Blue Ash City Zoning Code
TITLE FIVE
Zoning Districts
1129.01 PURPOSE.
The purpose of this chapter is to establish land use regulations and development standards for lots within the City of Blue Ash, Ohio.
(Ord. 2017. Passed 1-26-17.)
1129.02 DISTRICTS.
For the purpose of this Zoning Code, the City of Blue Ash is hereby divided into the following districts:
(Ord. 2017. Passed 1-26-17.)
1129.03 DISTRICT MAP.
The boundaries of the City zoning districts are hereby established as shown upon the map accompanying and made a part of this Zoning Code, designated as the "District Map". The district map and all the notations, references, and other information shown thereon, and as subsequently amended, are a part of this Zoning Code and shall have the same force and effect as if such map and all notations, references, and other information shown thereon were fully set forth or described herein.
(Ord. 2017. Passed 1-26-17.)
1129.04 ANNEXED TERRITORIES.
All territory which may be hereafter annexed to the City shall be classified as being in whichever district classification as recommended by the Planning Commission and approved by City Council in accordance with Section 1127.04 Zoning Text and Map Amendments.
(Ord. 2017. Passed 1-26-17.)
1129.05 VACATION OF PUBLIC WAYS.
In the event any street, alley, or other public way forming the boundary of a district is vacated, the new district boundary line shall be the former center line of such vacated public way.
(Ord. 2017. Passed 1-26-17.)
1129.06 BOUNDARIES OF DISTRICTS.
Where uncertainty exists with respect to the boundaries of the various districts as shown on the district map, the following rules apply:
(a) The district boundaries are either streets or alleys, unless otherwise shown, and where the districts designated on the district map are bounded approximately by streets or alleys, such streets or alleys shall be construed to be the boundary of the district.
(b) Where the district boundaries are not otherwise indicated, and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be the lot lines. Where the districts designated on the district map are bounded approximately by lot lines, the lot lines shall be construed to be the boundary of the district unless the boundaries are otherwise indicated on the district map.
(c) For unsubdivided property, the district boundary lines on the map shall be determined by use of the scale appearing on the district map.
(Ord. 2017. Passed 1-26-17.)
1131.01 SUMMARY OF YARD, LOT, AND HEIGHT REGULATIONS.
District | Minimum Front Yard | Minimum Side Yard | Minimum Rear Yard | Minimum Lot Width* | Minimum Lot Area | Maximum Height |
R-1 Residential Low Density | 50'** | 15' | 30' | 110' | 20,000 SF | 35' |
R-2 Residential Medium Density | 50'** | 10' | 30' | 90' | 15,000 SF | 35' |
R-3 Residential High Density | 40'** | 5' | 25' | 50' for single family detached lots - there is no minimum lot width for non-single family lots | 6,250 SF per unit | 35' |
BAN Blue Ash North | 30' | -- | -- | -- | -- | 90' |
SP Summit Park | 30' | -- | -- | -- | -- | 90' |
BAS Blue Ash South | 30' | -- | -- | -- | -- | 50' |
DT Downtown*** | -- | -- | -- | -- | -- | -- |
*For the Residential Zoning Districts, lot width is measured at the required building line. | ||||||
**For existing residential areas, the required minimum front yard setback shall be the average of the existing front setback of all principal structures on the same side of the street and within 300 feet of the subject lot. If the average is less than the district requirement, the required minimum front setback is the average as calculated. This does not apply to panhandle lots. | ||||||
(Ord. 2017. Passed 1-26-17; Ord. 2020-1. Passed 2-27-20.)
1133.01 PURPOSE STATEMENT.
The purpose of this chapter is to establish Residential Zoning District development standards:
(a) R-1 Residential Low Density. It is the purpose of the "R-1" district to encourage the establishment and retention of residential neighborhoods consisting of single-family dwellings on large lots while preserving the undeveloped lands within the district for similar types of residential uses.
(b) R-2 Residential Medium Density. It is the purpose of the "R-2" district to encourage the establishment and retention of residential neighborhoods consisting of single-family dwellings on medium sized lots while preserving the undeveloped lands within the district for similar types of residential uses.
(c) R-3 Residential High Density. It is the purpose of the "R-3" district to encourage the establishment and retention of residential neighborhoods consisting of single-family dwellings on small lots and patio homes, while allowing townhomes and appropriate commercial uses in suitable locations and of an appropriate density.
(Ord. 2017. Passed 1-26-17.)
1133.02 PERMITTED USES.
(a) Table 1133 1: Residential Permitted Uses lists the uses allowed within the residential zoning districts.
(b) Permitted Uses. A "P" in a cell indicates that a use is allowed by-right in the respective zoning district. Permitted uses are subject to all other applicable regulations of this code.
(c) Permitted Uses with Standards. A "PS" in a cell indicates that a use category is allowed by-right in the respective zoning district if it meets the additional standards set forth in the numerically referenced sections. Permitted uses with standards are subject to all other applicable regulations of this code.
(d) Conditional Uses.
(1) A "C" in a cell indicates that a use may be permitted if approved through a conditional use permit, subject to the conditions set forth in Section 1127.06 Conditional Use Regulations Conditional uses may be subject to use-specific standards as identified in the last column of Table 1133 1: Residential Permitted Uses. Conditional uses are subject to all other applicable regulations of this code.
(2) The existence or lack of additional use-specific standards in this code shall not be implied to be the only standards the use is required to meet. Any use that is permitted as a conditional use shall be subject to the general review standards for all conditional uses established in Section 1127.06 Conditional Use Regulations.
(Ord. 2017. Passed 1-26-17.)
1133.03 TABLE OF RESIDENTIAL PERMITTED USES.
Table 1133 1: Residential Permitted Uses identifies the list of permitted uses in all residential zoning districts.
Table 1133 1: Residential Permitted Uses | ||||
P=Permitted PS=Permitted with Standards C=Conditional Use Blank Cell=Prohibited | ||||
Use Type | R-1 | R-2 | R-3 | Additional Requirements |
Residential Uses | ||||
Dwellings, single-family | P | P | P | |
Dwellings, two-family | PS | PS | C | 1133.04(a) |
Residential group homes | C | C | C | 1133.04(b) |
Townhomes | C | 1133.04(c) | ||
Type B family day-care homes | P | P | P | |
Community Facilities and Commercial Uses | ||||
Brewery or distillery, nano | C | |||
Community and public facilities, including public parks and open spaces | P | P | P | |
Day care centers, prekindergarten, kindergarten, special and other private schools | C | 1133.04(f) | ||
Institutions of education, religion, higher learning, non-profit, or of a philanthropic nature | C | C | C | 1133.04(g) |
Libraries and museums, publicly owned and operated | P | P | P | |
Outdoor recreation in association with a residential home owners association or similar organization | P | P | P | |
Schools, public and private, elementary through high school | P | P | P | |
Small scale offices, retail shops, galleries, and bed and breakfasts | C | 1133.04(h) | ||
Residential Accessory Uses | ||||
Accessory buildings | PS | PS | PS | 1133.05(a) |
Home occupations | PS | PS | PS | 1133.05(b) |
Swimming pools, tennis courts, and similar structures | P | P | P | |
**Development if approved by Planning Commission and City Council as described in Chapter 1137 Planned Unit Development. Additional uses that are not listed in this table may be allowed in a Planned Unit | ||||
(Ord. 2025-03. Passed 10-9-25.)
1133.04 PRINCIPAL USE-SPECIFIC STANDARDS.
(a) Dwellings, Two-family. Two-family dwellings may be permitted:
(1) In the R-3 zoning district with a conditional use permit and are subject to the standards within Section 1127.06 Conditional Use Regulations and to the regulation that driveways and parking areas shall be set back five (5) feet from the side lot lines.
A. A second dwelling unit which is subordinate and incidental to the existing single-family dwelling, which is no greater than 800 square feet in area, and which is integrated within or attached to the principal dwelling may be constructed in the R-3 zoning district without a conditional use permit.
B. A second dwelling unit which is detached from the principal dwelling may be constructed in the R-3 zoning district without a conditional use permit and is subject to the regulations in Section 1133.05.
C. Properties shall not exceed two (2) total dwelling units between the principal dwelling and any integrated or detached second dwelling units.
D. No second dwelling unit shall be constructed unless the property owner(s) reside in either the principal dwelling or in the second dwelling unit. This does not apply to two-family dwellings which require a conditional use permit.
(2) In the R-1 and R-2 zoning districts subject to the following:
A. A second dwelling unit, also known as an accessory dwelling unit, shall be subordinate and incidental to the existing single-family dwelling.
B. A second dwelling unit may be integrated within or attached to the principal dwelling or may be an accessory structure as regulated by Section 1133.05. Properties shall not exceed two (2) total dwelling units between the principal dwelling and any integrated or detached second dwelling unit.
C. A second dwelling unit shall be limited in size to a maximum area of 800 square feet. If a second dwelling unit is detached its maximum area is as regulated by Section 1133.05.
D. No second dwelling unit shall be constructed unless the property owner(s) reside in either the principal dwelling or in the second dwelling unit.
(b) Residential Group Homes. Residential group homes may be permitted in the R-1, R-2, and R-3 zoning districts with a conditional use permit and are subject to the standards within Section 1127.06 Conditional Use Regulations and to the following:
(1) The proposed facility meets the certification, licensing, or approval requirements of the appropriate state agency.
(2) The proposed facility meets local fire safety requirements for the proposed use and level of occupancy.
(3) The proposed facility will not generate an unreasonable increase in traffic volume or require special off-street parking.
(4) Such facilities shall comply with the district regulations applicable to other properties in the zoning district in which they are located.
(5) No such facility may be located within six-hundred (600) feet of another such facility.
(6) No signs shall be erected by such facility for purposes of identification except a permitted street address sign.
(7) The exterior of all such facilities shall remain residential in appearance. However, any improvement required by code or necessitated by licensing requirements shall not be deemed incompatible.
(8) The applicant shall provide a plan indicating the manner in which the facility will maintain contact with neighborhood residents, to include a structured procedure whereby their grievances may be filed and resolved.
(9) The applicant shall provide documentation indicating the need for the facility, the specific clientele it will serve, and the location and type of similar facilities operated by the applicant.
(c) Townhomes. Townhomes may be permitted in the R-3 zoning district with a conditional use permit and are subject to the standards within Section 1127.06 Conditional Use Regulations and to the following:
(1) The minimum lot area per unit shall be 3,000 square feet and the overall site shall have a minimum area of one acre.
(2) Townhomes may be taller than the maximum thirty-five (35) feet height limit provided that buildings shall be set back an additional one foot over the required yard requirement for each one foot the building exceeds the thirty-five (35) foot height limit, but not to exceed forty-two (42) feet.
(3) Townhome buildings shall be separated by a minimum of ten (10) feet.
(4) Trash containers shall be screened with opaque fences and/or gates. Dumpsters shall be subject to the screening requirements found in Section 1147.06(h).
(5) Driveways shall not be less than ten (10) feet in width.
(6) Site Design Requirements. The development shall be designed as a whole, unified single project in compliance with the following requirements and, if built in stages, each shall conform to the approved plan.
A. There may be more than one main building on the lot.
B. Driveway openings to public streets shall be limited to one driveway per 200 feet of project frontage. Driveway openings shall not exceed twenty-four (24) feet in width at the right-of-way.
C. Driveway openings shall be located no closer than seventy-five (75) feet from any intersection.
D. Underground or surface storm drainage facilities shall be provided for all roads and drives and parking areas. All storm drainage shall be directed into established surface or underground storm drainage facilities. Stormwater retention basins shall be designed into landscaped areas, or as architectural design features. Dry detention ponds shall be designed into landscaped areas.
E. Sidewalks shall be provided for internal pedestrian circulation within the project so as to connect parking spaces with the dwelling units and with any recreational or other accessory uses, and shall be provided along the front property line of the property or on the street right-of-way between the property line and the edge of the street paving or curb.
(d) Brewery or Distillery, Nano. Nano breweries and nano distilleries may be permitted in the R-3 zoning district with a conditional use permit and are subject to the standards within Section 1127.06 Conditional Use Regulations and to the following:
(1) The parking area shall be located a minimum of ten (10) feet from all property lines and comply with Chapter 1145 Landscape Standards for visual screening. The design, location, and surface of the parking areas and vehicular approaches shall be subject to approval by the Planning Commission so as to reduce congestion, promote safety, and reduce the impact on the residential character of the neighborhood.
(2) Must be located on a major thoroughfare.
(3) No outside sales or storage shall be permitted.
(4) Outdoor equipment, such as tanks and other brewing equipment, may be permitted subject to the approval by Planning Commission.
(5) Outdoor drinking areas may be permitted subject to approval by the Planning Commission and all other applicable regulations such as State liquor standards.
(6) One sign, not exceeding twenty-five (25) square feet in area shall be permitted subject to the sign being mounted flush against the building and not internally illuminated.
(e) Day Care Centers, Prekindergarten, Kindergarten, Special and Other Private Schools. Day care centers, prekindergarten, kindergarten, special and other private schools may be permitted in the R-3 zoning district with a conditional use permit and are subject to the standards within Section 1127.06 Conditional Use Regulations and to the following:
(1) The minimum lot area shall be one acre.
(2) Outdoor playgrounds, tot lots, exercise areas, etc. shall only be located in the side or rear yard and shall be fully enclosed by a fence, the height and design of which shall be approved by the Planning Commission.
(3) The applicant shall submit a parking and traffic circulation plan to the Planning Commission for review and approval. The design, location, and surface of the parking areas and vehicular approaches shall be subject to approval by the Planning Commission so as to reduce congestion, promote safety, and reduce the impact on the residential character of the neighborhood. The plan shall provide for the separation of incoming and outgoing vehicles during high volume periods and shall provide a safe drop off point for children that will not impede other traffic.
(f) Institutions of Education, Religion, Higher Learning, or of a Philanthropic Nature. Institutions of education, religion, higher learning, or of a philanthropic nature may be permitted in the R-1, R-2, and R-3 zoning districts with a conditional use permit and are subject to the standards Section 1127.06 Conditional Use Regulations and to the following:
(1) The minimum lot area shall be four acres in size.
(2) The principal structure shall be located a minimum of fifty (50) feet from any adjacent residential property line.
(3) For property lines that are not adjacent to a residential district or use, principal structures may be taller than the maximum thirty-five (35) feet height limit provided that buildings shall be set back an additional one foot over the required yard requirement for each one foot the building exceeds the thirty-five (35) foot height limit, not to exceed fifty (50) feet in height.
(4) The parking area shall be located a minimum of ten (10) feet from the street right-of-way, twenty-five (25) feet from all property lines and comply with Chapter 1145 Landscape Standards for visual screening. The design, location, and surface of the parking areas and vehicular approaches shall be subject to approval by the Planning Commission so as to reduce congestion, promote safety, and reduce the impact on the residential character of the neighborhood.
(5) The applicant shall submit a plan indicating safe traffic ingress and egress, traffic circulation, and on-street parking if applicable.
(g) Small Scale Offices, Retail Shops, Galleries, and Bed and Breakfasts. Small scale offices, retail shops, galleries, and bed and breakfasts may be permitted in the R-3 zoning district with a conditional use permit and are subject to the standards within Section 1127.06 Conditional Use Regulations and to the following:
(1) The parking area shall be located a minimum of ten (10) feet from all property lines and comply with Chapter 1145 Landscape Standards for visual screening. The design, location, and surface of the parking areas and vehicular approaches shall be subject to approval by the Planning Commission so as to reduce congestion, promote safety, and reduce the impact on the residential character of the neighborhood.
(2) Must be located on Blue Ash Road, Cooper Road, Glendale Milford Road, Hunt Road, or Kenwood Road.
(3) No outside sales or storage shall be permitted.
(4) Outdoor dining areas may be permitted subject to approval by the Planning Commission.
(5) One sign, not exceeding twenty-five (25) square feet in area shall be permitted subject to the sign being mounted flush against the building and not internally illuminated.
(6) Accessory residential use is permitted in conjunction with any of the allowed uses.
(Ord. 2025-03. Passed 10-9-25.)
1133.05 ACCESSORY USE-SPECIFIC STANDARDS.
(a) Accessory Buildings.
(1) Accessory buildings are limited to not more than two with a maximum ground floor area of seven percent (7%) of the property area or 800 square feet total, whichever is greater.
(2) Accessory buildings shall be complimentary to the main building.
(3) Accessory buildings shall only be permitted in the side and rear yards.
(4) Accessory buildings shall not exceed a height of sixteen (16) feet and the eaves of any wall shall not exceed twelve (12) feet.
(5) Accessory buildings shall not contain or be used as home occupations, or for commercial or industrial purposes.
(6) The main building shall be constructed and approved for occupancy prior to the construction of an accessory building.
(7) Accessory buildings shall be located no closer than five (5) feet to any side or rear property line and no closer than five (5) feet to the primary building or other accessory buildings.
(8) No more than two temporary structures may be allowed to exist on any lot at the same time. No temporary structure may be allowed to remain for more than twenty-one (21) days and a period of sixty (60) days must elapse before it or any other temporary structure is permitted.
(9) Accessory buildings may be used as dwelling units provided that properties shall not exceed two (2) total dwelling units between the principal dwelling and any integrated or detached second dwelling unit and provided that no more than one accessory building on a property shall be used as a dwelling unit and also provided that the property owner resides in the primary building or in the accessory building.
(b) Home Occupations.
(1) Home occupations as an accessory use may be conducted in a single-family dwelling provided it is: (1) clearly incidental and secondary to the use of the dwelling, (2) does not change the character of the dwelling; and (3) there is no indication from the exterior that the dwelling is being utilized in whole or in part for any purpose other than a dwelling and further that:
A. The home occupation is conducted wholly within the dwelling or off the premises;
B. There is no outside storage or display of materials in connection with the home occupation;
C. The home occupation is conducted only by an individual that is residing on the premises;
D. The home occupation will not create more than six trips a day to and from the dwelling by all customers of the home occupation;
E. The area used for the home occupation shall not exceed ten percent (10%) of the floor area of the dwelling, including basements, and no part of a garage or accessory building shall be used;
F. There is no stock or materials other than the type of quantity normally found in the home;
G. The delivery of any materials for the home occupation will not exceed two trips per day by any vehicle not owned by a family member;
H. If some product is made as part of the activity, only this product may be sold; and
I. The mechanical equipment used for the home occupation is of a size and type that is similar to domestic mechanical equipment or is customarily found in a business office.
(2) Home occupations shall include the use of premises by a physician, surgeon, dentist, lawyer, clergyman, or other professional person for consultation or emergency treatment but not for the general practice of his/her profession. Garage, yard, and house sales shall not exceed two per calendar year and each sale shall be limited to two concurrent days. Home occupation shall exclude the use of premises for barbershops, beauty shops, massage parlors, doctor's offices for the treatment of patients, auto repair shops, or any use that exceeds the conditions contained in this section. Any home occupation that does not conform to subsection (b)(1) hereof shall be relocated and/or removed from the residence.
(Ord. 2025-03. Passed 10-9-25.)
1133.06 SUPPLEMENTAL RESIDENTIAL DISTRICT USE STANDARDS.
(a) Fences, Walls, Landscaping, and Retaining Walls.
(1) Fences shall not be permitted in any front yard.
(2) Fences in side and rear yards shall not exceed six (6) feet in height. No barbed wire, or commercial fences are permitted in any yard. No temporary materials such as construction fencing are permitted in any yard unless a Building Permit has been filed and remains valid at that property.
(3) Retaining walls shall not exceed six (6) feet in height. A second tier retaining wall shall not exceed six (6) feet in height and shall be set back four (4) feet from the first lower wall.
(4) In any residential district where a privacy fence may be installed, the more attractive or finished side of the fence shall face outward (i.e., in view of neighboring properties).
(5) A fence (open or solid to any degree) or wall of any height may be erected along a lot or buffer area line or interstate highway upon approval of the Planning Commission if necessary for the preservation of public peace, health, safety, or general welfare or the protection of residential uses.
(b) Grading, Filling, and Excavation. Grading, filling, excavating or any change in the grade of property that involves the moving, depletion or replacement of more than 100 cubic yards of material or changes the existing elevation by more than one (1) foot requires a permit. No grading shall be done that may be detrimental to surrounding property in appearance or in the diversion of stormwater drainage.
(c) Height Exceptions.
(1) Institutions of an education, religion, higher learning, non-profit, or of a philanthropic nature, when permitted, may be erected to a height not exceeding seventy (70) feet, if the building is setback from each yard at least one (1) foot for each foot of additional building height above the height limit otherwise permitted in the district where the building is located.
(2) Chimneys, cooling towers, elevator bulkheads, fire towers, monument stacks, stage towers, or scenery lofts, tanks, water towers, ornamental towers and spires, church steeples, radio or television towers or necessary mechanical appurtenances may be exempted by the Planning Commission from the height regulations if the following standards are met. The construction and/or installation of any feature listed within this subsection requires approval by the Planning Commission regardless of height.
A. They are set back one (1) foot over the yard requirements in the district which they are located for every one (1) foot in height above the height required in the district in which they are located;
B. They are complimentary to the principal building;
C. They do not create a detrimental impact upon adjoining, surrounding, and nearby properties.
(d) Residential Outside Storage.
(1) For residential zoning districts and residential uses, there shall be no outside storage of household items, appliances, building materials, or of any such material including, but not limited to, vehicle parts, gazebos, and outdoor children play items in the front or side yards. Such items are permitted in the rear yard.
(2) Residential uses may store building materials for an active construction project on an impervious surface in the front yard for up to thirty (30) days.
(e) Residential Yard Regulations.
(1) For residential zoning districts and residential uses, every part of a required yard shall be open to the sky, unobstructed except for accessory buildings, patios, and decks in a rear yard only, and except for the ordinary projections of sills, belt courses, cornices and ornamental features, roof overhangs, planter boxes, and similar items, not to extend more than twenty-four (24) inches into any required setback. Window wells may extend into a required setback.
(2) For corner lots, there shall be a front yard on each street side. No accessory building shall project beyond the front yard line on either street.
(3) Where lots have multiple frontages, the required front yard shall be provided on each street.
(4) Unless specific exceptions are provided for a district within the Zoning Code, all front yards shall be devoted to landscaped areas.
(Ord. 2025-03. Passed 10-9-25.)
1135.01 PURPOSE STATEMENT.
The purpose of this chapter is to establish Commercial Zoning District standards:
(a) BAN Blue Ash North District. It is the purpose of the "BAN" district to create an employment district with attractive office and industrial uses that also includes amenities for the employees of the district such as restaurants and retail uses.
(b) SP Summit Park District. It is the purpose of the "SP" district to create a regional mixed-use area catering to the visitors of Summit Park, existing and new residents, and the adjacent office developments with integrated commercial, mixed housing, and office components.
(c) BAS Blue Ash South District. It is the purpose of the "BAS" district to create a commercial district with retail, grocery, restaurant, and office components that attract from the Blue Ash employment districts, the residential neighborhoods, and travelers along OH-126.
(d) DT Downtown District. It is the purpose of the "D" district to create a community mixed-use destination that contains a concentration of retail, restaurant, multi-family, and public amenity uses within an attractive and walkable district.
(Ord. 2017. Passed 1-26-17.)
1135.02 PERMITTED USES.
(a) Table 1135-1: Commercial Permitted Uses lists the uses allowed within the commercial zoning districts.
(b) Permitted Uses. A "P" in a cell indicates that a use is allowed by-right in the respective zoning district. Permitted uses are subject to all other applicable regulations of this code.
(c) Permitted Uses with Standards. A "PS" in a cell indicates that a use category is allowed by-right in the respective zoning district if it meets the additional standards set forth in the numerically referenced sections. Permitted uses with standards are subject to all other applicable regulations of this code.
(d) Conditional Uses.
(1) A "C" in a cell indicates that a use may be permitted if approved through a conditional use permit, subject to the conditions set forth in Section 1127.06 Conditional Use Regulations. Conditional uses may be subject to use-specific standards as identified in the last column of Table 1135 1: Commercial Permitted Uses. Conditional uses are subject to all other applicable regulations of this code.
(2) The existence or lack of additional use-specific standards in this code shall not be implied to be the only standards the use is required to meet. Any use that is permitted as a conditional use shall be subject to the general review standards for all conditional uses established in Section 1127.06 Conditional Use Regulations.
(Ord. 2017. Passed 1-26-17.)
1135.03 TABLE OF PERMITTED USES.
Table 1135-1: Commercial Permitted Uses identifies the list of permitted uses in all commercial zoning districts.
P=Permitted PS=Permitted with Standards C=Conditional Use Blank Cell=Prohibited | |||||
Use Type | BAN | SP | BAS | DT | Additional Requirements |
Residential Uses | |||||
Townhomes | PS | 1135.04(b) | |||
Community and Public Facility Uses | |||||
Community and public facilities, including public parks and open spaces | P | P | P | P | |
Institutions of education, religious, higher learning, non-profit, or of a philanthropic nature | P | P | P | P | |
Libraries and museums | P | P | P | P | |
Schools, public & private | P | P | P | P | |
Commercial Uses | |||||
Animal boarding facilities and kennels | PS | PS | 1135.04(c) | ||
Automotive fueling station | PS | PS | PS | PS | 1135.04(d) |
Brewery or distillery, micro | P | P | P | P | |
Brewery or distillery, macro | P | ||||
Brewery or distillery, nano | P | P | P | P | |
Car wash | P | P | |||
Conference centers | P | P | P | ||
Day care center | PS | PS | PS | PS | 1135.04(e) |
Entertainment, health, and recreation facilities | PS | PS | PS | PS | 1135.04(f) |
Greenhouses and nurseries | PS | 1135.04(g) | |||
Financial Institutions | P | P | P | P | |
Funeral homes, mortuaries | P | P | |||
Hospitals and surgery centers | P | PS | P | 1135.04(h) | |
Manufacturing, light | P | PS | P | 1135.04(m) | |
Offices | P | P | P | P | |
Office, medical | P | P | P | P | |
Parking as principal use (lot or garage) | PS | PS | PS | P | 1135.04(i) |
Personal services | P | P | P | P | |
Recycling centers | PS | 1135.04(j) | |||
Restaurants, bars, brewpubs, and other food and beverage services | P | P | P | P | |
Retail sales, small scale | P | P | P | P | |
Retail sales, large scale | P | ||||
Vehicle repair facility | C | C | C | 1135.04(k) | |
Vehicle sales and rental | C | 1135.04(l) | |||
Accessory Uses | |||||
Accessory buildings | PS | PS | PS | 1135.05(a) | |
Drive-through facility | PS | PS | PS | PS | 1135.05(b) |
Outdoor dining | PS | PS | PS | PS | 1135.05(c) |
Outdoor storage or sales | PS | PS | PS | PS | 1135.05(d) |
Warehouse, incidental | PS | PS | PS | 1135.05(e) | |
**Additional uses that are not listed in this table may be allowed in a Planned Unit Development if approved by Planning Commission and City Council as described in Chapter 1137 Planned Unit Development. | |||||
(Ord. 2017-1. Passed 1-26-17; Ord. 2020-10. Passed 12-10-20; Ord. 2023-02. Passed 5-11-23; ORd. 2025-03. Passed 10-9-25.)
1135.04 PRINCIPAL USE-SPECIFIC STANDARDS.
(a) (EDITOR'S NOTE: Former subsection (a) was repealed by Ordinance 2020-1, passed February 27, 2020.)
(b) Townhomes. Townhomes may be permitted in the DT zoning district subject to the following:
(1) The minimum lot area per unit shall be 3,000 square feet and the overall site shall have a minimum lot area of one acre.
(2) Townhomes shall not exceed forty-two (42) feet in height.
(3) The front, side, and rear yard setbacks for the entire parcel shall be fifteen (15) feet.
(4) Townhome buildings shall be separated by a minimum of ten (10) feet.
(5) Trash containers shall be screened with opaque walls or fences and gates. Dumpsters shall be subject to the screening requirements found in Section 1147.06(h).
(6) Driveways shall not be less than ten (10) feet in width.
(Ord. 2017-1. Passed 1-26-17.)
(c) Animal Boarding Facilities. Animal boarding facilities may be permitted in the BAN zoning district subject to the lot being set back a minimum of 300 feet from any residential district or use. (Ord. 2023-02. Passed 5-11-23.)
(d) Automotive Fueling Station. Automotive fueling stations may be permitted in the BAN, SP, BAS, and DT zoning districts subject to the following:
(1) Fueling stations in the BAN, BAS, and SP zoning districts must not contain more than eight (8) fueling pumps per station. Each pump may have two (2) fueling dispensers.
(2) Fueling stations in the DT zoning district must not contain more than four (4) fueling pumps per station. Each pump may have two (2) fueling dispensers.
(e) Day Care Center. Day care centers may be permitted in the BAN, SP, BAS, and DT zoning districts subject to the following:
(1) The main building, or the occupied space in a multi-tenant building, shall not exceed 10,000 square feet in size.
(2) All outdoor playgrounds, tot lots, exercise areas, etc. shall be located in the side or rear yard and shall be fully enclosed by a fence, the height and design of which shall be approved by the Planning Commission.
(f) Entertainment, Health, and Recreation Facilities.
(1) Entertainment, health, and recreation facilities that are 40,000 square feet or less in floor area may be located in the BAN, SP, BAS, and DT zoning districts.
(2) Entertainment, health, and recreation facilities that are more than 40,000 square feet in floor area may be located in the BAN and BAS zoning districts.
(g) Greenhouses and Nurseries. Greenhouses may be permitted in the BAN zoning district subject to the following:
(1) Business must have and maintain a Nursery Dealer Certificate (USDA).
(2) No exterior loudspeakers.
(3) No outside parking or storage of trucks and trailers designed and manufactured for or used for specific commercial purposes including, but not limited to, wreckers, dump trucks, tracked vehicles, buses, construction vehicles, equipment vehicles and equipment carriers, bottling works delivery trucks, grain trucks and refrigerated trucks.
(h) Hospitals and Surgery Centers. Hospitals and surgery centers that are 120,000 square feet or less in floor area may be located in the SP zoning district.
(i) Parking as Principal Use (Lot or Garage). Parking as a principle use may be permitted in the BAN, SP, and BAS zoning districts if all the proposed parking spaces are located within a garage structure of at least two stories, of which may be located either below or above ground.
(j) Recycling Centers. Recycling centers may be permitted in the BAN zoning district if the recycling operation is conducted entirely inside a building and there is no outside storage of materials on the subject property.
(k) Vehicle Repair Facility, Major or Minor. Vehicle repair facilities may be permitted in the BAN, BAS, and DT zoning districts with a conditional use permit and are subject to the standards within Section 1127.06 Conditional Use Regulations and to the following:
(1) The facility shall include an enclosed area of at least 2,000 square feet that includes restroom facilities.
(2) There shall be no exterior sales or storage of merchandise, tools, or other equipment.
(l) Vehicle Sales and Rental. Vehicle sales and rental facilities may be permitted in the BAS zoning district with a conditional use permit and are subject to the standards within Section 1127.06 Conditional Use Regulations and to the following:
(1) The facility shall include an enclosed area of at least 2,000 square feet that includes restroom facilities.
(m) Manufacturing Light. Light manufacturing uses may be permitted in the SP zoning district subject to the following:
(1) Must be completely within an existing legal non-conforming structure or premises, or portion thereof, which was originally constructed with manufacturing and warehouse space as a significant portion of the existing structure.
(2) The combined manufacturing and warehouse portion of the land use may include no more than 80 percent of the gross square footage of the enclosed area on the site.
(3) Additions to the exterior of the structure may be permitted to improve weather protection, accommodate energy efficiency, and to accommodate site utilities. All additions must satisfy the Architectural Standards.
(4) The premises must comply with current exterior development regulations including those related to lighting, landscaping, parking, and pavements.
(5) The facility may include only incidental warehouse.
(6) This land use is intended to provide for generally high-tech manufacturing facilities that provide research, development, engineering, production, and sales of high-value goods produced with high-tech and other specialized equipment. This is not intended to support the manufacturing, storage, or sales of commodities.
(n) Conference Centers. Conference centers, also called event centers, not exceeding 4,000 square feet in ara shall be permitted in the DT District.
(Ord. 2025-03. Passed 10-9-25.)
1135.05 ACCESSORY USE-SPECIFIC STANDARDS.
(a) Accessory Buildings.
(1) Accessory buildings and uses customarily incidental to the above permitted uses, and shall be complimentary to the main building and surrounding properties.
(2) Accessory buildings shall only be permitted in the side and rear yards. Storage sheds shall only be permitted within the rear yard.
(3) The main building must be constructed and approved for occupancy prior to the construction of an accessory building.
(4) Accessory structures shall be located no closer than five (5) feet to any side or rear property line.
(5) No more than two (2) temporary structures may be allowed to exist on any lot at the same time. No temporary structure may be allowed to remain for more than twenty-one (21) days and a period of sixty (60) days must elapse before it or any other temporary structure is permitted.
(b) Drive-Through Facility. Drive-through facilities shall only be permitted in association with a financial institution or pharmacy use. Drive-through facilities are not permitted for restaurant uses.
(c) Outdoor Dining.
(1) Outdoor dining areas may be permitted in association with a food or beverage establishment in the BAN, SP, BAS, and DT zoning districts subject to the following:
A. Outdoor dining areas are permitted in any yard.
B. A minimum four (4) feet wide path shall be maintained around any outdoor dining area abutting a sidewalk to allow for safe pedestrian travel. Existing sidewalks shall satisfy the requirement for pedestrian travel wherever dining areas abut them.
C. Outdoor dining areas greater than one hundred fifty (150) square feet in area shall be surrounded by a decorative railing or fence that separates the eating area from the sidewalk or vehicular traffic. The required four (4) feet wide path shall be maintained on the outside of any such railing or fence.
(d) Outdoor Storage or Sales.
(1) For commercial uses (not including industrial uses) in the BAN, SP, BAS, or DT zoning districts there shall be no outside sales or storage of merchandise or products except for:
A. Commercial uses may conduct outdoor sales of plants, shrubs, and tress for a 100 day period per year. This shall be limited to a total of 3,000 square feet in any area or parking spaces; however all drives shall remain open for traffic.
B. Commercial uses may have merchandise on display outside if it is located within five (5) feet of the front building façade or completely contained under the front roof or eave line.
(2) For industrial uses in the BAN, or BAS zoning districts, outdoor storage may be permitted in the side or rear yards if the materials are fully screened from view from all property lines and adjacent rights-of-way. Screening methods shall include opaque walls, fences, mounding, evergreen plantings, or any combination thereof that are at least six (6) feet in height. Screening methods shall not include chain link type fences with or without slats.
(e) Warehousing, Incidental. Incidental warehouses may be permitted as an accessory use in association with a principally permitted use. This includes digital information storage uses, such as data centers, which are accessory uses in association with a principally permitted use. If warehousing is proposed as part of an application, the area of such warehousing shall be identified on the development plan and the square footage of the area identified. The warehousing area must be incorporated into the principal building; no stand-alone warehousing units, such as self-storage facilities or stand-alone data centers, are permitted.
(Ord. 2025-03. Passed 10-9-25.)
1135.06 SUPPLEMENTAL COMMERCIAL DISTRICT USE STANDARDS.
(a) Fences and walls.
(1) In the SP, DT, and BAS zoning districts, fences shall not exceed six (6) feet in height and shall not be located in the front yard or in front of the main building.
(2) In the BAN zoning district, fences no more than thirty percent (30%) solid and no more than six (6) feet in height may be installed in any yard so long as they do not present a visual hazard at street or driveway intersections. Fences exceeding these dimensions may be installed in a side or rear yard upon approval of the Community Development Director.
(3) A fence (open or solid to any degree) or wall of any height may be erected along a lot or buffer area line or interstate highway upon approval of the Planning Commission if necessary for the preservation of public peace, health, safety, or general welfare or the protection of residential uses.
(4) Any second tier or higher retaining wall shall be set back four (4) feet from the first or lower wall.
(b) Grading, Filling, and Excavation. Grading, filling, excavating or any change in the grade of property that involves the moving, depletion or replacement of more than 100 cubic yards of material or changes the existing elevation by more than one foot requires a permit. No grading shall be done that may be detrimental to surrounding property in appearance or in the diversion of stormwater drainage.
(c) Height Exceptions.
(1) Institutions of an education, religion, higher learning, or of a philanthropic nature, when permitted, may be erected to a height not exceeding seventy (70) feet, if the building is setback from each yard at least one (1) foot for each foot of additional building height above the height limit otherwise permitted in the district where the building is located.
(2) Chimneys, cooling towers, elevator bulkheads, fire towers, monument stacks, stage towers, or scenery lofts, tanks, water towers, ornamental towers and spires, church steeples, radio or television towers or necessary mechanical appurtenances may be exempted by the Planning Commission from the height regulations if the following standards are met. The construction and/or installation of any feature listed within subsection (2) requires approval by the Planning Commission regardless of height.
A. They are set back one (1) foot over the yard requirements in the district which they are located for every one (1) foot in height above the height required in the district in which they are located;
B. They are complimentary to the principal building; and
C. They do not create a detrimental impact upon adjoining, surrounding, and nearby properties.
(d) Multiple Buildings on a Lot. More than one main building may be located upon the lot, but only when such buildings conform to all open space requirements around the lot for the district in which the lot is located.
(e) Commercial Yard Requirements.
(1) Sills, belt course, eaves, wing walls, cornices, and ornamental features may project up to three (3) feet into a required yard as long as the projection is contained within the subject property.
(2) Open fire escapes, fireproof outside stairways, balconies opening upon fire towers, chimneys, and flues may project up to three and one-half (3½) feet into the rear yard if approved by the Community Development Director.
(3) For corner lots, there shall be a front yard on each street side. Accessory buildings shall only be permitted in the side or rear yards.
(4) Where lots have a double frontage, the required front yard shall be provided on both streets.
(5) Unless specific exceptions are provided for a district within the Zoning Code, all front yards shall be devoted to landscaped areas. Up to one-fourth (¼) of the required front yard may be taken up with drives, walks, and/or parking areas. The landscape area may be approved to be placed either along the street line or against the building with the approval of the Community Development Director.
(f) Site Design Requirements. The following regulations shall be applied to all new buildings within any commercial zoning district, as applicable.
(1) There may be more than one principle building per lot.
(2) Driveway openings to public streets shall be limited to one driveway per 200 feet of project frontage. Driveway openings shall not exceed thirty (30) feet in width.
(3) Driveway openings shall be located no closer than seventy-five (75) feet from any intersection.
(4) Whenever possible and practical, each project shall provide an interior drive that is looped to provide through movement of vehicles. All drives shall consist of a minimum twenty (20) feet in width pavement as prescribed in Chapter 1141 Parking and Loading Requirements. Curbs shall be provided along all drives that do not abut parking spaces. All parking areas shall be edged with curbs. Whenever possible and practical, adjacent developments shall share ingress and egress.
(5) Parking lots, with bays containing more than twenty (20) spaces, shall, whenever possible, provide ingress and egress at both ends of each parking bay or parking lot.
(6) Underground storm drainage facilities shall be provided for all roads and drives and parking areas. All storm drainage shall be directed into established surface or underground storm drainage facilities. Stormwater retention basins shall be designed into landscaped areas as natural appearing ponds, or as architectural design features. Dry detention ponds shall be designed into landscaped areas.
(7) Sidewalks shall be provided for internal pedestrian circulation so as to connect parking spaces with the buildings.
(8) Sidewalks shall be provided along the front property line on the property or on the street right of way between the property line and the edge of the street paving or curb.
(9) All parking areas and walkways shall be illuminated so as to produce a minimum illumination of 1.0 footcandle within such areas. All exterior lighting shall be erected so as to not create more than 0.2 footcandle of light onto adjacent single-family residential areas and no exterior lighting shall exceed 10 footcandles. All lighting shall be served with underground cable and underground served poles.
(10) The site shall be landscaped in accordance with the Landscape Standards in Chapter 1145 Landscape Standards.
(11) Any part of lot area not used for buildings or other structures, or for roads, walks, parking, service areas or access ways shall be landscaped with grass, ground cover, trees and shrubs.
(12) All dumpsters shall be screened with a solid wall (materials to compliment the primary structure) at least six (6) feet in height with a minimum clear width of ten (10) feet with self-latching gates and shall comply with Section 1147.06(h).
(13) Dumpster pads shall be constructed in accordance with standards established elsewhere in the Code of Ordinances.
(14) All electric, telephone and cable lines shall be placed underground.
(15) All buildings shall have an unobstructed fire lane adjacent to the building.
(16) Existing natural areas and small watercourses shall be retained wherever appropriate.
(g) Commercial Breeders. Commercial breeding operations are not permitted within the City of Blue Ash.
(Ord. 2025-03. Passed 10-9-25.)
1135.07 DOWNTOWN ZONING DISTRICT REGULATIONS.
The following regulations apply only to development within the Downtown Zoning District.
(a) Height.
(1) Maximum buiding height is 55 feet except that principal buildings located at the corner of Kenwood and Cooper Roads may have a maximum height of 60 feet.
(2) All principal buildings shall have a minimum of two stories above ground, except as regulated in Section 1135.05(a): Accessory Buildings.
(3) No building shall have more than four stores above-grade.
(4) The facades of all buildings that abut a right-of-way or a residential zoning district shall step back above 35-feet in height. One additional foot step back is required for each one additional foot of building height.
(b) Setbacks.
(1) All buildings in the Downtown Zoning District shall have a minimum setback of three feet and a maximum setback of 15 feet. The area between the building and the property line shall be occupied by outdoor dining areas, landscaping, pedestrian plazas, enhanced customer entrances, similar pedestrian amenities, or other unique design concepts. The area between the building and the street shall not include any parking areas, driveways or vehicular circulation aisles, or other vehicular-oriented purposes.
(2) Overhangs, awnings, and roofs may extend up to four (4) feet into the right-of-way above a public sidewalk if an eight (8) foot clearance is maintained for pedestrians and the projections pose no threat to the public health, safety, or general welfare.
(3) Buildings shall be set back a minimum of ten (10) feet from the side and rear lot lines when abutting uses in a different zoning district.
(c) Lot Area/Density.
(1) All new buildings shall contain a minimum of 20,000 square feet gross floor area, including all floors of the building.
(2) The minimum residential gross density shall be eight units per acre.
(3) When residential uses are part of a vertically mixed-use building, the minimum density shall not apply.
(4) There is no maximum residential density in this district provided that residential uses meet the setback, height, and other site design requirements.
(5) All lots must abut a public right-of-way.
(d) Blocks. Blocks shall have a minimum length of 200 feet and a maximum length of 500 feet.
(e) Sidewalks.
(1) Sidewalks used for internal pedestrian circulation (i.e., connecting parking spaces with buildings) shall have a minimum width of four (4) feet.
(2) All sidewalks shall be built to standards established elsewhere in the Code of Ordinances.
(f) General Site Layout.
(1) Whenever possible, dumpsters shall be combined for tenant and/or surrounding building uses. All dumpsters shall be enclosed with face brick walls, six (6) feet high at grade, eight (8) inches thick, and all faces of the wall to be brick, and the top course to be row lock and with wood doors of appropriate design completely closing off the front of the dumpster enclosure.
(2) Dumpster pads shall be constructed in accordance with standards established in Section 1147.06(h).
(3) All electric, telephone and cable lines shall be placed underground.
(4) Underground storm drainage facilities shall be provided for all roads and drives and parking areas. All storm drainage shall be directed into established storm drainage facilities.
(5) All retaining walls which are visible from any public street shall have masonry facing, such as brick, stone, or other decorative finish.
(g) Building Design. All new construction and building modifications, as applicable, shall conform to the architectural standards of Chapter 1147 Architectural Standards of this zoning code.
(Ord. 2017. Passed 1-26-17; Ord. 2020-1. Passed 2-27-20; Ord. 2025-03. Passed 10-9-25.)
1137.01 PURPOSE.
The purpose of this chapter is to establish standards and procedures for Planned Unit Development (PUD) District. A PUD promoted development of land in a creative manner that allows for a more efficient and economic development of property than is ordinarily permitted by conventional zoning and subdivision regulations.
(Ord. 2017. Passed 1-26-17.)
1137.02 PUD REGULATIONS.
(a) Permitted Uses. Any use shall be allowed within a PUD District subject to the approval of Planning Commission and City Council.
(b) Multiple Buildings on a Lot. More than one building is permitted on a lot.
(c) Ownership. Evidence shall be provided that the applicant has control over the land contained within the PUD application.
(d) Setbacks. Peripheral and internal setbacks shall be defined on the PUD plan as approved by Planning Commission and City Council.
(e) Transitions. PUD developments shall be considerate of adjacent developments and shall be designed in a way to mitigate undesirable audible and visual land use impacts to the adjacent land uses. Installation of facilities/features required to protect and preserve the character and value of surrounding residential properties shall be completed before occupancy permits will be issued.
(f) Circulation. The vehicular and pedestrian circulation system shall be designed to fully accommodate vehicular and pedestrian traffic with safety and efficiency within the development.
(g) Architecture. All buildings within a PUD development shall be subject to the architectural standards found in Chapter 1147 Architectural Standards.
(Ord. 2025-03. Passed 10-9-25.)
1137.03 ESTABLISHMENT OF DISTRICTS.
Planned Unit Development Districts, when approved by the Planning Commission and City Council, shall be identified on the City's zoning map with the notation "PUD".
(Ord. 2017. Passed 1-26-17.)
1137.04 CONCEPT DEVELOPMENT PLAN REQUIREMENTS .
The Concept Development Plan shall include the following:
(a) Survey or engineering drawings of the property to be rezoned.
(b) Vicinity map.
(c) North arrow.
(d) Narrative description of the proposed development.
(e) Proposed parcels contained with the development.
(f) Existing property lines of adjacent properties, including owners of record, and existing zoning designations of adjacent properties.
(g) The locations of proposed buildings and land uses within the development. The amount of land area dedicated for each type of land use shall be indicated.
(h) For developments that include residential uses, the type of dwelling units, dwelling unit density, minimum lot sizes, frontages, and setbacks shall be specified.
(i) Preliminary interior open space system and landscape concepts.
(j) Location of existing and proposed public and private streets, parking areas, and sidewalks.
(k) Minimum peripheral setbacks around the perimeter of the development.
(l) Location of all existing structures located within the development and within 200 feet of the boundary of the proposed development.
(m) Proposed locations for dumpster enclosures.
(n) Traffic impact study, if the development is expected to generate 100 or more new inbound or outbound trips during the peak travel hours.
(o) Additional information as requested by the Planning Commission or City Council to facilitate analysis of the benefits of the project.
(Ord. 2017. Passed 1-26-17.)
1137.05 FINAL DEVELOPMENT PLAN REQUIREMENTS.
The Final Development Plan shall be drawn to scale and include the applicable information from the Concept Plan and the following:
(a) Plat prepared by a registered surveyor for entire development identifying parcel numbers, lines, dimensions, and areas.
(b) The existing topography with contour intervals of not less than five (5) feet, and final contours at two (2) feet maximum.
(c) The location of all existing trees with a caliper of four (4)inches or more.
(d) The proposed size, location, use, and arrangement of buildings, parking areas (with proposed arrangement of stalls and number of cars), entrance and exiting driveways and their relation to existing and proposed streets, proposed landscaping, proposed signs, and all other significant features of the proposed development.
(e) Building elevations and perspective views indicating proposed architectural character. Building materials and colors shall be identified. Material boards may be required upon request of the Community Development Director.
(f) Design and location of all existing landscaping to be preserved and all proposed landscaping areas, open spaces, buffering plans, retention areas, and yards including the common and scientific names of all proposed plant species and the quantity and sizes of each.
(g) Existing storm and sanitary sewers, water mains, culverts and other underground structures;
(h) Proposed storm and sanitary sewers, water mains, culverts, and other underground structures;
(i) Lighting, including fixture types, size, and a photometric plan.
(j) Trash facilities, including dumpster pad and enclosure details;
(k) Notation of any right-of-way dedication that may be necessary for the widening or extension of any major streets.
(l) Sign plan indicating locations, sizes, and designs for all proposed signs.
(m) A phasing plan for the development, if any.
(n) Professional Engineer's and/or Architect's stamp and signature.
(o) Additional information as requested by the Planning Commission or City Council to supplement the above information when special conditions occur.
(Ord. 2017. Passed 1-26-17.)
1137.06 PROCESS.
(a) Pre-Submittal Meeting. Prior to submitting the Concept Development Plan the property owner or owner's representative is encouraged to meet with City staff to discuss the development informally, the purpose being to discuss the intent of the development and the PUD process and to identify any preliminary concerns with the proposed development.
(b) PUD Zone Map Amendment and Concept Development Plan Submittal.
(1) The owner or owner's representative may submit an application for a PUD zone map amendment and Concept Development Plan approval in accordance with the provisions of this section.
(2) The Community Development Director shall determine if the application is complete or if additional information is needed. Upon determination that the application is complete, it shall be referred to the Planning Commission.
(3) The Planning Commission shall review the PUD zone map amendment and Concept Development Plan and shall furnish to City Council its recommendation with respect to the submitted plans. If no recommendation is transmitted by the Commission within sixty (60) days of an application’s first appearance at a Planning Commission meeting, the Council shall take action without further awaiting such report. Planning Commission tabling an application for lack of sufficient information shall not consisute failure to trasmit a recommendation.
(4) City Council shall review and take action on the plan after receiving the recommendation of the Planning Commission, and after a public hearing. City Council may approve, conditionally approve, or disapprove the PUD zone map amendment and the Concept Development Plan.
(5) In the case of an adverse recommendation by the Planning Commission, such amendment, supplement, change, modification, or repeal shall not become effective except by a favorable vote of at least five (5) members of Council.
(6) Following approval of the PUD zone map amendment and Concept Development Plan, the owner or owner's representative may submit the Final Development Plan.
(c) Final Development Plan Submittal.
(1) The Final Development Plan, together, with an application, shall be filed with the City.
(2) The Community Development Director shall determine if the application is complete or if additional information is needed. Upon determination that the application is complete, it shall be referred to the Planning Commission.
(3) The Planning Commission shall review the application package and take action on the Final Development Plans. Planning Commission may approve, conditionally approve, or disapprove the Final Development Plan based on the plan's consistency with the Concept Development Plan and Section 1137.05. The Planning Commission, for any reason, may decide to send the Final Development Plan to City Council for review and Council action. In this instance, Planning Commission shall still provide City Council with their recommendation on the submitted Final Development Plan.
(d) Building Permit. Following the approval of the Final Development Plan by the Planning Commission or City Council, the owner or owner's representative may submit for building permits. Building permits shall be issued by the Chief Building Official or authorized inspector and shall be exempt from the provisions of Chapter 1131 Site Regulations Summary.
(e) Acceptance Deed. Following the approval of the Plan by Council, the owner or owner's representative shall cause a deed of acceptance of the development plan and the ordinance approving such plan to be recorded with the Recorder of Hamilton County.
(Ord. 2025-03. Passed 10-9-25.)
1137.07 COMBINED CONCEPT AND FINAL DEVELOPMENT PLANS.
The owner or owner's representative may request to combine the applications for the Concept and Final Development Plans. The Community Development Director may approve or deny this request based on the type of application, completeness of plans, and timing requirements of the project. All requirements of both Section 1137.04 and 1137.05 shall be met for a combined plan submittal. If approved by the Community Development Director, the owner or owner's representative shall submit the PUD zone map amendment along with the Final Development Plan and any additional information that is required for the Concept Development Plan such as project narrative and adjacent developments. The application shall follow the process established for the Concept Development Plan including review by Planning Commission and a public hearing and action by City Council.
(Ord. 2017. Passed 1-26-17.)
1137.08 COMPLIANCE WITH THE PLAN.
Structures, improvements and landscaping shall be built and installed and maintained according with the plan as approved by Council. This will be in respect to all requirements of the plan and shall include, but is not limited to, the location of the structures, location and layout of all streets and sidewalks including public right-of-way, layout and improvements of off-street parking and loading areas, location and width of driveways, ingress and egress to and from the site, grading, location and planting of landscaped areas and fencing, and location and design of lighting and signs. Once such structures, improvements, and landscaping have been built or installed, it shall be the duty of the owner or the owner's representative to maintain the premises and structures in accordance with the approved plans. All roadways and sidewalks within proposed public right-of-way shall be maintained by the owner until accepted by the City.
(Ord. 2017. Passed 1-26-17.)
1137.09 AMENDMENTS TO THE PLANNED UNIT DEVELOPMENT.
The Planning Commission has jurisdiction to administratively approve appropriate variations from either the Concept or Final Development Plan provided that the variations shall remain in harmony with the general purpose and intent of the development. Any application for a substantial variation, to be determined by the Planning Commission, from a Development Plan as previously approved shall be considered a new Concept Development Plan that shall be administratively reviewed for action by City Council.
(Ord. 2017. Passed 1-26-17.)
1137.10 ENFORCEMENT AND PENALTY.
(Ord. 2017. Passed 1-26-17.)