and improved street. The minimum lot width for any individual lot within a manufactured home community shall be not less than thirty (30) feet.
D Minimum Front Yard
The minimum front yard depth for any single project shall be not less than thirty-five (35) feet.
E. Minimum Side Yard / Rear Yard Width
The minimum side and rear yard width for any single project shall be not less than fifty (50) feet from any adjacent property line. The minimum internal spacing of individual units shall be as required by the Ohio Department of Health (ODH)
F. Minimum Rear Yard Depth
The minimum rear yard depth for any project shall be not less than fifty (50) feet. The minimum rear yard depth for any individual lot within a manufactured home community shall be not less than ten (10) feet.
G. Required Open Space and Recreational Areas
At least fifteen percent (15%) of the gross land area for any manufactured home community or multiple-family project shall be reserved for common recreational areas and facilities, such as playgrounds, swimming pools, pedestrian paths, and similar facilities. Such recreational and open space facilities shall be subject to approval by the Planning and Zoning Commission, and shall not be a part of streets and/or parking areas, and shall be closed to motorized traffic, except for service and emergency vehicles. Such areas shall be landscaped, improved and maintained by the owner of the development for the intended uses.
H. Off-Street Parking
Parking spaces shall be provided for two (2) vehicles for each dwelling unit. Such parking spaces may be located on the same lot, or in specially provided common areas located not more than 600 feet from the dwelling which they serve, or some combination thereof. Required parking spaces shall not be provided on public or private streets within and on the perimeter of the community.
I. Access
All projects shall have direct access to a public street or road. Principal vehicular access points shall be designed to encourage effective and efficient traffic flow. Minor streets shall not be connected with streets outside the district in such a way so as to encourage the use of those streets by substantial amounts of through traffic. No individual lot within the community shall have direct vehicular access to a street bordering the development.
J. Streets and Street Layout
All streets or drives providing access to the individual lots in a manufactured home community shall be dimensioned and improved in accordance with the current standards and requirements of the Village of Amanda. The proposed layout of such streets shall be approved by the Planning and Zoning Commission.
K. Storm Drainage
All areas shall be graded and drained so as to minimize standing water and surface runoff. The proposed methods to address standing water and excessive surface runoff shall be submitted by the applicant and approved by the Planning and Zoning Commission.
L. Underground Utilities
All utility lines, including electricity, telephone, and cable television shall be located underground.
M. Consultation and Assistance
In determining the compliance of any development proposal with the above standards,the Planning and Zoning Commission may procure the assistance of an engineer or other professional. In such case, all costs associated with such approval shall be paid by the applicant
14.05.02 Other Permitted Uses
A. Minimum Lot Area
3,500 square feet per dwelling unit for two-family dwellings. 3,000 square feet per dwelling unit for all other multiple-family dwellings.
B. Minimum Lot Width
Eighty (80) feet of frontage on a publicly dedicated and improved street or highway.
C. Minimum Front Yard Depth
Thirty (30) feet.
D. Minimum Side Yard Width
Twenty-five (25) feet.
E. Minimum Rear Yard Depth
Forty (40) feet.
F. Maximum Building Height
Thirty-five (35) feet.
G. Minimum Distance between Buildings
If there are two or more buildings on a single lot, the minimum distance between buildings shall be fifteen (15) feet.
H. Storm Drainage
A plan for accommodating storm drainage, showing storm drainage runoff collection points and methods proposed for transport of storm runoff to a suitable outlet must be submitted to and approved by the Planning and Zoning Commission.
I. Landscaping
If side or rear yards are located adjacent to a R-1 or R-2 District, landscaping and screening of those yards shall be required. Such landscaping and/or screening shall consist of walls, fencing, mounding, natural vegetation or a combination of these elements.
ARTICLE XV
RESERVED FOR FUTURE USE
ARTICLE XVI
(MS) MAIN STREET DISTRICT
Section 16.01 Purpose
The purpose of the Main Street (MS) District is to promote and foster the economic and physical revitalization of downtown Amanda. The standards and requirements of the MS District are based on the following principles:
A. The downtown should contain a healthy mix of land uses. The marketplace - not regulations - should be the primary force driving the mix of downtown uses.
B. The downtown should be particularly receptive to small local-based entrepreneurship and start-up businesses.
C. The maintenance and improvement of the downtown physical environment is important in promoting an active and vital business environment.
D. Development standards and regulations should encourage the adaptive use of older structures.
Section 16.02 Permitted Uses
A. One-family detached dwellings.
B. Administrative and business offices not carrying on retail trade with the public and having no stock of goods maintained for sale to customers including:
1. Insurance agents and brokers and associated services.
2. Professional, legal, engineering and architectural services, not including the outside storage or equipment.
3. Accounting, auditing and other bookkeeping services.
C. Retail Stores primarily engaged in selling merchandise for personal or household consumption including:
1. Food and food products, consisting of grocery, meat, fish, fruit or vegetable markets or combinations thereof;.
2. General merchandise, including limited price variety stores, furniture stores, and other similar stores selling a variety of general merchandise.
3. Similar retail stores, including: drug stores, florists, gift and novelty stores, books and newspapers, camera, photographic and optical goods, jewelry, antique stores, specialty stores, and other retail establishments which conform to the purpose of the Village Center District.
D. Personal Services, involving the care of the person and his/her personal effects, including consumer services generally involving the care and maintenance of tangible property or the provision of tangible services for personal consumption including:
1. Restaurants.
2. Banks, savings and loans, and credit agencies.
3. Barber and beauty shops.
4. Medical and dental offices and clinics
5. Funeral services
6. Self-service laundries and/or dry-cleaning establishments.
7. On-premises duplication facilities.
E. Business Services engaged in the providing of services to business establishments on a free or contract basis, consulting services, protective services, office equipment rental, lease or purchase, commercial research and development.
F. Community facilities such as governmental offices, post office, libraries, museums, private schools, public parks and similar uses.
G. Churches and similar places of public assembly, provided the seating capacity of the sanctuary or main seating area is not more than 300 persons.
H. Bed-and-Breakfast establishments, subject to the standards of the R-2 District.
I. Fraternal and/or private clubs, including American Legion, Elks, Moose and other similar organizations.
J. Similar Uses, which conform to the purpose of the Main Street (MS) District, as determined by the Planning and Zoning Commission in accordance with the provisions of Section 10.02.05 of this Ordinance.
Section 16.03 Conditional Uses
A. Two or more family residences as a principal or accessory use, subject to the following:..
1. Each living unit shall have a minimum of 900 square feet in area for one bedroom units, and 1,000 square feet for two-bedroom units.
2. No living units shall be on the ground floor of any existing structure.
3. Plans for the conversion of existing structures shall be approved by the Planning and Zoning Commission prior to the approval of any zoning permit.
B. New two or more family residences, provided the development standards of the R-3 District are met, and a Development Plan, pursuant to Section 10.02.07 of this Ordinance, is approved by the Planning and Zoning Commission.
C. Garages and automotive repair, provided inoperable vehicles are not stored in the front or side yard setback.
D. Public parking areas, provided a ten (10) feet front setback from all property lines is maintained.
E. Processing, assembly and/or packaging of products or materials, provided such operations are carried out totally within the building, such operations do not produce levels of noise or odors perceptible outside the building, and such use promotes the purpose of the MS District as stated in Section 16.01 above.
F. Automobile and vehicle servicing establishments, provided parking for vehicles is located in the side or rear yard.
G. Similar small business uses consistent with the purposes of the MS District, subject to the approval of the Planning and Zoning Commission, pursuant to Section 10.02.05 of this Ordinance.
Section 16.04 Development Standards
16.04.01 Lot Area
No minimum lot area is required.
16.04.02 Lot Width
No minimum lot width is required.
16.04.03 Setbacks
The distance between any building or structure and the right-of-way line of any public street shall be not greater than that of the most proximate building on the same side of the street. No minimum side yard setback shall be required, unless the building or structure is located adjacent to a single-family residence or any R District, in which case the setback shall be twenty (20) feet.
16.04.04 Maximum Building Size
Individual uses within the MS District shall have a usable ground floor area of not more than 4,000 square feet, unless the use is located in an existing building, in which case such restriction shall not apply.
16.04.05 Parking and Loading
All parking and loading areas in the MS District shall be located in the side or rear yards.
16.04.06 Manufactured / Modular Buildings
The use of manufactured and/or modular buildings for business purposes shall be prohibited.
16.04.07 Property Maintenance
No owner of a property or structure in the MS District shall by willful neglect, fail to provide sufficient and reasonable care, maintenance and upkeep to such property or structure. For the purposes of this Section, maintenance and upkeep shall include keeping exterior surfaces free from debris, garbage, noxious weeds, or free from hazardous objects or conditions such as holes, broken concrete, broken glass, and dead or dying trees or vegetation.
16.04.08 Trash and Garbage Control
All trash and garbage shall be stored in container systems which are located and enclosed so as to effectively screen them from view.
16.04.09 Residential Building Conversion
Existing single-family residences within the MS District may be converted to another permitted use, provided the following requirements are followed:
A. Structures shall maintain the appearance of a single-family residence and be compatible with surrounding residences, in size and scale
B. Lighting shall be limited to those types customarily found in residential neighborhoods. Any lights shall be arranged so as not to shine on adjacent properties.
C. Exterior signage shall be limited to a single nameplate not more than two (2) square feet in size. No sizes shall be internally illuminated
D. Storage of materials and equipment shall be within an enclosed building.
ARTICLE XVII
(GB) GENERAL BUSINESS DISTRICT
Section 17.01 Purpose
The General Business District is established to provide areas for the growth of a broad range of commercial and business uses. These uses, by their nature, may increase traffic congestion on abutting public roadways and cause impacts on adjacent uses. The intent of the GB District is to encourage the most compatible relationship between permitted uses and overall traffic movement within the Village, while minimizing negative impacts on adjacent land uses.
Section 17.02 Permitted Uses
A. Any use or structure specified as a permitted or conditional use in the MS District.
B. Commercial recreational facilties such as community and public swimming pools, skating rinks, bowling alleys, physical fitness centers.
C. Lumber and home improvement sales.
D. Motor vehicle sales and service establishments.
E. Hotels and motels.
F. Garden centers.
G. Carry out food and beverage establishments with drive-through facilities.
H. Self-service storage facilities
I. Similar uses, as determined by the Planning and Zoning Commission, in accordance with the provisions by Section 10.02.05 of this Ordinance.
Section 17.03 Conditional Uses
A. Self-service car washes, provided a Development Plan is approved, pursuant to Section 10.02.07 of this Ordinance.
B. Temporary or seasonal outdoor sales lots having a maximum operating duration of four (4) months or less, provided a Development Plan, including a plan for all signage, is approved pursuant to Section 10.02.07 of this Ordinance, and all other permits are obtained.
Section 17.04 Development Standards
17.04.01 Minimum Lot Area
No minimum lot area is required; however, lot area shall be adequate to provide for the required parking and yard areas.
17.04.02 Minimum Lot Width
150 feet of frontage on a publicly dedicated and improved street or highway.
17.04.03 Minimum Front Yard Depth
Forty (40) feet.
17.04.04 Minimum Side Yard
A. When abutting a non-residential zoning district:
Twenty (20) feet for structures, ten (10) feet for paved areas.
B. When abutting a residential zoning district:
Fifty (50) feet for structures, thirty-five (35) feet for paved areas.
17.04.05 Minimum Rear Yard
A. When abutting a non-residential zoning district:
Thirty (30) feet for structures, ten (10) feet for paved areas.
B. When abutting a residential zoning district:
Fifty (50) feet for structures, thirty-five (35) feet for paved areas.
17.04.06 Parking and Loading
Parking and loading requirements shall be as specified in Article XXIV. In addition, parking spaces shall be designed to allow a minimum of five (5) feet between any structure and any parked vehicle.
17.04.07 Screening
If side or rear yards are adjacent to property in which single family residences are a permitted use, the screening of such yards shall be required. Such screening shall consist of fences, walls or landscaping as approved by the Planning and Zoning Commission.
17.04.08 Lighting
All exterior lighting shall be designed and arranged so as to not shine light directly on any adjacent property in which single-family residences are a permitted use.
17.04.09 Trash and Garbage Control
All trash and garbage shall be stored in container systems which are located and enclosed so as to effectively screen them from view.
ARTICLE XVIII
(OVI) OLD VILLAGE INDUSTRIAL DISTRICT
Section 18.01 Purpose
The OVI District is established to provide for the continuance of existing industrial uses within the older portions of the Village of Amanda, thereby encouraging private reinvestment and revitalization in such areas, while maintaining adequate development standards. It is the intent of this Ordinance, and this District in particular, to protect and preserve the basic property rights of such existing industrial uses, while promoting the compatibility of such uses with adjacent neighborhoods. The provisions of the OVI District are specifically intended to promote the continuance, substitution and extension of existing nonconforming industrial uses, pursuant to Article VIII of this Ordinance and Section 713.15 of the Ohio Revised Code.
Permitted uses within the OVI District shall comply with the following standards:
A. Fire and Explosion Standards
All activities, including storage, involving flammable or explosive material shall comply with regulations as enforced by the Ohio State Fire Marshal. All standards enforced by the Occupational Safety and Health Administration shall be adhered to. Burning of waste materials in open fire is prohibited, as enforced by the Ohio Environmental Protection Agency (OEPA)
B. Air Pollution
No emission of air pollutants shall be permitted which violates the Clean Air Act as enforced by the OEPA.
C. Glare, Heat and Exterior Light
Any operation producing intense light or heat, such as high temperature processes like combustion, welding, or otherwise, shall be performed within and enclosed building and not be visible beyond the lot line bounding the property whereon the use is conducted.
D. Liquid or Solid Wastes
No discharge at any point into any public sewer, private sewage disposal system, or stream, or onto the ground, of any materials of such nature or temperature as may contaminate any water supply or interfere with bacterial processes in sewage treatment, shall be permitted. The standards of the OEPA shall apply.
E. Vibration and Noise
No uses shall be located and no equipment shall be installed in such a manner as to produce intense, earth shaking vibration which is discernable without instruments at or beyond the property line of the subject premises. Noise standards of the OEPA shall be adhered to.
F. Odors
The applicable standards of the OEPA shall be adhered to.
G. Open Storage and Display of Material and Equipment
The open storage and display of material and equipment incidental to permitted uses shall be permitted, provided the area used for open storage shall be effectively screened and fenced from all adjoining properties in any residential district. Walls or fences shall be a minimum of six (6) feet in height without advertising thereon, and shall contain gates, locks and/or other appurtenances so as to prevent illegitimate access.
Section 18.02 Permitted Uses
A. Manufacturing, compounding, processing, assembling, packaging, or treatment of goods, materials, and products, consistent with the purpose of the OVI District.
B. Warehousing, wholesale establishments, manufacturing retail outlets, distribution and related uses, including truck and transfer terminals.
C. Administrative, professional and business offices associated with and incidental to another permitted use.
D. Similar uses, as determined by the Planning and Zoning Commission, in accordance with the provisions of this Ordinance, and the purposes of the Old Village Industrial District.
Section 18.03 Minimum Development Standards
18.03.01 Minimum Lot Area
No minimum lot size is required; however sufficient area shall be provided to meet the requirements of 18.03.02 through 18.03.05 below.
18.03.02 Minimum Lot Width
No minimum lot width is required; however, all lots shall abut a publicly dedicated and improved street and shall have adequate width to provide for yard spaces and parking areas.
18.03.03 Side Yards
When abutting a residential zoning district, twenty-five (25) feet.
18.03.04 Front Yard Depth
Front yard depth shall be equal to or more than the average of the five (5) nearest structures on the same side of the street. In those cases where there are no structures on those properties adjacent to the subject property, the front yard depth shall be not less than twenty-five (25) feet from the right-of-way of the street on which the property has frontage. i
18.03.05 Minimum Rear Yard Depth
Minimum rear yard depth shall be at least twenty-five (25) feet.
18.03.06 Height
No structure shall exceed a height of forty (40) feet.
18.04.07 Trash and Garbage Control
All trash and garbage shall be stored in container systems which are located and enclosed so as to effectively screen them from view.
ARTICLE XIX
(I) INDUSTRIAL DISTRICT
Section 19.01 Purpose
The purpose of the Industrial District is to provide suitable areas for a the development and expansion of a range of industrial activities, particularly on the periphery of the older Village, while protecting the character of nearby residential and commercial areas. Permitted uses within the Industrial District must operate:
A. primarily within enclosed structures.
B. with minimal adverse environmental or economic impact on adjacent properties.
C. free from noise, odor, dust, smoke, light, glare or vibration at levels in excess of the average level on adjacent streets and properties.
D. without imposing unusual burdens upon utility or governmental services.
Section 19.02 Permitted Uses
A. Light manufacturing, compounding, processing, assembling, packaging, or treatment of goods, materials, and products, consistent with the purpose of the I District.
B. Warehousing, distribution and related uses, including truck and transfer terminals.
C. Administrative, professional and business offices associated with and incidental to another permitted use.
D. Similar uses, as determined by the Planning and Zoning Commission in accordance with the provisions of Section 10.02.05 of this Ordinance, and the purpose of the Industrial District.
Section 19.03 Conditional Uses
A. Motor vehicle storage and salvage yards, provided those uses meet applicable state requirements related to fencing and other standards, and a Development Plan is approved pursuant to Section 10.02.07 of this Ordinance.
B. Contractor equipment and storage yards, provided adequate fencing and screening devices are installed.
C. Quarrying or mining operations, provided that all County, State and federal regulations are met and licenses are obtained and a Development Plan is approved pursuant to Section 10.02.07 of this Ordinance.. The Planning and Zoning Commission may impose additional requirements as may be reasonable and appropriate.
D. Structures and sites associated with drilling for oil and/or natural gas.
E. Sanitary landfills and similar facilities for the processing and/or disposal of waste materials, provided that all required licenses and permits are obtained and a Development Plan is approved pursuant to Section 10.02.07 of this Ordinance.. The Planning and Zoning Commission may impose additional requirements as may be reasonable and appropriate..
Section 19.04 Minimum Development Standards
19.04.01 Minimum Lot Area
No minimum lot size is required; however, all principal and subordinate uses and structures, including parking and paved areas, shall be located not less than 300 feet from any district where residences are a permitted use, and not less than fifty (50) feet from any other zoning district.
19.04.02 Minimum Lot Width
No minimum lot width is required; however, all lots shall abut a publicly dedicated and improved street and shall have adequate width to provide for yard spaces and parking areas.
19.04.03 Side Yards
When abutting a non-residential zoning district, fifty (50) feet for structures, twenty-five (25) feet for paved areas:
When abutting a residential zoning district, 150 feet for structures, fifty (50) feet for paved areas, subject to the requirements of Section 19.04.01 above.
19.04.04 Front Yard Depth
Any new structure or parking area must be located not less than 100 feet from the centerline of the road or highway on which the use has frontage.
19.04.05 Minimum Rear Yard Depth
Minimum rear yard depth shall be required so as to meet the spacing requirements of Section 19.04.01 of this Ordinance.
19.04.06 Height
No building shall exceed a height of forty-five (45) feet.
19.04.07 Fencing and Screening
Any area used for open storage related to a permitted or conditional use shall be effectively fenced from all adjoining properties. Walls or fences shall be a minimum of six (6) feet in height without advertising thereon, and shall contain gates, locks and/or other appurtenances so as to prevent illegitimate access. In addition, if side or rear yards are adjacent to property in any R District, the screening of such yards, using fencing or landscaping shall be required. Such landscaping shall consist of walls, fences, mounds, natural vegetation or a combination of these elements, as approved by the Planning and Zoning Commission.
19.04.08 Trash and Garbage Control
All trash and garbage shall be stored in container systems which are located and enclosed so as to effectively screen them from view.
ARTICLE XX
(SU) SPECIAL USE DISTRICT
Section 20.01 Purpose
“Special use”, as used throughout this Ordinance, means facilities classified as main and accessory uses listed in Section 20.02. The SU District and regulations are established in order to achieve the following purposes:
A. To regulate the location and standards for development of such facilities so as to ensure their proper functioning in consideration of traffic, access, and general compatibility
B. To protect listed facilities and uses from the encroachment of particular incompatible uses and to promote their compatibility with adjoining residential uses
Section 20.02 Permitted Uses
Buildings and land within the SU District shall be utilized only for the uses set forth in the following schedule:
MAIN BUILDINGS / USES ACCESSORY BUILDINGS / USES
Institutional and/or Educational: Parking areas, playgrounds, signs
Parking areas, playgrounds, signs
Public buildings, museums, primary
and secondary public, private or parochial
schools, nursery schools.
Large Public Assembly Areas:
Churches, synagogues, arenas/stadiums, Parking areas, signs.
commercial and/or similar facilities
with a seating capacity of over 300 persons,
Health Care: General and special Parking areas, signs.
hospital and clinics, convalescent
centers, institutions for care of
children or senior citizens.
Senior Citizen Housing: Retirement Parking areas, signs.
centers, extended care facilities.
Commercial Recreational Facilities: Parking areas, clubhouses,
Private parks, golf courses, swim clubs, administrative and maintenance
recreation fields, playgrounds, and structures, signs.
similar facilities, not including such
facilities developed for private use by
occupants or residents of the premises.
Cemeteries: Signs, maintenance facilities,
Communication: Telecommunications,
commercial radio and television antennae/towers
Section 20.03 Development Standards
The area or parcel of land for a special use shall not be less than that required to adequately provide for the main building, accessory buildings and uses, off-street parking, set backs, yards and open spaces to accommodate the facility and maintain the character of the neighborhood. The suitability of the area or parcel of land for a permitted special use shall be approved by the Planning and Zoning Commission through review of the Development Plan, pursuant to Section 10.02.07.
Section 20.04 Yard Regulations
A. Front Yards
The front yard setback shall be not less than the largest required front yard setback for any adjacent zoning district.
B. Side and Rear Yards
The yards for each building or structure in the SU District shall be not less than the criteria set forth in the following schedule when adjacent to any district where residences are a permitted use.
MAIN BUILDING / USES MINIMUM SIDE/REAR YARDS (FT)
Institutional and/or Educational: 75
75
Large Public Assembly Areas: 150
: 150
Health Care: Buildings 50
Buildings 50
Senior Citizen Housing; 50
50
Communication: Antennas or 100% of the height
Antennas or 100% of the height
antenna towers
Commercial Recreational Facilities:
Buildings 75
If the proposed special use is located adjacent to a non-residential zoning district, then the side and rear yards shall be not less than the largest yard required in that district. If side or rear yards are adjacent to a district where single-family residential uses are a permitted use, the screening or buffering of such yards shall be required.
Section 20.05 Approval By Planning and Zoning Commission
In addition to the material required for the application for a zoning amendment, as specified in Section 5.03 of this Ordinance, a Development Plan shall be submitted for land proposed to be zoned into the SU District. Such Development Plan shall include all the information and material required pursuant to Section 10.02.07 of this Ordinance..The construction of all buildings and development of the site within the SU District shall be in conformity and compliance with the approved Development Plan. In making its recommendation to Village Council, the Planning and Zoning Commission may specify additional conditions to be made part of the approval.
Section 20.06 Action by Village Council
In approving the redistricting of land into the SU District, Village Council may specify appropriate conditions and safeguards applying to the specific proposed facility.
ARTICLE XXI
RESERVED FOR FUTURE USE
PART THREE
ADDITIONAL ZONING REQUIREMENTS
ARTICLE XXII
GENERAL DEVELOPMENT STANDARDS
Section 22.01 Lot Width
A. Frontage Required
No building, structure, or improvement shall be constructed or altered unless its lot fronts on a publicly dedicated and improved street or thoroughfare within the Village.
B. Lot Width
Lot width shall be measured along the minimum building setback line for the district within which such lot is located. On curved streets, the chord distance shall be used in calculating lot width.
Section 22.02 Front Yards
A. Front Yard Requirements
Front yards shall be maintained in a neat and orderly state and kept free of trash and debris. In all districts, driveways may be located in front yards.
B. Front Yard Measurements
Front yard depth shall be measured from the right-of-way line of the street or highway to the building line.
C. Open Porches
An open, uncovered porch or paved terrace may project into the required front yard for distance of not greater than twelve (12) feet.
D. Architectural Features
Cornices, canopies, eaves, pilasters, sills or other architectural features may project into a front yard no more than three (3) feet.
E. Corner Lots
Lots fronting on more than one street shall provide the required front yard on both streets. Setbacks for one (1) of the other two (2) sides of the corner lot shall be as required for the rear yard in the district where the lot is located.
Section 22.03 Side Yards
A. Measurement
Side yard width shall be measured from the nearest side lot line to the building line.
B. Accessory Uses or Structures
Accessory uses or structures may be allowed in a rear yard, subject to requirements of Section 23.01.
C. Open Porches
In a residential district, an open, uncovered porch or paved terrace may project into a required side yard, if a minimum of three (3) feet is maintained to any adjoining lot line.
D. Architectural Features
Cornices, canopies, eaves, pilasters, sills or other architec-tural features may project into a side yard no more than three (3) feet with minimum of two (2) feet maintained to any adjoining lot line.
Section 22.04 Rear Yards
A. Measurement
Rear yard depth shall be measured from the rear lot line to the building line. Where a lot abuts a service street or alley, the rear yard shall be measured from the right-of-way line of the existing street or alley.
B. Accessory Uses or Structures
Accessory uses or structures may be allowed in a rear yard, subject to requirements of Section 23.01.
C. Architectural Features
Cornices, canopies, eaves, pilasters, sills or other architectural features may project into a rear yard no more than three (3) feet with a minimum of two (2) feet maintained to any adjoining lot line.
Section 22.05 Height
Height regulations specified in the various zoning districts shall not apply to chimneys, tanks, cupolas, silos, domes, spires, antennae or similar structures.
ARTICLE XXIII
ADDITIONAL RESIDENTIAL DISTRICT STANDARDS
Section 23.01 Accessory Buildings and/or Structures
"Accessory building or structure" shall mean a structure and/or use which is subordinate, secondary, and incidental to the principal building or use and is located on the same lot as the principal building or use. Residential accessory structures include detached garages, tool and garden sheds, tennis courts, swimming pools and similar facilities. Such accessory structures are subject to the following additional requirements:
A. In the R-1, R-2, and R-3 Districts, no separate accessory structure can be erected on a vacant lot, or any lot where there is no principal residential structure, without the specific approval of the Planning and Zoning Commission. Such approval, if granted, shall specify the conditions under which such accessory building can be erected.
B. An accessory use or structure shall not exceed eighteen (18) feet in height.
C. An unattached accessory structure shall be located within any side or rear yard. Such accessory structure shall be constructed not closer to the side lot line than the side yard requirement of the district where it is located, and not less than ten (10) feet from the rear lot line, unless such lot backs unto a dedicated right-of-way or alley, in which case such setback shall not be less than five (5) feet from such right-of-way or alley.
D. The use of all accessory structures shall conform to the definition above, and no accessory structure shall be used for human habitation, or for commercial purposes.
Section 23.02 Home Occupations
Home occupations shall be considered as an accessory or conditional uses as specified in the respective zoning districts. In addition, all home occupations shall comply with the following standards:
A. The use shall be clearly incidental and secondary to residential use of the dwelling and not more than twenty-five percent (25%) of dwelling unit floor area is devoted to the home occupation.
B. The home occupation shall not generate greater vehicular traffic volume than is normal for a residential neighborhood.
C. The home occupation shall be performed by the occupant of the premises. Not more than two (2) persons, other than immediate family residing at the premises, shall be employed in such occupation.
D. External indication of such home occupation shall be limited to one non-illuminated sign, not more than twelve (12) square foot in area.
E. No equipment or process shall be used in the home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to normal senses off the lot, particularly during non-daylight hours.
F. No home occupation shall involve the uncovered exterior storage of equipment or inventory.
Generally, home occupations shall be regulated not by the specific activity performed, but rather by the presence of external impacts that may affect the residential character of the surrounding area. In particular, a home occupation shall consist primarily of rendering specific personal services. Examples would include a salesperson, member of the clergy, lawyer, engineer, architect, real estate consultant, accountant, artist, computer or telecommunications worker or private teacher.
Section 23.03 Group Residential Facilities
"Group residential facilities" shall be defined and classified in Article II of this Ordinance. A Class I Type B group residential facility, as defined in Article II, is permitted by right in any zoning district that permits single-family dwel-lings. A Class I Type A group residential facility shall be considered as a con-ditional use in the R-3 and GB Districts, subject to the standards below. A Class II Type A or Type B group residential facility shall be treated as a conditional use in the GB District subject to the standards below:
A. The facility shall obtain all approvals and/or licenses as required by state and local laws.
B. The facility shall provide 24-hour supervision by trained and qualified professional personnel.
C. No exterior alterations of the structure shall be made which would be inconsistent with the residential character of the residential structures in the surrounding neighborhood.
D. The facility shall comply with the district regulations applicable to other properties in the zoning district in which they are located.
E. Such facilities shall be required to provide appropriate sleeping quarters without using normal living areas, such as living rooms, dining room or kitchen for sleeping.
F. Such facilities shall meet all applicable local and/or state building, safety and fire safety requirements for the proposed use and level of occupancy.
G. Such facilities shall be reasonably accessible, by virtue of location or transportation provided by the applicant, to medical, recreational and retail services, and employment opportunities.
H. The applicant shall provide a plan indicating the manner in which the facility will maintain contact with neighborhood residents, including a structured procedure whereby their grievances may be filed and resolved.
ARTICLE XXIV
OFF-STREET PARKING AND LOADING REQUIREMENTS
Section 24.01 Purpose
The purpose of these requirements is to encourage the orderly develop-ment of parking areas within the Village and to promote the safety of residents and visitors by insuring the efficient handling of vehicular traffic.
Section 24.02 Provision for Parking and Loading Required
In all zoning districts, at the time any building, structure or use is changed, established, erected, developed, or is enlarged or increased, off-street parking and loading shall be provided in accordance with the provisions of this Article.
Section 24.03 General Requirements
24.03.01 Access
All off-street parking and loading areas provided in accordance with this Section shall have direct access to a publicly dedicated and improved street or alley.
24.03.02 Surfacing
All off-street parking and loading areas, except for parking areas serving single-family residential uses, shall be properly graded, drained, marked and surfaced so as to provide a hard, durable and dustless surface.
24.03.03 Lighting
Any lighting used to illuminate any off-street parking or loading area shall be so arranged as to reflect light away from any adjoining premises in any zoning district where residences are a permitted use. In addition, such lighting shall be so arranged as to not interfere with traffic on any adjoining street or to be confused with any traffic control lighting.
24.03.04 Location of Parking and Loading Spaces
A five (5) foot clear zone shall be maintained between the street right-of-way line, and any vehicle. Parking areas
shall be so designed and arranged as to not allow the protruding of any vehicle, or portion thereof, over the clear zone.
Section 24.04 Parking Limitations in Residential Districts
24.04.01 Parking of Recreational Equipment.
Travel trailers, motor homes, pick-up campers, folding tent trailers, boats or boat trailers, utility trailers and similar equipment shall not be parked on streets or alleys in any district where residences are a permitted use, for a period of time exceeding seventy-two (72) hours. In addition, the storage of such equipment shall be subject to the following requirements:
A. Not more than two (2) pieces of recreational equipment shall be permitted to be stored outside on a parcel containing a single family or two-family dwelling. For the purpose of this Section, a boat stored on a boat trailer shall be deemed one piece of recreational equipment. All recreational equipment shall be stored in the side or rear yards.
B. Recreational equipment shall not be occupied or used for living, sleeping, housekeeping, storage or business purposes on a regular basis.
24.04.02 Parking of Inoperable or Disabled Equipment or Vehicles.
The exterior parking or storage of any inoperable or disabled piece of equipment or vehicle for a period of time exceeding thirty (30) consecutive days shall be prohibited, outside of an approved junk yard licensed and regulated pursuant to Section 4737.05 through 4735.12 of the Ohio Revised Code.
The Village of Amanda reserves the right to remove junk cars from private property following procedures and standards cited in Section 4513.65 of the Ohio Revised Code.
Section 24.05 Parking in the Main Street District
The Main Street (MS) District is characterized by higher development density, small lots, and minimal building setbacks. Historically, a significant portion of the parking needs of this area has been provided by on-street parking, an option that is typically not available for suburban-type locations. For this reason, special parking regulations are warranted.
For non-residential uses located within the MS District, the required number of parking spaces as specified in Section 24.06 below shall not apply, provided that in all cases, sufficient off-street spaces shall be provided for all employees of the establishment.
Section 24.06 Required Number of Off-Street Parking Spaces
Parking spaces shall be provided according to the following schedule of uses. If a use consists of more than one component use (e.g., a school with a stadium) the required number of parking spaces shall be the sum of the required spaces for those component uses. The Planning and Zoning Commission reserves the right to establish the number of required off-street spaces for specific uses not listed. In making such determination, the Commission shall compare the proposed unlisted use with similar type listed uses.
Section 24.06 SCHEDULE OF REQUIRED OFF-STREET SPACES
USE NUMBER OF REQUIRED SPACES
A. Residential
1. Single or multiple- family residences Two (2) per dwelling unit
2. Institutional housing, other residential uses One (1) per three (3) occupants plus two (2) for each main work shift
B. Commercial
1. Professional, administrative and business One (1) for each 400 S.F. of gross floor area.
2. Food, department, general merchandise, One (1) for each 300 S.F. of gross floor area
hardware, drugs, or other retail sales
3. Eating or drinking establishments without One(1) for each 100 S.F. of gross floor area
drive-through facilities
4. Eating or drinking establishments with One (1) for each 75 S.F. of gross floor area
drive-through facilities. plus additional space in the drive-through
lanes equal to twenty-five percent (25%) of
the required number of parking spaces.
5. Personal services, including banks, savings One (1) for each 300 S.F. of gross floor area.
and loans, and repair services without drive-
through facilities.
6. Personal services, including banks, savings One (1) for each 300 S.F. of gross floor area.
and loans, and similar services with drive- plus additional space in drive-through lanes equal to
through facilities eighty percent (80%) of the required number of park- ng spaces.
7. Barber and beauty shops Two (2) for each work station
8. Gasoline and service stations, automobile Two (2) for each service bay plus one (1) for each
service pump, plus one (1) for each employee during the
main shift
9. Self-serve laundries One (1) for each three(3) washers.
10. Medical and dental offices, human clinics Four (4) for each doctor or dentist
11. Veterinary clinics, animal hospitals Three (3) for each doctor.
12. Hotels, bed-and-breakfast establishments One (1) for each sleeping room plus one (1) for each
employee during the main shift
13. Funeral homes One (1) for each 400 S.F. of gross floor area.
Section 24.06 SCHEDULE OF REQUIRED OFF-STREET SPACES (continued)
USE NUMBER OF REQUIRED SPACES
C. Industrial
1. Any manufacturing, processing, packaging, Two (2) for each three (3) employees during work
warehousing, distribution or service industry shift having greatest number of employees, plus one
(1) for each vehicle maintained on the premises.
D. Institutional
1. Churches and places of public worship One (1) for each four (4) seats in main sanctuary
2. Public or private elementary or secondary Four (4) for each classroom, or one (1) for each
school in main auditorium, whichever is greater.
3. Business, trade, or technical school, college One (1) for each two (2) students and one (1) for
or university each faculty member.
4. Nursery School/Day Care One (1) for each fifteen (15) students
5. Libraries, museums, community centers One for each 400 SF of gross floor area
and similar facilities
6. Civic, social and fraternal organizations One (1) for each three (3) persons allowed in main
meeting room at full capacity.
7. Hospitals, nursing facilities One (1) for each four (4) beds plus one (1) per
employee on main shift.
E. Recreational
1. Baseball, softball, football, soccer or similar Twenty (20) for each playfield, plus one for each
organized sport playfield six (6) seats in stands.
2. Tennis, handball or racquetball courts Three (3) for each court
3. Bowling alleys Four (4) per lane, plus necessary spaces as required for
auxiliary uses such as restaurants.
4. Theatres, stadiums, sports arenas, auditoriums One (1) for each four (4) seats
or other assembly halls other than schools
5. Indoor recreational facilities in which seating One (1) for each three (3) persons allowed in main
is secondary to the principal use, e.g., roller . room/area at full capacity
rinks and similar venues.
ARTICLE XXV
RESERVED FOR FUTURE USE
ARTICLE XXVI
ADULT ENTERTAINMENT FACILITIES
Section 26.01 Purpose
The purpose of this Article is to promote the public health, safety and welfare through the regulation of adult entertainment businesses. It is the intent of this Article to regulate businesses, as defined herein, in such a manner as to prevent the erosion of the character of the surrounding neighborhoods and to prohibit the establishment of such businesses within close proximity to existing adult entertainment businesses, residential areas, schools, churches, parks and playgrounds within the Village.
Section 26.02 Definitions
A. “Adult Entertainment Facility” means any establishment which is involved in one or more of the following listed categories.
1. “Adult Book Store” or "Adult Video Store" means a commercial establishment which as one of its principal business purposes offers for sale or rental , or for the purpose of display by coin or slug-operated, or motion picture machines, projectors, or other image-producing devices, or both, books, magazines, other periodicals, films, tapes and cassettes which are distinguished by their emphasis on “specified sexual activities” or “specified anatomical areas” as defined below.
2. “Adult Motion Picture” means a facility for the display of motion pictures which is regularly used or utilizes fifteen percent (15%) or more its total viewing time for presenting material distinguished or characterized by an emphasis to “specified sexual activities” or “specified anatomical areas,” for observation by patrons therein.
3. “Adult Entertainment Business” means any establishment involved in the sale or display of services or products characterized by the exposure or presentation of “specified anatomical areas” or physical contact of live male or females, and which is characterized by salacious conduct appealing to prurient interest for the observation or participation in by patrons. Services or products included within the scope of adult entertainment business are photography, dancing, reading, massage, and similar functions which utilize activities as specified above.
B. “Specified Sexual Activities” means any of the following:
1. Human genitals in a state of sexual stimulation or arousal.
2. Acts, real or simulated, or human masturbation, sexual intercourse, sodomy, cunnilingus, fellatio, or sadomasochistic sexual abuse.
3. Fondling or other erotic touching of human genitals, pubic regions, buttocks, or female breasts.
C. “Specified Anatomical Areas” mean any of the following:
1. Less than completely covered human genitals, pubic region, buttocks, and female breasts below a point immediately above the top of the areola.
2. Human male genitals in a discernible turgid state.
D. “Fine Art Gallery” means any display of art work which is individually crafted and signed by the artist or which is limited in edition to 1,000 or less.
E. “Sexually explicit nudity” means the sexually oriented and explicit showing of nudity, including, but not limited to, close-up views, poses, or depiction in such position or manner which present or expose such nudity to prominent, focal, or obvious viewing attention.
F. “Sadomasochistic sexual abuse” means actual or simulated flagellation, rape, torture, or other physical or sexual abuse, by or upon a person who is nude or partially denuded, or the condition of being fettered, bound for sexual gratification or abuse or represented in the context of a sexual relationship.
G. “Visibly displayed” means the material is visible on a billboard viewing screen marquee, newsstand, display rack, window, show case, display case, or other similar display area that is visible from any part of the general public or otherwise, or that is visible from any part of the premises where a juvenile is or may be allowed, permitted, or invited, as part of the general public or otherwise, or that is visible from a public street, sidewalk, park, alley, residence, playground, school, or other place to which juveniles, as part of the general public or otherwise, has unrestrained and reasonable anticipated access and presence.
Section 26.03 Exceptions
Nothing in this Article shall be construed to pertain to:
A. The purchase, distribution, exhibition and/or loan of any work of art, book, magazine or other printed material or manuscript by an accredited museum, library, fine art gallery, school or museum of higher learning.
B. The exhibition and/or performance of any play, drama tableau, or motion picture by any theater, museum, library, fine art gallery, school, or institution of higher learning either supported by public appropriation or which is an accredited institution supported by private funds.
Section 26.04 Location
Adult Entertainment Facilities are to be considered a conditional use in the GB District, and are additionally subject to the following conditions:
A. No adult entertainment facility shall be established within 1,500 feet of any residence or district where residences are a permitted use.
B. No adult entertainment facility shall be established within a radius of 1,500 feet of any school, library, or teaching facility, whether public or private, when such school, library, or teaching facility is attended by persons under 18 years of age.
C. No adult entertainment facility shall be established within a radius of 1,500 feet of any park or recreational facility attended by persons under 18 years of age.
D. No adult entertainment facility shall be established within a radius of 1,500 feet of any church, synagogue, or permanently established place of religious services attended by persons under 18 years of age.
E. No adult entertainment facility shall be established within a radius of 2,000 feet of any other adult entertainment facility.
F. No advertisements, displays or other promotional materials displaying specified sexual activities or specified anatomical areas shall be shown or exhibited so as to be visible to the public from pedestrian sidewalks or walkways, or from other public or semi-public areas.
G. All building openings, entries, windows, etc. for adult entertainment uses shall be located, covered, or serviced in such a manner as to prevent a view into the interior from any public or semi-public area, sidewalk or street.
H. No screens, loudspeakers or sound equipment shall be used for adult motion picture theaters (enclosed or drive-in) that can be seen or discerned from public or semi-public area.
ARTICLE XXVII
RESERVED FOR FUTURE USE