(a) Residential District. Within the Residential District no premises or buildings shall be used and no building shall be erected which are arranged, intended or designed to be used for other than one or more of the following uses and the following regulations shall apply:
(1) Residence for not more than two families together with such other buildings as are ordinarily appurtenant thereto.
(2) Churches, Offices of Clergymen, Public Parks, Playgrounds and Recreation Areas, Kindergartens, Public Schools, Parochial Schools and Nursery Schools, provided, however, that the word "schools" as used in this connection shall not include Trade or Vocational Schools.
(3) Public Libraries.
(4) Raising farm crops, provided no farm building shall be erected or used thereupon.
(5) Tourist homes, rooming houses and boarding houses accepting not more than four guests at any one time provided at least three-fourths of the property owners within a radius of 340 feet from the center of lot or lots or premises on which the same are
to be located consent thereto in writing which writing is filed with the Planning Commission. In the event that any disagreement arises as to center of lot or lots or premises, the Planning Commission shall determine such center and its decision shall be final and subject to no review.
(6) Any person may maintain any office or may carry on a customary home occupation in the dwelling house used by him as his private residence, providing such use does not involve any extension of modifications of the dwelling which will alter its outward appearance as a dwelling, and providing such does not involve any outward evidence to such use other than a sign as authorized in another section of the Zoning Ordinance, and provided such use does not occupy more than twenty-five percent (25%) of the total floor area of the dwelling unit.
(7) Uses customarily incident to any of the above uses when located on the same lot and not involving the conduction of a business.
(8) No building or structure shall exceed two and one-half stories or thirty feet in height.
(Ord. 1963-6. Passed 6-3-63.)
(9) Yards required. The front yard (set-back building line) for all buildings shall be a minimum of thirty feet from any existing or proposed right of way, and street or road, except that where a uniform set-back line has been established or observed at one side of a street between two intersecting streets, which is less than thirty feet at the time of the passage of this Zoning Ordinance any building erected or structurally altered shall not project beyond this set-back line. There shall be a minimum side yard on each side of any building or structure of ten feet measured from the side lot line to the nearest building or structure. There shall be a minimum rear yard clearance of not less than ten feet. The minimum building set-back line on any street not having lots fronting upon it shall be fifteen feet from the required right-of-way or easement line. Where the street on the side of a corner lot has lots fronting on it within the same block on the same side of the street, the building set-back on the side of the corner lot shall conform to the set-back requirements of such streets.
(Ord. 1963-6. Passed 6-3-63; Ord. 1980-4. Passed 6-9-80.)
(10) Within Residential District there shall be no restrictions upon buildings or premises located therein as to size of buildings, other than height.
(b) Commercial District. Within the Commercial District no premises or buildings shall be used and no building shall be erected or arranged, intended or designed to be used for other than one or more of the following regulations and the following uses shall apply.
(1) Those uses permitted in Section 1159.02.
(2) Offices of an architect, attorney, dentist, engineer, physician, surgeon or other professional persons.
(3) Public and private clinics, hospitals; provided however, that the same shall not be used for the treatment and/or housing of animals.
(4) Funeral homes, telephone exchanges, nursing and convalescent homes.
(5) Parking lots.
(6) Barber and beauty shops, delicatessens, drug stores, dry-cleaning establishments, dairies, and creameries, gift shops, grocery and milk products sales, meat markets and fish markets, music stores, restaurants, and taverns, beer, wine and liquor distributors, shoe repair shops, art studios, photographic studios, appliance sales and services, assembly halls, auto parts, bakeries, book stores and news stands, clothing stores and tailor shops, jewelry stores, dry goods and notion stores, filling stations, garages, frozen food lockers, road side stands, furniture sales, florists shops and greenhouses, hotels, hardware stores, laundries, millinery stores, motels, theatres, music stores, newspaper and job printing, pet shops, paint stores, photographic supplies, upholstery shops, shoe stores, automobile salesrooms and lots, bowling alleys, book bindery, bicycle repair shops and salesrooms, icehouses, night clubs, private clubs and fraternal organizations, plumbing shops, poolrooms, card rooms, parking lots, skating rinks, dance halls, lodge and club rooms, tinsmiths, locksmiths, monument shops, book and magazine printing shops, tire repair shops, upholstery sales and shops, veterinary and hospitals (for small animals and not including outside run-ways), lumber yard and other mercantile and trade establishments of similar kind and nature.
(7) Uses customarily incident to any of the above uses when located on the same lot and not involving the conducting of a business.
(8) No building shall exceed three and one-half stories or forty-five feet. Structures other than main or accessory buildings may exceed this height upon approval of the Board of Zoning Appeals.
(9) Yards required. Where the Commercial District abuts any other District there shall be a minimum side or rear yard of twenty feet from the lot line to the nearest building or structure except that where a street, road or alley is the district boundary, this provision shall not apply.
(c) Industrial District. Within the Industrial District no premises or building shall be used and no buildings shall be erected which are arranged, intended, or designed to be used for other than one or more of the following uses and the following regulations shall apply:
(1) Those uses permitted in subsection (a) and (b) hereof.
(2) All manufacturing and industrial operations.
(3) Stables (for horses only) and unlimited veterinary hospitals.
(4) All utilities, but not limited to railroad operations, of any kind whatsoever.
(5) No building or structure shall exceed forty-five feet. Structures other than main or accessory buildings may exceed this height upon approval of the Zoning Board of Appeals.
(6) Yards required. The front yard (set-back building line) shall be a minimum of forty feet from any existing or proposed right of way and street or road. There shall be a minimum side and rear yard of twenty feet measured from the lot line to the nearest building or structure. Where the Industrial District abuts any other District there shall be a minimum side or rear yard of forty feet from the lot line to the nearest building or structure. (Ord. 1963-6. Passed 6-3-63.)
(d) Central Business District. Defiance Street from South Depot Street to Mulberry Street.
(1) Principal uses. The principal uses permitted in the Central Business District are:
• Offices
• Hotels
• Retail Sales Establishments
• Restaurants
• Theaters and other places of amusement conducted entirely within an enclosed building and that are not detrimental to the neighborhood
• Banks and other financial institutions
(2) Conditional uses:
• Display of merchandise
• Residences above ground level
• Unless otherwise prohibited by any applicable law, the display of retail merchandise by Retail Sales Establishments upon public sidewalks is permitted immediately in front of their places of business only. At no time may any such display on a public sidewalk interfere or infringe upon a six (6) feet wide pedestrian right-of-way, extend to an area larger than the frontage of said Retail Sales Establishment, and the display of merchandise by Retail Establishments upon public sidewalks is limited to the hours of 6:00 a.m. until 10:00 p.m.
• Any non-conforming uses will conform upon change of ownership.
(Ord. 2014-06. Passed 10-13-14.)
(3) In the Central Business District, there shall be no front, side or rear yard requirements. Canopies or awnings supported by a building may project over the public right-of-way not closer than three feet to that portion of the curb line, upon approval of the height and design by the Zoning Board under the terms and conditions established by said Zoning Board. Maximum height of buildings shall be 45 feet.
(Ord. 2006-17. Passed 11-13-06.)