(a) Number of principal buildings per lot.
(1) In the R-1A, R-1B, R-1C, and R-1D, only one dwelling shall be permitted on any single lot.
(2) There can be more than one principal building on an individual lot in the R-2 and R-3 Districts as well as on an individual lot in all nonresidential districts.
(b) Minimum lot area.
(1) Measurements.
A. The area of a lot includes the total horizontal surface area within the lot’s boundaries (lot lines) with the exception of the following.
1. If the lot is deeded into the right-of-way, the boundaries for calculating lot area shall be all area of the lot excluding any area within the right-of-way.
2. For the purposes of measurements, the lot line along Lake Erie shall be the point where the natural shoreline intersects the ordinary high-water elevation as determined by the Ohio Department of Natural Resources, Division of Geological Survey.
B. No lot shall be reduced in area or dimensions so as to make said area or dimensions less than the minimum required by this code; and, if already less than the minimum required by this code, said area or dimensions shall not be further reduced. Exceptions to this standard shall only be granted if a reduction is approved as part of a planned unit development or variance approval.
(2) Zoning lots.
A. Where a person proposes to combine two or more platted lots to meet the lot area requirements, such person shall be required to replat the combined lots as a single zoning lot.
B. A person may also split two lots to combine portions of an existing lot with adjacent lots.
C. Such lot splits and replats shall be recorded with Lorain County after approval by the city in accordance with the minor subdivision procedure. See § 1214.04: Minor Subdivisions.
D. A principal building may be located across two lots of record without creating a zoning lot.
(3) Lot area requirements.
A. Table 1226-1 and Table 1226-2 establish the minimum lot area requirements for residential districts.
B. There are no minimum lot area requirements for nonresidential districts, however, such lots shall be of a size large enough to allow for all proposed buildings and required setbacks, off-street parking, loading and waiting spaces, and all landscaping and screening requirements established in this code.
Table 1226-1: Lot Area Requirements for Residential Zoning Districts | |
Residential Zoning District | Minimum Lot Area Required |
R-1A | 15,000 square feet |
R-1B | 12,000 square feet [1] [2] |
R-1C | 6,500 square feet |
R-1D | 4,800 square feet [2] [3] |
R-2 | 30,000 square feet [4] |
R-3 | 30,000 square feet [4] |
NOTES: | |
[1] The minimum lot area shall be 12,000 square feet unless the lot is located within a subdivision identified in Table 1226-2, in which case, the minimum lot area established in Table 1226-2 shall apply. | |
[2] In areas where the prevailing lot areas are smaller than the minimum required according to this table, then the minimum lot area of a newly created lot shall not be less than the average of the four nearest lots on the same block face. See Figure 1226-A. | |
[3] The minimum lot sizes in the R-1D District are to be in accordance with subdivision plat for the original sublot. Parcel splits and combinations recorded on Lorain County tax maps subsequent to the original plat recording shall take precedence if the original parcels have been enlarged. Buildable lots shall not be smaller than original subdivision plat. | |
[4] Development in the R-2 and R-3 Districts may include fee simple lots and condominium lots that do not comply with the minimum lot area but there shall be a minimum project site of 30,000 square feet. | |
Table 1226-2: Minimum Lot Area for Established Subdivisions in the R-1B District | |
Subdivision | Minimum Lot Area (Square Feet) [1] |
Avon Center Estates Subdivision No. 1 | 9,000 |
Avon Center Estates Subdivision No. 2 | 10,000 |
Avon Center Estates Subdivision No. 3 | 11,000 |
Avon Lake Harbor Estates Subdivision | 8,000 |
Avon Point Allotment | 11,000 |
Avon Vineyard Subdivision | 11,500 |
Belden Park Subdivision | 10,500 |
Belmar Beach Subdivision | 8,500 |
Glen Arden Beach Subdivision No. 3 | 8,500 |
Lake Breeze Allotment | 8,000 |
Woodhaven Beach Subdivision No. 2 | 10,000 |
NOTE: | |
[1] The minimum lot area requirement shall only apply to lots in the applicable subdivision if zoned R-1B. | |
Figure 1226-A: The above are various applications of how lots, along the same block face, are considered when averaging the four nearest lots. The bottom image illustrates an example of a block face where the width of the lots impacts the proximity of the four lots used for averaging.
(c) Maximum density.
(1) Calculation.
A. The maximum net density of a development with residential uses shall be calculated as the total number of dwelling units located on any single acre.
B. The maximum gross density of a development with residential uses shall be calculated as the total number of dwelling units per acre, across the entire lot (i.e., total number of dwelling units on the lot divided by the total number of acres of the lot).
(2) Maximum density standards.
A. The maximum gross density of residential uses in the R-2 District shall be five units per any single acre when no open space is required.
B. The maximum gross density of residential uses in the R-3 District shall be 12 units per any single acre when no open space is required.
C. The Planning Commission shall have the authority to limit the concentration (net density) of dwelling units on portions of the site based on:
1. The density of adjacent residential dwelling units;
2. The provision of open space; and
3. The overall design of the project and compatibility with goals as established in the comprehensive plan.
(d) Minimum lot width.
(1) Measurements.
A. Unless otherwise stated, the lot width is the distance between the side lot lines measured along the minimum front yard setback line.
B. The lot width at the street shall be measured along the street frontage except for lots located on a curved street (e.g., curved or cul-de-sac lot). In such cases, the lot width at the street shall be measured along a line tangent to the curve that is at a 90-degree angle from the lot width.
(2) Lot width requirements.
A. Table 1226-3 and Table 1226-4 establish the minimum lot area requirements for all zoning districts.
Table 1226-3: Minimum Lot Width Requirements for All Districts | |||
Zoning District | Minimum Lot Width (Feet) | ||
At the Front Yard Setback Line | At the Street | On Corner Lots at the Street [1] | |
R-1A | 100 | 100 [2] | 120 |
R-1B [3] | 80 [4] | 50 | 100 |
R-1C | 50 [5] | 50 | 60 |
R-1D | 40 [5] | 40 | 60 |
R-2 and R-3 | 100 [6] | 100 [6] | 100 [6] |
B-1, B-2, B-3, and P-1 | None | ||
I-1 and I-2 | 200 on primary streets and 100 on all other streets [7] | ||
NOTES: | |||
[1] On corner lots, at least one street frontage shall have a lot width equal to the larger lot width requirement for corner lots and the second street frontage shall meet the minimum lot width requirement for all lots in the applicable district. | |||
[2] In the R-1A District, except in the case of a corner lot, the minimum lot frontage shall not be less than 100 feet, except on curvilinear streets and cul-de-sacs, which shall have a minimum lot frontage of 60 feet. This reduction shall not be permitted for corner lots. | |||
[3] The minimum lot width shall be as established in this table unless the lot is located within an established subdivision identified in Table 1226-4, in which case, the minimum lot width requirements of Table 1226-4 shall apply. | |||
[4] Where a person proposes to combine two or more platted lots to increase the lot width in the R-1B District, the combined lots may have a reduced lot width at the minimum front building setback line of 60 feet. Such combined lots shall be subject to the zoning lot replatting requirements of § 1226.01(b)(2). | |||
[5] In areas where the prevailing lot widths are larger or smaller than the minimum required according to this table, then the minimum lot width of a newly created lot shall not be less than the average of the four nearest lots on the same block face, adjacent to the subject lot. See Figure 1226-A. | |||
[6] Development in the R-2 and R-3 Districts may include fee simple lots and condominium lots that do not comply with the lot width requirements but the minimum lot width shall apply to the overall project site. | |||
[7] Primary streets are Lake, Walker, Electric, Miller, Moore, Avon-Belden, Jaycox and Lear. | |||
Table 1226-4: Minimum Lot Width for Established Subdivisions in the R-1B District | |
Subdivision | Minimum Lot Width at the Front Yard Setback Line (Feet) |
Avon Center Estates Subdivision No. 1 | 75 |
Avon Center Estates Subdivision No. 2 | 80 |
Avon Center Estates Subdivision No. 3 | 80 |
Avon Lake Harbor Estates Subdivision | 80 |
Avon Point Allotment | 80 |
Avon Vineyard Subdivision | 75 |
Belden Park Subdivision | 75 |
Belmar Beach Subdivision | 80 |
Glen Arden Beach Subdivision No. 3 | 80 |
Lake Breeze Allotment | 80 |
Woodhaven Beach Subdivision No. 2 | 80 |
NOTE: | |
[1] Where a person proposes to combine two or more platted lots to increase the lot width in the R-1 B District, the combined lot may have a reduced lot width at the front building setback line of 60 feet. Such combined lots shall be subject to the zoning lot replatting requirements of § 1226.01(b)(2). | |
(e) Minimum setbacks and yards.
(1) Measurements.
A. Setbacks refer to the unobstructed, unoccupied open area between the foundation or base of a structure and the property line (lot line) of the lot on which the structure is located. Setbacks shall not contain any structure except when in conformance with this code.
B. A setback shall not be reduced in any manner to less than the required dimensions for the district in which it is located, and a setback of less than the required dimensions shall not be further reduced in any manner unless otherwise noted in this code (e.g., nonconforming structures or by variances).
C. Setbacks are measured from the right-of-way line or lot line, as may be applicable. Where a right-of-way line does not exist (e.g., private streets), such setback shall be measured from the edge of the street pavement.
(2) Yards required for buildings.
A. A yard is the open area created by the required setbacks. Where required, a yard for any structure shall be located on the same lot as the structure and shall not include any yard or open space areas from an adjacent lot.
B. While a yard is defined as an open area, certain structures and uses may be permitted in required yards as specified in this code.
C. Where the term “required” is used before any yard type, that required yard shall be the area of the yard between the applicable lot line and the required yard setback distance from the applicable lot line, regardless of the presence of a building. See Figure 1226-B.
Figure 1226-B: The above image illustrates the use of the term “required yards” on a typical interior lot versus the location of the full front, side, and rear yards as defined in the next sections of this code.
(3) Setback exceptions.
A. In cases where the side lines of a lot are not perpendicular to the street line, the Code Administrator may average dimensions in measuring the width of side yards.
B. In cases where the rear line of a lot is not parallel with the street line, average dimensions may be used in determining the depths of rear yards.
(4) Projections into required yards. Every part of a required yard shall be open to the sky and unobstructed except:
A. As otherwise provided in this section;
B. For accessory and temporary uses as allowed in Chapter 1224: Accessory and Temporary Use Regulations;
C. For landscaping as allowed in Chapter 1232: Landscaping and Screening Standards;
D. For parking and circulation as allowed in Chapter 1234: Parking, Access, and Mobility Standards;
E. For signage as allowed in Chapter 1236: Sign Standards;
F. For the ordinary projections of architectural features including, but not limited to, eaves, gutters, downspouts, flues, skylights, sills, belt courses, cornices and ornamental features, not extending more than 16 inches into the required yard;
G. Chimneys, not extending more than 24 inches;
H. Window air conditioner units;
I. Walls and fences as permitted in accordance with § 1226.03: Fences and Walls;
J. Unenclosed steps, including fire escapes, may be allowed in the required front, rear, or side yard setbacks, provided, however that steps and/or fire escapes shall be no closer than two feet from the side lot line;
K. Unenclosed platforms, porches, landings, steps, terrace, decks, terraces or other similar features not extending above the first-floor level of a building, or any combination thereof, may extend six feet into the required front yard setback and three feet into the required side yard setback. Such encroachment shall not cover more than 50% of the applicable facade width; and
L. Fixed and retractable awnings and canopies, not extending more than two feet into a required setback.
(5) Interior lots.
A. Unless otherwise stated, the required minimum front yard setback shall be measured from the street right-of-way or, where a right-of-way is not identified, the front lot line. See Figure 1226-C.
B. The lot line located directly behind the rear of the structure, as determined by the Code Administrator, shall be the rear lot line and the rear yard setback shall be applied. See Figure 1226-C.
C. All other lot lines shall be considered the side lot line and the side yard setback shall be applied. See Figure 1226-C.
Figure 1226-C: Typical setback and yard locations for an interior lot.
(6) Corner lots. Lots that have street frontage on two intersecting streets shall be considered a corner lot, subject to the following.
A. For corner lots, there shall be one street frontage with a longer lot width, at the street, as required by Table 1226-3. The second street frontage shall have a lot width, at the street, equal to that of all other lots in the applicable zoning district as set forth in Table 1226-3.
B. The required minimum front yard setback shall be provided from each street right- of-way or, where a right-of-way is not identified, the lot line adjacent to the street. See Figure 1226-D. An alley shall not be considered a street for the purposes of determining a corner lot.
C. The lot line that runs parallel with the lot line along the narrowest street frontage shall be the rear lot line and the minimum rear yard setback shall be applied from such lot line. See Figure 1226-D.
D. All other lot lines shall be a side lot line and the minimum side yard setback shall be applied from such lot lines. See Figure 1226-D.
E. Such setbacks and yard locations shall apply, regardless of the orientation of the building.
F. Buildings on corner lots may also be oriented toward the corner of the lot, in which case, the setbacks and yard locations shall be as illustrated in Figure 1226-E.
Figure 1226-D: Typical setback and yard locations for a corner lot.
Figure 1226-E: Typical setback and yard locations for a corner lot where the building is oriented toward the corner of the lot.
(7) Double frontage (through) lots. Double frontage lots shall be discouraged and shall only be approved if necessitated by unique topographic features or other special physical conditions as deemed necessary by the Planning Commission. Double frontage lots shall be subject to the following regulations:
A. Where a lot is considered a double (through lot) lot, the required minimum front yard setback shall be provided on all lot lines that abut a street. See Figure 1226-F.
Figure 1226-F: Typical setback and yard locations for a double frontage (through) lot.
B. The remaining lot lines not abutting a public road right-of-way shall be considered as side yards and shall have the required minimum side yard setback provided for each side lot line. See Figure 1226-F.
C. For the purposes of allowing accessory uses, including fences, which are allowed in a rear yard, the yard that is located to the rear of the principal building shall be considered the rear yard and the setbacks of § 1224.01(b)(12), shall apply to all accessory uses or structures. Such accessory uses or structures shall not be permitted in the required front yard areas adjacent to each street.
D. Where alleys exist in the city, any lots that have frontage along the alley shall be not be considered a double frontage (through) lot and shall either be regulated as an interior lot or corner lot depending on the location of the subject lot within the block.
(8) Flag (panhandle) lots. Panhandle lots (flag) lots shall be discouraged and shall only be approved if necessitated by unique topographic features or other special physical conditions as deemed necessary by the Planning Commission. Panhandle (flag) lots shall be subject to the following regulations.
A. Panhandle (flag) lots shall not be used to avoid the construction of a street.
B. The area of the “panhandle” portion of the lot connecting the lot to the public street shall not be included in the area of the lot for the purposes of determining compliance with the required minimum lot area for the district in which the lot is located.
C. The stacking of panhandle (flag) lots shall be prohibited. See Figure 1226-G.
Figure 1226-G: The above illustration shows the stacking of panhandle lots, which is prohibited.
D. The panhandle shall have a minimum width of 20 feet along the entire width of the panhandle. The maximum width shall be 40 feet and anything with a width of 40 feet or greater shall be consider an interior, corner, or double frontage lot as may be applicable.
E. No structures, except for fences and walls allowed by this code, shall be permitted in the panhandle portion of the lot.
F. The minimum front yard setback requirement shall be measured from the lot line that creates the rear lot line of the adjacent lot as illustrated in Figure 1226-H.
Figure 1226-H: Typical setback and yard locations for a panhandle lot.
(9) Cul-de-sac or curved-street lot. For a cul-de-sac lot or a lot abutting a curved street, the front-yard setback shall follow the curve of the front property line (lot line). See Figure 1226-I.
Figure 1226-I: Typical setback and yard locations for a curved street or cul-de-sac.
(10) Other lot configurations. Where there is an instance of a lot configuration not addressed in the previous sections (e.g., interior, corner, panhandle and the like), or where there is an atypical building orientation on any lot, the Code Administrator shall have the authority to make a determination regarding where front, rear and side yard setbacks are required.
(11) Minimum setback requirements.
A. Setbacks required for accessory uses are established in § 1224.01: Accessory Uses and Structures.
B. Tables Table 1226-5, Table 1226-6 and Table 1226-7 establish the minimum setback requirements for principal buildings in the residential zoning districts.
Table 1226-5: Minimum Setback Requirements for Residential Districts | |||||
Required Setback | Minimum Setback in Feet | ||||
R-1A | R-1B | R-1C | R-1D | R-2 and R-3 | |
Front yard setback | 50 | 50 [1] [2] | 20 [3] | 20[3] | 30 |
Side yard setback | 10 | 10 [4] | 4 | 4 | 35 [5] |
Rear yard setback | 35 | 35 | 20 | 20 | 35 [5] |
NOTES: | |||||
[1] For corner lots in the R-1B District, the minimum front yard setback from the street to the side of the principal structure may be reduced to 15 feet provided it does not reduce the buildable width of the lot to less than 25 feet. | |||||
[2] The minimum front yard setback shall be as established in this table unless the lot is located on designated streets within a subdivision identified in Table 1226-6, in which case, the minimum front yard setback established in Table 1226-6 shall apply unless the prevailing front yard setbacks are larger than the minimum required according to Table 1226-6, then the minimum front yard setback shall not be less than the average of the four nearest lots on the same block face. See Figure 1226-A. | |||||
[3] The front yard setback for lots fronting on Lake Road, Walker Road, Avon-Belden Road, Lear Road, Jaycox Road, Moor Road, Miller Road, and Electric Avenue shall be increased to 30 feet. | |||||
[4] In areas where the prevailing side yard setbacks are smaller than the minimum required according to this table, then the minimum side yard setback shall not be less than the average of the four nearest lots on the same block face. See Figure 1226-A. | |||||
[5] Where the R-2 or R-3 District is adjacent to any other R-2 or R-3 District, or any nonresidential zoning district, the side and rear yard setbacks may be reduced to 20 feet. | |||||
Table 1226-6: Minimum Front Yard Setbacks for Established Subdivisions in the R-1B District | |
Subdivision | Minimum Front Yard Setback as Measured from the Established Centerline of the Street |
Avon Center Estates Subdivision No. 1 | 70 |
Avon Center Estates Subdivision No. 2 | 70 |
Avon Center Estates Subdivision No. 3 | 80 |
Avon Lake Harbor Estates Subdivision | 55 |
Avon Point Allotment | 70 |
Avon Vineyard Subdivision | 80 |
Belden Park Subdivision | 70 |
Belmar Beach Subdivision | 60 |
Glen Arden Beach Subdivision No. 3 | 60 |
Lake Breeze Allotment | 70 |
Woodhaven Beach Subdivision No. 2 | 65 |
Table 1226-7: Minimum Setback Requirements for Nonresidential Districts | ||||||
Required Setback | Minimum Setback in Feet | |||||
B-1 | B-2 | B-3 | I-1 | I-2 | P-I | |
Front yard setback for lots with frontage on Lear road | 40 | 40 | 0 | 60 | 60 | 20 |
Front yard setback | 30 | 30 | 0 | 60 | 60 | 20 |
Side and rear yard setbacks adjacent to a residential zoning district | 35 | 35 | 20 | 75 | 75 | 10 Side 20 Rear |
Side and rear yard setbacks adjacent to a nonresidential zoning district | 10 | 10 | 5 | 25 | 25 | 10 Side 20 Rear |
(f) Minimum building separation in the R-2 and R-3 Districts. In order to ensure adequate privacy for each dwelling unit, the minimum spacing between buildings shall be determined by the types of walls facing each other and shall be the greater of the distances required below.
(1) When neither of the two walls facing each other contains windows, patios or decks, or the windows are in non-living areas, the two dwellings shall be separated by a minimum of 15 feet for single-family dwellings and a minimum of ten feet for multi-family dwellings.
(2) When one or both of the walls facing each other contain windows, other than primary windows of living areas, the two dwellings shall be separated by a minimum of 20 feet for single-family dwellings and a minimum of 15 feet for multi-family dwellings.
(3) When one or both of the walls facing each other contain primary windows of living areas or the rear yard area where patios or decks are or could be located, the two dwellings shall be separated by a minimum of 25 feet for single-family dwellings, a minimum of 20 feet for multi-family dwellings.
(4) For the purposes of this section, the following definitions shall apply: “living areas” shall include living rooms, family rooms, great rooms, bedrooms, dining rooms and kitchens; “primary window” means any window in a living space having a sill height of 60 inches or less above the floor.
(5) The Planning Commission, however, may consider the use of vision-obscuring landscaping or other site, building or design features between adjacent walls as providing adequate privacy for each dwelling unit and thus approve lesser spacing between walls than required above.
(g) Maximum height.
(1) Calculation.
A. Building height shall be measured as the vertical distance from average elevation of the finished grade to the mid-point between the eaves and the peak line of the highest roof for any sloped roof or to the highest point of a flat roof, excluding architectural features (e.g., vents, cupolas, weather vanes, chimneys and the like), roof embellishments, or chimney extensions.
Figure 1226-J: Measurement of building or structure height.
B. Where specified fencing and wall height shall be measured in accordance with § 1226.03: Fences and Walls.
C. The height of all other structures shall be measured from the lowest grade adjacent to the structure to the highest point of the structure.
(2) Exceptions to height limits. The maximum height limits established in this code shall not apply to:
A. Barns, silos or other agricultural buildings or structures on farms (not located in an improved platted subdivision) provided they are setback from all lot lines a distance equal to the structure’s height provided the Planning Commission approves such additional height as part of the conditional use approval;
B. Spires, belfries, cupolas and domes, monuments, chimneys, smokestacks, towers, water tanks, radio or television antennas, monuments and other permitted mechanical appurtenances located upon or constructed as an integral part of the principal building;
C. Governmentally-owned freestanding water tanks, towers, radio or television antennas and flag poles;
D. Special industrial or utility structures such as a cooling tower, grain elevator and other similar structure where the industrial process requires a greater height may be erected above the maximum height allowed in the applicable district, provided that:
1. Any such structure shall not occupy more than 15% of the lot area;
2. The structure shall be set back a distance equal to its height from any adjacent lot line; and
3. The Fire Department shall be required to approve the increased height based on firefighting capacity.
(3) Maximum height standards.
A. Table 1226-8 establishes the maximum building height for principal buildings.
B. The maximum height of accessory structures is established in § 1224.01(b)(10).
Table 1226-8: Maximum Height of Principal Buildings | |
Zoning District | Maximum Height in Feet |
R-1A, R-1B and R-1C | 35 |
R-1D | 26 |
R-2 and R-3 | 45 |
B-1 and B-2 | 45 |
B-3 | 35 |
I-1 and I-2 | 45 |
P-I | 45 |
(h) Minimum floor area for dwelling units.
(1) Calculation.
A. The minimum floor area of a dwelling unit shall include all finished and habitable spaces including the basement floor area when more than one-half of the basement height is above the finished lot grade level at the front of the building.
B. Garages, outdoor patios, porches or decks, and accessory buildings shall not be included in the minimum floor area of a dwelling.
C. Such requirements shall only apply to single-family dwellings and multi-family dwellings, shall not apply to hospitals, nursing homes, or similar types of residential uses that are institutional in nature.
(2) Minimum floor area requirements.
A. In the R-1A, R-1B and R-1C Districts, the minimum floor area for dwellings shall be 1,000 square feet.
B. In the R-1D District, the minimum floor area for dwellings shall be 750 square feet.
C. For multi-family dwellings in the R-2 and R-3 District, there shall be a minimum floor area of 700 square feet for all units that have internal entries (e.g., apartment buildings) and a minimum of 1,000 square feet for all units that have exterior entries (e.g., townhomes or rowhouses).
(i) Maximum lot coverage.
(1) Calculation. Where used, lot coverage is that portion of a lot, or a specified yard, which when viewed directly above, which would be covered by a building or structure, parking and loading areas and other surfaces that are impermeable or substantially impervious to water. Such surfaces shall also include any material that provides a significant barrier to the absorption of stormwater into the ground located directly below the material such as, but not limited to: asphalt, concrete, roofed structures and the like. Decks, pervious paver blocks and other materials that are designed with adequate openings to allow stormwater to pass through the material into the ground shall not count as an impervious surface. The Code Administrator shall have the final determination of what structures and materials are considered impervious surfaces.
(2) Maximum lot coverage standards.
A. The maximum lot coverage in the R-1A District shall be 40% of the total lot.
B. The maximum lot coverage in the I-1 and I-2 Districts shall be 75%.
(j) Building orientation. The main entrance of any building shall be oriented toward a public street. For corner lots in residential zoning districts, a dwelling unit may be oriented toward the intersection of the two streets.
(Ord. 21-161, passed 12-13-2021; Ord. 23-46, passed 3-13-2023)
No land or structure in any zoning district shall be used or occupied in any manner to create a dangerous or objectionable condition, substance or element, in such a manner or in such amount to adversely affect the adjoining premises or surrounding area. If any existing use or building is extended, enlarged or reconstructed, the performance standards for the district involved shall apply to such extended, enlarged or reconstructed part or parts of such building or use as well.
(a) Compliance with state and federal regulations. All uses shall comply with all applicable state and federal Environmental Protection Agency, Occupational Safety and Health Administration (OSHA), Americans with Disabilities Act of 1990, being 42 U.S.C. §§ 12101 et seq., and all other state and federal regulations that pertain to the applicable use.
(b) Enclosures.
(1) The repainting, rebuilding, overhauling or dismantling of a vehicle or the storage of tires, motor, or body parts in a right-of-way or an open yard is prohibited.
(2) All uses and operations, except off-street parking and loading facilities, shall be performed wholly within enclosed buildings in all districts except the I-1 or I-2 Districts, unless specifically permitted otherwise.
(c) Air pollution.
(1) The emission of smoke, soot, fly ash, fumes and dust shall be controlled by precipitation devices, height of stack, rate of emission or other manner so that the quantity deposited in any zoning district shall not be detrimental to or endanger the public safety, comfort, welfare or adversely affect property values. In addition, no use shall emit fly ash, dust, vapors or other substances that are harmful to health, animals, vegetation or other property or which can cause excessive soiling. Any such activities shall only be allowed as permitted and approved by the Ohio EPA Division of Air Pollution Control.
(2) Dust and other types of air pollution borne by the wind from sources such as parking areas, storage areas or yards shall be kept to a minimum by appropriate landscaping, paving, oiling or other acceptable treatment.
(d) Fire and explosive hazards.
(1) The storage, utilization and manufacture of materials, goods or products ranging from free to active burning is permitted, provided the materials or products shall be stored, utilized or produced within completely enclosed structures having incombustible exterior walls, and such structure shall be protected throughout by an automatic sprinkler system complying with installation standards prescribed by the National Fire Protection Association. Such activities shall be restricted to the I-1 and I-2 Districts only.
(2) Materials which produce flammable or explosive vapors or gases under ordinary weather temperatures shall not be permitted in any district except such materials as are used or required in emergency equipment or in secondary processes which are accessory to the main use.
(e) Heat.
(1) In all zoning districts except the I-2 District, no use shall generate heat that is perceptible without the aid of instruments at any point beyond the lot occupied by the use.
(2) In the I-2 District, no use shall generate heat or glare that is perceptible without the aid of instruments at any point beyond the zoning district boundary.
(f) Odor.
(1) In all zoning districts except the I-2 District, the emission of odorous matter in such quantities as to produce a public nuisance or hazard outside the building is prohibited.
(2) In the I-2 District, the emission of odorous matter in such quantities as to produce a public nuisance or hazard shall not be detectable beyond the lot occupied by the use generating the emission.
(g) Toxic or noxious matter. The discharge of toxic or noxious matter across the lot lines wherein such a use is located is prohibited for any period of time and in such concentrations as to be detrimental to or endanger the public health, safety, comfort or welfare or cause injury or damage to property.
(h) Noise. The sound pressure level of any individual operation or operations on a lot in any industrial district, other than the operation of auto calls, bells, motor vehicles, sirens or whistles, shall not exceed the average intensity of the street traffic noise at the nearest residential district or business district.
(i) Vibration. Operations creating intense earth-shaking vibrations in the shall be set back from and controlled in such a manner as to prevent transmission of vibrations which would be perceptible without the aid of instruments at the lot line of the applicable property.
(j) Industrial wastes. Pollution control standards as required by this section shall be those which are set forth in the rules and regulations of the Board of Municipal Utilities regarding discharge of waste waters.
(k) Solid and liquid waste.
(1) Solid waste, including empty packing crates and other excess materials, shall be regularly disposed of, stored in buildings, screened by solid walls or fences, or completely enclosed in containers or dumpsters, and shall not be permitted to accumulate on any lot.
(2) Containers and dumpsters shall be located in a side or rear yard on a paved surface in compliance with the minimum parking setbacks established in § 1234.06: Setback Requirements and the screening requirements set forth in Chapter 1232: Landscaping and Screening Standards.
(3) If liquid wastes are disposed of in containers, they shall be appropriate containers, and the wastes shall be removed from the site on a regular basis.
(l) Radioactive or electrical disturbances.
(1) No activity shall emit dangerous radioactivity at any point or electrical discharges affecting the operation, at any point, of any equipment other than that of the creator of such disturbances.
(2) Such disturbances shall be confined to the use and lot from which they originate and shall not occur across any lot line.
(3) The handling of radioactive materials, the discharge of such materials into the air and water, and the disposal of radioactive wastes shall be in conformity with the applicable regulations of the Nuclear Regulatory Commission and the Ohio Environmental Protection Agency.
(m) Infectious and medical waste materials. The storage, incineration or disposal of infectious or medical waste materials in such a manner or in such quantities as to produce a public nuisance or a hazard to the public health and welfare of the community shall not be permitted.
(n) Soil removal. No mining, extracting, filling or soil-stripping operations shall be conducted in such a manner as to leave unsightly or dangerous excavations or soil banks, or in such a manner as to increase erosion.
(o) Stormwater facilities. Detention/retention facilities that are visible from a public street shall landscaped and maintained as part of the site’s required landscaping areas. Such landscaped areas shall contain any combination of the following elements: shade and ornamental trees, evergreens, shrubbery, hedges, and/or other planting materials as well as ornamental fencing.
(p) Enforcement. Where determinations can be made by the Code Administrator or other authorized city employee, using equipment normally available or obtainable without extraordinary expense, such determinations or evaluation shall be made whenever possible before a notice of violation is issued. Where technical complexity or extraordinary personnel or equipment is required to make the determination, the Code Administrator may, in the case of the offenses under this section, require the owner to either obtain and pay for an independent survey or share in the cost of an independent survey from a professional engineer experienced in the particular specialty.
(Ord. 21-161, passed 12-13-2021)
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