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No building or part thereof shall be moved, erected, located and converted, enlarged, reconstructed or structurally altered, nor shall any building or land be used or occupied which does not comply with the Zoning Ordinance for the district in which the building or land is located. Lands and real estate now owned or hereafter acquired by the Village, shall not be subject to the terms of the Zoning Ordinance except as otherwise noted on the Zoning Plan.
(Ord.1963-6. Passed 6-3-63.)
(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.)
The following uses are declared to be nuisances in any District, unless approved by the Zoning Board of Appeals, to wit: acid manufacturing, or manufacturing of derivatives; ammunition manufacturing; animal breeding; cement manufacturing; cemeteries; chlorine manufacturing; dead stock reduction (animals); distillation of wood, coal, bones; distillers; egg and poultry farms; explosives storage and distribution; fat rendering; fertilizer manufacturing; fireworks or explosive manufacturing; fur farms; fur preparation (tanning); natural gas wells; glue, size or gelatin manufacturing; grease and tallow manufacturing; gunpowder manufacturing; livestock, slaughter; mausoleums; mining; oil wells and petroleum wells; pigeon raising; poultry raising; raw hides and skins treatment rendering works; slaughter houses; stockyard (livestock); swine raising and grazing; junk yards; automobile graveyards or places for the dismanteling or wrecking of used vehicles; places for the collection of depositing of scrap metal, used paper, range, used glass or junk for salvage, sales or storage, or for the abandoning of same unless done at a place provided for by Council for such specific purposes; storage, piling or accumulating of building material on a vacant lot unless a Zoning Certificate has been issued for this construction on such lot involving the use of such material; dumping and storing, burying, reducing, disposing of, or burning garbage, refuse, scrap, metal, rubbish, dead animals, except in the normal use of the premises, unless done at a place provided by Council for such specific purpose.
(Ord. 1963-6. Passed 6-3-63.)
For the purpose of conforming to this Zoning Ordinance, outdoor advertising signs shall be classified as a commercial use and shall be permitted in all Commercial Use Districts or Industrial Use Districts, and are subject to the regulations contained in this Zoning Ordinance:
(a) Signs not larger than three square feet in area are permitted in any district, indicating the name of the occupant or a permitted home occupation or profession, or when the sign is in direct relation to the use of the premises. The sign is to be placed on private property.
(b) Signs not larger than thirty-six square feet in area are permitted in all Commercial Use Districts or Industrial Use Districts when the use of the sign is in direct relation to the use of the premises and advertises goods sold or services rendered thereon. Such signs are to be placed on private property.
(c) Unlighted signs not larger than twenty-five square feet in area are permitted in any district when the signs deal only with the rental, sale, or construction on the real property on which they are located, and provided that they are not attached to any existing structure. Signs are to be placed on private property.
(d) An outdoor advertising sign or billboard, other than those mentioned in subsections (a), (b) and (c) hereof, shall be deemed a structure and require a Zoning Certificate before being erected, constructed, or replaced.
(e) No outdoor advertising sign or billboard except those mentioned in subsections (a), (b), (c) and (d) hereof shall be placed within 100 feet of any intersection unless affixed to a building and not extending beyond the same more than three feet.
(f) Any illuminated sign shall be so shaped as not to interfere with the vision of persons on the highway or to annoy neighbors.
(g) No signs of any kind or nature shall be permitted to be placed upon or connected to any telephone, telegraph, or electric light posts.
(h) Signs painted on buildings are exempted from the provisions of this section.
(Ord. 1963-6. Passed 6-3-63.)
Subject to the provisions of this section a use of a building or structure or land, existing at the time of enactment of this Zoning Ordinance, may be continued even though such use does not conform with the provisions of this Zoning Ordinance hereinbefore set forth, provided, however, that no enlargement or expansion thereof shall be permitted except on Resolution passed by a majority vote of Council after a recommendation concerning such enlargement or expansion has been submitted to Council by the Planning Commission. Nothing in this Zoning Ordinance shall prevent the reconstruction or replacement of a building wholly or partially destroyed by fire, explosion, act of God, act of the public enemy, or wholly or partially declared unsafe or condemned because of safety or health reasons; provided, however, that the same has not been abandoned with respect to such nonconforming use; and provided further, however, that such new or repaired buildings shall not contain more than ten percent (10%) more than the original floor space of the replaced building, and such new building or repair, shall be used for no nonconforming use other than that for which the replaced building was used. Such nonconforming uses are to be listed by the Planning Commission as of the effective date of this Zoning Ordinance. A nonconforming use of a building or land which has been abandoned shall not thereafter be returned to such nonconforming use. A nonconforming use shall be considered abandoned as follows: when abandoned for a period of two years as specified in the Laws of Ohio, or when such nonconforming use has been replaced by conforming use. (Ord. 1963-6. Passed 6-3-63.)
(a) Parking of a properly licensed trailer, other than a house trailer or mobile home, is not allowed in Residential District, except that one trailer may be parked or stored in an approved manner. No such trailer shall contain or be loaded with refuse or other items commonly considered to be trash, for more than fourteen days. (Ord. 2007-10. Passed 5-21-07.)
(b) On any corner lot there shall be no planting, structure, fences, shrubbery or obstruction divisions more than three feet higher than the curb level and within twenty-five feet of the intersection of any two street lines.
(Ord. 1963-6. Passed 6-3-63.)
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