(a) No building or other structure shall hereafter be erected or structurally altered:
(1) To exceed the height required.
(2) To accommodate or house a greater number of families than that permitted by the provisions of this Zoning Ordinance.
(3) To occupy a greater percentage of lot area than permitted.
(4) To have narrower or smaller rear yards, side yards, front yards, or lot width at the building line than those permitted in this Ordinance.
(b) Principal building per lot: No more than one (1) principal building or structure may be constructed on any one (1) lot for the purposes of this Ordinance unless otherwise indicated.
(c) Buildings under construction prior to enactment of this Ordinance or Amendments. Nothing in this Ordinance shall be deemed to require any change in plans, construction, or designated uses of any building upon which actual construction has lawfully begun prior to the adoption of this Ordinance and provided construction is prosecuted diligently and provided further that such building shall be completed within one (1) year from the date of passage of this Ordinance.
(d) Building permits or zoning certificates. No building permit or zoning certificate shall be issued without evidence that the Lorain County Health Board has approved the proposed sanitary sewage disposal and water facilities for the use for which the zoning certificate has been requested with prior approval of the Municipality of Wellington.
(e) Minimum living area per single family dwelling units:
(1) One story buildings: The minimum for a single-family dwelling without a basement shall be eight hundred sixty-four square feet (864 sq. ft.) of living area. The minimum with a basement shall be eight hundred sixty-four square feet (864 sq. ft.) of first floor living area.
(2) One and one-half story buildings: The minimum for a single-family dwelling shall be seven hundred sixty-eight feet (768 ft.) of first floor living area and a total of not less than one thousand one hundred and fifty-two feet (1,152 ft.) of living area on both floors. The floor area over which the finished ceiling is less than six and one-half feet (6-1/2 ft.) from the finished floor shall not be counted in the total living area.
(3) Two-story buildings: The minimum for a single-family dwelling shall be seven hundred and twenty square feet (720 sq. ft.) of first floor living area, and a total of not less than one thousand and eighty square feet (1,080 sq. ft.) of living area on both floors.
(4) Multi-level buildings: The minimum for a single-family dwelling shall be one thousand two hundred and ninety-six square feet (1,296 sq. ft.) of living area, with a minimum lot coverage of eight hundred sixty-four square feet (864 sq. ft.).
(f) Frontage required for building: No principal building or groups of buildings approved by the Planning Commission shall be erected on a lot which does not abut on a street of record.
(g) Temporary buildings: The following regulations are necessary to govern certain uses which are of a non-permanent nature. For such uses requiring a temporary zoning permit, an application for a zoning permit shall be made to the Responsible Authority at least seven (7) days before the instigation of such use. This application shall contain a graphic description of the property to be used, a description of the proposed use, and a drawing with sufficient information to determine the yard, setback, parking, and sanitary/water/electric facility requirements for the proposed temporary use. The period during which such temporary buildings are to be permitted shall be no greater than the period of construction plus thirty (30) days after the completion of such construction unless noted otherwise herein.
(1) The following uses are deemed to be temporary uses and shall be subject to the specified regulations and time limits which follow, as well as the regulations of any district in which they are located:
A. Real estate offices which shall contain no living accommodations shall be permitted within any district for any new subdivision for a period of one (1) year, except that two (2), six (6) month extensions may be granted if conditions warrant. Such offices shall be removed upon the completion of the sales of the lots therein or upon the expiration of the zoning permit, whichever occurs first.
B. Temporary buildings, construction trailers, offices, equipment, materials, and storage facilities required in conjunction with construction activity may be permitted in any district for a period of one (1) year, except that six (6) month extensions may be granted if construction is substantially underway. Such uses shall be removed immediately upon completion of the construction or upon expiration of the zoning permit, whichever occurs first.
C. Temporary sales and services may be permitted within parking areas within any commercial district. A zoning permit valid for a period not to exceed seven (7) consecutive days shall only be issued three (3) times within any twelve (12) month period to any individual or organization. The Responsible Authority shall not issue a permit for such temporary use if he or she determines that it encroaches upon more than twenty-five percent (25%) of the required parking are.
D. Temporary retail sales and services, such as the sale of plants, flowers, arts and crafts, farm produce, or similar items on a lot(s) other than parking lots, including any lot on which an existing business is operating or on which a business is vacated, may be permitted in any commercial district. A zoning permit valid for a period not to exceed two (2) consecutive days shall only be issued three (3) separate times for any particular lot within any twelve (12) month period, and not more than one (1) permit may be issued at the same time for any lot. The applicant must submit a current vendor’s license or transient vendor’s license, and a written statement from the property owner giving his/her permission for such use. This Section shall not be interpreted to prohibit any such use in any case where a valid covenant or deed restriction specifically authorizes such use. In any event, the zoning permit shall be prominently displayed at the site.
(h) Exceptions to height:
(1) The height limitations contained in Chapter 1167 do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy.
(i) Architectural projections. Open structures such as porches, canopies, balconies, platforms, carports, covered patios, and similar architectural projections shall be considered parts of the building to which they are attached and shall not project into a required minimum front, side, or rear yard unless otherwise permitted in the Zoning Ordinance.
(j) Erosion and sedimentation control during construction: A plan for erosion and sedimentation control during and after construction shall be included with all other plans upon application for a zoning permit for any construction activity involving excavation. The following principles shall be followed in developing and carrying out the plan:
(1) The smallest practical area of land should be exposed at any one (1) time during development.
(2) When land is exposed during development, the exposure should be kept to the shortest practical period of time.
(3) Temporary vegetation and/or mulching shall be used to protect critical areas exposed during development.
(4) Sediment basins (debris basins, desilting basins, or silt traps) shall be installed and maintained to remove sediment from run-off waters from land undergoing development.
(5) Provisions shall be made to effectively accommodate the increased temporary and permanent runoff caused by changed soil and surface conditions during and after development per municipal standards specifications/development standards.
(6) The permanent final erosion control vegetation and structures shall be installed as soon as practical in the development.
(7) The development plan shall be fitted to the topography and soils so as to create the least erosion potential.
(8) Wherever feasible, natural vegetation should be retained and protected.