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§ 153.030 APPLICATION OF REGULATIONS.
   The following regulations shall apply:
   (A)   Use. No building or land shall hereafter be used or occupied and no building or structure or part thereof shall be erected, moved or structurally altered except in conformity with the regulations of this chapter or amendments thereto for the district in which it is located.
   (B)   Height and density. No building shall hereafter be erected or altered so as to exceed the height limit or to exceed the density regulations of this chapter for the district in which it is located.
   (C)   Lot size. No lot, even though it may consist of 1 or more adjacent lots of record, shall be reduced in size so that the lot width or depth, front, side or rear yards, lot area per family or other requirements of this chapter are not maintained.
   (D)   Yard use limitations. No part of a yard or other open space required about any building for the purpose of complying with the provisions of this chapter shall be included as a part of a yard or other open space similarly required for another building.
   (E)   Only 1 principal building on any lot. Only 1 principal building and its customary accessory buildings may hereafter be erected on any lot, except as authorized in §§ 153.031 through 153.033, nor shall any building be erected on any lot which does not abut at least 25 feet on a publicly dedicated or maintained street.
   (F)   Unzoned territory. In cases where a territory becomes a part of the incorporated area of the town by annexation, the territory shall automatically be classified as an “R-1” zone until otherwise classified by amendment to this chapter.
(1997 Code, § S9-5) (Am. Ord. passed - - )
§ 153.031 NONCONFORMING USE.
   (A)   Any building, structure or use of land existing at the time of the enactment of this chapter or any amendment thereto, even though the use may not conform with the provisions of this chapter for the zone in which it is located, may be continued subject to the following provisions.
   (B)   They shall not be:
      (1)   Changed to another nonconforming use;
      (2)   Enlarged or extended except in conformity with this chapter;
      (3)   Reestablished after discontinuance for 2 years; or
      (4)   Rebuilt, altered or repaired after damage exceeding 60% of its fair market value immediately prior to damage.
   (C)   The right of continuation of the existing use shall not be affected by any change in ownership or tenancy.
(1997 Code, § S9-6-1) (Am. Ord. passed - - )
§ 153.032 OFF-STREET AUTOMOBILE PARKING AND STORAGE.
   (A)   Off-street automobile parking or storage space shall be provided on every lot on which any of the following uses are hereafter established in all districts; or, provided that no parking space can be reasonably provided on the same lot, the space shall be provided on any lot, a substantial portion of which is within 500 feet of the uses. No certificate of occupancy will be issued upon completion of any building or group of buildings unless and until all off- street parking and loading requirements, shown upon the plans or made part of the building permit, shall be in place and ready for use.
      (1)   The required parking space for any number of separate uses may be combined in 1 lot, but the required space assigned to 1 use may not be assigned to another use at the same time, except that ½ of the parking space required for churches, theaters or assembly halls whose peak attendance will be at night or on Sundays may be assigned to a use which will be closed at nights or on Sundays.
      (2)   Each automobile parking space shall be not less than 200 square feet in area exclusive of adequate access drives and maneuvering space. The space shall be provided with vehicular access to a street or alley.
      (3)   This use shall not thereafter be encroached upon or altered and shall be equal in number to at least the minimum requirement for the specific use set forth below:
Use Classification
Parking Space Requirement
Use Classification
Parking Space Requirement
Automobile sales and repair
One space for each 2 employees at maximum employment on a single shift, plus 2 spaces for each 300 square feet of repair or maintenance space
Bowling alleys
Two spaces for each alley, plus 1 additional space for each 2 employees
Churches
Seating capacity of auditorium divided by 5
Filling stations
Three spaces for each grease rack or similar facility
Hospitals
One space for each 4 patient beds, plus 1 space for each staff or visiting doctor, plus 1 space for each 4 employees
Hotels
One space for each 3 accommodations, plus 1 additional space for each 5 employees
Mortuary or funeral home
One space for each 4 seats in the assembly room or chapel
Motels, motor courts or tourist homes
One space for each accommodation, plus 2 additional spaces for employees
Offices – professional, business or public, including banks
One space for each 300 square feet of gross floor area
Places of public assembly, including private clubs, lodges and fraternal buildings not providing overnight accommodations, auditoriums, dance halls, pool rooms, theaters, stadiums, gymnasiums, amusement parks, community centers, libraries, museums and all other similar places of public assembly
One space for each 4 seats provided for patron use, plus 1 space for each 100 square feet of floor or ground area used for amusement or assembly but not containing fixed seats
Rooming and boarding houses
One space for each 2 guest rooms, plus 1 additional space for the owner, if resident on the premises
Residential dwellings
One space for each dwelling unit
Retail business
One space for each 200 square feet of total floor area
Sanitariums, rest and convalescent homes
One space for each 6 patient beds, plus 1 space for each staff or visiting doctor, plus 1 space for each 4 employees
Elementary and junior high schools, including public and private schools
One space for each classroom and administrative office, plus adequate separate parking space for school buses
Senior high school
One parking space for each 20 students for which the building was designed, plus 1 parking space for each classroom and administrative office, plus adequate separate parking space for school buses
Trailer parks and campgrounds
One space for each sleeping unit or camping space
 
   (B)   Uses not specifically listed above shall adhere to the parking requirements of the most similar use category, as determined by the Zoning Administrator.
(1997 Code, § S9-6-2) (Am. Ord. passed - - )
§ 153.033 OFF-STREET LOADING AND UNLOADING SPACE.
   (A)   Every building or structure used for business, trade or industry hereafter erected shall provide space as indicated herein for the loading and unloading of vehicles off the street or public alley. This space shall have access to an alley or, if there is no alley, to a street.
      (1)   Retail business. One space of 600 square feet for each 5,000 square feet of floor space; and
      (2)   Industrial and wholesale. One space of 600 square feet for each 10,000 square feet of floor space.
   (B)   For the purposes of this section, an off-street loading space shall have minimum dimensions of 14 feet in height above the alley or street grade and 60 feet in depth from the alley or street line.
(1997 Code, § S9-6-3) (Am. Ord. passed - - )
USE, AREA, YARD AND HEIGHT REQUIREMENTS BY DISTRICT
§ 153.050 RESIDENTIAL DISTRICT – SINGLE-FAMILY (R-1).
   (A)   Within a Residential District (R-1), the following uses shall be permitted:
      (1)   Single-family dwellings;
      (2)   Two-family dwelling, provided there is but 1 main entrance which is located in the front of the building, and provided that the building has no outside characteristics, such as outside stairs, other than those common to a single-family dwelling;
      (3)   Churches and cemeteries;
      (4)   Public schools and private schools;
      (5)   Fire stations and other public buildings and uses;
      (6)   Greenhouses and truck gardens which are incidental to the residential uses and conducted on a nonprofit basis only;
      (7)   Grounds and facilities for recreational and community center buildings, country clubs, lakes, parks and similar facilities operated on a nonprofit basis;
      (8)   Public utility distribution lines, transformer stations, transmission lines and towers, water tanks, but not service or storage yards;
      (9)   Customary home occupations, as defined in this chapter;
      (10)   Customary accessory buildings or structures, provided they shall be permitted only in a rear yard and shall be not less than 10 feet from any property line;
      (11)   Professional offices, such as medical, dental, legal, engineering and architectural offices, conducted within the dwelling by the occupant or resident member;
      (12)   Signs as follows:
         (a)   Home occupation sign, as defined;
         (b)   Public building or church bulletin board or sign; and
         (c)   Signs pertaining only to the lease, rent or sale of the property upon which displayed, but not to exceed 4 square feet.
      (13)   Off-street parking as required by this chapter.
   (B)   Within a Residential District (R-1), the dimensional requirements shall be as follows:
      (1)   Area regulations. The minimum required lot area for a dwelling unit with or without utilities is as follows:
         (a)   Public water and sewer, 10,000 square feet;
         (b)   Either public water or sewer, 15,000 square feet; and
         (c)   Neither public water or sewer, 20,000 square feet.
      (2)   Setback regulations. No building shall be closer than 35 feet to the street line on which the lot fronts. This shall be known as the setback line.
      (3)   Frontage regulations. The minimum required lot width of any lot at the setback line shall not be less than 100 feet.
      (4)   Yard regulations.
         (a)   Rear yard. Each principal building shall have a rear yard of not less than 25 feet.
         (b)   Side yard. The minimum side yard shall be not less than 10 feet and the total width of the 2 required side yards shall not be less than 25 feet.
      (5)   Corner lot regulations.
         (a)   Of the 2 sides of a corner lot, the front shall be deemed to be the shorter of the 2 sides fronting on the streets.
         (b)   The side yard of the side facing the side street shall not be less than 20 feet for both the principal and accessory buildings.
      (6)   Height regulations.
         (a)   No building shall be more than 40 feet in height from the street level. (Grade)
         (b)   These height limitations shall not apply to church spires, belfries, cupolas, monuments, water towers, chimneys, flues, flagpoles, television antennas and radio aerials.
(1997 Code, § S9-7-1) (Am. Ord. passed - - )
§ 153.051 GENERAL RESIDENTIAL DISTRICT – MULTI-FAMILY (R-2).
   (A)   Within a General Residential District (R-2), the following uses shall be permitted:
      (1)   All uses permitted in an R-1 Residential District;
      (2)   Multi-family dwellings or apartment buildings;
      (3)   Rooming or boarding houses;
      (4)   Tourist homes;
      (5)   Nursery schools and kindergartens provided that at least 100 square feet of outdoor play area is provided each child;
      (6)   General agriculture, when in existence at the time of adoption of this chapter, provided that all livestock and poultry kept shall be kept within secure enclosures, and further provided that any building or pen in which livestock and poultry are kept shall be at least 200 feet from any street line or any lot line;
      (7)   Hospitals and medical centers, upon approval of the Board of Zoning Appeals; and
      (8)   Off-street parking as required by this chapter.
   (B)   Within a General Residential District (R-2), the dimensional requirements shall be as follows:
      (1)   Area regulations:
         (a)   Minimum required lot area for first dwelling unit with or without utilities is as follows:
            (1)    Minimum required lot area for first dwelling unit with or without utilities is as follows:
            1.   Public water and sewer, 7,500 square feet;
            2.   Other public water or sewer, 10,000 square feet; or
            3.   Neither public water or sewer, 15,000 square feet.
         (b)   Lot area required for each additional unit in excess of 1 in a multi-family dwelling is 2,000 square feet.
      (2)   Setback regulations. No building shall be closer than 25 feet to the street line on which the lot fronts. This shall be known as the setback line.
      (3)   Frontage regulations. The minimum required lot width of any lot at the setback line shall not be less than 75 feet for single-family dwellings, and for each dwelling unit over 1, there shall be at least 15 feet of additional lot width at the setback line.
      (4)   Yard regulations.
         (a)   Rear yard. Each principal building shall have a rear yard of not less than 25 feet.
         (b)   Side yard. The minimum side yard shall be not less than 8 feet and the total width of the 2 required side yards shall not be less than 20 feet.
      (5)   Corner lot regulations.
         (a)   Of the 2 sides of a corner lot, the front shall be deemed to be the shorter of the 2 sides fronting on the streets.
         (b)   The side yard on the side facing the side street shall not be less than 18 feet for both the principal building and accessory buildings.
      (6)   Height regulations.
         (a)   No building shall be more than 50 feet in height from the street level.
         (b)   These height regulations shall not apply to church spires, belfries, cupolas, monuments, water towers, chimneys, flues, flagpoles, television and radio antennas.
   (C)   Special uses within Residential District - Single-Family (R-1).
      (1)   Farm winery, vineyards, and directly related operations, only when approved by Planning Commission and Town Council, and special use permit has been obtained and all conditions of use are followed so long as such winery and/or vineyard is in operation.
      (2)   Signs authorized in conjunction with an approved special use permit.
(1997 Code, § S9-7-2) (Am. Ord. passed - - )
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