Barberton City Zoning Code
CHAPTER 1110
Zoning Districts
Table 1110A: Development Regulations
Regulations | As Provided In: |
Regulations | As Provided In: |
1. USE Regulations: | |
RESIDENTIAL Districts | Tables 1130A, 1130B |
BUSINESS Districts | Tables 1130C, 1130D, 1130E, and 1130F |
OTHER Districts | Tables 1130A, 1130B |
2. DIMENSIONAL Regulations: | |
RESIDENTIAL Districts | Tables 1110B, 1110C, 1110E, and 1110F |
BUSINESS Districts | Tables 1110D, 1110E, and 1110F |
OTHER Districts | 1110.05(c) |
3. OTHER Regulations: | |
DESIGN REVIEW | Section 1310.08 |
PARKING & Loading | Chapter 1210, Parking, Loading & Vehicular Areas |
LANDSCAPING & Screening | Chapter 1220, Landscaping & Screening |
SIGNS | Chapter 1230, Sign Regulations |
Other ACCESSORY USES | Chapter 1140, Accessory Uses and Yards |
STREETS and Alleys | 1240.09(d) and (e) Section 1240.02 |
LOTS & Blocks | Section 1240.03 |
RESERVATIONS & Dedications | Section 1240.04 |
EASEMENTS | Section 1240.05 |
OPEN SPACE | Section 1240.06 |
1110.02(g) | |
NATURAL FEATURES | Section 1240.07 |
Chapter 1260, Flood Plains | |
1110.02(g) | |
IMPROVEMENTS | Section 1240.09 |
UTILITIES | 1240.09(f) |
OTHER Regulations | Section 1110.02 |
Chapter 1250, Special Use Regulations | |
Table 1110B: Dimensional Requirements for Single- and Two-Family and Agricultural Districts
Single-Family Detached | |||||||
RS32 | RS40 | RS50 | RS70 | RS85 | RS100 | AE | |
Single-Family Detached | |||||||||
RS32 | RS40 | RS50 | RS70 | RS85 | RS100 | AE | |||
LOTS or Building Sites | |||||||||
Average [a] Minimum AREA in Square Feet [b]: | 3,600 | 4,500 | 7,500 | 10,000 | 20,000 | 30,000 | 90,000 | ||
Average [a] Minimum WIDTH in Feet | 32 | 40 | 50 | 70 | 85 | 100 | 200 | ||
INTENSITY | |||||||||
Maximum BUILDING HEIGHT in Feet: 35 | 35 | 35 | 35 | 35 | 35 | 35 | 35 | ||
Maximum LOT COVERAGE in Percent: 50 | 35 | 35 | 35 | 35 | 35 | 35 | 35 | ||
OTHER | [e][f] | ||||||||
Attached [g] | Two-Family | ||||||||
RA16 | RA25 | RT40 | RT50 | RT70 | |||||
LOTS or Building Sites | |||||||||
Average [a] Minimum AREA in Square Feet [b]: | 1,750 [h] | 3,000 [h] | 4,500 | 7,500 | 10,000 | ||||
Average [a] Minimum WIDTH in ft. | 16 [h] | 25 [h] | 40 | 50 | 70 | ||||
INTENSITY | |||||||||
Maximum BUILDING HEIGHT in Feet: | 35 | 35 | 35 | 35 | 35 | ||||
Maximum LOT COVERAGE in Percent: | 70 | 50 | 35 | 35 | 35 | ||||
OTHER | |||||||||
See notes below. See Table 1110E for yard requirements.
There are no dimensional requirements for the LC District.
There are no dimensional requirements for the LC District.
Table 1110C: Multi-Family District Dimensional Requirements [g] [i]
RM18 | RM30 | RM50 |
RM18 | RM30 | RM50 | |
LOTS or Building Sites | -- | -- | -- |
Minimum AREA in Square Feet [b]: | -- | -- | -- |
Minimum WIDTH in Feet | -- | -- | -- |
INTENSITY | |||
Minimum LOT AREA per Dwelling Unit: | |||
Efficiency Unit | 1,090 | 660 | 395 |
1-Bedroom Unit | 1,405 | 855 | 510 |
2-Bedroom Unit | 2,420 | 1,450 | 870 |
3-Bedroom Unit | 3,350 | 2,075 | 1,280 |
Larger Units | 3,960 | 2,420 | 1,405 |
Maximum BUILDING HEIGHT in Feet: | |||
Within 50 feet of RS, RT, or RA District: | 35 | 35 | 35 |
Elsewhere: | 35 | 50 | 90 |
Maximum LOT COVERAGE in Percent: | 50 | 60 | 70 |
See notes below. See Table 1110E for yard requirements.
Table 1110D: Business District Dimensional Requirements
C-1
| C-2
| C-3
| C-4
| C-D
| O-1
| O-2
| I-1
| I-2
| I-3
| I-U
|
C-1
| C-2
| C-3
| C-4
| C-D
| O-1
| O-2
| I-1
| I-2
| I-3
| I-U
| |
LOTS or Building Sites | |||||||||||
AREA in Square Feet [b]: | |||||||||||
Minimum: | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- |
Maximum: | 15,000 | -- | -- | -- | -- | 25,000 | -- | -- | -- | -- | -- |
WIDTH in Feet: | |||||||||||
Minimum: | -- | -- | -- | -- | -- | -- | -- | 100 | 100 | 100 | 20 |
Maximum: | 100 | -- | -- | -- | -- | 100 | -- | -- | -- | -- | -- |
INTENSITY | |||||||||||
FLOOR AREA RATIO: [d] | |||||||||||
Minimum: | -- | -- | -- | -- | 2.0 | -- | -- | -- | -- | -- | -- |
Maximum: | 1.0 | 2.0 | 2.0 | 1.0 | 4.0 | 1.0 | 3.0 | 2.0 | 2.0 | 2.0 | 2.0 |
BUILDING HEIGHT in Feet: | |||||||||||
Minimum: | -- | -- | -- | -- | 20 | -- | -- | -- | -- | -- | -- |
Maximum: | 35 | 35 | 50 | 35 | 50 | 35 | 50 | 50 | 50 | 50 | 14 |
Within 50 feet of RS, RT, or RA District: | 35 | 35 | 35 | 35 | 35 | 35 | 35 | 35 | 35 | 35 | 35 |
LOT COVERAGE in Percent: | |||||||||||
Minimum: | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- |
Maximum: | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- |
See notes below. See Table 1110E for yard requirements.
Table 1110E: Yard Requirements
Front Yard [j][k] | Corner Side Yard [j][k] | Interior Side Yard [j][l][o] | Rear Yard [j][l] |
Front Yard [j][k] | Corner Side Yard [j][k] | Interior Side Yard [j][l][o] | Rear Yard [j][l] | |
A. Minimum Depth Required: | ||||
1. Percent of Lot Depth: | ||||
a. In AE and R Districts | 10 % | -- | -- | 25 % |
b. In C-D District | 0 % | -- | -- | 0 % |
c. In All Other Districts: | ||||
Abutting Protected Districts [c] [q] | 10 % | -- | -- | 25 % |
In All Other Locations | 10 % | -- | -- | 0 % |
2. Largest Depth Required in Feet [m] | 20 | -- | -- | 40 |
3. Smallest Depth Required in Feet [m] | ||||
a. Abutting Protected Districts [c] [q]: | ||||
In RM, O, and C-1 Districts | [n] | -- | -- | 20 |
In I-3 District | [n] | -- | -- | 40 |
In All Other C and I Districts | [n] | -- | -- | 30 |
b. In All Other Locations: | ||||
In AE and R Districts | [n] | -- | -- | 20 |
In All Other Districts | [n] | -- | -- | -- |
B. Maximum Depth Allowed in Feet: | ||||
1. In C-D District [p] | 0 | -- | -- | -- |
2. In All Other Districts | -- | -- | -- | -- |
C. Minimum Width Required: | ||||
1. Percent of Lot Width: | ||||
a. In AE and R Districts | -- | 20 % | 10 % | -- |
b. In C-D District | -- | 0 % | 0 % | -- |
c. In All Other Districts: | ||||
Abutting Protected Districts [c] [q] | -- | 20 % | 10 % | -- |
In All Other Locations | -- | 20 % | 0 % | -- |
2. Largest Width Required in Feet [m] | -- | 20 | 40 | -- |
3. Smallest Width Required in Feet [m]: | ||||
a. Abutting Protected Districts [c] [q]: | ||||
In RM, O, and C-1 Districts | -- | [n] | 10 | -- |
In I-3 District | -- | [n] | 40 | -- |
In All Other C and I Districts | -- | [n] | 20 | -- |
b. In All Other Locations: | ||||
In AE and RM Districts | -- | [n] | 10 | -- |
In All Other R Districts | -- | [n] | 5 | -- |
In All Other Districts | -- | [n] | -- | -- |
D. Maximum Width Allowed in Feet: | ||||
1. In C-D District [p] | -- | 0 | -- | -- |
2. In All Other Districts | -- | -- | -- | -- |
Please Note: To view the following graphics: Positioning of House on Lot and Required Yards: Single- and Two-Family Residential, see page 1110-19 of the printed version of the Barberton Development Code
Notes for Tables 1110B - 1110E
Requirements of Tables 1110B and 1110C apply to residential uses. For requirements for non-residential uses in Residential Districts, see 1110.02(d).
Requirements apply to lots or building sites, as de-fined herein. Exceptions may be approved as PUD's under 1310.06.
Site Plan Review is required for site condominiums, site cooperatives, and land-lease developments, all as defined herein, and for other properties with more than one principal building on a lot. See Section 1310.07.
[a] See 1110.02(e), Lot Size Averaging.
[b] For lots without public sewer, see 1110.02(c).
[c] Protected Districts
Abutting an RM District: RS, RT, and RA Districts are Protected Districts.
Abutting a C, O, or I District: all R Districts are Protected Districts.
Abutting an RS, RT, RA, AE, or LC District: there are no Protected Districts.
[d] Floor Area Ratio requirements apply to both non-residential and multi-family residential uses in those districts in which multi-family is permitted. A building may have either non-residential or mul-ti-family residential uses, or both, totalling up to the maximum Floor Area Ratio.
[e] No subdivision or other development in the RS-32 District shall consist of less than 25 lots, building sites, or dwelling units.
[f] Buffering between RS-32 and other Residential Districts shall be as provided in Chapter 1220.
[g] Single-family detached and two-family detached dwellings in RA and RM Districts shall meet all requirements for such dwellings of the least restrictive RT District.
[h] For single-family attached dwellings only. For multiple townhouses on a single lot, equivalent lot area and lot width shall be required per dwelling unit. For detached dwellings, see notes [g] and [i].
Lots less than 30 feet wide may require access from an existing or new alley if they have garages in order to comply with the limitations on front yard coverage by parking in 1210.06(c)(2)A.
[i] Townhouses and single-family attached dwellings in RM Districts shall meet all requirements for such dwellings of the least restrictive RA District.
[j] Yards for Tall Buildings
To the figure derived from calculations in the table add one foot of upper-story setback for every 3 feet of building height over 35 feet (where maximum building height restriction permits such heights). Such extraordinary setbacks shall be required only at the applicable height levels.
[k] Garage Street Setback
Notwithstanding other provisions herein, a garage
shall be set back no less than 20 feet from the
street right-of-way onto which it has access. See also next footnote [k].
[k] Infill Setbacks
Division 1110.02(g), Street Yards for Infill Parcels, may impose a requirement that is either greater or lesser than provided in this table.
[l] For exceptions to interior side and rear yard requirements, see 1250.03, Zero Lot Line.
[m] "Largest Depth (Width) Required" signifies that no yard of the specified type shall be required under this table to be larger than the figure indicated--even if the percentage calculation in A1 or C1 yields a larger yard requirement--except for buildings over 35 feet in height (see note [j]).
"Smallest Depth (Width) Required" signifies that no yard of the specified type shall be smaller than the figure indicated, even if the percentage calculation in A1 or C1 yields a smaller requirement.
[n] Minimum Street Yards
shall be as follows for street classifications as defined in the Barberton Comprehensive Plan:
Minor Streets: 5 feet
Collector Streets: 10 feet
Arterial Streets: 20 feet
Freeways: 0 feet
Tuscarawas Ave. & Second St. NW in C-D District 0 feet.
Collector Streets: 10 feet
Arterial Streets: 20 feet
Freeways: 0 feet
Tuscarawas Ave. & Second St. NW in C-D District 0 feet.
[o] Interior side yard requirements shall not apply where a dwelling unit is attached to another unit at the side lot line.
[p] Applies only abutting Tuscarawas Avenue and Second Street N.W.
[q] Except abutting lots in Protected Districts hous-ing uses that are identical or similar in the judgment of the Building Commissioner to the subject use. Larger yards would not be needed for an O1-zoned church next to another church zoned RS50.
Encroachments into required yards shall be permit-ted only as provided in Chapter 1140.
Table 1110G: TND Dimensional, Yard, and Use Requirements
Lots or Building Sites | RS, RA, RT Districts | RM Districts | C, O & I Districts |
Lots or Building Sites | RS, RA, RT Districts | RM Districts | C, O & I Districts |
Average maximum AREA in square feet: | 125% | -- | -- |
Average maximum WIDTH in feet: | 115% | 72 | 72 |
Intensity | |||
Minimum BUILDING HEIGHT in feet: | -- | 70% | 70% |
Minimum LOT COVERAGE in percent: | -- | 70% | 70% [a] |
Maximum LOT AREA per dwelling unit: | -- | 120% | 40% [b] |
Minimum FLOOR AREA RATIO: | -- | -- | 60% |
Yards | |||
Maximum FRONT YARD depth: | 6, 12, 18 [c] | 6 | 6 |
Maximum CORNER SIDE YARD width in feet: | 6, 8, [d] | 6 | 6 |
Maximum INTERIOR SIDE YARD width in feet: | 6 | 6 | 0 |
Uses | |||
Prohibited USE GROUPS: | |||
Permitted Uses: | -- | 4, 5, 6 | -- |
Conditional Uses: | -- | -- | -- |
These requirements are in addition to and do not supersede the requirements of Tables 1110B, 1110C, 1110D, and 1110E and other applicable provisions of this Code. Where the requirements of this table conflict with the requirements of the aforementioned tables or other provisions of this Code, the requirements of this table shall govern. Where a minimum requirement elsewhere in this Code exceeds a maximum specified herein, the figure herein shall also be considered as the minimum.
Percentages standards specified herein are, except where otherwise indicated, percentages of the corresponding development standards in Tables 1110B, 1110C, 1110D, and 1110E. Note that the requirements of this table are opposites of the requirements in the aforementioned tables. This table establishes maximums for standards the other tables set minimums for and minimums the other tables set for maximums. Standards not specified as percentages are in the unit of measure indicated.
[a] In Industrial Districts, 14 feet.
[b] This percentage applies to the area of the lot or building site rather than to the maximum coverage requirements of this Code. There are no maximum coverage requirements of this Code. There are no maximum lot coverage requirements for Business Districts in Table 1110D.
[c] 18 feet in RS-70 and RT-70, 12 feet in RS-50 and RT-50, 6 feet in all other RS, RT, and RA Districts.
[d] 18 feet in RS-70 and RT-70, and 6 feet in all other RS, RT, and RA Districts.
Table 1110H: Approval Criteria for TND Plans
1. Efficient Use of Land
An economical use of land is achieved without undue crowding.
2. Pedestrian-Friendly Environment
The arrangement of buildings, streets, blocks, and land uses serves to facilitate and encourage local trips by foot or bicycle.
3. Orientation to Public Streets
A proximity of land uses, buildings, and doors and windows to-and their orientation toward rather than away from-public streets serves to encourage more secure, better frequented, and livelier public areas.
4. Vehicular Areas Subordinated
The size and visibility of vehicular areas, as defined herein, from public streets, serves to encourage more secure, better frequented, and livelier areas.
5. Neighborhood Focal Points
Open spaces and convenience or neighborhood commercial areas can serve as focal points and gathering places for surrounding residential areas.
6. Clustering of Non-Single-Family Uses
Non-single-family residential land uses tend to be clustered at a limited number of centers of activity within the development.
7. Progression of Densities
Residential densities generally show a progressive reduction with increasing distance from centers of activity.
8. Continuity of Circulation
Street systems facilitate a continuity of circulation through all parts of a residential neighborhood.
9. Standards Altered Only to Achieve TND Character
Any provision of the Plan that specified either a lower standards or a higher standards than established elsewhere by this Code or that removes from or adds to Code requirements is necessary to achieve conformity with the other Approval Criteria herein.
(Ord. 148-1995. Passed 12-11-95; Ord. 119-1999. Passed 7-26-99.)
(a) Precedence of Overlays
Unless specifically provided otherwise in this Code, if the requirements of an overlay district conflict with the requirements of the underlying district or with any other provision of City regulations, the requirements of the overlay district shall govern.
(b) Zoning of Annexed Land
Except as may be provided by a preannexation agreement or by subsequent or simultaneous rezoning, any parcel of land hereafter annexed to the City shall upon annexation be classified in the AE District.
(c) Lot Areas Without Sewer
Notwithstanding any other provision of this chapter, minimum lot areas for lots not served by a public or community sewer system shall be as approved as safe for septic systems by the City Health Department based on soil and groundwater conditions.
(j) DAO District
Property classified in the DAO District shall conform to exterior architectural appearance standards adopted by City Council in conjunction with the adoption of an amendment classifying the property in this district.
(Ord. 119-1999. Passed 7-26-99; Ord. 73-2009. Passed 5-26-09.)
(a) Purpose
Residential Districts are intended to recognize, preserve, and protect the present character of Barberton's single- and two-family residential neighborhoods, to facilitate the development of new neighborhoods and infill housing, and to provide for a variety of housing types and densities to accommodate different age groups and lifestyles of City residents.
(c) District Regulations
Regulations for Residential Districts shall be as established in Tables 1110B, 1110C, and 1110E of this chapter and Tables 1130A and 1130B of Chapter 1130, Allowable Uses.
(ORd. 158-2003. Passed 12-15-03.)
(a) Purpose
Business districts are intended to:
1. provide appropriate environments for different kinds of businesses
2. protect less intensive land uses from any adverse effects from such businesses, and
3. maintain the City's jobs and tax base by protecting business areas from encroachment by residential or other incompatible uses.
Although these districts may allow residential uses, they are not intended to offer a residential environment protected from adverse effects of business activity.
(c) District Regulations
Regulations for Business Districts shall be as established in Tables 1110D and 1110E of this chapter and Tables 1130C, 1130D, 1130E, and 1130F of Chapter 1130, Allowable Uses.
(Ord. 148-1995. Passed 12-11-95; Ord. 119-1999. Passed 7-26-99.)
(a) Purpose
Special land use situations all for zoning classifications other than the traditional residential, commercial, office, and industrial districts.
This section establishes special purpose zoning districts to be used in addition to the districts established in Sections 1110.03 and 1110.04.
(c) District Regulations
Regulations for Other Districts shall be as follows:
(1) AE District: Table 1110B
Table 1110E
Table 1110F
Table 1130A
Table 1130B
(2) LC District: 1101.02(f)
Table 1130A
Table 1130B
(3) PO District: 1310.02(c)
Table 1310B
Section 1310.08
Table 1310J
(4) AO District: Chapter 1340.
(5) TNO District: Section 1110.06
(6) DAO District: 1110.02(j)
(Ord. 148-1995. Passed 12-11-95; Ord. 119-1999. Passed 7-26-99.)
(a) Regulations for TNO Districts
Properties classified in the TNO Traditional Neighborhood Overlay District shall be regulated by the regulations of the underlying zoning district(s), any other overlay district, and applicable provisions of other sections of this Code and by:
1. a Traditional Neighborhood Development (TND) Plan approved under 1110.06(c) that includes such properties, or
2. the requirements of division 1110.06(b), which are mandatory if there is no such Plan and optional if there is such a Plan.
(b) Regulations for Areas Without TND Plans
1. Pedestrian Retail Areas
Areas classified in any C District within the TNO Overlay District shall be subject to the requirements for pedestrian retail areas in 1110.02(h), except that:
A. provisions therein the applicability of which is restricted to the C-D District shall apply in any C District, and
B. provisions therein the applicability of which is restricted to Tuscarawas Avenue or Second Street N.W. shall apply along all streets within any C District.
2. Parking and Loading
A. Counting of Off-Street Spaces
Off-street parking required in the TNO Overlay District shall be the number of spaces required by Section 1210.04 less the number of on-street spaces counted as one space per 20 feet of street frontage abutting the lot along which parking is permitted.
B. Multi-User Parking
In lieu of all or any part of the number of off-street parking spaces required in a C or O District, there may be provided multi-user off-street parking areas of financial support therefor under 1210.04(c)(3).
C. Location of Parking Spaces
Location of off-street parking shall be as provided in 1210.06(c)(1).
D. Loading
Off-street loading required in the TNO Overlay District shall be as required in Section 1210.08 less any loading spaces provided adjacent to the lot in an alley.
Off-street loading shall not be located in any actual front or corner-side yard.
E. Maximum Number of Spaces
No non-single-family residential use shall provide parking or loading spaces in excess of the numbers required herein except as multi-user parking or as approved as a Variance under 1310.03(a).
3. Streets and Blocks
A. Street Standards
To provide for safe traffic movement and access by emergency vehicles, streets in the TNO District shall conform to the standards of Section 1240.02.
B. Standards Are Maximums
No street shall exceed dimensions specified in Section 1240.02 for the applicable functional street type.
C. Sidewalks
Sidewalks shall be provided conforming to the requirements of 1240.09(e).
D. Blocks
Maximum block length shall be 800 feet.
4. Open Space
A. Provisions
Public or common open space shall be dedicated to the City or a homeowners association totaling no less than 5 percent of the gross site area of the property.
B. Large Central Space
Open space provided shall include at least one open space one acre or greater in size. Such open space shall be located within 1,350 feet of all residential lots or building sites unless an existing public or common open space is already located within such distance.
5. Land Uses
Within the TNO Overlay District, any property or area may be simultaneously classified in multiple underlying Residential, Business, and/or Other Districts. A lot or building site so classified may at its owner's option be used under the regulations of any one of the underlying districts in which it has been classified, but no lot or building site shall be regulated by more than one such district.
6. Architectural Control
In those traditional neighborhood Development areas where it is determined to be in the public interest to replicate the architectural features of historic neighborhoods, property may be classified in the DAO Overlay District in addition to the TNO classification.
7. Other Regulations
Properties to which division (b) applies shall conform to the requirements of Table 1110G.
(c) Regulations for Areas with TND Plans
1. TND Plans
A. Eligibility
A Traditional Neighborhood Development (TND) Plan may be prepared for any area that:
1. Consists of no less than 10 acres of land, and
2. Has no less than 60 percent of its area classified in the AE District and/or any Residential District(s).
B. Timing of Plan Preparation
Such a Plan may be prepared prior to, and have no immediate connection with, a filling for a development Approval under this Code.
C. Property Owner of City May Prepare Plan
The TND Plan may be prepared by:
1. The party or parties owning or otherwise controlling the property, or
2. The City.
D. Contents of Plan
The TND Plan shall consist of all drawings and data normally required to demonstrate compliance with the provisions of this Code such as land uses, lot dimensions, street standards, parking provision, and the like except as provided in division (c)1G.
The TND Plan may incorporate by reference any provision of this Code.
The provisions of a TND Plan prepared by the City shall not exceed the authority of the City to regulate development under the enabling legislation specified in 1100.01(b).
E. Approval of TND Plan
To be valid under these provisions, the TND Plan must be approved by the City Planning Commission and City Council under provisions for approval of Preliminary Site Plans for Planned Unit Developments in Chapter 1320, except that no recording shall be required.
No TND Plan shall be approved unless City Council makes a Finding of Fact that the Plan conforms to the Approval Criteria of Table 1110H.
F. Departures from Code Requirements
Other than as provided in Table 1110G, every provision of the TND Plan that is less restrictive or establishes a lower standard than the otherwise applicable provision of the Code shall be accompanied by a full narrative explanation of:
1. The way in which such particular provision supports one or more of the Approval Criteria of Table 1110H, and
2. The reasons significant adverse effects on land use, transportation, and public facilities are unlikely to result therefrom.
This narrative shall be considered a part of the Plan.
G. Code Otherwise Applicable
The TND Plan may omit any development detail regulated by this Code or required to be shown on a plat or Site Plan. In such case, any item for which there is a provision on this Code but no specific provision in the Plan shall be subject in that particular to Table 1110G and the otherwise applicable requirements of this Code.
Where a Plan provision for one item conflicts with an applicable Code provision for another item not specified in the Plan, a petitioner may request relief from either provision as a Variance under 1310.03(a).
H. Amendment for TND Plan
An adopted TND Plan may be amended as provided in 1320.02(h), except that no recording of the amended Plan shall be required.
2. Effect of TND Plan
A. Submissions for Development Approvals
A preliminary plat, site plan, or preliminary site plan for a planned unit development may be filed for any property or portion thereof for, which there is an adopted TND Plan.
The petitioner may request approval of such submission under either:
1. The provision of the TND Plan and 1110.06(c)1G, or
2. The requirements of:
a. division 1110.06(b), and
b. the applicable underlying zoning district(s), and all other applicable provisions of this Code.
B. Approval of Plan-Complying Submission
If the petitioner has requested approval under the TND Plan, the Building Commission shall determine whether such submission is in full compliance with the Plan and with any, there is no specific provision in the Plan.
If he or she determines the submission is in complete compliance, he or she shall approve the submission. No public hearing or approval by any review body shall be required for such approval unless there is a departure of the submission from the TND Plan or applicable code provision.
C. Approval of Non-Complying Submission
Any non-compliance with such Plan or provision of a filing submitted for approval under the TND Plan may be approved only under normal provisions for Variance, Special Exceptions, Planned Unit Developments, or other applicable Development Approvals under Chapter 1310.
(Ord. 119-1999. Passed 7-26-99.)
Notes for Table 1110F
x : Multiplied by
- : Less (subtraction)
/ : Divided by
[a] The 0.8 figure is based on an assumed typical 20 percent of land in streets in a conventional development without Density Transfer.
[b] The 0.9 figure is based on an assumed typical 10 percent of land in streets in a conventional development without Density Transfer.
[c] 1. The zoning district applying to all property abutting the LC District shall be used to determine MLA, FAR, and MLW. If more than one district abuts the LC District, the district abutting the largest part of the border of the LC District shall be used.
2. GSAP, NSAP, GSAD, and NSAD shall apply only to the portion of the parcel located in the district used in the computations in [c]1, above. Density in the remainder of the property shall be computed in the normal manner specified by district regulations.
[d] Shall not be less than provided in 1110.02(f)(3).
B: Landowner initiative bonus, expressed in decimal.
DU: Number of dwelling units allowed after Density Transfer.
FA: Floor area in square feet allowed after Density Transfer.
FAB: Floor area in square feet allowed after Density Transfer and landowner initiative bonus.
FAR: Maximum Floor Area Ratio allowed by the zoning district specified in note [c].
GSAD: Gross site area in square feet of developable land located outside of the LC District.
GSAP: Gross site area in square feet of the entire parcel.
LCA: Land area in square feet in the LC District.
MLA: Minimum lot area per dwelling unit in square feet required by the zoning district specified in note [c].
MLW: Minimum lot width in feet required by the zoning district specified in note [c].
NSAD: Net site area in square feet (excluding streets) of the developable land located outside the LC District.
NSAP: Net site area in square feet (excluding streets) of the entire parcel.
PLC: Percentage (in decimal) of land area zoned LC that was so zoned by landowner petition.
PSA: Percentage (in decimal) of land devoted to streets.
RLA: Reduced lot area per dwelling unit in square feet required after Density Transfer.
RLAB: Reduced lot area per dwelling unit in square feet required after Density Transfer and landowner initiative bonus.
RLW: Reduced lot width in feet required after Density Transfer.
RLWB: Reduced lot width in feet required after Density Transfer and landowner initiative bonus.
(1) Zoning Districts
To achieve the purposes of this Code, the City of Barberton is hereby divided and classified into the districts established in this chapter.
(2) Zoning District Map
The district classification of all land in the City shall be shown on the map designated as the City Zoning District Map, dated and signed by the Clerk of Council upon adoption.
The Zoning District Map and all amendments thereto shall be as much a part of this Code as if fully described herein and shall be filed as part thereof by the Clerk of Council. The Map shall be available for public inspection in the Building Depart-ment. Any amendments to this Map shall be similarly dated, filed, and made available for public reference.
(3) Multiple Classifications Prohibited
Except in the TNO District, no land shall at any time be classified in more than one zoning district, except that land may be classified in any one or more districts designated as overlay districts herein and in a district not designated as an overlay district.
(1) Interpretation
District boundary lines on the Zoning District Map shall, unless clearly indicated otherwise, be interpreted to be on the boundary lines of the City or on the following lines or the extension of them:
A. the center lines of streets or alleys, railroads, easements, rivers, and other water bodies, or
B. interior side or rear lot lines.
District boundary lines approximately following such lines shall be interpreted as located on those lines. Distances not specifically indicated on the Map shall be established using the scale of the Map.
Interpretations of the Zoning District Map not determinable by the rules in this division shall be as provided in division 1310.04(b).
(2) Zoning Boundary Dividing a Lot
Where a district boundary divides a lot in single ownership, the district governing any portion of the lot may, at the owner's discretion, extend to the entire lot if such extension is not at any point more than 25 feet beyond the boundary on the Map.
(Ord. 119-1999. Passed 7-26-99.)
(1) Permitted Uses
Principal Uses other than dwellings that are allowed as Permitted or Conditional Uses in any Residential District shall conform to the dimensional requirements established for single-family detached dwellings in Tables 1110B, 1110C, and 1110E.
(2) Conditional Uses
The Planning Commission may require reasonable standards exceeding the requirements of Tables 1110B, 1110C, and 1110E for any such use allowed as a Conditional Use if it finds such higher standards necessary to ensure com-patibility of the use with the surrounding residential environment.
(1) Purpose
This division is intended to allow flexibility in the planning of residential subdivisions; to facilitate the preservation on private home lots of mature trees, rock outcroppings; and other natural amenities, and to aid in the development of odd-shaped tracts.
(2) Lot Area and Width Reductions
Individual single- and two-family lots may have lot areas per dwelling unit and lot widths smaller than the minimum requirements provided in Tables 1110B and 1110C subject to the restrictions of division (e)(3).
(3) Restrictions
A. Average Area & Width
The mean average lot area per dwel-ling unit and lot width of all single- and two-family residential lots in a development or any phase thereof shall be no less than the minimum Table figures.
B. Minimum Lot Area
No lot area per dwelling unit shall be less than 70 percent of the minimum Table figure. Nor shall it be less than provided in division (f)(3).
C. Minimum Lot Width
No lot width shall be less than 85 percent of the minimum Table figure. Nor shall it be less than provided in division (f)(3).
D. Lot Width Transition
If a lot has a lot width below the minimum required, its width shall not be more than 2 feet below the lesser of:
1. the width of any lot that it abuts, or that it is separated only by an alley from, that has a front lot line on the same street, or
2. the applicable required minimum lot width.
(1) Purpose
To both protect property rights and encourage the preservation of open space and environmentally sensitive areas, it is desirable to minimize the loss of value and utility occasioned by either a regulatory requirement to preserve open land on private property or by voluntary action to do so.
This division therefore allows a portion of a parcel that is classified in the LC Land Conservation District to attribute its development rights to the balance of the same parcel.
This will allow total quantitative development rights for number of dwelling units or amount of floor area to remain the same as they would be without the LC restrictions.
(2) Modification of Dimensional Requirements
A. Lot Area and Width
Land and water area located in the LC District may be counted together with land zoned in other districts on the same property for purposes of computing number of dwelling units or amount of floor area allowed on such other land.
Lot or building site areas and widths may be smaller than otherwise required in the applicable zoning district as provided in Table 1110F as modified by ther minimums specified in division (f)(3).
B. Building Height
The Planning Director shall approve the smallest exception to maximum building height allowed herein that he or she determines necessary for the exercise of the rights created by Density Transfer.
Maximum building height approved hereunder within 100 feet of a prop-erty in a district other than the LC District shall not exceed the maximum building height allowed by that district except where the district boundary is along an arterial street or freeway.
(3) Minimum Lot Dimensions
Notwithstanding other provisions herein, no lot dimensions shall be less than as follows.
Lot area in square feet: | |
RA Districts, for single-family attached dwellings: | 1,600 |
R Districts: all other cases: | 4,500 |
Lot width in feet: | |
RA Districts, for single-family attached dwellings: | 16 |
R Districts: all other cases: | 40 |
(5) Landowner-Initiated LC Zoning
A. Voluntary Use of District
A developer wishing to develop a cluster subdivision or to otherwise voluntarily devote land to permanent public or common open space and transfer its density allowance to the balance of a parcel, may request classification of part of such parcel in the LC District.
The Planning Commission, Planning Director, or Park and Recreation Commission may recommend but not require that a property owner petition for such classification for land designated as open space in the Comprehensive Plan, Official Map, or Park System Plan adopted by the Park and Recreation Commission.
B. Bonus Intensity
Property not classifiable in the LC District on the basis of an environmental characteristic under division
(f)(4)B but voluntarily proposed for LC zoning by the property owner shall receive a bonus in the intensity of development permitted thereupon as provided in Table 1110F.
C. Rezoning Criteria
For land having no environmental feature requiring preservation, the Planning Commission and City Council shall, in deciding whether to classify it in the LC District, take into account:
1. the interest of the Park and Recreation Commission or other public body in acquiring the property
2. the adequacy of any homeowners association or other arrangement for preserving perpetually as open space, and providing for the maintenance of, any land that is not to be dedidedicated to the public
3. the provision of adequate open space buffers bordering areas developed in, or if undeveloped, zoned for, a lower-density residential use than the land on the parcel that is not to be zoned LC.
(6) Non-LC Open Spaces
No Density Transfer hereunder shall be allowed from land required to be provided as a yard, lawn, landscaped area, stormwater detention or retention area, or other open space under any other regulation other than the provisions of the LC District.
Please Note: To view the Density Transfer Graphic, see page 1110-4 of the printed version of the Barberton Development Code
(1) Interior Lots
The minimum depth of the front yard on an interior lot shall be equal to the depth of the actual street yards on the abutting lots that front on the same street, if the depths of such yards are the same.
If the depths of such abutting yards are differ-ent, the minimum depth of the front yard on the subject lot shall be their mean average.
(2) Corner Lots
On a corner lot, the minimum depth of the front yard shall be equal to the depth of the actual front yard or width of the actual corner side yard on the abutting lot that abuts the front yard of the subject lot.
The minimum width of the corner side yard on a corner lot shall be equal to the depth of the actual front yard or width of the actual corner side yard on the abutting lot that abuts the corner side yard of the subject lot.
(3) Vacant Abutting Lot
If there is no principal structure on an abutting lot or lots under divisions (1) and (2), there shall be substituted for the abutting lot the nearest lot on the same side of the subject lot within the same block face that accommodates a principal structure.
(1) Purpose:
The provisions of this division are intended to accomplish the purposes specified below.
A. To further public safety by mini-mizing pedestrian-vehicular conflicts in the traditional Downtown business area, which depends on pedestrian access
B. To preserve the suitability for comfortable pedestrian shopping of Downtown Barberton
C. To encourage the most efficient provision of new off-street parking for patrons and employees in a way consistent with the present character of the traditional Downtown.
(2) Use Regulations
A. Sidewalk Level Uses
1. Applicability
The regulations of this division (h)(2) shall apply to locations in buildings or on lots that:
a. are in the C-D Downtown Commercial District, and
b. if within a building, are on the first floor or sidewalk level, and
c. are within 40 feet of the street line along Tuscarawas Avenue or Second Street N.W.
For buildings in which the floors closest to sidewalk level are either elevated above or depressed below such level, the applicant shall designate on his or her plans one of such floors to which these regulations shall apply.
2. Prohibited Uses
In locations specified in division (h)(2)A, the following uses shall be prohibited:
a. Building-enclosed uses that are not oriented--in their use of signage, windows, building entrances, and the like--principally toward either Tuscarawas Avenue or Second Street N.W.
b. Building-enclosed uses that do not have a public pedestrian entrance at the sidewalk level or, if approved by the Planning Director, at a level above or below the sidewalk level, on either Second Street N.W. or Tuscarawas Avenue
c. Drive-through establishments, as defined herein
d. Open sales lots, as defined herein, except for street vending areas as permitted in division (3)B1
e. Service stations and filling stations
f. Car washes
g. Vehicular areas, as defined herein, other than driveways, which shall be a Conditional Use.
(3) Street Yards
A. Setbacks Prohibited
In the C-D District, building setbacks from the street line are not permitted abutting Tuscarawas Avenue or Second Street N.W.
B. Exceptions
1. Sidewalk Cafes and Street Vending Areas
a. Setback Allowed
Because sidewalk cafes and street vending contribute to the character of a pedestrian-oriented retail area, a building may be set back from the street line the minimum distance necessary in the judgment of the
Planning Director to allow the installation of a permanent outdoor sidewalk cafe or off-street area devoted to street vending carts or stands proposed by the applicant.
Such cafe or area shall itself not be set back from the street line.
b. Discontinuation
The sidewalk cafe or street vending area qualifying for the exception shall not be discontinued for more than 90 days other than for normal seasonal closures, closures in emergency situations, or repair or maintenance unless:
1. the operator thereof provides evidence to the Building Commissioner of intent to replace it within 180 days of such discontinuance with another facility of either type, or
2. its discontinuation is approved by the Board of Zoning and Building Appeals on the basis that continuation would impose undue hardship upon the operator or that because of changed conditions the cafe or street vending area no longer provides a significant public benefit.
2. Portions of Facades
Portions of the facade of a building, or of a storefront or other ground-level division thereof, that do not exceed 50 percent of the frontage thereof, such as building entrances or display windows, may be set back a maximum of 5 feet from the street line.
Portions of such additional setback that are not landscaped shall be surfaced with non-asphaltic hardsurfaced paving material.
3. Upper Stories
The requirements of division (3)A shall not apply to building stories or portions thereof above a building height of 12 feet.
(4) Required Frontage Window Area
A. Minimum Window Area
No less than 60 percent of the area between building height levels of 2.5 feet and 7.5 feet on each ground floor building facade that faces Tuscarawas Avenue or Second Street N.W. shall be in windows and/or doors that are transparent when viewed from the street.
No such window or door shall be horizontally separated by more than 15 feet from the nearest other such window or door in the same facade.
B. Coverage of Windows
Ground floor windows and transparent doors along Tuscarawas Avenue and Second Street N.W. in existing and newly constructed buildings shall not be covered by signs or opaque window screening--such as dra-peries, shades, or blinds--that obscures from view of the public street more than 50 percent of the cumulative win-dow and transparent door area in the facade between the height levels specified in division (4)A.
C. Exceptions
Entertainment uses, as defined herein, shall be exempt from the requirements of this division (h)(4).
The Planning Director may approve an exception to the requirements of this division (h)(4) for uses that provide for public pedestrian movement that bypasses Tuscarawas Avenue or Second Street N.W. if he or she determines such movement would not adversely effect the Downtown business district.
Please Note: To view the Required Frontage Window Area Graphic, see page 1110-7 of the printed version of the Barberton Development Code
(1) Purpose
One of the obstacles to a desirable transition from one land use to another is the time and expense that can be associated with a petition for rezoning and the uncertainty of the outcome. This is especially the case in a fully developed city like Barberton, where land use changes can affect nearby properties to an greater degree than elsewhere. And when properties are rezoned in advance of need, existing uses are made nonconforming, a status that can discourage investment in maintenance and property improvement.
From time to time the City may desire nonetheless in selected areas to give special encouragement to land use transition and its attendant investment, development, and job creation, especially for larger-scale developments.
Transition Overlay Districts (TOD's) are intended to provide a way for the City to reduce the uncertainties associated with future land use changes without creating Nonconformities. TOD's are designed to facilitate and encourage particular land use transitions in selected areas by in effect rezoning in advance for a successor land use.
TOD's allow the City to grant additional as-of-right development rights to a property in advance of need, enhancing the development potential of particular sites in a way that avoids the uncertainties attendant to future decisions on rezoning and avoids the creation of Nonconformities.
(2) Establishment of TOD's
Any non-overlay zoning district established in this chapter may be established on a parcel as a Transition Overlay District (TOD). No more than one TOD shall be established on any parcel.
Such designation may be shown on the Zoning District Map as the name of the district (for example, O-2) followed by the letter "T" (for example, "O-2 T"). Such overlay district shall be interpreted as supplementing and not replacing the underlying zoning of the property. Procedures for establishment of a TOD on a property shall be as provided for Amendments in Section 1310.02.
Subject to the requirements of these regulations, a Transition Overlay District confers the right to develop or use a property under the regulations of the TOD in lieu of under
the regulations of the underlying district on an as of right basis without the need for further amendment of the Zoning District Map.
The separate rights conferred by the TOD and by the underlying district are exclusive and not cumulative. The Certificate of Compliance shall be based on conformity with either the provisions of the underlying district or those of the Transition Overlay District.
Non-compliance with the requirements of a TOD before it is used in lieu of the underlying district shall not be considered a violation or a Nonconformity.
(3) Change in Underlying District
When a particular zoning classification is established hereunder as an overlay on a property, such overlay is intended to be the sole means of adding the rights attendant to such classification to those already enjoyed by that property.
No application shall therefore be accepted under Section 1310.02, Amendments, to change the underlying zoning classification to the same classification currently established as the TOD. This restriction shall not be interpreted to prevent an application for a change in the underlying zoning to any other classification.
(4) Termination of Underlying Zoning
At the time of issuance of a Certificate of Occupancy for a lot conforming to the regulations of a TOD, the underlying zoning classification shall automatically cease.
The Building Commissioner shall remove such classification from the Zoning District Map at the next updating thereof and record the TOD as the new underlying zoning classification of the property.
(5) Conditions for Use of TOD
No Certificate of Compliance shall be issued under provisions of a Transition Overlay District for any property unless the conditions specified in this division have been complied with.
A. Parcel Size
The parcel utilizing the TOD classification shall have dimensions not less than the following:
Area: 1.5 acres
Frontage: 250 feet
B. Frontage Landscaping
Notwithstanding any contrary provision of Table 1220B, all Frontage Buffers required under such Table shall be of at least Medium intensity, as defined in Table 1220C.
C. Design Review
To forestall land use conflicts in an area in land use transition and to further neighborhood compatibility in the absence of the normal rezoning hearing at the time development plans are prepared, the Planning Commission shall have determined that the specific use proposed under the TOD is visually compatible in its publicly visible appearance, as defined herein, with surrounding properties and adjacent public ways.
Such compatibility shall be determined based on item 2B of Table 1310J.
Filing requirements shall be as specified for Certificates of Appropriateness in Tables 1320B and 1320C. The approval procedures for such review shall be as specified in Chapter 1320 for such Certificates except that:
1. action shall be taken solely by the Planning Commission in lieu of by the Design Review Board, and
2. no public hearing shall be required, and
3. division 1320.02(g)(4), Negotiation Period, shall not apply.
(Ord. 148-1995. Passed 12-11-95.)
(1) Single-Family Detached Residential Districts
A. RS-32 High-Density Single-Family Residential District
This district is intended to provide for developments of manufactured or site-built detached dwellings that offer affordable higher-density housing not exceeding approximately 12 units per acre. Land in this District may be developed with Zero Lot Lines under 1250.03.
B. RS-40 High-Density Single-Family Residential District
This district is intended to provide for an exclusive single-family detached residential environment characterized by lots of the size most common in the City and densities not exceeding approximately 10 dwelling units per acre.
C. RS-50 Medium-Density Single-Family Residential District
This district is intended to provide for an exclusive single-family detached residential environment characterized by densities not exceeding approximately 6 units per acre.
D. RS-70 Medium-Density Single-Family Residential District
This district is intended to provide for an exclusive single-family detached residential environment characterized by densities not exceeding approximately 4 1/2 units per acre.
E. RS-85 Low-Density Single- Family Residential District
This district is intended to provide for an exclusive single-family detached residential environment characterized by densities not exceeding approximately 2 units per acre.
F. RS-100 Low-Density Single- Family Residential District
This district is intended to provide for an exclusive single-family detached residential environment characterized by very large lots and densities not exceeding approximately 1 1/2 dwelling units per acre.
(2) Single-Family Attached Residential Districts
A. RA-16 High-Density Single-Family Attached Residential District
This district is intended to:
1. provide a single-family housing choice for those who prefer a small house and lot; and
2. to facilitate transition between attached and multi-family housing by allowing attached dwellings and townhouses at densities of approximately 25 dwelling units per acre.
B. RA-25 Low-Density Single- Family Attached Residential District
This district is intended to:
1. provide a single-family housing choice for those who prefer a small house and lot; and
2. to facilitate transition between detached and attached housing by limit-ing attached dwellings and townhouses to densities of approximately 15 dwelling units per acre.
(3) Two-Family Residential Districts
A. RT-40 High-Density Two-Family Residential District
This district is intended to provide for a two-family detached residential environment characterized by lots of the size most common in the City and densities not exceeding approximately 20 dwelling units per acre.
B. RT-50 Medium-Density Two-Family Residential District
This district is intended to provide for a two-family detached residential environment characterized by densities not exceeding approximately 12 dwelling units per acre.
C. RT-70 Low-Density Two-Family Residential District
This district is intended to provide for a two-family detached residential environment characterized by densities not exceeding approximately 9 dwelling units per acre.
(4) Multi-Family Residential Districts
A. RM-18 Low-Density Multi-Family Residential District
This district is intended to facilitate transition between single-family and multi-family housing by limiting mul-tifamily densities to the equivalent of approximately 18 two-bedroom dwel-ling units per acre, a density compa-rable to the highest density allowed in RA or RT Districts.
B. RM-30 Medium-Density Multi-Family Residential District
This district is intended to provide locations for apartment development at densities not exceeding the equivalent of approximately 30 two-bedroom dwelling units per acre.
C. RM-50 High Density Multi-Family Residential District
This district is intended to provide locations for apartment development at densities not exceeding the equiva-lent of approximately 50 two-bedroom dwelling units per acre.
(1) Office Districts
A. O-1 Neighborhood Office District
This district is intended to provide locations in the City's neighborhoods for smaller office buildings on smaller sites housing low traffic-generating uses. It is intended for:
1. locations that can serve as a transition or buffer area between residential and more intensive retail, office, or industrial uses
2. major street frontage locations not suited for retail
3. other higher-value locations not compatible with high-traffic retail development or with industrial use, and
4. locations that are otherwise not suited for residential or for more in-intensive business development.
B. O-2 Office Center District
This district is intended to provide locations for larger office buildings or complexes of buildings that attract considerable traffic from employees and visitors from a broad area.
(2) Commercial Districts
A. C-1 Convenience Commercial District
This district is intended to provide very close-to-home locations for small areas accommodating the most frequently patronized consumer retail and service establishments that provide convenience goods and services. It is intended for businesses that will draw mainly from the immediately surrounding neighborhood but not from a broad area.
B. C-2 Neighborhood Commercial District
This district is intended to provide moderately close-to-home locations for frequently patronized consumer retail and service establishments that provide convenience goods and services and a limited selection of comparison goods. It is intended for businesses that draw patrons mainly from nearby neighborhoods but not from a broader area.
C. C-3 Community Center Commercial District
This district is intended to provide locations for a broad selection of comparison shoppers goods and services in centralized and highly accessible locations that serve entire sections of the City and, in some cases, communities outside the City.
D. C-4 Highway Commercial District
This district is intended to provide locations along the City's arterial streets for usually less frequently patronized establishments providing goods and services to businesses and consumers that either do not require or are not suited for prime locations in concentrated consumer retail centers.
It is also intended to encourage most consumer-oriented retail and service businesses to locate in concentrated convenience, neighborhood, or community center areas or Downtown rather than to scatter along highway corridors. The District is therefore not cumulative with any other C District.
E. C-D Downtown Commercial District
This district is intended to provide an area for high-intensity pedestrian-oriented shopping and services in the older portions of Downtown Barberton.
(3) Industrial Districts
A. I-1 Light Industrial District
This district is intended to provide locations for low-nuisance industrial uses. It is intended for areas where such uses presently predominate or where heavier industrial uses would be objectionable because of proximity to residential or other more restricted uses.
B. I-2 Medium Industrial District
This district is intended to provide locations for industrial uses that typically produce greater adverse environmental effects than uses allowed in I-1 but lesser effects than uses allowed only in I-3. It is intended for locations where such uses presently exist or where there is or will be sufficient separation or buffering from residential or other more restricted uses.
C. I-3 Heavy Industrial District
This district is intended to provide locations for higher-nuisance and high-hazard industrial uses, that, despite objectionable environmental effects, are an important part of the economy of the City of Barberton. It is intended for areas where such uses are already established or where they would be buffered or separated from more restricted uses.
D. I.U. Special Industrial District
This district is intended to provide for selected small light industrial businesses that can be accommodated on small lots that do not abut Residential Districts.
(1) Underlying Districts
A. AE Agriculture and Estate District
This district is intended for outlying locations the City annexes that are inappropriate for, or not yet ready for, urban development or that lack public sewer and water. It is intended to provide an environment for farming and for rural residential living.
B. LC Land Conservation District
This district is intended to protect development from environmental hazards such as flood plains or poor soils, to preserve environmentally valuable areas from impairment by urban activities, to encourage provision of open space, and to accomplish all of the foregoing in a way that minimizes adverse impact on private property rights.
(2) Overlay Districts
A. PO Preservation Overlay District
This district is intended for the purpose of requiring design review in areas and on properties that have special historic, architectural, cultural, or related significance that merits protection from changes that would seriously impair that significance.
B. AO Amortization Overlay District
This district is intended to promote the more rapid upgrading of selected older areas of town to the higher development standards established by this Code where upgrading is warranted by the visibility of an area, by its importance in influencing public perceptions of the City, or by the desire of property owners in the area for such upgrading.
The AO District is intended to be mapped where Nonconformities constitute a nuisance or as otherwise allowable under state law.
Nonconforming properties in the AO District are required to remove Nonconformities within a period of time as specified in Chapter 1340.
C. TNO Traditional Neighborhood Overlay District
This district is intended to foster the development of Traditional Neighborhood Development in either existing or newly developing areas of Barberton in order to:
1. Offer an alternative living environment for newly developing areas of Barberton and Summit County.
2. Encourage well-defined neighborhoods with concentrated centers of activity in each.
3. Promote the more efficient use of land and the provision of common neighborhood open spaces made possible thereby.
4. Encourage energy conservation, the reduction of air pollution, and social interaction by allowing short neighborhood trips to be more easily made by walking or bicycling.
D. DAO Derivative Architecture Overlay District
The district is intended for use where the public welfare requires the creation of a uniform faux-historic aesthetic that is unlikely to be achieved by reliance on prevailing contemporary architectural practice, building technology, or consumer preferences. The mapping of the district is not intended to be contingent on the existence in the surrounding area of authentic historic buildings exhibiting the appearance mandated.