Ashville City Zoning Code
TITLE THREE
Zoning District Requirements
1131.01 REGULATION OF THE USE AND DEVELOPMENT OF LAND OR STRUCTURES.
Regulations pertaining to the use of land and/or structures, and the physical development thereof within each of the zoning districts as established in Chapter 1133, are hereby established and adopted.
1131.02 RULES OF APPLICATION.
(a) Identification of Uses. Listed uses are to be defined by their customary name or identification, except as specifically defined or limited in this Ordinance.
(b) Permitted Uses.
(1) Only a use designated as permitted shall be allowed as a matter of right in any zoning district, and any use not so designated shall be prohibited unless:
A. A permitted use may be added to a zoning district by formal amendment, in conformance with Chapter 1111 of this Ordinance.
B. An unlisted use may be determined by the Planning and Zoning Board to be a similar use, in accordance with subsection (e) hereof.
(2) No more than one (1) permitted use shall exist on any one zoning lot.
(c) Accessory Uses. An accessory use or structure is a subordinate use or structure clearly incidental and secondary to the principal permitted building or use, and located on the same lot with such principal building or use. Accessory uses or structures shall be allowed in accordance with the specific district regulations, and the requirements of Chapter 1175 of this Ordinance.
(d) Conditional Uses. A use designated as a conditional use shall be allowed in the zoning district where the designation occurs, when such use, its location, extent and method of development will not substantially alter the character of the vicinity, or unduly interfere with or adversely impact the use of adjacent lots. To this end, the Planning and Zoning Board shall, in addition to the development standards for the specific district, set forth additional requirements as will render the conditional use compatible with existing and future use of adjacent lots in the vicinity, in accordance with Chapter 1119 of this Ordinance.
(e) Similar Uses. Determination as to whether a use is similar to uses permitted by right shall be considered as an expansion of use regulations of the district and not as a variance applying to a particular situation. Any use found similar shall thereafter be considered as a permitted use in that district.
Applications for zoning permits for uses not specifically listed in the permitted building or use classifications of the zoning district, which the applicant feels qualify as a similar use under the provisions of this Section, shall be submitted to the Planning and Zoning Board.
Within thirty (30) days after such submittal, the Planning and Zoning Board shall determine whether the requested use is similar to those uses permitted in the specific district. In order to find that a use is similar, the Planning and Zoning Board shall find that all of the following conditions exist:
(1) Such use is not listed as a permitted or conditional use in another zoning district.
(2) Such use conforms to basic characteristics of the classification to which it is to be added and is more appropriate to it than to any other classification.
(3) Such use creates no danger to health and safety, creates no offensive noise, vibration, dust, heat, smoke, odor, glare, or other objectionable influences, and does not create traffic congestion to an extent greater than that normally resulting from uses listed in the classification to which it is to be added.
(f) Development Standards. Development standards set forth shall be the minimum allowed for uses permitted in that district. If development standards are in conflict with requirements of any other lawfully adopted rule, regulation, or law, the most restrictive standard shall govern.
(g) Development Plan. For particular uses in specific districts, a Development Plan will be cited as required. In such cases, the Development Plan shall be submitted by the applicant at the time of the application for a zoning permit, or at such time when the property is rezoned into that district. The Development Plan shall contain a site plan for the property, drawn to approximate scale, showing all property lines, existing buildings, access drives, parking areas, and other notable physical features. The Development Plan shall also show the location, outlines and size of all proposed structures including the design of all improvements including drainage, private streets, water and sanitary sewer lines, as well as the size, design, materials and location of all signage proposed for the development. The Development Plan shall also contain a narrative description of the proposed use, and an evaluation of how such use may impact adjacent property.
The Owner/Developer shall provide evidence in the Development Plan that all storm drainage in the development shall be addressed in conformance with the “Stormwater Design Manual” (Mid-Ohio Regional Planning Commission; June, 1977) as may be subsequently amended.
The Development Plan shall be reviewed by the Planning and Zoning Board and must be approved as a condition for the issuance of a zoning permit. In reviewing such Plan, the Planning and Zoning Board may seek the timely input from the Village Engineer, or other specific consultants as may be appropriate in the specific case. In approving a Development Plan, the Planning and Zoning Board shall find that the following criteria have been met:
(1) The proposed building or use shall have sufficient yard space to provide for adequate parking and screening of adjacent residential areas as may be required in this Ordinance.
(2) The proposed use and structures, as proposed, can be adequately and efficiently served by public streets and utilities.
(3) The location, design and operation of the proposed use shall not impose undue adverse impacts on surrounding residential neighborhoods, and/or the Development Plan for the proposed facility has incorporated measures to lessen and/or alleviate such adverse impacts and protect the character of such adjacent residential areas. (Ord. 2000-14. Passed 7-24-00.)
(h) Essential Services. Essential Services, as defined and specified in Chapter 1107 of this Ordinance, shall be permitted in any and all zoning districts within the Municipality.
1133.01 ZONING DISTRICTS ESTABLISHED.
The following zoning districts are hereby established for the Village of Ashville:
RE - Residential Estate District
SR-1, SR-2, SR-3 - Suburban Residential Districts
VR - Village Residential District
R-MH - Residential Mobile Home District
AR - Apartment Residential District
RO - Residential Office District
VC - Village Center District
GB - General Business District
CF - Community Facilities District
LI - Limited Industrial District
HCO - Highway Corridor Overlay District
DR - Design Review Overlay District
FP - Flood Plain Overlay District
R-5 - Condominium Residential District
Mini-Storage Warehouse District
1133.02 OFFICIAL ZONING MAP.
The districts established in Section 1133.01
of this Ordinance are shown on the Official Zoning Map, which together with all notations, references, data, district boundaries and other explanatory information, is hereby adopted as a part of this Ordinance. The Official Zoning Map shall be identified by the signatures of the Mayor, President of Council and the Clerk/Treasurer, and shall be on file in the Village Offices.
1133.03 INTERPRETATION OF ZONING DISTRICT BOUNDARIES.
Except where referenced and noted on the Official Zoning Map by a designated line and/or dimensions, the district boundary lines are intended to follow property lines, lot lines, centerlines of streets, alleys, streams and/or railroads as they existed at the time of passage of this Ordinance. The Zoning Inspector shall interpret the boundary lines from the Zoning Map. When and if the Zoning Inspector's interpretation of such boundary line is disputed, the final interpretation authority shall rest with the Planning and Zoning Board.
1133.04 NEWLY ANNEXED AREAS.
Territory which is annexed into the Village of Ashville subsequent to the effective date of this Ordinance shall, upon the effective date of the annexation, be zoned into the RE District. Within three (3) months from the date of annexation, the Planning and Zoning Board shall present a zoning plan for the annexed territory to Village Council. Village Council may hold a public hearing on the proposed zoning plan, as recommended by the Board. If such hearing is held, notice of such hearing shall be given in a newspaper of general circulation within the Municipality not less than thirty (30) days before the date of the hearing. After said hearing, Village Council shall approve, or approve with modification the zoning plan.
Nothing in this Section shall prevent the owner of property within the annexed territory from applying for a zoning amendment, after the effective date of annexation, pursuant to the procedures specified in Chapter 1115 of this Ordinance.
1135.01 PURPOSE.
This district is established to encourage the continuance of agricultural uses, to permit low- density residential development in areas not having access to public water and sewer, and to provide for areas as needed for future Village expansion.
1135.02 AGRICULTURE USES DEFINED.
"Agriculture" means the use of land as defined in Chapter 1107 of this Ordinance. For the purposes of this Ordinance, such agricultural use shall not include:
(a) Maintenance and operation of commercial greenhouses or hydroponic farms, except in zoning districts in which such uses are expressly permitted.
(b) Wholesale or retail sales as an accessory use, unless specifically permitted by Section 1135.04
(f) below.
(c) Feeding garbage to animals, raising poultry or fur-bearing animals as a principal use, or operation or maintenance of a commercial stockyard or feed yard.
1135.03 PERMITTED USES.
(a) Agricultural uses, customary agricultural buildings and structures incidental to the carrying out of the principal agricultural activity, and/or no more than one single-family detached dwelling.
(b) One-family detached dwellings.
(c) Home occupations, subject to the requirements of Section 1175.02 of this Ordinance.
(d) Public or private parks and/or open space, provided not less than 75% of the total area of the property is left in an undeveloped state.
(e) Public or private golf courses.
1135.04 ACCESSORY USES.
(a) Private detached garages or carports.
(b) Tool or garden sheds.
(c) Temporary buildings for uses incidental to construction work, which shall be removed upon completion or abandonment of construction work.
(d) Private swimming pools, tennis courts and/or similar facility, for primary use by occupants of the principal use of the property on which the facility is located, and subject to the regulations of Section 1175.03 of this Ordinance.
(e) Dishes or other devices for the reception of television signals, provided such device is for the sole use of occupants of the principal use of the property on which the device is located, and such device is not located in any front yard, and complies with the provisions of Section 1175.05 of this Ordinance.
(f) Temporary roadside stands, offering for sale only agricultural products grown on the premises.
1135.05 CONDITIONAL USES.
(a) Animal boarding facilities.
(b) Animal hospitals or clinics.
1135.06 DEVELOPMENT STANDARDS.
(a) Lot Area. For each principal permitted use, the lot area shall be not less than five (5) acres, or such size as approved by the Pickaway County Health Department for the construction and operation of a home water and sewage disposal system, whichever is larger.
(b) Minimum Lot Frontage. 150 feet frontage on a dedicated, improved street or highway.
(c) Minimum Front Yard Depth (from edge of road right-of-way). Seventy-five (75) feet.
(d) Minimum Side Yard Width. Twenty (20) feet.
(e) Minimum Sum of Side Yard Widths. Forty (40) feet.
(f) Minimum Rear Yard Depth. Fifty (50) feet.
(g) Minimum Distance to Residential Structures not on Property. All agricultural operations shall be located on the lot so as to provide a minimum distance of 200 feet to any residential dwelling not on the property.
(h) Maximum Building Height. Forty (40) feet for buildings. Silos, windmills, or any other structure listed as an accessory use may exceed this height provided such structures maintain a distance equal to their height to any adjacent property or zoning district.
1137.01 PURPOSE.
The Suburban Residential Districts are established to accommodate suburban-type single- family residential development at several housing densities, and to discourage large concentrations of intensive development where higher density would be inconsistent with the character of the area. Such areas shall be served by public water and sewer systems, or capable of being served at the time of development.
1137.02 PERMITTED USES.
(a) One-family detached dwellings.
(b) Public parks and open space.
1137.03 ACCESSORY USES.
(a) Private detached garages or carports.
(b) Tool and/or garden sheds.
(c) Temporary buildings for uses incidental to construction work, which shall be removed upon completion or abandonment of the construction work.
(d) Private swimming pools and tennis courts, for primary use by occupants of the principal use of the property. Private swimming pools shall be subject to the regulations of Section 1175.03 of this Ordinance.
(e) Dishes or other devices for the reception of television signals, provided such device is for sole use by occupants of the principal use of the property on which the device is located, such device is not located in any front or side yard, and is located not less than twenty-five (25) feet from any adjoining property lines.
1137.04 CONDITIONAL USES.
1137.05 DEVELOPMENT STANDARDS.
The development standards for the SR-1, SR-2 and SR-3 Districts shall be as shown on the chart below:
SUBURBAN RESIDENTIAL DISTRICTS
DEVELOPMENT STANDARDS
SR-1 | SR-2 | SR-3 | |
Minimum Lot Area | 15,000 S.F. | 10,000 S.F. | 8,000 S.F. |
Minimum Lot Width | 90 | 80 | 70 |
Minimum Front Yard Depth | 30 | 30 | 30 |
Minimum Side Yard Width | 10 | 10 | 8 |
Minimum Rear Yard Depth | 40 | 35 | 30 |
Maximum % of Lot Coverage | 30% | 30% | 35% |
Minimum Building Area (1 Story) | 1,800 S.F. | 1,500 S.F. | 1,300 S.F. |
Minimum Building Area (1.5 - 2 story) | 2,000 S.F. | 1,900 S.F. | 1,600 S.F. |
Maximum Building Height | 35 | 35 | 35 |
1139.01 PURPOSE.
This district is established to provide for the maintenance of single-family residential housing within the older portions of the Village, at overall densities consistent with existing development on platted lots. Utilizing these district regulations, the Village shall encourage the revitalization of these existing residential areas. The VR District can also be used to allow for new development in outlying areas of the Village by meeting standards intended to promote the Village character of such new development.
1139.02 PERMITTED USES.
(a) One-family detached dwellings.
(b) Public parks, playgrounds and open space.
1139.03 ACCESSORY USES.
(a) Private detached garages.
(b) Tool and/or garden sheds.
(c) Private swimming pools for primary use by occupants of the property, subject to the regulations of Section 1175.03 of this Ordinance.
1139.04 CONDITIONAL USES.
(a) Home occupations, subject to the regulations of Section 1175.02 of this Ordinance.
(b) Churches and places of public worship, provided the seating capacity of the sanctuary is not more than 250 persons.
1139.05 DEVELOPMENT STANDARDS.
(a) Lot Area. For each principal use, there shall be a lot area of not less than 5,000 square feet.
(b) Minimum Lot Width. Fifty (50) feet of lot with frontage on a publicly dedicated, improved street or highway.
(c) Minimum Front Yard Depth. Twenty (20) feet.
(d) Minimum Side Yard Depth. Five (5) feet.
(e) Minimum Rear Yard Depth. Thirty (30) feet.
(f) Maximum Building Height. Thirty-five (35) feet.
(g) Additional Requirements for New Lots Developed in the VR District. Presently undeveloped areas outside the older portion of the Village may be developed in the VR District, subject to the following regulations:
(1) Development plan. A Development Plan shall be required for all new residential development within the VR District, containing more than ten (10) dwelling units. Such Development Plan shall be submitted to the Planning and Zoning Board at the time of rezoning of the property into the VR District, and shall show the proposed layout of all streets, lots and buildings, as well as the location of all public spaces.
(2) Alleys. All new lots shall have alleys running along the rear lines of such lots. Such alleys shall have a minimum right-of-way of twenty (20) feet, and be dedicated for public access and use.
(3) Garages. All garages shall be located within the rear yard.
(4) Street trees. Street trees shall be required along all new streets developed within VR District. The spacing of trees along streets shall be not less than thirty (30) feet on center.
(5) Sidewalks. Sidewalks of not less than four (4) feet in width shall be required for both sides of all streets within the VR District.
(6) Required open space. Not less than 15% of the total net developable area of the proposed development shall be dedicated to permanent open space parks, and/or public spaces. Such open space shall be granted to a homeowner's association, or the Village. For the purposes of this calculation, net developable area shall mean the area of the site proposed for development, minus public and/or private streets and/or alleys.
1141.01 PURPOSE.
The Village of Ashville recognizes that manufactured housing presents unique opportunities for housing choice. The Manufactured Home Residential (R-MH) District is established to provide areas for manufactured homes so as to provide a desirable residential environment, protected from adverse neighboring influences, with adequate access for vehicular traffic and circulation. These residential communities shall be developed and located so as to provide overall desirability equivalent to that for other forms of residential development.
(Ord. 2000-14. Passed 7-24-00.)
1141.02 REQUIREMENTS GENERALLY.
Permanently sited manufactured homes and modular homes, as defined in Chapter 1107 of this Ordinance, shall be considered as permitted uses in any district that permits single-family dwellings. Mobile homes, as defined in Chapter 1107 of this Ordinance and/or Section 4501.01 of the Ohio Revised Code, and manufactured homes not qualifying as permanently sited manufactured homes shall not be considered as permitted or conditional uses in this or any other zoning district in the Village of Ashville. (Ord. 2000-14. Passed 7-24-00.)
1141.03 PERMITTED USES.
(a) One- and two-family detached, semi-detached, and attached dwellings.
(b) Manufactured home communities.
(c) Individual manufactured homes on single lots.
(d) Public or private parks or playgrounds. (Ord. 2000-14. Passed 7-24-00.)
1141.04 ACCESSORY USES.
Uses and structures incidental and accessory to specified permitted uses to include common areas, community/recreational facilities and offices for rental and management of units therein.
(Ord. 2000-14. Passed 7-24-00.)
1141.05 DEVELOPMENT STANDARDS.
The following standards for the arrangement and development of land and buildings are required in the R-MH District.
(a) Minimum Lot Area.
(1) The minimum lot area for any manufactured home community shall be ten (10) acres. Maximum gross density shall not exceed six (6) manufactured homes per acre.
(2) Individual manufactured home lots in manufactured home communities shall be not less than 2,500 square feet.
(3) For any other permitted use, the minimum lot area shall not be less than 7,000 square feet.
(b) Minimum Lot Width.
(1) The minimum lot width for any manufactured home community shall be not less than 250 feet. Frontage shall be provided on a publicly dedicated and improved street. The ratio of width to depth shall not exceed one to five (1:5).
(2) The minimum lot width for any individual manufactured home lot within a community shall be not less than thirty (30) feet.
(3) For any other permitted use, the minimum lot width shall not be less than 75 feet.
(c) Minimum Front Yard.
(1) The minimum front yard depth for any manufactured home community shall be not less than thirty-five (35) feet.
(2) For any other permitted use, the minimum front yard depth shall be twenty- five (25) feet.
(d) Minimum Side Yard Width.
(1) The minimum side yard width for any manufactured home community shall be not less than thirty-five (35) feet.
(2) The minimum side yard width for any individual manufactured home lot within a community shall be not less than five (5) feet.
(3) For any other permitted uses, the minimum side yard width shall be not less than eight (8) feet, with minimum of twenty (20) feet for the sum of side yards.
(e) Minimum Rear Yard Depth.
(1) The minimum rear yard depth for any manufactured home community shall be not less than thirty-five (35) feet.
(2) The minimum rear yard depth for any individual manufactured home lot within a community shall be not less than ten (10) feet.
(3) For any other permitted use, the minimum rear yard depth shall be not less than forty (40) feet.
(f) Minimum Lot Coverage. Detached dwelling units and their accessory buildings shall not occupy more than forty percent (40%) of the lot area of any individual manufactured home lot within a community.
(g) Required Open Space and Recreational Areas. At least twenty percent (20%) of the gross land area for any manufactured home community shall be reserved for common recreational areas and facilities, such as play grounds, play fields, swimming pools, pedestrian paths, and similar facilities. Such recreational and open space facilities shall not be a part of streets and/or parking areas, and shall be closed to motorized traffic, except for service and maintenance vehicles. Such areas shall be landscaped, improved and maintained for the intended uses.
(h) Maximum Building Height. Twenty-five (25) feet.
(i) Off-Street Parking. Off-street parking for permitted uses other than manufactured home communities shall be provided as required in this Ordinance, and as herein specified.
In manufactured home communities, parking spaces shall be provided for two (2) vehicles for each manufactured home. Such parking spaces shall be located either on the same lot as the dwelling which they serve, or in specially provided common areas located not more than 200 feet from the dwelling which they serve, or some combination thereof. Required parking spaces shall not be provided on public or private streets within and on the perimeter of the community. Parking shall be so arranged that there is no maneuvering incidental to parking in the travel lane of streets.
(j) Lots and Locations of Dwellings on Lots; Occupancy.
(1) Location on the lot shall be suitable for the type of dwelling proposed, considering size, required open spaces, and manner of support.
(2) Any improvements on the lot, including those necessary for the support or anchoring of the dwelling as required by this Ordinance, shall be provided to the dwelling prior to the granting of a certificate of occupancy.
(3) The limits of each manufactured home lot shall be clearly marked on the ground by permanent flush stakes, markers, or other suitable means.
(k) Access. All manufactured home communities shall have direct access to collector streets with a right-of-way of not less than sixty (60) feet in width. Principal vehicular access points shall be designed to encourage smooth traffic flow. Merging and turnout lanes and/or traffic dividers shall be required where existing or anticipated traffic volumes indicate need. Minor streets shall not be connected with streets outside the district in such a way so as to encourage the use of those streets by substantial amounts of through traffic. No lot within the community shall have direct vehicular access to a street bordering the development.
(l) Streets and Street Layout. All streets, whether private or dedicated to the Village, providing access to the individual lots in a manufactured home community, shall be dimensioned and improved in accordance with the standards and requirements of the Subdivision Regulations of the Village of Ashville.
The proposed layout of streets within a manufactured home community shall be approved by the Planning and Zoning Commission. In making such determination, the Commission may procure the assistance of an engineer or other consultant. All costs associated with such approval shall be paid by the applicant prior to issuance of Certificates of Occupancy.
(m) Landscaping. The landscaping of side and rear lots of a manufactured home community shall be required. All landscaping shall meet the requirements of Chapter 1173 of this Ordinance. All required landscaping shall be in place prior to the granting of any Certificate of Occupancy.
(n) Water and Sewer. Any manufactured home community shall be provided with a water and sanitary sewer distribution system, serving each individual manufactured home lot, which is connected to the municipal water and sanitary sewage system. The design and construction of such distribution systems shall be approved by the Ohio Environmental Protection Agency and the Village. All costs associated with such approvals shall be paid by the applicant prior to the issuance of Certificate of Occupancy.
(o) Storm Drainage. All areas within a manufactured home community shall be graded and drained so as to minimize standing water and surface runoff. Open drainage ditches shall be prohibited. The proposed methods for alleviation of standing water and excessive surface runoff shall be submitted by the applicant, and approved by the Village. All costs associated with such approvals shall be paid by the applicant prior to the issuance of Certificates of Occupancy.
(p) Underground Utilities. All utility lines, including electricity, telephone, and cable television shall be located underground.
(q) Trash and Garbage Control. All trash and garbage shall be stored in container systems which are located and enclosed in a manner which provides ease of access to individual manufactured home lots, while effectively screening them from view. Screening of trash and garbage areas shall meet the requirements of Chapter 1173 of this Ordinance. The disposal of trash and maintenance of the area shall be the responsibility of the owner of the manufactured home community.
(r) Fire Protection. Within each manufactured home community there shall be provided a fire protection system approved by the local fire authority. Standard fire hydrants shall be located within 400 feet of all lots, or another system constructed which in the opinion of the local fire authority provides an equal or greater measure of protection. (Ord. 2000-14. Passed 7-24-00.)
1143.01 PURPOSE.
The AR District is established to accommodate multiple-family residences at overall housing densities consistent with those existing in the area. The objective is to provide for the continuance, redevelopment and/or limited expansion of multiple-family developments in areas best equipped to accommodate such higher density development.
1143.02 PERMITTED USES.
(a) Multiple family structures having two or more dwellings per structure, including senior housing.
(b) Public or private parks.
1143.03 ACCESSORY USES.
(a) Uses incidental and accessory to multiple-family dwellings and for exclusive use of their residents, to include common recreational facilities, community swimming pools, and offices for the rental and management of units therein.
(b) Temporary buildings for uses incidental to construction work, which shall be removed upon the completion or abandonment of construction work.
1143.04 CONDITIONAL USES.
(a) Nursery schools and day care centers.
(b) Congregate or group homes, provided that the following provisions are met:
(1) The facility shall obtain all approvals and/or licenses as required by state and local laws.
(2) The facility shall provide 24-hour supervision by trained and qualified professional personnel.
(3) No exterior alterations of the structure shall be made which depart from its appearance as a residential structure, or would be inconsistent with the residential character of the surrounding neighborhood.
(4) Such facilities shall be required to provide appropriate sleeping quarters without using normal living areas, such as living rooms, dining room or kitchen for sleeping.
(5) Such facilities shall meet all applicable local and/or State building, safety and fire codes.
1143.05 DEVELOPMENT STANDARDS.
(a) Minimum Lot Area. 4,500 square feet per dwelling unit for two-family dwellings. 4,000 square feet per dwelling unit for all other multiple-family dwellings. This requirement may be reduced to 3,000 square feet per dwelling unit if approved by the Planning and Zoning Board, pursuant to Section 1143.06
below.
(b) Minimum Lot Frontage. Eighty (80) feet of frontage on a publicly dedicated and improved street or highway.
(c) Minimum Front Yard Depth. Thirty (30) feet.
(d) Minimum Side Yard Width. Ten (10) feet
(e) Minimum Rear Yard Depth. Forty (40) feet.
(f) Maximum Building Height. Thirty-five (35) feet.
(g) Landscaping. If side or rear yards are located adjacent to any district where single family residences are a permitted use, landscaping and screening of those yards shall be required, pursuant to Chapter 1173. Such landscaping and/or screening shall consist of walls, fencing, mounding, natural vegetation or a combination of these elements, provided that such screening shall be at least seven (7) feet high or, if natural vegetation is used, capable of reaching seven (7) feet high within three (3) years of planting.
(h) Storm Drainage. The application for rezoning into the AR District must include a plan showing how storm runoff will be addressed. The accommodation of storm drainage shall be consistent with the standards and requirements of the “Stormwater Design Manual” (Mid-Ohio Regional Planning Commission; June, 1977) as may be subsequently amended.
(i) Trash and Garbage Control. All trash and garbage shall be stored in container systems which are located and enclosed so as to effectively screen them from view. The disposal of trash and maintenance of the area shall be the responsibility of the owner of the property.
(j) Development Plan. In those cases where land is proposed to be rezoned from another zoning district into the AR District, a Development Plan, as described in Section 1131.02
(g) of this Ordinance shall be prepared and submitted to the Planning and Zoning Board, in addition to that material specified in Appendix A. The Development Plan shall be reviewed by the Planning and Zoning Board during the zoning amendment process. In approving a Development Plan, the Planning and Zoning Board shall find that the criteria specified in Section 1131.02
(g) have been met. (Ord. 2000-14. Passed 7-24-00.)
1143.06 DENSITY BONUS.
The Planning and Zoning Board may approve a density bonus, on a case-by-case basis, which would allow an overall density not to exceed 3,000 square feet of lot area per dwelling unit, if it finds that the following conditions exist:
(a) The subject site is ten (10) acres or more and a minimum of forty (40) dwelling units is proposed.
(b) The development is located directly adjacent to major thoroughfares as delineated on the Thoroughfare Plan.
(c) Buildings are integrated with the natural features and architectural context of the surrounding area, and the applicant has shown that building design and site design is of high quality.
(d) A minimum of twenty percent (20%) of the site is designated as permanent open space. The open space system shall provide for pedestrian and bicycle linkages to neighborhood facilities, parks, play areas. Assurances shall be provided that such open space shall be maintained by the owner of the development.
(Ord. 2000-14. Passed 7-24-00.)
1145.01 PURPOSE.
The RO District is to be used in areas along major thoroughfares that are occupied by older single family residences, but are subject to development pressure for commercial use. The intent of the district is to provide for small low-intensity administrative and professional offices as an alternative use in such areas, while preserving the area's residential character.
1145.02 PERMITTED USES.
(a) One and two-family dwellings.
(b) Public parks, playgrounds and open space.
(c) Home occupations, as regulated in Section 1175.02 of this Ordinance.
1145.03 ACCESSORY USES.
(a) Private detached garages or carports; storage sheds and buildings.
(b) Temporary buildings for uses incidental to construction work, which shall be removed upon completion or abandonment of the construction work.
(c) Dishes and other devices for reception of television signals, provided such device is for the sole use by the occupants of the principal use of the property and such device is not located in a front or side yard.
1145.04 CONDITIONAL USES.
(a) Administrative and business offices not carrying on retail trade with the public and having no stock of goods maintained for sale to customers subject to the provisions of Section 1145.05
, consisting of:
(1) Brokers and dealers in securities and investments, not including commercial banks and savings institutions.
(2) Insurance agents and brokers.
(3) Real Estate sales and associated services.
(b) Offices for professional services, such as physicians, dentists, lawyers, architects, engineers and similar professions subject to the provisions of Section 1145.05.
(Adopting Ordinance)
(c) Consumer services generally involving the care and maintenance of tangible property or the provision of tangible services for personal consumption including:
(1) Restaurants, but not including restaurants with drive-through facilities.
(2) Any secondary business or activity, i.e. alcohol, meal delivery, meal pick-up, patios, live band, etc., to subsection (c)(1) hereof must be identified and described on the zoning permit to be submitted under Section 1111.02(c) and will be subject to the express approval of the Planning and Zoning Board.
(Ord. 2019-11. Passed 9-23-19.)
1145.05 SPECIAL PROVISIONS FOR CONDITIONAL USES.
(a) Hours. Permitted uses shall be conducted principally during daylight hours unless otherwise approved by the Planning and Zoning Board but in no case may exceed 11:00 p.m.
(b) Nuisance. Conditional uses shall not create a nuisance from noise, lighting, smoke or odor.
A. If approved under Chapter 1119, a bar area cannot exceed twenty percent (20%) of customer service area of restaurant.
(Ord. 2019-11. Passed 9-23-19.)
(c) Appearance. Structures shall maintain a residential appearance and be compatible with surrounding residences, in size and scale.
(d) Lighting. Lighting shall be limited to those types customarily found in residential neighborhoods. Any lights shall be arranged so as to not shine on adjacent properties.
(e) Signage. Exterior signage shall be limited to a single sign not more than six (6) square feet in area and six (6) feet in height. No signs shall be internally illuminated.
(f) Storage. Storage of materials and equipment shall be within enclosed buildings.
(g) Parking. All parking shall be located in the rear yard.
1145.06 DEVELOPMENT STANDARDS.
Minimum lot area, minimum lot width, minimum front yard depth, minimum side yard width, minimum sum of side yard widths, minimum rear yard depth, and maximum building height for all permitted and conditional uses shall be as required for the VR District.
1147.01 PURPOSE.
The older downtown area of Ashville, possesses unique historic and environmental attributes. The purpose of the Village Center District is to provide for a wide range of uses, while maintaining the downtown's mixed use historic character and pedestrian orientation. A further purpose of the District is to promote and encourage the reuse of existing older structures.
1147.02 PERMITTED USES.
(a) One-family detached dwellings.
(b) Administrative and business offices not carrying on retail trade with the public and having no stock of goods maintained for sale to customers consisting of:
(1) Brokers and dealers in securities, investments and associated services.
(2) Insurance agents and brokers and associates services.
(3) Professional, legal, engineering and architectural services, not including the outside storage of equipment.
(4) Accounting, auditing and other bookkeeping services.
(c) Retail stores primarily engaged in selling merchandise for personal or household consumption, and rendering incidental to the sale of these people.
(1) Food and food products, consisting of grocery, meat, fish, fruit or vegetable markets or combinations thereof, dairy or bakery products, specialty food stores such as candy or confectionery, and miscellaneous food stores.
(2) General merchandise, consisting of: limited price variety stores and other similar stores selling a variety of general merchandise.
(3) Home furnishings, consisting of: furniture and equipment sales, radio, television, and music stores.
(4) Building material retail stores, not having outside storage or material, consisting of: plumbing and electrical supplies, paint, wall paper, upholstery, and interior decorating stores, and hardware stores.
(5) Apparel, consisting of: clothing, furnishings, and accessory items for men, women and children, custom tailor shops and combined apparel sales and personal service operations, and miscellaneous apparel and accessory stores.
(6) Similar retail stores, including: drug stores, florists, gift and novelty stores, books and newspapers, camera, photographic and optical goods, jewelry, antique stores, specialty stores, and other stores which conform to the purpose and intent of the Village Center District.
(d) Personal Services, involving the care of the person and his/her personal effects, including consumer services generally involving the care and maintenance of tangible property or the provision of tangible services for personal consumption including:
(1) Restaurants, but not including restaurants with drive-through facilities.
(2) Banks, savings and loans, and credit agencies, but not including establishments with drive-through facilities.
(3) Barber and beauty shops.
(4) Dry-cleaning establishments.
(5) Funeral services.
(5) Radio, television, or small appliance repair.
(7) On-premises duplication facilities.
(e) Business Services engaged in the providing of services to business establishments on a fee or contract basis, consulting services, protective services, office equipment rental, lease or purchase, commercial research and development.
(f) Community facilities such as governmental offices, post office, police and fire stations, libraries, museums, private schools, and public parks and other similar uses including, but not limited to, those identified in this section.
(g) Hotels, bed and breakfast inns and other lodging places.
(h) Churches and places of public worship.
(i) Similar Uses, which conform to the purpose and intent of the Village Center District, as determined by the Planning and Zoning Board in accordance with the provisions of Section 1131.02(e) of this Ordinance.
1147.03 CONDITIONAL USES.
(a) Two or more family residences, provided the development standards of the AR District are met.
(b) Public parking areas, provided a twenty (20) feet front setback is maintained.
(c) Permitted Uses with drive-through facilities, provided a plan for the management of traffic on the site is submitted to and approved by the Planning and Zoning Board, and it is demonstrated to the Planning and Zoning Board that any adverse impacts on adjacent properties associated with the establishment of the drive-through facilities have been adequately addressed.
(Ord. 2000-14. Passed 7-24-00.)
1147.04 DEVELOPMENT STANDARDS.
(a) Lot Area. No minimum lot area is required.
(b) Lot Width. No minimum lot width is required.
(c) Front Yard Setback. The minimum front yard setback shall be the average of existing commercial structures on the same side of the street and facing thereon within the same block. Where there are no adjacent commercial structures, the front yard setback shall be not less than fifteen (15) feet measured from the street right-of-way.
(d) Side and Rear Yards. No minimum side or rear yard shall be required, provided that the parking requirements of Chapter 1169 are met.
(e) Parking and Loading. All parking and loading areas in the VC District shall be located in the side or rear yards.
(f) Maximum Building Size. Individual uses within the VC District shall have a usable floor area of not more than 7,500 square feet, unless the use is located in an existing building, in which case such restriction shall not apply.
(g) Residential Building Conversion. Existing single-family residences within the VC District may be converted to another permitted use, provided the following requirements are followed:
(1) Appearance. Structures shall maintain the appearance of a single-family residence and be compatible with surrounding residences, in size and scale.
(2) Lighting. Lighting shall be limited to those types customarily found in residential neighborhoods. Any lights shall be arranged so as not to shine on adjacent properties.
(3) Signage. Exterior signage shall be limited to a single nameplate not more than two (2) square feet in size. No signs shall be internally illuminated.
(4) Storage. Storage of materials and equipment shall be within an enclosed building.
(5) Parking. All parking shall be located in the rear yard.
(6) Hours. Permitted uses shall be conducted principally in daylight hours.
(h) Signage. Separate signage requirements shall be applicable in the VC District, pursuant to Chapter 1171 of this Ordinance.
(i) Trash and Refuse Control. All trash and refuse shall be stored in container systems and enclosed so as to effectively screen them from view. The disposal of trash and refuse, and maintenance of the storage area, shall be the responsibility of the owner of the property.
1153.01 PURPOSE.
The purpose of the General Business District is to provide for the potential new commercial development of locations other than in the Village Center (VC) District. Such commercial development should be small in scale, have good street access, and provide for buffering where such uses are adjacent to residences. The GB District is not intended to be used in the existing downtown as a replacement for the Village Center District.
1153.02 PERMITTED USES.
(b) Nursery schools and day care facilities.
(c) Human medical and dental clinics.
(d) Churches having not more than 400 seats in the main sanctuary.
(e) Permitted uses with drive-through facilities.
(Ord. 2000-14. Passed 7-24-00.)
1153.03 CONDITIONAL USES.
(a) Veterinary offices, not including outside boarding of animals.
(b) Multiple-family residences, subject to the development standards of the AR District.
(c) Similar commercial uses, as determined by the Planning and Zoning Board in accordance with the provisions of Section 1131.02 of this Ordinance.
(Ord. 2000-14. Passed 7-24-00.)
1153.04 DEVELOPMENT STANDARDS.
(a) Lot Area. No minimum lot area is required; however, lot area shall be adequate to provide the required parking and yard areas.
(b) Lot Width. No minimum lot width is required; however all lots shall abut an improved public street having a right-of-way of not less than fifty (50) feet. All lots shall have adequate width to provide for required parking and yard area.
(c) Front Yard Setback. The front yard setback shall not be less than thirty (30) feet measured from the street right-of-way. The front yard shall not be used for parking.
(d) Side Yards. For new principal structures, including service and loading areas, the required side yard shall be not less than one-fourth (1/4) the sum of the height and depth of the building; but in no case shall be less than fifteen (15) feet, unless adjacent to any district where residences are a permitted use, wherein the side yard shall be no less than fifty (50) feet.
(e) Rear Yards. For new principal structures, the required rear yard shall be not less than one-fourth (1/4) the sum of the height and depth of the building; but in no case shall be less than twenty (20) feet, unless adjacent to any district where residences are a permitted use, wherein the rear yard shall be no less than fifty (50) feet.
(f) Additional Yard and Pedestrian Areas. Where new development in the GB District is located adjacent to a district where residences are a permitted use, the Planning and Zoning Board may require that at least five percent (5%) of the lot area, exclusive of parking areas and public rights-of-way, shall be devoted to landscaped yards or pedestrian space.
(g) Maximum Building Size. Individual uses within GB District shall have usable floor area of not more than 30,000 square feet . Individual buildings containing multiple uses within the GB District shall have a usable floor area of not more than 60,000 square feet.
(Ord. 2000-14. Passed 7-24-00.)
(h) Lighting. Lighting fixtures within the GB District shall be so arranged, shielded and directed so as to not shine directly on any adjacent residential property.
(i) Development Plan. New GB uses constructed on land vacant at the time of the effective date of this Ordinance must submit a Development Plan. The Planning and Zoning Board shall review the Plan prior to the issuance of a zoning permit according to the criteria in Section 1131.02
(g) and may impose additional requirements as may be reasonable, and may require further materials from the Owner/Developer to ensure that the proposed development is in compliance with the submitted Development Plan, and any other requirements of this Ordinance.
(Ord. 2000-14. Passed 7-24-00.)
(j) Parking and Loading. Parking shall not be permitted in the front yard setback. Parking spaces shall be designed to allow a minimum of five (5) feet between any structure and any parked vehicle.
(k) Landscaping. The landscaping of all parking and service areas is encouraged in the GB District.
(l) Trash and Garbage Control. All trash and garbage shall be stored in container systems which are located and enclosed so as to effectively screen them from view. The disposal of trash and maintenance of the area shall be the responsibility of the owner of the property.
1155.01 PURPOSE.
The Community Facilities District is established to provide suitable locations for community and public facilities, to make such uses compatible with adjoining residential uses; and to ensure that the location of such facilities will provide for adequate access and general compatibility.
1155.02 PERMITTED USES.
Buildings and land within the CF District shall be utilized only for the uses set forth in the following schedule:
Main Buildings/Uses | Accessory Buildings/Uses |
Civic: Art galleries, libraries, museums, and similar places for public assembly; memorials, monuments, fraternal organizations and private clubs. | Maintenance facilities. Bulletin boards and signs as hereinafter regulated. |
Educational: Primary and secondary public, private or parochial schools, nursery schools/day care centers. | Maintenance facilities parking areas, playgrounds, signs. |
Health Care: General and special hospital and clinics, convalescent centers, institutions for care of children or senior citizens. | Parking areas, signs. |
Senior Citizen Housing: Retirement centers, extended care facilities. | Parking areas, signs. |
Religious: Churches and places of worship having more than 400 seats in the main sanctuary. | Maintenance facilities and parking areas, signs. |
Infrastructure: Buildings housing equipment and offices related to the provision of essential services, but not including actual lines and smaller structures such as pump stations. | Parking areas, signs. |
Communication: Cellular and/or PCS towers; radio and television antennas and towers. | |
Commercial Recreational Facilities: Private parks, golf courses, swim clubs, recreation fields and playgrounds, and similar facilities, not including such facilities developed for private use by occupants or residents of the premises. | Parking areas, clubhouses, administrative and maintenance structures, signs. |
Cemeteries: | Signs, maintenance facilities, mausoleums |
Signage: Billboards | |
(Ord. 2000-14. Passed 7-24-00.)
1155.03 DEVELOPMENT PLAN REQUIRED.
New CF uses constructed on land vacant at the time of the effective date of this Ordinance must submit a Development Plan. The Planning and Zoning Board shall review the Plan prior to the issuance of a zoning permit according to the criteria in Section 1131.02(g) and may impose additional requirements as may be reasonable, and may require further materials from the Owner/Developer to ensure that the proposed development is in compliance with the submitted Development Plan, and any other requirements of this Ordinance.
(Ord. 2000-14. Passed 7-24-00.)
1155.04 ACTION BY COUNCIL.
In approving the redistricting of land into the CF District, Village Council may specify appropriate conditions and safeguards applying to the specific proposed facility.
1155.05 DEVELOPMENT STANDARDS.
(a) Lot and Area Requirements. The area or parcel of land for a community facility shall not be less than that required to provide a site adequate for principal and accessory buildings, off-street parking areas, yards and opens spaces, sufficient to maintain the character of the neighborhoods. The size of the parcel of land occupied by the proposed community facility shall be shown on the Development Plan required in Section 1155.03
.
(b) Front Yard. The front yard setback shall be not less than the largest required front yard setback for any adjacent zoning district.
(c) Side and Rear Yards. The size of the required size and rear yard shall be determined by the scale and size of the proposed facility. Where any community facility abuts a district where residences are a permitted use, a side and a rear yard of not less than fifty (50) feet shall be maintained. In addition, a landscaped buffer shall be installed in such yard. Such buffer shall be shown in the Development Plan required in Section 1155.03
.
1155.06 COMPLIANCE WITH DEVELOPMENT PLAN.
The construction of all buildings and the development of the site within the CF District shall be in conformity and compliance with the approved Development Plan.
1157.01 PURPOSE.
The purpose of the Limited Industrial District is to provide suitable areas for a range of industrial activities, while protecting the character of nearby residential and commercial areas. Permitted uses within the Limited Industrial District must operate:
(a) Primarily within enclosed structures.
(b) Free from noise, odor, dust, smoke, light, glare or vibration at levels in excess of the average level on adjacent streets and properties.
(c) Without imposing unusual additional burdens upon utility or governmental services.
1157.02 PERMITTED USES.
(a) Light manufacturing, compounding, processing, assembling, packaging, or treatment of goods, materials, and products, consistent with the purpose of the LI District.
(b) Warehousing, distribution and related uses, including truck and transfer terminals.
(c) Administrative, professional and business offices associated with and incidental to another permitted use.
(d) Essential services.
(e) Similar uses, as determined by the Planning and Zoning Board, in accordance with the provisions of Section 1131.02(e) of this Ordinance, and the purpose of the LI District.
1157.03 CONDITIONAL USES.
(a) Motor vehicle towing and storage facilities, provided those uses meet applicable state requirements related to fencing and other standards.
(b) Contractor equipment and storage yards, provided adequate fencing and screening devices are installed.
(Ord. 2011-06. Passed 6-20-11.)
1157.04 DEVELOPMENT STANDARDS.
(a) Minimum Lot Area. No minimum lot size is required; however, all principal and subordinate uses and structures, including parking and paved areas, shall be located not less than 100 feet from any district where residences are a permitted use, and not less than fifty (50) feet from any other zoning district.
(b) Minimum Lot Width. No minimum lot width is required; however, all lots shall abut a publicly dedicated and improved street and shall have adequate width to provide for yard spaces and distances in subsection (a) hereof.
(c) Side Yards. Minimum side yards shall be required so as to meet the requirements of subsection (a) hereof.
(d) Front Yard Depth. Twenty-five (25) feet, exclusive of any parking.
(e) Minimum Rear Yard Depth. Minimum rear yard depth shall be required so as to meet the requirement of subsection (a) hereof.
(f) Height. No structure shall exceed a height of fifty (50) feet.
(g) Landscaping. If side or rear yards are located adjacent to any district where residences are a permitted use, landscaping and screening shall be required on the perimeter of those yards, pursuant to the standards of Chapter 1173 of this Ordinance.
(h) Trash and Garbage Control. All trash and garbage shall be stored in container systems which are located and enclosed so as to effectively screen them from view.
(i) Development Plan. New LI uses constructed on land vacant at the time of the effective date of this Ordinance must submit a Development Plan. The Planning and Zoning Board shall review the Plan prior to the issuance of a zoning permit according to the criteria in Section 1131.02
(g) and may impose additional requirements as may be reasonable and appropriate.
(Ord. 2000-14. Passed 7-24-00.)
1158.01 INTENT.
The purpose of this chapter is to provide for the orderly development and regulation of storage warehouses for uses accessory to residential uses in planned manner in harmony with the district in which warehouse development is undertaken.
(Ord. 2004-07. Passed 7-5-04.)
1158.02 DEFINITION.
“Mini-storage warehouse” or “mini-warehouses” means a structure or group of structures for a dead storage of customer’s goods and wares where individual stalls or lockers are rented out to different tenants for storage and where no stall or locker exceeds 500 square feet of floor area.
(Ord. 2004-07. Passed 7-5-04.)
1158.03 PERMITS REQUIRED.
Mini-storage warehouses shall be permitted subject to the development standards set forth in this chapter. Where this chapter does not provide specific direction concerning development standards and/or signage, the provisions of the Planning and Zoning Code shall apply.
(Ord. 2004-07. Passed 7-5-04.)
1158.04 MINI-WAREHOUSE DEVELOPMENT STANDARDS.
(a) Lot coverage of all structures shall be limited to eighty percent (80%) of the lot size.
(b) All lights shall be shielded to direct light onto established buildings and away from adjacent property, but may be of sufficient intensity to discourage vandalism and theft.
(c) Off-street parking and driveway width.
(1) Parking shall be provided by parking/driving lanes adjacent to the buildings. These lanes shall be at least twenty-six feet wide when cubicles open onto one side of the lane only and at least thirty-six feet wide when cubicles open onto both sides of the lane.
(2) All curbing in parking areas and drives shall be at least asphalt.
(3) Vehicle ingress-egress shall be limited to one point of each side of property abutting any street lot line. In addition, “NO PARKING FIRE LANE” signs shall be posted in all driveway and access areas.
(4) Two parking spaces shall be provided adjacent to the manager’s quarters.
(5) In addition, one parking space for every 200 storage cubicles or fraction there shall be located adjacent to the project office. A minimum a six such spaces shall be provided.
(6) Required parking spaces shall not be rented as, or used for, vehicle storage.
(7) Distance between buildings shall be a minimum of 20 feet.
(d) No buildings used solely or in part for storage shall exceed twelve feet six inches in height.
(e) The exterior finish of the mini-warehouse shall be finished quality and approved by the Planning and Zoning Commission.
(f) Buildings shall be so situated and/or screened that overhead access doors shall not be visible from major thoroughfares.
(g) The following construction requirements shall apply, in addition to other requirements of the Village of Ashville’s Planning and Zoning Codebook:
(1) All roofs shall be of noncombustible construction.
(2) Every 5th rental unit shall be separated by a two-hour fire separation of masonry construction.
(3) No structure falling under the provisions of the code shall be located less than 500 feet from any residential dwelling, school building, day care center, hospital, nursing home or public building.
(h) The site shall be screened by a six-foot high combination fence and decorative block wall, to be installed along interior property lines and street setback lines.
(i) All storage on property shall be kept within an enclosed building.
(j) A landscaped strip twenty feet in width shall be provided where subject property abuts any residential and R & R district. Said strips abutting residential and/or R & R districts shall be designed to provide screening of warehouse site from residential and/or R & R properties.
(k) All areas on the site not covered by pavement or structures must be brought to finished grade and landscaped. All ingress and egress driveways shall be landscaped so as to provide sufficient screening from any adjacent thoroughfare streets. A landscaping plan, including the type and location of the proposed plantings, shall be approved, and shall be submitted with the final plans for approval by the Planning and Zoning Commission.
(l) All landscaping shall be maintained in good condition by the property owner.
(m) Facility shall not be accessible between the hours of 11:00 p.m. through 5:00 a.m.
(Ord. 2004-07. Passed 7-5-04.)
1158.05 USE RESTRICTIONS.
(a) No person shall conduct:
(1) Any business activity (other than rental of storage units) including miscellaneous or garage sales, and transfer/storage business that utilizes vehicles as part of said business.
(2) Servicing or repair of motor vehicles, boats, trailers, lawnmowers, any similar equipment.
(3) The operations of power tools, spray-painting equipment, table saws, lathes, compressors, welding equipment, or other similar equipment.
(4) Any use that is noxious or offensive because of odors, dust, noise, fumes or vibrations.
(b) All mini-warehouse rental contracts shall include clauses prohibiting:
(1) Storage of flammable liquids, highly combustible or explosive materials or hazardous chemicals; and
(2) The use of the property for uses other than dead storage.
(c) Fire protection shall be provided to meet Harrison Township’s codes.
(d) The lessor shall retain the right of entry and be available to open each unit for fire inspections during all reasonable business hours. The Fire Department shall conduct storage unit inspections two times per calendar year, not including re-inspections for violations.
(e) The lessor shall provide Fire Department/Village of Asvhille with a twenty-four hour telephone number and contact for emergencies.
(f) The lessor shall have an employee on premises at all times during the hours of operations or install a pass key gate.
(g) Outside storage is prohibited in the self-service storage facilities.
(Ord. 2004-07. Passed 7-5-04.)
1158.99 PENALTY.
Whoever violates any provision of this section, and upon conviction thereof, shall be guilty of a misdemeanor of the second degree. Each day that such violation continues shall constitute a separate offense.
(Ord. 2004-07. Passed 7-5-04.)
1159.01 PURPOSE.
It is the purpose of this district to address the unique development characteristics of the primary highway corridors through and within the Village of Ashville, and to promote standards for development that preserve and maintain a safe and efficient flow of vehicular traffic and minimize traffic congestion.
1159.02 OVERLAY DISTRICT DESIGNATION.
The Highway Corridor Overlay (HCO) District shall be superimposed over the Official Zoning Map, and shall consist of those lots directly abutting specific thoroughfares. The underlying zoning district shall hereafter be called the base district. When land is proposed to be developed within the boundaries of the Highway Corridor Overlay District, such development shall meet the requirements of the base district, as well as the requirements of the Highway Corridor Overlay District.
1159.03 DEVELOPMENT STANDARDS.
(a) No new structures, including canopies but not including signs as specified in subsection (b) hereof, shall be constructed within eighty (80) feet from the highway right-of-way.
(b) Not more than one (1) sign shall be permitted within the front yard of any business located within the HCO District. Such sign shall be wall mounted or freestanding, and shall not exceed thirty (30) square feet in area. If such sign is freestanding, it shall not be higher than ten (10) feet from grade elevation, nor less than forty (40) feet from the right-of-way.
(Ord. 2000-14. Passed 7-24-00.)
(c) New non-residential buildings which are adjacent to a base zoning district where single-family dwellings are a permitted use, shall be located not less than fifty (50) feet from the property line abutting such district. In addition, new commercial or industrial buildings, or extensions of business uses as permitted in subsection (d) hereof, shall be required to establish and maintain a landscaped buffer along the property line(s) abutting the residential district. Such landscaped buffer shall consist of earthen mounds or vegetative screening, or some combination thereof, not less than ten (10) feet in width, and meeting the requirements of Chapter 1173 of this Ordinance.
(d) Not more than one (1) access point (i.e., curb cut) shall be permitted from any property listed as under one ownership in the Pickaway County Recorder's Office as of the effective date of this Ordinance.
(e) Existing businesses located within the GB or LI base districts and within the HCO District shall be permitted to expand and/or extend such use, provided the requirements of subsections (a) to (d) above are met.
1161.01 PURPOSE.
The Village of Ashville contains areas with rich historic, architectural and/or environmental character. The preservation of these areas is directly linked to the economic, social, historical and cultural health and well-being of the community. The purpose of the Design Review District is to protect and preserve these assets and to prevent intrusions and alterations within the established district(s) which would be incompatible with their established character. It is further the intent of this district to encourage infill development that respects the context of the existing built environment, to promote local design qualities, to stabilize and enhance property values, and to reduce conflicts between new construction and existing development.
The Design Review District is an Overlay District. This means that the standards of this chapter are requirements which must be met in addition to the established requirements and standards of the base district over which the Design Review District is placed.
(Ord. 2000-14. Passed 7-24-00.)
1161.02 DEFINITIONS.
As used in this chapter, the following words shall be defined as follows:
(a) "Alteration" means any action to change, modify, reconstruct, remove or demolish any exterior features of an existing structure or site within the Design Review District. For the purpose of this item, ordinary maintenance to correct any deterioration, decay or damage to a structure or premises and to restore the structure as nearly as practicable, is excluded from the definition of "alteration", provided such work does not involve a change in type of building materials.
(b) “Architectural Character” means the architectural style, general design, and general arrangement of the exterior of a building or other structure including the type and texture of the light fixtures, signs and other appurtenant fixtures. In the case of an outdoor advertising sign, "exterior features" means the style, material, size and location of the sign.
(c) "Applicant" means any person, persons, association, organization, partnership, unit of government, public body or corporation who applies for a Certificate of Appropriateness in order to undertake an environmental change within the District.
(d) "Board" means the Design Review Board of the Village of Ashville.
(e) "Certificate of Appropriateness" means a certificate authorizing any environmental change within the Design Review District.
(f) "District" means the Design Review District.
(g) "Environmental Change" means the construction, alteration, demolition or removal of any property subject to the provisions of this chapter.
(h) "Preserve" or "preservation" means the process, including maintenance, of treating an existing building to arrest or slow future deterioration, stabilize the structure and provide structural safety without changing or adversely affecting the character or appearance of the structure.
(i) "Owner" shall mean the owner of record, and the term shall include the plural as well as the singular. (Ord. 2000-14. Passed 7-24-00.)
1161.03 DISTRICT BOUNDARIES.
The Design Review District shall consist of areas to be identified and designated by Village Council under separate ordinance. The designation of such areas shall be made by Council after obtaining a recommendation from Planning and Zoning Board, and holding a public hearing. Prior to that hearing, notification shall be given to all property-owners and residents of the proposed district, pursuant to the same requirements for zoning amendment.
(Ord. 2000-14. Passed 7-24-00.)
1161.04 DESIGN REVIEW DISTRICT REVIEW BOARD.
(a) Establishment and Corporation. The Design Review Board is hereby established consisting of five (5) residents of the Village appointed by Mayor for terms of three (3) years. At least one (1) members of the Board shall also be a member of the Planning and Zoning Board, and at least four (4) members of the Board shall be residents or property-owners in the Design Review District. In appointing members, the Mayor shall make good faith effort to appoint persons with professional training in the fields of architecture, design, urban planning or related disciplines.
(b) Meetings. The Design Review Board shall hold not less than four (4) meetings per year.
(c) Quorum. Three (3) members of the Design Review Board shall constitute a quorum. The concurring vote of three (3) members of the Board shall be necessary to pass any motion or action.
(d) Procedures. The Design Review Board shall adopt its own other procedural rules and guidelines. (Ord. 2000-14. Passed 7-24-00.)
1161.05 CERTIFICATE OF APPROPRIATENESS REQUIRED.
No environmental change shall be made to any property within the Design Review District until a Certificate of Appropriateness has been properly applied for, and issued by the Design Review Board. No zoning or building permit shall be issued by the Zoning Inspector for any construction, reconstruction, alteration or demolition of any structure now or hereafter in the Design Review District or subject to the process as specified in this Ordinance, unless a Certificate of Appropriateness has been authorized by the Board.
(Ord. 2000-14. Passed 7-24-00.)
1161.06 PROCEDURE FOR CERTIFICATE OF APPROPRIATENESS.
(a) The application for a Certificate of Appropriateness shall be made on such forms as prescribed by the Zoning Inspector, along with such plans, drawings, specifications and other materials as may be needed by the Board to make a determination. At a minimum, such information shall include the following:
(1) A site plan showing building outlines, dimensions and landscaping.
(2) A complete description of the proposed environmental change.
(b) Applications for a Certificate of Appropriateness shall be filed with the Zoning Inspector at least ten (10) days prior to the meeting of the Design Review Board.
(d) In determining the appropriateness of a specific environmental change, the Board may conduct a public hearing on the project and/or solicit input from consultants to the Village.
(e) If no action is taken by the Board within ninety (90) days from the date of application, the Certificate of Appropriateness shall be issued as a matter of law.
(Ord. 2000-14. Passed 7-24-00.)
1161.07 CRITERIA OF EVALUATION OF APPLICATION FOR CERTIFICATION OF DESIGN APPROPRIATENESS.
In considering the appropriateness of any proposed environmental change, including landscaping or exterior signage, the Design Review Board shall consider the following:
(a) The visual and functional components of the building and its site, including but not limited to, building height, massing and proportion, roof shape and slope, landscape design and plant materials, lighting, vehicular and pedestrian circulation, and signage.
(b) The distinguishing original qualities or character of a historic building, structure, site and/or its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural or environmental features should be avoided when possible.
(c) All buildings, structures and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance inconsistent or inappropriate to the original integrity of the building shall be discouraged.
(d) Whereas changes which may have taken place in the course of time are evidence of the history and development of a building, structure or site and its environment, if these changes are deemed to have acquired significance, then this significance shall be recognized and respected.
(e) Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure or site shall be treated with sensitivity.
(f) Significant architectural features which have deteriorated shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture and other visual qualities. Repair or placement of architectural features should be based on accurate duplication of the feature, and if possible, substantiated by historic, physical or pictorial evidence rather than on conjectural designs or availability of different architectural elements from other buildings or structures.
(g) The surface cleaning of masonry structures shall be undertaken with methods designed to minimize damage to historic building materials. Sandblasting and other cleaning methods that will damage the historic building materials should be avoided.
(h) Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, and such design is compatible with the size, scale, color, material and character of the property, neighborhood or environment.
(i) Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the original structure would be unimpaired. Additions to the least significant and least visible of historic properties should be given priority over other designs. (Ord. 2000-14. Passed 7-24-00.)
1161.08 DESIGN CRITERIA.
(a) Existing Structures and Premises. Reconstruction or rehabilitation within the Design Review District shall conform to the distinguishing, original exterior qualities or character of the structure, its site, and its environment.
(b) New Construction. The design of new structures and of additions to existing structures, including new site improvements, shall take into account the architectural style, general design, arrangement, texture, material and color of other structures and premises within the individual precinct.
(c) Materials. All new structures and all reconstruction or remodeling of existing structures within the Design Review District shall utilize natural traditional exterior materials such as brick, stone, masonry and/or wood. The use of contemporary materials, such as aluminum and other similar metals, fiberglass and plastic for exterior surfaces on architecturally significant structures shall be prohibited unless the use of such materials would contribute to the enhancement of existing traditional materials and the overall integrity and longevity of the structure.
(d) Color. Traditional colors and combinations of those colors that are both identified with the origin or the era in which the structure of property was originally built, shall be used for exteriors for all new structures to be built, and reconstruction, remodeling and exterior maintenance of existing structures within the Design Review District.
(e) Signs. All signs within the Design Review District shall conform to color and material standards of this Section, be of such size, scale, style and design that reflects the era during which the structure was built, and shall conform to the requirements of this Ordinance. Sign size and shape shall also respond to the existing proportions of period structures, and signs shall not be permitted to cover, "blank-out" or close existing window and doorway openings or otherwise hide important architectural features.
(Ord. 2000-14. Passed 7-24-00.)
1161.09 DEMOLITION OF STRUCTURES.
In cases where an applicant applies for a Certificate of Appropriateness to demolish a structure within the Design Review District, the Design Review Board shall grant the demolition and issue a Certificate of Appropriateness when at least one of the following conditions exist:
(a) The structure contains no features of architectural and historic significance to the character of the individual precinct within which it is located.
(b) There exists no reasonable economic use for the structure as it exists or as it might be restored, and that there exists no feasible and prudent alternative to demolition.
(c) Deterioration has progressed to the point where it is not economically feasible to restore the structure. (Ord. 2000-14. Passed 7-24-00.)
1161.10 MAINTENANCE.
Nothing in this chapter shall be construed to prevent ordinary maintenance or repair of any property within the Design Review District, provided such work involves no change in material, design, texture, color or exterior appearance; nor shall anything in this chapter be construed to prevent any change, including the construction, reconstruction, alteration or demolition of any feature which in the view of the Zoning Inspector is required for the public safety because of an unsafe, insecure or dangerous condition. (Ord. 2000-14. Passed 7-24-00.)
1161.11 APPEALS.
Any applicant aggrieved by any decision of the Board may appeal the decision to the Village Council. Such appeal shall be taken by the filing of a written statement, setting forth the grounds for the appeal, with the Clerk of Village Council within thirty (30) days of the decision of the Board. The Village Council may reverse, remand, or modify such decision and shall state the reasons therefor. (Ord. 2000-14. Passed 7-24-00.)
1161.12 PENALTY.
Whoever constructs, reconstructs, alters, or modifies any exterior architectural or environmental feature now or hereafter within the Design Review District in violation of this chapter, shall be deemed to be guilty of a misdemeanor, subject to the penalties specified in Section 1121.99. (Ord. 2000-14. Passed 7-24-00.)
1163.01 FINDING OF FACT.
Specific areas of the Village of Ashville adjacent to Walnut Creek are subject to periodic inundation which may result in loss of life and property, hazards to health and safety, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety, and general welfare. These losses are caused - to a significant degree - by the cumulative effect of obstructions in floodways (causing increased flood heights and velocities in upstream areas), and the occupancy of flood hazard areas by uses which are not adequately elevated or protected from flood damage.
(Ord. 2000-14. Passed 7-24-00.)
1163.02 PURPOSE.
It is the intent of the Flood Plain Overlay District (FP) to regulate the use of floodplains for purposes which could be detrimental to health and welfare for citizens of the Village. The FP District is an overlay zoning district. This means that the underlying district standards and requirements shall apply in addition to the Flood Plain Overlay District (FP) regulations and requirements. (Ord. 2000-14. Passed 7-24-00.)
1163.03 LANDS SUBJECT TO FLOODING.
For the purpose of this Ordinance, "flood plains" are defined as those lands subject to inundation by the 100 year flood. Such areas shall be as identified by the Federal Emergency Management Agency (FEMA) in the Flood Boundary and Floodway Maps as identified in the Ordinance cited below, as well as subsequent amendments or revisions thereto.
(Ord. 2000-14. Passed 7-24-00.)
1163.04 DEVELOPMENT STANDARDS.
The standards, requirements and administrative procedures for development of land within the FP District shall be as stated in Chapter 1325 of the Building Code, and as specified in the underlying zoning district. (Ord. 2000-14. Passed 7-24-00.)
1164.01 PURPOSE.
This district provides for low-density, multi-family residential areas, which can offer a variety of housing types and site layouts especially suited for condominium development. It encourages flexibility in design to create a sound living environment which can contain living areas, immediately adjacent to shopping or services, outdoor recreation areas, neighborhood views and vistas, etc.
(Ord. 2004-06. Passed 7-5-04.)
1164.02 PLAN REQUIRED.
No zoning permit may be issued for any development in an R-5 District unless a site plan for the same has been submitted to the Zoning Inspector and approved as provided herein.
(Ord. 2004-06. Passed 7-5-04.)
1164.03 REVIEW AND APPROVAL OF SITE PLANS AND ZONING PERMITS.
The following provisions apply to the submission, review and approval of site plans and zoning permits in an R-5 Condo-Residential District.
(a) Any construction, reconstruction or change in use of land, which requires the issuance of a zoning permit shall also require the submission and approval of a site plan under Chapter 1185.
(b) Prior to issuance of any zoning permit, an owner of real estate must dedicate such additional right of way and other sewer, drainage and utility easements as are necessary to:
(1) Comply with the Village’s master plan for streets, drainage and sanitary sewers.
(2) Comply with the plan for interior streets set forth in Section 1183.05
or such alternative plan for interior streets as may be approved by the Village Engineer which meets the following criteria:
A. No area zoned R-5 shall be further than 330 feet from the centerline of a street.
B. Any interior street shall connect to an existing street, whether or not improved.
C. Any new interior street may be disapproved for failing to connect to an existing street within 1,000 feet of its furthest point.
D. All interior streets must be dedicated to a full 60-foot right of way.
E. Council may by ordinance approve any interior street design whether or not the same is consistent herewith.
(c) Demonstrate that all deferred assessments for waterline, sanitary sewers and related improvements have been paid.
(Ord. 2004-06. Passed 7-5-04.)
1164.04 CHANGES OR MODIFICATIONS.
Minor changes or modifications in an approved site plan for an R-5 District may be made with the approval of the Planning and Zoning Board. Major changes shall be made with the approval of the Board and Council. A major change shall include:
(a) An increase in number of dwelling units.
(b) A change in area of the site plan.
(c) Change in a proposed dedicated street, school site or park.
(d) Increase in building height.
(e) Increase of total building area by more than ten percent (10%).
All others shall be deemed a minor change or modification.
(Ord. 2004-06. Passed 7-5-04.)
1164.05 SITE LIMITATION.
A maximum of twenty-five percent of the net side area including drives and parking areas, less public right of way, may be devoted to commercial activities. Maximum gross commercial floor area shall be 100 square feet per dwelling unit on the site. The minimum commercial area in a project shall be sufficient to create a viable neighborhood service facility as determined by the Planning and Zoning Board. Such activities shall conform to all other sections of this Zoning Ordinance relating to commercial activities.
Pedestrian and vehicular access from residential to commercial areas of the site must be provided. Access to commercial areas from outside the site shall not pass through residential areas. Residential areas shall be suitably screened from commercial areas, and there shall not be joint usage of parking areas. There shall be at least 100 feet of frontage on a public right of way included within the commercial area.
Residential areas must occupy at least seventy-five percent (75%) of the site including drives and parking areas, less public right of way. Such areas must include at least the following amount of continuous usable open space to be made available to project residents for recreation activities:
Fifty dwelling units or fewer, one acre.
For each additional fifty dwelling units or portion thereof: one acre of portion thereof.
(Ord. 2004-06. Passed 7-5-04.)
1164.06 PERMITTED USES.
The following are permitted uses in an R-5 District:
(a) Two-family dwellings.
(b) Three or four family dwellings.
(c) Multiple family dwellings up to six dwelling units per building.
All units shall contain at least 1,000 square feet.
(Ord. 2004-06. Passed 7-5-04.)
1164.07 SUPPLEMENTARY USES AND STRUCTURES.
The following uses and structures are allowed in an R-5 District, subject to the provisions and regulations of Title Five of this Zoning Ordinance.
(a) Accessory buildings shall be constructed in accordance with Section 1175.01, except that all vehicular storage shall be contained in the primary structure.
(c) Parking and storage of boats, recreational vehicles and utility equipment will be prohibited.
(e) Tennis courts by nonconforming use permit.
(f) Off-street parking and loading must be provided for each dwelling unit at a minimum of two spaces per unit.
(Ord. 2004-06. Passed 7-5-04.)
1164.08 AREA AND DIMENSION REQUIREMENTS.
(a) Height Limit. The maximum height limit for any structure in an R-5 District shall be two and one-half stories or thirty-five feet whichever is greater.
(b) Exceptions to Height Limits. The height regulations of this chapter shall not apply to ornamental tower and spires, chimneys, smokestacks and flagpoles.
(c) Lot Area. Every lot area should have a minimum area per dwelling of 4,000 square feet.
(d) Front Yard. There shall be side yards of not less than thirty feet in all parcels on an R-5 District. The required front yard setback shall be measured from the edge of the road.
(e) Side Yard. There shall be side yards of not less than ten feet in an R-5 District except that any side yard abutting an SR-1 or SR-3 shall be treated as a rear yard.
(f) Rear Yard. There shall be a rear yard of not less than thirty feet in an R-5 District.
(Ord. 2004-06. Passed 7-5-04.)
1164.09 SCREENING AND SETBACK REQUIREMENTS ADJACENT TO OTHER RESIDENTIAL DISTRICTS.
The following requirements shall apply to that portion of any parcel in an R-5 District which abuts as RE, SR, VR, RO and VC District.
(a) No six-family structure shall be located closer than 150 feet to an RE, SR, VR, RO or VC District.
(b) No other structure except for garages and accessory buildings shall be located closer than fifty feet to an RE, SR, VR, RO or VC District.
(c) Adjacent to and within the twenty-foot minimum setback abutting any RE, SR, VR, RO or VC District, there shall be constructed and maintained adequate screening either in the form of shrubbery, trees and other landscaping or in the form of a decorative fence, both at least six feet high which will serve as a visual and sound barrier between the districts.
(Ord. 2004-06. Passed 7-5-04.)
1164.10 COMPLIANCE WITH REQUIREMENTS OF DESIGN REVIEW DISTRICT.
No zoning permit may be issued for any development in an R-5 District which is also in the designated Design Review District unless it has fully complied with the requirements of the Design Review District as designated in Chapter 1161.
(Ord. 2004-06. Passed 7-5-04.)
1164.11 COMPLIANCE WITH LANDSCAPING REQUIREMENTS.
No zoning permit may be issued for any development in an R-5 District unless a landscaping plan has been submitted for the development which meet the minimum standards set forth in Chapter 1173
, and each dwelling unit shall have one deciduous tree planted in the front yard before occupancy is granted. Species of trees shall not be one of the undesirable species listed in Section 1173.02
.
(Ord. 2004-06. Passed 7-5-04.)
1165.01 ESTABLISHMENT AND PURPOSES.
The Planned Unit Development District (P.U.D.) is established to provide flexibility in the arrangement and design of a site by moving beyond the standard, more rigid, conventional zoning district regulations. A P.U.D. is designed to produce more efficient use of the land and more amenities and benefits for the community and users of the development. This is done by encouraging developers to use a more creative approach in development and to achieve:
(a) A maximum choice of living environments by allowing a variety of housing and building types and permitting an increased density per acre and a reduction in lot dimensions, yards, building setbacks and area requirements.
(b) A more useful pattern of open space and recreational areas and, if permitted as part of the project, more convenience in the location of accessory commercial uses and services.
(c) A development pattern which preserves and utilizes natural topography and geologic features, scenic vistas, trees and other vegetation, and which prevents the disruption of natural drainage patterns.
(d) A more efficient use of land than is generally achieved through conventional development, resulting in substantial savings through shorter utilities and streets.
(e) A development pattern in harmony with the land use density, transportation facilities and community facilities objectives of the Comprehensive Plan.
Development under planned unit development provisions provides a means of encouraging ingenuity, imagination and flexibility on the part of landowners, engineers, architects, site planners and developers in the planning and design of land areas. It is not the intent of the planned unit development provisions to allow applicants to circumvent the intent of this Zoning Code or to allow development of land not in conformance with the Land Use Plan of the Village.
(Ord. 2006-03. Passed 2-21-06.)
1165.02 PERMITTED USES.
The following uses shall be permitted in the P.U.D. District:
(a) Residential dwelling types developed in a unified manner in accordance with an approved plan.
(b) Schools, parks and playfield facilities.
(c) Churches and other institutions for the purpose of religious worship.
(d) Recreational facilities and amenities as may be provided for the use of the residents of the dwellings.
(e) Neighborhood shopping centers not comprising more than ten percent (10%) of the total site acreage and developed in a united manner.
(Ord. 2006-03. Passed 2-21-06.)
1165.03 PROCEDURE FOR APPROVAL.
(a) In General. P.U.D. Districts may be established by application in accordance with the provisions set forth below. The procedure and conditions for establishing a P.U.D. District shall be as set forth in subsection (b) hereof.
(b) Application Procedure. The P.U.D. shall be submitted to the Zoning Inspector and processed according to the Village Zoning Code. The applicant shall submit a “Request for P.U.D. Designation” application. Any application for a planned unit development, for any land use or structure permitted under this Zoning Code, shall be submitted in accordance with the following procedure.
(1) Pre-application meeting. The developer/landowner shall meet with the Zoning Inspector and the Planning and Zoning Board prior to the submission of the preliminary development plan. The purpose of this meeting is to discuss early and informally the purpose and effect of this Zoning Code and the criteria and standards herein and to familiarize the developer/landowner with the Comprehensive Plan, the Thoroughfare Plan, the Parks and Transportation Plan and the drainage, sewer and water systems of the Village.
(2) Contents of application for approval of preliminary development plan. An application for preliminary planned unit development shall be filed with the Chairperson of the Planning and Zoning Board by at least one owner or lessee of property for which the planned unit development is proposed. At a minimum, the application shall contain the following information filed in triplicate:
A. The name, address and phone number of the applicant.
B. The name, address and phone number of the registered surveyor, registered engineer and/or urban planner assisting in the preparation of the preliminary development plan.
C. A legal description of the property.
D. A description of the existing use.
E. Conceptual overview of the development.
F. The zoning district(s).
G. Proposed provision of utilities.
H. A vicinity map, at a scale approved by the Village P. and Z. Board, showing property lines, streets, existing and proposed zoning and such other items as the Village P. and Z. Board may require to show the relationship of the planned unit development to the Comprehensive Plan and to existing schools and other community facilities and services.
I. A preliminary development plan, at a scale approved by the Village P. & Z. Board, showing topography at two-foot contour intervals; the location and type of residential, commercial and industrial land uses; the layout dimensions and names of existing and proposed streets, rights of way, utility easements, parks and community spaces; the layout and dimensions of lots and building setback lines; preliminary improvement drawings showing water, sewer, drainage, electric, telephone and natural gas; and such other characteristics as the Village P. & Z. Board deems necessary.
J. A proposed schedule for the development of the site including the timing and phasing.
K. Evidence that the applicant has sufficient control over the land in question to initiate the proposed development plan within five years.
L. Proposed ownership and maintenance of common open space.
M. A fee as indicated in Ordinance 2005-10.
The application for preliminary planned unit development shall be accompanied by a written statement by the developer/landowner setting forth the reasons why, in his or her opinion, the planned unit development would be in the public interest and would be consistent with the Village’s statement of purpose for planned unit developments in Section 1165.01
.
(3) Public hearing after receipt of preliminary development plan.
A. Within thirty days after receipt of the preliminary development plan, the Village P. & Z. Board shall hold a public hearing.
B. Before holding said public hearing, notice of such hearing shall be given, in one or more newspapers of general circulation in the Village, at least twenty days before the date of said hearing. The notice shall set forth the time and place of the public hearing and a general description of the proposed planned unit development.
C. Before holding this public hearing, written notice of such hearing shall be sent by the Chairperson of the Village P. & Z. Board, by first class mail, at least twenty days before the hearing, to all owners of property contiguous to or directly across the street from the area proposed to be included within the P.U.D. District. The failure to deliver the notice, as provided in this section, shall not invalidate any such approval. The notice shall contain the same information as required of notices published in newspapers as previously specified.
(4) Approval in principle by Village P. & Z. Board. Within thirty days after the required public hearing, the Village P. & Z. Board shall review the preliminary development plan to determine if it is consistent with the intent and purpose of this Zoning Code, whether the proposed development advances the general welfare of the neighborhood and community, and whether the benefits, combination of various land uses, and the interrelationship with the land uses in the surrounding area, justify the deviation from standard district regulations. The Board’s approval in principle of the preliminary development plan shall be necessary before an applicant may submit a final development plan. Approval in principle shall not be construed to endorse a precise location of uses, configuration of parcels or engineering feasibility. The Village P. & Z. Board may seek assistance from the Harrison Township Planning and Zoning Board, or the Pickaway County Board of County Commissioners concerning regional planning in making its recommendation.
(5) Submission of final development plan. After approval in principle of the preliminary development plan, the developer shall submit a final development plan to the P. & Z. Board. The final development plan shall be in general conformity with the preliminary development plan approved in principle. Five copies of the final development plan shall be submitted and may be endorsed by a qualified professional team, which should include an urban planner, a licensed architect, a registered land surveyor, a registered civil engineer and a registered landscape architect.
(6) Contents of application for approval of final development plan. An application for approval of the final development plan shall be filed with the Chairperson of the P. & Z. Board by at least one owner or lessee of the property for which the planned unit development is proposed. Each application shall be signed by the owner or lessee, attesting to the truth and exactness of all information supplied on the application for the final development plan. Each application shall clearly state that the approval shall expire and may be revoked if construction on the project has not begun within five years from the date of issuance of the approval. At a minimum, the application shall contain the following information:
A. A survey of the proposed development site, showing the dimensions and bearings of the property lines, the area in acres, the topography and existing features of the development site, including major wooded areas, structures, streets, easements, utility lines and land uses.
B. Maximum site coverage (not required for detached single-family P.U.D.’s).
C. All the information required on the preliminary development plan; the location and sizes of lots; the location and proposed density of dwelling units, nonresidential building intensity; and land use considered suitable for adjacent properties.
D. A schedule for the development of units to be constructed in progression and a description of the design principles for buildings and streetscapes (layout and names); tabulations of the number of acres in the proposed project for various uses; the number of housing units proposed by type of housing; the estimated nonresidential population; the anticipated timing for each unit; and standards for height, open space, building density and public improvements proposed for each unit of the development whenever the application proposes an exception from the standard zoning districts of other ordinances governing development.
E. Required number of parking spaces and number of spaces proposed.
F. Engineering feasibility studies and plans, sealed and certified by a registered professional engineer, showing, as necessary, water, sewer and drainage, electric, telephone and natural gas installations; waste disposal facilities; street improvements; and the nature and extent of earthwork required for site preparation and development, proposed method of street lighting, proposed signs excluding street signs.
G. The site plan, showing buildings, various functional use areas, circulation and their relationships.
H. Gross lot acreage, net lot acreage, maximum allowable density, proposed density with calculations indicated.
I. Location, area, and dimensions of all lots, setbacks and building envelopes.
J. Existing buildings to remain or to be removed, and if the existing buildings remain, indicate proposed use.
K. Preliminary building plans, including floor plans and exterior elevations.
L. Landscaping plans including material used.
M. Deed restrictions, protective covenants and other legal statements or devices to be used to control the use, development and maintenance of the land and the improvements thereon, including those areas which are to be commonly owned and maintained.
N. The Village P. & Z. Board, or Zoning Inspector may require additional information such as professionally prepared maps, studies or reports including environmental assessments and/or traffic impact studies for the development. The expense for this information is the responsibility of the applicant.
O. A fee as indicated in Ordinance 2005-10.
(7) Public hearing by Village P. & Z. Board after receipt of final development plan. Within thirty days after submission of the final development plan, the Village P. & Z. Board may hold a public hearing. If a second public hearing is held, notice shall be given as previously specified.
(8) Recommendation by Village P. & Z. Board. Within sixty days after receipt of the final development plan, the Village P. & Z. Board shall recommend to the Village Council that the final development plan be approved as presented, approved with supplementary conditions or disapproved. The Village P. & Z. Board shall then transmit all papers constituting the record and the recommendations to the Village Council.
(9) Criteria for recommendations by Village P. & Z. Board. Before making its recommendations as required, the Village P. & Z. Board shall find that the facts submitted with the application and presented at the public hearing establish that:
A. The proposed development can be initiated within five years of the date of approval; Proposed method of street lighting
B. Each individual unit of the development, as well as the total development, can exist as an independent unit capable of creating an environment of sustained desirability and stability, or that adequate assurance will be provided that such objective will be attained, and that the uses proposed will not be detrimental to present and potential surrounding uses, but will have a beneficial effect which could not be achieved under standard district regulations.
C. The streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic, and increased densities will not generate traffic in such amounts as to overload the street network outside the planned unit development.
D. Any proposed commercial development can be justified at the location proposed.
E. Any exception from standard district requirements is warranted by the design and other amenities incorporated in the final development plan, in accordance with the planned unit development and the adopted policy of the Village P. & Z. Board and the Village Council.
F. The area surrounding said development can be planned and zoned in coordination and substantial compatibility with the proposed development.
G. The planned unit development is in general conformity with the Comprehensive Plan of the Village.
H. The existing and proposed utility services are adequate for the population densities and nonresidential uses proposed.
I. The Village P. & Z. Board may seek assistance from the Harrison Township Planning and Zoning Board or the Pickaway County Board of County Commissioners in making its recommendations.
J. Action by Village Council. Within sixty days after receipt of the final recommendation of the Village P. & Z. Board, the Village Council shall, by ordinance, either approve, approve with supplementary conditions or disapprove the application as presented. If the application is either approved or approved with conditions, the Village Council shall direct the Zoning Inspector to issue zoning certificates only in accordance with the approved final development plan and the supplementary conditions, if any.
(Ord. 2006-03. Passed 2-21-06.)
1165.04 STANDARDS.
(a) General.
(1) The development shall be in conformance with the goals and objectives of the Village P. & Z. Board, Zoning Ordinances and Resolutions and applicable Subdivision Regulations (and as amended).
(2) The uses are compatible with the proposed and existing surrounding land uses.
(3) The arrangement of land uses and buildings on the site integrate the topography, natural features, views, traffic access and the arrangement of usable common open space.
(4) The P.U.D. may be exclusively residential, commercial or industrial, or a combination of commercial/industrial uses.
(5) The Village P. & Z. Board shall review and find that the combination of uses meet the standards set forth.
(6) Each district shall have at a minimum the following net acreage:
A. Residential - 2 acres;
B. Commercial - 5 acres;
C. Industrial - 20 acres, and a combination commercial/industrial - 25 acres.
(b) Specific - Residential.
(1) The maximum number of dwellings (D’s) permitted per one gross site acreage (GSA) is listed in the districts below. An additional dwelling is permitted in each district subject to each additional one-half (½) acre provided within the P.U.D. as common and consolidated open space (which may include recreation areas, storm water retention areas, and natural areas).
SR-1 | SR-2 | SR-3 | AR-2F | AR-MF | R-5 |
3 D’s/GSA | 5 D’s/GSA | 6D’s/GSA | 10D’s/GSA | 11D’s/GSA | 11 D’s/GSA |
(2) No more than sixty percent (60%) of gross site acreage shall be devoted to coverage by buildings, structures, street pavement, driveway pavement, and parking area pavement.
(3) No less than fifteen percent (15%) of the gross site acreage, (five percent (5%) of which may be a stormwater retention facility), none of which is part of any yard or perimeter open space, shall be allocated to usable, accessible and consolidated, common open space and may be allocated on a plat by plat basis.
(4) An open space area void of buildings, structures, parking areas, or other above-ground improvement shall be maintained along all perimeter property lines of the P.U.D. as follows:
A. When abutting an SR, an open space perimeter area shall be provided that has a minimum depth equal to the required rear yard setback of the P.U.D.’s underlying zoning district.
B. When a residential area of a P.U.D. abuts a “C” or “M” District, an open space perimeter shall be provided that has a minimum depth of seventy-five feet. Building height shall be in accordance with the underlying zoning.
(5) There may be no minimum lot size, lot width, building or structure setback requirements except as noted in subsection (b)(2) and (b)(4)B. hereof.
(6) Telephone, electrical, cable and other utility appurtenances shall be underground.
(c) Specific - Commercial. Commercial developments shall be planned with common parking areas and common points of ingress and egress. Parking requirements shall be provided pursuant to Chapter 1169, Off-Street Parking and Loading Requirements, and the number of spaces required shall be determined by each specific use within the P.U.D.
(1) An open space area void of buildings, structures, parking areas or other above-ground improvements except fencing shall be maintained on all perimeter property lines of the P.U.D.
A. A minimum open space depth of thirty feet shall be provided unless a greater setback is required as listed in the underlying zoning district.
B. A minimum open space distance of forty feet shall be provided when abutting an “R” District.
(2) No less than ten percent (10%) of the gross lot acreage (five percent (5%) of which may be a storm water retention area), none of which shall be a part of any yard, shall be allocated to usable, accessible and consolidated, common open space.
(3) No more than fifty percent (50%) of gross site acreage shall be devoted to coverage by buildings, structures, street, driveway and parking area pavement.
(4) Landscaping or screening for parking shall be required.
(5) There shall be no minimum lot size, lot width, building or structure setback requirements except as provided in subsection (c)(1)B. hereof.
(6) Telephone, electrical, cable and other utility appurtenances shall be underground.
(d) Specific - Industrial.
(1) Industrial P.U.D. shall utilize natural features to screen lighting and parking.
(2) Landscaping or screening for parking shall be required.
(3) A minimum open space width of fifty feet void of buildings, structures, parking areas or other above-ground improvements except fencing shall be provided and maintained on all perimeter property lines of the P.U.D. unless a greater setback is required by this Zoning Ordinance.
(4) No less than ten percent (10%) of the GSA, none of which shall be a part of any yard, shall be allocated to usable, accessible and consolidated, common open space.
(5) There shall be no minimum lot size, lot width, building or structure requirements except as provided in subsection (d)(3) hereof.
(Ord. 2006-03. Passed 2-21-06.)
1165.05 CHANGES TO APPROVED P.U.D. PLAN.
Changes or alterations to the development plan as approved by the P. & Z. Board or Council may be administratively reviewed and approved by the Zoning Inspector, except in the following circumstances:
(a) Change in the overall acreage of the P.U.D.
(b) Any change in use in the P.U.D.
(c) Substantial alteration to open space areas and their location(s).
(d) A significant change in street pattern.
(e) A significant change in the landscape plan.
(f) An increase in the number of buildings; and
(g) Changes in the building/building envelope location(s).
The changes or alterations listed in subsections (a) through (g) hereof shall be approved by the P. & Z. Board. (Ord. 2006-03. Passed 2-21-06.)