(A) Permitted uses. Permitted uses of land or buildings, as hereinafter listed, shall be permitted in the districts indicated under the conditions indicated. No building or tract of land shall be devoted to any use other than a use permitted hereinafter in the zoning district in which such building or tract of land shall be located, with the exception of the following:
(1) Uses lawfully established on the effective date of this chapter;
(2) Conditional uses, allowed in accordance with the provisions of division (B) below.
(a) Uses already established on the effective date of this chapter and rendered nonconforming by the provisions hereof, shall be subject to the regulations of § 157.085.
(b) Home occupations and uses which are accessory to permitted uses shall be permitted in all residential districts. Uses which are accessory to special uses may be permitted when approved as part of the special use, or when the Plan Commission finds they are not an expansion of an approved special use.
(B) Conditional uses.
(1) Conditional uses, as hereinafter listed, may be allowed in the zoning districts indicated, subject to review by the Board of Zoning Appeals for approval in accordance with the provisions of § 157.050. Unless otherwise specifically set forth, whenever a conditional use is named as a major category in this section, it shall be deemed to include all and only those itemized uses listed under the said category.
(2) The Zoning Administrator may allow land uses (permitted or conditional) which, though not contained by name in the zoning district list of permitted uses, are deemed to be clearly similar in nature to the listed uses.
(C) Accessory structures. Permitted accessory structures shall include accessory buildings customarily incidental to the above uses, including a private garage or private parking area, but not involving the conduct of a business. Any accessory building that is not a part of the main structure shall not exceed 14 feet in height, shall be located not less than 60 feet from the front lot line, at least ten feet from any dwelling situated on the same lot and at least six feet from any other building or accessory building on the lot. Accessory buildings must be located in the rear yard. Such accessory buildings shall not be nearer than three feet to any side or rear lot line, nor nearer than five feet to any alley abutting the rear of the lot where the doors open to the alley. A private garage is permitted up to and including a maximum size of 26 feet by 42 feet.
(D) Lot size requirements. Lot size requirements shall be as specified under each zoning district. In addition, no use shall be established or hereafter maintained on a lot recorded after the effective date of this chapter, which is of less area or less width than prescribed hereinafter for such use in the zoning district in which it is to be located.
(E) Yard requirements.
(1) Yard requirements shall be set forth under each zoning district. Front, side and rear yards shall be provided in accordance with the regulations hereinafter indicated and shall be unobstructed from the ground level to the sky unless otherwise provided herein.
(2) All accessory buildings which are attached to principal buildings (e.g., attached garages) shall comply with the yard requirements of the principal building, unless otherwise indicated.
(3) The rear yard requirement for a through-lot shall be the same as the requirement for the front yard, for the particular district in which it is located.
(4) In residential developments containing three or more units, the yard requirements may be waived in order to encourage innovative design, including cluster development and the zero lot line concept, and to provide for such housing types as the atrium or patio house. Such waiver may be obtained through planned unit development procedures under the special use provisions, as provided within each residential district.
(F) Building bulk (volume) limitations. Building bulk limitations shall be expressed in terms of minimum yard requirements and maximum building height. All structures must comply with the building height limitations prescribed in the zoning districts.
(H) Off-street parking and loading. In no instance shall parking be provided in the front yard of a residence, other than on a driveway. Off-street parking and loading facilities, accessory to uses allowed in residence districts, shall be provided in accordance with the regulations established in §§ 157.180 through 157.183.
(I) Landscaping and screening. Landscaping, other than one- and two-family dwellings, and screening shall be required in residence districts in accordance with the regulations established in this chapter.
(J) Overlay districts. In addition, the provisions of the following overlay districts may apply to new development in the residence districts: Town Core District and Highway Commercial District.
(K) Plan review in residential districts. All development in the R3 to Core Residence Districts shall be subject to site plan review, as provided for in § 157.039.
(Ord. 1997-1, § 130.6(A), passed 1-22-1997)