§ 156.026 B-1 LOCAL BUSINESS DISTRICT.

(A) Permitted uses: Agricultural use; single-family dwelling; manufactured home; mobile home park (see § 156.051 of this code); antenna, if collocated on an existing or previously approved tower; and sign requirements are set forth in §§ 156.090 through 156.097 of this code.

(B) See § 156.068 of this code for fence requirements and yard exceptions.

(Ord. 8-7-12-3, passed 10-10-1961; Ord. 2003-5, passed 11-3-2003; Ord. passed 1- -2004)

§ 156.024 R-2 GENERAL RESIDENCE DISTRICT.

This district is designed to accommodate single-family, two-family and multi-family dwellings. This district may also be used to provide a transition area between single-family residential areas and more intensively used areas.

(A) Permitted uses.

(1) Agricultural use;

(2) Single-family dwelling;

(3) Two-family dwelling;

(4) Multi-family dwelling;

(5) Manufactured home;

(6) Antenna, if collocated on an existing or previously approved tower;

(7) Special exceptions set forth in §§ 156.045 through 156.051 of this code;

(8) Contingent uses set forth in § 156.034 of this code;

(9) Accessory uses set forth in § 156.075 of this code; and

(10) Temporary uses set forth in § 156.076 of this code.

(B) Other requirements for the R-2 District.

(1) Lot area, ground floor area, lot width, lot coverage and front, side and rear yard requirements are set forth in § 151.04 of this code.

(2) See § 156.067 of this code for front yard or setback and additional yard requirements.

(3) Height requirements are set forth in § 156.073 of this code.

(4) Off-street parking space requirements are set forth in § 156.078 of this code.

(5) Sign requirements are set forth in §§ 156.090 through 156.097 of this code.

(6) See § 156.068 of this code for fence requirements and yard requirements.

(7) Prior to the issuance of an improvement location permit for the conversion of an existing single-family dwelling to a two-family dwelling or multi-family dwelling, all provisions set forth herein for a two-family dwelling shall be met.

(Ord. 8-7-12-3, passed 10-10-1961; Ord. 2003-5, passed 11-3-2003; Ord. passed 1- -2004)

§ 156.025 R-3 RESIDENTIAL DISTRICT.

(A) Principal permitted uses. No building, structure or land shall be used, and no building or structure shall be erected, altered or enlarged which is arranged, intended or designed for other than one of the following uses, except as provided in Article 16 above.

(1) Residential. One-family detached dwelling and multi-family dwellings for any number of families or housekeeping units, except mobile homes having less than 950 square feet, which units include individual kitchen facilities for each housekeeping unit, but not including lodging homes and boarding houses for any guest.

(2) Institutional and cultural. Churches and other places of worship and Sunday school buildings located not less than 20 feet from any other lot in any R District; schools and colleges for academic instruction, located not less than 40 feet and public libraries, public museums, public art galleries and similar public cultural uses located not less than 20 feet from any other lot in any R District; and cemeteries.

(3) Recreational. Public parks, playgrounds, recreational and community center buildings and grounds, golf courses, country clubs, tennis courts and similar recreational uses, all of a noncommercial nature; provided that any principal building used therefor shall be located not less than 40 feet from any other lot in any R District.

(4) Agricultural. Nurseries, greenhouses and general farming not including commercial animal farms or kennels provided that any greenhouse heating plant shall be distant not less than 200 feet from any lot line.

(5) Essential; services. As defined in paragraph 13.30 and 15.08.

(6) Antennas. Antennas, if collocated on an existing or previously approved tower.

(B) Conditionally permitted uses. The following uses shall be permitted only if expressly authorized by the Board in accordance with provisions of Article 61:

(1) Private, noncommercial recreation areas and facilities not listed above, including club swimming pools; provided, that no such swimming pool shall be located nearer than 100 feet from any other lot in any R District;

(2) Static transformer stations, booster stations and other utility stations, when operating requirements necessitate locating in an R-1 District; provided, that there is no yard or garage for service or storage, and, provided further, that the premises upon which such utility station is erected and maintained shall be appropriately landscaped and screened so as to be in harmony with the general appearance of the neighborhood;

(3) Any hospital for human care, provided that buildings which are used for the treatment of contagious diseases, drug addicts, the feeble-minded or insane, shall be at least 200 feet distant from any lot in any R District;

(4) Pre-school; nursery;

(5) On premises only that front on a street officially designated as a state or federal highway and subject to the provisions of Article 41;

(6) Private clubs, fraternities, sororities, lodges and meeting places for other similar organizations not including those which are customarily conducted as a gainful business, provided that all buildings in which such organizations or activities are housed shall be at least 20 feet from any lot in any R District;

(7) Antique shops; and

(8) Funeral homes and mortuaries.

(C) Accessory uses. Accessory uses, buildings or other structures customarily incidental to any aforesaid permitted or conditionally permitted uses may be established, erected or constructed; provided, that such accessory uses shall not involve the conduct of any business, trade or industry or any private way or walk giving access to such activity, or any billboard, sign or poster other than hereinafter authorized:

(1) Gardening, farm animals and the like. Gardening, the raising of vegetables or fruits and the keeping of domestic or farm animals exclusively for the use or personal enjoyment of residents of the premises and not for commercial purposes, provided that any heating plant and any structures in which farm animals are kept shall be located at least 100 feet from every lot line;

(2) Summer houses and servants quarters. Summer houses and living quarters of persons employed on the premises, without kitchen facilities and not rented or otherwise used as a separate dwelling;

(3) Parking facilities. Garages, carports or other parking spaces for the exclusive use of residents of the premises;

(4) Swimming pools. Swimming pools, exclusively for the use of the residents; and

(5) Real estate and professional signs. Real estate, small announcement and professional signs subject to the provisions of Article 42.

(D) Height regulations. No principal structure shall exceed three and one-half stories or 40 feet in height, and no accessory structure shall exceed two stories or 25 feet in height, except as provided in Article 51.

(E) Lot area, frontage and yard regulations.

	Front Lot Area	Lot Frontage	Lot Area Per Family	Yard Depth
One-family dwellings	3/4 acre	100 feet	3/4 acre	25 feet
Two-family dwellings	1 acre	150 feet	½ acre	25 feet
Multi-family dwellings and other permissible uses	5 acres	300 feet	10,000 square feet	25 feet

	Side Yard Widths Least Width	Sum L. Width	Rear Yard Depths
One-family dwellings	10 feet	25 feet	40 feet
Two-family dwellings	10 feet	25 feet	40 feet
Dwellings and other permissible uses	20 feet	50 feet	50 feet

(F) Sanitary waste system. All structures constructed in a R-3 Residential District must be connected to either a public sewer system or a private sewage treatment plant or system approved by the state’s Board of Health.

(G) Flood regulations. Any of the uses permitted by this section shall be prohibited if the same are prohibited by state statutes and the rules and regulations of the state’s Natural Resources Commission.

(H) Permanent structures. All permanent structures constructed in any R-3 residential area shall be constructed such that the first floor including basement; of such structure have an elevation which is at least two feet above the 100-year flood level as determined by the Water Division of the state’s Natural Resources Commission or be flood proved as required by the state’s Natural Resources Commission to the level of at least two feet above the 100-year flood level.

(Ord. 2, passed 4-4-1983; Ord. 2003-5, passed 11-3-2003)

§ 156.026 B-1 LOCAL BUSINESS DISTRICT.

The B-1 Local Business District is designed to meet the day-to-day convenience shopping and service needs of persons living in nearby residential areas. Uses allowed in this district will, in general, be a less intense use than those allowed in the B-2 or B-3 Districts.

(A) Permitted uses.

(1) Agricultural use;

(2) Single-family dwelling;

(3) Two-family dwelling;

(4) Multi-family dwelling;

(5) Manufactured home;

(6) Wireless telecommunications service antenna, if visually integrated with or camouflaged on or within another structure (such as a chimney stack, church spire, light standards, monument, penthouse, power line support device or water tower), or if collocated on an existing or previously approved tower;

(7) Radio or television transmission antenna, if mounted on another structure tower;

(8) Local business uses which are primarily of a retail or service nature and specifically classified or implied in the following categories of uses. Local business uses listed in divisions (A)(6)(b) through (A)(6)(i) below inclusive, and through (A)(6)(o) below shall be conducted within buildings so constructed that no noise of any kind produced therein shall be audible beyond the confines of the building:

(a) Automobile service:

1. Public garage, but not including major repair or body work;

2. Indoor salesroom; and

3. Repair (all indoors).

(b) Business service:

1. Bank;

2. Office building;

3. Postal station;

4. Telegraph office;

5. Telephone exchange or public utility substation; and

6. Utility company business office.

1. Laundry agency;

2. Self-service laundry and dry cleaning;

3. Dry cleaning establishment using not more than three clothes-cleaning units, none of which shall have a rated capacity of more than 40 pounds using cleaning fluid which is non-explosive and non-flammable;

4. Dressmaking;

5. Millinery;

6. Tailor and pressing shop; and

7. Shoe repair shop.

(d) Equipment service:

1. Radio or television shop and sales;

2. Electric appliance shop and sales; and

3. Record shop and sales.

(e) Food service:

1. Grocery;

2. Meat market;

3. Supermarket;

4. Restaurant;

5. Delicatessen;

6. Cold storage lockers, for individual use; and

7. Bakery, provided floor area used for production shall not exceed 750 square feet.

(f) Personal service:

1. Barber shop;

2. Beauty shop;

3. Physical fitness facility; and

4. Photographic studio.

(g) Retail service, retail stores, generally:

1. Drug store;

2. Hardware or paint store;

3. Stationer;

4. Newsdealer;

5. Show room and sales area for articles to be sold at retail;

6. Apparel shop;

7. Antique shop;

8. Shoe store;

9. Variety store;

10. Toy store;

11. Jewelry store;

12. Flower or garden shop; and

13. Gift shop.

(h) Business recreational uses:

1. Billiard room;

2. Dancing academy;

3. Tavern or night club, only in conformity with requirements of laws or ordinances governing such use; and

4. Bait sales.

(i) Club or lodge;

(j) Business sign (see §§ 156.090 through 156.097 of this code);

(k) Clinic;

(l) Farm implement (machinery) (new or used) sales and service area or building;

(m) Mortuary;

(n) Pet shop;

(o) Studio: Business (art, interior decorating, music and the like); and

(p) Accessory building or use customarily incident to the above uses which may not have more than 40% of its floor area devoted to storage purposes, and provided that not more than five persons are employed at one time or on any one shift in connection with such incidental use.

(9) Special exceptions set forth in §§ 156.045 through 156.051 of this code;

(10) Contingent uses set forth in § 156.034 of this code;

(11) Accessory uses set forth in § 156.073 of this code; and

(12) Temporary uses set forth in § 156.076 of this code.

(B) Other requirements for the B-1 District.

(1) For local business uses, each lot shall have at least 50 feet of frontage on a street. See § 156.067 of this code for front yard or setback and additional yard requirements for local business uses.

(2) For residential uses, the lot area, ground floor area, lot width, lot coverage and front, side and rear yard requirements are set forth in Figure 1. See § 156.067 of this code for front yard or setback and additional yard requirements.

(3) Height requirements are set forth in § 156.073 of this code.

(4) Off-street parking space requirements are set forth in § 156.078 of this code.

(5) See § 156.068 of this code for fence requirements.

(6) Sign requirements are set forth in §§ 156.090 through 156.097 of this code.

(7) See § 156.074 of this code for supplementary business standards.

(Ord. 8-7-12-3, passed 10-10-1961; Ord. 2003-5, passed 11-3-2003; Ord. passed 1- -2004)

§ 156.027 B-2 ROADSIDE BUSINESS DISTRICT.

The B-2 Roadside Business District is intended to provide for business uses normally requiring drive-in facilities related to a street or highway; however, all business uses require approval of the Board of Zoning Appeals in accordance with the special exception procedure set forth in §§ 156.045 through 156.051 of this code.

(A) Permitted uses.

(1) Agricultural use;

(2) Single-family dwelling;

(3) Two-family dwelling;

(4) Multi-family dwelling;

(5) Manufactured home;

(6) Local business uses;

(7) Roadside business uses specifically stated or implied in the following categories:

(a) Local business uses;

(b) Filling station;

(d) Automobile and truck repair, entirely within enclosed buildings;

(e) Indoor theater;

(f) Bowling alley, roller rink or racquet sports facility, entirely within enclosed buildings;

(g) Department store;

(h) Hotel or motel;

(i) Veterinary hospital for small animals;

(j) Kennel;

(k) Newspaper publishing;

(l) Motor bus or railroad passenger station;

(m) Greenhouse not exceeding 1,000 square feet;

(n) Drive-in restaurant;

(o) Radio or television station or studio;

(p) Boat sales, service, storage and rentals;

(q) Hospital; and

(r) Laboratories for testing and research excluding the raising of animals for research and excluding the testing of fissionable material.

(8) Wireless telecommunications service antenna, if visually integrated with or camouflaged on or within another structure (such as a chimney stack, church spire, light standards, monument, penthouse, power line support device or water tower), or if collocated on an existing or previously approved tower;

(9) Radio or television transmission antenna, if mounted on another structure tower;

(10) Special exceptions set forth in §§ 156.045 through 156.051 of this code;

(11) Contingent uses set forth in § 156.034 of this code;

(12) Accessory uses set forth in § 156.075 of this code; and

(13) Temporary uses set forth in § 156.076 of this code.

(B) Other requirements for the B-2 District.

(1) For roadside business uses, each lot shall have at least 100 feet of frontage on a street. See § 156.067 of this code for front yard or setback and additional yard requirements for roadside business uses.

(2) For residential uses, the lot area, ground floor area, lot width, lot coverage and front, side and rear yard requirements are set forth in Figure 1. (The requirements for residential uses in the B-2 District are the same as those in the B-1 District.) See § 156.067 of this code for front yard or setback and additional requirements.

(3) Height requirements are set forth in § 156.073 of this code.

(4) Off-street parking space requirements are set forth in § 156.078 of this code.

(5) See § 156.068 of this code for fence requirements.

(6) Sign requirements are set forth in §§ 156.090 through 156.097 of this code.

(7) See § 156.074 of this code for supplementary business standards.

(Ord. 8-7-12-3, passed 10-10-1961; Ord. 2003-5, passed 11-3-2003; Ord. passed 1- -2004)

§ 156.028 B-2A COMMERCIAL CORRIDOR DISTRICT.

The B-2A Commercial Corridor District is intended to provide for business uses related to a major arterial street or highway. The types of businesses listed below do not require a public hearing but do require plan approval by the Board of Zoning Appeals. All other business uses including special exemptions would require public hearings by the Board of Zoning Appeals.

(A) Permitted uses.

(1) Agricultural use;

(2) Local business uses;

(3) Roadside business uses specifically stated or implied in the following categories:

(a) Local business uses;

(b) Filling station;

(d) Automobile and truck repair, located entirely within enclosed buildings;

(e) Indoor theater;

(f) Bowling alley, roller rink or racquet sports facility, located entirely within enclosed buildings;

(g) Department store;

(h) Hotel or motel;

(i) Veterinary hospital for small animals;

(j) Newspaper publishing;

(k) Motor bus or railroad passenger station;

(l) Greenhouse not exceeding 1,000 square feet;

(m) Restaurant;

(n) Radio or television station or studio;

(o) Boat sales, service, storage and rentals;

(p) Hospital;

(q) Laboratories for testing and research excluding the raising of animals for research and excluding the testing of fissionable material; and

(r) Public storage facility.

(4) Wireless telecommunications service antenna, if visually integrated with or camouflaged on or within another structure (such as a chimney stack, church spire, light standards, monument, penthouse, power line support device or water tower), or if collocated on an existing or previously approved tower;

(5) Radio or television transmission antenna, if mounted on another structure tower;

(6) Accessory uses set forth in § 156.075 of this code; and

(7) Temporary uses set forth in § 156.076 of this code.

(B) Other requirements for the B-2A District.

(2) Height requirements are set forth in § 156.073 of this code.

(3) Off-street parking space requirements are set forth in § 156.078 of this code.

(4) See § 156.068 of this code for fence requirements.

(5) Sign requirements are set forth in §§ 156.090 through 156.097 of this code.

(6) See § 156.074 of this code for supplementary business standards.

(Ord. 8-7-12-3, passed 10-10-1961; Ord. 2003-5, passed 11-3-2003; Ord. passed 1- -2004)

§ 156.029 I-1 ENCLOSED INDUSTRIAL DISTRICT.

The I-1 Enclosed Industrial District is established to include most of the existing developments and provide for industrial expansion, and is one in which manufacturing, fabricating, processing, extraction, repairing, dismantling, storage or disposal of equipment, raw materials, manufactured products or wastes is conducted entirely within enclosed buildings of any size, provided that such use shall conform to the performance standards set forth herein. Business uses are not permitted in this district, and material storage (open) may be permitted as a special exception.

(A) Permitted uses.

(1) Agricultural uses;

(2) Single-family dwelling;

(3) Manufactured home;

(4) Enclosed industrial uses specifically stated or implied in the following categories:

(a) Enclosed industrial uses including processing, refining and repairing of goods, materials or products;

(b) Engineering or research laboratories, vocational or industrial training facilities, data processing or analysis;

(c) Mass transportation rights-of-way, including passenger stations, shelter stations and layover areas for transit vehicles and off-street parking facilities; provided, however, such uses, except rights-of-way, shall not exceed within 20 feet of a Residential District;

(d) Enclosed wholesaling, warehousing packaging, storage or distribution facilities (including commercial greenhouses);

(e) General offices associated with an industrial use, including service facilities for employees or guests; provided, however, any service facilities shall be entirely enclosed within a building;

(f) Printing, lithographing, publishing or photography establishments;

(g) Utility installations and facilities; and

(h) Public water wells, water stations, filtration plant, reservoirs and storage tanks.

(5) Wireless telecommunications service antenna, if visually integrated with or camouflaged on or within another structure (such as a chimney stack, church spire, light standards, monument, penthouse, power line support device or water tower), or if collocated on an existing or previously approved tower;

(6) Radio or television transmission antenna, if mounted on another structure tower;

(7) Special exceptions set forth in §§ 156.045 through 156.051 of this code;

(8) Contingent uses set forth in § 156.034 of this code;

(9) Accessory uses set forth in § 156.075 of this code; and

(10) Temporary uses set forth in § 156.076 of this code.

(B) Other requirements for the I-1 District.

(1) For enclosed industrial uses, each lot shall have at least 100 feet of frontage on a street or service road, provided that lots may be combined into a tract development with adequate access, in which case the frontage of the tract shall be at least 200 feet. See § 156.067 of this code for front yard or setback and additional yard requirements and planting screen requirements for interchange business uses.

(2) Height requirements are set forth in § 156.073 of this code.

(3) Off-street parking space requirements are set forth in § 156.078 of this code.

(4) The total floor area of the enclosed industrial building or buildings shall not exceed 60% of the lot area.

(5) Sign requirements are set forth in §§ 156.090 through 156.097 of this code.

(1) Restrictions. No activity involving the storage, utilization or manufacture of materials or products which decompose by detonation shall be permitted, unless specifically approved by the Board of County Commissioners. Such activity shall be conducted in accordance with the rules promulgated by the State Fire Marshal. Such materials shall include, but are not limited to: All primary explosives such as lead azide, lead styphnate, fulminates and tetracene; all high explosives such as TNT, TDX, PETN and picric acid; propellants and components thereof, such as nitrocellulose, black powder, boron hydrides, hydrazine and its derivatives; pyrotechnics and fireworks such as magnesium powder, potassium chlorate and potassium nitrate; blast explosives such as dynamite and nitroglycerine; unstable organic compounds such as acetyrides, tetrazoles and ozonides; strong oxidizing agents such as liquid oxygen, perchloric acid, perchlorates, chlorates and hydrogen peroxide in concentrations greater than 35%; and nuclear fuels, fissionable materials and products; and reactor elements such as but not limited to Uranium 235 and Plutonium 239.

(2) Exceptions. The restrictions of this division (C) shall not apply to:

(a) The activities of site preparation or construction, maintenance, repair, alteration, modification or improvement of buildings, equipment or other improvements on or within the lot line;

(b) The operation of motor vehicles or other facilities for the transportation of personnel, materials or products;

(c) Conditions beyond the control of the user such as fire, explosion, accidents, failure or breakdown of equipment or facilities or emergencies; or

(d) Safety or emergency warning signals or alarms necessary for the protection of life, limb or property.

(3) Outdoor storage.

(a) Outdoor storage which is used as an accessory use to an enclosed industrial use in the I-1 District, may be permitted by the Board of Zoning Appeals; provided, that the said storage is located behind the building line and in such a manner that it cannot be seen from the frontal street or a side street.

(b) Screen planting or fence or wall, not to exceed eight feet in height, may be employed to screen storage areas from view.

(4) Smoke. The emission of more than 70 smoke units per hour per stack and emissions in excess of Ringelmann No. 2 are prohibited except for one hour during a 24-hour period in which this rate may be increased to 80 smoke units per hour per stack up to and including Ringelmann No. 3 for the purposes of process purging, soot blowing and fire cleaning.

(5) Particulate matter.

(a) The rate of particulate matter from an individual process within the boundaries of any lot shall not exceed a figure of six-hundredths of one pound effluent gas.

(b) Not more than 50% by weight of particles larger than 44 microns (325 mesh) shall be allowed.

(6) Odor. Any activity or operation which releases odors to the atmosphere shall be so controlled as to ensure that it will produce no public nuisance or hazard at or beyond the nearest residence or business district boundary line.

(7) Poisonous and injurious fumes and gases. The emission from any source shall not cause at or beyond any lot line, concentrations of toxic and/or injurious fumes or gases in excess of 10% of the threshold limit set for fume or gas in question in the Threshold Limit Values for Toxic Materials in Industry issued by the state’s Board of Health, from the American Conference of Governmental Hygienists, latest issue.

(8) Glare and heat. No operation, activity or structure shall cause heat or glare in such a manner as to be a public nuisance at or beyond any residence or business district boundary.

(9) Vibration. Any use creating intense earth-shaking vibrations such as are created by a heavy drop forge shall be set back from a residence district boundary at least 250 feet, or at least 150 feet from a business district boundary.

(10) Noise. At no point 125 feet from the boundary of an I-1, I-2 or B-3 District, which permits an enclosed industrial use, shall the sound pressure level of any operation or plant (other than background noises produced by sources not under the control of this chapter) exceed the decibel limits in the octave bands designated as follows:

Enclosed Industrial Use
Octave Band Frequency (Cycles Per Second)	Maximum Permitted Sound Level (in Decibels) 125 Feet from District Adjoining Residence District Boundaries	Maximum Permitted Sound Level (in Decibels) 125 Feet from District Adjoining Business District Boundaries
0 to 75	75	80
75 to 150	70	75
150 to 300	65	70
300 to 600	59	64
600 to 1,200	53	58
1,200 to 2,400	48	53
2,400 to 4,800	48	49
Above 4,800	41	46

(11) Fire hazards. The storage, utilization or manufacture of solid materials products shall conform to the provisions of this chapter.

(Ord. 8-7-12-3, passed 10-10-1961; Ord. 2003-5, passed 11-3-2003; Ord. passed 1- -2004)

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