§ 153.029 AGRICULTURAL DISTRICT.

   (A)   The district designated for agricultural use, A-1, is intended to preserve and protect agricultural land from undesirable urban growth while permitting limited residential development on large-size lots which provide adequate space for private water and sewerage facilities.

   (B)   Planned residential subdivisions with smaller size lots may be approved by the Board of Zoning Appeals if the development provides for common utilities systems and meets the requirements of § 153.053.

(Ord. O-C-97-10, passed 12-22-1997)

§ 153.030 SCENIC DISTRICT.

   The district designated as Scenic are those areas otherwise designated as Agricultural A-1 and Conservation C-1 which lie within 250 feet on either side of State Highway 66 between the intersection of State Highways 66 and 166 in Section 7, Township 7 South, Range 2 West, and the intersection of Highway 66 with the north line of Section 1, Township 4 South, Range 1 West. The Scenic District is designed to provide sufficient spacing between residences and other permitted uses, to preserve the scenic qualities in the designated areas.

(Ord. O-C-97-10, passed 12-22-1997)

§ 153.031 RESIDENTIAL DISTRICTS.

   Districts designated for residential use, R-1 and R-2, are limited to dwellings and public or semi-public uses which are normally associated with residential neighborhoods. The only new uses permitted in the residential districts are those which would not detract from the residential character of the neighborhood. The purpose of these districts is to create an attractive, stable and orderly residential environment. However, the families per dwelling and the lot and yard requirements are different in the two districts to provide for the various housing needs and desires of the citizens of the county.

(Ord. O-C-97-10, passed 12-22-1997)

§ 153.032 BUSINESS DISTRICTS.

   (A)   Generally. The districts designated for business, B-1 and B-2, are limited to business.

   (B)   Performance standards for uses in Business District. All uses within the B-1 and B-2 Business Districts shall conform with the following performance standards.

      (1)   Smoke. No smoke is emitted of a density greater than No. 1 according to the Ringlemann’s Scale, except that smoke of a density not in excess of No. 2 of Ringlemann’s Scale shall be permitted for a period not in excess of six minutes in any hour.

      (2)   Fly ash. No particles from any flue or smokestack shall exceed 0.2 grains per cubic foot of flue gas at a stack temperature of 500°F.

      (3)   Dust. No dust of any kind produced by the business operations shall be permitted to escape beyond the confines of the building in which it is produced.

      (4)   Odor. No noxious odor of any kind shall be permitted to extend beyond the lot lines.

      (5)   Gasses and fumes. No gasses or fumes, toxic to persons or injurious to property shall be permitted to escape beyond the building in which they occur.

      (6)   Glare. No glare shall be seen from any street or any residential area.

      (7)   Vibration. No intense earth shaking vibration shall be created or maintained by any business beyond the boundary line of the tract on which it is located.

      (8)   Noise and sound. A maximum of 70 decibels at the property line is permitted. Noise is required to be muffled so as not to become objectionable due to intermittence, beat frequency or shrillness. Sound may equal but not exceed street traffic noise in the vicinity during a normal day shift work period.

(Ord. O-C-97-10, passed 12-22-1997)

§ 153.033 INDUSTRIAL DISTRICT.

   The districts designated for industry, I-1, I-2 and I-3, provide suitable space for existing industries and their expansion as well as for future industrial development and for specific intensive commercial uses. Performance standards, parking specifications and yard regulations are set forth in this chapter in order to ensure development that is generally compatible with adjacent uses and that includes specific design and operational elements to limit the negative impacts on adjacent and other nearby uses.

(Ord. O-C-97-10, passed 12-22-1997; Ord. O-C-07-6, passed 10-9-2007)

§ 153.034 SCENIC CORRIDOR OVERLAY DISTRICT.

   (A)   The Scenic Corridor Overlay District shall apply to all properties within 1,000 feet of either side of the centerline of the following roads and highways:

      (1)   State Road 145 for a distance of one mile north and one  mile south of its junction with Interstate 64; and

      (2)   State Road 37 for a distance of one  mile north and one mile south of its junction with Interstate 64.

   (B)   Development within the designated scenic corridor shall comply with the provisions of this chapter in addition to the district within which the property is located as noted on the zoning maps. If there is a conflict between the regulations of the Scenic Corridor Overlay District and the regulations of another district which applies to the property, the regulations of the Scenic Corridor Overlay District shall apply.

   (C)   All new development within the Scenic Corridor Overlay District shall comply with the provisions of this chapter, except that the following shall be exempt from compliance with this chapter:

      (1)   Existing farm or agricultural-related structures;

      (2)   Future farm or agricultural-related structures;

      (3)   Existing single-family dwellings and manufactured homes on an existing lot of record;

      (4)   Future single-family dwellings of the type permitted by this chapter; and

      (5)   With respect to completed development existing on the effective date of this chapter, except for development described in divisions (C)(1) through (C)(4) above, any new or additional improvements to the real estate shall be subject to compliance with these regulations. Additionally, if the square footage of an expansion or addition to existing development is equal to or greater than 30% of the square footage of the existing development, then the wall of the existing development where the improvement is attached as well as the expansion or addition shall be subject to compliance with these regulations.

(Ord. O-C-07-8, passed 10-22-2007)

§ 153.035 PERMITTED USES.

   The permitted uses for each district are shown on Table A. The uses that are listed for the various districts shall be according to the common meaning of the term or according to definitions given in § 153.011. Uses not specifically listed or defined to be included in the categories under §§ 153.025 through 153.039 shall not be permitted.

(Ord. O-C-97-10, passed 12-22-1997; Ord. O-C-01-4, passed 7-2-2001; Ord. O-C-07-6, passed 10-9-2007)

§ 153.036 SPECIAL EXCEPTIONS.

   The special exceptions for each district that may be permitted by the Board of Zoning Appeals are shown on Table A. The Board of Zoning Appeals shall follow the provisions of § 153.098 and the notice provisions of § 153.118 of this chapter when considering any application for a special exception.

Table A - Zoning Districts; Permitted Uses; Special Exceptions

A-1 AGRICULTURE DISTRICT

Permitted Uses

Accessory uses

Agriculture

Basement homes

Churches

Essential services

Home occupations

Mobile homes

Noncommercial recreation use

Nursery and greenhouses

Public and parochial schools

Public parks and playgrounds

Single-family dwellings

Special Exceptions

Airports

Campgrounds

Cemeteries

Commercial recreation use

Fire stations

Golf courses

Hospital and clinics

Mineral excavation

Mobile home parks

Municipal buildings and libraries

Nursery school

Parking lots

Planned unit residential project

Private clubs

Public utility buildings

Rest homes

Swimming pools

Water and sewage treatment plants

B-1 BUSINESS DISTRICT

Permitted Uses

Accessory uses

Automobile sales, services and repair

Cleaners and laundries

Eating and drinking establishments

Essential services

Farm implement sales, service and repair

Fire stations and municipal buildings

Hotels and motels

Massage therapy service, subject to the criteria set forth in § 153.061

Media store

Media store with sexually oriented media, subject to the criteria set forth in § 153.062

Mobile homes sales

Nursery and greenhouses

Offices

Offices and banks

Parking lots

Personal and professional services

Public parks

Public utility buildings

Retail business

Supply yards

Theaters

Special Exceptions

Churches

Commercial recreation

Commercial schools

Dairies

Funeral homes

Hospitals and clinics

Light industrial, as defined in § 153.011

Planned unit business project

Printing shop

Schools, public and parochial

Warehouses

Wholesale businesses

B-2 BUSINESS DISTRICT

Permitted Uses

Accessory uses

Eating and drinking establishments

Essential services

Fire stations and municipal buildings

Home occupation

Media store

Media store with sexually oriented media, subject to the criteria set forth in § 153.062

Nursery and green houses

Offices

Offices and banks

Parking lots

Personal and professional services

Public parks

Public utility buildings

Retail business

Special Exceptions

Churches

Commercial recreation

Funeral homes

Hospitals and clinics

Multiple-family dwellings

Planned unit business project

Schools, public and parochial

Single-family dwellings

C-1 CONSERVATION DISTRICT

Permitted Uses

Accessory uses

Agriculture

Basement homes

Essential services

Mobile homes

Public parks and playgrounds

Recreational uses

Single-family dwellings

Special Exceptions

Campgrounds

Cemeteries

Churches

Golf courses

Home occupations

Mineral excavation

Private clubs

Riding stables

Swimming pools

Water and sewage treatment plants

I-1 LIGHT INDUSTRIAL DISTRICT

Permitted Uses

Accessory uses

Essential services

Fire stations and municipal buildings

Light industrial, as defined in § 153.011

Offices

Parking lots

Research and testing labs

Sex shop, subject to the separation requirements of § 153.063

Sexually oriented cabaret, subject to the separation requirements of § 153.063 and to the criteria set forth in § 153.064

Sexually oriented media store, subject to the separation requirements of § 153.063

Sexually oriented motion picture theater or establishment showing sexually oriented videos on premises, subject to the separation requirements of § 153.063 and to the criteria set forth in § 153.065

Warehouses

Water and sewage treatment plants

Wholesale businesses

Special Exceptions

Agriculture

Mineral extraction

Planned unit industrial projects

Recycling plant for wastes of a type described in § 153.011

Restaurants

Supply yards

I-2 HEAVY INDUSTRIAL DISTRICT

Permitted Uses

Accessory uses

Essential services

Essential services and accessory uses

Fire stations and municipal buildings

Fire stations and municipal buildings

Heavy industrial, as defined in § 153.011

Light industrial, as defined in § 153.011

Offices

Parking lots

Planned unit industrial projects

Recycling plant

Research and testing labs

Salvage yard (other than motor vehicle)

Supply yards

Truck and railroad terminals

Warehouses

Water and sewage treatment plants

Water and sewage treatment plants

Wholesale businesses

Special Exceptions

Agricultural

Mineral extraction

Motor vehicle salvage yard

Municipal waste (solid) transfer station

I-3 SPECIAL INDUSTRIAL DISTRICT

Permitted Uses

Energy generation power plant

Essential services and accessory uses

Explosives blending facility

Special Exceptions

Chemical production facility

Hazardous waste and noxious waste facility

R-1 RESIDENTIAL DISTRICT

Permitted Uses

Accessory uses

Essential services buildings

Mobile homes

Public and parochial schools

Public parks and playgrounds

Single-family dwellings

Special Exceptions

Agriculture

Basement homes

Cemeteries

Churches

Fire stations

Home occupations

Mobile home parks

Municipal buildings and libraries

Nursery schools

Parking lots

Planned unit residential project

Public utility buildings

R-2 RESIDENTIAL DISTRICT

Permitted Uses

Accessory uses

Essential services

Mobile homes

Public and parochial schools

Public parks and playgrounds

Single-family dwellings

Two-family dwellings

Special Exceptions

Basement homes

Churches

Fire stations

Funeral homes

Home occupations

Mobile home parks

Multiple-family dwellings

Municipal buildings and libraries

Nursery schools

Parking lots

Planned unit residential project

Private clubs

Public utility buildings

Rest homes

 

(Ord. O-C-97-10, passed 12-22-1997; Ord. O-C-01-4, passed 7-2-2001; Ord. O-C-07-6, passed 10-9-2007)

§ 153.037 LOT AND YARD REQUIREMENTS.

   (A)   The minimum lot area, minimum width of lot, minimum depth of front yard, minimum width of each side yard and minimum depth of rear yard for each district shall be as shown on the following table:

Table B - Lot and Yard Requirements
District	Min. Lot Area (Sq. Ft. or Acres)	Min. Lot Area/ Family (Sq. Ft. or Acres)	Min. Lot Width (Ft.)	Min. Depth Front Yard (Ft.)	Min. Width Side Yard (Ft.)*	Min. Depth Rear Yard (Ft.)
A-1 AGRICULTURE
Single-family dwellings	1 acre	1 acre	150	35	10	30
Other uses	5 acres	-	500	50	30	30
B-1 and B-2 BUSINESS
All uses	1 acre	-	150	35	10	30
C-1 CONSERVATION
Single-family dwellings	1 acre	1 acre	150	35	10	30
Other uses	5 acres	-	500	50	30	30
I-1, I-2, I-3 INDUSTRIAL
All uses	1 acre	150	35	10	30	15
R-1 RESIDENTIAL
All uses not served by central sewerage systems	1 acre	1 acre	150	35	10	30
All uses served by central sewerage systems	7,500 sq. ft.	7,500 sq. ft.	75	35	10	30
R-2 RESIDENTIAL
All uses (except multiple-family dwellings) not served by central sewerage systems	1 acre	1 acre	150	35	10	30
All uses (except multiple-family dwellings) served by central sewerage systems	7,000 sq. ft.	7,000 sq. ft.	60	20	10	30
Multiple-family dwellings (must be served by central sewerage systems)	7,000 plus1,500 sq. ft.		90	20	15	30
Scenic		3 acres	500	100	30	100
* Principal structures

 

   (B)   Lots which abut on more than one street shall provide the required front yards along every street.

   (C)   No portion of a principal structure, whether open or enclosed, including garages, porches, carports, balconies, roofs or platforms above normal grade level, shall project into any minimum front, side or rear yard. Accessory structures may be located within five feet of the side and rear property lines.

   (D)   Any lot of record existing at the effective date of this chapter may be used for the erection of a structure conforming to the use regulations of the district in which it is located, even though its area and width are less than the minimum requirements of this chapter; however, its width and area must conform to the requirements of the zoning ordinance replaced by Ordinance O-C-97-10.

   (E)   In any residential district (R-1 or R-2) where at least 25% of the lots in a block are occupied by existing residential structures, the minimum depth of the front yards of the existing residential structures shall be the minimum depth required by this chapter.

(Ord. O-C-97-10, passed 12-22-1997)