(A) Intent. To provide areas in which a mixture of residential uses and small-scale office and professional service establishments may occur. It is intended that this district be used to act as a transition between established residential neighborhoods and nonresidential uses. It is also intended that the physical appearance of such areas including all buildings and structures within such areas be residential in nature and design, and the conduct of permitted uses not create or generate traffic or noise detrimental to adjoining neighborhoods.
(B) Permitted principal uses.
(1) One-family dwellings.
(2) Two-family dwellings.
(3) Home occupations operated in accordance with the provisions of this district in addition to §
158.133, Home Occupations.
(4) Services provided by a practitioner or practitioners of a specific profession, occupation, vocation or calling in which a professed knowledge of some department of science or learning, not purely commercial, mechanical or agricultural, is used in its practical application to the affairs of others, either by advising or by guiding them in serving their interests or welfare. Such professional services include services provided by medical doctors, massage therapists, physical therapists, dentists, engineers, surveyors, city planners, lawyers, real estate brokers, insurance agents, architects, accountants, landscape architects, optometrists, chiropractors, and similar recognized professionals.
(5) Nonresidential uses whose principal business is the sale of goods and not the provision of services are not permitted within this district. The sale of goods is permitted so long as such activity is incidental and subordinate to the principal service activity.
(C) Accessory uses. Uses, buildings, structures and appurtenances customarily permitted in the residential districts.
(D)
Conditional uses. The following uses are allowed, provided conditional use approval is granted by the Planning Commission as provided in § 158.171(C) of this chapter. (1) Those conditional uses permitted in R-1 districts.
(2) Nursery school/day care centers, including adult day care, in accordance with §
158.127.
(3) Public owned or leased buildings, public utility buildings, telephone exchanges, transformer stations and sub-stations.
(4) Private academic schools and institutions of higher learning.
(5) Places of religious assembly or convents in conjunction with places of religious assembly.
(6) Those accessory buildings and accessory uses customarily incidental to the conditionally permitted uses in these districts, if the conditional use has been approved.
(E) Lot size and width. The minimum lot size shall be 16,000 square feet. The minimum lot width for this district shall be 100 feet.
(F) Yard requirements. The following minimum yard areas shall be provided:
(1)
Front yards. A minimum front yard of 40 feet shall be provided except on major roads where the front yard shall be a minimum of 70 feet. Such yard shall be measured from the existing public right-of-way or any proposed right-of-way, and shall apply to buildings and structures but not parking areas. All parking areas shall be located and landscaped as specified in § 158.135, Landscaping, Screening and Buffering. Where there is no officially established public right-of-way, all buildings and structures shall be set back at least 95 feet from the centerline of the roadway. If all the necessary right-of-way needed for future roadway improvements has been acquired, per the approval of the City Engineer, the minimum front yard setback shall be 40 feet. Major roads shall be all roads considered arterials, major arterials and principal arterials (See definition of THOROUGHFARE PLAN in § 158.003). (2)
Side yards. A minimum side yard of ten feet for any one side yard, totaling no less than 25 feet for both side yards, shall be provided. Such yard shall apply to buildings and structures but not parking areas. All parking areas shall be located and landscaped as specified in § 158.135, Landscaping, Screening and Buffering. (3)
Rear yards. A minimum rear yard of 40 feet shall be provided. Such yard shall apply to buildings and structures but not parking areas. All parking areas shall be located and landscaped as specified in § 158.135, Landscaping, Screening and Buffering. In the case of a corner lot, the rear yard is the area between the rear property line and the rear setback line which is an imaginary line on an arc 40 feet from a point most distant from the front lot lines at which the two side lot lines intersect. (4)
Side and rear yard requirement for nonresidential uses abutting residential districts or uses. See § 158.135 Landscaping, Screening and Buffering. (G) Building height regulations. No structure shall exceed 35 feet in height.
(H) Required standards. No zoning certificate shall be issued for any use within the RO-1 District, until the applicant shall have demonstrated to the Planning and Zoning Department that:
(1) Any and all buildings used for nonresidential purposes shall front onto or have access from a collector or arterial street as such collector or arterial street is identified in the Beavercreek Thoroughfare Plan.
(2) No uses conducted in this district shall create a nuisance, including but not limited to, any nuisance resulting from noise, smoke, electrical interference, odor or glare.
(3) No alteration of any building or structure located in this district shall be made which results in changing the essential appearance thereof as a residential dwelling unit.
(4) Construction of a new structure, or an addition to an existing structure, shall have the appearance of a single-family residential dwelling and shall be designed to a residential scale and proportion through the use of construction materials and other design elements, as determined by the Planning and Zoning Department. The following examples, which are not intended to be an exhaustive list, illustrate architectural features which define a single-family residential dwelling for the purposes of construction within this district:
(a) Natural construction materials consistent with quality residential construction, such as brick and stone.
(b) Roof lines with vertical elements such as chimneys, dormers, and gables to reduce the visual mass of the roof.
(c) Windows with mullions, double-paned, and of residential quality.
(d) Six-paneled doors, preferably wood and not glass.
(e) Features such as porches, entryways, and residential-style landscaping.
(5) See §§
158.145 through
158.158 for size and location of permitted signs.
(6) Screening and buffering shall be provided as required in § 158.135, Landscaping, Screening and Buffering. (7) Parking shall be provided in accordance with §
158.114, Off-Street Parking Regulations. To the maximum extent possible, parking should be located to the rear of any building in this district and as far as possible from residential property lines. The parking area shall comprise no more than 40% of the area of the property.
(8) Lighting shall comply with §
158.136, Standards for Exterior Lighting, except that lighting shall not exceed eight feet in height to the top of fixture. Lights in the parking lot shall be reduced to no greater than 25% illumination level within one hour after closing.
(9) The hours of operation of any nonresidential use within this district shall be limited to 8:00 a.m. to 8:00 p.m. This restriction applies to any external activity such as client visitations and deliveries, but not to activity within the structure which creates no external effect detectable to normal senses off the property.
(I) Planned unit developments. All developments proposed in any RO-1 district which satisfy the requirements of §§ 158.060 through 158.084 of this code shall be developed in accordance with those planned unit development provisions. (J) Architectural review. In order to ensure that new non-residential construction or the alteration of the exterior of an existing structure meets the purpose and intent of this district and is residential in nature and design, the owner of any property which is zoned RO-1 Residential/Office District shall submit an application to the Planning Commission for architectural review of any new non-residential building to be constructed on such property or the alteration of the exterior of an existing structure on said property. This approval is required prior to issuance of any zoning permit for construction of new non-residential structures or the alteration of the exterior of an existing structure on the property.
(K) Land use intensity. The maximum land use intensity for non-residential uses shall be as follows:
(L) Trash receptacles. All trash receptacles located in any RO-1 district shall be located on the property so as to be accessible for trash collection by sanitation vehicles, and shall not be located within the public right-of-way, or alley.
(1) All trash receptacles shall be screened from public view, from public streets, public rights-of-way, and from abutting or adjacent properties.
(2) Screening on three sides of the trash receptacle shall consist of a solid, opaque enclosure constructed of brick, concrete, concrete block or other decorative masonry, and shall be consistent with the architectural character of the development or principal building or structure. The open end of the enclosure shall have a 100% solid opaque metal, vinyl, PVC, or wooden gate that includes stop pins to lock the gates open for servicing and which are not readily degradable due to sunlight, moisture, or wind, with self closing hinges. Said gates shall remain closed at all times, except while being serviced by the refuse company.
(3) All exterior sides of the enclosure, except the gate, shall be landscaped pursuant to §
158.135, Landscaping, Screening and Buffering.
(4) Trash receptacle enclosures shall not be located any closer to the road than the front of the principal structure.
(5) All trash receptacle enclosures shall be a minimum of six feet high, and large enough to enclose all trash receptacles used by the principal use of the property. At the option of the property owner, the overall square footage of the trash receptacle enclosure may be increased an additional 80 square feet to allow for outdoor storage of property.
(M)
Accessory structures. See § 158.104, Accessory Buildings, Structures, Appurtenances, and Carports within Residential and Commercial Districts. (N) Mechanical equipment.
(1) All mechanical equipment, such as HVAC systems and the like, shall be screened from public view, from public streets, public rights-of-way, and from abutting or adjacent properties.
(2) Screening on three sides of the mechanical equipment shall consist of a solid, opaque enclosure constructed of brick, concrete, concrete block, vinyl, PVC, or other decorative masonry, and shall be consistent with the architectural character of the development or principal building or structure. Landscaping material, such as shrubs or evergreen trees can be used in lieu of, or in combination with, the aforementioned materials, provided the design results in the required opaque enclosure.
(O) Additions. Additions to existing principal structures shall be architecturally compatible, in both scale and design, to the principal structure.
(Ord. 09-21, passed 7-27-09; Am. Ord. 10-12, passed 9-13-10; Am. Ord. 17-10, passed 7-24-17; Am. Ord. 23-19, passed 9-11-23)