Blue Ash City Zoning Code
TITLE THREE
Zoning Administration
1121.01 MEANINGS OF WORDS AND PHRASES.
For the purpose of this chapter, certain terms and words are hereby defined. Words used in the present tense shall include the future; the singular number shall include the plural and plural the singular; the word "building" shall include the word "structure," the word "shall" is mandatory and not directory; the word "may" is a permissive requirement and the word "should" is a preferred requirement; the word "person" includes a firm, association, organization, partnership, trust, company, or corporation, as well as an individual; the words "used" or "occupied" include the words "intended, designed, or arranged to be used or occupied;" and the word "lot" includes the words "plot" or "parcel."
(Ord. 2017. Passed 1-26-17.)
1121.02 LIST OF DEFINITIONS.
A | |
Accessory use | A subordinate use which is incidental to and customary in connection with the principal building or use and which is located on the same lot with such principal building or use. |
Alteration | Any change, addition, or modification in construction or occupancy of an existing structure. |
Automotive Fueling Station | A place where gasoline, kerosene, electric charging, or any other conventional or alternative motor fuel or lubricating oil or grease for operating motor vehicles is offered for sale to the public and deliveries are made directly into motor vehicles, including greasing and oiling on the premises. Offering electric charge at a property secondarily to a primary use does not thereby define the primary use as an Automotive Fueling Station. |
B | |
Basement | A space having one-half (½) or more of its floor-to-ceiling height below the average level of the adjoining ground and with a floor-to-ceiling height of not less than six and a half (6½) feet. Also may be called a Cellar. |
Bed and Breakfast | A private owner-occupied residence with one to three guest rooms contained within that structure and operated so that guests reside at the home for a finite and temporary basis. No kitchen facilities may be provided for use by guests. |
Berm | A landscaped mound used to buffer a use from an adjoining property. |
Board | The Board of Zoning Appeals of the City of Blue Ash, Ohio. |
Brewery, Macro | Brewery that produces more than 15,000 barrels per year and may distribute outside of the region. Includes the production of ciders. |
Brewery, Micro | A limited-production brewery that produces less than 15,000 barrels per year and that typically produces specialty beers that are generally only sold locally. Includes the production of ciders. |
Brewery, Nano | A limited-production brewery that uses a three-barrel or smaller system. Includes the production of ciders. |
Brewpub | An establishment selling beer brewed on the premises and including a restaurant. |
Bufferyard | Open spaces, landscaped areas, fences, walls, berms or any combination thereof used to physically separate or screen one use or property from another so as to visually shield or block noise, lights or other nuisances. |
Building | Any structure having a roof supported by columns or walls designed or intended for the support, enclosure, shelter or protection of persons or property. |
Building, Main | The building on a lot occupied by the principal use. |
Building, Accessory | A subordinate building, the use of which is incidental to and customary in connection with the principal building or use and which is located on the same lot with such principal building or use. |
C | |
Chief Building Official | The Chief Building Official of the City of Blue Ash or an authorized representative. |
Child Day-Care | Administering to the needs of infants, toddlers, pre-school children, and school children outside of school hours by persons other than their parents or guardians, custodians, or relatives by blood, marriage, or adoption for any part of the twenty-four (24) hour day in a place or residence other than the child's own home. The following are child day-care facilities: |
Child Day-Care Center Any place in which child daycare is provided, with or without compensation, for thirteen (13) or more children at any time, or any place that is not the permanent residence of the licensee or administrator in which child day-care is provided, with or without compensation, for seven (7) to twelve (12) children at any one time. In counting children for the purposes of this definition, any children under six (6) years of age who are related to a licensee, administrator, or employee and who are on the premises shall be counted. | |
Type A Family Day-Care Home A permanent residence of the administrator in which child day-care is provided for four to twelve (12) children at any one time, if four (4) or more children are under two (2) years of age. In counting children for the purposes of this definition, any children under six (6) years of age who are related to a licensee, administrator, or employee and who are on the premises of the Type A home shall be counted. The term Type A family day-care home does not include a residence in which the needs of children are administered to, if all such children are siblings of the same immediate family and the residence is their home. | |
Type B Family Day-Care Home A permanent residence of the provider in which child day-care or child day-care services are provided for one to six (6) children at one time and in which no more than three (3) children may be under two (2) years of age at any one time. In counting children for the purposes of this definition, any children under six (6) years of age who are related to the provider and are on the premises of the Type B home shall be counted. The term Type B family day-care home does not include a residence in which the needs of children are administered to, if all such children are siblings of the same immediate family and the residence is their home. | |
City | The City of Blue Ash, Ohio. |
City Architect | The City Architect of the City of Blue Ash or an authorized representative. |
City Engineer | The City Engineer of the City of Blue Ash or an authorized representative. |
Clinic | An establishment occupied by one or more members of the healing professions including those for humans and domestic household animals. |
Club | A building or portion thereof or premises owned or operated by a corporation, association, person or persons for a social, educational or recreational purpose, but not primarily for profit or to render a service that is customarily carried on as a business. |
Commercial Breeder | A person, who for a fee or other consideration, maintains animals, reptiles, insects, or amphibians, for the purpose of breeding, selling, leasing, trades, barters, or auctions. This definition does not include hobby breeders, who typically breed a litter or two (2) every year as a hobby. |
Commission | The Planning Commission of the City of Blue Ash, Ohio. |
Community Development Director | The Community Development Director of the City of Blue Ash or an authorized representative. |
Comprehensive Plan | The Comprehensive Plan for the City of Blue Ash, Ohio, as adopted by Council. See also Land Use Plan. |
Council | The City Council of the City of Blue Ash, Ohio. |
Courtyard | An open unoccupied and unobstructed space, other than a yard, on the same lot with a building or group of buildings. |
D | |
Day-Care | An establishment providing continuous supervised temporary care for individuals under license by the State of Ohio. See also Child Day-Care. |
Density | The required land area for each dwelling unit. For single-family detached homes it shall be the required lot size per dwelling excluding any streets and public or private right-of-way. For multi-family dwelling units, it shall be the required area of land per dwelling unit as specified in this Code exclusive of any public utility easements, streets, and public or private right-of-way. |
Development | The division of land into two (2) or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; the mining, excavation, landfill, or land disturbance; and any use or extension of the use of land. |
Distillery, Macro | A place or establishment where the distilling of liquors is done on a large scale and such liquor is distributed for sale. |
Distillery, Micro | A small, often boutique-style distillery, established to produce beverage grade spirit alcohol in relatively small quantities, usually done in single batches. |
District | Any section of the City of Blue Ash within which the zoning regulations are uniform. |
Dwelling | A building or structure designed or occupied exclusively for residential use and permitted accessory uses for one or more households, but not including a tent, cabin, trailer, hotel, motel, fraternities, sororities, mobile home, or manufactured home. |
Dwelling, Multiple | A building, or portion thereof, designed for or occupied by three (3) or more dwelling units, each dwelling unit being the residence of a single household. |
Dwelling, Single-Family | A building or structure consisting of a single dwelling unit only, separated from other dwelling units by open spaces, but not including manufactured homes. |
Dwelling, Two-Family or Duplex | A building consisting of two (2) and no more than two (2), single household dwelling units which may be either attached side by side or one above the other, and each unit having either a separate or combined entrance or entrances. |
Dwelling Unit | Space within a dwelling comprising living, dining, and sleeping room or rooms, storage closets, as well as space and equipment for cooking, bathing, and toilet facilities, all used by one household. |
E | |
Engineer, City | A licensed civil engineer employed by contract or as a payroll employee of the City of Blue Ash, Ohio to represent the City in civil engineering matters. |
F | |
Farmers Market | An organized seasonal outdoor market containing six (6) or more independent vendors open to the public at which locally grown produce and flowers, value-added agricultural products, and fresh baked goods are sold by persons or their representatives who typically grow, harvest or process such items from their farm or agricultural operation. |
Fence | An assemblage of materials forming a barrier at grade between a lot and street or alley or between portions of a lot or lots. |
Frontage | The distance along a street line from one intersecting street to another or from one intersecting street to the end of a dead-end street. |
G | |
Garage, Private | A detached accessory building or portion of the main building housing or designed to house the automotive vehicles of the occupants of the premises. |
Garage, Public | A building or portion thereof other than a private or storage garage, designed or used for equipping, servicing, repairing, hiring, selling, storing or parking automotive vehicles. The term "repairing" shall not include the dismantling or storage of wrecked or junk vehicles. |
Garage, Storage | A building or portion thereof designed or used exclusively for term storage by prearrangement of automotive vehicles, as distinguished from daily storage furnished transients, and at which fuels and oils are not sold and vehicles are not equipped, repaired, hired or sold. |
Grade | The average level of the finished surface of the ground within five (5) feet of the face of a building for buildings more than five (5) feet from a street line. For buildings closer than five (5) feet to a street, the grade is the sidewalk elevation at the center of the building. If there is more than one street, an average sidewalk elevation is to be used. If there is no sidewalk, the City Engineer shall establish the sidewalk grade. |
Greenhouse | A glassed or translucent enclosure used for the cultivation or protection of plants. |
H | |
Height, Building | The vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip and gambrel roofs. Where the site is not flat, the height shall be measured from the average grade along the front of the building. |
Height, Fence | The vertical distance from the grade to the highest point of the fence. |
Height, Finished Floor | The vertical distance from the finished grade to the top of the first floor of a building. |
Height, Retaining Wall | The vertical distance from the grade to the highest point of the wall averaged for the length of the wall. |
Health/Recreation Facility | An indoor facility including uses such as game courts, exercise equipment, locker rooms, Jacuzzi and/or sauna and pro shop. |
Higher Learning Education Facility | Any private or public secondary educational institution that includes, but is not limited to: secretarial schools, colleges and universities, business schools, seminaries, or any other institution providing collegiate level curriculum. |
Home Occupation | An occupation, profession, activity, or use that is clearly a customary, incidental, and secondary use of a residential dwelling unit and which does not alter the exterior of the property or affect the residential character of the neighborhood. |
Hospice | A building or portion thereof used for the accommodation and care of terminally ill persons. |
Hospital | A facility providing physical or mental health services, inpatient or overnight accommodations, and medical or surgical care of the sick or injured. |
Hotel | A building in which lodging is provided and offered to the public for one or more days for compensation, and in which ingress and egress to and from all rooms are made through an inside office or lobby and under supervision at all times. As such, it is open to the public in contradistinction to a boarding house or a multiple dwelling. |
Household | A group of individuals not necessarily related by blood, marriage, adoption or guardianship, living together in a dwelling unit as a single unit. |
I | |
Industry | The storage, repair, manufacture, preparation, or treatment of any article, substance or commodity. |
Inspector | An inspector for the City of Blue Ash. |
Institution | A benevolent nonprofit establishment for public use. |
J | |
Junk | Machinery, scrap, iron, steel, or other ferrous and nonferrous metals, tools, implements or portions thereof, glass, plaster, cordage, building materials, or other waste that has been abandoned from its original use. |
Junk Yard | A place where waste, discarded or salvaged materials are bought, sold, exchanged, baled, packed, disassembled or handled, including auto wrecking yards, house wrecking yards, used lumber yards, and places or yards for storage of salvage house wrecking and structural steel materials and equipment; but not including such places where such uses are conducted entirely within a completely enclosed building. |
K | |
Kennel | An establishment licensed to operate a facility housing dogs, cats, or other household pets and where grooming, breeding, boarding, training, or selling animals is conducted as a business. |
L | |
Laboratory | A building or a portion of a building devoted to the experimental study in science, or the testing and analysis of chemicals, drugs, minerals, or other substances usually associated with scientific study. |
Laboratory, Medical or Dental | A building or a portion of a building devoted in use to providing bacteriological, biological, medical, X-ray, pathological and similar analytical or diagnostic services to doctors or dentists and where no fabrication is conducted on the premises except the custom fabrication of dentures. |
Land Use Plan | The Land Use Plan for the City of Blue Ash, Ohio, as adopted by Council. |
Landowner | The legal or beneficial owner or owners of all of the land proposed to be included in a development. The holder of an option or contract to purchase, a lessee or other person having an enforceable proprietary interest in such land, shall be deemed to be a landowner for the purposes of this Code. |
Landscaped Area | That part of a lot that is devoted to the growing of grass, shrubs, trees and other plant materials, including statuary, ponds, and ornamental features. All trees, shrubs, and other plants required in this Zoning Code shall be of first-class nursery grade. |
Library | A facility that contains books, periodicals, and other materials for reading, viewing, listening, study, or reference, that consists of a room, set of rooms, or building where such materials may be read or borrowed. |
Light, cutoff | An artificial outdoor light source designed to ensure that no light is directly emitted above a horizontal line parallel to the ground. |
Light, non-cutoff | An artificial outdoor light source designed to allow light to be directly emitted above a horizontal line parallel to the ground.  |
Loading Space | A space having a minimum dimension of twelve (12) feet by thirty-five (35) feet and a vertical clearance of fourteen (14) feet, unless such dimensions or clearance are varied by the Planning Commission or as otherwise provided for in this Zoning Code, within the main building or on the same lot providing for the standing, loading or unloading of trucks. |
Lot | Land occupied or intended for occupancy by a use permitted in this Zoning Code, including one main building, together with its accessory buildings and uses, the yards, parking and loading spaces required herein and having its principal frontage upon a street or upon an officially approved place.  |
Lot, Corner | A lot abutting upon two (2) or more streets at their intersection. |
Lot, Depth of | The mean horizontal distance between the front and rear lot line. |
Lot, Double Frontage | An interior lot having frontages on two (2) streets. |
Lot, Interior | A lot other than a corner lot. |
Lot, Irregular | Any lot that is not square or rectangular in shape, that has nonparallel side lot lines, or nonparallel front and rear lot lines and/or side lot lines that are not normal to the principal access street. |
Lot, Panhandle | A lot whose only owned access to the street is a narrow strip of land. The narrow strip of land known and referred to as the "panhandle" shall be defined as a strip of land displaying a minimum width at any point of twenty (20) feet and a maximum width of less than the minimum lot width required for building purposes. The owner of the lot shall own all parts of the lot including the panhandle. |
Lot Line | A line dividing one lot from another or from a street or alley.  |
Lot Line, Front | Any lot line that abuts a public right-of-way. In the case of a panhandle lot, the lot line that is adjacent to the strip of land that connects the buildable area to the right-of-way. |
Lot Line, Rear | The lot line that is opposite the front lot line. |
Lot Line, Side | Any lot line that is not a front or rear lot line. |
Lot, Minimum Area of | The area of a lot computed exclusive of any portion of the right-of-way of any public or private thoroughfare. |
Lot of Record | A lot that is a part of a subdivision, the map of which has been recorded in the office of the County Recorder, or a parcel of land, the deed of which was recorded in the office of the County Recorder prior to the adoption of this section. |
Lot Width | The horizontal distance between the side lot lines, measured along a straight line parallel to the front lot line at the setback line. |
M | |
Maneuvering Space | The unobstructed area needed for a truck to back, in a single movement, directly from the access street into a loading space, the depth of which is measured perpendicular to and from the front of such loading space to the curb side of the most remote traffic lane in the access street. |
Manufactured Home | Any home that is factory-built in the United States to the HUD Title 6 construction standards. It is built on a permanent chassis to ensure transportability. |
Manufacturing, Light | The assembling, altering, converting, fabricating, finishing, processing or treatment of a product utilizing a relatively clean and quiet process which does not include or generate objectionable or hazardous elements such as smoke, odor, vibration, water pollution or dust and which is operating and storing products and materials in a completely enclosed structure. |
Master Plan | See Comprehensive Plan |
Mixed-Use | A building, lot, or development that contains a mixture of uses including residential, commercial, office, and/or industrial uses. |
Mobile Home or Trailer | Any vehicle for carrying materials or to function as a dwelling unit and designed to be hauled, propelled, or transported along a highway, including camping trailers, house trailers, motor homes, tent trailers, boat trailers, materials trailers and farm wagons. For dwelling unit definition purposes, mobile homes include a structure of vehicular, portable design, originally built on a chassis and designed to be moved from one site to another, and to be used with or without a permanent foundation. All such units are not allowable as dwelling units within Blue Ash Zoning districts. |
Motel | A building in which lodging is provided and offered to the public for one or more days for compensation, with exterior ingress and egress. As such, it is open to the public in contradistinction to a boarding house or a multiple dwelling. |
Museum | A building, place, or institution devoted to the acquisition, conservation, study, exhibition, and educational interpretation of objects having scientific, historical, or artistic value. |
N | |
Non-Profit Use | A corporation or an association that conducts business for the benefit of the general public without shareholders and a profit motive and is exempt from taxation under Sec. 501 (c) (3), (4), (7), (8), (10), or (19) of the Internal Revenue Code, Title 26, United States Code, and/or incorporated under Chapter 1702 of the Ohio Revised Code pertaining to non-profit corporations. |
Nonconforming Structure or Premises | A structure or premises legally existing at the time of adoption of this Code or any amendment thereto and which does not conform to the area regulations of the Zoning Code. |
Nonconforming Use | A land use legally existing at the time of adoption of this Code or any amendment thereto and which does not conform to the use regulations of the Zoning Code. |
Nursing Home and Facilities | A facility that offers short and long-term care for individuals who need rehabilitation services or who suffer from serious to persistent health issues. Certificates of need are issued by the State of Ohio for bed units. Skilled nursing facilities do not include facilities providing surgical or emergency medical services, substance abuse programs, or mental health facilities. |
O | |
Office | A building or portion of a building wherein services are performed involving predominately administrative, professional or clerical operations. |
Office, Medical | Offices organized as a unified facility for licensed physicians, dentists, chiropractors, or other health care professionals providing diagnosis or care of sick or injured persons but are not provided with room and board and are not kept overnight on the premises. Medical services and medical clinics include medical and dental laboratories incidental to the medical office use. |
Open Space | An area of land or an area of water, or a combination thereof, that is designed for environmental, scenic, or recreational purposes. It may include buffer areas, active and passive recreation areas, wooded areas, water courses, and similar amenities. Open space shall not include off-street parking areas, streets, or part of road rights-of-way. |
Outdoor Dining | A porch, patio, deck or other area used for consumption of food and/or beverages by the public which is not completely enclosed within the exterior building walls, windows and doors of a limited restaurant, full service restaurant or a drinking establishment, and which may or may not have a solid roof cover. |
P | |
Parking Space | A durably surfaced area, unenclosed or enclosed in the main building or in an accessory building having an area of not less than 162 square feet, a minimum width of nine (9) feet and a minimum depth of eighteen (18) feet, exclusive of driveways, permanently reserved for the temporary storage of one automobile. |
Premises | Land together with any buildings or structures occupying it. |
Public Service Facility | The erection, construction, alteration, operation, or maintenance of buildings, power plants, or substations, water treatment plants or pumping stations, sewage disposal or pumping plants and other similar public service structures by a public utility, by a railroad, whether publicly or privately owned, or by a municipal or other governmental agency, including the furnishing of electrical, gas, rail transport, communication, public water and sewage services. |
R | |
Recreation Vehicle | A motor home, mobile home, house trailer, truck camper, boat, travel trailer, and or any other vehicle (e.g., van, pickup, camper, bus converted to motor home) which is principally designed and used for recreation purposes, as opposed to being regularly used for transportation purposes. |
Residential Group Home | A facility, licensed by the State of Ohio for six (6) or more residents, providing continuing care and twenty-four (24) hours per day supervision by qualified persons. A qualified person shall mean a person qualified by education, training and experience, or any combination thereof, for the position that they hold in the residential group home. |
Residential Senior Housing | Multi-family residential that is age restricted consistent with Housing and Urban Development (HUD) guidelines. |
Recycling Center | A building in which used material is separated and processed prior to shipment to others who will use those materials to manufacture new products. |
Religious Institution | An institution that a congregation of people regularly attends to participate in or hold religious services, meetings and other activities, including buildings in which the religious services of any denomination are held. |
Restaurant | A place where prepared food and beverages are served for consumption on the premises. |
Restaurant, Drive-In/ Drive-Thru | Restaurants that have as part of operations drive-in/drive-thru facilities in which food and/or beverages are dispensed directly to occupants of an automobile. |
Retail Sales | Any site that contains retail sales. |
Retail Sales, Large | Any site that contains retail sales and contains a building with any single-tenant space with more than 40,000 square feet of floor area. |
Retail Sales, Small | Any site that contains retail sales and contains a building with any single-tenant space with 40,000 square feet or less of floor area. |
Right-of-Way | A strip of land taken or dedicated for use as a public way. In addition to a roadway, it may incorporate curbs, lawn strips, sidewalks, lighting, and drainage facilities, and may include special features such as grade separation, landscaped areas, viaducts, and bridges. |
S | |
School, Private | Any school other than a public school, including schools owned and operated by a business establishment, a foundation or an institution, as well as private or parochial elementary, junior or senior high schools, or private and parochial colleges and universities. |
School, Public | Any school operated by a public school district or by a City, county, state or Federal government agency. |
Screen | Any shrubbery, hedges, trees, or other growth, fences, walls, retaining walls, structure or any tangible barrier or obstruction of material above the surface of the ground, with the purpose of preventing or minimizing the view of any object from a level line of sight. The height, width and length of the screen shall be such to minimize views of the structure, area, vehicle or item to be screened. The screen as herein defined may be located adjacent to the structure, area, vehicle, or item to be screened; may be located anywhere within the same lot or premises; or may be located on the perimeter of the lot or premises, providing that no horizontal line of sight from six (6) feet above the ground is possible from a point off the lot or premises. |
Secondary Road or Street | A public right of way intended for main travel within the City, as opposed to a street normally serving only interior subdivision traffic. |
Self-Service Storage Facility | A building or group of buildings consisting of individual, self-contained units that are leased or owned for storage of business and household goods or contractors' supplies. |
Separate Tract | A parcel of land or a group of contiguous parcels of land under one ownership on February 25, 1971. |
Setback | The minimum horizontal distance between any building or structure and the related front, side or rear property line. |
Sign | A name, word, letter, writing, identification, description, display model or illustration which is placed upon, affixed to, painted or represented upon a structure, or any part thereof, or in any manner upon a parcel of land or lot, and which publicizes an object, product, place, activity, service, person, candidacy, institution, organization or business. The word "sign" shall also include banners, pennants, insignia, commercial signs, bulletin boards, ground signs, poster billboards and electric signs, wherever placed. The word "sign" shall not include the following: |
A. Signs erected and maintained pursuant to and in discharge of any governmental function, or required by any law, ordinance, resolution, or governmental regulation. | |
B. The flag, pennant, or insignia of any nation, state, county, city, or other political unit, or of any political, educational, charitable, philanthropic, civic, professional, or religious campaign, drive, monument or event. | |
C. Signs not exceeding one square foot in area and bearing only property numbers, name of street, post office box numbers, or names of occupants of premises. | |
Sign, Area of | The total exterior surface of the portion of a sign that displays the message and any background that is integral to the message and differentiated from the building or structure to which it is attached, computed in square feet, of a sign having but one exposed exterior surface; one-half the total of the exposed exterior surface computed in square feet of a sign having more than one such surface. |
Sign, Building Identification | A sign that identifies the building on a site or the name of a development that contains multiple tenants. |
S (Continued) | |
Sign, Deteriorating | Any sign, which because of its construction, the length of time it has been displayed, or lack of maintenance, has become an eyesore or blighting influence. |
Sign, Ground | Any sign that is not attached to a building and that has a base that contacts the ground over at least eighty percent (80%) of the maximum width of the structure. |
Sign, Off-Premises | Any sign unrelated to a business or profession conducted, or a commodity or a service sold or offered upon the premises where such sign is located. |
Sign, On-Premises | Any sign relating to a business or profession conducted, or a commodity or service sold or offered upon the premises where such sign is located. |
Sign, Permanent | Any sign which is permanently affixed to a structure or mounted in the ground, not easily movable without disassembly because of construction and placement, and is not constructed from materials of temporary durability such that its use is for short duration. |
Sign, Pole | Any freestanding sign that is not a ground sign. |
Sign, Temporary | A sign intended for use for only a limited period of time and typically constructed of non-durable materials such as plastic, paper, wood, or fabric. |
Sign, Tenant Identification | A sign that identifies a tenant in a building or in a development that contains multiple tenant spaces. |
Sign, Wall | Any sign painted on or attached to and erected parallel to the face of, or erected and confined within the limits of, the outside wall of any building and supported by such wall or building and which displays only one advertising surface. |
Storage Container, Household | Any container less than forty (40) square feet than does not require a foundation and that is designed for storage of household equipment such as lawnmowers, garden tools and supplies, chainsaws, play equipment, grills, lawn furniture, and the like. |
Story | That portion of a building, other than a cellar, included between the surface of any floor and the surface of the floor next above it or, if there be no floor above it, then the space between the floor and the ceiling next above it. |
Story, Half | A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three (3) feet above the top floor level, and in which space not more than sixty percent (60%) of the floor area is finished off for use. A half-story may be used for occupancy only in conjunction with and by the occupants of the floor immediately below. |
S (Continued) | |
Street | All property dedicated or intended for public or private street, highway, freeway or roadway purposes or subject to public or private easements thereon. |
Street Line | A dividing line between a lot, tract or parcel of land and the public right of way of a contiguous street. |
Structural Alterations | Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams, or girders or any substantial change in the roof or in the exterior walls. |
Structure | Anything constructed or erected, the use of which requires permanent location on the ground or attached to something having a permanent location on the ground, including but without limiting, the generality of the foregoing, advertising signs, billboards, backstops for tennis courts, fences and pergolas. |
Structure, Temporary | Anything constructed or erected in a manner such that it provides the benefit of a permanent structure, but does not have a permanent foundation, is not permanently attached to the ground, and is not otherwise regulated by the Building Code. Temporary structures include tents, portable carports, temporary storage containers, temporary dumpsters, and the like, but do not include play equipment or household storage containers. |
Swimming Pool | Any receptacle for water, or an artificial pool of water having a depth at any point of more than two (2) feet, intended for the purpose of immersion or partial immersion therein of human beings, and including all appurtenant equipment. |
T | |
Taproom | A room in which alcoholic drinks, especially beer, are available on tap. |
Townhouse | A one, two, or more story dwelling unit that is connected to another dwelling unit by a common wall. |
V | |
Vehicle, Automotive or Motor | Any self-powered vehicle moving on wheels or runners used as a means of transport. |
Vehicle Repair, Major | General repair, rebuilding or reconditioning of engines, motor vehicles or trailers; collision service including body, frame, or fender straightening or repair; overall painting or paint shop; vehicle steam cleaning. |
Vehicle Repair, Minor | Replacement of parts and motor service to passenger cars and trucks not exceeding one and one-half (1½) tons capacity, but not including any operation named under Automotive Repair, Major, or any other similar operation. |
Vehicle Sales | The sale of new and/or used automotive and/or recreational vehicles, motor homes, horse trailers, boats or machinery. |
W | |
Warehouse incidental | The location or process of storing large quantities of goods so that they can be sold or used at a later date, where the area devoted to such location or process is less than 50 percent of the gross floor area of the building. |
Warehouse, primary | The location or process of storing large quantities of goods so that they can be sold or used at a later date, where the area devoted to such location or process is 50 percent or more of the gross floor area of the building. |
Warehouse, self-storage | A structure containing separate storage spaces, which may be of various sizes, leased or rented on an individual basis. |
Y | |
Yard | An open space on the same lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided in this Zoning Code. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the minimum horizontal distance between the lot line and the main building shall be used. |
Yard, Front | A yard extending the full width of the lot between a principal building and the front lot line. |
Yard, Rear | A yard extending the full width of the lot between a principal building and the rear lot line. On corner lots, the rear yard shall be considered as parallel to the street upon which the lot has the lesser dimension. |
Yard, Side | An open space between the front and rear yards of a lot and between the side lot lines and the main building or any projections thereof. |
Z | |
Zoning Code | |
(Ord. 2017-1. Passed 1-26-17; Ord. 2018-1. Passed 1-11-18; Ord. 2020-1. Passed 2-27-20; Ord. 2020-10. Passed 12-10-20; Ord. 2025-03. Passed 10-9-25.)
1123.01 PURPOSE.
The purpose of this Chapter is to identify that the provisions of this Zoning Code shall be interpreted and applied as the minimum requirements for the promotion of the public health, safety, and general welfare.
(Ord. 2017. Passed 1-26-17.)
1123.02 PERMITTED USES.
Except as hereinafter specifically provided, no building shall be erected, converted, enlarged, reconstructed, moved or structurally altered, nor shall any building or land be used, except for a purpose permitted in the district in which the building or land is located.
(Ord. 2017. Passed 1-26-17.)
1123.03 BUILDING HEIGHT, AREA, AND PARKING.
Except as hereinafter specifically provided, no building shall be erected, converted, enlarged, reconstructed or structurally altered except in conformity with the height, area, parking, loading and other regulations of the district in which the building is located.
(Ord. 2017. Passed 1-26-17.)
1123.04 YARDS AND OPEN SPACES.
Except as hereinafter specifically provided, the minimum yards and other open spaces, including lot area per single-family residence required by this Zoning Code for each and every building existing at the time of passage of this section or for any building hereafter erected, shall not be encroached upon or considered as part of the yard or open space required for any other building, nor shall any lot area be reduced below the requirements of this Zoning Code for the district in which such lot is located.
(Ord. 2017. Passed 1-26-17.)
1123.05 DWELLINGS ON LOTS.
Every single-family and two-family dwelling hereafter erected or structurally altered shall be located on a lot as defined in Chapter 1121 Definitions, and in no such case shall there be more than one main building on one lot.
(Ord. 2017. Passed 1-26-17.)
1123.06 MINIMUM REQUIREMENTS.
In interpreting and applying the provisions of this Zoning Code, they shall be the minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity, and general welfare. It is not intended by this Zoning Code to interfere with or abrogate or annul any easements, covenants or other agreements between parties, except that if this Zoning Code imposes a greater restriction, the Zoning Code shall control.
(Ord. 2017. Passed 1-26-17.)
1123.07 COMPREHENSIVE PLAN PURPOSES.
The Zoning Code has been written to implement the vision of the City's Comprehensive and/or Land Use Plan. It is designed to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to promote health and general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; and to facilitate the adequate provisions of transportation, water, sewerage, schools, parks and other public requirements. These regulations have been made with reasonable consideration, among other things, to the character of the district, and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City.
(Ord. 2017. Passed 1-26-17.)
1123.08 VALIDITY.
If any part or parts of this Zoning Code shall be held to be unconstitutional, such unconstitutionality shall not affect the validity of the remaining parts of the Zoning Code. The Council hereby declares that it would have passed the remaining parts of this Zoning Code if it had known that such part or parts thereof would be declared unconstitutional.
(Ord. 2017. Passed 1-26-17.)
1123.09 COURT DECISIONS AFFECTING PROPERTY USES.
Whenever a court declares, by a judgment or decree that is final, whether because no appeal or further appeal is taken from such judgment or decree, that the zoning of property is unconstitutional because it is too restrictive, the property affected shall thereupon be subject to the restrictions applicable to the next less restrictive district; provided however, the court, in such judgment or decree, declares that the property may be used for a particular use or uses because Council has no right to prohibit such use or uses on the property, then the property shall be subject to the restrictions applicable to the most restrictive district in which the particular use or uses, declared proper the court, are permitted.
(Ord. 2017. Passed 1-26-17.)
1123.10 SEVERABILITY.
Should any section or provision of these regulations be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the regulations as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid.
(Ord. 2017. Passed 1-26-17.)
1125.01 PURPOSE.
The purpose of this Chapter is to identify the authority of the review and decision-making bodies in the development review procedures established in the Development Review Procedures section.
(Ord. 2017. Passed 1-26-17.)
1125.02 SUMMARY TABLE OF REVIEW BODIES.
Table 1125 1: Summary Table of Review Bodies | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
H = Hearing (Public Hearing Required) M = Meeting (Public Meeting Required) R = Review and/or Recommendation | D = Decision (Responsible for Final Decision) A = Appeal (Authority to Hear/Decide Appeal) | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Procedure | Section Reference | Community Development Director | Board of Zoning Appeals | Planning Commission | City Council | Court of Common Pleas | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Zoning Text or Map Amendment | R | - | M-R | H-D | - | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Development Plan Review | R | A, 1st | M-D | A, 2nd | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Conditional Use Permit | R | A, 1st | M-D | A, 2nd | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Variances | R | H-D | - | A | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Appeals | R | H-D | - | A | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Planned Unit Development - Concept Plan | Chapter 1137 | R | - | M-R | H-D | - | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Planned Unit Development - Final Plan | R | - | M-R | - | -- | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(Ord. 2025-03. Passed 10-9-25.)
1125.03 CITY COUNCIL.
The membership, powers, terms, and qualifications prescribed to the City Council shall be as set forth in Article III - Council of the Charter for the City of Blue Ash.
(Ord. 2017. Passed 1-26-17.)
1125.04 PLANNING COMMISSION.
(a) Membership, Powers, Terms, and Duties. The membership, powers, terms, and duties prescribed to the Planning Commission shall be as set forth in Article XI - Planning Commission of the Charter for the City of Blue Ash.
(b) Additional Powers. In addition to those powers, terms, and duties set forth in Article XI, the Planning Commission shall review development plans for all new buildings to be erected and any substantial expansions of existing structures; except the following application types shall not be reviewed by the Board:
(1) Applications for one- or two-family residential units; and
(2) Applications for any building within an approved Planned Unit Development district.
Table 1125 2: Substantial Expansion Threshold | |
When an existing structure is...... | A substantial expansion is..... |
0 - 1,000 sq. ft. | 50% or greater |
1,001 - 10,000 sq. ft. | 40% or greater |
10,001 - 25,000 sq. ft. | 30% or greater |
25,001 - 50,000 sq. ft. | 20% or greater |
50,001 sq. ft. and larger | 10% or greater |
(Ord. 2025-03. Passed 10-9-25.)
1125.05 BOARD OF SITE ARRANGEMENT.
Membership. The Board of Site Arrangement shall have the same membership as the Board of Zoning Appeals established in Section 1125.06. The organization of the officers and the rules of procedure shall be same as the Board of Zoning Appeals.
(Ord. 2025-03. Passed 10-9-25.)
1125.06 BOARD OF ZONING APPEALS.
(a) The membership, powers, terms, and duties prescribed to the Board of Zoning Appeals shall be as set forth in Article XII - Board of Zoning Appeals of the Charter for the City of Blue Ash.
(b) Meetings. Meetings of the Board shall be held at the call of the Chairman, and at such other times as the Board may determine. The Chairman, or in his/her absence the acting Chairman, shall administer oaths to all witnesses. The Board shall compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of Council and shall be a public record.
(c) Powers.
(1) Powers of the Board of Zoning Appeals.
A. Variances. To hear and decide upon requests for variances from an eligible provision of this Zoning Code. The procedure for variance application and review is found in Section 1127.07.
B. Administrative Appeals. To hear and decide appeals where it is alleged that there is an error in any interpretation, judgement, determination, or decision by the Community Development Director or the Planning Commission in the administrative and/or enforcement of the provisions of this Zoning Code. The procedure pertaining to administrative appeals is found in Section 1127.08.
C. Expansion of a Nonconforming Use. To hear and decide requests for the expansion of a nonconforming use subject to Section 1139.05.
D. Location of District Boundary Lines in Question. Where the street or lot layout actually on the ground or as recorded differs from the street or lot lines as shown on the zoning map, the Board of Zoning Appeals, after due notice, shall interpret the map in a way as to carry out the intent and purpose of this chapter and map for the particular section or district in question.
(2) In exercising its jurisdiction it shall adopt from time to time such general rules and regulations relating to its procedure as it may deem necessary.
(d) Public Hearings and Meeting Procedure.
(1) Hearings and meetings of the Board of Zoning Appeals shall be public.
(3) The Board shall act by resolution, in which at least three members shall concur.
(4) Concise records and minutes shall be kept as to all official acts of the Board.
(5) The Board may recess such public hearings from time to time without making a final determination on the matter, and, if the time and place of the continued hearing is publicly announced at the time of the adjournment, no further notice shall be required.
(6) Any interested person may appear at the public hearing in person or by attorney.
(Ord. 2017. Passed 1-26-17.)
1127.01 PURPOSE.
The purpose of this Chapter is to establish development review procedures are herein established in order to ensure that the development and redevelopment of properties within Blue Ash is in conformance with the rules and regulations of this Zoning Code.
(Ord. 2017. Passed 1-26-17.)
1127.02 COMMON REVIEW REQUIREMENTS.
(a) Authority to File Applications. Unless otherwise specified in this code, development review plan applications may be initiated by:
(1) The owner of the subject property; or
(2) The owner's authorized agent; or
(3) The City of Blue Ash.
(Ord. 2017. Passed 1-26-17.)
1127.03 PUBLIC NOTIFICATION FOR PUBLIC HEARING.
(a) Notices for public hearings, whether by publication or written notice, shall at a minimum:
(1) Identify the location and size of the subject property by its address or by legal description and the nearest cross street;
(2) Indicate the date, time, and location of the public hearing;
(3) Describe the nature, scope, and purpose of the application;
(4) Identify the location where the public may view the application and related documents; and
(5) Include a statement that the public may appear at the public hearing, be heard, and submit written comments with respect to the application.
(b) Public Notice Requirements. Notification requirements for public hearings shall be provided as defined in Table 1127 1: Public Notice Requirements.
Table 1127 1: Public Notice Requirements | ||||
Procedure | Section Reference | Published Notice | Written Notice | Notification Requirements |
Zoning Text or Map Amendments | Published on City of Blue Ash website no later than 30 days prior to the date of the public hearing | Postmarked no later than 10 days prior to the date of the public hearing | Written notice shall be sent to owners of property within and contiguous to and directly across the street from the subject property(s) | |
Conditional Use Permits | None | Postmarked no later than 10 days prior to the date of the public hearing | Written notice shall be sent to owners of property within and contiguous to and directly across the street from the subject property(s) | |
Variances | None | Postmarked no later than 10 days prior to the date of the public hearing | Written notice shall be sent to owners of property within and contiguous to and directly across the street from the subject property(s) | |
Appeals | 1127.08(a) | None | Postmarked no later than 10 days prior to the date of the public hearing | Written notice shall be sent to owners of property within and contiguous to and directly across the street from the subject property(s) |
Planned Unit Development - Concept Plan | Chapter 1137 | Published on Blue Ash website no later than 30 days prior to the date of the public hearing | Postmarked no later than 10 days prior to the date of the public hearing | Written notices shall be sent to owners of property within 200 feet of the subject property(s) |
(Ord. 2025-03. Passed 10-9-25.)
1127.04 ZONING TEXT AND MAP AMENDMENTS.
(a) Procedure. Council may, from time to time, on its own motion, on recommendation by the Planning Commission, or on petition, after public notice and hearing as provided by law and after report by the Commission, amend, supplement or change the boundaries or regulations herein or subsequently established. In case the Commission disapproves the proposed change, such report is received from the Commission in sixty (60) days; it may be assumed that the Commission has disapproved the amendments.
(b) Deposit Required; Exception. Before any action shall be taken as provided in this section, any part or parties, other than members of Council or the majority of Planning Commission, proposing or recommending a change in the district regulations or district boundaries shall deposit with the City Treasurer such sum as Council determines by ordinance or resolution. The deposit shall cover part of the cost of this procedure, and under no condition shall such sum or any part thereof be refunded for failure of such change to be adopted by Council. Any member of Council, or the majority of Planning Commission, proposing or recommending a change in the district boundaries may do so without deposit or payment.
(Ord. 2017. Passed 1-26-17.)
1127.05 DEVELOPMENT PLAN REVIEW.
(a) Procedure.
(1) Upon receipt for a building permit for any building, except for a one- or two-family residence or for any building within an approved Planned Unit Development district, the Community Development Director or other authorized representative shall forward the application to the Planning Commission, together with the recommendations regarding action on the application.
(2) The Commission shall act upon such application within thirty-one (31) days after the Community Development Director or authorized representative has received the application unless the applicant agrees to an extension of time. If no extension is agreed to and if no action is taken by the Commission in thirty-one (31) days, the Community Development Director may issue the permit.
(3) Any action of the Commission may be appealed to the Board of Zoning Appeals by any party affected by such a decision. Such appeal shall be perfected by filing the appeal form with the Community Development Director within thirty-one (31) days of the decision of the Commission. The appellant shall specify in writing the basis upon which the appeal is taken. The Board shall set the public hearing on the appeals within thirty (30) days of receipt. The Board may affirm, reverse, vacate, or modify the decision of the Commission upon such an appeal.
(b) Development Plan Requirements. The applicant shall submit a plan drawn to scale showing the following information:
(1) Vicinity map;
(2) North arrow;
(3) Existing property lines of subject and adjacent properties, including names of owners of record;
(4) Zoning designation of subject and adjacent properties
(5) Detention basin location and outlet points, if applicable;
(6) Existing structures and pavement areas;
(7) Proposed structures and pavement areas;
(8) Plat prepared by a registered surveyor;
(9) Existing storm and sanitary sewers, water mains, culverts and other underground structures;
(10) Proposed storm and sanitary sewers, water mains, culverts, and other underground structures;
(11) Proposed contours at two (2) foot maximum;
(12) Proposed structures, including footprint area and elevations;
(13) Parking and sidewalk areas, including drive aisle and parking space dimensions;
(14) Landscaping, including species, quantity, and sizes;
(15) Trash facilities, including dumpster pad and enclosure details;
(16) Lighting, including fixture types, size, and a photometric plan;
(17) Building elevations, all sides, including materials and colors. Samples boards may be provided if determined necessary by the applicant.
(18) Proposed signage, including size and height.
(19) Professional Engineer's and/or Architect's stamp and signature; and
(20) Any other such reasonable requirements as determined by the Community Development Director.
(c) Decision.
(1) The Planning Commission shall view the site of proposed buildings and building changes and shall consider the effect of the proposed buildings or changes upon natural drainage, light, air, and access to adjacent property, the usefulness and value of adjoining lands and the most appropriate development of the locality and the City.
(2) The Commission shall refuse approval of an application if the proposal would result in a building that would be detrimental to the health, safety, or public welfare, or that would create a substantial injury to the neighborhood or depreciate the then existing value of adjacent or nearby property.
(3) The Commission may grant conditional approval of an application after specifying necessary changes or conditions. The Commission may not approve an application that would result in a violation of the Zoning Code or of any other ordinance or regulation. The concurring vote of three members of the Commission shall be necessary to approve an application. All such approvals shall be granted at a public meeting of the Commission. All meetings of the Commission shall be open to the public and held at specified times and places. It shall not be necessary for the Commission to hold formal public hearings on applications; however, the Commission may do so on its own volition. (Ord. 2025-03. Passed 10-9-25.)
1127.06 CONDITIONAL USE REGULATIONS.
(a) Permit Authorization and Issuance. The Planning Commission, by conditional use permit, and subject to such protective restrictions as it deems necessary, may authorize the location, extension, or structural alteration of any one of the buildings or uses listed in each district as a conditional use. Conditional use permits may be issued to tenants and operators and/or property owners.
(b) Application for Conditional Use Permit.
(1) A written application shall be filed with the Community Development Division, together with a filing fee, to obtain a conditional use permit for the uses listed in each district as a conditional use or for uses previously issued a special or conditional use permit where alteration or an extension is requested.
(2) Upon receipt of an application, together with a site plan and necessary descriptive material of the entire parcel, the Community Development Director or other authorized representative shall submit the application to the Planning Commission.
(c) Planning Commission Review. The Planning Commission shall review the application based on the conditions set forth in Section 1127.06(e), along with any use-specific conditional use criteria that may be applicable, and shall approve, approve with modifications, or disapprove the application and submit a report of its recommendations to Council.
(d) General Criteria for Reviewing Applications. In considering whether or not such application for a conditional use permit should be granted, it shall be the duty of the Planning Commission and Council to give consideration to the effect of the requested use on the health, safety, and general welfare of the residents of the area in the vicinity of the property in question and the residents of the City generally. In considering the conditional use, the Commission and Council should consider the following:
(1) The compatibility with surrounding uses and compatibility with the surrounding neighborhood, including, but not limited to, whether the adjacent property values may be adversely affected.
(2) The comparative size, floor area and mass of the proposed structure(s) in relationship to adjacent structures and buildings in the surrounding properties and neighborhood.
(3) The frequency and duration of various indoor and outdoor activities and special events and the impact of these activities on the surrounding area.
(4) The number of transit movements generated by the proposed use and relationship to the amount of traffic on abutting streets and on minor streets in the surrounding neighborhood, not in terms of the street's capacity to absorb the additional traffic, but rather in terms of any significant increase in hourly or daily traffic levels.
(5) The capacity of adjacent streets to handle increased traffic in terms of traffic volume.
(6) The added noise level created by activities associated with the proposed use and the impact of the ambient noise level of the surrounding area and neighborhood.
(7) The requirements for public services where the demands of the proposed use is in excess of the individual demand of adjacent land uses in terms of police and fire protection, and the presence of any potential or real fire or other hazards created by the proposed use.
(8) The effect on the general appearance of the neighborhood by the location of the proposed use on the parcel.
(9) The impact of night lighting in terms of intensity and duration and frequency of use as it impacts adjacent properties and in terms of presence in the neighborhood.
(10) The impact of the landscaping of the proposed use in terms of maintained landscaped areas versus areas to remain in a natural state, and the openness of landscaped versus the use of buffers and screens.
(11) The impact of a significant amount of hard-surfaced areas for buildings, sidewalks, drives, parking areas and service areas in terms of noise transfer, water runoff and heat generation.
(12) The potential for the proposed use to remain in existence for a reasonable period of time and not become vacant or unused. Consideration should also be given to unusual single purpose structures or components of a more temporary nature.
(13) Any other physical or operational feature or characteristic that may affect the public health, safety and welfare.
(e) Extension and Revocation. The Planning Commission may grant an extension of all or any part of a conditional use permit if any approved conditional use permit is not exercised and put into use within twelve (12) months of the date of approval. The Commission may revoke a conditional use permit for failure of compliance with the regulations and restrictions of the Zoning Code or the requirements of the conditional use permit.
(f) Minor Variations. The Planning Commission has jurisdiction to approve minor variations from the conditional use plan provided that the variations shall remain in harmony with the general purpose and intent of the approved plan and the ordinance approving such plan.
(g) Enforcement and Penalty. This section is subject to enforcement and penalty as specified in Section 1127.09 Enforcement.
(Ord. 2025-03. Passed 10-9-25.)
1127.07 VARIANCES.
(a) Area Variances. The Board of Zoning Appeals may authorize area variances from the terms of this Zoning Code that are not contrary to the public interest according to the following procedures:
(1) Definition. Area variances shall be considered those variances from a zoning regulation that establishes minimum or maximum areas, heights, distances, separation volume or any other measurement, which is expressed in terms of a geometric measurement.
(2) Application requirements. An application for an area variance shall be filed with the Community Development Director for review by the Board of Zoning Appeals upon the forms provided, and shall be accompanied by the following requirements necessary to convey the reason(s) for the requested variance:
A. Name, address and phone number of applicant(s);
B. Proof of ownership, legal interest or written authority;
C. Description of property or portion thereof;
D. Description or nature of variance requested;
E. Narrative statements establishing and substantiating the justification for the variance;
F. Site plans, floor plans, elevations, and other drawings at a reasonable scale to convey the need for the variance;
G. Payment of the application fee;
H. A list of all property owners lying within 300 feet of any part of the property on which the variance is proposed, including their addresses; and
I. Any other documents deemed necessary by the Community Development Director.
(3) Review for Completeness. Upon receipt of a written request for an area variance, the Community Development Director shall make a preliminary determination whether such application provides the information necessary for review and evaluation. If it is determined that such application does not provide the information necessary for such review and evaluation, the Community Development Director shall within ten days so advise in writing the applicant of the deficiencies and shall not further process the application until the deficiencies are corrected. If the applicant fails to correct such deficiencies within twenty (20) days of the date of the written notice from the Community Development Director or such reasonable extension granted from the twenty (20) days deadline, then such appeal shall be dismissed as not being timely filed.
(4) Review by the Board. The Board of Zoning Appeals shall hold a public hearing and give notice of the same pursuant to Section 1127.03. The Board shall review each application for an area variance to determine if it complies with the purpose and intent of this Zoning Code and evidence demonstrates that the literal enforcement of this Zoning Code will result in practical difficulty. The following factors shall be considered and weighed by the Board to determine practical difficulty:
A. Whether special conditions and circumstances exist which are peculiar to the land or structure involved and which are not applicable generally to other lands or structures in the same zoning district. Examples of such special conditions or circumstances are exceptional irregularity, narrowness, shallowness or steepness of the lot, or adjacency to non-conforming and inharmonious uses, structures, or conditions;
B. Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance;
C. Whether the variance is substantial and is the minimum necessary to make possible the reasonable use of the land or structures;
D. Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer substantial detriment as a result of the variance;
E. Whether the variance would adversely affect the delivery of government services such as water, sewer, or trash pickup;
F. Whether the property owner purchased the property with knowledge of the zoning restrictions;
G. Whether special conditions or circumstances exist as a result of actions of the owner;
H. Whether the property owner's predicament feasibly can be obviated through some method other than a variance;
I. Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting a variance; and
J. Whether the granting of the variance requested will confer on the applicant any special privilege that is denied by this regulation to other lands, structures, or buildings in the same district.
(5) Requests for Additional Information. The Board of Zoning Appeals may request that the applicant supply additional information that the Board deems necessary to review and evaluate the request for a variance.
(6) Additional Conditions and Safeguards. The Board may further prescribe any conditions and safeguards that it deems necessary to ensure that the objectives of the regulation(s) or provision(s) to which the variance applies will be met.
(7) Action by the Board. The Board shall approve, approve with conditions as specified in, or disapprove the request for an area variance. In no case shall the Board of Zoning Appeals approve a variance that establishes a nonconforming use of land, building, or structure where one had not previously existed.
(8) Term and Extension of the Variance. Area variances shall be non-assignable without the written approval of the Board of Zoning Appeals and shall expire one year from the date of the variance issuance, unless prior thereto, the applicant substantially initiated work within one year in accordance with the granted variance or an extension of time has been granted by the Board of Zoning Appeals.
A. Substantially Initiated. Substantially initiated shall mean expending monies towards completing the project equal to at least twenty-five percent (25%) of the value of the total work to be performed. A variance shall also expire if the applicant fails to substantially complete the work within two years from the date of the variance issuance.
B. Substantially Completed. Substantially Completed shall mean expending monies towards completing the project equal to at least ninety percent (90%) of the value of the total work to be performed. Once the time limit pursuant to this section has expired, a request for a variance shall be considered to be a new application for a variance and shall meet all requirements for application and review pursuant to this section. Area variances approved in conjunction with a site plan shall remain valid for a one-year period.
(b) Use Variances. The granting of use variances shall be prohibited. An applicant seeking to use a structure or parcel of land in a manner that is not consistent with the permitted uses or conditional uses for the zoning district in question, may seek a change in land use through an amendment of the zoning map or zoning text following the procedures set forth in Section 1127.04.
(Ord. 2017. Passed 1-26-17.)
1127.08 APPEALS.
(a) Appeals to the Board of Zoning Appeals of Decisions of the Community Development Director or Other Authorized Representative or of Decisions of the Planning Commission.
(1) May be taken by any person aggrieved.
(2) Such appeal shall be taken within twenty-one (21) days after the decision by filing with the officer from whom the appeal is taken and with the Board a notice of appeal specifying the grounds thereof.
(3) The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
(4) The Board shall fix a reasonable time for the hearing of the appeal, give at least ten (10) days notice to the parties in interest, and decide the same within a reasonable time after it is submitted. Upon the hearing, any party may appear in person or by attorney.
(b) Appeals to the Hamilton County Court of Common Pleas of Decisions of the Board of Zoning Appeals.
(1) Such appeal to the Court of Common Pleas shall be completed by filing the appeal form with the Clerk of Courts within thirty (30) days of the decision of the Board or as provided by the Ohio Revised Code.
(Ord. 2025-03. Passed 10-9-25.)
1127.09 ENFORCEMENT.
(a) Responsibilities and Duties. It shall be the duty of the City Manager or his/her designee to enforce the Zoning Code. The City Manager may assign such enforcement to the Community Development Director and other inspectors of the City, who shall:
(1) Receive applications required by the Zoning Code;
(2) Issue permits;
(3) Furnish the prescribed certificates;
(4) Examine premises for which permits have been issued;
(5) Make necessary inspections to see that the provisions of law are complied with;
(6) Enforce all laws relating to the construction, alteration, repair, removal, demolition, equipment, use and occupancy, location and maintenance of building and structure except as may be otherwise provided for;
(7) Make investigations in connection with matters referred to in the Zoning Code and render written reports on the same; and
(8) For the purpose of enforcing compliance with law, issue such notices or orders as may be necessary.
(b) Inspections. Inspections shall be made by the Community Development Director or duly appointed inspector.
(c) Records. The City Manager shall direct that comprehensive records are kept of applications, permits issued, certificates issued, inspections made, reports rendered, and notices or orders issued; that copies are retained on file of all papers in connection with building work so long as required by law. All such records shall be open to public inspection at reasonable hours, but shall not be removed from the offices of the Community Development Division of the City.
(d) Permit Form, Conditions, and Procedure.
(1) When Required. It shall not be lawful to construct, alter, repair, remove or demolish, or to commence construction, alteration, removal, or demolition of a building or structure, without first filing with the Community Development Division of the City an application in writing and obtaining a formal permit.
(2) Form. An application for a permit shall be submitted in such form as the Community Development Division may prescribe. Such application shall be made by the owner or lessee, or agent of either, or the architect, planner, engineer or builder employed in connection with the proposed work. If such application is made by a person other than the owner in fee, it shall be accompanied by a duly verified affidavit of the owner in fee, or the person making the application that the proposed work is authorized by the owner in fee and that the person making the application is authorized to make such application. Such application shall contain the full names and addresses of the applicant and of the owner, and, if the owner is a corporate body, of its responsible officers. Such application shall describe briefly the proposed work and shall give such additional information as may be required for an intelligent understanding of the proposed work. Such application shall be accompanied by payment of authorized fees.
(3) Plans. Application for permits shall be accompanied by such drawings of the proposed work, drawing to scale, including such floor plans, sections, elevations, and structural details as may be required.
(4) Plot Diagram. There shall also be filed a plot diagram in a from and size suitable for filing with the permit record, drawing to scale, with all dimensions figured, showing accurately the size, the exact location of all proposed new construction or, in the case of demolition, of such construction as is to be demolished, and of all existing buildings and structures that are to remain. This shall be prepared by and signed by a registered surveyor, engineer, or architect.
(5) Changes. Nothing in this section shall prohibit the filing of amendments to an application or to a plan or to a record accompanying same, at any time before the completion of the work for which the permit was sought. Such amendments, after approval, shall be filed with and be deemed a part of the original application.
(6) Completion of Existing Buildings. Nothing contained in the Zoning Code shall require any change in the plans, construction, size or designated use of a building, for which a valid permit has been issued or lawful approval given before the effective date of the Zoning Code, provided, however, construction under such permit or approval shall have been started within six months and the ground story framework including structural parts of the second floor shall have been completed within one year and the entire building completed within two years after the effective date of the Zoning Code.
(7) Action on Application. It shall be the duty of the Chief Building Official or other inspector assigned by the City Manager to examine applications for permits, within a reasonable time after filing. If, after examination, the inspector finds no objection to the same and it appears that the proposed work will be in compliance with the laws and ordinances applicable thereto, the inspector shall approve such application and issue a permit for the proposed work as soon as practical. If the examination reveals otherwise, the inspector will reject such application, noting the finding in a report to be attached to the application and delivering a copy to the applicant.
(8) Approval in Part. Nothing in this section shall be construed to prevent the issuance of a permit for the construction of part of a building or structure before the entire plans and detailed statements of such building or structure have been submitted or approved, if adequate plans and detailed statements have been presented for the same and have been found to comply with the Zoning Code.
(9) Condition of the Permit. All work performed under a permit shall conform to the approved application and plans, and approved amendments thereof. The location of all new construction as shown on the approved plot diagram, or an approved amendment thereof, shall be strictly adhered to. It shall be unlawful to reduce or diminish the area of a lot of which a plot showing the proposed change in conditions shall have been filed and approved, provided that this shall not apply when the lot is reduced by reason of a street opening or widening or other public improvement.
(10) Signature to Permit. Every permit issued by the Chief Building Official or other authorized inspector under the provisions of this Zoning Code shall have the inspector's signature affixed thereto.
(11) Limitation. A permit under which no work is commenced within one year after issuance shall expire by limitation.
(12) Positing of Permit. A copy of the permit shall be kept on the premises open to public inspection during the prosecution of the work and until the completion of the same. City Inspectors may require a certified copy of the approved plans to be kept on the premises at all times from the commencement of the work to the completion thereof. The City Community Development Division shall be given at least twelve (12) hours' notice of the starting of work under a permit.
(13) Revocation. The Chief Building Official or other authorized inspector may revoke a permit or approval issued under the provisions of the Zoning Code in the case there has been any false statement or misrepresentation as to a material fact in the application or plans on which the permit or approval was based.
(Ord. 2017. Passed 1-26-17.)
1127.10 CERTIFICATE OF OCCUPANY FOR BUILDING.
(a) No building shall be occupied before a Certificate of Occupancy has been issued.
(b) A Certificate of Occupancy for a new building, or the reconstruction or alteration of an existing building, shall be applied for concurrent with the application for a building permit. Such Certificate shall be issued after the request has been made in writing to the Chief Building Official and after the erection or alteration of such building, or part thereof, has been completed in conformity with the provisions of the Zoning Code, and all other applicable Federal, State, County, and City building, fire, and safety codes and regulations.
(c) Pending the issuance of a regular Certificate, a temporary Certificate of Occupancy may be issued be the Chief Building Official, or other authorized inspector, for a period not exceeding one year. During which the completion of alterations shall take place or during such temporary partial occupancy of a building, provided that such temporary certificate shall not be construed as in any way superseding the respective rights of the City or duties and obligations of the owners relating to the use or occupancy of the premises. Such temporary certificate shall not be issued except under such restrictions and provisions as will adequately insure the safety of the occupants.
(Ord. 2017. Passed 1-26-17.)
1127.11 PENALTY.
(a) Whenever, in Part Eleven - Planning and Zoning Code of the Codified Ordinances of Blue Ash, any act is prohibited or is made or declared to be unlawful, or whenever the doing of any act is required or the failure to do any act is declared to be unlawful, whoever violates any such provision shall be guilty of a minor misdemeanor. A separate offense shall be deemed committed each day during or on which a violation continues or occurs.
(b) Failure to comply with any provision enforceable upon a property or person because of an approval granted by the City Council, Planning Commission, or Board of Zoning Appeals shall be guilty of a minor misdemeanor. A separate offense shall be deemed committed each day during or on which a violation continues or occurs.
(c) Every person who violates a provision of Part Eleven is subject to penalty as described.
(Ord. 2025-03. Passed 10-9-25.)