For the purpose of this Planning Zoning Code, hereafter the "Code", the following districts are designated:

   (a)   R-1 One-Family Residence Districts.

   (b)   R-2 One and Two-Family Residence Districts.

   (c)   R-3 One to Six-Family Residence Districts.

   (d)   R-4 Multi-Family Residence Districts.

   (e)   B-P Professional Office Districts.

   (f)   B-1 Local Retail Business Districts.

   (g)   B-2 General Business Districts.

   (h)   B-3 Shopping Center Districts.

   (i)   I-1 Industrial Districts.

   (j)   I-2 Industrial Districts.

   (k)   H-1 Historical Overlay Districts.

   (1)   H-D Historic Downtown.

   (m)   PRD Planned Residential Developments.

(Ord. 7139-99. Passed 7-6-99.)

   (a)   The boundaries of these districts are hereby established as shown on a map entitled "Zoning Map", which accompanies and is hereby made a part of this Code. The district boundary lines on the map are intended to follow lot lines, the center lines of streets or alleys projected, railroad right of way lines, or the corporate limit lines. Where a district boundary line does not clearly coincide with lot lines, it shall be determined by scaling.

   (b)   Zoning district boundary lines which cannot be distinctly located from the Zoning Map are shown in enlarged scale on the accompanying "Zoning Map Blowups" and are hereby made a part of this Code, and shall take precedence over the Zoning Map in locating district boundary lines shown on them.

(Ord. 7139-99. Passed 7-6-99.)

   Where a district boundary line divides a lot which was in single ownership and of record at the time of enactment of that district, the use authorized on and the other district requirements applying to the less restricted portion of such lot shall be considered as extending to the entire lot provided that where the more restricted portion of such lot is more than fifty feet (50 ft.) beyond such dividing district boundary line, such less restricted use shall be limited to the portion of the lot lying within fifty feet (50 ft.) of such boundary line with the exception of the first fifty feet (50 ft.) of frontage on a street within a Historical District.

(Ord. 7139-99. Passed 7-6-99.)

   Questions concerning the exact location of district boundary lines shall be determined by the Board of Zoning Appeals according to rules and regulations which it may adopt, as hereinafter provided under Section 1919.04(a)(2).

(Ord. 7139-99. Passed 7-6-99.)

   All territory which may hereafter be annexed to the City shall be classed automatically as being in an R-1 One-Family Residence District until such classification has been changed by amendment of this Code.

(Ord. 7139-99. Passed 7-6-99.)

   Whenever any street, alley or other public way is vacated by official action of Council, the zoning of the district adjoining each side of such street, alley or other public way shall be automatically extended to the center of such vacation, and all area included in the vacation shall henceforth be subject to all appropriate regulations of the extended districts.

(Ord. 7139-99. Passed 7-6-99.)

   Permitted principal uses in R-1 One-Family Residence Districts, hereinafter referred to as "R-1 Districts" are as follows:

   (a)   One-family detached dwellings;

   (b)   Essential services, as defined in Section 1915.20 and municipal administrative or public service buildings or properties, except such uses as storage yards, warehouses, garages or other uses customarily conducted as gainful business, provided any building is located not less than twenty feet (20 ft.) from any other lot in any residential district;

   (c)   Public parks and playgrounds.

      (Ord. 7139-99. Passed 7-6-99.)

   When authorized by the Planning Commission, the following uses are permitted in R-1 Districts:

   (a)   Branch telephone exchanges excluding cellular transmission towers, static transformer stations, and booster or pressure regulating stations, without service yard storage;

   (b)   Country clubs, golf courses, swimming clubs, tennis courts and similar recreational uses, provided that any principal building or swimming pool shall be located not less than one hundred feet (100 ft.) from any other lot in any residential district; and

      (Ord. 7139-99. Passed 7-6-99.)

   (c)   Any buildings or structures occupied by or used for the meeting or congregating of clubs, including fraternal, patriotic, benevolent, charitable, political or religious organizations and institutions; veterans groups; churches; Sunday schools; parish houses; public, private and parochial schools (excluding dormitories); public libraries; museums; art galleries and similar cultural uses; and community centers. Such structures shall be located the minimum of 30 feet from any side or rear lot line bordering a residential district, and the minimum of 35 feet from any public right-of-way. Said setbacks may be used to the extent possible and with the approval of the Planning Commission for parking, landscaping or approved signage. Landscaping and buffering shall be installed according to a plan approved by the Planning commission as set forth in Section 1925.08. Said uses shall include off-street parking on contiguous lots conforming with the requirements of Chapter 1957, Parking.

      (Ord. 7435-01. Passed 2-18-02.)

   (d)   Group homes-as defined in Section 1915.24;

   (e)   Home offices, subject to the following provisions:

      (a)   Office of a physician, dentist, lawyer, architect, consultant or engineer within his dwelling, provided such is not operated as the principal office. No office shall require internal or external alterations or involve construction features or the use of mechanical equipment not customarily found in a dwelling;

      (b)   Customary incidental home occupations such as handicraft, dressmaking, millinery, but not including beauty parlor, barber shop, dancing or music school with organized classes, or similar activity, carried on solely by resident occupants within their residence, subject to the following provisions:

         (1)   That not more than one (1) room is used for such purposes by any resident family;

         (2)   That no such use shall require internal or external alterations or involve construction features or the use of mechanical equipment not customary in dwellings;

         (3)   That only those items that are produced on the premises are sold or offered for sale; and

         (4)   That no display of goods or services pertaining to such use is visible from the street.

   (f)   Planned Residential Development (see Section 1945.02), and

   (g)   Other R-1 compatible uses as deemed appropriate by the Planning Commission.

      (Ord. 7139-99. Passed 7-6-99.)

   Accessory uses in R-1 Districts shall be customarily incidental to a permitted principal use on the same lot therewith, including:

   (a)   Private garages or parking areas as regulated by Chapter 1957 Parking Provisions;

   (b)   Living quarters of persons employed on the premises;

   (c)   Signs as regulated by Chapter 1949;

   (d)   Day care home as defined in Section 1915.13.

      (Ord. 7139-99. Passed 7-6-99.)

   (e)   Establishments which may permit the sales of instant games of chance or tab ticket games or lotteries other than the Ohio Lottery provided that such sale is accessory to an already existing permitted principal use, and subject to the rules and regulations set forth in Chapter 517 of the Codified Ordinances.

      (Ord. 7185-99. Passed 12-20-99.)

   (f)   Day care centers, only when established as accessory uses in existing churches, schools and similar institutional buildings.

      (Ord. 7539-03. Passed 3-17-03.)

   No principal structure in an R-1 District shall exceed two and one-half (2-1/2) stories or thirty feet (30 ft.) in height, and no accessory structure shall exceed one (1) story or fifteen feet (15 ft.) in height, except as provided in Section 1951.02.

(Ord. 7139-99. Passed 7-6-99.)

   The following minimum requirements shall be observed in R-1 Districts, subject to the additional requirements, exceptions and modifications in Sections 1951.03 to 1951.05, inclusive. Each lot shall have a minimum lot area of five thousand square feet (5,000 sq. ft.).

 

 

   A single family dwelling shall be limited to a maximum square footage of 30% of lot area.

   A home with an attached garage may have minimum side yard widths of six feet (6 ft.) on both sides.
(Ord. 9161-14. Passed 4-21-14.)

   The front of a one-family dwelling, which includes the principal entrance to the dwelling, shall face the street.

(Ord. 7139-99. Passed 7-6-99.)

   The display for the purpose of sale of automobiles, recreational vehicles, and similar equipment shall be permitted on residential lot by permit only. All vehicles and other items displayed as for sale shall be owned by the resident of the affected dwelling unit. Sales of up to two vehicles shall be permitted up to two times per year for a period not to exceed 30 days, at which time they shall be removed from display for a period not less than 30 days. The sale of more than two such times at a time shall not be permitted. No such vehicle shall be stored within three feet of any City right-of-way. All vehicles shall be stored on hard-surfaced drive or parking areas while being displayed as for sale. Vehicles displayed for sale shall be maintained in good working order and shall display a current license plate. The display for sale of automobiles, recreational vehicles and similar equipment shall not be permitted in driveways or parking areas serving more than one resident or dwelling unit. Permits may be issued by the Building Department during regular business hours. Said permit shall be displayed in the automobile in such a manner as to be visible from the sidewalk. The fee for such permit shall be established by the City Council from time to time as deemed necessary.

(Ord. 8019-08. Passed 2-4-08.)

   Whenever the side or rear yard of a structure or institution as described in Section 1925.02 (a) through (d) abuts a residential district, said yard area shall be screened or landscaped in accordance with a plan approved by the Planning Commission and containing one or a combination of the following methods:

   (a)   Wall. A solid wall of brick and block masonry or other durable material not less than 5-feet in height nor more than 6-feet in height. Such wall shall be located not closer than 5-feet to the residential property line and shall be landscaped with grass, shrubbery or trees on the residential side of the wall as a buffer and screening. The wall and landscape planting shall be repaired, replaced and permanently maintained as necessary to provide a permanent, attractive and effective screen between the residential use and the institutional use in question. The wall shall be considered an exterior wall for the purpose of construction and its construction shall be as governed by the Building Code. Said wall shall be designed to conform and be compatible with the main structure in design and character.

   (b)   Planting. A strip of land not less than 10-feet in width shall be planted in a well- designed manner with trees, shrubs, evergreen hedges and evergreens to form a dense, compact screening. The plantings shall provide a visual screen of at least sixty percent (60%) during all seasons of the year at a minimum height of 6-feet above grade. All trees shall be a minimum 3-inch caliper and approximately 15-feet in height. This area shall be repaired, replaced and/or maintained as necessary to maintain its original effectiveness.

   (c)   Mound. A strip of land not less than 15-feet in width with earthen, rock or similar material or combinations of materials shall be mounded and sculptured to a height of not less than 5-feet above grade using slopes no greater than a ratio of 3:1. The entire 15-feet of yard outboard of the mound shall be landscaped with trees, shrubs, hedges and grass to form a screen which shall be maintained as necessary to provide a permanent, attractive and effective compatible separation of land uses.

      (Ord. 7435-01. Passed 2-18-02.)

   Permitted principal uses in R-2 One and Two-Family Residence Districts, hereinafter referred to as "R-2 Districts" are as follows:

   (a)   One-family detached dwellings;

   (b)   Essential services, as defined in Section 1915.20 and municipal administrative or public service buildings or properties including libraries, except such uses as storage yards, warehouses, garages or other uses customarily conducted as gainful business, provided any building is located not less than twenty feet (20 ft.) from any other lot in any residential district;

   (c)   Public parks and playgrounds.

      (Ord. 7139-99. Passed 7-6-99; Ord. 7435-01. Passed 2-18-02.)

   When authorized by the Planning Commission, the following uses are permitted in R-2 Districts;

   (a)   Two-family dwellings.

   (b)   Branch telephone exchanges excluding cellular transmission towers, static transformer stations, and booster or pressure regulating stations, without service yard storage.

   (c)   Country clubs, golf courses, swimming clubs, tennis courts and similar recreational uses, provided that any principal building or swimming pool shall be located not less than one hundred feet (100 ft.) from any other lot in any residential district; and

      (Ord. 7139-99. Passed 7-6-99.)

   (d)   Any buildings or structures occupied by or used for the meeting or congregating of clubs, including fraternal, patriotic, benevolent, charitable, political or religious organizations and institutions; veterans groups; churches; Sunday schools; parish houses; public, private and parochial schools (excluding dormitories); public libraries; museums; art galleries and similar cultural uses; and community centers. Such structures shall be located the minimum of 30 feet from any side or rear lot line bordering a residential district, and the minimum of 35 feet from any public right-of-way. Said setbacks may be used to the extent possible and with the approval of the Planning Commission for parking, landscaping or approved signage. Landscaping and buffering shall be installed according to a plan approved by the Planning Commission as set forth in Section 1927.08. Said uses shall include off-street parking on contiguous lots conforming with the requirements of Chapter 1957, Parking.

      (Ord. 7435-01. Passed 2-18-02.)

   (e)   Group homes as defined in Section 1915.24;

   (f)   Home offices, subject to the following provisions:

      (a)   Office of a physician, dentist, lawyer, architect, consultant or engineer within his dwelling, provided such is not operated as the principal office. No office shall require internal or external alterations or involve construction features or the use of mechanical equipment not customarily found in a dwelling;

      (b)   Customary incidental home occupations such as handicraft, dressmaking, millinery, but not including beauty parlor, barber shop, dancing or music school with organized classes, or similar activity, carried on solely by resident occupants within their residence, subject to the following provisions:

         (1)   That not more than one (1) room is used for such purposes by any resident family;

         (2)   That no such use shall require internal or external alterations or involve construction features or the use of mechanical equipment not customary in dwellings;

         (3)   That only those items that are produced on the premises are sold or offered for sale; and

         (4)   That no display of goods or services pertaining to such use is visible from the street.

   (g)   Planned Residential Developments (see Section 1945.02), and

   (h)   Gardening for commercial purposes

   (i)   Cemeteries of ten (10) acres or more in size.

   (j)   Other R-2 compatible uses as deemed appropriate by the Planning Commission.

      (Ord. 7139-99. Passed 7-6-99.)

   Permitted accessory uses in R-2 Districts are as follows:

   (a)   Private garages or parking areas as regulated by Chapter 1957 Parking Provisions;

   (b)   Living quarters of persons employed on the premises; and

   (c)   Day care home as defined in Section 1915.13;

   (d)   Signs as regulated by Chapter 1949.

      (Ord. 7139-99. Passed 7-6-99.)

   (e)   Establishments which may permit the sales of instant games of chance or tab ticket games or lotteries other than the Ohio Lottery provided that such sale is accessory to an already existing permitted principal use, and subject to the rules and regulations set forth in Chapter 517 of the Codified Ordinances.

      (Ord. 7185-99. Passed 12-20-99.)

   (f)   Day care centers, only when established as accessory uses in existing churches, schools and similar institutional buildings.

      (Ord. 7539-03. Passed 3-17-03.)

   No principal structure in an R-2 District shall exceed two and one-half (2-1/2) stories or thirty feet (30 ft.) in height, and no accessory structure shall exceed one (1) story or fifteen feet (15 ft.) in height, except as provided in Section 1951.02.

(Ord. 7139-99. Passed 7-6-99.)

   The following minimum requirements shall be observed in R-2 Districts, subject to the additional requirements, exceptions and modifications in Sections 1951.03 to 1951.05, inclusive. Each one-family residence shall be located on a lot containing at least five thousand square feet (5,000 sq. ft.)

   A single family dwelling shall be limited to a maximum square footage of 30% of the lot area.

   Each structure containing more than one (1) family shall be located on a lot containing an area of ten thousand square feet (10,000 sq. ft.) for each family.

 

 

   A single-family home with an attached garage may have minimum side yard widths of six feet (6 ft.) on both sides.

   Each structure containing more than one (1) family shall be located on a lot with a minimum width of seventy-five feet (75 ft.)

(Ord. 9161-14. Passed 4-21-14.)

   The front of a one-family or two-family dwelling, which includes the principal entrance to the dwelling, shall face the street.

(Ord. 7139-99. Passed 7-6-99.)

   The display for the purpose of sale of automobiles, recreational vehicles, and similar equipment shall be permitted on a residential lot by permit only. All vehicles and other items displayed as for sale shall be owned by the resident of the affected dwelling unit. Sales of up to two vehicles shall be permitted up to two times per year for a period not to exceed 30 days, at which time they shall be removed from display for a period not less than 30 days. The sale of more than two such items at a time shall not be permitted. No such vehicle shall be stored within three feet of any City right-of-way. All vehicles shall be stored on hard-surfaced drive or parking areas while being displayed as for sale. Vehicles displayed for sale shall be maintained in good working order and shall display a current license plate. The display for sale of automobiles, recreational vehicles and similar equipment shall not be permitted in driveways or parking areas serving more than one resident or dwelling unit. Permits may be issued by the Building Department during regular business hours. The fee for such permit shall be established by the City Council from time to time as deemed necessary.

(Ord. 7185-99. Passed 12-20-99.)

   Whenever the side or rear yard of a structure or institution as described in Section 1927.02(a) through (e) abuts a residential district, said yard area shall be screened or landscaped in accordance with a plan approved by the Planning commission and containing one or a combination of the following methods:

   (a)   Wall.    A solid wall of brick and block masonry or other durable material not less than 5-feet in height nor more than 6-feet in height. Such wall shall be located not closer than 5-feet to the residential property line and shall be landscaped with grass, shrubbery or trees on the residential side of the wall as a buffer and screening. The wall and landscape planting shall be repaired, replaced and permanently maintained as necessary to provide a permanent, attractive and effective screen between the residential use and the institutional use in question. The wall shall be considered an exterior wall for the purpose of construction and its construction shall be as governed by the Building Code. Said wall shall be designed to conform and be compatible with the main structure in design and character.

   (b)   Planting. A strip of land not less than 10-feet in width shall be planted in a well- designed manner with trees, shrubs, evergreen hedges and evergreens to form a dense, compact screening. The plantings shall provide a visual screen of at least sixty percent (60%) during all seasons of the year at a minimum height of 6-feet above grade. All trees shall be a minimum 3-inch caliper and approximately 15-feet in height. This area shall be repaired, replaced and/or maintained as necessary to maintain its original effectiveness.

   (c)   Mound. A strip of land not less than 15-feet in width with earthen, rock or similar material or combinations of materials shall be mounded and sculptured to a height of not less than 5-feet above grade using slopes no greater than a ratio of 3:1. The entire 15-feet of yard outboard of the mound shall be landscaped with trees, shrubs, hedges and grass to form a screen which shall be maintained as necessary to provide a permanent, attractive and effective compatible separation of land uses.

      (Ord. 7435-01. Passed 2-18-02.)

   Permitted principal uses in R-3 One to Six-Family Residence Districts, hereinafter referred to as "R-3 Districts" are as follows:

   (a)   Three to six-family dwellings;

   (b)   Two-Family dwellings;

   (c)   Essential services, as defined in Section 1915.20 and municipal administrative or public service buildings or properties, except such uses as storage yards, warehouses, garages or other uses customarily conducted as gainful business, provided any building is located not less than twenty feet (20 ft.) from any other lot in any residential district;

   (d)   Public parks and playgrounds;

   (e)   Private schools for academic instruction, including dormitories; and

   (f)   Planned Residential Development projects when authorized by Council on the recommendation of the Planning Commission pursuant to Chapter 1945.

      (Ord. 7139-99. Passed 7-6-99.)

   When authorized by the Planning Commission the following uses are permitted in R-3 Districts:

   (a)   One-family detached dwellings;

   (b)   Branch telephone exchanges excluding cellular transmission towers, static transformer stations, and booster or pressure regulating stations, without service yard storage;

   (c)   Country clubs, golf courses, swimming clubs, tennis courts and similar recreational uses, provided that any principal building or swimming pool shall be located not less than one hundred feet (100 ft.) from any other lot in any residential district; and

      (Ord. 7139-99. Passed 7-6-99.)

   (d)   Any buildings or structures occupied by or used for the meeting or congregating of clubs, including fraternal, patriotic, benevolent, charitable, political or religious organizations and institutions; veterans groups; churches; Sunday schools; parish houses; public, private and parochial schools (excluding dormitories); public libraries; museums; art galleries and similar cultural uses; and community centers. Such structures shall be located the minimum of 30 feet from any side or rear lot line bordering a residential district, and the minimum of 35 feet from any public right-of-way. Said setbacks may be used to the extent possible and with the approval of the Planning Commission for parking, landscaping or approved signage. Landscaping and buffering shall be installed according to a plan approved by the Planning commission as set forth in Section 1929.09. Said uses shall include off-street parking on contiguous lots conforming with the requirements of Chapter 1957, Parking.

      (Ord. 7435-01. Passed 2-18-02.)

   (e)   Group homes as defined in Section 1915.24;

   (f)   Home occupations, subject to the following provisions:

      (a)   Office of a physician, dentist, lawyer, architect, consultant or engineer within his dwelling, provided such is not operated as the principal office. No office shall require internal or external alterations or involve construction features or the use of mechanical equipment not customarily found in a dwelling;

      (b)   Customary incidental home occupations such as handicraft, dressmaking, millinery, but not including beauty parlor, barber shop, dancing or music school with organized classes, or similar activity, carried on solely by resident occupants within their residence, subject to the following provisions:

         (1)   That not more than one (1) room is used for such purposes by any resident family;

         (2)   That no such use shall require internal or external alterations or involve construction features or the use of mechanical equipment not customary in dwellings;

         (3)   That only those items that are produced on the premises are sold or offered for sale; and

         (4)   That no display of goods or services pertaining to such use is visible from the street.

   (g)   Cemeteries of ten (10) acres or more in size;

   (h)   Boarding or lodging houses;

   (i)   Private schools for academic instruction, including dormitories;

   (j)   Type A day-care homes, Kindergartens, day nurseries, or nursery schools, provided that any play lot used in connection therewith is suitably fenced and screened in accordance with requirements of the Board;

   (k)   Private clubs and lodges;

   (l)   Tourist homes; motels or motor hotels on lots abutting on Broadway Avenue and Northfield Road, subject to the applicable provisions of Section 1937.12;

   (m)   The following on lots abutting on Broadway Avenue and Northfield Road:

      (1)   Office of civic, religious or charitable organizations and financial or insurance institutions conducting their activities primarily by mail and not handling merchandise or rendering services on the premises;

      (2)   Offices devoted to real estate, insurance, management, and similar enterprises when conducting their activities primarily by mail or telephone and not displaying or handling merchandise on the premises; and

      (3)   Professional offices of architects, engineers, lawyers.

   (n)   Parking areas accessory to a use in an adjoining less restricted district, when abutting or directly across an alley, subject to the applicable conditions stipulated in Section 1957.02, and such further conditions as may be stipulated by the Board; and

   (o)   Private hospitals, sanitariums and nursing homes not for contagious diseases, mental health facilities, provided that any such buildings shall be at least fifty feet (50 ft.) from any other lot in any residence district and other hospitals or sanitariums for human care provided that any buildings used for the treatment of contagious diseases, addictions, or the mentally ill, shall be at least one hundred feet (100 ft.) from any other lot in any residential district. Hospitals shall be located on lots of five (5) acres or more, sanitariums on lots of ten (10) acres or more and nursing homes on lots of twenty thousand square feet.

   (p)   Other R-3 compatible uses as deemed appropriate by the Planning Commission.

      (Ord. 7139-99. Passed 7-6-99.)

   Permitted accessory uses in R-3 Districts are as follows:

   (a)   Private garages or parking areas as regulated by Chapter 1957 Parking Provisions;

   (b)   Living quarters of persons employed on the premises;

   (c)   Signs as regulated by Chapter 1949;

   (d)   Day care home as defined in Section 1915.13.

      (Ord. 7139-99. Passed 7-6-99.)

   (e)   Establishments which may permit the sales of instant games of chance or tab ticket games or lotteries other than the Ohio Lottery provided that such sale is accessory to an already existing permitted principal use, and subject to the rules and regulations set forth in Chapter 517 of the Codified Ordinances.

      (Ord. 7185-99. Passed 12-20-99.)

   No principal structure in an R-3 District shall exceed two and one-half (2-1/2) stories or thirty-five feet (35 ft.) in height, and no accessory structure shall exceed one (1) story or fifteen feet (15 ft.) in height, except as provided in Section 1951.02.

(Ord. 7139-99. Passed 7-6-99.)

   The following minimum requirements shall be observed in R-3 Districts, subject to the additional requirements, exceptions and modifications in Sections 1951.03 to 1951.05, inclusive.

 

 

   A single family dwelling shall be limited to a maximum square footage of 30% of lot area.

   A single-family home with an attached garage may have minimum side yard widths of six feet (6 ft.) on both sides. Each structure containing more than one (1) family shall be located on a lot with a minimum width of seventy-five feet (75 ft.).

(Ord. 9161-14. Passed 4-21-14.)

   Where the requirements of Section 1929.07 do not apply, the front of a three to six-family dwelling or a two-family dwelling, which includes the principal entrance to the dwelling, shall face the street.

(Ord. 7139-99. Passed 7-6-99.)

   The site plan and floor plan of all multiple housing developments shall be reviewed and approved by the Planning Commission. See Section 1917.30 for development plan contents.

(Ord. 7139-99. Passed 7-6-99.)

   The display for the purpose of sale of automobiles, recreational vehicles, and similar equipment shall not be permitted on multi-family residential lots.

(Ord. 7185-99. Passed 12-20-99.)

   Whenever the side or rear yard of a structure or institution as described in Section 1929.02 (b) through (e) abuts a residential district, said yard area shall be screened or landscaped in accordance with a plan approved by the Planning commission and containing one or a combination of the following methods:

   (a)   Wall.    A solid wall of brick and block masonry or other durable material not less than 5-feet in height nor more than 6-feet in height. Such wall shall be located not closer than 5-feet to the residential property line and shall be landscaped with grass, shrubbery or trees on the residential side of the wall as a buffer and screening. The wall and landscape planting shall be repaired, replaced and permanently maintained as necessary to provide a permanent, attractive and effective screen between the residential use and the institutional use in question. The wall shall be considered an exterior wall for the purpose of construction and its construction shall be as governed by the Building Code. Said wall shall be designed to conform and be compatible with the main structure in design and character.

   (b)   Planting. A strip of land not less than 10-feet in width shall be planted in a well- designed manner with trees, shrubs, evergreen hedges and evergreens to form a dense, compact screening. The plantings shall provide a visual screen of at least sixty percent (60%) during all seasons of the year at a minimum height of 6-feet above grade. All trees shall be a minimum 3-inch caliper and approximately 15-feet in height. This area shall be repaired, replaced and/or maintained as necessary to maintain its original effectiveness.

   (c)   Mound. A strip of land not less than 15-feet in width with earthen, rock or similar material or combinations of materials shall be mounded and sculptured to a height of not less than 5-feet above grade using slopes no greater than a ratio of 3:1. The entire 15-feet of yard outboard of the mound shall be landscaped with trees, shrubs, hedges and grass to form a screen which shall be maintained as necessary to provide a permanent, attractive and effective compatible separation of land uses.

      (Ord. 7435-01. Passed 2-18-02.)

   Permitted principal uses in R-4 Multi-Family Residence Districts, hereinafter referred to as “R-4" Districts" are as follows:

   (a)   Multi-family dwellings.

   (b)   Three to six-family dwellings;

   (c)   Public parks and playgrounds;

   (d)   Boarding or lodging houses;

   (e)   Planned Residential Development projects when authorized by Council on the recommendation of the Planning Commission pursuant to Chapter 1945.

   (f)   Essential services, as defined in Section 1915.20 and municipal administrative or public service buildings or properties, except such uses as storage yards, warehouses, garages or other uses customarily conducted as gainful business, provided any building is located not less than twenty feet (20 ft.) from any other lot in any residential district.

      (Ord. 7139-99. Passed 7-6-99; Ord. 7435-01. Passed 2-18-02.)

   When authorized by the Planning Commission, the following uses are permitted in R-4 Districts:

   (a)   Two-Family dwellings;

   (b)   Branch telephone exchanges excluding cellular transmission towers, static transformer stations, and booster or pressure regulating stations, without service yard storage;

   (c)   Country clubs, golf courses, swimming clubs, tennis courts and similar recreational uses, provided that any principal building or swimming pool shall be located not less than one hundred feet (100 ft.) from any other lot in any residential district; and

      (Ord. 7139-99. Passed 7-6-99.)

   (d)   Any buildings or structures occupied by or used for the meeting or congregating of clubs, including fraternal, patriotic, political or religious organizations and institutions; veterans groups; churches; Sunday schools; parish houses; public, private and parochial schools (including dormitories); public libraries; museums; art galleries and similar cultural uses; and community centers. Such structures shall be located the minimum of 30 feet from any side or rear lot line bordering a residential district, and the minimum of 35 feet from any public right-of-way. Said setbacks may be used to the extent possible and with the approval of the Planning Commission for parking, landscaping or approved signage. Landscaping and buffering shall be installed according to a plan approved by the Planning Commission as set forth in Section 1931.08. Said uses shall include off-street parking on contiguous lots conforming with the requirements of Chapter 1957, Parking.

      (Ord. 7435-01. Passed 2-18-02.)

   (e)   Day care home as defined in Section 1915.13;

   (f)   Group homes as defined in Section 1915.24;

   (g)   Home offices, subject to the following provisions:

      (a)   Office of a physician, dentist, lawyer, architect, consultant or engineer within his dwelling, provided such is not operated as the principal office. No office shall require internal or external alterations or involve construction features or the use of mechanical equipment not customarily found in a dwelling;

      (b)   Customary incidental home occupations such as handicraft, dressmaking, millinery, but not including beauty parlor, barber shop, dancing or music school with organized classes, or similar activity, carried on solely by resident occupants within their residence, subject to the following provisions:

         (1)   That not more than one (1) room is used for such purposes by any resident family;

         (2)   That no such use shall require internal or external alterations or involve construction features or the use of mechanical equipment not customary in dwellings;

         (3)   That only those items that are produced on the premises are sold or offered for sale; and

         (4)   That no display of goods or services pertaining to such use is visible from the street.

   (h)   Cemeteries of ten (10) acres or more in size.

   (i)   Boarding or lodging houses;

   (j)   Editor’s Note: Former subsection (j) hereof was repealed by Ordinance 7435- 01.;

   (k)   Day-care home, type A, Kindergartens, day nurseries, or nursery schools, provided that any play lot used in connection therewith is suitably fenced and screened in accordance with requirements of the Board;

   (l)   Editor’s Note: Former subsection (l) hereof was repealed by Ordinance 7435-01;

   (m)   Tourist homes; motels or motor hotels on lots abutting on Broadway Avenue and Northfield Road, subject to the applicable provisions of Section 1937.12;

   (n)   The following on lots abutting on Broadway Avenue and Northfield Road:

      (1)   Office of civic, religious or charitable organizations and financial or insurance institutions conducting their activities primarily by mail and not handling merchandise or rendering services on the premises;

      (2)   Offices devoted to real estate, insurance, management, and similar enterprises when conducting their activities primarily by mail or telephone and not displaying or handling merchandise on the premises; and

      (3)   Professional offices of architects, engineers, lawyers.

   (o)   Parking areas accessory to a use in an adjoining less restricted district, when abutting or directly across an alley, subject to the applicable conditions stipulated in Section 1957.02, and such further conditions as may be stipulated by the Board; and

   (p)   Private hospitals, sanitariums and nursing homes not for contagious diseases, mental health facilities, provided that any such buildings shall be at least fifty feet (50 ft.) from any other lot in any residence district and other hospitals or sanitariums for human care provided that any buildings used for the treatment of contagious diseases, addictions, or the mentally ill shall be at least one hundred feet (100 ft.) from any other lot in any residential district. Hospitals shall be located on lots of five (5) acres or more, sanitariums on lots of ten (10) acres or more and nursing homes on lots of twenty thousand square feet.

   (q)   Apartment hotels for any number of guests, but not primarily for transients, including therein incidental accessory services, such as restaurants and newsstands, when conducted and entered from within the building, provided there is no exterior display of such accessory services. For such hotels where no cooking is done in individual rooms or apartments, the regulations hereinafter concerning lot area per family shall not apply;

   (r)   Other R-4 compatible uses as deemed appropriate by the Planning Commission.

      (Ord. 7139-99. Passed 7-6-99.)

   Permitted accessory uses in R-4 districts are as follows:

   (a)   Private garages or parking areas as regulated by Chapter 1957 Parking Provisions;

   (b)   Living quarters of persons employed on the premises;

   (c)   Signs as regulated by Chapter 1949.
(Ord. 7139-99. Passed 7-6-99.)

   (d)   Establishments which may permit the sales of instant games of chance or tab ticket games or lotteries other than the Ohio Lottery provided that such sale is accessory to an already existing permitted principal use, and subject to the rules and regulations set forth in Chapter 517 of the Codified Ordinances.

      (Ord. 7185-99. Passed 12-20-99.)

   No principal structure in an R-4 District shall exceed six (6) stories or seventy-five feet (75 ft.) In height, at the required front, side and yard lines, other than as provided in Section 1951.02.

(Ord. 7139-99. Passed 7-6-99.)

   The following minimum requirements shall be observed in R-4 Districts, subject to the additional requirements, exceptions and modifications in Sections 1951.03 to 1951.05, inclusive. Each structure shall be located on a lot containing at least five thousand square feet (5,000 sq. ft.).

 

 

   Each structure containing more than six (6) families shall be located on a lot having an area of two thousand square feet (2,000 sq. ft. ) for each family.

   A single-family home with an attached garage may have a minimum side yard width of six feet (6 ft.) on both sides.

(Ord. 7139-99. Passed 7-6-99.)

   The site plan and floor plan of all multiple family housing developments shall be reviewed and approved by the Planning Commission. See Section 1917.30 for development plan contents.

(Ord. 7139-99. Passed 7-6-99.)

   The display for the purpose of sale of automobiles, recreational vehicles, and similar equipment shall not be permitted on multi-family residential lots.

(Ord. 7185-99. Passed 12-20-99.)

   Whenever the side or rear yard of a structure or institution as described in Sections 1931.02 (b) through (f) and (p) abuts a residential district, said yard area shall be screened or landscaped in accordance with a plan approved by the Planning Commission and containing one or a combination of the following methods:

   (a)   Wall. A solid wall of brick and block masonry or other durable material not less than 5-feet in height nor more than 6-feet in height. Such wall shall be located not closer than 5-feet to the residential property line and shall be landscaped with grass, shrubbery or trees on the residential side of the wall as a buffer and screening. The wall and landscape planting shall be repaired, replaced and permanently maintained as necessary to provide a permanent, attractive and effective screen between the residential use and the institutional use in question. The wall shall be considered an exterior wall for the purpose of construction and its construction shall be as governed by the Building Code. Said wall shall be designed to conform and be compatible with the main structure in design and character.

   (b)   Planting. A strip of land not less than 10-feet in width shall be planted in a well- designed manner with trees, shrubs, evergreen hedges and evergreens to form a dense, compact screening. The plantings shall provide a visual screen of at least sixty percent (60%) during all seasons of the year at a minimum height of 6-feet above grade. All trees shall be a minimum 3-inch caliper and approximately 15-feet in height. This area shall be repaired, replaced and/or maintained as necessary to maintain its original effectiveness.

   (c)   Mound. A strip of land not less than 15-feet in width with earthen, rock or similar material or combinations of materials shall be mounded and sculptured to a height of not less than 5-feet above grade using slopes no greater than a ratio of 3:1. The entire 15-feet of yard outboard of the mound shall be landscaped with trees, shrubs, hedges and grass to form a screen which shall be maintained as necessary to provide a permanent, attractive and effective compatible separation of land uses. 

   In the B-P Professional Office District, hereinafter referred to as "B-P District," and land or any part thereof shall not be used for any other purpose than expressly permitted by this section, which permitted uses are as follows:

   (a)   Child day care center, as defined under state law;

   (b)   Clinics;

   (c)   Hospitals;

   (d)   Nursing homes as defined under state law;

   (e)   Office building and offices for the practice of:

      (1)   Medicine;

      (2)   Dentistry;

      (3)   Law;

      (4)   Architecture;

      (5)   Accounting;

   (f)   Engineering consultants;

   (g)   Insurance office;

   (h)   Real estate office;

   (i)   Brokerages;

   (j)   Sales offices and merchandising services, but excluding sales offices with samples and inventories;

   (k)   Practice of pharmacy, exclusively for sale of drugs and medicine, as a part of a medical office facility;

   (1)   Freestanding surgical outpatient facility;

   (m)   Radio and television studio;

   (n)   Banks and financial services;

   (o)   Mortuaries; and

   (p)   Any professional office use not listed above which is similar as to the type of service rendered, hours of operation and amount of traffic generated.

      (Ord. 7139-99. Passed 7-6-99.)

   (a)   Permitted accessory uses in a B-P district are any other accessory uses customarily incidental to a permitted principal use including signs as regulated by Chapter 1949.
(Ord. 7139-99. Passed 7-6-99.)

   (b)   Establishments which may permit the sales of instant games of chance or tab ticket games or lotteries other than the Ohio Lottery provided that such sale is accessory to an already existing permitted principal use, and subject to the rules and regulations set forth in Chapter 517 of the Codified Ordinances.

(Ord. 7185-99. Passed 12-20-99.)

   (a)   Height. No structure shall exceed six (6) stories or seventy-five feet (75 ft.) in height.

   (b)   Area. No parcel designated as "B-P" shall be less than five thousand square feet (5,000 sq. ft.) in area.

(Ord. 7139-99. Passed 7-6-99.)

The following minimum requirements shall be observed in B-P Professional Office Districts;

   (a)   Front Yard. Each building or structure shall have a front yard of not less than thirty feet (30 ft.) from the beginning of the public right of way. Within this space there shall be no structure of any kind, except signs as permitted by Chapter 1949. Within this space there shall be no storage or display of any materials, equipment, inventory, merchandise or wares. Parking for customers only is permitted within this space subject to the requirements of Section 1957.04.

   (b)   Side Yards. The side yard shall be equal to the height of the building up to seventy-five feet (75 ft.) but not less than thirty feet (30 ft.) where side property line is contiguous with a residential district.

   (c)   Rear Yard. There shall be a rear yard equal to the height of the building up to seventy-five feet (75 ft.) but not less than thirty feet (30 ft.) where rear property line is contiguous with a residential district.

   (d)   Landscaping Requirements. Whenever a side or rear yard is contiguous to residentially zoned land, said yard area shall be screened and landscaped in accordance with a plan approved by the Planning Commission utilizing any one or a combination of the following methods:

      (1)   Wall. A solid wall of masonry or other durable material not less than five feet (5 ft.) or more than six feet (6 ft.) in height. Such wall shall be located not closer than five feet (5 ft.) to the residential property line and shall be landscaped with grass, shrubbery or trees on the residential side of the wall as a buffer and screening. The wall and landscape planting shall be repaired, replaced and permanently maintained as necessary to provide a permanent, attractive and effective screen between the residential and commercial use. The wall shall be considered an exterior wall for purpose of construction and shall be installed as defined and required by the Building Code. Such wall shall be designed to conform and be compatible with the main structure in design and character.

      (2)   Planting. A strip of land not less than ten feet (10 ft.) in width shall be planted in a well designed manner with trees, shrubs, evergreen hedges and evergreens to form a dense compact screening. The plantings shall provide a visual screen of at least sixty percent (60%) during all seasons at a minimum height of six feet (6 ft.) above grade. All trees shall have a trunk at least three inches (3 in.) in circumference and approximately fifteen feet (15 ft.) in height.

         This area to be repaired, replaced and maintained as originally installed.

      (3)   Mound. A strip of land not less than fifteen feet (15 ft.) in width with earthen, rock or similar material or combinations shall be mounded and sculptured to a height of not less than five (5 ft.) above grade utilizing side slopes no greater than a 3:1 ratio. The entire fifteen feet (15 ft.) of side yard shall be landscaped with trees, shrubs, hedges and grass to form a screen which shall be maintained and necessary to provide a permanent, attractive and effective compatible separation of land use.

         (Ord. 7139-99. Passed 7-6-99.)

   (a)   Requirements. Off-street parking requirements within the B-P District shall be in accordance with Chapter 1957.

   (b)   Accessory Parking. Off-street spaces for loading and unloading shall be required and shall be located on the premises served. The number of spaces shall conform to the requirements of Chapter 1957.

(Ord. 7139-99. Passed 7-6-99.)

   See Section 1917.30.

(Ord. 7139-99. Passed 7-6-99.)

   In considering and acting upon any development plan, the Planning Commission or Building Commissioner shall require that the proposed plan comply with the following standards:

   (a)   That safe and convenient traffic movement shall be assured within the area and in relation to adjoining streets.

   (b)   That the relation of buildings and uses in the area to each other and their relation to buildings and uses on adjoining property shall be such that no proposed building or use shall hinder nor discourage the appropriate development or use of any adjoining property or be inconsistent with permitted use of such property. The Commission or Building Commissioner shall disapprove any permitted building or use if such building or use would hinder or discourage any permitted use, whether existing or future, in the surrounding more restricted zoning district.

The Commission or Building Commissioner may consider height, design, population density, traffic pattern, setback distance between buildings, landscaping features, walls or fences, or any other element which is related to possible impairment or discouragement of the appropriate use of adjoining property and to the public health, safety, convenience or comfort.

   (c)   That all buildings shall be located not less than fifteen feet (15 ft.) from any other building and shall be at least fifteen feet (15 ft.) from any area boundary line except where contiguous with a residential district. See Section 1933.04.

   (d)   That all signs, their size, height and location have been approved as per Section 1949.03.

      (Ord. 7139-99. Passed 7-6-99.)

   The Planning Commission or Building Commissioner shall act on any development plan within sixty (60) days of the filing of such plan. After approval or before the plan is modified by the Commission or Building Commissioner, either on petition or directly by Commission or Building Commissioner action, applications may be made for building permits or Certificates of Occupancy. Such permits or Certificates shall be granted if the applicant conforms to the approved plans and to all other requirements of this Zoning Code. The development plan may be modified by the Commission or Building Commissioner acting either on petition or on its own initiative, but cannot be so modified without notice to the owners of all of the lands included in such plan.

(Ord. 7139-99. Passed 7-6-99.)

   A "B-1 Local Retail Business District," hereinafter referred to as "B-1 District," is defined as a commercial business district in which such uses are permitted as to serve the needs for convenience goods in proximity to the immediate neighborhood and which do not attract large volumes of traffic.

(Ord. 7139-99. Passed 7-6-99.)

   Permitted principal uses in B-1 Districts are as follows:

   (a)   Office building and offices for the practice of:

      (1)   Medicine;

      (2)   Dentistry;

      (3)   Law;

      (4)   Architecture;

      (5)   Accounting;

   (b)   Insurance office;

   (c)   Real estate office;

   (d)   Governmental Buildings;

   (e)   Administrative offices;

   (f)   Public utility offices;

   (g)   Art studios;

   (h)   Photographic studios;

   (i)   Travel agencies;

   (j)   Banks and financial services;

   (k)   Retail businesses for the convenient needs of the neighborhood to the following extent:

      (1)   Food stores, including groceries, delicatessens, candy or ice cream stores, restaurants, bakeries with baking limited to goods for retail sales on the premises, beverage stores, meat markets, dairy product stores and the like;

      (2)   Service establishments, such as barber shops and beauty salons, shoe repair stores, photographic service stores, repair shops (excluding automotive) and similar services;

      (3)   Apparel stores, including men, women and children's clothing stores, haberdasheries, fabric and shoe stores;

      (4)   Drug stores;

      (5)   Other local convenient stores, engaging in the sale of jewelry, flowers, paint, gifts, cameras, books, sporting goods, optical goods, garden supplies, hardware and similar items.

   (l)   Commercial, public and accessory parking lots;

   (m)   The following uses, when occupying a completely enclosed building located at least one hundred feet (100 ft.) from a residential district:

      (1)   Printing, publishing, engraving or lithographing shop; and

      (2)   Laundry and dry cleaning shop.

   (o)   Temporary sale of Christmas Trees;

   (p)   Other similar business, service or professional establishments as deemed appropriate by the Planning Commission.

      (Ord. 7139-99. Passed 7-6-99.)

   (a)   Day care centers as defined in Section 1915.11.

(Ord. 7539-03. Passed 3-17-03.)

   (a)   Permitted accessory uses in B-1 Districts are other accessory uses customarily incidental to a permitted use, including signs as regulated by Chapter 1949.

   (b)   Outside displays when deemed appropriate by the Planning Commission in accordance with Section 1935.11.

(Ord. 7139-99. Passed 7-6-99.)

   (c)   Establishments which may permit the sales of instant games of chance or tab ticket games or lotteries other than the Ohio Lottery provided that such sale is accessory to an already existing permitted principal use, and subject to the rules and regulations set forth in Chapter 517 of the Codified Ordinances.

(Ord. 7185-99. Passed 12-20-99.)

   No structure shall exceed three (3) stories or forty-five feet (45 ft.) in height, except:

   (a)   In places of public assembly, such as churches, schools, and other permitted public and semi-public buildings, which are not to exceed six (6) stories or seventy-five feet (75 ft.) in height; and

   (b)   In structures which may require appurtenances exceeding the height limit, as provided by Chapter 1951 and deemed necessary by the Board of Zoning Appeals.

      (Ord. 7139-99. Passed 7-6-99.)

   The following minimum requirements shall be observed in B-1 Districts:

   (a)   Front Yards. Each building or structure shall have a front yard not less than six feet (6 ft.) from the beginning of the public right of way.

   (b)   Side Yards. None, except when adjoining a residential district, then the minimum side yard will be the same as the least width required in that residential district.

   (c)   Rear Yards. Each building or structure shall have a rear yard not less in depth than ten feet (l0 ft.). Minimum rear yard will be the same as required in that residential district.

   (d)   Landscaping Requirements. Whenever a side or rear yard is contiguous to residentially zoned land, said yard area shall be screened and landscaped in accordance with a plan approved by the Planning Commission utilizing any one or a combination of the following methods:

      (1)   Wall. A solid wall of masonry or other durable material not less than five feet (5 ft.) or more than six feet (6 ft.) in height. Such wall shall be located not closer than five feet (5 ft.) to the residential property line and shall be landscaped with grass, shrubbery or trees on the residential side of the wall as a buffer and screening. The wall and landscape planting shall be repaired, replaced and permanently maintained as necessary to provide a permanent, attractive and effective screen between the residential and commercial use. The wall shall be considered an exterior wall for purpose of construction and shall be installed as defined and required by the Building Code. Such wall shall be designed to conform and be compatible with the main structure in design and character.

      (2)   Planting. A strip of land not less than ten feet (l0 ft.) in width shall be planted in a well designed manner with trees, shrubs, evergreen hedges and evergreens to form a dense compact screening. The plantings shall provide a visual screen of at least sixty percent (60%) during all seasons at a minimum height of six feet (6 ft.) above grade. All trees shall have a trunk at least three inches (3 in.) in circumference and approximately fifteen feet (15 ft.) in height.

         This area to be repaired, replaced and maintained as originally installed.

      (3)   Mound. A strip of land not less than fifteen feet (15 ft.) in width with earthen, rock or similar material or combinations shall be mounded and sculptured to a height of not less than five (5 ft.) above grade utilizing side slopes no greater than a 3:1 ratio. The entire fifteen feet (15 ft.) of side yard shall be landscaped with trees, shrubs, hedges and grass to form a screen which shall be maintained and necessary to provide a permanent, attractive and effective compatible separation of land use.

         (Ord. 7139-99. Passed 7-6-99.)

   (a)   Requirements Generally. Off-street parking requirements within the B-1 District shall be in accordance with Chapter 1957.

   (b)   Parking within the front yard is permitted subject to the requirements of Section 1957.04.

(Ord. 7139-99. Passed 7-6-99.)

   See Section 1917.30.

(Ord. 7139-99. Passed 7-6-99.)

   In considering and acting upon any development plan, the Planning Commission shall require that the proposed plan comply with the following standards:

   (a)   That safe and convenient traffic movement shall be assured within the area and in relation to adjoining streets.

   (b)   That the relation of buildings and uses in the area to each other and their relation to buildings and uses on adjoining property shall be such that no proposed building or use shall hinder nor discourage the appropriate development or use of any adjoining property or be inconsistent with permitted use of such property. The Commission or Building Commissioner shall disapprove any permitted building or use if such building or use would hinder or discourage any permitted use, whether existing or future, in the surrounding more restricted zoning district.

The Commission or Building Commissioner may consider height, design, population density, traffic pattern, setback distance between buildings, landscaping features, walls or fences, or any other element which is related to possible impairment or discouragement of the appropriate use of adjoining property and to the public health, safety, convenience or comfort.

   (c)   That all buildings shall be located not less than fifteen feet (15 ft.) from any other building and shall be at least fifteen feet (15 ft.) from any area boundary line.

   (d)   That all signs, their size, height and location have been approved as per Chapter 1949.

      (Ord. 7139-99. Passed 7-6-99.)

   The Planning Commission or Building Commissioner shall act on any development plan within sixty (60) days of the filing of such plan. After approval or before the plan is modified by the Commission or Building Commissioner, either on petition or directly by Commission or Building Commissioner action, applications may be made for building permits or Certificates of Occupancy. Such permits or Certificates shall be granted if the applicant conforms to the approved plans and to all other requirements of this Zoning Code. The development plan may be modified by the Commission or Building Commissioner acting either on petition or on its own initiative, but cannot be so modified without notice to the owners of all of the lands included in such plan.

(Ord. 7139-99. Passed 7-6-99.)

   (a)   No goods shall be displayed in front of the required building setback lines.

   (b)   No business shall be conducted in other than permanent buildings.

   (c)   Open-air, outside markets and other similar ways of conducting business are prohibited.

(Ord. 7139-99. Passed 7-6-99.)

   A "B-2 General Business District”, hereinafter referred to as a "B-2 District," is defined as a commercial business district in which stores generally require larger land areas than in B-1 Districts, which serves the needs for shopping and convenience goods and services for the entire community, and which may generate large volumes of traffic.

(Ord. 7139-99. Passed 7-6-99.)

   Principal uses permitted in B-2 districts include:

   (a)   Office building and offices for the practice of:

      (1)   Medicine;

      (2)   Dentistry;

      (3)   Law;

      (4)   Architecture;

      (5)   Accounting;

   (b)   Engineering consultants;

   (c)   Insurance office;

   (d)   Real estate office;

   (e)   Brokerages;

   (f)   Sales offces and merchandising services, but excluding sales offices with samples and inventories;

   (g)   Art studios;

   (h)   Photographic studios;

   (i)   Pawn Brokers;

   (j)   Travel agencies;

   (k)   Banks and financial services;

   (1)   Mortuaries;

   (m)   Retail businesses supplying the shopping needs of the community including the following:

      (1)   General merchandise stores, including department and variety stores;

      (2)   Home furnishing stores, engaging in the sale of furniture, appliances, radios and televisions;

      (3)   Home improvement stores, such as those engaged in the sale of lumber, building materials, floor and wall coverings, heating and plumbing equipment, and electrical supplies;

      (4)   Automotive stores, including auto accessory and auto parts stores; and

      (5)   Rental stores.

         (Ord. 7139-99. Passed 7-6-99.)

   (n)   Eating establishments and entertainment facilities, including theaters, drive-ins, bowling alleys, billiard/game rooms, restaurants, taverns, delicatessens, coffee shops;

      (Ord. 7435-01. Passed 2-18-02.)

   (o)   Music and dance studios;

   (p)   Motels and hotels;

   (q)   Wholesale business establishments;

   (r)   Garden Centers;

   (s)   Animal hospitals, veterinary clinics or kennels, provided that buildings or enclosures in which animals are kept shall be at least one hundred feet (100 ft.) from any other lot in any residential district;

   (t)   Bottling of soft drinks or milk or distribution stations;

   (u)   Carpenter shop, electrical, heating, ventilating or plumbing shop, furniture upholstering shop, printing, publishing, engraving or lithographing plant, laundry and dry cleaning shop, sign painting shop and similar establishments;

   (v)   Garages, car washes, gas stations when yard requirements as provided in Section 1937.06 are met with prior approval of landscaping by the Planning Commission.

      (Ord. 7139-99. Passed 7-6-99.)

   When authorized by the Planning Commission, the following uses are permitted in B-2 Districts:

   (a)   Clinics;

   (b)   Museums;

   (c)   Day-care centers;

   (d)   Any other use including light assembly operations that may be determined by the Planning Commission to be of the same general character as the foregoing permitted uses, but not including any use which may become noxious or. offensive in a B-2 District.

      (Ord. 7139-99. Passed 7-6-99.)

   (e)   Day care centers as defined in Section 1915.11.

      (Ord. 7539-03. Passed 3-17-03.)

   Permitted accessory uses in B-2 Districts are as follows:

   (a)   Permitted accessory uses in B-2 Districts and other accessory uses customarily incidental to a permitted use, including signs as regulated in Chapter 1949.

   (b)   Outside displays when deemed appropriate by the Planning Commission in accordance with Section 1935.11.

      (Ord. 7139-99. Passed 7-6-99.)

   (c)   Establishments which may permit the sales of instant games of chance or tab ticket games or lotteries other than the Ohio Lottery provided that such sale is accessory to an already existing permitted principal use, and subject to the rules and regulations set forth in Chapter 517 of the Codified Ordinances.

      (Ord. 7185-99. Passed 12-20-99.)

   No structure shall exceed three (3) stories or forty-five feet (45 ft.) in height except:

   (a)   In places of public assembly, such as churches, schools, and other permitted public and semi-public buildings, which are not to exceed six (6) stories or seventy-five feet (75 ft.) in height; and

   (b)   In structures which may require appurtenances exceeding the height limit, as deemed necessary by the Board of Zoning Appeals.

      (Ord. 7139-99. Passed 7-6-99.)

   The following minimum requirements shall be observed in B-2 Districts:

   (a)   Front Yards. Each building or structure shall have a front yard not less than thirty feet (30 ft.) in depth;

   (b)   Side Yards. None, except when adjoining a residential district, then the minimum side yard will be not less than thirty feet (30 ft) in width.

   (c)   Rear Yards. Each building or structure shall have a rear yard not less in depth than ten feet (10 ft.), except when adjoining a residential district, then the minimum rear yard will be the same as required in that residential district. In the event that the building or structure is occupied by one of the uses specified in Section 1937.02(u), a minimum rear yard of one hundred feet (100 ft.) shall be required, and shall include a buffer strip not less than thirty feet (30 ft.) or as prescribed in Section 1933.04 in width measured from the rear property line forward. This buffer strip shall be an area landscaped in accordance with a plan approved by the Planning Commission and be composed of grass, trees, bushes or similar vegetation, and shall be maintained by the owner.

   (d)   Minimum Lot Width. Each lot in a B-2 district shall have a minimum width of fifty feet (50 ft.);

   (e)   Landscaping Requirements. Whenever a side or rear yard are contiguous to residentially zoned land, said yard area shall be screened and landscaped in accordance with a plan approved by the Planning Commission utilizing any one or a combination of the following methods:

      (1)   Wall. A solid wall of masonry or other durable material not less than five feet (5 ft.) or more than six feet (6 ft.) in height. Such wall shall be located not closer than five feet (5 ft.) to the residential property line and shall be landscaped with grass, shrubbery or trees on the residential side of the wall as a buffer and screening. The wall and landscape planting shall be repaired, replaced and permanently maintained as necessary to provide a permanent, attractive and effective screen between the residential and commercial use. The wall shall be considered an exterior wall for purpose of construction and shall be installed as defined and required by the Building Code. Such wall shall be designed to conform and be compatible with the main structure in design and character.

      (2)   Planting. A strip of land not less than ten feet (10 ft.) in width shall be planted in a well designed manner with trees, shrubs, evergreen hedges and evergreens to form a dense compact screening. The plantings shall provide a visual screen of at least sixty percent (60%) during all seasons at a minimum height of six feet (6 ft.) above grade. All trees shall have a trunk at least three inches (3 in.) in circumference and approximately fifteen feet (15 ft.) in height. This area to be repaired, replaced and maintained as originally installed.

      (3)   Mound. A strip of land not less than fifteen feet (15 ft.) in width with earthen, rock or similar material or combinations shall be mounded and sculptured to a height of not less than five feet (5 ft.) above grade utilizing side slopes no greater than a 3:1 ratio. The entire fifteen feet (15 ft.) of side yard shall be landscaped with trees, shrubs, hedges and grass to form a screen which shall be maintained as necessary to provide a permanent, attractive and effective compatible separation of land use.

         (Ord. 7139-99. Passed 7-6-99.)

   (a)   Requirements. Off-street parking requirements within the B-2 District shall be in accordance with Chapter 1957.

(Ord. 7139-99. Passed 7-6-99.)

   See Section 1917.30.

(Ord. 7139-99. Passed 7-6-99.)

   In considering and acting upon any development plan, the Planning Commission shall require that the proposed plan comply with the following standards:

   (a)   That safe and convenient traffic movement shall be assured within the area and in relation to adjoining streets.

   (b)   That the relation of buildings and uses in the area to each other and their relation to buildings and uses on adjoining property shall be such that no proposed building or use shall hinder nor discourage the appropriate development or use of any adjoining property or be inconsistent with permitted use of such property. The Commission or Building Commissioner shall disapprove any permitted building or use if such building or use would hinder or discourage any permitted use, whether existing or future, in the surrounding more restricted zoning district.

The Commission or Building Commissioner may consider height, design, population density, traffic pattern, setback distance between buildings, landscaping features, walls or fences, or any other element which is related to possible impairment or discouragement of the appropriate use of adjoining property and to the public health, safety, convenience or comfort.

   (c)   That all buildings shall be located not less than fifteen feet (15 ft.) from any other building and shall be at least fifteen feet (15 ft.) from any area boundary line.

   (d)   That all signs, their size, height and location have been approved as per Chapter 1949.

      (Ord. 7139-99. Passed 7-6-99.)

   The Planning Commission or Building Commissioner shall act on any development plan within sixty (60) days of the filing of such plan. After approval or before the plan is modified by the Commission or Building Commissioner, either on petition or directly by Commission or Building Commissioner action, applications may be made for building permits or Certificates of Occupancy. Such permits or Certificates shall be granted if the applicant conforms to the approved plans and to all other requirements of this Zoning Code. The development plan may be modified by the Commission or Building Commissioner acting either on petition or on its own initiative, but cannot be so modified without notice to the owners of all of the lands included in such plan.

(Ord. 7139-99. Passed 7-6-99.)

   (a)   No building, structure or premises shall be used, erected or altered which is intended or designed to be used as a public garage, automobile repair shop, gas station or car wash having an entrance or exit for vehicles in the same block front and within two hundred feet (200 ft.) of any school, public playground, church, hospital, public library or institution for dependents or for children, and no such entrances shall be located within the same block front and within sixty feet (60 ft.) of any residential district. An ornamental fence shall separate such use from any residential district. No part of any public garage, automobile repair shop, gas station or car wash shall be located within one hundred feet ( 100 ft.) of any building or grounds of any of the aforesaid public, institutional or residential uses. No use herein included shall be erected or constructed on a lot of less than twenty thousand square feet (20,000 sq. ft.), and no use herein included shall exist onto more than two (2) streets.

   (b)   Every gas station regulated in subsection (a) hereof, shall be in accordance with Section 1915.06, and strictly limited to minor repair.

   (c)   All activities regulated in subsection (a) hereof, except the sale of gasoline and oil, dispensing of air and other activities which are reasonable and necessary at the pump services shall be carried out within the main building. Any rental vehicle, which may be permitted, shall be stored in the side or rear areas only, but the Building Commissioner shall interpret this limitation in accordance with the configuration of the land of each station. No motor vehicles, accessories or parts shall be stored, kept or maintained outside the main building except that tires and ice may be stored in metal fireproof enclosures. Such enclosures shall not be used as billboards and signs thereon shall identify their contents only in a size to be approved by the Building Commissioner under the provisions of the Planning and Zoning Code and Building Code. No motor vehicle shall be stored on the premises for more than forty-eight hours (48 hrs.), except service vehicles actually needed in the furtherance of the business. No customers' motor vehicles shall be on the property except for the purpose of servicing. No refuse, litter or used tires shall be upon the property except in closed metal containers. No vehicles shall be parked within five feet (5 ft.) of any sidewalk. No such use shall remain open for business unless the owner, proprietor or his employee is on the premises.

   (d)   Any person found violating the provisions of this section may be arrested on view or issued summons stating that an affidavit has or will be filed in the Bedford Municipal Court and the time and date of such appearance. Such violation is declared to be unlawful and a misdemeanor, in addition to any other procedure or penalty prescribed by law, without any other notice or warning otherwise provided for in the Planning and Zoning Code.

(Ord. 7139-99. Passed 7-6-99.)

   (a)   No vehicular entrance to or exit from any motel or motor hotel wherever such may be located shall be within two hundred feet (200 ft.) along streets from any school, public playground, church, hospital, library or institution for dependents or for children, except where such property is in another block or on another street, which the premises in question do not abut.

   (b)   The following regulations shall be complied with:

      (1)   Any lot to be used for a motel or motor hotel shall be not less than fifteen thousand square feet (15,000 sq. ft.) in area and shall contain not less than one thousand square feet (1,000 sq. ft.) per sleeping unit. All buildings and structures on the lot shall occupy in the aggregate not more than twenty-five percent (25%) of the area of the lot.

      (2)   All area used for automobile access and parking shall comply with the provisions of Chapter 1957.

      (3)   All areas not used for access, parking, circulation, buildings and services shall be completely and permanently landscaped and the entire site maintained in good condition.

      (4)   No enlargements or extensions to any motel or motor hotel shall be permitted unless the existing one is made to conform substantially with all the requirements for new construction for such an establishment.

         (Ord. 7139-99. Passed 7-6-99.)

   (a)   If any gas station becomes abandoned, such gas station shall be presumed to be a nuisance affecting or endangering surrounding property values and to be detrimental to the public health, safety, convenience, comfort, property or general welfare of the community and such nuisance shall be abated. "Abandoned" is defined as a failure to operate such gas station for at least three (3) consecutive months in any eighteen month (18 month) period.

   (b)   Whenever the Building Commissioner or his authorized agent finds any gas station to be abandoned, he shall give notice in the same manner as service of summons in civil cases or by certified mail addressed to the owner of record of the premises at his last known address or to the address to which tax bills are sent or by a combination of the foregoing methods, to abate such abandoned condition within sixty (60) days either by placing the station in operation in accordance with these Codified Ordinances, by adapting and using the building for another permitted use or by razing the gas station structure, removing the pumps and signs,abandoning underground storage tanks in accordance with accepted safe practice as prescribed by the National Fire Protection Association in Appendix C to N.F.P.A. No.30, under the supervision of the Fire Chief, and filling depressions to the grade level of the lot. However, if the gas station is in operation at the time notice is given and remains in operation for ninety (90) consecutive days thereafter, the provisions of this subsection shall not apply. If there should be declared a national emergency which would curtail the operation of motor vehicles or if Council should determine that there exists a state of general economic depression, the provisions of this subsection shall not apply.

   (c)   Upon the failure, neglect or refusal of any owner to comply with the notice to abate such nuisance, the Commissioner or his authorized agent shall take such action as may be necessary to abate the nuisance.

   (d)   Inoperative gas stations which do not come within the definition of abandoned gas station shall be maintained in accordance with the provisions of these Codified Ordinances and the owner shall cut all grass and remove all rubbish and weeds from the premises. The parking of motor vehicles upon such premises shall be prohibited and the owner shall place in the window of such gas station a sign of at least ten square feet (l0 sq. ft.) in area notifying the public of this fact. Notwithstanding any other provisions of these Codified Ordinances, if the Commissioner or his authorized agent finds that such notice is not complied with by the public, he may order the owner of the premises on which any gas station is inoperative for more than six months (6 mos.) to install fencing or a barricade approved by the Commissioner or his authorized agent which will be sufficient to block motor vehicles access to the property.

(Ord. 7139-99. Passed 7-6-99.)

   (a)   All persons, firms and corporations within the City who operate, maintain, conduct or engage in the business of dispensing automobile gasoline to the general public are hereby required to display the price of gasoline offered for sale to any person in a prominent place upon each business location so as to be viewed by the motoring public, with letters at least five inches (5 ins.) in height. The display of prices shall be at such location as to be observed by the motoring public and each side of any street which the establishment dispensing gasoline is located upon.

   In the event gasoline is dispensed or sold by any such establishment in varying prices or limited amounts or quantities at any one time, such prices, conditions or limitations shall be fully displayed so as to be observable by the motoring public from the street or road passing in front of the establishment dispensing such gasoline.

   (b)   The area of signs needed for the display of prices shall not be computed in the total area of signs allowed.

(Ord. 7139-99. Passed 7-6-99.)

   (a)   No business shall be conducted in other than permanent buildings.

   (b)   Open-air, outside markets and other similar ways of conducting business are prohibited.

(Ord. 7139-99. Passed 7-6-99.)

   (a)   A "B-2A General Automotive Sales and Business District" hereinafter referred to as a "B-2A District", is defined as a commercial business district whose chief industry is the sales of automobiles. In this district, the businesses will generally require large land areas and may generate large amounts of traffic.

   (b)   A new vehicle dealership shall be defined as an establishment primarily engaging in the sale of new motor vehicles including trucks, trailers and similar equipment, but shall also include facilities for both major and minor engine repair; body repairing, painting and washing; and other required services.

   (c)   A used vehicle dealership shall be defined as an establishment primarily engaging in the sales of three (3) or more pre-owned trucks, trailers, automobiles and similar equipment. Such an establishment may also include facilities for the repair or servicing of vehicle engines or bodies.

   (d)   A vehicle leasing or rental agency is defined as an establishment primarily engaging in the leasing or rental of new or used motor vehicles, including trucks, trailers, and automobiles. Such establishments may include facilities for the servicing of such vehicles.

(Ord. 7185-99. Passed 12-20-99.)

   Principal uses in the B-2A district shall include:

   (a)   New and Used automobile, truck trailer, or garden equipment dealerships and service facilities as well as new and used automobile, truck trailer or equipment leasing or renting establishments, provided certain conditions as provided herein are met. The sale of one or two units may be considered accessory to another permitted use.

   Conditions:

      (1)   A new vehicle dealership or new vehicle leasing/renting establishment shall have the minimum of 100,000 square feet of total area located on contiguous parcels of land.

      (2)   A used car or truck dealership or used vehicle leasing/renting establishment shall have the minimum of 50,000 square feet located on contiguous parcels.

   Note: Parcels shall be considered as contiguous if separated by none other than a street or public conveyance.

      (3)   A new motor vehicle sales agency may only use one additional lot within the City which is not contiguous with the main lot where the principal sales area is located.

      (4)   New or used car or truck dealerships which are approved after the effective date of this section shall have provisions for off-road delivery and unloading of such vehicles.

      (5)   No structure housing such an establishment used completely or in part as a vehicle service facility shall have any openings other than stationary windows or required fire exit doors facing a residential district or located within 200 feet of any such district.

      (6)   Automobile sales and/or service establishments shall not be permitted to utilize external loudspeaker systems for paging employees.

      (7)   Any vehicles or equipment being stored on premises that are damaged, partially disassembled, or otherwise not in good running order shall be screened from sight from all directions by solid fencing or other approved means.

      (8)   Care shall also be taken to minimize the effects of site lighting from causing a nuisance to neighboring residential areas. Site lighting shall be subject to approval by the Planning Commission.

   (b)   Engineering consultants;

   (c)   Insurance offices;

   (d)   Real estate office;

   (e)   Brokerages;

   (f)   Travel agencies;

   (g)   Banks and financial institutions;

   (h)   Mortuaries;

   (i)   Retail business supplying the shopping needs of the community including the following:

      (1)   General merchandise stores including department and variety stores;

      (2)   Home furnishing stores engaging in the sale of furniture, appliances, radios and televisions;

      (3)   Home improvement stores, such as those engaged in the sale of lumber, building materials, floor and wall coverings, heating and plumbing equipment, and electrical supplies;

      (4)   Automotive stores, including auto accessory and auto parts;

      (5)   Rental stores;

         (Ord. 7185-99. Passed 12-20-99.)

   (j)   Eating establishments, including restaurants, taverns, coffee shops and delicatessens;

      (Ord. 7435-01. Passed 2-18-02.)

   (k)   Wholesale business establishments;

   (l)   Veterinary clinics, provided that the buildings or enclosures in which animals are kept shall be at least 100 feet from any lot in any residential district;

   (m)   Carpenter shop; electrical, heating, ventilating or plumbing shop; furniture upholstering shop; printing, publishing, engraving or lithographing plant; laundry or dry cleaning shop; sign painting shop; and similar establishments;

   (n)   Garages, car washes, gas stations, when yard requirements as provided in Section 1937.05 are met with prior approval of landscaping by Planning Commission.

      (Ord. 7185-99. Passed 12-20-99.)

   When authorized by the planning Commission, the following uses are permitted in the B-2A District:

   (a)   Clinics;

   (b)   Day-Care Centers;

   (c)   Office buildings;

   (d)   Art studios;

   (e)   Photographic Studios;

   (f)   Any other use that may be determined to be of the same general character as the foregoing permitted uses, but not including any use which may become noxious, noisy or offensive in a B-2A district.
(Ord. 7185-99. Passed 12-20-99.)

   (g)   Day care centers as defined in Section 1915.11.

      (Ord. 7539-03. Passed 3-17-03.)

   (a)   Outside displays may be permitted when deemed appropriate by the Planning Commission in accordance with Section 1935.11 and when properly permitted by the Building Commissioner.

   (b)   Outdoor storage and/or sales of other than new or used automobiles and similar vehicles, including open-air or outside markets and similar ways of conducting business, shall not be permitted except as outlined in Section 1938.02 (a) (7).

   (c)   No business shall be conducted in other than permanent buildings.

(Ord. 7185-99. Passed 12-20-99.)

   (a)   No structure or accessory shall exceed three (3) stories or forty five feet (45 ft.) in height except:

      (1)   Flag poles and other such accessory or decorative structures (including signs) shall not exceed thirty feet (30 ft.) in height.

         (Ord. 7185-99. Passed 12-20-99.)

   The following minimum requirements shall be observed in the B-2A district:

   (a)   Front Yards: Each building or structure shall have a front yard not less than thirty feet (30 ft.) in depth.

   (b)   Side Yards: None, except when adjoining a residential district, in which case the side yard shall be not less than thirty feet (30 ft.) in width.

   (c)   Rear Yards: Each building or structure shall have a rear yard not less in depth than 10 feet (10 ft.) except when adjoining a residential district, in which case the rear yard shall be a minimum of 35 feet (35 ft.).

   (d)   Minimum Lot Width: Each lot in a B-2A district shall have a minimum width of one hundred feet (100 ft.);

   (e)   Landscaping Requirements: Whenever a side or rear yard are contiguous to a residential district, said side or rear yard shall be buffered and landscaped to screen the residential lots. The buffer shall include protection from the effects of site lighting as well as noise or other activity taking place in the B-2A zone. The width and depth of the buffer zone shall be a minimum of 35 feet (35 ft.), shall be subject to the approval of the Planning Commission, and shall be constructed of any one or combination of the following:

      (1)   Wall: A solid wall of masonry or other durable material and six feet (6 ft.) in height. Such wall shall be located not closer than five feet (5 ft.) to the residential property line and shall be landscaped with grass, shrubbery or trees on the residential side of the wall as a buffer and screening. The wall and landscape plantings shall be repaired, replaced, and permanently maintained as necessary to provide a permanent, attractive, and effective screen between the residential and the commercial use. Construction of the wall shall be subject to the provisions of the Building Code. Such wall shall be designed to conform and be compatible with the main structure in design and character.

      (2)   Planting: A strip of land not less than 10 feet (10 ft.) in width shall be planted in a well-designed manner with trees, shrubs, evergreen hedges and evergreens to form a dense, compact screening regardless of the season of the year. The plantings shall provide a visual screen of at least 60% during all seasons at a minimum height of six feet (6 ft.) above grade. All trees shall have a trunk at least 3 inches (3 in.) in circumference and at least 15 feet (15 ft.) in height. This area shall be repaired, replaced, and maintained as originally installed.

      (3)   Mound: A strip of land not less than 15 feet (15 ft.) in width with earthen, rock, or similar material or combinations of materials shall be mounded or sculptured to a height of not less than five feet (5 ft.) above grade and utilizing a side slope no greater than a 3:1 ratio. The entire 15 feet of the side and/or rear yard mounded area shall be landscaped with trees, shrubs, hedges, and grass to form a screen which shall be maintained as necessary to provide a permanent, attractive and effective separation of land uses.

         (Ord. 7185-99. Passed 12-20-99.)

   (a)   Requirements:

      (1)   Off-street parking requirements in the B-2A district shall be in accord with the requirements of Chapter 1957.

      (2)   Off-street unloading of automobiles shall be provided for all new or used vehicle dealerships or leasing/rental agencies opening, being constructed or undergoing major renovation after the effective date of this chapter.

         (Ord. 7185-99. Passed 12-20-99.)

   See Section 1917.30. (Ord. 7185-99. Passed 12-20-99.)

   In considering and acting upon any development plan, the Planning Commission shall

require the proposed plan to comply with the following standards:

   (a)   That safe and convenient traffic movement shall be assured within the area and in relation to the adjoining streets;

   (b)   That the relation of buildings and uses in the area to each other and their relation to buildings and uses on adjoining property shall be such that no proposed building or use shall hinder nor discourage the appropriate development or use of any adjoining property or be inconsistent with any permitted use of such property. The Planning Commission or Building Commissioner shall disapprove any permitted building or use if such building or use would hinder or discourage any permitted use, whether existing or future, in the surrounding zoning district. The Commission or the Building Commissioner may consider height, design, population density, traffic pattern, setback distance between buildings, landscape features, walls or fences, or any other element which is related to possible impairment or discouragement of the appropriate use of adjoining property. They shall also consider the public health, safety, convenience and comfort.

   (c)   That all buildings shall be located not less than fifteen feet (15 ft.) from any other building and shall be at least fifteen feet (15 ft.) from any zoning district boundary line.

   (d)   That all signs, their individual and total size, height and location have been approved or will be subject to approval per Chapter 1949.

      (Ord. 7185-99. Passed 12-20-99.)

   The Planning Commission or Building Commissioner shall act on any plan within sixty (60) days of the filing of such plan. After approval or before the plan is modified by the Commission or the Building Commissioner, either on petition or directly by the Commission or the Building Commissioner action, applications may be made for the building permits or Certificates of Occupancy. Such permits or Certificates shall be granted if the applicant conforms to the approved plans and to all other requirement of this Zoning Code. The development plan may be modified by the Planning Commission or the Building Commissioner acting either on petition or on its own initiative, but cannot be so modified without notice to the owners of all lands included in such plans.

(Ord. 7185-99. Passed 12-20-99.)

   See Section 1937.11. (Ord. 7185-99. Passed 12-20-99.)

   See Section 1937.14. (Ord. 7185-99. Passed 12-20-99.)

   The purposes of the M-U Mixed-Use District is to:

   (a)   To provide for the integration of uses into a cohesive employment center.

   (b)   To provide for and encourage the reuse and redevelopment of properties within the District as high-density mixed-use developments with the potential to create jobs and housing opportunities to enhance the tax base.

   (c)   To recognize the unique nature of the areas zoned Mixed-Use District and to provide for the orderly development of those properties.

   (d)   To encourage creative, high quality site design practices in the development of higher density residential areas.

   (e)   To ensure that development occurs in a unified manner in accordance with a development plan. (Ord. 9685-19. Passed 7-1-19.)

   The following principal uses are permitted in the M-U Mixed-Use District:

   (a)   Light assembly and production facilities, with accessory warehousing and storage.

   (b)   Scientific research development training & testing facilities.

   (c)   Offices

   (d)   Hotel and conference centers.

   (e)   Restaurants.

   (f)   Personal service facilities (including law, architecture, accounting, engineering consultants, insurance offices, banks, dry cleaners, and similar uses).

   (g)   Financial institutions.

   (h)   Retail stores.

   (i)   Educational and training facilities.

   (j)   Hospitals, clinics and medical facilities including dentistry.

   (k)   New car and light truck sales with a minimum of 100,000 square feet of total area located on contiguous parcels of land.

      (Ord. 9685-19. Passed 7-1-19.)

   The following uses may be permitted in the M-U Mixed Use District subject to a conditional use permit approved by the Planning Commission pursuant to Section 1917.20:

   (a)   New car and light truck sales with a minimum of 100,000 square feet of total area located on contiguous parcels of land.

   (b)   Single-family dwellings.

   (c)   Medical marijuana cultivation and dispensary.

   (d)   Any other use that may be determined by the Planning Commission to be of the same general character as the foregoing permitted uses which are not noxious or offensive. (Ord. 9685-19. Passed 7-1-19.)

   The following uses may be permitted in the M-U Mixed Use District as accessory uses to a principal permitted use:

   (a)   Off-street parking and loading facilities in accordance with the provisions of Chapter 1957, where no parking standard is provided, parking shall be as determined and established by the Planning Commission.

   (b)   Signs in accordance with the specific provisions of Section 1949.12 and the general provisions set forth in Chapter 1949 and any subsequent amendments thereto.

   (c)   Recreational facilities. (Ord. 9685-19. Passed 7-1-19.)

   The maximum density of areas devoted to residential uses shall not exceed six (6) dwelling units per acre for single-family attached dwellings. Lot area, frontage and yard requirements shall be set forth in Section 1927.05 of Chapter 1927. (Ord. 9685-19. Passed 7-1-19.)

   The minimum perimeter building and parking setbacks shall be as follows;

   (a)   Front yards.  

      (1)   The minimum front-yard building setback from the public right- of-way shall be fifty (50) feet.

      (2)   The minimum parking setback from a public right-of-way shall be five (5) feet.

      (3)   The first five (5) feet of setback adjacent to the right-of-way shall be considered as green space containing landscaped contours, mounds, trees and shrubs per a plan approved by the Planning Commission.

   (b)   Side yards.

      (1)   Where adjoining another M-U District property, the minimum side yard setback for buildings and parking shall be ten (10) feet.

      (2)   Where adjoining a residentially zoned district, the minimum side yard building setback shall be thirty (30) feet, which shall be buffered in conformance with Section 1939.12.

      (3)   Where adjoining a residentially zoned district, the minimum side yard setback for parking shall be twenty (20) feet, which shall be buffered in conformance with Section 1939.12.

   (c)   Rear yards.

      (1)   Where adjoining another M-U District property, each building or structure shall have a minimum rear yard setback of ten (10) feet.

      (2)   Where adjoining a residentially zoned district, the minimum rear yard setback shall be thirty (30) feet, which shall be buffered in conformance with Section 1939.12.

      (3)   Where adjoining a residentially zoned district, the minimum rear yard setback for parking shall be twenty (20) feet, which shall be buffered in conformance with Section 1939.12.

         (Ord. 9685-19. Passed 7-1-19.)

   Buildings and structures shall comply with the height regulations set forth below:

   (a)   Principal buildings shall not exceed a height of forty-five (45) feet.

   (b)   Accessory buildings shall not exceed twenty-five (25) feet.

   (c)   Architectural or decorative features, mechanical rooms, mechanical equipment, chimneys, flagpoles, water tanks and other appurtenances may be erected above the maximum building height as permitted by the Planning Commission

      (Ord. 9685-19. Passed 7-1-19.)

   Visual continuity among major building components is a requirement of the M-U Mixed Use District. The major building components shall be constructed as follows:

   (a)   Walls.

      (1)   Basic wall materials shall be limited to clay brick masonry or modular stone on a minimum of three sides of every building. Where the fourth side of the structure is exposed to public view, then that side shall also be constructed of clay brick masonry. Otherwise, the fourth side may be constructed of concrete masonry units in a size and color approved by the Planning Commission. The Planning Commission, at its discretion and on a special case basis, may also consider other materials of equal or similar quality and longevity.

      (2)   Matte texture and earth tone colors of building materials are required.

      (3)   Wood shall not be permitted as a wall finish except as a trim material used on a very limited basis.

      (4)   The use of EIFS and similar materials or systems shall be limited to a maximum of twenty percent (20%) of the façade of the building, shall be installed no lower than twelve (12) feet from the finished grade, and shall be used as a trim or accent material only.

      (5)   The use of mirror or reflective glass in the front wall of a building is prohibited.

   (b)   Roofing.

      (1)   Approved roofing materials shall be limited to concrete tile, standing seam metal and traditional, fiberglass, architectural grade shingles, as well as various types of built-up or rubber flat-roofing systems.

      (2)   Flat or lower roofs that can be viewed from above from adjacent, taller structures shall be treated with architectural screens placed in an orderly fashion.

      (3)   All rooftop heating and ventilating equipment, as well as miscellaneous communications equipment and similar appurtenances shall be located within a penthouse or otherwise screened from public view.

      (4)   All downspouts and rooftop utilities shall be concealed, or to the extent that such cannot be concealed, placed in an orderly fashion and architecturally harmonious with the building and area. Storm run-off shall be handled per civil engineering standards for storm water management.

      (5)   Sound levels of all roof-mounted equipment shall not exceed 55 dBa at the property line.

      (6)   Utilities on the site shall be placed underground, and transformers and other units shall be screened from view.

   (c)   Accessories.

      (1)   Transformers shall be screened from public view by means of plantings, walls, or fences. Transformers shall be located as to not be nuisances to the neighbors due to noise or location. Sound levels from transformers shall not exceed sixty (60) dBa at the property line.

      (2)   All dumpsters shall be screened from public view using materials that match or complement the building materials.

         (Ord. 9685-19. Passed 7-1-19.)

   Development plans for uses in the M-U Mixed Use District shall comply with the provisions of Section 1917.30 and shall be approved by the Planning Commission prior to the establishment of any use or occupancy.

(Ord. 9685-19. Passed 7-1-19.)

   Sources of light for illumination of buildings and grounds shall be shielded using full cut-off fixtures so that the light source is not directly visible from adjacent residentially zoned property and light spillage at the property line shall not be noxious or offensive. Site lighting shall be installed in conformance with a lighting plan approved by the Building Commissioner.

(Ord. 9685-19. Passed 7-1-19.)

   (a)   All loading dock areas shall be screened from the public view by the use of walls, fences or other approved means with a minimum screening height of six (6) feet.

   (b)   The use of mobile trailers for building storage shall not be permitted. The overnight parking of trailers or delivery trucks for any purpose other than the loading or unloading of said trailer is prohibited. Truck engines shall be shut off while parked on the site for loading or unloading.

(Ord. 9685-19. Passed 7-1-19.)

   Whenever a side or rear yard is contiguous to residentially zoned land, said yard shall be screened and landscaped in accordance with a plan approved by the Planning Commission utilizing one or a combination of the following methods:

   (a)   Wall.    A solid wall of masonry or other durable material not less than five (5) feet or more than six (6) feet in height. Such wall shall be located not closer than five (5) feet to the residential property line and shall be landscaped with grass, shrubbery or trees on the residential side of the wall as a buffer and screening. The wall and landscape planting shall be repaired, replaced and permanently maintained as necessary to provide a permanent, attractive and effective screen between the residential and the commercial use. Such wall shall be designed to conform and be compatible with the main structure in design and character.

   (b)   Planting. A strip of land not less than ten feet (10 ft.) in width shall be planted in a well designed manner with trees, shrubs, evergreen hedges and evergreens to form a dense compact screening. The plantings shall provide a visual screen of at least sixty percent (60%) during all seasons at a minimum height of six feet (6 ft.) above grade. All deciduous trees shall be a minimum three (3.0) inch caliper and evergreen trees shall be a minimum of ten (10) feet in height.

   (c)   Mound. A strip of land not less than fifteen (15) feet in width with earthen, rock or similar material or combinations shall be mounded and sculptured to a height of not less than five (5) feet above grade utilizing side slopes no greater than a 3:1 ratio. The entire fifteen feet shall be landscaped with trees, shrubs, hedges and grass to form a screen which shall be maintained and necessary to provide a permanent, attractive and effective compatible separation of land use.

   (d)   Fencing. Screen fencing shall be board-on-board and shall be six (6) feet in height. (Ord. 9685-19. Passed 7-1-19.)

   The I-1 Industrial District, hereinafter referred to as "I-1 Districts" established and regulated for the following purposes:

   (a)   To provide suitable areas for those industrial uses which are appropriate for the City of Bedford as determined by its location and the character and intensity of its existing development; and

   (b)   To assure that industrial development in the City occurs in a fashion which meets the needs of industrial uses while respecting the environment associated with adjacent land uses.

   (c)   To provide suitable areas for sexually oriented businesses, see Section 1941.09.

      (Ord. 7139-99. Passed 7-6-99.)

   The following are permitted principal uses in the I-1 Districts:

   (a)   Manufacturing, assembly and/or preparation of:

      (1)   Building materials and components.

      (2)   Food products.

      (3)   Electronic or electrical components and equipment.

      (4)   Furniture.

      (5)   Automotive products or components.

      (6)   Appliances including water heaters and furnaces.

      (7)   Pharmaceuticals.

      (8)   Printed materials.

      (9)   Research and development laboratories related to product development and testing.

      (10)   Uses of similar nature as determined by the Planning Commission.

   (b)   Warehousing and other storage establishments;

   (c)   Vocational training schools;

   (d)   Contractors' offices and shops provided all materials associated with the business, excluding vehicles, are located in an enclosed structure; and

   (e)   Facilities for repairing, storing and/or rebuilding of equipment and/or products that comply with performance standards of Section 1941.05, except that auto salvage and wrecking operations, industrial metal and waste salvage operations and junk yards will not be permitted, unless operated entirely within a building.

      (Ord. 7139-99. Passed 7-6-99.)

   (f)   Establishments for the sales of instant games of chance including instant bingo and other tab games and lottery sales other than state lottery sales by any individual or organization including not-for-profit and charitable organizations approved per Section 517.07(a) of the Codified Ordinances. Such establishments shall be located not less than 250 feet from any other place licensed to operate a sexually oriented business, any structure used as a residence, any church, any primary or secondary school, any daycare center or nursery school, any hotel or motel, any public park or playground, any public library.

      (Ord. 7185-99. Passed 12-20-99.)

   (a)   Gardening for commercial purposes.
(Ord. 7139-99. Passed 7-6-99.)

   (b)   Day care centers as defined in Section 1915.11.

(Ord. 7539-03. Passed 3-17-03.)

   The following uses shall be permitted as accessory to a permitted principal use in the I-1 Districts:

   (a)   Cafeterias or employee lunch rooms;

   (b)   Caretaker or watchman premises;

   (c)   Parking as regulated by Chapter 1957 of the Planning and Zoning Code;

   (d)   Signs as regulated in Chapter 1949 of this Code;

   (e)   Maintenance, storage and refuse buildings; and

   (f)   Water towers and radio or television antennae as regulated in Section 1951.02 of this Code.

At no time shall any of the uses listed above become the principal use on a lot in the I-1 district.

   (g)   Child day care facility serving the children or dependents of employees working on the premises.

   (h)   Health care, exercise rooms, gymnastic centers or bodybuilding centers serving employees working on the premises.

      (Ord. 7139-99. Passed 7-6-99.)

   The following performance standards shall apply to all uses permitted in the I-1 Districts. Noncompliance with one (1) or more of these performance standards shall be considered a violation of this Code.

   (a)   Fire hazards. Flammable or explosive materials shall only be permitted in structures having incombustible exterior walls.

   (b)   Radioactive or electrical disturbances. Radioactive emissions or electrical discharges shall be confined to the use and lot from which they originate.

   (c)   Noise. No use permitted in an I-1 District shall emit noise which when measured at the nearest residential district exceeds the average intensity of street traffc on the nearest residential street. In addition, no use permitted in an I-1 District shall emit intermittent or shrill noises which are perceptible at the nearest residential district.

   (d)   Vibration. Vibrations which are perceptible without the aid of instruments shall not be permitted beyond the lot occupied by the use generating such vibrations.

   (e)   Heat and/or glare. No use shall generate heat or glare which is perceptible without the aid of instruments at any point beyond the lot occupied by the use.

   (f)   Smoke. Smoke shall not be emitted for longer than eight (8) minutes in any hour which is of a shade equal to or darker than Number Three(3) on the Standard Ringelmann Chart as issued by the U. S. Bureau of Mines by any use in the I-1 district.

   (g)   Odors. No malodorous gas or matter shall be emitted by a use in the I-1 District which is discernible on any adJoining lot or property.

   (h)   Air pollution. No I-1 District use shall emit fly ash, dust, vapors or other substances which are harmful to health, animals, vegetation or other property or which can cause excessive soiling.

   (i)   Enclosure. All permitted main and accessory uses and operations, except off- street parking, shall be performed wholly within an enclosed building or buildings. All raw materials, finished products and mobile and other equipment shall be stored within enclosed buildings or within enclosed walls or fencing so as not to be visible from the street or adjacent properties.

      (Ord. 7139-99. Passed 7-6-99.)

   Structures in I-1 Districts shall not exceed thirty-five feet (35 ft.) in height. Chimneys, domes, elevator penthouses, skylights, spires, stacks, ventilators, or other necessary appurtenant features usually carried above roofs of structures, when erected upon and as an integral part of the proposed structure, may exceed the height limit but in no case shall such feature exceed forty-five feet (45 ft.) above the finished grade.

(Ord. 7139-99. Passed 7-6-99.)

   Front, side and rear yards of the sizes specified in the following schedule shall be provided on every lot occupied by a use or by uses permitted herein.

 

   All required yards in an I-l District, exclusive of paved areas, shall be planted with grass or other suitable groundcover. A minimum four foot area along the foundation of industrial buildings in the front yard shall be landscaped. Yards abutting residential districts shall be provided with an essentially opaque visual barrier no less than six feet (6 ft.) in height running the entire length of the lot line abutting the residential district. Such barrier may consist solely of plantings or a combination of plantings and landforms such as earthen berms.

(Ord. 7139-99. Passed 7-6-99.)

   (a)   Sexually oriented businesses may be located within an I-1 District according to the following:

      (1)   The proposed location shall be more than 500 feet from any place licensed for the sale of beer or intoxicating liquor for consumption on the premises;

      (2)   The proposed location is more than 500 feet from any other place licensed to operate a sexually oriented business;

      (3)   The proposed location is more than 500 feet from any residence district, or any structure used as a residence;

      (4)   The proposed location is more than 500 feet from any church;

      (5)   The proposed location is more than 500 feet from any primary or secondary school;

      (6)   The proposed location is more than 500 feet from any daycare center or nursery school;

      (7)   The proposed location is more than 500 feet from any hotel or motel;

      (8)   The proposed location is more than 500 feet from any public park or playground;

      (9)   The proposed location is more than 500 feet from any public library.

         (Ord. 7139-99. Passed 7-6-99.)

   The I-2 Industrial District, hereinafter referred to as “I-2 Districts” established and regulated for the following purposes:

   (a)   To provide suitable areas for those commercial and industrial uses which are appropriate for the City of Bedford in accordance with the objectives of the Comprehensive Plan as determined by its location and the character and intensity of its existing development; and

   (b)   To assure that industrial development in the City occurs in a fashion which meets the needs of industrial uses while respecting the environment associated with adjacent land uses.

   (c)   To provide for industrial lots to support and encourage the establishment of all types of general industrial, research, office and related types of production processes on spacious sites within well-designed buildings aesthetically grouped to create a campus-like atmosphere.

   (d)   To improve the general environment by prohibiting dwellings, institutions and public facilities in the Industrial Districts and, by so doing, to make land more readily available for industry.

   (e)   To promote the most desirable use of land in accordance with the objectives of the Comprehensive Plan.
(Ord. 7669-04. Passed 2-7-05.)

   The following are permitted principal uses in the I-2 District:

   (a)   Office uses

   (b)   (1)   Research and development laboratories related to product development and testing.

      (2)   Laboratories for experimental research and testing.

   (c)   Manufacturing, assembly and preparation of:

      (1)   Electronic or electrical components and equipment

      (2)   Furniture

      (3)   Clothing and other textile products.

      (4)   Automotive products or components

      (5)   Appliances including water heaters and furnaces.

      (6)   Pharmaceuticals.

      (7)   Scientific, medical, orthopedic and photographic instruments and equipment.

      (8)   Plastics; extrusion, molding and fabrication.

      (9)   Printed materials.

      (10)   Sporting goods, athletic equipment and toys.

      (11)   Uses of a similar nature as determined by the Planning Commission.

   (d)   Vocational Training Schools   

   (e)   Food and drink preparation: bakeries, canning, freezing, refrigeration, roasting, ice manufacturing, bottling works and creameries;

   (f)   Shops, business or sales offices or retail show rooms of contractors: carpentry, electrical, masonry, plumbing, heating, ventilating, air conditioning, painting, roofing and sheet metal, flooring or other similar disciplines provided that all storage of materials, trucks or equipment is completely enclosed within the building. (NOTE: Establishments for the wholesale of lumber and other building materials are prohibited.)

   (g)   Distribution Centers, which include not only the storage of products, but are fully staffed and include the shipping, receiving, sorting and distribution on a daily basis of various finished products.

      (Ord. 7669-04. Passed 2-7-05.)

   At no time shall any of the uses listed below become the principal use on a lot in the I-2 District. The following uses shall be permitted as accessory to a permitted principal use in the I-2 District:

   (a)   Cafeterias or employee lunch rooms

   (b)   Parking as regulated by Chapter 1957 of the Planning and Zoning Code

   (c)   Signs: industrial, project, real estate, identification, directional and nameplate, as defined and regulated in Chapter 1949 of this Code;

   (d)   Maintenance, storage and refuse buildings; and

   (e)   Radio or television towers or antennae as regulated in Section 1951.02 of this code.

   (f)   Child day care facility serving only the children or dependents of employees working on the premises.

   (g)   Health care, exercise rooms, gymnastic centers or bodybuilding centers serving employees working on the premises.

   (h)   Storage of finished products (or parts that are produced for distribution or shipment) within enclosed buildings and subsequent distribution of those materials and products produced in this District only if said storage is clearly accessory to the principal permitted use.

   (i)   Other accessory uses that may be deemed appropriate by the Planning Commission.

      (Ord. 7669-04. Passed 2-7-05.)

   Within any Industrial District, no buildings or structures shall be erected, used, arranged or designed to be used, in whole or in part, for any of the following uses, all other uses except as prohibited herein being permitted:

   (a)   Steel manufacture; asphalt or tar manufacture or refining or the mixing of such materials for street paving purposes; tar roofing or waterproofing manufacture; rayon manufacture; petroleum refining, rubber manufacture by reclaiming process; paper and pulp manufacture by sulphide process emitting noxious vapors and fumes; sulphurous, sulphuric, picric, nitric, hydrochloric acid manufacture or their use or storage, except as accessory to a permitted industry in conformance with best modern practice for prevention of fumes, smokes, odors and vapors; carbon, lampblack or graphite manufacture; creosote manufacture or treatment; lime, cement, gypsum or plaster of paris manufacture; coal tar manufacture or tar distillation or mineral dye manufacture except as an accessory to a permitted industry in conformance with best modern practice for prevention of fumes, smokes, odors and vapors; emery cloth or sandpaper manufacture; concrete manufacture or cement batching plant;

     (b)   Nuclear reactors and the disposal of nuclear or radioactive wastes and any other usage of dangerous radioactive materials provided that nothing in this paragraph shall be deemed to prohibit the storing or using of certain radioactive materials in the development, manufacture and testing of medical equipment in compliance with all State, Federal and local laws;

      (c)   Explosive or fireworks manufacture; bronze powder manufacture; coal gas manufacture, explosive or inflammable celluloid or pyroxlene products manufacture; match manufacture; nitrating processes;

   (d)   Repair establishments for automobile engines, body and paint and repair establishments for appliances or electrical or mechanical equipment.

   (e)   Storage yards or the sale of new lumber or other building materials.

   (f)   Veterinary offices or hospitals or any type of kennel or animal boarding facility.

   (g)   Commercial greenhouses.

   (h)   Facilities for the collection, sorting or redistribution of used metals, vehicles, automotive parts, household items, chemicals or any other used item.

   (i)   Smelting or founding of such metals as brass, bronze, tin, aluminum and other similar metals.

   (j)   Any type of sexually oriented business.

   (k)   Bulk distribution station for gas, oil or other volatile substances.

   (l)   Day care homes or centers or group homes for individuals of any age.

   (m)   Active and passive recreation and physical fitness facilities.

   (n)   The sale, rental, leasing, repair or storage of any new or used cars, trucks, trailers, busses, recreational vehicles, boats, or construction, farm or lawn and garden equipment.

   (o)   Single Family Dwellings, or any type of group home, boarding or lodging establishment.

   (p)   Buildings or structures used for meeting, congregating or worship by any clubs or organizations including fraternal, patriotic, benevolent, charitable, political or religious organizations and institutions; veterans groups; churches; Sunday schools; parish houses; public, private or parochial schools (except vocational schools); museums, art galleries and similar cultural institutions; and community centers.

   (q)   Any other trade, industry or use that will be injurious, hazardous, noxious or offensive to an extent equal to or greater than any one of the enterprises enumerated in the preceding paragraphs as shall be determined by the Planning Commission. In making such determination, the Planning Commission shall be given to the effect of such use or structure on neighboring property, the possible creation of public nuisances by reason of noise, smoke, wastes, odor, vibrations, lights, stream or ground pollution, safety hazards, traffic hazards, or any other potential danger or hazard as to the effect of such proposed use or structure on the public peace, health, safety, morals and welfare.

      (Ord. 7669-04. Passed 2-7-05.)

   The following performance standards shall apply to all uses permitted in the I-2 Districts. Noncompliance with one (1) or more of these performance standards shall be considered a violation of this Code.

   (a)   Fire hazards. Flammable or explosive materials shall only be permitted in structures having non-combustible exterior walls. The storage, handling and use of flammable or explosive materials shall be permitted only in structures having non- combustible exterior walls, and all operations in connection therewith shall be provided with adequate safety and protective devices against hazards of fire and explosion as well as with adequate fire-fighting and suppression equipment and devices standard to the operation involved.

   (b)   Radioactive or electrical disturbances. Radioactive emissions or electrical discharges shall be confined to the use and lot from which they originate. Disturbances shall not be created which would adversely affect any form of life or equipment at or beyond the boundaries of the lot occupied by the use.

   (c)   Noise. No use permitted in an I-2 District shall emit noise which when measured at any property line of the lot occupied by the cause of the noise exceeds the standards set forth in Section 511 of the Codified Ordinances.

   (d)   Vibration. Vibrations which are perceptible without the aid of instruments shall not be permitted beyond the lot occupied by the use generating such vibrations.

   (e)   Heat and/or glare. No use shall generate heat or glare which is perceptible without the aid of instruments at any point beyond the lot occupied by the use.

   (f)   Smoke. Smoke shall not be emitted for longer than eight (8) minutes in any hour which is of a shade equal to or darker than Number Three (3) on the Standard Ringelmann Chart as issued by the U.S. Bureau of Mines by any use in the I-2 District.

   (g)   Odors. No malodorous gas or matter shall be emitted by a use in the I-2 District which is discernible on any adjoining lot or property.

   (h)   Air pollution. No I-2 District use shall emit fly ash, dust, vapors or other substances which are harmful to health; animals, vegetation or other property or which can cause excessive soiling.

   (i)   Enclosure. All permitted main and accessory uses and operations, except patios, courtyards and off-street parking, shall be performed wholly within an enclosed building or buildings except for dumpsters as described in item (m) below. All raw materials, finished products and mobile and other equipment shall be stored within enclosed buildings or behind suitable barriers that effectively screen the storage from sight from the road. The Planning Commission shall review and approve all plans for outside storage of materials or equipment.

   (j)   Incineration Facilities. Incineration facilities emitting neither smoke nor odor shall be permitted within the I-2 zone.

   (k)   Trash and Garbage: No garbage, rubbish, waste matter or empty containers or pallets shall be permitted outside of buildings except for trash dumpsters as described in item (m) herein.

   (l)   Waste Materials. Liquid wastes generated by research and development, manufacturing, cleaning or any other process or operation shall not be discharged into an open reservoir, stream or other open body of water, or into any storm or sanitary sewer without the written permission of the Bedford Service Director or City Manager and unless treated or controlled so that the amount of solid substances, oils, grease, acids, alkalines and other chemicals shall not exceed the amount permitted by other codes of the State, County or City.

      (1)   Waste sampling. Industrial wastes discharged into the public sewers shall be subject to periodic inspection and a determination of character and concentration of such wastes. The determinations shall be made in the manner and as often as may be deemed necessary by the approving authority. Samples shall be collected by the representative of the Bedford Wastewater Treatment Facility in such a manner as to be representative of the composition of the wastes. Access to sampling locations shall be granted to the approving authority or its duly authorized representatives at all reasonable times.

      (2)   Analysis. Laboratory procedures used in the examination of industrial wastes shall be those set forth by the Superintendent of the Bedford Wastewater Treatment Plant, who is also referred to as the approving authority. However, alternate methods for certain analysis of industrial wastes may be used subject to mutual agreement between the approving authority and the person. Determination of the character and concentration of the industrial wastes shall be made by any qualified person or testing laboratory designated by the approving authority. The person whose wastes are being tested shall promptly reimburse the City for the taking of samples at the appropriate market rate for each day or part thereof that such samples are taken.

   The person or testing laboratory designated by the Superintendent of the Bedford Wastewater Treatment Plant for the testing of the samples shall submit its invoices for the costs of such testing directly to the person whose samples were tested, and such invoices shall be promptly paid thereafter directly to the tester.

   (m)   Dumpsters and Enclosures. A dumpster enclosure shielding the container from sight from all directions shall be provided on every site for every dumpster or trash container. Dumpster enclosures shall be constructed of brick masonry, split-face masonry units or textured, architectural pre-cast concrete panels corresponding with the main structure with a suitable gate constructed of opaque materials. Dumpsters enclosures shall only enclose dumpsters and shall not be used for miscellaneous storage.

   (n)   Underground utilities; No electrical services or wires and no telecommunications wires or equipment shall be run or placed above the surface of the ground other than the location of the entrance of the electrical or telecommunications service to the structure in any area of the I-2 district.

   (o)   Mechanical Equipment: All mechanical equipment must be placed on the building roof and shall be set back a minimum or fifteen (15) feet from any exterior wall. Such equipment may not exceed fifteen (15) feet in height and shall be screened from view from the road or from adjacent parcels by the parapet wall or other architectural screening.

   (p)   Drives, Aprons and Parking Areas; All aprons for commercial trucks or vehicles shall be constructed of reinforced concrete construction of the minimum thickness of 8-inches. Aprons serving drives used solely for private automobiles shall be constructed of a minimum thickness of 6-inches of reinforced concrete. All driveways and parking areas shall be constructed of either concrete or asphalt in a thickness and manner acceptable to the City Engineer. All streets and parking areas shall be provided with curbs and shall be striped. There shall be a maximum of one apron and driveway for car access and one apron and driveway for truck access per lot, each apron and driveway appropriately designed for the loads imposed.

   (q)   Building Facades; The exterior wall of each primary structure which faces the road and is considered the front of the building shall be constructed of brick masonry; split-face masonry; textured, architectural, pre-cast concrete panels or other quality material approved by the Planning Commission. Other sides of the structure shall be constructed of split face masonry, architectural pre-cast concrete panels, or other similar cementitious materials in colors which coordinate with the primary side materials. Primary or accessory pole buildings shall not be permitted, nor shall any buildings be equipped with exterior siding made of wood or wood by-products.

      (Ord. 7669-04. Passed 2-7-05.)

   All building heights and related setbacks shall be approved by the Bedford Planning Commission. No building height shall exceed 40 feet.

(Ord. 7669-04. Passed 2-7-05.)

   (a)   Definitions.

      (1)   Front Yard: The area bounded by the front lot or property line, the front building line, portions of the side property lines, and imaginary lines formed by a chord which intersects the side property line at a 90 degree angle and also intersects the adjacent front corner of the building.

      (2)   Rear Yard: The area bounded by the rear property line or lines, the rear building line, portions of the side property lines, and imaginary lines formed by a chord which intersects the side property line at a 90 degree angle and intersects the adjacent rear corner of the building, on each side of the building.

      (3)   Side Yard: The area bounded by the side property line, the side building line, and the chords which form the front and rear yard areas on each side of the building.

   (b) Front Yards.

      (1)   Minimum setback. The setback building line shall be at least 100 feet from the front lot line.

      (2)   Parking. The parking of private automobiles for employees, customers, and visitors is permitted in the area of a front yard, but not closer than 50 feet to the front lot line, and not closer than 6 feet from the building.

      (3)   Signs. Signage as described in Chapter 1949 shall be permitted within the front yard, but no closer to the front lot line than 10 feet. Signage located within 25 feet of drives shall be set back 20 feet from the front lot line so as to not block line-of-sight distance for vehicles exiting the driveway.

      (4)   Structures and storage prohibited. There shall be no building, enclosure or structure of any kind; no open storage of trailers or motor vehicles; no loading or unloading facilities; no towers or antennae; or no materials or equipment stored in the area of the front yard.

      (5)   Landscaping. The front yard of every industrial lot shall be landscaped, including the area extending to 6 feet in front of the building, the plans for which shall be submitted to and approved by the Planning Commission.

   (c) Side Yards.

      (1)   Minimum side yard. Where the side of a lot in the I-2 District abuts upon the side or rear of any residential lot, there shall be a side yard of 100 feet from the property line of the residential lot. Where a lot in the I-2 District abuts another lot in the I-2 District, there shall be a side yard of 25 feet. Where the side of a lot in the I-2 District abuts upon a side street, there shall be a side yard of 100 feet.

      (2)   Parking. The parking of private automobiles for employees, customers, and visitors is permitted in the area of a side yard, but no closer than 6 feet from the building and no closer than 50 feet to any residential lot or 10 feet to any other lot within the I-2 District. On a corner lot parking shall be setback 30 feet from the side street right of way.

      (3)   Structures and storage prohibited. There shall be no building or structure of any kind, or the open storage of commercial motor vehicles, materials or equipment in the area of the side yard unless specifically granted by the Planning Commission.

      (4)   Landscaping. There shall be provided a wall or solid screen planting of appropriate shrubs or other landscaping at least 42 inches high along the entire length of any parking lot as to effectively screen industrial operations and automobile parking from any abutting residential area. Plans for such wall or solid screen planting shall be submitted to and approved by the Planning Commission.

   (d) Rear Yards.

      (1)   Minimum rear yard. There shall be a rear yard of 50 feet in depth. Wherever the rear of a lot in an I-2 District abuts the side or rear of any residential lot, there shall be a rear yard of 100 feet in depth.

      (2)   Parking. The parking of private automobiles for employees, customers, and visitors and all truck or trailer parking or storage is permitted in the area of a rear yard, but no closer than 10 feet to any lot in an I-2 District and no closer than 50 feet to any residential lot. Loading facilities for trucks and other commercial motor vehicles shall be in the rear of the building unless approved otherwise by the Planning Commission.

      (3)   Structures and storage prohibited. There shall be no building or structure of any kind within the 50-foot required rear yard setback. Open storage of materials or equipment is not permitted in a rear yard except upon the application to and approval by the Planning Commission pursuant to sub- paragraph (d)(4) below.

      (4)   Landscaping. There shall be provided a barrier so as effectively to screen industrial operations and any storage of materials and equipment permitted upon application to and approval by the Planning Commission pursuant to sub-paragraph (d)(3) herein, from site from the road or from any adjoining lot. Such barrier may consist solely of masonry walls or a combination of walls, plantings and land forms such as earthen mounds. A similar barrier shall also be placed along the side of the lot at the building line where a lot in the I-2 District abuts upon a Street which provides access to adjacent residential properties. Plans for any wall or other barrier shall be submitted to and approved by the Planning Commission.

   (e)   Miscellaneous. 

      (1)   All permitted main and accessory uses and operations shall be conducted wholly within an enclosed building or buildings, the only exception being trucks in the process of loading and unloading in approved off-street loading spaces, automobile and truck parking, the storage of trash within approved dumpster enclosures or storage of equipment and materials in accordance with the following paragraph.

      (2)   Outdoor storage of equipment and materials may be allowed but only upon application to and approval by the Planning Commission. The Planning Commission shall review any application for such outdoor parking of trucks or storage of equipment or materials to determine the effect of such use on neighboring property, the possible creation of public nuisances by reason of noise, smoke, wastes, odor, vibrations, lights, stream or ground pollution, safety hazards, traffic hazards, or any other potential danger or hazard or effect on the public peace, health, safety, morals and welfare. The Planning Commission may approve or deny such application. In approving any such application, the Planning Commission may attach any such terms, conditions and requirements as it may deem necessary or desirous in order to insure that the public peace, health, safety, morals and welfare shall be protected.

   Any outside storage of equipment or materials so permitted by Planning Commission shall be screened from view by a suitable barrier. Such barrier may consist solely of masonry walls or a combination of masonry walls, plantings and land forms such as earthen mounds and shall be a minimum height of 8 feet, the plans for which shall first be approved by Planning Commission. Fences shall not be considered as a suitable barrier.

   (f)   Parking Yards. Off-street parking facilities shall be provided and maintained on the premises in the proportions found in Chapter 1957 of the Codified Ordinances. No vehicle shall be parked on other than an approved, paved surface.   

      (1)   All parking areas shall be screened by landscaping or buffers of at least 42 inches in height. Parking areas shall be appropriately landscaped (including landscape islands), the plans for which shall be submitted to and approved by the Planning Commission.

      (2)   Off-Street Loading Facilities.

         A.   There shall be provided on the same lot with every building or part thereof in the Industrial District adequate space for motor vehicles to load and to unload at the building, so as not to interfere during loading and unloading operations with the public use of the streets. Loading or unloading areas are not considered as parking areas and shall not be located on the front side of the building. The design and location of loading and unloading areas shall be submitted to and approved by the Planning Commission and shall be so located as to minimize the visual and audio effect on any adjoining lots.

         B.   Off-street loading facilities shall be provided in accordance with the following schedule:

 

 

         C.   Loading areas shall be appropriately screened by landscaping, the plans for which shall be submitted to and approved by the Planning Commission.

            (Ord. 7669-04. Passed 2-7-05.)

(Ord. 7669-04. Passed 2-7-05.)

   (a)   Preliminary Plans Required. Preliminary plans for a development shall be drawn at an appropriate scale and shall include;

      (1)   Site Plan. Parcel boundaries showing land owned and proposed for development, surrounding streets, adjoining streets, adjoining lots and their use and ownership;

      (2)   Buildings. Location, size, height and use of all proposed main and accessory buildings, the general design, materials and color and photos of the nearest building on adjoining lots and their use;

      (3)   Traffic. The proposed system of on-site vehicular circulation, details for access ways to streets and methods of traffic control;

      (4)   Parking Areas. The proposed design of all off-street parking areas and the type of pavement.

      (5)   Site Development. The design of landscaped yards, planting areas and barriers used for screening of storage or parking areas or adjoining residential areas, the size, location and type of all outdoor signs and exterior lighting; and

      (6)   Agreements. Preliminary drafts of all agreements, contracts, dedications, deed restrictions, sureties and other instructions as may be appropriate

   (b)   Final Development Plans: Consult Section 1911.03 of the Codified Ordinances of the City of Bedford for contents of the Final Plan.

   (c)   Approval of Plans. A preliminary development plan designed in accordance with the planning standards, regulations and criteria established in this Zoning Code shall be submitted to the Building Commissioner for review and approval. If found to be in general compliance with this and other sections of the Codified Ordinances of the City of Bedford, it shall be submitted to the Planning Commission for their review and approval. If the preliminary development plan, together with any modifications thereto proposed by the developer, is found by the Planning Commission to be in compliance with the requirements of the I-2 District and any other applicable parts of this Zoning Code, they shall approve such preliminary development plan within 30 days from the date of the meeting when all required plans and data have been received. If not found to be in compliance therewith, the Planning Commission may recommend revisions to be made by the developer who shall act on those recommendations and resubmit drawings and/or information within 90 days of notification by Planning Commission. Upon approval of a preliminary development plan, the developer shall, within 90 days of the preliminary approval, prepare and submit to the Building Commissioner a final development plan which shall include the final grading plan, detailed plans and specifications for all streets, storm and sanitary sewers, water distribution and all other site features per Section 1911.03, designed in accordance with the applicable ordinances of the City of Bedford. Upon receipt of a final development plan, the Building Commissioner shall transmit a copy of the final development plan, including detailed construction plans and specifications, to the City Engineer for his review, report and recommendation. The Engineer shall, within 30 days from receiving the final development plan, provide and furnish to the Building Commissioner a report upon the development plan’s compliance with those regulations within the jurisdiction of the Engineer. If, after evaluating the Engineer’s report, the Building Commissioner finds that a proposed final development plan is in accordance with and represents a detailed expansion of the preliminary plan heretofore approved, that it is in conformity with the provisions of this Zoning Code and the Building Code and that it complies with all of the conditions which may have been imposed in the approval of the preliminary plan or in the review of the final plan by the Engineer, the Building Commissioner shall approve such final plan. After approval, the developer shall, within 180 days of said approval, both apply for a building permit with the Building Commissioner and begin construction. In the event of a delay in the start of construction, the developer may, prior to the expiration of the aforementioned 180-day period, apply to the Building Commissioner for one additional 180-day extension.

   (d)   Revision: Lapse of Approval. The final development plan may be revised by the developer and resubmitted through the same procedure required for the original preliminary and final development plan. Failure to resubmit revised drawings or to begin the construction of all or a substantial portion of the improvements approved in the final development plan within 180 days after the issuance of a permit, or cessation of construction for longer than a 180 day period at any time during construction, shall render null and void the plan as approved unless an extension of time is granted by the Building Commissioner per item (b) above prior to any expiration.

      (Ord. 7669-04. Passed 2-7-05.)

   Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with the provisions of this Chapter is guilty of a misdemeanor of the first degree. A separate violation shall be deemed to have been committed each day during or on which a violation occurs or continues to occur.
(Ord. 7669-04. Passed 2-7-05.)

   It is the intent of this Chapter to maintain and enhance the distinctive character of the Historical Districts, hereinafter referred to as "H-1 Districts", by safeguarding the architectural integrity of individual historic structures and sites and by preventing the intrusion of incompatible development. Furthermore, it is an intent of this Chapter to achieve, among others, the following related objectives:

   (a)   To foster a sense of community identification and civic pride by preserving structures and sites which reflect periods and events in the history of the community and its region;

   (b)   To stimulate the local economy by protecting and strengthening those historical qualities of the district which can serve to attract customers, clients and potential employees; and

   (c)   To protect property values and safeguard the quality of life within the district by preventing environmental changes which diminish the district's unique historic and architectural character.

      (Ord. 7139-99. Passed 7-6-99.)

   H-1 Districts shall be established and amended in accordance with the standard procedures for amending the zoning map as set forth in the Planning and Zoning Code, hereinafter "Code". No H-1 District shall be established or amended prior to review by the Bedford Historic Preservation Board. In the same way, individual "Local Landmarks" may be recommended by the Bedford Historic Preservation Board for approval as historic landmark properties which are not located within an established historic district but which individually convey the same strong sense of period or history as is described for districts in Section 1943.07. In reviewing proposals for either historic districts or individual historic landmarks, the Board shall determine whether the structure or area in question satisfies the requirements for historic significance as defined in Section 1943.03 or Section 1943.07.

(Ord. 7139-99. Passed 7-6-99.)

   An H-1 District is a concise geographic area in which structures, spaces, streets and objects collectively convey a strong sense of a period or periods in history, generally at least fifty years (50 yrs.) in the past. The degree to which an area conveys a sense of history is dependent upon such factors as the following:

   (a)   The architectural and aesthetic quality of older buildings in the area;

   (b)   The prominence of modern development and other development which does not contribute to the area's historical character;

   (c)   The area's association with events or individuals significant in history; and

   (d)   The physical linkages which create a sense of place and cohesiveness throughout the area.

      (Ord. 7139-99. Passed 7-6-99.)

   H-1 Districts shall be shown on the "Zone Map of the City of Bedford" as "overlay" districts to be applied in conjunction with the "underlying" districts (such as "retail," "single-family residential," etc.). Provisions of the underlying district shall remain in effect except where inconsistent with the provisions of H-1 Districts.

(Ord. 7139-99. Passed 7-6-99.)

   Within the H-1 Districts, no building or other structure shall be erected, altered in exterior construction or appearance, enlarged, moved, or demolished unless such action complies with the provisions of this Chapter. The repainting of structures designated as a landmark or within an H-1 District shall also be governed by these regulations. Colors and multi-color schemes shall be subject to approval by the Historic Preservation Board.

(Ord. 7139-99. Passed 7-6-99.)

   Within the H-1 Districts, uses shall be permitted as established in the underlying zoning district.

(Ord. 7139-99. Passed 7-6-99.)

   In the administration of this chapter, the historic significance of a property shall be judged with respect to both the intrinsic significance of the subject property and its significance in contributing to the character of the district or area of the City. Specifically, a building, other structure or site may be deemed historically significant if it is at least fifty years (50 yrs.) in age and either:

   (a)   Embodies the distinguishing characteristics of an architectural style associated with the history of the community or region; or

   (b)   Is representative of the work of a notable architect or builder; or

   (c)   Is identified with important persons or events in the history of the community or region.

      (Ord. 7139-99. Passed 7-6-99.)

   The following procedures are established to govern the processing of applications for building permits and other municipal authorizations for "landmark" historic properties or properties located in H-1 Districts:

   (a)   Contents of Application. In addition to meeting application requirements established in this Code, applications governed by the provisions of this Chapter shall include the following elements:

      (1)   Color photograph(s). Showing the subject property in the context of adjoining properties.

      (2)   Sketch(es). Showing the nature of any construction or exterior alterations proposed indicating design, materials, colors, type of illumination and signs.

   (b)   Determination of Applicability. Upon receipt of an application for a building permit or other municipal authorization, the Building Commissioner shall use the standards of Section 1943.05 to determine whether the proposed action is governed by the provisions of this Chapter. If it is determined that the action is governed by such provisions, the Building Commissioner shall promptly transmit the application to the Bedford Historic Preservation Board.

   (c)   Standards for Review. The Bedford Historic Preservation Board shall evaluate the proposed action with respect to the design guidelines of Section 1943.09, as applicable.

The Board shall also consider the intent as expressed in Section 1943.01 and the definition of historic significance provided in Section 1943.07.

   (d)   Approval/Disapproval. Within thirty (30) days after acceptance of a complete application by the Building Commissioner; the Bedford Historic Preservation Board shall either approve, approve with modification or disapprove the application (unless the applicant authorizes an extension in time). However, for applications proposing the demolition or moving of buildings or structures, the Board's action shall be limited to either approval or "delayed approval" as prescribed in Section 1943.10.

   (e)   Approval of Nonconforming Proposals. For applications which do not conform to the guidelines of Section 1943.09, the Bedford Historic Preservation Board may grant approval if it determines that there is no reasonable conforming alternative to the proposal and that a strict application of the guidelines would deny the owner a reasonable rate of return on the subject property or account to a taking of property without just compensation. In considering such approval, the Board shall take into account the relative historic and architectural significance of the subject property.

   (f)   Notifications. The Bedford Historic Preservation Board shall notify the applicant in writing of the time and location of its meeting. Subsequent to that meeting, the Board shall notify the applicant in writing of its determination, stating reasons for a determination of disapproval.

   (g)   Appeal. As prescribed in Chapter 1901.

      (Ord. 7139-99. Passed 7-6-99.)

   In its review of applications, the Bedford Historic Preservation Board shall follow the Standards for Rehabilitation as established by the Secretary of the Interior and as set forth below.

   (a)   A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment.

   (b)   The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided.

   (c)   Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken.

   (d)   Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved.

   (e)   Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a property shall be preserved.

   (f)   Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical or pictorial evidence.

   (g)   Chemical or physical treatments, such as sandblasting, that cause damage to historical materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible.

   (h)   Significant archeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken.

   (i)   New additions, exterior alterations or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale and architectural features to protect the historical integrity of the property and its environment.

   (j)   New additions and adjacent or related new construction shall be undertaken in such manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.

   (k)   Signs: In addition to meeting this Code's requirements applicable to signs generally, signs located in H-1 Districts shall be compatible in color, material, placement and character with the architectural style of properties which reflect the district's history and are subject to the requirements of Sections 1949.13 through 1949.137.

      (Ord. 7139-99. Passed 7-6-99.)

   For applications proposing the demolition or moving of a building in H-1 Districts, the Bedford Historic Preservation Board is empowered to act in the following manner.

   (a)   Determination of Significance. The Board shall determine whether the proposed action will significantly detract from the district's historic character. The Board shall consider both the intrinsic significance of the building and its significance to adjoining properties and the district overall.

   (b)   Nature of Action. If the Board determines that the proposal will not significantly detract from the district's historic character, the Board shall approve the application. If the Board determines otherwise, the Board shall issue a "delayed approval," not to become effective for a period of ninety (90) days, or a lesser period as determined by the Board. This time period is provided to permit the Board, public agencies, civic groups, and other interested parties a reasonable opportunity to seek alternatives to the proposed action. Alternatives might include acquisition or moving of a property to be demolished.

      (Ord. 7139-99. Passed 7-6-99.)

   Nothing in this Chapter shall be construed to prevent or delay the reconstruction, alteration or demolition of a structure or feature which has been ordered by the Building Commissioner upon certification of an unsafe condition constituting an emergency. Similarly, nothing in this Chapter shall be construed to govern or restrict routine maintenance activities which do not represent an alteration in exterior appearance.

(Ord. 7139-99. Passed 7-6-99.)

   Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with Section 1943.06 of this Chapter is guilty of a minor misdemeanor provided the offender has not been previously convicted of a violation of this provision. If the offender has previously been convicted of a violation of this Chapter then such subsequent violation shall be a misdemeanor of the fourth (4th) degree. A separate violation shall be deemed to have been committed each day during or on which a violation occurs or continues to occur.

(Ord. 7139-99. Passed 7-6-99.)

   It is the intent of this Chapter to maintain and enhance the distinctive character of the H-D Historical Downtown District, hereinafter referred to as "H-D District," by safeguarding the architectural integrity of historic structures and sites and by preventing the intrusion of incompatible development. Furthermore, it is an intent of this Chapter to achieve, among others, the following related objectives:

   (a)   To foster a sense of community identification and civic pride by preserving structures and sites which reflect periods and events in the history of the community and its region;

   (b)   To stimulate the local economy by protecting and strengthening those historical qualities of the district which can serve to attract customers, clients and potential employees; and

   (c)   To protect property values and safeguard the quality of life within the district by preventing environmental changes which diminish the district's unique historic and architectural character.

   (d)   To promote pedestrian accessibility by grouping and clustering buildings in a compact layout and by discouraging uses that attract large-scale automobile and truck traffic that tend to discourage pedestrian traffic.

      (Ord. 7139-99. Passed 7-6-99.)

   The H-D district shall be amended in accordance with the standard procedures for amending the zoning map as set forth in the Planning and Zoning Code, hereinafter "Code." In addition, the H-D District shall not be amended prior to review by the Bedford Historic Preservation Board. In reviewing such proposals, the Board shall determine whether the geographic area in question satisfies the requirements for a historic district as defined in Section 1943.03.

(Ord. 7139-99. Passed 7-6-99.)

   Principal permitted uses within the H-D District are as follows:

   (a)   Up to six family dwellings provided the dwelling units are on the 2nd floor or above;

   (b)   Office buildings and offices for the practice of:

      (1)   Medicine

      (2)   Dentistry

      (3)   Law

      (4)   Architecture

      (5)   Accounting

      (6)   Insurance

      (7)   Real Estate

   (c)   Public utility offices

   (d)   Art studios

   (e)   Photographic studios

   (f)   Travel Agencies

   (g)   Banks and financial services

   (h)   Public Buildings

   (i)   Retail businesses for the convenient needs of the neighborhood to the following extent:

      (1)   Food stores, including groceries, delicatessens, candy or ice cream stores, restaurants, bakeries with baking limited to goods for retail sales on the premises, beverage stores, meat markets, dairy product stores and the like;

         (Ord. 7139-99. Passed 7-6-99.)

      (2)   Service establishment, such as shoe repair stores, photographic service stores, repair shops (excluding automotive) and similar services.

         (Ord. 9205-14. Passed 8-18-14.)

      (3)   Apparel stores, including men, women and children's clothing stores, haberdasheries, fabric and shoe stores;

      (4)   Drug stores;

      (5)   Other local convenient stores, engaging in the sale of jewelry, flowers, paint, gifts, cameras, books, sporting goods, optical goods, garden supplies, hardware and similar items.

   (j)   Commercial, public and accessory parking lots;

   (k)   The following uses, when occupying a completely enclosed building located at least one hundred feet (100 ft.) from a residential district;

      (1)   Printing, publishing, engraving or lithographing shop; and

      (2)   Laundry and dry cleaning shop.

   (l)   Public parks and playgrounds

   (m)   Display of goods or outdoor eating areas on sidewalk with Building Commissioner approval.

   (n)   Other similar business, service or professional establishments as deemed appropriate by the Planning Commission.

      (Ord. 7139-99. Passed 7-6-99.)

   Permitted accessory uses in the H-D District are other accessory uses customarily incidental to a permitted use, including signs as regulated in Chapter 1949.

(Ord. 7139-99. Passed 7-6-99.)

   (a)    Day care centers as defined in Section 1915.11;

   (b)    Tattoo Shops or Parlors;

   (c)    Body Piercing Shops or Parlors;

   (d)    Gambling establishments;

   (e)    Pawnshops;

   (f)    Businesses selling products commonly used for drug paraphernalia;

   (g)    Sexually oriented businesses, materials or videos;

   (h)    Pay day loan businesses who loan a small, short-term unsecured loan, regardless of whether repayment is linked to a borrowers pay day. Said loans are also referred to as "cash advances" or "title loans", though that term can also refer to cash provided against a prearranged line of credit such as a credit card, but can also rely on the consumer having previous payroll and employment records.

   (i)    Any use that is determined to be substantially similar to any of the above listed prohibited Uses;

   (j)    Any use that poses a general nuisance to the general public.

(Ord. 9562-18. Passed 2-20-18.)

   (b)    Beauty Salons;

   (c)    Colleges & Universities. (Ord. 9170-14. Passed 4-21-14.)

   Off-street parking and loading requirements within the H-D District shall be in accordance with Chapter 1957.

(Ord. 7139-99. Passed 7-6-99.)

   No structure shall exceed three (3) stories or forty-five feet (45 ft.) in height, except:

   (a)   In places of public assembly, such as churches, schools, and other permitted public and semi public buildings, which are not to exceed six (6) stories or seventy-five feet (75 ft.) in height; and

   (b)   In structures which may require appurtenances exceeding the height limit, as provided by Chapter 1951 and deemed necessary by the Board of Zoning Appeals.

      (Ord. 7139-99. Passed 7-6-99.)

   The following minimum requirements shall be observed in H-D Districts:

   (a)   Front yards. Along Broadway Avenue, each building or structure shall have no front yard setback. Each building or structure fronting on any other street shall have a front yard not less than six feet (6 ft.) from the beginning of the public right of way.

   (b)   Side yards. None, except when adjoining a residential district, then the minimum side yard will be the same as the least width required in that residential district.

   (c)   Rear yards. Each building or structure shall have a rear yard not less in depth than ten feet (10 ft.). Minimum rear yard will be the same as required in that residential district.

   (d)   Landscaping requirements. Whenever a side or rear yard is contiguous to residentially zoned land, said yard area shall be screened and landscaped in accordance with a plan approved by the Planning Commission utilizing any one or a combination of the following methods:

      (1)   Wall. A solid wall of masonry or other durable material not less than five feet (5 ft.) or more than six feet (6 ft.) in height. Such wall shall be located not closer than five feet (5 ft.) to the residential property line and shall be landscaped with grass, shrubbery or trees on the residential side of the wall as a buffer and screening. The wall and landscape planting shall be repaired, replaced and permanently maintained as necessary to provide a permanent, attractive and effective screen between the residential and commercial use. The wall shall be considered an exterior wall for purpose of construction and shall be installed as defined and required by the Building Code. Such wall shall be designed to conform and be compatible with the main structure in design and character.

      (2)   Planting. A strip of land not less than ten feet (10 ft.) in width shall be planted in a well designed manner with trees, shrubs, evergreen hedges and evergreens to form a dense compact screening. The plantings shall provide a visual screen of at least sixty percent (60%) during all seasons at a minimum height of six feet (6 ft.) above grade. All trees shall have a trunk at least three inches (3 in.) in circumference and approximately fifteen feet (15 ft.) in height.

         This area to be repaired, replaced and maintained as originally installed.

      (3)   Mound. A strip of land not less than fifteen feet (15 ft.) in width with earthen, rock or similar material or combinations shall be mounded and sculptured to a height of not less than five (5 ft.) above grade utilizing side slopes no greater than a 3:1 ratio. The entire fifteen feet (15 ft.) of side yard shall be landscaped with trees, shrubs, hedges and grass to form a screen which shall be maintained and necessary to provide a permanent, attractive and effective compatible separation of land use.

         (Ord. 7139-99. Passed 7-6-99.)

   Prior to the erection of any building or change in any use existing at the time of designation of the H-D District, the owners of such tract shall file with the Planning Commission, or in the case of a change of use, the Building Commissioner, and in all instances, the Historic Preservation Board, and receive approval thereof, a development plan showing the proposed general development of the area. The plan shall include or be accompanied by the following.

   (a)   Legal description and all property lines and topography.

   (b)   Location of existing and proposed buildings, streets, parking areas, utility and sewer facilities.

   (c)   Existing and proposed uses of all buildings.

   (d)   Existing or proposed development of property immediately adjacent to the area so as to show the relation of existing or proposed streets and uses to the proposed use of all buildings.

   (e)   Preliminary plans and elevations for any building for which a building permit or Certificate of Occupancy is to be applied for.

   (f)   Location and description of landscaping and screening as required by Section 1935.06(d).

   (g)   Color photographs showing the subject property in the context of adjoining properties.

   (f)   Sketch(es) showing the nature of any construction or exterior alterations proposed, indicating design, materials, colors, type of illumination and signs.

      (Ord. 7139-99. Passed 7-6-99.)

In considering and acting upon any development plan, the Planning Commission, Building Commissioner and the Historic Preservation Board shall require that the proposed plan comply with the Standards established by the Secretary of the Interior as well as other standards as follows:

   (a)   A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment.

   (b)   The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided.

   (c)   Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken.

   (d)   Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved.

   (e)   Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a property shall be preserved.

   (f)   Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical or pictorial evidence.

   (g)   Chemical or physical treatments, such as sandblasting, that cause damage to historical materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible.

   (h)   Significant archeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken.

   (i)   New additions, exterior alterations or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale and architectural features to protect the historical integrity of the property and its environment.

   (j)   New additions and adjacent or related new construction shall be undertaken in such manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.

   (k)   Signs: In addition to meeting this Code's requirements applicable to signs generally, signs located in H-D Districts shall be compatible in color, material, placement and character with the architectural style of properties which reflect the district's history and are subject to the requirements of Sections 1949.13 through 1949.137.

   (1)   Accessory Structures - Fences, walkways, streetlights, benches and other accessory structures shall be compatible in design with the prevailing character of the district.

   (m)   That safe and convenient traffic movement shall be assured within the area and in relation to adjoining streets.

   (n)   That the relation of buildings and uses in the area to each other and their relation to buildings and uses on adjoining property shall be such that no proposed building or use shall hinder nor discourage the appropriate development or use of any adjoining property or be inconsistent with permitted use of such property. The Planning Commission, Building Commissioner or Historic Preservation Board shall disapprove any permitted building or use if such building or use would hinder or discourage any permitted use, whether existing or future, in the surrounding more restricted zoning district.

   (o)   The Planning Commission, Building Commissioner or Historic Preservation Board may consider height, design, population density, traffic pattern, setback distance between buildings, landscaping features, walls or fences, or any other element which is related to possible impairment or discouragement of the appropriate use of adjoining property and to the public health, safety, convenience or comfort.

      (Ord. 7139-99. Passed 7-6-99.)

   The Planning Commission or Building Commissioner shall act on any development plan within sixty (60) days of the filing of such plan. During the sixty day time period, the plan shall be submitted to the Historic Preservation Board for their review and approval or modification. After approval or before the plan is modified by the Planning Commission, Building Commissioner or Historic Preservation Board, applications may be made for building permits or Certificates of Occupancy. Such permits or certificates shall be granted if the applicant conforms to the approved plans and to all other requirements of this Zoning Code. The development plan may be modified by the Planning Commission, Building Commissioner or Historic Preservation Board acting either on petition or on its own initiative, but cannot be so modified without notice to the owners of all the lands included in such plan.

(Ord. 7139-99. Passed 7-6-99.)

   Nothing in this Chapter shall be construed to prevent or delay the reconstruction, alteration or demolition of a structure or feature which has been ordered by the Building Commissioner upon certification of an unsafe condition constituting an emergency. Similarly, nothing in this Chapter shall be construed to govern or restrict routine maintenance activities which do not represent an alteration in exterior appearance.

(Ord. 7139-99. Passed 7-6-99.)

   For applications proposing the demolition or moving of a building in an H-D District, the Bedford Historic Preservation Board is empowered to act in the following manner.

   (a)   Determination of Significance. The Board shall determine whether the proposed action will significantly detract from the district's historic character. The Board shall consider both the intrinsic significance of the building and its significance to adjoining properties and the district overall.

      (b)   Nature of Action. If the Board determines that the proposal will not significantly detract from the district's historic character, the Board shall approve the application. If the Board determines otherwise, the Board shall issue a "delayed approval," not to become effective for a period of ninety (90) days, or a lesser period as determined by the Board. This time period is provided to permit the Board, public agencies, civic groups, and other interested parties a reasonable opportunity to see alternatives to the proposed action. Alternatives might include acquisition or moving of a property to be demolished.

      (Ord. 7139-99. Passed 7-6-99.)

   Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with the provisions of this Chapter is guilty of a minor misdemeanor provided the offender has not been previously convicted of a violation of these provisions. If the offender has previously been convicted of a violation of this Chapter then such subsequent violation shall be a misdemeanor of the fourth (4th) degree. A separate violation shall be deemed to have been committed each day during or on which a violation occurs or continues to occur.

(Ord. 7139-99. Passed 7-6-99.)

   It is the intent of this Chapter to provide regulations which:

   (a)   Permit the development of those parcels of land in the City which, because of unusual or extraordinary topographic or other physical conditions, cannot be developed under their current residential zoning without substantial cutting and filling or other environmentally destructive operations.

   (b)   Promote the development of the City's remaining vacant parcels in a manner substantially consistent with adjacent developed areas.

   (c)   Promote environmentally sound development throughout the City.

      (Ord. 7139-99. Passed 7-6-99.)

   The PRD Planned Residential Development, hereinafter referred to as a "PRD", may be applied to any parcel of land in the City zoned as residential provided such parcel cannot in the determination of Council, be developed in an efficient or environmentally sensitive manner using standard lot and street relationships. Any landowner seeking a PRD designation for a parcel of land shall submit to Council sufficient materials to determine that such parcel cannot be developed in a standard fashion; that the proposed project will constitute a residential environment of a sustained desirability and stability; that it will be in harmony with the character of the surrounding neighborhood and insure substantially the same type of occupancy as obtains or may be expected to obtain in such neighborhood; that it will result in intensity of land utilization no higher, and standards of open space at least as high as permitted or specified in this Code in the district in which the project is to be located; and that the project will be consistent with the intent and purpose of this Code to promote public health, safety and general welfare.
(Ord. 7139-99. Passed 7-6-99.)

   (a)   All regulations applicable to the residential districts not superseded by the regulations provided in this Chapter shall be in force for all PRD.

   (b)   When plans are submitted for underground housing, said plans shall be referred to the Planning Commission. The Planning Commission may, upon due consideration of all of the factors and guidelines contained in this chapter, amend any part of this Chapter, to allow for the development of sound underground housing. All plans approved by the Planning Commission shall conform to all building requirements of this Code to insure the health, safety and welfare of both neighbors and the ultimate occupants of these structures. Nothing in this section shall allow the Planning Commission to alter or increase any density requirements. Whenever a question arises, the Planning Commission may request additional detailed drawings and/or specifications to insure the safety of the development.
(Ord. 7139-99. Passed 7-6-99.)

   The minimum size of a PRD shall be three (3) acres.
(Ord. 7139-99. Passed 7-6-99.)

   The overall density of a PRD shall not exceed the maximum permissible densities in the R1 and R2 Districts which are as follows:

 

 

(Ord. 7139-99. Passed 7-6-99.)

   (a)   The following minimum distances shall be maintained between all residential structures in PRD by type of wall: