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Beavercreek City Zoning Code

SPECIFIC DISTRICT

REGULATIONS

§ 158.030 A-1 AGRICULTURAL DISTRICT.

   (A)   Intent. To encourage and preserve agricultural uses as part of a balanced and diversified economy in the city, as well as to provide a district for properties within the city which are currently being used for agricultural purposes and/or which may be in a transitional stage with regard to development, due to the lack of urban facilities and services. It is also intended to provide a low density rural atmosphere which will accommodate the growing demand for residential development, while still protecting scenic and ecologically sensitive areas within the City of Beavercreek. Parcels which are zoned A-1, are less than five acres, and are classified as "Residential" under "class" by the Greene County Auditor's Office, shall be considered as a residential use.
   (B)   Maximum occupancy. No more than four unrelated persons shall be permitted to live in an individual dwelling unit.
   (C)   Permitted principal uses.
      (1)   Agricultural (Farm) Activities. See § 158.003.
      (2)   Home occupations. See § 158.133.
      (3)   One-family dwellings.
      (4)   Sale of farm products grown or raised on the premises.
      (5)   Nursery (no retail structure).
   (D)   Accessory uses.
      (1)   Any use customarily accessory or incidental to the permitted uses.
      (2)   Farm vacation enterprises.
      (3)   Private swimming pools. See § 158.121.
      (4)   Family cemetery on lots ten acres or greater, in compliance with R.C. § 4767.02.
      (5)   Sleeping rooms (the renting or leasing of rooms by a resident family, provided the number of roomers does not exceed two in any dwelling unit for a period of at least 30 days or more. For the renting or leasing of rooms by a resident family for less than 30 consecutive days, see Chapter 117: Short-Term Rentals.
      (6)   If a conditional use has been approved, those accessory buildings and accessory uses customarily incidental to the conditionally permitted uses in these districts.
   (E)   Conditional uses. The following uses are allowed in any A-1 Agricultural District provided conditional use approval is granted by the Planning Commission as provided in § 158.171(C) of this chapter:
      (1)   Airports or landing strips.
      (2)   Cemeteries.
      (3)   Extraction of soil, sand, gravel, stone or rock.
      (4)   Public or private recreation facilities such as parks, playgrounds, golf courses, boat docks, driving ranges, swimming pools and customary accessory buildings.
      (5)   Places of religious assembly.
      (6)   Nursery schools/day care centers in accordance with § 158.127.
      (7)   Wireless telecommunication facilities.
      (8)   Landscape contractors.
      (9)   Nursery (with a retail structure).
   (F)   Lot requirements. The minimum lot area shall not be less than five acres, with minimum lot width of 250 feet. See Appendix A: Schedule of Yard and Lot Requirements.
   (G)   Building height regulations. No structure shall exceed 35 feet in height.
   (H)   Accessory structures.
      (1)    Accessory structures located on parcels greater than five acres, or on parcels less than five acres that are classified as "Agricultural" under "class" by the Greene County Auditor's Office, shall be 50 feet from the front property line, 20 feet from any side property line, and 20 feet from the rear property line. Accessory structures larger than 900 square feet which are located on parcels greater than five acres that are classified as "Residential" under "class" by the Greene County Auditor's Office and abut residentially zoned properties, shall not be located closer than 50 feet to any residentially zoned property line.
      (2)   Accessory structures located on parcels less than five acres that are classified as "Residential" under "class" by the Greene County Auditor's Office shall be allowed in accordance with § 158.104.
   (I)   Parking. Parking shall be provided in accordance with § 158.114, Off-Street Parking Regulations.
   (J)   Signs. See §§ 158.145 through 158.158 for size and location of permitted signs.
   (K)   Trash receptacles. Any A-1 district, which has a non-conforming multi-family residential building in use, shall have all trash receptacles screened from public view, from public streets, public rights-of-way, and from abutting or adjacent properties.
      (1)   Said trash receptacle 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.
      (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.
(Ord. 09-21, passed 7-27-09; Am. Ord. 10-12, passed 9-13-10; Am. Ord. 14-17, passed 8-25-14; Am. Ord. 17-10, passed 7-24-17; Am. Ord. 18-25, passed 11-26-18; Am. Ord. 21-12, passed 7-12- 21; Am. Ord. 23-19, passed 9-11-23)

§ 158.031 R-1AA, R-1A, R-1B ONE-FAMILY RESIDENTIAL DISTRICT.

   (A)   Intent. To provide for an environment of predominantly low-density, one-family dwellings plus certain other facilities which serve the residents living in the district. These districts are the most restrictive of the residential districts. These districts shall have no more than one address associated with an individual lot. The use of suite addresses is also prohibited.
   (B)   Maximum occupancy. No more than four unrelated persons shall be permitted to live in an individual dwelling unit.
   (C)   Permitted principal uses.
      (1)   One-family dwellings, not including trailer or tent dwellings.
      (2)   Public community center buildings, parks, playgrounds.
   (D)   Accessory uses and accessory buildings.
      (1)   Private garages for storage of vehicles of residents.
      (2)   Home occupations. See § 158.133.
      (3)   Pools - private. Private swimming pools for use by residents and guests only. See § 158.121.
      (4)   Rooms- sleeping. The renting or leasing of rooms by a resident family, provided the number of roomers does not exceed two in any dwelling unit for a period of at least 30 days or more. For the renting or leasing of rooms by a resident family for less than 30 consecutive days, see Chapter 117: Short Term Rentals.
      (5)   Signs permitted as accessory uses. See §§ 158.145 - 158.158.
      (6)   Accessory buildings and carports - See § 158.104.
      (7)   If a conditional use has been approved, those accessory buildings and accessory uses customarily incidental to the conditionally permitted uses in these districts.
   (E)   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)   Recreation areas or buildings operated by recreation clubs or associations for the benefit of their members and guests and not for profit provided that:
         (a)   Any building shall not be located closer than 100 feet from any adjoining residential use.
         (b)   The property containing the recreation area or building must be located on and have at least 200 feet of frontage along an arterial roadway.
         (c)   The amount of property to be developed and utilized for recreation purposes must be a minimum of two acres in size.
         (d)   Any portion of the property that is adjacent to a residential district shall be screened by an eight-foot high solid wall, wooden fence, or combination of mounding and/or fencing or landscaping installed along the property line of the adjacent residential district or use.
         (e)   Exterior lighting shall be compliant with § 158.136, Standards for Exterior Lighting.
         (f)   No parking area shall be allowed within 50 feet of any adjacent residential district or use.
         (g)   No recreation structures, facilities, or equipment of any sort may be located within 100 feet of any adjoining residential district or use.
         (h)   No conditional use approval shall be granted until the Planning Commission has approved a site plan showing the exact location of all structures and facilities and the proposed development of the property.
         (i)   Community or club swimming pools are exempt from the requirements of this section and shall be governed by the requirements of § 158.121.
         (j)   The above requirements shall not apply to any recreation area or building owned, operated, or sponsored by the city.
      (2)   Publicly owned or leased buildings, public utility buildings, telecommunication exchanges, transformer stations and sub-stations.
      (3)   Private academic schools and institutions of higher learning.
      (4)   Convents and/or monasteries in conjunction with places of religious assembly or schools.
      (5)   Cemeteries, when extension of existing cemeteries.
      (6)   Places of religious assembly.
      (7)   Nursery schools/day care centers in accordance with § 158.127.
      (8)   Bed and Breakfast residences in accordance with § 158.132.
      (9)   Wireless telecommunication facilities, when the antennae are located inside another structure, such as a steeple used for a place of religious assembly, or have been designed to be camouflaged, and all support facilities are completely enclosed within a soundproof structure.
      (10)   Assisted living facilities, excluding skilled nursing facilities.
   (F)   Lot requirements.
      (1)   See Appendix A: Schedule of Yard and Lot Requirements.
      (2)   Where R-1B adjoins R-1AA or R-1A without intervening secondary or major thoroughfare, the adjoining lots shall be a minimum of 20,000 square feet.
   (G)   Building height regulations. No building shall exceed 35 feet in height.
   (H)   Parking. Two car spaces for each dwelling unit. Parking for other uses - See § 158.114.
   (I)   Signs. See §§ 158.145 through 158.158 for size and location of permitted signs.
   (J)   Trash receptacles. All trash receptacles, including dumpsters, totes and recycling bins shall be permanently stored immediately adjacent the principal or accessory structure, except in the course of normal trash pickup operations. Any R-1AA, R-1A or R-1B district, which has a non-conforming multi-family residential building in use, shall have all trash receptacles screened from public view, from public streets, public rights-of-way, and from abutting or adjacent properties.
      (1)   Said trash receptacle 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.
      (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.
   (K)   Land use intensity. The maximum land use intensity for conditional uses shall be as follows:
 
Maximum Coverage by All Buildings
Maximum Coverage by all Buildings and Impervious Surfaces
35%
75%
   
(Ord. 09-21, passed 7-27-09; Am. Ord. 10-12, passed 9-13-10; Am. Ord. 12-15, passed 8-13-12; Am. Ord. 14-17, passed 8-25-14; Am. Ord. 15-23, passed 8-24-15; Am. Ord. 17-10, passed 7-24- 17; Am. Ord. 18-25, passed 11-26-18; Am. Ord. 23-19, passed 9-11-23)

§ 158.032 R-2 TWO-FAMILY RESIDENTIAL DISTRICT.

   (A)   Intent. To allow for the construction of new two-family residences where slightly greater densities are permitted. This district also recognizes the existence of older residential areas of the city where larger houses have been or can be converted from single-family to two-family residences in order to extend the economic life of these structures and allow the owners to justify the expenditures for repairs and modernization.
   (B)   Maximum occupancy. No more than four unrelated persons shall be permitted to live in an individual dwelling unit.
   (C)   Permitted principal uses.
      (1)   Two-family dwellings.
      (2)   Those principal uses permitted in R-1 districts.
   (D)   Accessory uses and accessory buildings. Those accessory buildings and accessory uses customarily incidental to the permitted principal uses permitted in the R-1 district. If a conditional use has been approved, those accessory buildings and accessory uses customarily incidental to the conditionally permitted uses in these districts.
   (E)   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. Those conditional uses permitted in R-1 districts.
   (F)   Lot requirements.
      (1)   See Appendix A: Schedule of Yard and Lot Requirements.
      (2)   Where R-2 adjoins R-1AA or R-1A, without intervening secondary or major thoroughfare, the adjoining lots shall be a minimum of 20,000 square feet, or an intervening permanent 50-foot buffer shall be provided.
   (G)   Building height regulations. No building shall exceed 35 feet in height.
   (H)   Parking.
      (1)   Four parking spaces for each two-family dwelling.
      (2)   Two parking spaces for each one-family dwelling.
      (3)   All other uses. See § 158.114.
   (I)   Signs. See §§ 158.145 through 158.158 for size and location of permitted signs.
   (J)   Exterior lighting. See § 158.136, Standards for Exterior Lighting.
   (K)   Trash receptacles. All trash receptacles located in any R-2 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.
   (L)   Land use intensity. The maximum land use intensity for conditional uses shall be as follows:
 
Maximum Coverage by All Buildings
Maximum Coverage by all Buildings and Impervious Surfaces
35%
75%
   
(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. 18-25, passed 11-26-18; Am. Ord. 23-19, passed 9-11-23)

§ 158.033 R-3, R-4 MULTI-FAMILY RESIDENTIAL DISTRICT.

   (A)   Intent. To provide for medium and/or higher density residential areas and related uses.
   (B)   Permitted principal uses.
      (1)   One-family dwellings (in R-3 only).
      (2)   Two-family dwellings.
      (3)   Multiple-family dwellings. See number of family units in Appendix A: Schedule of Yard and Lot Requirements.
      (4)   Boarding houses.
      (5)   Public community center buildings, parks, playgrounds, golf courses.
      (6)   Public libraries.
      (7)   Row houses.
      (8)    Town houses.
   (C)   Accessory uses and accessory buildings.
      (1)   Garages shall be permitted for storage purposes only, with no commercial repair facilities.
      (2)   Those accessory buildings and accessory uses customarily incidental to the permitted principal uses in these districts.
      (3)   If a conditional use has been approved, those accessory buildings and accessory uses customarily incidental to the conditionally permitted uses in these 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-2.
      (2)   Nursing homes, assisted living facilities, adult day care and/or retirement communities.
      (3)   Dormitories and group housing.
      (4)   Fraternities, sororities, clubs, lodges, social or recreational buildings or properties not for profit.
      (5)   Places of religious assembly, or parish houses and convents in conjunction with places of religious assembly.
      (6)   Publicly owned or leased buildings, public utility buildings, telephone exchanges, transformer stations and sub-stations.
      (7)   Private academic schools and institutions of higher learning.
   (E)   Lot requirements.
      (1)   See Appendix A: Schedule of Yard and Lot Requirements.
      (2)   Where R-3 or R-4 adjoins R-1AA or R-1A without intervening secondary or major thoroughfares, the adjoining lots shall be a minimum of 20,000 square feet, or an intervening permanent 50-foot buffer shall be provided.
   (F)   Building height regulations. In any R-3 districts, no building shall exceed 35 feet in height. In any R-4 district, no building shall exceed 50 feet in height.
   (G)   Parking. Parking requirements in other residential uses, see § 158.114, Off Street Parking Regulations.
   (H)   Signs. See §§ 158.145 through 158.158 for size and location of permitted signs.
   (I)   Planned unit development requirements. Developments which are ten acres or more in size shall be developed under §§ 158.060 through 158.084. Developments of less than ten acres or less than 100 dwelling units shall be developed under §§ 158.060 through 158.084, if the proposed development deviates from the requirements of R-3, R-4 Multi-Family Residential District or the development falls under the criteria of § 158.061(A) and (B), or § 158.075(B).
   (J)   Sewer and water. In the R-3 and R-4 districts connections must be made to public water and sewer facilities.
   (K)   Landscaping and screening. See § 158.135, Landscaping, Screening and Buffering.
   (L)   Exterior lighting. See § 158.136, Standards for Exterior Lighting.
   (M)   Trash receptacles. All trash receptacles located in any R-3 or R-4 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.
   (N)   Land use intensity. The maximum land use intensity for conditional uses shall be as follows:
 
Maximum Coverage by All Buildings
Maximum Coverage by all Buildings and Impervious Surfaces
35%
75%
   
(Ord. 09-21, passed 7-27-09; Am. Ord. 10-12, passed 9-13-10; Am. Ord. 14-17, passed 8-25-14; Am. Ord. 17-10, passed 7-24-17; Am. Ord. 18-25, passed 11-26-18; Am. Ord. 23-19, passed 9-11-23)

§ 158.034 R-5 MANUFACTURED HOME RESIDENTIAL DISTRICT.

   (A)   Intent. To provide for manufactured homes in manufactured home parks. All R-5 developments, regardless of total acreage shall be submitted as planned unit developments (PUDs) under §§ 158.060 through 158.074. It is intended that manufactured home parks be located along streets of sufficient width to provide easy access without traffic congestion and without creating traffic hazards in surrounding areas.
   (B)   Permitted principal uses.
      (1)   Manufactured homes (a.k.a. mobile homes), and manufactured home parks.
      (2)   No manufactured home shall be used for any purpose other than a single family residence.
   (C)   Accessory uses.
      (1)   Recreational facilities for residents of manufactured home parks.
      (2)   Accessory uses customarily incidental to the permitted principal use.
   (D)   Development standards.
      (1)   The minimum acreage of the manufactured home development shall not be less than ten acres with a minimum of 30 home sites.
      (2)   Each lot in the manufactured home development shall be served by a public sewer and water system.
      (3)   Landscaping and screening shall be as specified in § 158.135, Landscaping, Screening and Buffering.
      (4)   Manufactured home sites shall be a minimum of 5,000 square feet exclusive of roadways, parkways, laundry facilities or other park service buildings.
      (5)   Each manufactured home site shall have minimum dimensions of 40 feet along shortest lot line.
      (6)   Manufactured homes and accessory buildings shall be so positioned on each space so that there is at least a 15-foot clearance between manufactured homes at all points and a minimum of five feet from all site lines.
      (7)   No manufactured home or accessory building shall be located nearer than 70 feet from a major thoroughfare and shall not have direct access thereto.
      (8)   No manufactured home or accessory building shall be positioned nearer than 15 feet from an interior roadway.
      (9)   Each manufactured home site shall provide a paved stand (pad) under each manufactured home consisting of concrete and of sufficient size to provide for placement of all manufactured home supports on the pad. The pad must be of sufficient thickness and size to support the maximum anticipated loads during all seasons. It must be positioned at an angle in relation to the access street to make placement and removal of the manufactured home practical. In place of a pad, two concrete ribbons of sufficient dimension for placement of all manufactured home supports and of sufficient thickness and size to support maximum anticipated loads during all season, may be utilized.
      (10)   Each manufactured home stand shall be provided with anchors and tie-downs such as eyelets imbedded in the concrete at least at each corner of the manufactured home stand to secure the stability of the manufactured home.
      (11)   Each manufactured home shall be equipped and maintained with a skirt around the base, covering all of the undercarriage and running gear. Such skirting shall consist of aluminum or equivalent solid materials.
      (12)   Each manufactured home site shall provide two paved parking spaces off the roadway. Each parking space shall have an area of not less than 200 square feet either in the manufactured home site behind the front setback area or in a common parking area within the manufactured home development.
      (13)   On a side other than that used for the parking spaces, a patio made of concrete a minimum of 10 feet by 30 feet shall be provided.
      (14)   All areas of the manufactured home site not covered by the manufactured home, a patio, or a paved area, shall be covered and maintained by grass or other landscaping material and suitably maintained.
      (15)   A three-foot concrete walk shall be provided along each side of all interior streets.
      (16)   All internal drives shall maintain a free width, exclusive of parking, of 20 feet with a 40-foot inside radius on all curves. Curb and gutter shall be provided on all internal drives.
      (17)   A minimum of one acre or 10% of the manufactured home development, whichever is larger, shall consist of open recreation areas. Streets, parking areas and park service facility areas shall not be considered as part of the required recreational area.
      (18)   Where fuel is stored in outdoor storage tanks, they shall be supported by a concrete base and screened from the view of surrounding manufactured home spaces and adjoining properties.
      (19)   All trash receptacles shall be screened from view of surrounding manufactured home spaces and the street.
      (20)   All utilities in the manufactured home development shall be constructed underground.
      (21)   Appropriate lighting shall be required along all interior streets and walkways and shall be so positioned and shaded to avoid a glare on adjoining properties.
      (22)   No manufactured home shall be located nearer than 200 feet from a side or rear yard of any other residentially zoned district.
      (23)   All manufactured home developments shall be located along a major street with sufficient frontage to provide at least two well spaced access points.
      (24)   Each manufactured home site shall be so constructed to provide adequate storm water drainage from ramps, patios and all walls and foundations of the manufactured home to the storm sewer.
      (25)   Commercial sale of manufactured home units shall be prohibited in the manufactured home development.
      (26)   The manufactured home development shall be developed as a planned unit development except that the style and type of manufactured home shall not be required to be specified.
      (27)   No building shall exceed 25 feet in height.
      (28)   Minimum width of all corner lots shall be 50 feet.
   (E)   Exterior lighting. See § 158.136, Standards for Exterior Lighting.
   (F)   Trash receptacles. All trash receptacles located in any R-5 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.
(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. 18-25, passed 11-26-18)

§ 158.035 RO-1 RESIDENTIAL/OFFICE DISTRICT.

   (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:
 
Maximum Coverage by All Buildings
Maximum Coverage by all Buildings and Impervious Surfaces
35%
75%
 
   (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)

§ 158.036 B-1 NEIGHBORHOOD BUSINESS DISTRICT.

   (A)   Intent. To provide for a limited range of goods and services for the convenience of those living in the immediate vicinity.
   (B)   Permitted principal uses. See Appendix B.
   (C)   Accessory uses. Uses customarily accessory to the permitted uses.
   (D)   Lot size. Minimum lot size shall be equal to the adjacent residential district with an absolute minimum of 16,000 square feet.
   (E)   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 setback shall be a minimum of 70 feet. Such setback shall be from the existing right-of-way or any proposed right-of-way. If all necessary right-of-way needed for future roadway improvements have been acquired, per the approval of the City Engineer, the minimum front yard setback shall be 40 feet. Where there is no officially established public right-of-way all buildings shall be set back at least 95 feet from the centerline of the roadway. Major roads shall be all roads considered arterials, major arterials and principal arterials (See definition of THOROUGHFARE PLAN in § 158.003.)
      (2)   Side yards. Side yards shall be a minimum of 15 feet on each side.
      (3)   Rear yards. Rear yards of 30 feet shall be provided. 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 30 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 (E).
      (5)   All buildings longer than 150 feet in length must have a clearance of 20 feet on three sides for fire lanes. High hazard buildings shall have a separation of 50 feet between buildings. This area shall be reasonably level and solid enough to support fire equipment year round.
   (F)   Building height regulations. No building shall exceed 25 feet in height.
   (G)   Parking. Parking shall be provided in accordance with § 158.114, Off-Street Parking Regulations.
   (H)   Off-street loading. Spaces shall be provided in accordance with § 158.113, Off-Street Loading Regulations.
   (I)   Signs. See §§ 158.145 through 158.158 for size and location of permitted signs.
   (J)   Landscaping and screening. Landscaping and screening shall be as specified in § 158.135 Landscaping, Screening and Buffering.
   (K)   Planned unit development requirement. Developments which are ten acres or more in size shall be developed under §§ 158.060 through 158.084. Developments of less than ten acres in size shall be developed under §§ 158.060 through 158.084 if the proposed development deviates from the requirements of this section or the development falls under the criteria of §§ 158.060 or 158.084.
   (L)   Maximum permitted floor area. No single business establishment in the Neighborhood Business District shall contain a total floor area of more than 1,000 square feet except for retail stores engaged primarily in the sale of foods for home preparation and consumption, in which case the total floor area shall not be more than 2,000 square feet.
   (M)   Conditional uses. See Appendix B for allowed uses, provided conditional use approval is granted by the Planning Commission as provided in § 158.171(C) of this chapter.
   (N)   Exterior lighting. See § 158.136, Standards for Exterior Lighting.
   (O)   Land use intensity. The maximum land use intensity shall be as follows:
 
Maximum Coverage by All Buildings
Maximum Coverage by all Buildings and Impervious Surfaces
35%
75%
 
   (P)   Trash receptacles. All trash receptacles located in any B-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.
   (Q)   Accessory structures. See § 158.104, Accessory Buildings, Structures, Appurtenances and Carports within Residential and Commercial Districts.
   (R)   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.
   (S)   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. 17-10, passed 7-24-17)

§ 158.037 B-2 COMMUNITY BUSINESS DISTRICT.

   (A)   Intent. To provide an integrated collection of structures and uses designed to provide for a limited variety of retail stores and related activities and for office buildings and service establishments which serve the convenience and service needs of a consumer population in the immediate vicinity. The district regulations are designed to provide for properly located small to medium size shopping complexes which will be served with conveniently located off-street parking areas and safe pedestrian movement. Excluded are major shopping complexes, retail businesses requiring support of a consumer population more than those within the immediate vicinity and non-retail uses which generate a large volume of truck traffic.
   (B)   Permitted principal uses. See Appendix B.
   (C)   Conditional uses. See Appendix B for allowed uses, provided conditional use approval is granted by the Planning Commission as provided in § 158.171(C) of this chapter.
      (1)   Nonconforming residential uses located within a B-2 District and being the principal use of the property may continue in conjunction with a permitted commercial use of the property upon approval by Planning Commission. Planning Commission shall not approve the proposed combined use unless all of the following, without exception, are met.
         (a)   The lot must be at least 30,000 square feet.
         (b)   The property and the proposed use must meet all requirements of the B-2 District regarding setbacks, parking, drainage, screening and all other requirements.
         (c)   The residential structure may not be expanded or added to nor shall any accessory structure be utilized for any portion of the business operation.
         (d)   The provision of this amendment shall apply only to B-2 zoned parcels sharing a side lot line with a residential zoning district, and only to property utilized for residential use at the time of passage of this amendment. A corner lot cannot be utilized for these purposes if the adjoining residential zoning district exists behind the B-2 parcel rather than beside the parcel.
      (2)   Wireless telecommunication towers and facilities. See § 158.130, Wireless Telecommunication Facilities.
   (D)   Accessory uses. Uses customarily accessory to the permitted uses.
   (E)   Lot size. The minimum lot size in this district shall be 30,000 square 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 setback shall be a minimum of 70 feet. Such setback shall be from the existing right-of-way or any proposed right-of-way. If all necessary right-of-way needed for future roadway improvements have been acquired, per the approval of the City Engineer, the minimum front yard setback shall be 40 feet. Where there is no officially established public right-of-way, all buildings shall be set back at least 95 feet from the centerline of the roadway. Major roads shall be all roads considered arterials, major arterials and principal arterials (See definition of THOROUGHFARE PLAN in § 158.003.)
      (2)   Side yards. Side yards shall be a minimum of 15 feet on each side.
      (3)   Rear yards. Rear yards of 30 feet shall be provided. 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 30 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.
      (5)   All business and commercial buildings longer than 150 feet in length must have a clearance of 20 feet on three sides for fire lanes. High hazard buildings shall have a separation of 50 feet between buildings. This area shall be reasonably level and solid enough to support fire equipment year round.
   (G)   Building height regulations. No building shall exceed 35 feet in height.
   (H)   Parking. Parking shall be provided in accordance with § 158.114, Off-Street Parking Regulations.
   (I)   Off-street loading. Spaces shall be provided in accordance with § 158.113, Off-Street Loading Regulations.
   (J)   Signs. See §§ 158.145 through 158.158 for size and location of permitted signs.
   (K)   Landscaping and screening. Landscaping and screening shall be as specified in § 158.135, Landscaping, Screening and Buffering.
   (L)   Planned unit development requirement. Developments of ten acres or more shall be developed under §§ 158.060 through 158.084. Developments of less than ten acres in size shall be developed under §§ 158.060 through 158.084 if the proposed development deviates from the requirements of this section or the development falls under the criteria of §§ 158.061 or 158.075.
   (M)   Exterior lighting. See § 158.136, Standards for Exterior Lighting.
   (N)   Land use intensity. The maximum land use intensity shall be as follows:
 
Maximum Coverage by All Buildings
Maximum Coverage by all Buildings and Impervious Surfaces
35%
75%
 
   (O)   Trash receptacles. All trash receptacles located in any B-2 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.
   (P)   Accessory structures. See § 158.104, Accessory Buildings, Structures, Appurtenances and Carports within Residential and Commercial Districts.
   (Q)   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.
   (R)   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. 17-10, passed 7-24-17)

§ 158.038 B-3 GENERAL BUSINESS DISTRICT.

   (A)   Intent. To provide an integrated collection of structures and uses designed to provide for a large variety of retail stores and related activities and for office buildings and service establishments which serve the convenience and service needs of the general community. The district regulations are designed to provide for properly located major shopping complexes which will be serviced with conveniently located off-street parking areas and safe pedestrian movement, but to exclude non-retail uses which generate a large volume of truck traffic.
   (B)   Permitted principal uses. See Appendix B.
   (C)   Conditional uses. See Appendix B for allowed uses, provided conditional use approval is granted by the Planning Commission as provided in § 158.171(C) of this chapter. Wireless telecommunication towers and facilities, see § 158.130, Wireless Telecommunication Facilities.
   (D)   Accessory uses. Uses customarily accessory to the permitted uses.
   (E)   Lot size. The minimum lot size for this district shall be two acres (87,120 square 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 setback shall be a minimum of 70 feet. Such setback shall be from the existing right-of-way or any proposed right-of-way. If all necessary right-of-way needed for future roadway improvements have been acquired, per the approval of the City Engineer, the minimum front yard setback shall be 40 feet. Where there is no officially established public right-of-way all buildings shall be set back at least 95 feet from the centerline of the roadway. Major roads shall be all roads considered arterials, major arterials and principal arterials. (See definition of THOROUGHFARE PLAN in § 158.003.)
      (2)   Side yards. Side yards shall be a minimum of 15 feet on each side.
      (3)   Rear yards. Rear yards of 30 feet shall be provided. 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 30 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 district. See § 158.135, Landscaping, Screening and Buffering (E).
      (5)   All commercial buildings longer than 150 feet in length must have clearance of 20 feet on three sides for fire lanes. High hazard buildings shall have a separation of 50 between buildings. This area shall be reasonably level and solid enough to support fire equipment year round.
      (6) Landscaping and screening shall be as specified in § 158.135, Landscaping, Screening and Buffering.
   (G)   Parking. Parking shall be provided in accordance with § 158.114, Off Street Parking Regulations.
   (H)   Off-street loading. Spaces shall be provided in accordance with § 158.113, Off-Street Loading Regulations.
   (I)   Signs. See §§ 158.145 through 158.158 for size and location of permitted signs.
   (J)   Planned unit development requirements. Developments which are ten acres or more in size shall be developed under §§ 158.060 through 158.084. Developments of less than ten acres in size shall be developed under §§ 158.060 through 158.084 if the proposed development deviates from the requirements of this section or the development falls under the criteria of §§ 158.061 or 158.084.
   (K)   Building height regulations. No building shall exceed 35 feet in height.
   (L)   Exterior lighting. See § 158.136, Standards for Exterior Lighting.
   (M)   Land Use Intensity. The maximum land use intensity shall be as follows:
 
Maximum Coverage by All Buildings
Maximum Coverage by all Buildings and Impervious Surfaces
35%
75%
 
   (N)   Trash receptacles. All trash receptacles located in any B-3 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.
   (O)   Accessory structures. See § 158.104, Accessory Buildings, Structures, Appurtenances, and Carports within Residential and Commercial Districts.
   (P)   Mechanical equipment. 
      (1)   All mechanical equipment, such as HVAC systems, service ladders 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.
   (Q)   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. 17-10, passed 7-24-17)

§ 158.039 B-4 HIGHWAY BUSINESS DISTRICT.

   (A)   Intent. To encompass those businesses which by their nature generate a large volume of truck traffic and which require special consideration in their placement so to prohibit possible traffic congestion and protect the residential community.
   (B)   Permitted principal uses. See Appendix B.
   (C)   Conditional uses. See Appendix B for allowed uses, provided conditional use approval is granted by the Planning Commission as provided in § 158.171(C) of this chapter. Wireless telecommunication towers and facilities, see § 158.130, Wireless Telecommunication Facilities.
   (D)   Accessory uses. Uses customarily accessory to the permitted uses.
   (E)   Lot size. The minimum lot size in this district shall be three acres (130,680 square 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 setback shall be a minimum of 70 feet. Such setback shall be from the existing right-of-way or any proposed right-of-way. If all 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. Where there is no officially established public right-of-way, all buildings shall be set back at least 95 feet from the centerline of the roadway. Major roads shall be all roads considered arterials, major arterials and principal arterials. (See definition of THOROUGHFARE PLAN in § 158.003.)
      (2)   Side yards. Side yards shall be a minimum of 15 feet on each side.
      (3)   Rear yards. Rear yards of 30 feet shall be provided. 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 30 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 (E).
      (5)   All commercial buildings longer than 150 feet in length must have a clearance of 20 feet on three sides for fire lanes. High hazard buildings shall have a separation of 50 feet between buildings. This area shall be reasonably level and solid enough to support fire equipment year round.
      (6) Landscaping and screening shall be as specified in § 158.135, Landscaping, Screening and Buffering.
   (G)   Building height regulations. No building shall exceed 45 feet in height.
   (H)   Parking. Parking shall be provided in accordance with § 158.114, Off-Street Parking Regulations.
   (I)   Off-street loading. Spaces shall be provided in accordance with § 158.113, Off-Street Loading Regulations.
   (J)   Signs. See §§ 158.145 through 158.158 for size and location of permitted signs.
   (K)   Planned unit development requirements. Developments which are ten acres or more in size shall be developed under §§ 158.060 through 158.084. Developments of less than ten acres in size shall be developed under §§ 158.060 through 158.084 if the proposed development deviates from the requirements of this section or the development falls under the criteria of §§ 158.061 or 158.084.
   (L)   Exterior lighting. See § 158.136, Standards for Exterior Lighting.
   (M)   Land Use Intensity. The maximum land use intensity shall be as follows:
 
Maximum Coverage by All Buildings
Maximum Coverage by all Buildings and Impervious Surfaces
35%
75%
 
   (N)   Trash receptacles. All trash receptacles located in any B-4 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.
   (O)   Accessory Structures. See § 158.104, Accessory Buildings, Structures, Appurtenances and Carports within Residential and Commercial Districts.
   (P)   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.
   (Q)   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. 17-10, passed 7-24-17)

§ 158.040 O-1 OFFICE BUILDING DISTRICT.

   (A)   Intent. To provide an area for office and professional buildings.
   (B)   Permitted principal uses. See Appendix B.
   (C)   Accessory uses. Those uses and buildings customarily incidental to the principal uses permitted in this district.
   (D)   Conditional uses. The following uses are allowed in any O-1 District provided conditional use approval is granted by the Planning Commission as provided in § 158.171(C) of this chapter. See Appendix B.
   (E)   Lot size and width. The minimum lot size shall be 30,000 square feet, and the minimum lot width shall be 125 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 setback shall be a minimum of 70 feet. Such setback shall be from the existing right-of-way or any proposed right-of-way. If all necessary right-of-way needed for future roadway improvements have been acquired, per the approval of the City Engineer, the minimum front yard setback shall be 40 feet. Where there is no officially established public right-of-way, all buildings shall be set back at least 95 feet from the centerline of the roadway. Major roads shall be all roads considered arterials, major arterials and principal arterials. (See definition of THOROUGHFARE PLAN in § 158.003.)
      (2)   Side yards. Side yards shall be a minimum of 15 feet on each side.
      (3)   Rear yards. A minimum rear yard of 30 feet shall be provided. 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 30 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 (E).
      (5)   All commercial buildings longer than 150 feet in length must have clearance of 20 feet on three sides for fire lanes. High-hazard buildings shall have a separation of 50 feet between buildings. This area shall be reasonably level and solid enough to support fire equipment year round.
      (6)   From the right-of-way line, there shall be a ten-foot deep landscaped area to be maintained in grass and plantings. No plantings shall be higher than three feet.
   (G)   Land use intensity. The maximum land use intensity shall be as follows:
 
Maximum Coverage by All Buildings
Maximum Coverage by all Buildings and Impervious Surfaces
35%
75%
 
   (H)   Building heights regulations. No building shall exceed 35 feet in height.
   (I)   Parking. Parking shall be provided in accordance with § 158.114, Off-Street Parking Regulations.
   (J)   Off-street loading. Spaces shall be provided in accordance with § 158.113, Off-Street Loading Regulations.
   (K)   Signs. See §§ 158.145 through 158.158 for size and location of permitted signs.
   (L)   Landscaping and screening. Landscaping and screening shall be as specified in § 158.135, Landscaping, Screening and Buffering.
   (M)   Planned unit development requirements. Developments which are ten acres or more in size shall be developed under §§ 158.060 through 158.084. Developments of less than ten acres in size shall be developed under §§ 158.060 through 158.084 if the proposed development deviates from the requirements of this section or the development falls under the criteria of §§ 158.060 or 158.084.
   (N)   Exterior lighting. See § 158.136, Standards for Exterior Lighting.
   (O)   Trash receptacles. All trash receptacles located in any O-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.
   (P)   Accessory structures. See § 158.104, Accessory Buildings, Structures, Appurtenances and Carports within Residential and Commercial Districts.
   (Q)   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.
   (R)   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. 17-10, passed 7-24-17)

§ 158.041 ORP-1 OFFICE RESEARCH PARK DISTRICT.

   (A)   Intent. To provide an area where certain office and professional uses can coexist with research and development type facilities. This includes offices and professional services that generally do not generate a large number of walk-in customers, and laboratories, engineering offices, prototype fabrication capabilities, test facilities, and the like, arranged in a campus or park-type setting with large open spaces to provide an environment for scientific and engineering personnel working on technical projects. A minimal amount of related prototype development and related accessory manufacturing is permitted.
   (B)   Permitted principal uses. See Appendix B.
   (C)   Accessory uses. Those uses customarily incidental to the principal uses permitted in this district.
   (D)   Conditional uses. See Appendix B for allowed uses, provided conditional use approval is granted by the Planning Commission as provided in § 158.171(C) of this chapter.
   (E)   Lot size and width. The minimum lot size shall be 43,000 square feet. The minimum lot width for this district shall be 125 feet.
   (F)   Land Use Intensity. The maximum land use intensity shall be as follows:
 
Maximum Coverage by All Buildings
Maximum Coverage by all Buildings and Impervious Surfaces
35%
75%
 
   (G)   Yard requirements. The following minimum yard areas shall be provided:
      (1)   Front yards. The front yard shall be a minimum of 50 feet if parking is not permitted in the front yard of the building or a minimum of 70 feet if parking is allowed in the front yard of the building. The required building setback shall be from the existing right-of-way or any proposed right-of-way where there is not established right-of-way. All buildings shall be set back at least 90 feet from the centerline of the roadway or 75 feet if no parking is allowed in the front yard. 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 50 feet or a minimum of 70 feet if parking is allowed in the front of the building. Major roads shall be all roads considered arterials, major arterials and principal arterials. (See definition of THOROUGHFARE PLAN in § 158.003.) If the location of the development is across the street from any "R" District, the nearest 50 feet to the right-of-way within the development shall be landscaped and neither off-street parking nor buildings shall be permitted in such areas.
      (2)   Side yards. A minimum of 20 feet on each side of the building shall be provided as side yards. If the location of the development site is adjacent to or contiguous with a district zoned R-1, no nonresidential uses (including buildings and/or parking lots) shall be constructed or permitted within 100 feet of the existing R-District and screening as specified in § 158.135 Landscaping, Screening and Buffering shall be required, except that the nonresidential uses shall not be located nor conducted closer than 100 feet to the R-district.
      (3)   Rear yards. A minimum of 40 feet of rear yard shall be required. 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. If the development site is adjacent or contiguous to any R District, the requirements of § 158.135, Landscaping, Screening and Buffering, shall apply.
      (4)   All commercial buildings longer than 150 feet in length must have clearance of 20 feet on three sides for fire lanes. High-hazard buildings shall have a separation of 50 feet between buildings. This area shall be reasonably level and solid enough to support fire equipment year round.
   (H)   Building height regulations. No building shall exceed 45 feet in height. Exception to this height limitation requires site plan approval by the Board of Zoning Appeals, Planning Commission, and/or City Council, but in no case shall height exceed 70 feet.
   (I)   Parking. Parking shall be provided in accordance with § 158.114, Off-Street Parking Regulations.
      (1)   No on-street parking shall be credited to the number of spaces required.
      (2)   Parking and driveway areas located between the building and the street shall be paved and also guttered with concrete at all perimeters.
      (3)   Parking lot landscaping shall be installed as required by § 158.135, Landscaping, Screening and Buffering.
      (4)   Parking area shall be set back a minimum of ten feet from all property lines in the front yard.
   (J)   Off-street loading. Spaces shall be provided in accordance with § 158.113, Off-Street Loading Regulations. No loading areas shall be permitted to face or front on any street. All such loading docks and doors shall be screened from public view by appropriate plantings or screening which is compatible with the building design and materials.
   (K)   Outside storage and waste disposal. Outdoor storage shall be governed by § 158.109 with the exception and/or addition that storage of articles, goods and/or materials shall be limited to the rear of the structure. All outside storage of refuse and waste shall be stored in closed containers. The storage area and the containers shall be screened from public view as required by § 158.135, Landscaping, Screening and Buffering. In case of conflict between this section and § 158.109, the requirements of this section apply.
   (L)   Landscaping and screening. Landscaping and screening shall be as specified in § 158.135, Landscaping, Screening and Buffering.
   (M)   Utilities. Except for any elevated high voltage electrical utilities, all utilities including telecommunication and electrical systems shall be underground. Elevated high voltage utilities shall not be permitted to front any street.
   (N)   Planned unit development requirements. All developments may be developed under planned unit development procedures in accordance with §§ 158.060 through 158.084.
   (O)   Exterior lighting. See § 158.136, Standards for Exterior Lighting.
   (P)   Trash receptacles.   All trash receptacles located in any ORP-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.
   (Q)   Accessory structures. See § 158.104, Accessory Buildings, Structures, Appurtenances and Carports within Residential and Commercial Districts.
   (R)   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.
   (S)   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. 16-17, passed 8-22-16; Am. Ord. 17-10, passed 7-24-17)

§ 158.042 RP-1 RESEARCH PARK DISTRICT.

   (A)   Intent. The purpose of this district is to provide an area dedicated to research and development type facilities. This includes offices and professional services that generally do not generate a large number of walk-in customers, and laboratories, engineering offices, prototype fabrication capabilities, test facility, and the like, arranged in a campus or park type setting with large open spaces to provide an environment for scientific and engineering personnel working on technical projects. A small amount of related production is permitted.
   (B)   Permitted principal uses. See Appendix B.
   (C)   Accessory uses. Those uses and structures customarily incidental to the principal uses permitted in this district.
   (D)   Conditional uses. See Appendix B for allowed uses, provided conditional use approval is granted by the Planning Commission as provided in § 158.171(C) of this chapter.
   (E)   Lot size and width. The minimum lot size shall be 43,000 square feet. The minimum lot width for this district shall be 125 feet.
   (F)   Land Use Intensity. The maximum land use intensity shall be as follows:
 
Maximum Coverage by All Buildings
Maximum Coverage by all Buildings and Impervious Surfaces
35%
75%
 
   (G)   Yard requirements. The following minimum yard areas shall be provided:
      (1)   Front yards. The front yard shall be a minimum of 50 feet if parking is not permitted in the front yard of the building or a minimum of 70 feet if parking is allowed in the front yard of the building. The required building setback shall be from the existing right-of-way or any proposed right-of-way where there is not established right-of-way. All buildings shall be set back at least 90 feet from the centerline of the roadway or 75 feet if no parking is allowed in the front yard. 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 50 feet or a minimum of 70 feet if parking is allowed in the front of the building. Major roads shall be all roads considered arterials, major arterials and principal arterials. (See definition of THOROUGHFARE PLAN in § 158.003.) If the location of the development is across the street from any "R" District, the nearest 50 feet to the right-of-way within the development shall be landscaped and neither off-street parking nor buildings shall be permitted in such areas.
      (2)   Side yards. A minimum of 20 feet on each side of the building shall be provided as side yards. If the location of the development site is adjacent to or contiguous with a district zoned R-1, no nonresidential uses (including buildings and/or parking lots) shall be constructed or permitted within 100 feet of the existing R-District and screening as specified in § 158.135 Landscaping, Screening and Buffering shall be required, except that the nonresidential uses shall not be located nor conducted closer than 100 feet to the R-district.
      (3)   Rear yards. A minimum of 40 feet of rear yard shall be required. 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. If the development site is adjacent or contiguous to an R District, the requirements of § 158.135, Landscaping, Screening and Buffering, shall apply.
      (4)   All commercial buildings longer than 150 feet in length must have clearance of 20 feet on three sides for fire lanes. High-hazard buildings shall have a separation of 50 feet between buildings. This area shall be reasonably level and solid enough to support fire equipment year round.
   (H)   Building height regulations. No building shall exceed 45 feet in height. Exception to this height limitation requires site plan approval by the Board of Zoning Appeals or Planning Commission, but in no case shall height exceed 70 feet.
   (I)   Parking. Parking shall be provided in accordance with § 158.114, Off-Street Parking Regulations.
      (1)   No on-street parking shall be credited to the number of spaces required.
      (2)   Parking and driveway areas located between the building and the street shall be paved and also guttered with concrete at all perimeters.
      (3)   Parking lot landscaping shall be installed as required by § 158.135, Landscaping, Screening and Buffering.
      (4)   Parking area shall be set back a minimum of ten feet from all property lines in the front yard.
   (J)   Off-street loading. Spaces shall be provided in accordance with § 158.113, Off-Street Loading Regulations. No loading areas shall be permitted to face or front on any street. All such loading docks and doors shall be screened from public view by appropriate plantings or screening which is compatible with the building design and materials.
   (K)   Outside storage and waste disposal. Outdoor storage shall be governed by § 158.109 with the exception and/or addition that storage of articles, goods and/or materials shall be limited to the rear of the structure. All outside storage of refuse and waste shall be stored in closed containers. The storage area and the containers shall be screened from public view as required by § 158.135, Landscaping, Screening and Buffering. In case of conflict between this section and § 158.109, the requirements of this section apply.
   (L)   Landscaping and screening. Landscaping and screening shall be as specified in § 158.135, Landscaping, Screening and Buffering.
   (M)   Utilities. Except for any elevated high voltage electrical utilities, all utilities including telecommunication and electrical systems shall be underground. Elevated high voltage utilities shall not be permitted to front any street.
   (N)   Planned unit development requirements. All developments may be developed under planned unit development procedures in accordance with §§ 158.060 through 158.084.
   (O)   Exterior lighting. See § 158.136, Standards for Exterior Lighting.
   (P)   Trash receptacles. All trash receptacles located in any RP-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.
   (Q)   Accessory structures. See § 158.104, Accessory Buildings, Structures, Appurtenances and Carports within Residential and Commercial Districts.
   (R)   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.
   (S)   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. 16-17, passed 8-22-16; Am. Ord. 17-10, passed 7-24-17)

§ 158.043 I-1 LIGHT INDUSTRIAL DISTRICT.

   (A)   Intent. To provide for industrial uses with limited objectionable external effects in areas that are suitable for industrial development by reason of location, topography, soil conditions and the availability of adequate utilities and transportation systems. The intent is to permit most manufacturing, wholesaling and warehousing activities that can be operated in a clean and quiet manner, subject only to those regulations necessary to prohibit congestion and the protection of adjacent residential and business activities.
   (B)   Permitted principal uses. See Appendix B.
   (C)   Accessory uses. Uses customarily accessory to the permitted uses.
   (D)   Conditional uses. The following uses may be permitted by the Planning Commission upon application for conditional use approval under the provisions of § 158.171(C).
      (1)   Excavation, storage, separation, clearing and marketing of sand and gravel.
      (2)   Television and radio broadcasting towers and wireless telecommunication facilities.
      (3)   Recreational facilities and customary buildings.
      (4)   Heliports.
   (E)   Yard requirements. The following yards shall be required:
      (1)   Front yards. Front yards shall be not less than 50 feet in depth, excepting where an industrial district is adjacent or across a street from any residential district, the required front yard shall be not less than 100 feet.
      (2)   Side yards. The required side yard shall be 20 feet, except in the case where the side yard abuts a residential district, the building and uses shall be set back a minimum of 100 feet.
      (3)   Rear yards. Rear yards shall be not less than 50 feet in depth except where the rear yard abuts a residential district, it shall be not less than 100 feet. Side and rear yard requirement for nonresidential uses abutting residential districts or uses. See § 158.135 Landscaping, Screening and Buffering.
      (4)   All commercial buildings in excess of 150 feet in length must have a clearance of 20 feet on three sides for fire lanes. High hazard buildings shall have a separation of 50 feet between buildings. This area shall be reasonably level and solid enough to support fire equipment year round.
   (F)   Lot size. The minimum lot size shall be two acres (87,120 square feet).
   (G)   Building height regulations. No structure shall exceed 45 feet in height.
   (H)   Parking. Parking shall be provided in accordance with § 158.114, Off-Street Parking Regulations.
   (I)   Off-street loading. Space shall be provided in accordance with § 158.113, Off-Street Loading Regulations.
   (J)   Signs. See §§ 158.145 through 158.158 for size and location of permitted signs.
   (K)   Landscaping and screening. Landscaping and screening shall be as specified in § 158.135, Landscaping, Screening and Buffering. See § 158.135 (E) for screening regulations for uses adjoining residential district.
   (L)   Planned unit development requirements. Developments which are ten acres or more in size shall be developed under §§ 158.060 through 158.084. Developments of less than ten acres in size shall be developed under §§ 158.060 through 158.084 if the proposed development deviates from the requirements of this section or the development falls under the criteria of §§ 158.061 or 158.084.
   (M)   Exterior lighting. See § 158.136, Standards for Exterior Lighting.
   (N)   Land Use Intensity. The maximum land use intensity shall be as follows:
 
Maximum Coverage by All Buildings
Maximum Coverage by all Buildings and Impervious Surfaces
40%
75%
 
   (O)   Trash receptacles. All trash receptacles located in any I-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.
   (P)   Accessory structures. Accessory structures shall be permitted by the Planning Commission upon application for conditional use approval under the provisions of § 158.171(C).
   (Q)   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.
   (R)   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)

§ 158.044 I-2 HEAVY INDUSTRIAL DISTRICT.

   (A)   Intent. To provide for industrial and other uses that by virtue of their external effects such as: noise, glare, fumes, smoke, dust, odors, truck and/or rail traffic should be isolated from residential uses. These uses perform essential functions for the community, including employment, and should be provided for in areas that are best suited for heavy industrial development by reason of location, topography, soil conditions and the availability of adequate utilities and transportation system.
   (B)   Permitted principal uses. See Appendix B.
   (C)   Accessory uses. Uses customarily accessory to the permitted uses.
   (D)   Conditional uses. The following uses may be permitted by the Planning Commission upon application for conditional use approval under the provisions of § 158.171(C).
      (1)   Excavation, storage, separation, clearing and marketing of sand and gravel.
      (2)   Television and radio broadcasting towers and wireless telecommunication facilities.
      (3)   Recreational facilities and customary buildings.
      (4)   Heliports.
   (E)   Yard requirements. The following yards shall be required:
      (1)   Front yards. Front yards shall be not less than 50 feet in depth, excepting where an industrial district is adjacent or across a street from any residential district, the required front yard shall be not less than 100 feet.
      (2)   Side yards. The required side yard shall be 20 feet, except in the case where the side yard abuts a residential district, the building and uses shall be set back a minimum of 100 feet.
      (3)   Rear yards. Rear yards shall be not less than 50 feet in depth except where the rear yard abuts a residential district, it shall be not less than 100 feet. Side and rear yard requirement for nonresidential uses abutting residential districts or uses. See § 158.135 Landscaping, Screening and Buffering.
      (4)   All commercial buildings in excess of 150 feet in length must have a clearance of 20 feet on three sides for fire lanes. High hazard buildings shall have a separation of 50 feet between buildings. This area shall be reasonably level and solid enough to support fire equipment year round.
   (F)   Lot size. The minimum lot size shall be three acres (130,860 square feet).
   (G)   Building height regulations. No structure shall exceed 60 feet in height.
   (H)   Parking. Parking shall be provided in accordance with § 158.114, Off-Street Parking Regulations.
   (I)   Off-street loading. Space shall be provided in accordance with § 158.113, Off-Street Loading Regulations.
   (J)   Signs. See §§ 158.145 through 158.158 for size and location of permitted signs.
   (K)   Landscaping and screening. Landscaping and screening shall be as specified in § 158.135, Landscaping, Screening and Buffering. See § 158.135 (E) for screening regulations for uses adjoining residential district.
   (L)   Planned unit development requirements. Developments which are ten acres or more in size shall be developed under §§ 158.060 through 158.084. Developments of less than ten acres in size shall be developed under §§ 158.060 through 158.084 if the proposed development deviates from the requirements of this section or the development falls under the criteria of §§ 158.061 or 158.084.
   (M)   Exterior lighting. See § 158.136, Standards for Exterior Lighting.
   (N)   Land Use Intensity. The maximum land use intensity shall be as follows:
 
Maximum Coverage by All Buildings
Maximum Coverage by all Buildings and Impervious Surfaces
40%
75%
 
   (O)   Trash receptacles. All trash receptacles located in any I-2 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.
   (P)   Accessory structures. Accessory structures shall be permitted by the Planning Commission upon application for conditional use approval under the provisions of § 158.171(C).
   (Q)   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.
   (R)   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)