Residential Districts and their regulations are hereby established in order to achieve, among others, the following purposes:

(a)

To regulate the bulk and location of buildings in relation to the land in order to obtain proper light, air, privacy and usable open spaces on each zoning lot appropriate for the district;

(b)

To regulate the density and distribution of population in accordance with the objectives of the residential plan, to avoid congestion and to maintain adequate services;

(c)

To preserve and enhance those elements of the natural environment that give Brecksville its essential character; and

(d)

To protect the desirable characteristics of existing residential development, to promote the most desirable and beneficial use of the land and to bring about the eventual conformity with the Master Plan and other plans of the city.

(Ord. 3443, approved by voters 11-7-95)

Buildings and land shall be used and buildings shall be erected, altered, moved and maintained only as permitted in the following schedules and regulations:

(a)

Main buildings and uses. The main buildings and uses enumerated in section 1151.04 are permitted by right in the district indicated.

(b)

Conditional uses. The conditional uses as enumerated in section 1151.04 may be permitted upon the granting of a conditional use permit upon meeting the conditions set forth in section 1151.05 and according to the procedures set forth in section 1191.10.

(c)

Accessory uses. The accessory uses enumerated in the section 1151.04 are permitted in accordance with the provisions of section 1151.06.

(Ord. 3443, approved by voters 11-7-95)

(Ord. 3443, approved by voters 11-7-95; Am. Ord. 3582, passed 8-5-97)

The conditional uses enumerated in section 1151.04 may be permitted in accordance with the provisions of section 1191.10 when the Planning Commission finds that all of the following conditions for such uses are satisfied:

(a)

Farming, farm buildings and commercial greenhouses. Farming, farm buildings and commercial greenhouses may be permitted when the following conditions are met, except stables shall be permitted as regulated by subsection 1151.06(g):

(1)

Such uses are located upon a lot containing not less than ten acres;

(2)

No farm building or commercial greenhouse shall be located within 200 feet of a right-of-way or lot line;

(3)

Such uses are so located that they will not disrupt the orderly development of the community; and

(4)

Buildings to accommodate retail sales of products or produce shall not be permitted.

(b)

Community facilities. Community facilities of the classes enumerated in section 1151.04 may be permitted when:

(1)

Such community facilities are developed in accordance with the planning criteria of chapter 1153.

(2)

Class A community facilities shall have direct vehicular access to a collector or arterial street.

(3)

Development area plans for community facilities are approved in accordance with the provisions of chapter 1195.

(c)

Planned development areas. A planned development area is a development which may be conditionally permitted at the recommendation of the Planning Commission and approval of Council in compliance with chapter 1179 for any one-family Residential Zoning District when:

(1)

It is determined by the commission and Council that it is in keeping with the intent of the district in which the planned development is located and the character of the city, and will enhance and complement the city;

(2)

It complies with all of the regulations for the district in which the planned development is located, unless such regulations have been otherwise modified for planned developments by chapter 1179.

(3)

A Planned development area shall be approved in accordance with the provisions of chapter 1179, chapter 1195 and the applicable provisions contained in title three — Land Planning and Subdivision Regulations.

(d)

Rural residential subdivision. A rural residential subdivision is a large lot one-family subdivision which may be conditionally permitted at the recommendation of the Planning Commission and approval of Council in compliance with the following:

(1)

Minimum development area. A rural residential subdivision development shall have a minimum area of ten acres.

(2)

Minimum lot size. Each lot in a rural residential subdivision shall have an area of three or more acres.

(3)

Minimum lot width. All lots shall comply with the minimum lot width requirements set forth in section 1151.22; however, the average of the lot widths shall be not less than 275 feet.

(4)

Yard requirements. All lots shall comply with the yard requirements set forth in the schedule established in section 1151.24 for the district in which the rural residential subdivision is located.

(5)

Waiver of certain subdivision regulations. In a rural residential subdivision, the subdivision requirements for utilities, sidewalks, minimum street width and other relevant requirements may be changed, reduced or eliminated if recommended by the Planning Commission and the City Engineer, and approved by Council.

(6)

Water and sewer connections. On-site water and sewer facilities may be permitted for lots in a rural residential subdivision provided the Planning Commission determines that centralized water and sewer connections from utilities are not, as a practicable matter, available in the foreseeable future. Written documentation from the County Health Department of approval of on-site water and sewer facilities shall be provided for each lot.

(7)

Subdivision plat. A subdivision plat shall be submitted, reviewed and considered for approval in accordance with the provisions contained in title three — Land Planning and Subdivision Regulations.

(Ord. 3443, approved by voters 11-7-95; Am. Ord. 3582, passed 8-5-97)

The accessory uses enumerated in section 1151.04 and the like and similar accessory uses for all Residential Districts as authorized by the Planning Commission and approved by Council, shall be permitted in accordance with the following regulations:

(a)

Parking and garage facilities. Private garages, storage garages for apartment dwellings and open off-street parking areas incident to a permitted main use as set forth in the schedule established in section 1151.04 shall be permitted in Residential Districts as an accessory use in accordance with the regulations set forth in this chapter and chapter 1183. A lot that fronts on an arterial or collector street shall provide a driveway turnaround area adequate to allow vehicles to exit onto the street in a forward moving manner.

(b)

Signs. Signs in Residential Districts shall be designed, erected, altered, moved and maintained, in whole or in part, in accordance with section 1187.08.

(c)

Home offices or occupation. The purpose of these regulations is to control the nonresidential use of a residential dwelling unit so that the nonresidential use is limited to an accessory use, and does not in any manner whatsoever disrupt or alter the residential character of the neighborhood in which it is located. Compliance with these regulations should result in all such occupations being located and conducted in such a manner that their existence is not detectable in any manner from the outside of the dwelling unit. A home office or occupation shall only be permitted in accordance with the following criteria and limitations:

(1)

The home office or occupation shall be clearly incidental and secondary in importance to the use of the dwelling for dwelling purposes.

(2)

Any on-site business related in any manner to the home office or occupation shall be conducted only by permanent occupants of the dwelling unit. One additional employee shall be permitted to be employed on the premise.

(3)

The business activity, including the storage of equipment, supplies or any apparatus used in the home office or occupation, shall be conducted entirely within the dwelling unit and no use of a garage, an accessory building or an outdoor area shall be permitted.

(4)

A home office or occupation may be conducted in any area of the dwelling including the basement, provided such occupation shall occupy no more than one room in the dwelling unit or an area equal to 20 percent of the area of the main floor of the dwelling unit, whichever is greater. The area of an attached garage shall not be included when calculating the area of the main floor of the dwelling unit.

(5)

Any activity, material, goods, or equipment indicative of the proposed use shall be carried on, utilized or stored within the dwelling unit and shall not be visible from any public way or adjacent property.

(6)

The business activity shall not create a nuisance by reason of generating any noise, odor, dust, vibrations, fumes, smoke, electromagnetic interference or truck or delivery vehicle traffic which would depreciate or change the residential character of the neighborhood in which the proposed use is located.

(7)

There shall not be any change in the outside appearance of the building or premises, or other visible exterior change related to the home office or occupation.

(8)

The business activity shall not constitute a fire hazard endangering the site of the home office or occupation and adjoining property sites. There shall be no storage of hazardous, combustible or flammable matter, accumulation of rubbish or waste paper, and storage of cartons and/or boxes situated in a manner that would endanger life or property in case of an actual fire.

(9)

The business activity shall not cause an increase in the use of any one or more public utilities (water, sewer, electric, sanitation, etc.) so that the combined use of the residence and home office or occupation does not exceed the average use for residences in the neighborhood of the proposed use.

(10)

The number of automobiles or trucks attracted to the premises shall not be greater than that which is normally associated with residential uses including normal fluctuations in level of residential activities.

(11)

Failure to comply with the regulations of this section shall be a violation of this Zoning Code and shall subject the owner and/or person in control of the premises to the enforcement and penalty procedures set forth in chapter 1191.

(d)

Renting of rooms. The renting from a resident family of not more than one room to not more than one person shall be permitted in any Residential District.

(e)

Private gardens. The raising for private use, consumption or incidental sale of fruits, vegetables or nursery stock shall be permitted, provided no permanent structure shall be erected for the sale of any products and no products shall be sold except those which are produced on the premises.

(f)

Domestic animals. The keeping of domestic animals such as dogs, cats, rabbits and fur-bearing animals as pets shall be permitted in Residential Districts in compliance with the following:

(1)

Not more than four animals older than four months in age shall be raised on a lot in a Residential District.

(2)

Such pets shall not create a nuisance by reason of generating excessive noise or any odor detectable at the perimeter of the lot.

(3)

Any accessory structure used to house such pet(s) shall only be located in a rear yard, and shall be set back not less than 40 feet from all adjoining residential lot lines.

(4)

The keeping of horses and ponies shall comply with subsection 1151.06(g).

(g)

Horses and ponies. The keeping of horses and ponies may be permitted when the Building Commissioner certifies compliance with location, area and sanitary regulations, construction standards and any other requirements of chapter 1324 of part thirteen — Building Code and any other applicable codes, and when the corral and the animals it contains are screened from all streets by a landscaped screen or by a building or buildings.

(h)

Private swimming pools.

(1)

A private pool as used in this Zoning Code is a pool or open tank containing at least 1½ feet of water at any point and maintained by:

A.

An individual for the exclusive use of his household.

B.

An apartment development, hotel, tourist home, club or similar group or institution for the exclusive use of tenants and guests without charge for admission.

C.

A private club or homeowners association incorporated as a nonprofit organization for the exclusive use of a limited number of members and guests.

(2)

A private swimming pool shall be permitted provided that:

A.

A buffer is provided to all adjacent property. The buffer shall be a compact hedge or similar landscaping at least five feet in height, or fencing in compliance with chapter 1323 of part thirteen — Building Code.

B.

Parking spaces are provided for members of a club, homeowners association, institution or similar group as required in chapter 1183.

C.

Application to the Building Commissioner has been approved certifying compliance with section 1191.06.

(i)

Storage of commercial vehicles, recreation vehicles and other related equipment. The storage of commercial vehicles and equipment, noncommercial trailers, watercrafts and equipment, recreational vehicles and equipment on residential land shall be regulated as follows:

(1)

No commercial vehicles or equipment shall be on any premises or in any garage in any Residential District except that an occupant shall be permitted to park a panel or pickup truck, not exceeding 10,000 pounds gross vehicle weight rated capacity, used in connection with his or her livelihood, wholly within a garage.

(2)

No person shall park or store any recreational vehicles, watercrafts, watercraft trailers, noncommercial trailers, pick-up truck campers, motorized homes, folding tent trailers or other camping or recreational equipment on any street or highway or public or private property within the city except as hereinafter provided. Any owner of recreational equipment, not in excess of 27 feet in overall length or noncommercial trailers, not in excess of 14 feet in overall length, on property owned by him or her in accordance with the following conditions:

A.

Recreational equipment, trailers and vehicles described herein, parked or stored, shall not have fixed connections to electricity, water, gas or sanitary sewer facilities and at no time shall such equipment be used for living or housekeeping purposes.

B.

All such recreational equipment, trailers and vehicles shall be stored wholly within a garage or, if stored in the open, such vehicles, trailers and equipment shall be stored in the rear yard at least ten feet from any adjoining property line. At least two-thirds of their total vertical height or five feet, whichever is greatest, shall be screened from the view of all public streets and adjoining lots by substantially solid landscaped evergreen plantings and/or other appropriate screening as approved by the Building Commissioner.

C.

All recreational equipment, trailers and vehicles described herein shall be kept in good repair and carry a current license and/or registration.

(3)

Procedure where violation discovered. Where there is a violation of this Code, a five-day written notice to correct such violation shall be served by mail or notice may be posted on the outside front entrance of the building.

A.

Violations. Whoever violates any provision of this chapter shall be guilty of a misdemeanor of the fourth degree for each violation committed.

B.

Repeat violations. A maximum of two notices shall be served within any calendar year. Any additional occurrences shall be deemed a nuisance and reported to the Director of Law for other legal actions without further notice.

C.

Continuing violations. Each violation of a section of this Code shall constitute a separate and distinct violation independent of any other section or division or any order issued pursuant to this Code. Each day's failure to comply with any such section or division shall constitute a separate violation.

D.

Other legal action. The imposition of any penalty shall not preclude the Director of Law from instituting an appropriate action or proceeding in a court of proper jurisdiction to require compliance with the provisions of this Code or other applicable laws, ordinances, rules or regulations, or the orders or determinations of the Building Commissioner.

(j)

Fences. Fences in Residential Districts shall be designed, erected, altered, moved and maintained in whole or in part, in accordance with chapter 1185 of the Code.

(Ord. 3443, approved by voters 11-7-95; Am. Ord. 3741, passed 7- 20-99; Am. Ord. 3943, passed 3-19-02; Am. Ord. 5133, passed 12-5-17; Am. Ord. 5526, passed 7-5-22)

Temporary living space, or those spaces used until the main dwelling is completed, generally located in basements, garages or nonstructures such as trailers, shall not be permitted in any of the Residential Districts. A dwelling may, however, be occupied before completion on or above the ground floor, provided:

(a)

The exterior of the dwelling is enclosed and completed and the yard is backfilled and graded;

(b)

The plumbing, heating and electrical wiring is installed and safely enclosed;

(c)

The walls and ceiling of the principal rooms are covered with the basic wall material; and

(d)

A temporary certificate of occupancy is obtained for a period not to exceed 120 days.

(Ord. 3443, approved by voters 11-7-95)

Driveways to and off-street parking areas for any use not permitted in the district shall be prohibited.

(Ord. 3443, approved by voters 11-7-95)

No building permit shall be issued for the construction of any proposed dwelling unit to be located on any lot unless the City Engineer has certified that the location and elevation of the proposed dwelling unit are such that the dwelling unit shall not be subject to flooding by a 100-year flood.

(Ord. 3443, approved by voters 11-7-95)

Each detached, semi-attached, attached and apartment dwelling unit shall be provided with connections to a city approved water main, storm sewer system and sanitary sewer system, provided, however, that:

(a)

A detached one-family dwelling may be permitted on an existing lot of record or lot created by a minor subdivision of land pursuant to chapter 1115 without such connections, provided:

(1)

Such zoning lot has a width of not less than 200 feet and an area of not less than 40,000 square feet;

(2)

Centralized utility connections are not available; and

(3)

The property owner has obtained written approval from the County Health Department for on-site water and sewer systems.

(b)

All zoning lots created by a major subdivision of land pursuant to chapter 1115 shall have centralized utility connections unless created as part of a rural residential subdivision pursuant to subsection 1151.05(d).

(c)

The Planning Commission may recommend to Council the approval of individual lots of reduced size in minor subdivisions if it finds that:

(1)

The topography of land and the drainage thereof is such that no health hazard will be created by the proposed development of such lots.

(2)

Fifty percent or more of the lots in that subdivision meet the specific requirements of division (a) hereof.

(3)

The lots of the subdivision not meeting the specific requirements shall be in substantial conformity with division (a) hereof.

(Ord. 3443, approved by voters 11-7-95)

In order to provide healthful living conditions and to preserve the character of the neighborhood, dwellings shall be erected, altered, moved, maintained or occupied only in accordance with the following standards establishing minimum areas of dwelling units:

(a)

Dwelling unit area defined.

Dwelling unit area, for the above purpose, means the area of a dwelling unit shall be the sum of the gross floor areas above the basement level, including those rooms and closets having a minimum ceiling height of 7½ feet and having the natural light and ventilation as required by the Building Code; rooms above the first floor shall be included which are directly connected by a permanent stairs and hall, and spaces under pitched roofs having a minimum knee wall height of five feet if two-thirds of the room area has a minimum ceiling height of 7½ feet.

The area shall be measured from the interior face of the enclosing walls at the first floor line and the interior face of the walls of those rooms which may be included under a pitched roof for one-family dwellings and measured from the center line of party walls, where applicable, for semi-attached, attached or apartment dwellings. All areas within garages and porches, utility and general storage rooms in basementless dwellings, and public halls and general storage rooms in apartment dwellings shall be excluded in this measurement.

(b)

Minimum area. The minimum area of a dwelling unit shall not be less than established in the following schedule:

In determining the minimum area, every room which can be used as a bedroom shall be considered a bedroom. For any dwelling unit containing more than three bedrooms, there shall be an additional 250 square feet of floor area for each additional bedroom.

(c)

General storage area. At least 60 square feet of general storage space, having an average height of at least seven feet, shall be provided for each apartment dwelling.

(Ord. 3443, approved by voters 11-7-95)

The provisions of sections 1151.20 to 1151.29 inclusive of this chapter apply to the lot area and yard regulations for one-family detached dwelling units on individually subdivided zoning lots.

(Ord. 3443, approved by voters 11-7-95)

Land shall be divided and developed and one-family detached dwelling units shall be erected, altered, moved or maintained in any one-family Residential District only in compliance with the following lot regulations:

(a)

Lot area. The area of a lot that may be used for the purposes of a one-family dwelling unit shall be not less than the area set forth in section 1151.22 for the district in which the lot is located. In certain districts, the minimum lot area can be achieved only for lots fronting on a local street. On arterial and collector streets, compliance with the lot width and lot depth regulations results in larger lot area.

(b)

Dwelling units permitted on a zoning lot. Not more than one one-family dwelling unit shall be permitted on a lot when developed pursuant to section 1151.20.

(c)

Lot width. The width of a lot measured at the building setback line shall be related to the type of street on which it fronts, as indicated on the Zoning Map, and shall be not less than the width set forth in section 1151.22 for the district in which the lot is located.

(d)

Lot frontage. Each lot shall abut a dedicated street for a distance not less than 60 percent of the lot width set forth in section 1151.22 required at the building setback line.

(e)

Lot depth. The depth of a lot shall be not less than the depth set forth in section 1151.22 for the district in which the lot is located. Through lots abutting an arterial or collector street and lots abutting I-77, the Ohio Turnpike or an electrical high tension power line easement shall have sufficient lot depth to comply with the yard requirements in section 1151.23.

(f)

Lot coverage in an R-8A District. The maximum main building coverage of a lot in an R-8A District shall be 25 percent.

(Ord. 3443, approved by voters 11-7-95)

(Ord. 3443, approved by voters 11-7-95)

Each one-family dwelling unit shall be designed, erected, altered and moved only in a manner that maintains the minimum front, side and rear yards in accordance with the following regulations. Such required yards shall not be obstructed by any structure except as otherwise provided in sections 1151.25, 1151.29 and 1151.39.

(a)

Front yard. Each lot shall have one front yard. The front yard shall be related to the type of street on which the lot abuts based on the classification of streets identified on the Zoning Map. The minimum front yard shall be determined by one of the methods set forth in subsections (1), (2) and (3) below and the maximum front yard shall be not more than ten lineal feet greater than the minimum. The lot shall comply with the minimum lot width requirement at the building setback line.

(1)

The minimum front yard shall be not less than the depth set forth in section 1151.24 for the district in which the lot is located; or

(2)

The minimum front yard shall be established by the Planning Commission at the time a subdivision plat is approved. The corresponding building setback line shall be shown on the approved plat; or

(3)

Whenever 50 percent or more of the frontage within 300 feet of the lot is occupied by buildings having a front yard less than or more than the requirements set forth in subsection (a)(1) and a minimum front yard has not been established on the subdivision plat by the Planning Commission as in (a)(2), then the required front yard for the lot shall be established by the Planning Commission.

(4)

Other than for the setbacks established in section 1151.24, the Planning Commission shall hold a public hearing prior to determining the minimum front yard of any lot for which the Planning Commission is authorized to establish. The hearing shall be held in accordance with the provisions contained in subsection 1115.05(c)(3).

(b)

Corner lots. A lot abutting two intersecting streets shall maintain the yard requirements set forth in section 1151.24 for each of the yards that abut the two streets.

(c)

Side yards. Each lot shall have two side yards. The width of required side yards shall be not less than the distance set forth in section 1151.24 for the district in which the lot is located.

(d)

Rear yard. Each lot shall have a rear yard of a depth not less than the distance set forth in section 1151.24 for the district in which the lot is located.

(e)

Through lots. A through lot that has the rear lot line abutting an arterial or collector street right-of-way shall have a minimum rear yard of 250 feet.

(f)

Lots adjacent to I-77, Ohio Turnpike. On lots abutting an interstate freeway, the dwelling unit shall be located so that the nearest portion of the dwelling unit shall be no less than 250 feet from the freeway right-of-way. At the time the Planning Commission reviews a subdivision plat, the Planning Commission may request that noise studies be conducted to determine the need for the construction of screening, buffering or other noise barriers to minimize the impact of noise from the adjacent freeway.

(g)

Lots adjacent to an electrical high tension power line easement. On lots abutting an electrical high tension power line easement, the nearest portion of a dwelling unit shall be located no less than 300 feet from the easement.

(Ord. 3443, approved by voters 11-7-95; Am. Ord. 3824, passed 8-1-00)

(Ord. 3443, approved by voters 11-7-95; Am. Ord. 3741, passed 7-20-99)

An accessory use permitted in a Residential District may either occupy a part of the main building, occupy a separate accessory structure or constitute an accessory land use.

(a)

Locations of accessory buildings and uses. Accessory buildings and uses shall be located in compliance with the requirements set forth in the schedule established in section 1151.26.

(b)

Through lots. For a through lot abutting an arterial or collector street, accessory buildings shall not be located in the additional rear yard required by subsection 1151.23(e) and shall be not less than 125 feet from the arterial or collector street right-of-way. The additional rear yard shall be the difference between the 250 feet requirement established in subsection 1151.23(e) and the rear yard area required to comply with the lot area requirement set forth in section 1151.22 for the district in which the lot is located.

(c)

Use and design of yards. The required yards, set forth above, shall be landscaped or maintained except for area to be used for pedestrian walks and private driveway.

(d)

Maximum floor area of accessory structures.

(1)

The maximum area of a detached private garage shall be 660 square feet.

(2)

The maximum area of shed, or similar structure, shall be:

A.

One hundred forty-four square feet in Zoning Districts R-A, R-8A, R-8, and R-16;

B.

One hundred ninety-two square feet in Zoning Districts R-20 and R-30;

C.

Two hundred forty square feet in Zoning Districts R-40 and R-60.

(3)

The maximum area of a pergola, pavilion, gazebo, or other similar structure, each of the foregoing being designed and constructed as predominately open to the elements, shall be:

A.

Two hundred fifty-six square feet in Zoning Districts R-A, R-8A, R-8, and R-16;

B.

Four hundred square feet in Zoning Districts R-20 and R-30;

C.

Five hundred fifty square feet in Zoning Districts R-40 and R-60.

(Ord. 3443, approved by voters 11-7-95; Am. Ord. 5134, passed 12-5-17)

(Ord. 3443, approved by voters 11-7-95; Am. Ord. 3617, passed 11-4-97)

Corner lots having one or both frontages on an arterial or collector street shall comply with the following supplemental regulations:

(a)

The side of the dwelling unit facing the major street shall have an appearance which is characteristic of the front elevation of a dwelling.

(b)

The driveway access shall be located on the minor street;

(c)

The rear yard shall be screened from view from the major street;

(d)

The building orientation, building design and screening of the rear yard shall be approved by the Planning Commission pursuant to § 1151.51(a).

(Ord. 3443, approved by voters 11-7-95)

In addition to the additional rear yard requirement set forth in subsection 1151.23(e), through lots abutting an arterial or collector street shall provide a landscaped buffer area in compliance with the following:

(a)

The buffer area shall have a width of not less than 40 feet and shall be located adjacent to the entire length of the right-of-way of the arterial or collector street abutting the lot.

(b)

Such buffer area shall have a minimum height of six feet to effectively screen the view of the rear of the dwelling from the arterial or collector street.

(c)

The buffer area shall be approved by the Planning Commission pursuant to subsection 1151.51(i).

(Ord. 3443, approved by voters 11-7-95)

In addition to the lot, yard and other requirements set forth in sections 1151.21 through 1151.28, all lots in an R-8A District shall comply with the following supplemental development standards.

(a)

Maximum number of accessory buildings. A maximum of two detached accessory buildings shall be permitted on a lot, provided that there shall be not more than one garage. Such garage shall be either an attached or detached garage.

(b)

Maximum rear yard coverage of accessory uses. The maximum percentage of the rear yard that shall be covered by accessory uses, buildings and structures (limited to the accessory uses regulated on the schedule established in section 1151.26) shall be 40 percent of the total area of the rear yard.

(c)

Required garages. Two enclosed parking spaces shall be required, except that existing one-car garages shall be permitted to be maintained, preserved, and, in the event such garage is destroyed, rebuilt as a one-car garage pursuant to subsection 1151.51(a).

(Ord. 3443, approved by voters 11-7-95; Am. Ord. 3824, passed 8-1-00)

The provisions of sections 1151.30 through 1151.34 apply to the density, setback and building separation regulations for apartment units in an R-A District.

(Ord. 3443, approved by voters 11-7-95)

Land area shall be divided and developed, and dwelling units shall be erected, altered, moved or maintained in an R-A District only in compliance with the following area regulations to ensure that each apartment development creates an appropriate residential environment:

(a)

Minimum area. The gross area of a tract of land proposed to be developed for apartment units shall be not less than five acres. The entire tract of land to be developed shall be considered one zoning lot.

(b)

Buildings on a lot. More than one apartment building may be developed on the same zoning lot.

(c)

Maximum permitted dwelling units. The residential density of an apartment development shall not exceed ten dwelling units per acre. The maximum permitted density may not be able to be achieved on small sites given the maximum lot coverage, setback standards and parking requirements with which such lots shall comply. The total number of dwelling units permitted shall be calculated by multiplying the total land area, exclusive of public streets existing at the time the development plan is submitted, by the number of dwelling units permitted per acre.

(d)

Maximum coverage. The maximum coverage of the lot, including all areas covered by buildings, vehicular drives, and parking areas shall not exceed 50 percent of the total area of the development project.

(e)

Recreation open space. Each dwelling unit shall have available to the use of its occupants a minimum of 1,000 square feet of usable recreation open space in public or common ownership not exceeding an average slope of 15 percent. To satisfy the requirements of this section, the usable recreation open space required for a dwelling unit shall not satisfy the requirement for any other dwelling unit.

(Ord. 3443, approved by voters 11-7-95)

The following planning criteria are established to regulate the planning and development of apartments:

(a)

Setback from project boundary. The setback of an apartment dwelling from any project boundary shall be based on the length of the apartment dwelling wall facing the project boundary and shall be not less than the distance set forth below:

(1)

When abutting an arterial or collector street, the minimum setback shall be 125 feet.

(2)

When abutting all other project boundary lines, the minimum setback shall be:

A.

Eighty feet or a distance equal to the length of the wall, whichever is greater, when adjacent to an R-60, R-40, R-30 or R-20 District;

B.

Sixty feet or a distance equal to one-half the length of the wall, whichever is greater, when adjacent to an R-16, R-8 or R-8A District, or any NonResidential District.

(3)

The project boundary shall include all lot lines that divide the tract of land developed for apartments from adjacent lots not included in the apartment development and shall be the boundaries of the minimum area set forth in subsection 1151.31(a).

(b)

Building spacing. The minimum distance separating any apartment building, or part thereof, from the nearest building shall be not less than the distance set forth below:

(1)

When the main wall of one dwelling overlaps the main wall of a second dwelling, the minimum separation shall be 80 feet or equal to the length of overlap, whichever is greater.

(2)

When the main wall of one dwelling overlaps the end wall of a second dwelling, minimum separation shall be 50 feet or equal to one-half of the length of overlap, whichever is greater (overlap length x .5).

(3)

When the end wall of one dwelling overlaps the end wall of a second dwelling, minimum separation shall be 25 feet or equal to one-quarter of the length of overlap, whichever is greater (overlap x .25).

(4)

Nonoverlapping walls shall have a minimum separation of 25 feet.

(5)

Definitions. The terms used in this section are defined as follows:

End wall means an exterior wall, other than a main wall, which may be a blank surface or contain windows other than primary windows.

Length of overlap means the length of an exterior wall (or portion thereof) of a building which is directly opposite an exterior wall (or portion thereof) of a second building when two buildings are parallel or within 45 degrees of parallel of each other across an open yard or other space.

Main wall means any exterior wall containing the primary windows of any living, family, or dining room and may contain other windows serving other rooms.

Primary window means any window of a living, dining or family room, which has a sill height of 60 inches or less above the floor.

(c)

Location of dwellings on lot. Apartment dwellings may not be required to front on a public street, provided, however, the main entrance to any apartment dwelling shall be not more than 300 feet from a public street.

(d)

Location of dwelling units in an apartment building. Dwelling units in apartment buildings shall be located in accordance with the following:

(1)

No floor of a dwelling unit shall be located below the approved finished grade.

(2)

No dwelling unit shall be located on a floor having an elevation more than 12 feet above the elevation of the main entrance.

(Ord. 3443, approved by voters 11-7-95)

Any accessory use permitted in an R-A Apartment District may either occupy a part of the main building, occupy a separate accessory structure or constitute an accessory land use.

(a)

Location of parking areas. The site shall be designed so that the accessory parking area shall be located not more than 200 feet from the building entrance of the dwelling units to be served, the distance to be measured along pedestrian walks.

(b)

Use and design of yards. The required yards, set forth in section 1151.33, shall be landscaped and maintained and shall be used only for pedestrian walks and passive recreational areas except as permitted in division (c) below and the schedule established in section 1151.34. If, however, yards between buildings are used for parking areas, driveways or playgrounds, the distances between buildings shall be increased by the dimensions of such intermediary facilities.

(c)

Distances from accessory uses to buildings and streets. The minimum distances from any accessory uses such as storage garages, parking areas, driveways, walks and recreation areas to certain walls of main buildings, streets and boundaries of the development area shall be not less than set forth in the schedule established in section 1151.34.

(d)

Trash receptacles. All trash receptacles shall be located wholly within a main building or in an approved enclosure structure. Exterior trash enclosures shall meet the following requirements except as otherwise approved by the Planning Commission and approved by Council:

(1)

The enclosure shall be six feet in height with solid masonry walls on three sides with a solid gate or door on the fourth side.

(2)

The main building may be one wall, but the trash receptacle shall be a minimum of six feet away from the building and steel bollards shall be installed to maintain the minimum six foot receptacle/building separation. The trash receptacle shall not be located under a building overhang.

(3)

Separate enclosures shall be located at least six feet from the main building with minimum setbacks from property lines equal to the setback requirements for loading dock areas.

(4)

Enclosures shall be designed to be compatible in design and materials as the main building.

(5)

Where enclosures are located adjacent to residential areas or in other visually sensitive areas, as determined by the Planning Commission, trash enclosures shall be further screened with a landscaped buffer as approved by the Planning Commission.

(e)

Design of parking lots. Parking areas shall be appropriately designed and developed as required by the Planning Commission with landscaped areas, pedestrian walkways, and planted islands reasonably distributed throughout so as to interrupt the expanse of paved areas. The parking areas shall meet the requirements of section 1183.15.

(Ord. 3443, approved by voters 11-7-95; Am. Ord. 3824, passed 8-1-00)

(Ord. 3443, approved by voters 11-7-95)

A projection is that part or feature of a building which extends or projects outside of the enclosing walls. Projections shall not be allowed if they would interfere with the reception of sun, light, air and the use of adjacent lots as follows:

(a)

Features of buildings. Building features may project into a required front, side or rear yard of a dwelling, measured from the established yard line, as follows:

(1)

Architectural. An architectural feature, such as a belt course, balcony, bay window, cornice, gutter, chimney or solid overhang, may project into a required front, rear, and side yard for a distance of four feet but all parts of any projection shall not be less than three horizontal feet from any side lot line.

(2)

Entrances. An entrance feature, such as a platform, landing, steps, terrace or other similar features, may extend eight feet into a front or rear yard and three feet into a side yard; however, such feature may not extend above the first-floor level of a building.

(3)

Outside stairs. Outside stairs to be used as a fire escape or an enclosed stairway and the landing leading to the second floor of a structure may project four feet into a required side yard if approved by the Planning Commission.

(4)

Enclosures. Enclosed shelters, an enclosed entry or porch shall not project into any required front yard.

(5)

Unenclosed shelters or device. An unenclosed or louvered shelter or shading device, such as an entrance hood, an open but roofed porch or an awning may project six feet into a required front yard and required rear yard and three feet into a required side yard.

(6)

Open shading device. An open shading device, such as a trellis, louver, or a similar device having more than 75 percent of the surface open may project into a required side yard, but no part of any shading device shall be located within five feet of any side lot line.

(7)

Carports, breezeways. Carports, breezeways, courtyards or other similar structures, or parts thereof, shall not project into any required yards.

(b)

Landscaping. Landscape features, such as hedges, trees and shrubs, and yard structures such as trellises and outdoor fireplaces may be permitted in a required front, side or rear yard as follows:

(1)

In front yards of interior lots, hedges shall be permitted along a side lot line in a required front yard to a height of not more than 3½ feet above the existing grade.

(2)

In front yards of corner lots, landscape features within a triangle formed between points on front and side lot lines within 20 feet from their intersection shall be maintained so as not to obstruct sight lines within a vertical height of 2½ to six feet above curb level.

(3)

Tool sheds and other enclosed structures shall conform to the yard regulations for accessory uses set forth in sections 1151.25 or 1151.33 for the district in which the lot is located.

(4)

Driveways to garages or parking areas shall be permitted in any required yard on a subdivided lot that is more than ten feet wide.

(5)

Other structures, floodlights, searchlights, loud speakers or similar structures shall not be erected or used in a Residential District in any manner that will cause hazards or annoyance to the public generally or to the occupants of the neighboring property.

(6)

A building permit shall be required for pools 1½ feet or more in depth and all accessory buildings.

(Ord. 3443, approved by voters 11-7-95; Am. Ord. 3490, passed 3-5-96; Am. Ord. 3503, passed 5-21-96; Am. Ord. 3943, passed 3-19-02)

All areas in Residential Districts shall be in a Class One Height District unless otherwise shown on the Zone Map.

(Ord. 3443, approved by voters 11-7-95)

In addition to the regulations contained in this chapter, residential subdivisions and development plans shall be submitted, reviewed, and considered for approval according to the following procedures:

(a)

Building permits for existing lots or for approved developments. Building permits for existing lots or developments with approved development plans shall be submitted, reviewed and considered for approval in accordance with the provisions of chapter 1191.

(b)

Residential subdivisions. Plans for subdivisions of land shall be submitted, reviewed and considered for approval in accordance with the provisions contained in title three — Land Planning and Subdivision Regulations.

(c)

Planned development area. Development area plans for a planned development area shall be submitted, reviewed and considered for approval in accordance with the provisions of chapter 1179, chapter 1195 and the applicable provisions of title three — Land Planning and Subdivision Regulations.

(d)

Apartment dwellings. The development plans required shall be determined by the type of development proposed:

(1)

Development on lots abutting existing streets. Development plans shall be submitted to and approved by the Planning Commission in accordance with the provisions set forth in chapter 1193 of this Code for each development of apartment dwellings located on a lot abutting an existing street and not involving the construction of a new street.

(2)

Development involving a new street. Development area plans shall be submitted, reviewed and considered for approval in accordance with the provisions of chapter 1193 and the applicable provisions of title three — Land Planning and Subdivision Regulations.

(Ord. 3443, approved by voters 11-7-95; Am. Ord. 3582, passed 8-5-97)

Community facilities, as used throughout this Zoning Code, means facilities classified as main and accessory buildings and uses in the schedule, section 1153.02. Community Facilities Districts and regulations are established in order to achieve, among others, the following purposes:

(a)

To provide a proper zoning classification for governmental, civic, welfare and recreational facilities in proper locations and extent so as to promote the general safety, convenience, comfort and welfare;

(b)

To protect such public and semipublic facilities and institutions from the encroachment of certain other uses and to make such uses compatible with adjoining residential uses; and

(c)

To provide an environment for the proper functioning of public facilities in relation to the Master Plan and plans for community facilities.

('64 Code, § 1153.01; Ord. 2042, passed 12-20-72)

(a)

Buildings and land shall be used and buildings shall be designed, erected, altered, moved or maintained in a Community Facilities District only for uses set forth in the following schedule:

(b)

Any other community facility use not listed above or in any other district and determined as similar to one of the above classes of community facilities in accordance with the standards of section 1191.10 are permitted.

(c)

Open use, in Community Facilities Districts, means landscaped, sodded, paved or similarly prepared or equipped areas for open uses, such as athletic or court games, picnicking or leisure activities without major structures extending above grade.

('64 Code, § 1153.02; Ord. 2042, passed 12-20-72; Am. Ord. 3195, passed 2-4-92)

The following conditional uses shall be permitted in accordance with the provisions of section 1191.10 when the Planning Commission finds that the following conditions are satisfied:

Permanent floodlighting and other permanent exterior lighting of playfields, buildings, bulletin boards and parking areas shall be located and designed so as to shield the light source from adjoining residences and shall be extinguished or reduced in intensity during late evening and night hours as may be required; additional conditions may be imposed by the commission upon the recommendations of the Safety Director.

('64 Code, § 1153.11; Ord. 2042, passed 12-20-72)

Child day care facilities shall comply with the following regulations:

(a)

Child day care shall be provided by child day care center as defined in the Ohio Revised Code. The child day care center shall be licensed by the state, other applicable governmental agencies, and meet the requirements of the state and those agencies.

(b)

The child day care center shall be located on an arterial or a collector street.

(c)

Minimum lot area shall be two acres.

(d)

Minimum building front yard setback shall be 100 feet.

(e)

A child day care center located in a multiple use building shall provide an entrance completely separate from other uses in the building. Designated parking for the exclusive use of the child day care center shall be located immediately adjacent to the entrance.

(f)

The child day care center shall comply with other applicable regulations for the Zoning District in which it is located.

(g)

Other planning criteria and conditions appropriate to each application may be established by the Planning Commission.

('64 Code, § 1153.16; Ord. 3195, passed 2-4-92)

Buildings and uses permitted in a Community Facilities District shall be located only on lots that comply with the following regulations:

(a)

Minimum lot area. The minimum lot area for each permitted use shall be not less than the area required to accommodate the main and accessory buildings and uses, on-site circulation, required parking and loading facilities and required yards, provided that:

(1)

Class A community facilities shall have a lot area of not less than four acres, except religious facilities and accessory uses on corner lots, not in conjunction with a school, shall then have a lot area of not less than two acres.

(2)

Class D community facilities shall have a lot area of not less than ten acres.

(3)

Class E community facilities shall have a lot area of not less than 20 acres.

(b)

Minimum lot width. The minimum width of any lot used for a permitted community facility shall be not less than the width necessary to accommodate the building or use and maintain the required side yards.

('64 Code, § 1153.21; Ord. 2197, passed 2-3-76)

Buildings and land shall be used and buildings shall be designed, erected, altered, moved and maintained within Community Facilities Districts only in accordance with the following regulations:

(a)

Building setback. The minimum setback of any building or open use from the existing or planned right-of-way of a public street shall be related to the type of street on which it abuts as indicated on the Master Plan and shall be not less than the distance set forth in the schedule, section 1153.32.

(b)

Minimum yard area. The minimum unencumbered yard area equal to the area of the lot not covered by buildings, vehicular drives and parking areas shall be not less than the percent of the area of the lot set forth in the schedule, section 1153.32, nor less than the percent of the area of the lot indicated for the permitted use in districts where it is permitted as a conditional use.

(c)

Side and rear yards. The minimum dimension of the side and rear yard of community facility buildings or open uses shall be related to the district on which it abuts and shall be not less than the distance set forth in the schedule, section 1153.32.

(d)

Trash receptacles. All trash receptacles shall be located wholly within a main building or in an approved enclosure structure. Exterior trash enclosures shall meet the following requirements except as otherwise approved by the Planning Commission and approved by Council:

(1)

The enclosure shall be six feet in height with solid masonry walls on three sides with a solid gate or door on the fourth side.

(2)

The main building may be one wall, but the trash receptacle shall be a minimum of six feet away from the building and steel bollards shall be installed to maintain the minimum six foot receptacle/building separation. The trash receptacle shall not be located under a building overhang.

(3)

Separate enclosures shall be located at least six feet from the main building with minimum setbacks from property lines equal to the setback requirements for loading dock areas.

(4)

Enclosures shall be designed to be compatible in design and materials as the main building.

(5)

Where enclosures are located adjacent to residential areas or in other visually sensitive areas, as determined by the Planning Commission, trash enclosures shall be further screened with a landscaped buffer as approved by the Planning Commission.

(e)

Design of parking lots. Parking areas shall be appropriately designed and developed as required by the Planning Commission with landscaped areas, pedestrian walkways, and planted islands reasonably distributed throughout so as to interrupt the expanse of paved areas. The parking areas shall meet the requirements for section 1183.15

('64 Code, § 1153.31; Ord. 2042, passed 12-20-72; Am. Ord. 3741, passed 7-20-99; Am. Ord. 3824, passed 8-1-00)

('64 Code, § 1153.32; Ord. 2197, passed 2-3-76)

(a)

All Class A, B, C and D community facilities shall be in a Class One Height District.

(b)

All Class E community facilities shall be in a Class Two Height District.

(c)

Height Districts for community facilities may be otherwise shown on the Zone Map.

('64 Code, § 1153.41; Ord. 2042, passed 12-20-72)

Development area plans of proposed public buildings and land improvements shall be submitted according to the procedures set forth in chapter 1195. Criteria for reviewing a development plan for a public facility shall be:

(a)

The proposed building or use shall be located properly in relation to these criteria, to the duly adopted Master Plan, Renewal Plan or Community Facilities Plan of the city, or an area plan of the neighborhood which includes the site of the proposed public facility;

(b)

The proposed public facility building and use shall have direct vehicular access to major or minor arterial streets as shown on a duly adopted Master Plan. Elementary schools may, however, be located on a collector street; and

(c)

The location, design and operation of such main and accessory public facility buildings and use shall not adversely affect the surrounding residential neighborhood.

After approval of the preliminary plan, final plans shall be prepared and submitted to the Planning Commission in accord with procedures set forth in this Zoning Code. A building permit shall not be issued until such plans are approved by the commission and confirmed by Council. In addition to the above requirements, appropriate conditions applying to the particular situation may also be specified in the approval and permit.

('64 Code, § 1153.51; Ord. 2042, passed 12-20-72)

Office Building, Local Business, Shopping Center, Commercial Service and Motor Service Business Districts are hereby established in order to achieve, among others, the following purposes:

(a)

To provide in appropriate and convenient locations, Zoning Districts of sufficient size to serve and to promote the economic development of the community, more specifically:

(b)

To provide Office Building Districts which, by restricting the types of business, office and institutional uses, do not create large parking needs or generate large volumes of traffic;

(c)

To provide Local Business Districts to serve the needs for convenience goods in proximity to the immediate neighborhood, and which do not generate large volumes of traffic;

(d)

To provide Shopping Center Districts of sufficient size and in highly accessible locations to encourage the development of planned, integrated shopping centers within the community;

(e)

To provide Commercial Service Districts in which business uses may locate which may require larger land areas, generate large traffic volumes and/or which may not be permitted in the other Business Districts of this Zoning Code;

(f)

To provide Motor Service Districts in convenient areas directly related to the freeway interchanges to serve the needs of through and local motorists;

(g)

To protect adjacent residential and commercial properties by restricting the type of uses, particularly at the common boundaries, which would create hazards, noise, odors or other objectionable influences;

(h)

To provide for landscaped settings for such developments in order to protect adjacent residential areas and areas of less intense usage;

(i)

To relieve traffic congestion on the streets by requiring off-street parking and loading facilities; and

(j)

To promote the desirable and beneficial use of the land based upon the Master Plan and directed to bring about eventual conformity with the Master Plan as it may be amended.

('64 Code, § 1155.01; Ord. 3027, approved by voters 11-7-89; Am. Ord. 3741, passed 7-20-99)

Buildings and land shall be used and buildings shall be designed, erected, altered, moved or maintained in Office Building, Local Business, Shopping Center, Commercial Service and Motor Service Districts only for the uses set forth for each respective district in the schedule and regulation of this chapter.

(a)

Existing dwellings within any Business District shall be construed as a nonconforming use, but may be continued, extended, altered, moved and maintained subject to all lots, setbacks and planning criteria and height regulations of the nearest Residential District.

(b)

A lot occupied by a one or two-family dwelling shall not be occupied by any other main use permitted in any Business District or accessory use other than accessory to a dwelling.

(c)

Any building designed and constructed as a one or two-family residence and existing within any Business District on the effective date of this section (Ordinance 2042, passed December 20, 1972) shall not be occupied, in whole or in part, by any other use unless the entire building is redesigned and reconstructed to express and serve the proposed use in regard to exterior design, the building plan and sites plan and must be in accordance with all requirements of the Building Code pertaining to commercial structures.

('64 Code, § 1155.02; Ord. 3027, approved by voters 11-7-89; Am. Ord. 3741, passed 7-20-99)

(a)

Main buildings and uses permitted.

(1)

R-60 buildings and uses. All buildings and uses of the types permitted and regulated in R-60 Residential Districts shall be permitted in Office Building Districts, except residential dwellings and uses of all types, shall be prohibited.

(2)

Office buildings. The following types of office buildings shall be permitted in Office Building Districts.

A.

Administrative, executive, financial, governmental, professional, including medical laboratories, clinics, hospitals, public utility and real estate offices;

B.

Sales offices, provided only samples are displayed or stored in the building, and provided no goods shall be stored in or distributed therefrom

(3)

Assembly halls. Assembly halls, nonresidential, religious, educational or civic institutions shall be permitted including, if deemed desirable, a residence for a custodian or caretaker.

(4)

Mortuaries. Mortuaries, including the residence of the owner or manager and his immediate family are permitted if it is determined by the Planning Commission that such use is compatible with the surrounding area upon approval in accordance with the procedures and criteria of chapter 1193.

(b)

Similar main uses permitted. Any other office or use not listed above or in any subsequent classification may be permitted if determined by the Planning Commission to be a use similar to any permitted use in accordance with the procedures set forth in section 1191.11.

(c)

Accessory uses permitted. Any accessory use which is incident to a permitted main use shall be permitted provided it is planned and developed integrally with the main building, and with adjacent buildings and that it has no injurious effects on the adjoining Residential Districts, such as:

(1)

Storage garages, off-street parking areas for employees and customers as required and regulated in chapter 1183.

(2)

Maintenance and storage facilities, if provided, within the main building or buildings and employee lunch rooms.

(3)

Construction signs, professional nameplates and building identification signs, as permitted and regulated in section 1187.13.

(4)

Child day care provided exclusively for children of employees.

(d)

Conditional uses permitted. The following conditional uses may be permitted as an option of the city to grant by conditional use permit in accordance with the provisions of section 1191.10 after recommendation of the Planning Commission and approval of Council:

(1)

Child day care. In accordance with the requirements of section 1153.16, Regulations for child day care.

(2)

Retail stores, services. Retail stores and services conducted in wholly enclosed, historic buildings (defined as a building at least 100 years old) offering convenience goods and services to the following extent shall be permitted:

A.

Retail sales.

1.

Books and gifts.

2.

Wearing apparel.

3.

Flowers.

4.

Musical instruments.

B.

Services.

1.

Interior decorating.

2.

Tailors provided no work shall be done on the premises for retail outlets elsewhere.

3.

Photographic and art studios.

Any retail stores, services permitted as a conditional use shall be nontransferable and shall become null and void if the user to whom the permit is granted ceases to operate the business for a six-month period.

('64 Code, § 1155.03; Ord. 2042, passed 12-20-72; Am. Ord. 3195, passed 2-4-92; Am. Ord. 4852, passed 6-17-14; Am. Ord. 4915, passed 3-17-15)

(a)

Main buildings and uses permitted.

(1)

Office Building District uses. Building and uses permitted in Office Building Districts shall be permitted in Local Business Districts except mortuaries and conditional uses allowed under subsection 1155.03(d) shall be prohibited.

(2)

Retail stores, services. Retail stores and services conducted in wholly enclosed buildings offering convenience goods and services to the following extent shall be permitted:

A.

Retail sales.

1.

All food and beverages.

2.

Serving of food and all beverages.

3.

Drugs, sundries, books and gifts.

4.

Household hardware, supplies and appliances, radio and television.

5.

Wearing apparel.

6.

Flowers and floral supplies and equipment.

7.

Sporting goods, musical instruments.

B.

Services.

1.

Personal services, such as beauty and barber shops and interior decorating.

2.

Laundry agencies and laundromats, tailors, pressing and cleaning agencies, shoe repair, television, radio and small appliance repair, provided no work shall be done on the premises for retail outlets elsewhere.

3.

Automobile service stations as defined by section 1113.04 in the Subdivision Regulations, but not including gasoline stations.

4.

Photographic and art studios.

(3)

Retail sales in open yards. The sale of gasoline and oil.

(b)

Similar main uses permitted. Any other retail neighborhood store, shop or service not listed above or in any subsequent use classification, and determined as similar by the Planning Commission according to the standards set forth in section 1191.11 shall be permitted.

(c)

Accessory uses permitted. Any accessory use such as storage of goods or processing operations which are clearly incident to conducting a retail business or service establishment permitted as a main use shall be permitted, provided such a use is within a wholly enclosed building and has no injurious effect on adjoining Residential Districts.

(1)

Accessory off-street parking and loading facilities as required and regulated in chapter 1183.

(2)

Signs as permitted and regulated in section 1187.13.

('64 Code, § 1155.04; Ord. 2042, passed 12-20-72; Am. Ord. 3195, passed 2-4-92; Am. Ord. 4853, passed 6-17-14)

(a)

Main buildings and uses permitted.

(1)

Local Business District uses. All buildings and uses as permitted in Local Business Districts shall be permitted in Shopping Center Districts, except retail sales in open yards shall be prohibited.

(2)

Retail stores, services, amusements. Additional retail stores and amusement and recreational uses conducted in wholly enclosed buildings offering convenience and shopping goods and services to the following extent:

A.

Retail sales.

1.

State liquor stores.

2.

All general merchandise and furniture.

3.

Business supplies and equipment.

B.

Amusements and recreation. Amusement and recreational uses within wholly enclosed and soundproofed buildings such as:

1.

Assembly and meeting halls.

2.

Bowling alleys and billiard halls.

3.

Theaters.

(b)

Similar main uses permitted. Any other retail store, service or office or use not listed above or in any other use classification and determined as similar by the Planning Commission according to the standards set forth in section 1191.11 shall be permitted.

(c)

Accessory uses permitted. Any accessory use such as enclosed storage of goods or processing which is clearly incidental to conducting a retail business or service establishment which is permitted as a main use shall be permitted.

(1)

Accessory off-street parking and loading facilities as required and regulated in chapter 1183.

(2)

Signs as permitted and regulated in section 1187.13.

('64 Code, § 1155.05; Ord. 2042, passed 12-20-72)

(a)

Main building and uses permitted.

(1)

Retail sales, services in buildings. Retail sales and service uses conducted in wholly enclosed buildings shall be permitted in Commercial Service Districts including:

A.

Lumber yards, building materials and supply, hardware, tools, appliances and electrical supplies.

B.

Garden supplies and equipment, garden furniture and nursery stock.

C.

Motor vehicle sales and services, sale of tires, parts and accessories, repair and service garages; auto washes, service stations and gasoline stations as defined by section 1113.04 of the Subdivision Regulations.

D.

Rental of automobiles, trucks and trailers, provided that all vehicles, equipment and supplies must be stored indoors.

E.

Pet shops and veterinarian hospitals.

F.

Sale of sport equipment, motorcycles, boats and outboard motors, provided that all merchandise, equipment and supplies must be stored indoors.

G.

Shops for artists and craftsmen and sale of art and craft objects.

H.

Woodworking, plumbing, heating, electrical and ornamental iron shops.

I.

Laundries and dry cleaners.

J.

Photographic developing, blueprinting, letter job and newspaper printing, telephone exchanges, transformer stations and public utility garages.

(2)

Retail sales and service uses in open yards.

A.

Sale and storage of motor vehicles provided that the operation is in conjunction with a new motor vehicle agency on the same or adjacent lot and that all vehicles shall be stored and displayed in wholly enclosed structures shall be permitted, except that not more than five new vehicles may be displayed in a required side yard, behind the building setback line, between the hours of 9:00 a.m. and 9:00 p.m. provided they are screened from the street by a substantially solid landscaped planting or hedge at least three feet in height.

B.

Garden equipment and supplies, garden furniture and nursery stock shall be permitted, provided:

1.

The operation is in conjunction with a store building or retail greenhouse on the same lot; and

2.

No goods are sold, stored or displayed in a required front or side yard.

C.

Automotive, sale of gasoline, oil and accessories, motor vehicles and rental trailers shall be permitted, provided no goods, trailer or vehicle shall be sold, rented, stored or displayed in a required front or side yard and all trailers and vehicles shall be screened from any street or any abutting Residential District by a substantially solid fence or landscaped hedge not less than five feet in height, except that not more than five such new trailers or vehicles may be (see division (a)(2)A. hereof).

(b)

Similar main uses permitted. Any other commercial service establishment not listed in the above classification and determined as similar by the Planning Commission in accordance with the standards set forth in section 1191.11 shall be permitted.

(c)

Accessory uses permitted. Any accessory use such as storage of goods or processing operations which are clearly incident to conducting a commercial service establishment permitted as a main use shall be permitted, provided such a use is within a wholly enclosed building.

(1)

Accessory off-street parking and loading facilities as regulated in chapter 1183.

(2)

Signs as permitted and regulated in section 1187.13.

('64 Code, § 1155.06; Ord. 2042, passed 12-20-72)

(a)

Main buildings and uses permitted. The following main buildings and uses shall be permitted in Motor Service Districts:

(1)

Full service hotels that include a minimum of 10 percent of the total hotel floor area devoted to lounges, restaurants that are open to the public, and/or meeting rooms, exclusive of lobbies or registration areas.

(2)

The serving of food and all beverages in wholly enclosed buildings. Drive thru windows or facilities are not permitted.

(3)

Gasoline stations as defined by section 1113.04 of the Subdivision Regulations. A gasoline station shall be permitted to have the following ancillary uses when such uses are located on the same lot as the gasoline station:

A.

Retail sales of convenience items such as: groceries, automotive supplies and prepared foods provided that the building floor area devoted to retail sales shall not exceed 3,000 square feet. Drive thru windows or facilities are not permitted.

B.

Car wash facility.

(b)

Similar main uses. Any other motor service establishment or use not listed above or in any other use classification and determined as similar by the Planning Commission shall be permitted according to the standards set forth in section 1191.11.

(c)

Accessory uses permitted. Any accessory use such as storage of goods or processing which is clearly incidental to conducting a motor service establishment which is permitted as a main use shall be permitted.

(1)

Accessory off-street parking and loading facilities as required and regulated in chapter 1183.

(2)

Signs as permitted and regulated in section 1187.13.

('64 Code, § 1155.07; Ord. 2042, passed 12-20-72; Am. Ord. 3741, passed 7-20-99)

Buildings and uses permitted in any Business District shall be located only on a lot that complies with the following regulations.

(a)

Hotels shall have a lot area of not less than 1,000 square feet for each rental or sleeping unit or equivalent use, or six acres of total side area, whichever is the greater shall govern.

(b)

Gasoline stations and service stations shall have a lot area of not less than 40,000 square feet.

(c)

The minimum lot width for any lot within any Business District having direct access to an arterial street as indicated on the Master Plan shall be not less than 100 feet provided:

(1)

A lot of less width may be developed in Shopping Center Districts when such lots also abut a rear alley, common parking area or service road; and

(2)

Gasoline service stations shall have not less than 200 feet of frontage on each abutting street.

('64 Code, § 1155.21; Ord. 2550, passed 8-18-81)

All buildings and land shall be used and all buildings shall be designed, erected, altered, moved and maintained within any Business District in accordance with the following regulations and those in section 1155.32.

(a)

Minimum yard area. The minimum area of the landscaped yards of any development, exclusive of area covered by buildings, open uses, parking areas, loading areas and driveways, shall be not less than the percent set forth in the schedule, section 1155.32. The Planning Commission may require that such yard areas be landscaped with ground cover, shrubs, trees and maintained in a condition satisfactory to the city.

(b)

Front yards. All buildings and parking areas shall be set back from the planned right-of-way of any abutting street not less than the distance set forth in the schedule, section 1155.32, or as otherwise established on the Zone Map.

(c)

Side yards. Each lot or separate development shall have at least one side of not less than 12 feet in width unless the on-site circulation, parking and loading are coordinated with adjoining developments and set forth in a joint agreement. Where buildings are not built along the property line in accordance with such agreement, the minimum yard shall be 12 feet.

(d)

Rear yards. Each lot shall have a rear yard not less than 40 feet deep unless provisions for on-site circulation, parking and loading facilities are coordinated with adjoining business development through a joint agreement.

(e)

Yards abutting Residential Districts. The minimum dimension of side or rear yards shall be not less than the distance set forth in the schedule, section 1155.32, where any business development abuts a Residential District.

(f)

Screening of business areas. The Planning Commission may require that all business buildings, uses, parking areas, loading facilities and driveways be screened from adjacent industrial, community facility and Residential Districts by a substantially solid fence, hedge and/or other landscaping at least 20 feet wide and not less than five and one-half feet in height.

(g)

Trash receptacles. All trash receptacles shall be located wholly within a main building or in an approved enclosure structure. Exterior trash enclosures shall meet the following requirements except as otherwise approved by the Planning Commission and approved by Council:

(1)

The enclosure shall be six feet in height with solid masonry walls on three sides with a solid gate or door on the fourth side.

(2)

The main building may be one wall, but the trash receptacle shall be a minimum of six feet away from the building and steel bollards shall be installed to maintain the minimum six foot receptacle/building separation. The trash receptacle shall not be located under a building overhang.

(3)

Separate enclosures shall be located at least six feet from the main building with minimum setbacks from property lines equal to the setback requirements for loading dock areas.

(4)

Enclosures shall be designed to be compatible in design and materials as the main building.

(5)

Where enclosures are located adjacent to residential areas or in other visually sensitive areas, as determined by the Planning Commission, trash enclosures shall be further screened with a landscaped buffer as approved by the Planning Commission.

(h)

Design of parking lots. Parking areas shall be appropriately designed and developed as required by the Planning Commission with landscaped areas, pedestrian walkways, and planted islands reasonably distributed throughout so as to interrupt the expanse of paved areas. The parking areas shall meet the requirements of section 1183.15

('64 Code, § 1155.31; Ord. 2550, passed 8-18-81; Am. Ord. 3741, passed 7-20-99; Am. Ord. 3824, passed 8-1-00)

('64 Code, § 1155.32; Ord. 2159, passed 5-20-75)

(a)

Definition. The business planned development area (BPDA) is a conditional development and an option of the city to grant by conditional use permit after recommendation of the Planning Commission and approval of Council for any Business Zoning District when:

(1)

It is determined by the commission and Council that it is in keeping with the intent of the city's objectives, the character of the city and will enhance and complement the city; and

(2)

It complies with the standards and regulations for the district in which the BPDA is located, unless such standards and regulations are specifically modified as may be permitted within this chapter.

(b)

Planning and organization. The BPDA shall be an area of a totally planned development project under one organization. This organization shall be responsible for:

(1)

Establishment of the overall General Development Plan, development concept, site plan, architectural theme; and

(2)

The preparation of overall preliminary plans and for obtaining approval of the conditional use permit and overall preliminary plans.

The final and total BPDA may be developed by a single or separate entities. Any separate entity shall be bound by the provisions of the BPDA General Development Plan.

(c)

General Development Plan. The overall development shall be described in a General Development Plan which shall include the following documentation:

(1)

General description of the development organization.

(2)

General description of the development area

(3)

General description of uses.

(4)

All requested deviations from the city Codes.

(5)

Architectural concept including considerations of: environment, style, materials, colors, compatibility with surrounding developments, and the like.

(6)

Signage concept including: style, colors, materials, location, sizes, and the like.

(7)

Landscape concept.

(8)

Parking provisions and agreements.

(9)

General agreement to be used with the prospective users of the buildings or units on control of: uses, aesthetics, maintenance, common areas and specifications of allowable signs.

(10)

Any other information required by the Planning Commission.

(d)

General development criteria. The following general development criteria shall apply unless specifically otherwise recommended as deviations by the commission and approved by Council.

(1)

The BPDA shall not be less than three acres.

(2)

All buildings will be considered for a Class Two height except those designed for office use which shall be considered up to a Class Three height.

(3)

Mixed zoning and nonconforming permitted uses may be allowed provided that the primary use is a permitted use in the Business Zoning District in the BPDA. The mixed zoning or nonconforming uses shall be compatible with the primary use and shall be designed and approved as a deviation with the preliminary plan for the development.

(4)

Standard general regulations and density for the type of development being considered will be used for each building and use.

(5)

Yard requirements for the development boundaries shall be the standard yard requirements for the Development Zoning District. However, building and parking setbacks may be reduced to those of adjacent or similar developments in the city. Also, the commission may develop specific setback criteria for approval with the preliminary plan.

(6)

Buildings adjacent to a freeway shall be designed and landscaped to be visually attractive as seen from the highway and other contiguous points.

(7)

Coordinated and/or shared parking may be permitted with adjacent private or public parking areas.

(8)

Compact car parking with reduced parking space may be permitted as a deviation provided the specific development criteria and areas are approved with the preliminary site plan. The compact car parking area shall be identified with signs approved by the commission.

(9)

Lighting shall be of low intensity, white light type. The direct light rays shall be shielded from adjacent developments and streets.

(10)

One development ground sign for the BPDA identification shall be permitted per street. No individual business identification shall be permitted on the BPDA sign. In addition, no individual business ground signs shall be permitted. Pole signs are expressly prohibited.

(11)

Distances between driveway entrances to the development and adjacent development driveways shall be based on good development design and safe traffic flow.

(12)

All electrical wiring shall be underground.

(e)

Existing business developments. Existing business developments may be converted to BPDA in accordance with new BPDA procedures and regulations provided:

(1)

The development is being expanded and/or extensively remodeled to conform to a General Development Plan.

(2)

Several existing business developments are joining together for coordinated redevelopment under a joint organization and General Development Plan.

(f)

Approval of the business development area. The BPDA shall be submitted and approved under the procedures for conditional use permits in section 1191.10 and the procedures and requirements of chapter 1195.

(g)

Amendments. The BPDA and General Development Plan documents may be extended or amended to include changes to or additions of area, deviations, existing developments or mixed zoning uses in accordance with the original BPDA approval procedures.

(h)

Conditional use permit expiration. The conditional use permit shall expire one year after approval by Council unless construction commences within that period of time. The conditional use permit shall expire five years after approval by Council whether or not construction of the development is completed in accordance with the BPDA approval plans. However, the conditional use permit may be renewed for additional like periods upon recommendation of the Planning Commission and approval of Council provided application for renewal is made prior to expiration of the permit.

('64 Code, § 1155.33; Ord. 2982, approved by voters 11-7-89)

Unless otherwise shown on the Zone Map, all Office Building, Local Business, Commercial Service or Motor Service Districts shall also be in a Class One Height District and all Shopping Center Districts shall be in a Class Two Height District.

('64 Code, § 1155.41; Ord. 2550, passed 8-18-81)

Development plans shall be submitted to and approved by the Planning Commission for all proposed business developments in accordance with the requirements and procedures set forth in chapter 1193.

('64 Code, § 1155.51; Ord. 2550, passed 8-18-81)

(a)

The city contains some large areas of undeveloped land and areas for possible future redevelopment of land. Development of these lands may require special consideration due to the density of the development proposed or size of the area to be developed. The Planned Development Overlay District is hereby established in order to achieve, among others, the following objectives:

(1)

To ensure compatibility with surrounding development.

(2)

To provide for an acceptable transition between commercial and residential land areas.

(3)

To provide for a compatible mixed-use development.

(4)

To comply with the objectives of the city's Master Plan.

(b)

The Planned Development Overlay District may assist in accomplishing these objectives by combining the planning process with a request for change of zoning. The Planning Commission shall designate, regulate and restrict the location, design and use of buildings, structures and interior streets; promote high standards of external appearance of buildings and grounds; establish a development pattern which preserves and utilizes natural topography, scenic vistas, trees and other vegetation and prevents disruption of natural drainage patterns and minimize disruptions to flow of traffic on adjacent thoroughfares.

(c)

The Planned Development District shall provide the city and the developer a method of comprehensively planned development for certain lands that could not easily be accomplished through the planning criteria established for other Zoning Districts.

(Ord. 3215, passed 7-7-92)

A change in zoning to a Planned Development Overlay District shall be initiated by the developer. The developer may request one of the following development categories as permissible for a specific Planned Development Overlay District subject to Building and Zoning Code and those special provisions as may be recommended by the Planning Commission and approved by Council.

(a)

Retail planned development. Permitted uses may be buildings and uses as permitted under section 1155.04 Use regulations; Local Business Districts.

(b)

Office planned development. Permitted uses may be buildings and uses as permitted under section 1155.03 Use regulations; Office Building Districts.

(c)

Industrial planned development. Permitted uses may be buildings and uses as permitted under section 1157.03 Use Regulations; Office-Laboratory District and section 1157.04 Use regulations; Manufacturing Distribution District.

(d)

Residential planned development. Permitted uses may be buildings and uses as permitted under one of the various Residential District designations of section 1151.04, Schedule of Buildings and Uses. More than one Residential District designation may be considered in a single Planned Development Overlay District if recommended by the Planning Commission and approved by Council.

(e)

Other planned development. Other Zoning Districts may be considered if recommended by the Planning Commission and approved by Council.

(f)

Mixed-use planned development. A combination of the preceding development categories and their corresponding uses may be considered in a single Planned Development District to form an appropriate mixed-use development.

(Ord. 3215, passed 7-7-92)

Planning criteria specific to each requested Planned Development Overlay District including but not limited to building and parking setbacks, maximum building area, minimum unencumbered yard area, building height, parking and loading, and sign regulations shall be consistent with those as contained in the Zoning District for each proposed use, unless specifically otherwise recommended as a deviation by the Planning Commission and approved by City Council.

(Ord. 3215, passed 7-7-92)

The Planned Development Overlay District shall be controlled by the General Development Plan which shall be detailed in a document containing the following information:

(a)

A plat indicating the location and boundaries of the Planned Development Overlay District.

(b)

Establishment of the Development Category designation for the Planned Development Overlay District as either Retail, Office, Industrial, Residential or from other Zoning Districts. In the case of mixed-use planned development, each separate Zoning District considered shall be specifically located and boundaries established by plat.

(c)

Planning criteria established for the Planned Development Overlay District pursuant to section 1156.21. In the case of mixed-use planned development, planning criteria shall be established for each Zoning District considered.

(d)

Guidelines for any approved phasing of development.

(e)

Other planning criteria, conditions, and limitations as recommended by the Planning Commission and approved by Council.

(f)

Approved Development Plans.

(Ord. 3215, passed 7-7-92)

The Planned Development Overlay District shall initially be an area of a totally planned development project under one organization. This organization shall be responsible for initiating the change in zoning which shall require the following:

(a)

Submission of the request for a change in zoning according to the requirements of chapter 1199, Amending Procedures.

(b)

Establishment of an overall General Development Plan.

(c)

Preparation and submission of the Preliminary Development Plans according to the guidelines established by the General Development Plan and the requirements of chapter 1195, Planned Development Areas.

(Ord. 3215, passed 7-7-92)

The request for a change in zoning to a Planned Development Overlay District shall be submitted, reviewed and approved according to chapter 1199, amending procedures and all other applicable procedures and regulations of the city. Upon approval of the change of zoning, the newly created Planned Development Overlay District shall be an overlay of the existing Zoning District or Districts.

Development plans for the Planned Development Overlay District shall be submitted, reviewed, approved and amended under the procedures for conditional use permits in section 1191.10, conditional use permits and the procedures and requirements of chapter 1195, Planned Development Areas with the following exceptions and clarifications:

(a)

The Preliminary Development Plans shall be submitted and reviewed simultaneous with the request for a change of zoning but approval and granting of the conditional use permit shall only become effective upon the effective date for the approval of the change of zoning.

(b)

Any requested change to the General Development Plan including deviations from the established planning criteria after approval of the change of zoning shall be considered according to section 1195.09, Amendment to plans with the exception of any change to the boundaries or development category designation pursuant to subsections 1156.31(a) and 1156.31(b), respectively, which shall require a change in zoning.

(Ord. 3215, passed 7-7-92)

The change of zoning to a Planned Development Overlay District shall be void and the land shall revert to the underlying Zoning District classification if:

(a)

Final Development Plans are not submitted within one year from the date of approval of the change of zoning unless an extension is granted pursuant to subsection 1195.05(b)(3).

(b)

A building permit has not been issued within one year after approval of the Final Development Plans or the building permit expires without commencement of construction, unless an extension is granted pursuant to section 1195.10.

(Ord. 3215, passed 7-7-92)

Office-laboratory and Manufacturing-distribution Districts are hereby established in order to achieve, among others, the following purposes:

(a)

To provide convenient and sufficient areas for carrying on research and development and for the production and distribution of goods to serve and promote economic development of the community;

(b)

To provide Office-laboratory Districts in which office uses are permitted and where limited retail and limited manufacturing associated with research and development laboratories are permitted as conditional uses;

(c)

To protect and stabilize developments from traffic congestion by regulating the intensity of use, by requiring off-street parking, loading and on-site circulation facilities and by regulating the access to street;

(d)

To protect nearby Residential Districts by restricting the types of manufacturing uses to those which will not create objectionable influences;

(e)

To protect manufacturing and related development against congestion insofar as possible and appropriate by limiting the bulk of buildings in relation to the land and by providing off-street parking and loading facilities;

(f)

To promote the most desirable use of land in accordance with the objectives of the Master Plan of the city; and

(g)

To provide for landscaped settings for such developments in order to protect adjacent residential areas and areas of less intense usage.

('64 Code, § 1157.01; Ord. 2042, passed 12-20-72; Am. Ord. 3741, passed 7-20-99)

Buildings and land shall be used and shall be designed, erected, altered, moved and maintained in Office-laboratory and Manufacturing-distribution Districts only for the uses specifically permitted in the use regulation established for each district.

(a)

Existing dwellings within any Industrial District shall be construed as a nonconforming use, but may be continued, extended, altered, moved and maintained subject to all lot, setbacks and planning criteria and height regulations of the nearest Residential District.

(b)

A lot occupied by a one or two-family dwelling shall not be occupied by any other main use permitted in any Industrial District or accessory use other than accessory to a dwelling.

(c)

Any building designed and constructed as a one or two-family residence and existing within any Industrial District on the effective date of this section (Ordinance 2042, passed December 20, 1972) shall not be occupied, in whole or in part, by any other use unless the entire building is redesigned and reconstructed to express and serve the proposed use in regard to exterior design, the building plan and site plan, and shall be in accordance with all the requirements of the Building Code pertaining to industrial structures.

('64 Code, § 1157.02; Ord. 2042, passed 12-20-72)

(a)

Main buildings and uses permitted. The following main buildings and uses shall be permitted in Office-laboratory Districts.

(1)

Office buildings.

A.

Administrative, executive.

B.

Professional, engineering. For purposes of this section, the term "engineering" includes the creation, design, development and research of goods and services through mechanical, chemical, civil, electrical and/or geotechnical engineering.

C.

Financial, accounting.

D.

Governmental.

E.

Public utility.

F.

Sales offices, provided only samples are displayed or stored in the building and no goods are distributed.

G.

Medical laboratories.

H.

Hospitals.

(b)

Conditional uses permitted. The following conditional uses may be permitted as an option of the city to grant by conditional use permit in accordance with the provisions of section 1191.10 after recommendation of the Planning Commission and approval by Council

(1)

Ancillary business uses in office buildings in accordance with the requirements set forth below:

A.

Ancillary business uses shall be limited to:

1.

Banking and other financial services.

2.

Cafeteria, snack bar, sit down restaurant/lounge.

3.

Newsstand, barber or beauty shops.

4.

Any other similar service or retail facility engaged primarily in providing service to the office building tenants and their employees.

B.

Such uses shall be located, sized and intended to provide support services to the primary businesses and employees of the development;

C.

The surrounding office or industrial area shall be of sufficient size to warrant these services.

(2)

Manufacturing facilities and operations associated with research and development laboratories when necessary or incidental in connection therewith, but not for conducting thereon manufacturing operations of any other kind. However, such associated manufacturing uses shall not be permitted in office developments that have direct access onto SR 21 or that have access onto SR 21 from an interior street serving the office development. For purposes of this section, "office development" shall mean two or more buildings under common ownership used solely for professional, financial or administrative offices, but shall not include mixed-use or multi- use developments which contain a mixture of all or some of the following uses: office, retail, residential, research and development and manufacturing facilities.

(3)

Child day care. In accordance with the requirements of section 1153.16, Regulations for child day care.

(c)

Similar main uses permitted. Any other office-laboratory establishment or use not listed above or in any other use classification and determined as similar by the Planning Commission shall be permitted according to the standards set forth in section 1191.11.

(d)

Accessory uses permitted. Any accessory use which is incident to a permitted main use shall be permitted provided it is planned and developed integrally with the main building, and that it has no injurious effects on the adjoining Residential District, such as:

(1)

Storage garages and off-street parking for employees and customers as required and regulated in chapter 1183.

(2)

Maintenance and storage facilities fully enclosed in an approved building or buildings.

(3)

Employee lunch rooms, recreational facilities and employee assembly rooms if provided in main building or buildings.

(4)

Signs as permitted and regulated in section 1187.16.

(5)

Child day care provided exclusively for children of employees.

(e)

Prohibited uses. Over the counter type sales.

('64 Code, § 1157.03; Ord. 2042, passed 12-20-72; Am. Ord. 2140, passed 1-21-75; Am. Ord. 3195, passed 2-4-92; Am. Ord. 3741, passed 7-20-99; Am. Ord. 4854, passed 6-17-14; Am. Ord. 5295, passed 1-21-20)

(a)

Main buildings and uses permitted. The following main buildings and uses shall be permitted in Manufacturing-distribution Districts.

(1)

Buildings and uses permitted in Office-laboratory Districts.

(2)

Manufacturing limited to the following products and processes performed within wholly enclosed buildings:

A.

Clothing, leather goods, athletic equipment.

B.

Cosmetics, toiletries, pharmaceutical products (compounding).

C.

Food and drink products.

D.

Manufacturing processes such as fabrication, cutting, machining, sawing, polishing and assembling products, such as:

1.

Cameras, clocks, jewelry, cutlery, kitchen utensils.

2.

Electrical appliances, equipment and supplies.

3.

Hand tools, dies, engineering, medical and musical instruments and similar steel products.

E.

Printing, publishing and engraving.

F.

Wood products such as furniture, patterns.

G.

Medical devices.

H.

Electronic devices.

(3)

Distribution and wholesale establishment conducted from wholly enclosed buildings where the main use consists of the receiving and distribution of products for retail sale elsewhere; provided that:

A.

All vehicles other than automobiles for employees, customers or company use cars shall be parked, stored or serviced either in an enclosed building or in an open yard behind the building setback line and shall be screened from abutting streets and property by a solid masonry wall or evergreen hedge at least five feet in height at the time of planting or landscaped earth mound, as deemed suitable by the Planning Commission.

(4)

Household moving and storage establishments, bus terminals and storage garages.

(b)

Similar main uses permitted. Any other office use not listed above or in any subsequent classification may be permitted if determined by the Planning Commission to be a use similar to any permitted use in accordance with the procedures set forth in section 1191.11.

(c)

Accessory uses permitted. Any accessory use which is incident to a permitted main use shall be permitted, provided it is planned and developed integrally with the main building, and that it has no injurious effects on the adjoining Residential Districts, such as:

(1)

Storage garages and off-street parking for employees and customers as required and regulated in chapter 1183.

(2)

Maintenance and storage facilities fully enclosed in an approved building or buildings.

(3)

Employee lunch rooms, recreational facilities and employee assembly rooms if provided in the main building or buildings.

(4)

Signs as permitted and regulated in section 1187.16.

(5)

Child day care provided exclusively for children of employees.

(d)

Prohibited uses. Over the counter type sales.

(e)

Conditional uses permitted. The following conditional uses may be permitted as an option of the city to grant by conditional use permit in accordance with the provisions of section 1191.10 after recommendation of the Planning Commission and approval of Council:

(1)

Child day care. In accordance with the requirements of section 1153.16, Regulations for child day care.

(2)

Retail sales and service uses in open yards. Garden equipment and supplies, lumber, garden furniture and nursery stock can be permitted outdoors provided that this is in conjunction with a main use retail establishment on the same lot and no goods are sold, stored or displayed in a required front or side yard.

(3)

Any other use not listed above or in any subsequent classification may be permitted if determined by the Planning Commission to be appropriate in accordance with the procedures set forth in section 1191.10.

('64 Code, § 1157.04; Ord. 2042, passed 12-20-72; Am. Ord. 2140, passed 1-21-75; Am. Ord. 3195, passed 2-4-95; Am. Ord. 3824, passed 8-1-00; Am. Ord. 4855, passed 6-17-14; Am. Ord. 4856, passed 6-17-14; Am. Ord. 5273, passed 12-17-19)

As a precedent to occupancy, any use permitted in an Office-laboratory or Manufacturing-distribution District, shall comply with the following performance standards:

(a)

Structures. All permitted main and accessory uses and operations shall be performed wholly within an enclosed building or buildings, provided that:

(1)

Testing and storage of a finished product in open yards may be permitted if the yard is screened from abutting streets and residential areas by a substantially solid fence or landscaping at least five feet in height at the time of planting as deemed suitable by the commission,

(2)

Overnight parking of cargo carriers in the process of loading or unloading may be permitted in the side or rear yard if the yard is screened from abutting streets by a substantially solid fence or landscaping at least five feet in height, as deemed suitable by the Planning Commission.

(3)

Roof top equipment shall either be out of sight from the road right-of-way or shall be suitably screened from that view. The screening shall be of a type that is harmonious with the building and acceptable to the Planning Commission.

(b)

Fire prevention. Flammable liquids shall be stored, handled and used in compliance with regulations set forth in Bulletin No. 30L of the National Fire Protective Association; other material stored in structures or yards shall be accessible to fire-fighting equipment and shall comply with other fire prevention codes of the city.

(c)

Solid wastes. Solid wastes resulting from any permitted operation shall be stored within a wholly enclosed building.

(d)

Liquid wastes. Liquid wastes shall not be discharged into a reservoir, stream or other open body of water unless given primary, secondary and tertiary and any additional special treatment as required. All methods of sewage and industrial waste treatment and disposal shall be approved by the State Department of Health and all effluent from a treatment plant shall at all times comply with the requirements of the Ohio Water Pollution Control Board.

(e)

Soil removal. No excavating, filling, grading, soil stripping or similar operations shall be conducted in such a manner as to leave unsightly or dangerous excavations or soil banks, or in such a manner as to increase erosion. All such operations shall conform to the requirements of chapter 1175.

(f)

Pollution and nuisances.

(1)

Smoke. Electricity, gas or fuel oil shall be used for heating and the supply of power.

(2)

Fly ash, dust and dirt. It shall be unlawful to exhaust or discharge into the air any quantity of fly ash, dust, dirt or similar form of air pollution which may become discernible as settlement.

(3)

Noxious or toxic matter. The emission of toxic, noxious or corrosive fumes or gases which may be aggravating or injurious to property, vegetation, animals or human health shall be prohibited.

(4)

Odorous matter. The emission of odorous gases or other odorous matter in such quantities as to produce a nuisance or hazard shall be prohibited.

(g)

Noise. Noise shall be muffled so as not to become objectionable due to intermittence, beat, frequency or shrillness and the sound pressure level shall not exceed the average intensity of street noise at the nearest residential street line for any hour.

(h)

Vibration. Vibrations perceptible without the use of instruments beyond the lot line occupied by the use shall not be permitted.

(i)

Radioactive or electrical disturbance. Radioactive or electrical disturbances shall not be created which would adversely affect any form of life or equipment at or beyond the boundaries of the lot occupied by the use.

(j)

Heat and glare. No industrial operation shall be carried on that would produce heat or glare perceptible from any property line of the lot on which the operation is located. Industrial and exterior lighting shall be used in a manner that produces no glare on public highways or neighboring property.

('64 Code, § 1157.11; Ord. 2042, passed 12-20-72; Am. Ord. 2140, passed 1-21-75)

Buildings and land shall be used and buildings designed, erected, altered, moved and maintained in accordance with the following regulations.

(a)

Required lot area, width and setbacks from streets.

(1)

Minimum lot area shall be five acres.

(2)

Minimum lot width shall be 300 feet.

(3)

The minimum setback of buildings from the right-of-way of an arterial, collector or industrial street shall be not less than 150 feet.

(4)

The minimum setback of off-street parking areas from the right-of-way of an arterial, collector, local or industrial street shall be not less than 85 feet.

(5)

All yards fronting upon a public street shall be landscaped and maintained in a condition satisfactory to the city, and except for driveways, pedestrian walks, signs, landscaping features and visitor and employee parking areas, which shall not be used for any other purpose.

(b)

Reduced standards for interior lots. The following standards shall apply to lots fronting on interior streets when the interior streets are designated as interior streets and are constructed within the boundaries of an industrial development:

(1)

The minimum lot size shall be four acres.

(2)

Minimum lot width shall be 300 feet.

(3)

The minimum setback of buildings from the interior street right-of-way shall be not less than 75 feet.

(4)

The minimum parking setback from the interior street right-of-way shall not be less than 50 feet, provided the area between the parking setback and the public street right-of-way is mounded and/or landscaped as deemed suitable by the Planning Commission.

(c)

Side yards.

(1)

The minimum distance between any building and the side lot line shall not be less than 50 feet.

(2)

No off-street parking, service or loading facilities shall be permitted within a minimum 25 foot side yard.

(3)

These requirements may be modified as prescribed in chapter 1193 when on-site circulation, parking, loading and landscaping are coordinated with adjoining developments and set forth in joint agreements as approved by the Planning Commission.

(d)

Rear yards.

(1)

The minimum distance between any building and the rear lot line shall not be less than 75 feet.

(2)

No off-street parking, service or loading facilities shall be permitted within a minimum 25 foot rear yard.

(3)

These requirements may be modified as prescribed in chapter 1193 when on-site circulation, parking, loading and landscaping are coordinated with adjoining developments and set forth in joint agreements as approved by the Planning Commission.

(e)

Yards adjoining Residential Districts. Whenever any industrial use is located on a lot abutting a Residential District, the following standards shall apply:

(1)

The minimum building or loading area setback from the side or rear yard lot line that abuts the Residential District shall be 150 feet.

(2)

The minimum parking or driveway setback from the side or rear yard lot line that abuts the Residential District shall be 75 feet.

(3)

The area adjacent to a residential lot line shall be landscaped and screened with a substantially solid fence and landscaping at least five feet in height at time of planting as deemed suitable by the Planning Commission for the area being screened.

(f)

Buildings adjacent to limited access highways. Buildings adjacent to limited access highways shall be designed and landscaped to be visually attractive as seen from the highway.

(g)

Landscaping requirements. Landscaping shall not be less than 20 percent of the lot area.

(h)

Loading docks shall not face arterial, collector or local streets or adjacent Residential Districts. All loading docks and similar service areas shall be screened from all abutting streets and properties by a solid masonry wall, evergreen hedge at least five feet in height at the time of planting and/or landscaped earth mound, as deemed suitable by the Planning Commission.

(i)

Trash containers. All trash containers shall be located wholly within a main building or in an approved enclosure structure. Exterior trash enclosures shall meet the following requirements except as otherwise recommended by the Planning Commission and approved by Council:

(1)

The enclosure shall be six feet in height with solid masonry walls on three sides with a solid gate or door on the fourth side.

(2)

The main building may be one wall, but the trash container shall be a minimum of six feet away from the building and steel bollards shall be installed to maintain the minimum six foot container and building separation. The trash container shall not be located under a building overhang.

(3)

Separate trash enclosures shall be located at least six feet from the main building with minimum setbacks from property lines equal to the setback requirements for loading dock areas.

(4)

Enclosures shall be designed to be compatible in design and materials as the main building.

(5)

Where enclosures are located adjacent to residential areas or in other visually sensitive areas, as determined by the Planning Commission, trash enclosures shall be further screened with a landscaped buffer as approved by the Planning Commission.

(j)

Design of parking lots. Parking areas shall be appropriately designed and developed as required by the Planning Commission with landscaped areas, pedestrian walkways, and planted islands reasonably distributed throughout so as to interrupt the expanse of paved areas. The parking areas shall meet the requirements of section 1183.15.

(Ord. 3824, passed 8-1-00)

Building and land shall be used and buildings designed, erected, altered, moved and maintained with O-L Districts in accordance with the following regulations:

(a)

General criteria.

(1)

Building requirements.

A.

Any office building shall contain a minimum of 10,000 square feet gross floor area and have at least two complete stories.

B.

Ancillary business uses permitted as conditional use shall be located in an office building and the total floor area devoted to ancillary business shall not exceed 25 percent of the total building floor area.

(b)

Deviations. In reviewing the application, the Planning Commission and Council may find that the application is not in strict compliance with one or more requirements of the Zoning Code, yet is considered to be equivalent to the requirements of this Code. When an application is considered to be equivalent, the Planning Commission and Council may approve the application with minor deviations as set forth below:

(1)

The Planning Commission and Council may consider as application equivalent when:

A.

The proposed development plan substantially complies with all specific requirements and with the purposes, intent and basic objectives of the Zoning District;

B.

Through imaginative and skillful design in the arrangement of buildings, open space, streets, access drives and other features, as disclosed by the application the proposal results in a development of equivalent or higher quality than which could be achieved through strict application of such standard requirements; and

C.

The development, as proposed, shall have no adverse impact upon the surrounding properties or upon the health, safety or general welfare of the community.

(2)

It shall be the responsibility of the applicant to demonstrate to the Planning Commission and Council that the provisions of this section have been satisfied. When evaluating the application with respect to this section, the Planning Commission and Council shall make any finding of equivalency in writing which explains how and why the proposal has satisfied the above criteria. When making such finding the commission and Council may approve the proposed application, including deviations from the numerical standards herein, as if the application were in strict compliance with the standards and requirements in this Code.

(Ord. 3741, passed 7-20-99; Am. Ord. 3824, passed 8-1-00)

(a)

Industrial park planned development area. This area is a conditional development and an option of the city to grant by conditional use permit after recommendation of the Planning Commission and approval of Council with the preliminary development plans in any industrial Zoning District when:

(1)

It is determined by the commission and Council that it is in keeping with the intent of the city's industrial uses, objectives, the character of the city and will enhance and compliment the city; and

(2)

It complies with all of the standards and regulations for the district in which the planned development is located, unless such standards and regulations are specifically modified as may be permitted within this chapter.

(b)

Planning and organization. The planned development area shall initially be an area of a totally planned development project under one organization. This organization shall be responsible for:

(1)

Establishment of the overall development concept, layout, architectural theme; and

(2)

Obtaining approval of the conditional use permit and overall preliminary plans. The final and total development may be by a single or a number of separate independent entities. The planned development area may be extended or amended with the approval of the commission and Council in accordance with the procedures contained in chapter 1195, provided it is developed in harmony with the balance of the planned development area and the adjacent developments.

(c)

General development criteria. The following general development criteria shall apply unless specifically otherwise recommended by the commission and approved by Council.

(1)

The planned development area shall not be less than ten acres.

(2)

Buildings designed for office use only shall be considered up to a Class Three height and shall provide one parking space for each 200 square feet of building area.

(3)

Buildings adjacent to freeways shall be designed and landscaped to be visually attractive as seen from the freeway.

(4)

Yard requirements of the planned development boundaries shall be the standard industrial yard requirements.

(5)

The landscaping shall not be less than 20 percent of the planned development area and shall reflect a park like atmosphere as deemed suitable by the commission.

(6)

A corner lot fronting on both an interior industrial street, designated on the city Zoning Map, and a standard industrial or other street, shall be required to have the side facing the noninterior street meet the standard industrial front yard requirements.

(7)

Signs for the planned development area shall be coordinated and compatible with the overall development and architectural theme. Specific signs as to number and location shall be approved as part of the overall development plan. Pole signs are specifically prohibited.

(d)

Interior industrial streets. Upon recommendation of the commission and approval of Council, some or all of the following development criteria, or modifications thereof, may be permitted for areas off industrial streets. The following criteria does not apply to requirements that are measured from standard streets.

(1)

Interior industrial street width and row requirements shall not be less than those for residential streets.

(2)

Lot area shall not be less than two acres.

(3)

Lot width shall not be less than 200 feet.

(4)

Building front yard setback shall not be less than 50 feet from the street row. No automobile parking shall be permitted within the reduced building front yard requirement.

(5)

Main and accessory building or use minimum total side yard requirements shall not be less than 50 feet. Each side yard shall not be less than ten feet.

(6)

Off-street parking and driveway side yards behind the building setback line shall not be less than ten feet from the lot line unless coordinated with the adjacent development.

(7)

Rear yard building setback shall not be less than 50 feet.

(8)

Rear yard parking and driveway setback shall not be less than 25 feet.

(9)

Spacing between driveways shall be the maximum or minimum as practical as determined by the development design.

('64 Code, § 1157.32; Ord. 2723, approved by voters 11-6-84)

Unless otherwise shown on the Zone Map, all M-D Districts shall be in a Class Two Height District. All O-L Districts shall be in a Class Three Height District provided that additional stories or 12-foot increments, whichever is lowest, may be permitted for each floor of the office building devoted entirely to parking.

('64 Code, § 1157.41; Ord. 2042, passed 12-20-72; Am. Ord. 3741, passed 7-20-99)

(a)

Development plans involving one or more buildings for the same occupancy or the same parcel shall be submitted to, and approved by the Planning Commission in accordance with the provisions of chapter 1193 before a building permit is issued.

(b)

Planned development area plans shall be submitted to and approved in accordance with applicable development provisions of chapter 1195 and procedures for issuing conditional use permits in section 1191.10 before a building permit is issued.

(c)

Development plans involving condominium type industrial buildings shall be submitted to and approved by the Planning Commission in accordance with development provisions of chapter 1195 before a building permit is issued.

('64 Code, § 1157.51; Ord. 2140, passed 1-21-75; Am. Ord. 2723, approved by voters 11-6-84)

Automotive Parking Districts are hereby established in order to achieve, among others, the following purposes:

(a)

To provide convenient and sufficient areas for off-street parking to serve and promote the economic development of the community;

(b)

To protect and stabilize developments from traffic congestion and by regulating the access to streets;

(c)

To protect nearby Residential Districts from congestion and encroachment by commercial parking;

(d)

To protect transitional areas where open land use would be more appropriate than building developments; and

(e)

To promote the most desirable use of land in accordance with the objectives of the Master Plan of the city.

('64 Code, § 1158.01; Ord. 2042, passed 12-20-72)

The only use permitted in Automotive Parking Districts shall be automobile and vehicle parking and loading and unloading of vehicles servicing properties abutting such districts.

(a)

Existing dwellings within any Automotive Parking District shall be construed as a nonconforming use, but may be continued, extended, altered, moved and maintained subject to all lot, setbacks and planning criteria and height regulations of the nearest Residential District.

(b)

A lot occupied by a one or two-family dwelling shall not be occupied by any other main use.

(c)

Any building designed and constructed as a one or two-family residence and existing within any Automotive Parking District on the effective date of this section (Ordinance 2042, passed December 20, 1972) shall not be occupied, in whole or in part, by any other use.

('64 Code, § 1158.02; Ord. 2042, passed 12-20-72)

As a precedent to occupancy the use in an Automotive Parking District shall comply with the following performance standards and conditions.

(a)

There shall be provided automobile and motor vehicle parking spaces as required by chapter 1183; and

(b)

The grade level or levels of the land to be improved shall be fixed by the City Engineer as follows:

(c)

Grade levels shall be fixed for the entire district. Such grade levels so fixed shall be maintained throughout the entire district and shall be so fixed as to provide the maximum number of automobile and vehicle parking spaces and adequate surface drainage. To the extent that it is practicable, the grade levels so fixed shall conform to the grade levels of buildings and structures on lands abutting this district.

(d)

Design of parking lots. Parking areas shall be appropriately designed and developed as required by the Planning Commission with landscaped areas, pedestrian walkways, and planted islands reasonably distributed throughout so as to interrupt the expanse of paved areas. The parking areas shall meet the following requirements, except as otherwise approved by the Planning Commission and approved by Council: (See section 1183.15 for additional requirements.)

(1)

Islands, walkways and landscaped areas shall have a minimum dimension of ten feet.

(2)

Every landscaped area shall be planted with a large or medium sized permitted tree as defined in chapter 915, and according to the planting instructions contained in that chapter.

(3)

Parking areas shall be designed so as to have no more than 20 cars in an unobstructed line of sight without an intervening landscaped island.

(4)

Not less than ten percent of the land area within the parking area shall be developed as landscaping planting areas, including perimeter areas as determined by the Planning Commission.

(5)

Parking areas with existing specimen trees of 18 inches of D.B.H. or greater, as defined in chapter 915, shall be designed to accommodate the preservation of these trees with islands adequate to protect the tree and root system unless otherwise approved by the City Arborist.

('64 Code, § 1158.03; Ord. 2042, passed 12-20-72; Am. Ord. 3741, passed 7-20-99)

Development plans shall be submitted to and approved by the Planning Commission for all proposed automotive parking developments in accordance with chapter 1193 before a building permit shall be issued.

('64 Code, § 1158.04; Ord. 2042, passed 12-20-72)

It is the purpose of this chapter to promote the public health, safety and general welfare of the residents of the city, and to:

(a)

Protect human life and health;

(b)

Minimize expenditure of public money for costly flood control projects;

(c)

Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

(d)

Minimize prolonged business interruptions;

(e)

Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;

(f)

Help maintain a stable tax base by providing for the proper use and development of areas of special flood hazard so as to protect property and minimize future flood blight areas;

(g)

Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions;

(h)

Minimize the impact of development on adjacent properties within and near flood prone areas;

(i)

Ensure that the flood storage and conveyance functions of the floodplain are maintained;

(j)

Minimize the impact of development on the natural, beneficial values of the floodplain;

(k)

Prevent floodplain uses that are either hazardous or environmentally incompatible; and

(l)

Meet community participation requirements of the National Flood Insurance Program.

(Ord. 4314, passed 4-17-07)

Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give the provisions contained in this chapter the most reasonable application:

Accessory structure means a structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal structure.

Appeal means a request for review of the Floodplain Administrator's interpretation of any provision of this chapter or a request for a variance.

Base flood means the flood having a one percent chance of being equaled or exceeded in any given year. The base flood may also be referred to as the one percent chance annual flood or 100-year flood.

Base (100-year) flood elevation (BFE) means the water surface elevation of the base flood in relation to a specified datum, usually the National Geodetic Vertical Datum of 1929 or the North American Vertical Datum of 1988, and usually expressed in Feet Mean Sea Level (MSL). In Zone AO areas, the base flood elevation is the natural grade elevation plus the depth number (from one to three feet).

Basement means any area of the building having its floor subgrade (below ground level) on all sides.

Critical development means critical development is that which is critical to the community's public health and safety, are essential to the orderly functioning of a community, store or produce highly volatile, toxic or water-reactive materials, or house occupants that may be insufficiently mobile to avoid loss of life or injury. Examples of critical development include jails, hospitals, schools, fire stations, nursing homes, wastewater treatment facilities, water plants, and gas/oil/propane storage facilities.

Development means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

Enclosure below the lowest floor. See lowest floor. Executive Order 11988 (floodplain management) means an Executive Order issued by President Carter in 1977, this order requires that no federally assisted activities be conducted in or have the potential to affect identified special flood hazard areas, unless there is no practicable alternative.

Federal Emergency Management Agency (FEMA) means the agency with the overall responsibility for administering the National Flood Insurance Program.

Fill means a deposit of earth material placed by artificial means.

Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from:

(1)

The overflow of inland or tidal waters; and/or

(2)

The unusual and rapid accumulation or runoff of surface waters from any source.

Flood hazard boundary map (FHBM) means usually the initial map, produced by the Federal Emergency Management Agency, or U.S. Department of Housing and Urban Development, for a community depicting approximate special flood hazard areas.

Flood Insurance Rate Map (FIRM) means an official map on which the Federal Emergency Management Agency or the U.S. Department of Housing and Urban Development has delineated the areas of special flood hazard.

Flood insurance risk zones means zone designations on FHBMs and FIRMs that indicate the magnitude of the flood hazard in specific areas of a community. Following are the zone definitions:

(1)

Zone A means special flood hazard areas inundated by the 100-year flood; base flood elevations are not determined.

(2)

Zones A1-30 and zone ae means special flood hazard areas inundated by the 100-year flood; base flood elevations are determined.

(3)

Zone AO means special flood hazard areas inundated by the 100-year flood; with flood depths of one to three feet (usually sheet flow on sloping terrain); average depths are determined.

(4)

Zone AH means special flood hazard areas inundated by the 100-year flood; flood depths of one to three feet (usually areas of ponding); base flood elevations are determined.

(5)

Zone A99 means special flood hazard areas inundated by the 100-year flood to be protected from the 100-year flood by a federal flood protection system under construction; no base flood elevations are determined.

(6)

Zone B and Zone X (unshaded) means areas of 500-year flood; areas subject to the 100-year flood with average depths of less than one foot or with contributing drainage area less than one square mile; and areas protected by levees from the base flood.

(7)

Zone C and Zone X (unshaded) means areas determined to be outside the 500-year floodplain.

Flood insurance study (FIS) means the official report in which the Federal Emergency Management Agency or the U.S. Department of Housing and Urban Development has provided flood profiles, floodway boundaries (sometimes shown on Flood Boundary and Floodway Maps), and the water surface elevations of the base flood.

Flood protection elevation (FPE) means the base flood elevation plus two feet of freeboard. In areas where no base flood elevations exist from any authoritative source, the flood protection elevation can be historical flood elevations, or base flood elevations determined and/or approved by the Floodplain Administrator.

Floodway means the channel of a river or other watercourse and the adjacent land areas that have been reserved in order to pass the base flood discharge. A floodway is typically determined through a hydraulic and hydrologic engineering analysis such that the cumulative increase in the water surface elevation of the base flood discharge is no more than a designated height. In no case shall the designated height be more than one-half foot at any point within the community. The floodway is an extremely hazardous area, and is usually characterized by any of the following: Moderate to high velocity flood waters, high potential for debris and projectile impacts, and moderate to high erosion forces.

Freeboard means a factor of safety usually expressed in feet above a flood level for the purposes of floodplain management. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, obstructed bridge openings, debris and ice jams, and the hydrologic effect of urbanization in a watershed.

Historic structure means any structure that is:

(1)

Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listings on the National Register;

(2)

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a Registered Historic District or a district preliminarily determined by the secretary to qualify as a Registered Historic District; or

(3)

Individually listed on the State of Ohio's inventory of historic places maintained by the Ohio Historic Preservation Office.

Hydrologic and hydraulic engineering analysis means an analysis performed by a professional engineer, registered in the State of Ohio, in accordance with standard engineering practices as accepted by FEMA, used to determine flood elevations and/or floodway boundaries.

Letter of map change (LOMC) means an official FEMA determination, by letter, to amend or revise effective Flood Insurance Rate Maps, Flood Boundary and Floodway Maps, and Flood Insurance Studies. LOMCs are broken down into the following categories:

(1)

Letter of map amendment (LOMA) means a revision based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property is not located in a special flood hazard area.

(2)

Letter of map revision (LOMR) means a revision based on technical data that, usually due to manmade changes, shows changes to flood zones, flood elevations, floodplain and floodway delineations, and planimetric features. One common type of LOMR, a LOMR-F, is a determination concerning whether a structure or parcel has been elevated by fill above the base flood elevation and is, therefore, excluded from the special flood hazard area.

(3)

Conditional letter of map revision (CLOMR) means a formal review and comment by FEMA as to whether a proposed project complies with the minimum National Flood Insurance Program floodplain management criteria. A CLOMR does not amend or revise effective Flood Insurance Rate Maps, Flood Boundary and Floodway Maps, or Flood Insurance Studies.

Lowest floor means the lowest floor of the lowest enclosed area (including basement) of a structure. This definition excludes an "enclosure below the lowest floor" which is an unfinished or flood resistant enclosure usable solely for parking of vehicles, building access or storage, in an area other than a basement area, provided that such enclosure is built in accordance with the applicable design requirements specified in this chapter for enclosures below the lowest floor.

Manufactured home means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term manufactured home does not include a "recreational vehicle." For the purposes of this chapter, a manufactured home includes manufactured homes and mobile homes as defined in R.C. chapter 3733.

Manufactured home park means as specified in the Ohio Administrative Code 3701-27-01, a manufactured home park means any tract of land upon which three or more manufactured homes, used for habitation are parked, either free of charge or for revenue purposes, and includes any roadway, building, structure, vehicle, or enclosure used or intended for use as part of the facilities of the park. A tract of land that is subdivided and the individual lots are not for rent or rented, but are for sale or sold for the purpose of installation of manufactured homes on the lots, is not a manufactured home park, even though three or more manufactured homes are parked thereon, if the roadways are dedicated to the local government authority.

National Flood Insurance Program (NFIP) means a federal program enabling property owners in participating communities to purchase insurance protection against losses from flooding. This insurance is designed to provide an insurance alternative to disaster assistance to meet the escalating costs of repairing damage to buildings and their contents caused by floods. Participation in the NFIP is based on an agreement between local communities and the federal government that states if a community will adopt and enforce floodplain management regulations to reduce future flood risks to all development in special flood hazard areas, the federal government will make flood insurance available within the community as a financial protection against flood loss.

New construction means structures for which the "start of construction" commenced on or after the initial effective date of the city Flood Insurance Rate Map, January 16, 1981, and includes any subsequent improvements to such structures.

Person includes any individual or group of individuals, corporation, partnership, association, or any other entity, including state and local governments and agencies. An agency is further defined in R.C. § 111.15 as any governmental entity of the state and includes, but is not limited to, any board, department, division, commission, bureau, society, council, institution, state college or university, Community College District, Technical College District, or state community college. "Agency" does not include the general assembly, the controlling board, the adjutant general's department, or any court.

Recreational vehicle means a vehicle which is built on a single chassis, 400 square feet or less when measured at the largest horizontal projection, designed to be self-propelled or permanently towable by a light duty truck, and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

Registered professional architect means a person registered to engage in the practice of architecture under the provisions of R.C. §§ 4703.01 to 4703.19.

Registered professional engineer means a person registered as a professional engineer under R.C. chapter 4733.

Registered professional surveyor means a person registered as a professional surveyor under R.C. chapter 4733.

Special flood hazard area, also known as areas of special flood hazard, means the land in the floodplain subject to a one percent or greater chance of flooding in any given year. Special flood hazard areas are designated by the Federal Emergency Management Agency on Flood Insurance Rate Maps, Flood Insurance Studies, Flood Boundary and Floodway Maps and Flood Hazard Boundary Maps as Zones A, AE, AH, AO, A1-30, and A99. Special flood hazard areas may also refer to areas that are flood prone and designated from other federal state or local sources of data including but not limited to historical flood information reflecting high water marks, previous flood inundation areas, and flood prone soils associated with a watercourse.

Start of construction means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of a building.

Structure means a walled and roofed building, manufactured home, or gas or liquid storage tank that is principally above ground.

Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

Substantial improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the start of construction of the improvement. This term includes structures, which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include:

(1)

Any improvement to a structure that is considered new construction;

(2)

Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified prior to the application for a development permit by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

(3)

Any alteration of a historic structure, provided that the alteration would not preclude the structure's continued designation as a historic structure.

Variance means a grant of relief from the standards of this chapter consistent with the variance conditions and procedures contained in this chapter.

Violation means the failure of a structure or other development to be fully compliant with the provisions contained in this chapter.

(Ord. 4314, passed 4-17-07)

In order to accomplish its purposes, this chapter includes methods and provisions for:

(a)

Restricting or prohibiting uses which are dangerous to health, safety, and property due to water hazards, or which result in damaging increases in flood heights or velocities;

(b)

Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

(c)

Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;

(d)

Controlling filling, grading, dredging, excavating, and other development which may increase flood damage; and

(e)

Preventing or regulating the construction of flood barriers, which will unnaturally divert flood waters or which may increase flood hazards in other areas.

(Ord. 4314, passed 4-17-07)

This chapter shall apply to all areas of special flood hazard within the jurisdiction of the city as identified in section 1159.05, including any additional areas of special flood hazard annexed by the city.

(Ord. 4314, passed 4-17-07)

For the purposes of this chapter, the following studies and/or maps are adopted by reference as if the same were fully rewritten herein at length:

(a)

Flood Insurance Study Cuyahoga County, Ohio and Incorporated Areas and Flood Insurance Rate Map Cuyahoga County, Ohio and Incorporated Areas both effective December 3, 2010.;

(b)

Other studies and/or maps, which may be relied upon for establishment of the flood protection elevation, delineation of the 100-year floodplain, floodways or delineation of other areas of special flood hazard, including:

(1)

Any hydrologic and hydraulic engineering analysis authored by a registered professional engineer in the state which has been approved by the city as required by subsection 1159.17(c).

(2)

Any revisions to the aforementioned maps and/or studies are hereby adopted by reference and declared to be a part of this chapter. Such maps and/or studies are on file at the City of Brecksville, 9069 Brecksville Road, Brecksville, Ohio in the office of the Floodplain Administrator and in the Clerk of Council's office.

(Ord. 4314, passed 4-17-07; Am. Ord. 4572, passed 7-6-10)

This chapter is not intended to repeal any existing ordinances including subdivision regulations, zoning or building codes. In the event of a conflict between this chapter and any other ordinance, the more restrictive shall be followed. This chapter shall not impair any deed restriction, covenant, or easement but the land subject to such interests shall also be governed by the provisions contained in this chapter.

(Ord. 4314, passed 4-17-07)

In the interpretation and application of the provisions contained in this chapter, all provisions shall be:

(a)

Considered as minimum requirements;

(b)

Liberally construed in favor of the governing body; and,

(c)

Deemed neither to limit nor repeal any other powers granted under the laws of the state. Where a provision of this chapter may be in conflict with federal law or the laws of the state where such state law has been deemed to supersede the authority of the city to legislate in such area, such state or federal law shall take precedence over the conflicting provision(s) contained in this chapter.

(Ord. 4314, passed 4-17-07)

The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on occasion. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damage. This chapter shall not create liability on the part of the city, any officer or employee thereof, or the Federal Emergency Management Agency, for any flood damage that results from reliance on this chapter or any administrative decision lawfully made thereunder.

(Ord. 4314, passed 4-17-07)

Should any section or provision of this chapter be declared by a court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of this chapter as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid.

(Ord. 4314, passed 4-17-07)

(a)

Designation of the Floodplain Administrator. The City Engineer is hereby designated to administer and implement the provisions contained in this chapter and is referred to herein as the Floodplain Administrator.

(b)

Duties and responsibilities of the Floodplain Administrator. The duties and responsibilities of the Floodplain Administrator shall include but are not limited to:

(1)

Evaluate applications for permits to develop in special flood hazard areas.

(2)

Interpret floodplain boundaries and provide flood hazard and flood protection elevation information.

(3)

Issue permits to develop in special flood hazard areas when the provisions of this chapter have been met, or refuse to issue the same in the event of noncompliance.

(4)

Inspect buildings and lands to determine whether any violations of the provisions contained in this chapter have been committed.

(5)

Make and permanently keep all records for public inspection necessary for the administration of this chapter including Flood Insurance Rate Maps, letters of map amendment and revision, records of issuance and denial of permits to develop in special flood hazard areas, determinations of whether development is in or out of special flood hazard areas for the purpose of issuing floodplain development permits, elevation certificates, variances, and records of enforcement actions taken for violations of this chapter.

(6)

Enforce the provisions contained in this chapter.

(7)

Provide information, testimony, or other evidence as needed during variance hearings.

(8)

Coordinate map maintenance activities and FEMA follow-up.

(9)

Conduct substantial damage determinations to determine whether existing structures, damaged from any source and in special flood hazard areas identified by FEMA, must meet the development standards of this chapter.

(Ord. 4314, passed 4-17-07)

It shall be unlawful for any person to begin construction or other development activity including but not limited to filling; grading; construction; alteration, remodeling, or expanding any structure; or alteration of any watercourse wholly within, partially within or in contact with any identified special flood hazard area, as established in section 1159.05, until a floodplain development permit is obtained from the Floodplain Administrator. Such floodplain development permit shall show that the proposed development activity is in conformity with the provisions contained in this chapter. No such permit shall be issued by the Floodplain Administrator until the requirements of this chapter have been met.

(Ord. 4314, passed 4-17-07)

Cross reference— Penalty, see § 1159.99

An application for a floodplain development permit shall be required for all development activities located wholly within, partially within, or in contact with an identified special flood hazard area. Such application shall be made by the owner of the property or his or her authorized agent, herein referred to as the applicant, prior to the actual commencement of such construction on a form furnished for that purpose. Where it is unclear whether a development site is in a special flood hazard area, the Floodplain Administrator may require an application for a floodplain development permit to determine the development's location. Such applications shall include, but not be limited to:

(a)

Site plans drawn to scale showing the nature, location, dimensions, and topography of the area in question; the location of existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing.

(b)

Elevation of the existing, natural ground where structures are proposed.

(c)

Elevation of the lowest floor, including basement, of all proposed structures.

(d)

Such other material and information as may be required by the Floodplain Administrator to determine conformance with, and provide enforcement of this chapter.

(e)

Technical analyses conducted by the appropriate design professional registered in the state and submitted with an application for a floodplain development permit when applicable:

(1)

Floodproofing certification for nonresidential floodproofed structure as required in subsection 1159.17(e).

(2)

Certification that fully enclosed areas below the lowest floor of a structure not meeting the design requirements of subsection 1159.17(d)(5) are designed to automatically equalize hydrostatic flood forces.

(3)

Description of any watercourse alteration or relocation that the flood carrying capacity of the watercourse will not be diminished, and maintenance assurances as required in subsection 1159.17(i)(3).

(4)

A hydrologic and hydraulic analysis demonstrating that the cumulative effect of proposed development, when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood by more than one-tenth foot in special flood hazard areas where the Federal Emergency Management Agency has provided base flood elevations but no floodway as required by subsection 1159.17(i)(2).

(5)

A hydrologic and hydraulic engineering analysis showing impact of any development on flood heights in an identified floodway as required by subsection 1159.17(i)(1).

(6)

Generation of base flood elevation(s) for subdivision and large-scale developments as required by subsection 1159.17(c).

(7)

Generation of the 500-year flood elevation for critical development as required by subsection 1159.17(k).

(8)

Volumetric calculations demonstrating compensatory storage has been provided as required by subsection 1159.17(i)(4).

(f)

Fees. The applicant shall initially deposit the sum of $500.00 with the Building Department to defray the cost of professional review and inspection of the applicant's permit application. The Director of Finance shall deposit all funds received under this chapter into a fund under the name of the applicant depositing such money. All expenses incurred by the city for the review and inspection of the applicant's plan and the subject site shall, upon proper authorization, be paid by the Director of Finance out of such fund. If, at any time prior to the completion of the project for which the applicant has sought approval, any individual fund has a balance of less than $125.00, the Director of Finance shall request in writing that the applicant deposit, within ten days of such written request, additional funds to create a fund balance of not less than $500.00. The Floodplain Administrator shall notify the Finance Director at such time when the city's review and inspection process for each case has been completed and no additional professional reviews or inspections are necessary. The Finance Director shall verify with all professional reviewers and inspectors that they have submitted all of their invoices and that these invoices have been paid for that particular case. The Finance Director shall then promptly refund the balance of any funds remaining on deposit for that particular case to the entity who made such deposit with the city.

(Ord. 4314, passed 4-17-07)

Cross reference— Penalty, see § 1159.99

(a)

Review. After receipt of a complete application, the Floodplain Administrator shall review the application to ensure that the standards and provisions of this chapter have been met. No floodplain development permit application shall be reviewed until all information required in section 1159.12 has been received by the Floodplain Administrator.

(b)

The Floodplain Administrator shall review all floodplain development permit applications to ensure that all necessary permits have been received from those federal, state or local governmental agencies from which prior approval is required. The applicant shall be responsible for obtaining such permits as required including permits issued by the U.S. Army Corps of Engineers under section 10 of the Rivers and Harbors Act and section 404 of the Clean Water Act, and the Ohio Environmental Protection Agency under section 401 of the Clean Water Act.

(c)

Approval. Within 30 days after the receipt of a complete application, the Floodplain Administrator shall either approve or disapprove the application. If an application is approved, a floodplain development permit shall be issued. All floodplain development permits shall be conditional upon the commencement of work contemplated by such permit within one year of the date of the issuance of such permit. A floodplain development permit shall expire one year after issuance unless the permitted activity has been substantially begun and is thereafter pursued to completion.

(d)

Inspections. The Floodplain Administrator shall make periodic inspections at appropriate times throughout the period of construction in order to monitor compliance with permit conditions.

(e)

Post-construction certifications required. The following as-built certifications are required after a floodplain development permit has been issued:

(1)

For new or substantially improved residential structures, or nonresidential structures that have been elevated, the applicant shall have a Federal Emergency Management Agency Elevation Certificate completed by a registered surveyor to record as-built elevation data. For elevated structures in Zone A and Zone AO areas without a base flood elevation, the elevation certificate may be completed by the property owner or owner's representative.

(2)

For all development activities subject to the standards of subsection 1159.14(a)(1), a letter of map revision.

(f)

Revoking a floodplain development permit. A floodplain development permit shall be revocable by the Floodplain Administrator, if among other things, the actual development activity does not conform to the terms of the application and permit granted thereon. In the event of the revocation of a permit, an appeal may be taken to the Board of Zoning Appeals in accordance with section 1159.18.

(g)

Exemption from filing a development permit. An application for a floodplain development permit shall not be required for:

(1)

Maintenance work such as roofing, painting, and basement sealing, or for small nonstructural development activities (except for filling and grading) valued at less than $5,000.00.

(2)

Development activities in an existing or proposed manufactured home park that are under the authority of the Ohio Department of Health and subject to the flood damage reduction provisions of the Ohio Administrative Code section 3701.

(3)

Major utility facilities permitted by the Ohio Power Siting Board under R.C. chapter 4906.

(4)

Hazardous waste disposal facilities permitted by the Hazardous Waste Siting Board under R.C. chapter 3734.

(5)

Development activities undertaken by a federal agency and which are subject to Federal Executive Order.

(h)

Any proposed action exempt from filing for a floodplain development permit is also exempt from the standards and provisions contained in this chapter.

(Ord. 4314, passed 4-17-07)

(a)

To meet National Flood Insurance Program minimum requirements to have flood data reviewed and approved by FEMA, and to ensure that the city flood maps, studies and other data identified in section 1159.05 accurately represent flooding conditions so appropriate floodplain management criteria are based on current data, the following map maintenance activities are identified:

(1)

Requirement to submit new technical data. For all development proposals that impact floodway delineations or base flood elevations, the city shall ensure that technical data reflecting such changes be submitted to FEMA within six months of the date such information becomes available. These development proposals include:

A.

Floodway encroachments that increase or decrease base flood elevations or alter floodway boundaries;

B.

Fill sites to be used for the placement of proposed structures where the applicant desires to remove the site from the special flood hazard area;

C.

Alteration of watercourses that result in a relocation or elimination of the special flood hazard area, including the placement of culverts; and

D.

Subdivision or large scale development proposals requiring the establishment of base flood elevations in accordance with subsection 1159.17(c).

(2)

It is the responsibility of the applicant to have technical data, required in accordance with division (a)(1) hereof, prepared in a format required for a conditional letter of map revision or letter of map revision, and submitted to FEMA. Submittal and processing fees for these map revisions shall be the responsibility of the applicant.

(3)

The Floodplain Administrator shall require a conditional letter of map revision prior to the issuance of a floodplain development permit for:

A.

Proposed floodway encroachments that increase the base flood elevation; and

B.

Proposed development which increases the base flood elevation by more than one-tenth foot in areas where FEMA has provided base flood elevations but no floodway.

(4)

Floodplain development permits issued by the Floodplain Administrator shall be conditioned upon the applicant obtaining a letter of map revision from FEMA for any development proposal subject to division (a)(1) hereof.

(b)

Right to submit new technical data. The Floodplain Administrator may request changes to any of the information shown on an effective map that does not impact floodplain or floodway delineations or base flood elevations, such as labeling or planimetric details. Such a submission shall include appropriate supporting documentation made in writing by the Mayor, and may be submitted at any time.

(c)

Annexation/detachment. Upon occurrence, the Floodplain Administrator shall notify FEMA in writing whenever the boundaries of the city have been modified by annexation or the community has assumed authority over an area, or no longer has authority to adopt and enforce floodplain management regulations for a particular area. In order that the city Flood Insurance Rate Map accurately represent the city boundaries, include within such notification a copy of a map of the city suitable for reproduction, clearly showing the new corporate limits or the new area for which the city has assumed or relinquished floodplain management regulatory authority.

(Ord. 4314, passed 4-17-07)

The following guidelines shall apply to the use and interpretation of maps and other data showing areas of special flood hazard:

(a)

In areas where FEMA has not identified special flood hazard areas, or in FEMA identified special flood hazard areas where base flood elevation and floodway data have not been identified, the Floodplain Administrator shall review and reasonably utilize any other flood hazard data available from a federal, state, or other source.

(b)

Base flood elevations and floodway boundaries produced on FEMA flood maps and studies shall take precedence over base flood elevations and floodway boundaries by any other source that reflect a reduced floodway width and/or lower base flood elevations. Other sources of data, showing increased base flood elevations and/or larger floodway areas than are shown on FEMA flood maps and studies, shall be reasonably used by the Floodplain Administrator.

(c)

When preliminary Flood Insurance Rate Maps and/or Flood Insurance Study have been provided by FEMA:

(1)

Upon the issuance of a letter of final determination by FEMA, the preliminary flood hazard data shall be used and replace all previously existing flood hazard data provided from FEMA for the purposes of administering this chapter.

(2)

Prior to the issuance of a letter of final determination by FEMA, the use of preliminary flood hazard data shall only be required where no base flood elevations and/or floodway areas exist or where the preliminary base flood elevations or floodway area exceed the base flood elevations and/or floodway widths in existing flood hazard data provided from FEMA. Such preliminary data may be subject to change and/or appeal to FEMA.

(d)

The Floodplain Administrator shall make interpretations, where needed, as to the exact location of the flood boundaries and areas of special flood hazard. A person contesting the determination of the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in section 1159.18.

(e)

Where a map boundary showing an area of special flood hazard and field elevations disagree, the base flood elevations or flood protection elevations (as found on an elevation profile, floodway data table, established high water marks, etc.) shall prevail.

(Ord. 4314, passed 4-17-07)

Damages to structures may result from a variety of causes including flood, tornado, wind, heavy snow, fire, etc. After such a damage event, the Floodplain Administrator shall:

(a)

Determine whether damaged structures are located in special flood hazard areas;

(b)

Conduct substantial damage determinations for damaged structures located in special flood hazard areas; and

(c)

Make reasonable attempt to notify owners of substantially damaged structures of the need to obtain a floodplain development permit prior to repair, rehabilitation, or reconstruction.

(d)

Additionally, the Floodplain Administrator may implement other measures to assist with the substantial damage determination and subsequent repair process. These measures include issuing press releases, public service announcements, and other public information materials related to the floodplain development permits and repair of damaged structures; coordinating with other federal, state, and local agencies to assist with substantial damage determinations; providing owners of damaged structures materials and other information related to the proper repair of damaged structures in special flood hazard areas; and assist owners of substantially damaged structures with increased cost of compliance insurance claims.

(Ord. 4314, passed 4-17-07)

The following use and development standards apply to development wholly within, partially within, or in contact with any special flood hazard area as established in subsections 1159.05 or 1159.15(a):

(a)

Use regulations.

(1)

Permitted uses. All uses not otherwise prohibited in this section or any other applicable land use regulation adopted by the city are allowed provided they meet the provisions of this chapter.

(2)

Prohibited uses.

A.

Private water supply systems in all special flood hazard areas identified by FEMA, permitted under R.C. chapter 3701.

B.

Infectious waste treatment facilities in all special flood hazard areas, permitted under R.C. chapter 3734.

C.

Storage or processing of materials that are hazardous, flammable, or explosive in the identified special flood hazard area.

D.

Storage of material or equipment that, in time of flooding, could become buoyant and pose an obstruction to flow in identified floodway areas.

(b)

Water and wastewater systems. The following standards apply to all water supply, sanitary sewerage and waste disposal systems not otherwise regulated by the Ohio Revised Code:

(1)

All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems;

(2)

New and replacement sanitary sewerage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and,

(3)

On-site waste disposal systems shall be located to avoid impairment to or contamination from them during flooding.

(c)

Subdivisions and large developments.

(1)

All subdivision proposals shall be consistent with the need to minimize flood damage and are subject to all applicable standards and provisions contained in this chapter;

(2)

All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage;

(3)

All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage;

(4)

In all areas of special flood hazard where base flood elevation data are not available, the applicant shall provide a hydrologic and hydraulic engineering analysis that generates base flood elevations for all subdivision proposals and other proposed developments containing at least 50 lots or five acres, whichever is less; and

(5)

The applicant shall meet the requirement to submit technical data to FEMA in subsection 1159.14(a)(1)D. when a hydrologic and hydraulic analysis is completed that generates base flood elevations as required by subsection 1159.17(c)(4).

(d)

Residential structures.

(1)

New construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Where a structure, including its foundation members, is elevated on fill to or above the base flood elevation, the requirements for anchoring (division (d)(1) hereof) and construction materials resistant to flood damage (division (d)(2) hereof) are satisfied.

(2)

New construction and substantial improvements shall be constructed with methods and materials resistant to flood damage.

(3)

New construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or elevated so as to prevent water from entering or accumulating within the components during conditions of flooding.

(4)

New construction and substantial improvement of any residential structure, including manufactured homes, shall have the lowest floor, including basement, elevated to or above the flood protection elevation. Where flood protection elevation data are not available the structure shall have the lowest floor, including basement, elevated at least two feet above the highest adjacent natural grade. Support structures and other foundation members shall be certified by a registered professional engineer or architect as designed in accordance with ASCE 24, Flood Resistant Design and Construction.

(5)

New construction and substantial improvements, including manufactured homes, that do not have basements and that are elevated to the flood protection elevation using pilings, columns, posts, or solid foundation perimeter walls with openings sufficient to allow unimpeded movement of flood waters may have an enclosure below the lowest floor provided the enclosure meets the following standards:

A.

Be used only for the parking of vehicles, building access, or storage;

B.

Be designed and certified by a registered professional engineer or architect to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters; or

C.

Have a minimum of two openings on different walls having a total net area not less than one square inch for every square foot of enclosed area, and the bottom of all such openings being no higher than one foot above grade. The openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

(6)

Manufactured homes shall be affixed to a permanent foundation and anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors.

(7)

Repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and is the minimum necessary to preserve the historic character and design of the structure, shall be exempt from the development standards of this division (d).

(e)

Nonresidential structures.

(1)

New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall meet the requirements of divisions (d)(1) to (3) and divisions (d)(5) to (7) hereof.

(2)

New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to or above the level of the flood protection elevation; or, together with attendant utility and sanitary facilities, shall meet all of the following standards:

A.

Be dry floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water to the level of the flood protection elevation;

B.

Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and,

C.

Be certified by a registered professional engineer or architect, through the use of a Federal Emergency Management Agency floodproofing certificate, that the design and methods of construction are in accordance with divisions (e)(2)A. and B. hereof.

(3)

Where flood protection elevation data are not available, the structure shall have the lowest floor, including basement, elevated at least two feet above the highest adjacent natural grade.

(f)

Accessory structures. Relief to the elevation or dry floodproofing standards may be granted for accessory structures containing no more than 600 square feet. Such structures must meet the following standards:

(1)

They shall not be used for human habitation;

(2)

They shall be constructed of flood resistant materials;

(3)

They shall be constructed and placed on the lot to offer the minimum resistance to the flow of floodwaters;

(4)

They shall be firmly anchored to prevent flotation;

(5)

Service facilities such as electrical and heating equipment shall be elevated or floodproofed to or above the level of the flood protection elevation; and

(6)

They shall meet the opening requirements of division (d)(5)C. hereof.

(g)

Recreational vehicles. Recreational vehicles must meet at least one of the following:

(1)

They shall not be located on sites in special flood hazard areas for more than 180 days;

(2)

They must be fully licensed and ready for highway use; or

(3)

They must meet all standards of division (d) hereof.

(h)

Above ground gas or liquid storage tanks. All above ground gas or liquid storage tanks shall be anchored to prevent flotation or lateral movement resulting from hydrodynamic and hydrostatic loads.

(i)

Assurance of flood carrying capacity. Pursuant to the purpose and methods of reducing flood damage stated in this chapter, the following additional standards are adopted to assure that the reduction of the flood carrying capacity of watercourses is minimized:

(1)

Development in floodways.

A.

In floodway areas, development shall cause no increase in flood levels during the occurrence of the base flood discharge. Prior to issuance of a floodplain development permit, the applicant must submit a hydrologic and hydraulic analysis, conducted by a registered professional engineer, demonstrating that the proposed development would not result in any increase in the base flood elevation; or

B.

Development in floodway areas causing increases in the base flood elevation may be permitted provided all of the following are completed by the applicant:

1.

Meet the requirements to submit technical data in subsection 1159.14(a)(1);

2.

An evaluation of alternatives, which would not result in increased base flood elevations and an explanation why these alternatives are not feasible;

3.

Certification that no structures are located in areas that would be impacted by the increased base flood elevation;

4.

Documentation of individual legal notices to all impacted property owners within and outside the community, explaining the impact of the proposed action on their property; and

5.

Concurrence of the Mayor of the city and the chief executive officer of any other communities impacted by the proposed actions.

(2)

Development in riverine areas with base flood elevations but no floodways.

A.

In riverine special flood hazard areas identified by FEMA where base flood elevation data are provided but no floodways have been designated, the cumulative effect of any proposed development, when combined with all other existing and anticipated development, shall not increase the base flood elevation more than one-tenth foot at any point. Prior to issuance of a floodplain development permit, the applicant must submit a hydrologic and hydraulic analysis, conducted by a registered professional engineer, demonstrating that this standard has been met; or,

B.

Development in riverine special flood hazard areas identified by FEMA where base flood elevation data are provided but no floodways have been designated causing more than one-tenth foot increase in the base flood elevation may be permitted provided all of the following are completed by the applicant:

1.

An evaluation of alternatives which would result in an increase of one-tenth foot or less of the base flood elevation and an explanation why these alternatives are not feasible;

2.

Division (i)(1)B., items 1. and 3. to 5. hereof.

(3)

Alterations of a watercourse. For the purpose of this chapter, a watercourse is altered when any change occurs within its banks. The extent of the banks shall be established by a field determination of the "bankfull stage." The field determination of "bankfull stage" shall be based on methods presented in chapter 7 of the USDA Forest Service General Technical Report RM-245, Stream Channel Reference Sites: An Illustrated Guide to Field Technique or other applicable publication available from a federal, state, or other authoritative source. For all proposed developments that alter a watercourse, the following standards apply:

A.

The bankfull flood carrying capacity of the altered or relocated portion of the watercourse shall not be diminished. Prior to the issuance of a floodplain development permit, the applicant must submit a description of the extent to which any watercourse will be altered or relocated as a result of the proposed development, and certification by a registered professional engineer that the bankfull flood carrying capacity of the watercourse will not be diminished.

B.

Adjacent communities, the U.S. Army Corps of Engineers, and the Ohio Department of Natural Resources, Division of Water, must be notified prior to any alteration or relocation of a watercourse. Evidence of such notification must be submitted to the Federal Emergency Management Agency.

C.

The applicant shall be responsible for providing the necessary maintenance for the altered or relocated portion of said watercourse so that the flood carrying capacity will not be diminished. The Floodplain Administrator may require the permit holder to enter into an agreement with the city specifying the maintenance responsibilities. If an agreement is required, it shall be made a condition of the floodplain development permit.

D.

The applicant shall meet the requirements to submit technical data in subsection 1159.14(a)(1)C. when an alteration of a watercourse results in the relocation or elimination of the special flood hazard area, including the placement of culverts.

(4)

Compensatory storage required for fill. Fill within the area of special flood hazard shall result in no net loss of natural floodplain storage. The volume of the loss of floodwater storage due to filling in the special flood hazard area shall be offset by providing an equal volume of flood storage by excavation or other compensatory measures at or adjacent to the development site.

(j)

Storage of materials. Storage of material or equipment not otherwise prohibited in division (a)(2) hereof shall be firmly anchored to prevent flotation.

(k)

Critical development.

(1)

Critical development is that which is critical to the community's public health and safety, are essential to the orderly functioning of a community, store or produce highly volatile, toxic or water-reactive materials, or house occupants that may be insufficiently mobile to avoid loss of life or injury. Examples of critical development include jails, hospitals, schools, fire stations, nursing homes, wastewater treatment facilities, water plants, and gas/oil/propane storage facilities.

(2)

Critical developments shall be elevated to the 500-year flood elevation or be elevated to the highest known historical flood elevation (where records are available), whichever is greater. If no data exists establishing the 500-year flood elevation or the highest known historical flood elevation, the applicant shall provide a hydrologic and hydraulic engineering analysis that generates 500-year flood elevation data.

(Ord. 4314, passed 4-17-07)

Cross reference— Penalty, see § 1159.99

(a)

Appeal to the Board of Zoning Appeals. The Board of Zoning Appeals shall hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Floodplain Administrator in the administration or enforcement of this chapter. The Board of Zoning Appeals may authorize variances in accordance with division (e) hereof. In granting a variance under this chapter, the Board of Zoning Appeals, for good cause, may impose such conditions that it deems appropriate to maintain the purposes of this chapter.

(b)

Procedures for variances and appeals. Any applicant seeking a variance to the conditions imposed under this chapter or an appeal to an administrative decision made under this chapter, other than a decision by the Board of Zoning Appeals, may apply to or appeal to the Board of Zoning Appeals. The following conditions shall apply:

(1)

When filing an application for an appeal to the Board of Zoning Appeals from any orders, decisions, and determinations by the Floodplain Administrator or any other city administrative officer, board or commission, with respect to the application or enforcement of the provisions contained in this chapter, the applicant shall file a notice of appeal specifying the grounds therefore with the Building Department within ten days of the Floodplain Administrator or any other city administrative officer, board or commission's order, decision or determination. Upon determining that the application is complete and upon receipt of the required fee as provided by City Council for appeals to the Board of Zoning Appeals, the Building Department shall transmit to the Board of Zoning Appeals the application and a transcript constituting the record from which the order, decision or determination subject to appeal was based. This matter shall be placed before the Board of Zoning Appeals and heard in accordance with the provisions contained in chapter 1197.

(2)

Applications for appeals or variances made under these regulations shall contain the following information:

A.

The name, address, and telephone number of the applicant;

B.

Proof of ownership or authorization to represent the owner of the property;

C.

The location of the property, including street address and permanent parcel number;

D.

A description of the Floodplain Administrator's order, decision or determination being appealed or the conditions of the provision or provisions of this chapter from which a variance is sought.

(3)

Applications for variances or appeals of the Floodplain Administrator's orders, decisions or determinations shall not be resubmitted to the Board of Zoning Appeals unless, prior to the decision being made by the Board of Zoning Appeals, the applicant shows the Board of Zoning Appeals newly discovered evidence that could not have been presented with the original submission. The Board of Zoning Appeals may, at its sole and complete discretion, re-hear an appeal only if it finds specific evidence of a substantial change in circumstances of the same property has occurred since the time of the original submission.

(4)

All other procedures for the hearing and deciding of applications for variances or appeals not covered by this section shall be in accordance with the provisions contained in chapter 1197.

(5)

A decision by the Board of Zoning Appeals in response to an application for a variance request or an appeal of Floodplain Administrator's order, decision or determination filed pursuant to this chapter shall be final.

(c)

The Board of Zoning Appeals shall have the power to authorize, in specific cases, such variances from the standards and provisions of this chapter, not inconsistent with federal regulations, as will not be contrary to the public interest where, owing to special conditions of the lot or parcel, a literal enforcement of the provisions of this chapter would result in unnecessary hardship.

(d)

Public hearing. The Board of Zoning Appeals shall hold a public hearing in accordance with the provisions contained in chapter 1197. At such hearing the applicant shall present such statements and evidence as the Appeals Board requires. In considering variance applications, the Appeals Board shall consider and make findings of fact on all evaluations, all relevant factors, standards specified in other sections of this chapter and the following factors:

(1)

The danger that materials may be swept onto other lands to the injury of others.

(2)

The danger to life and property due to flooding or erosion damage.

(3)

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.

(4)

The importance of the services provided by the proposed facility to the community.

(5)

The availability of alternative locations for the proposed use that are not subject to flooding or erosion damage.

(6)

The necessity to the facility of a waterfront location, where applicable.

(7)

The compatibility of the proposed use with existing and anticipated development.

(8)

The relationship of the proposed use to the comprehensive plan and floodplain management program for that area.

(9)

The safety of access to the property in times of flood for ordinary and emergency vehicles.

(10)

The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site.

(11)

The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.

(e)

Variances shall only be recommended by the Board of Zoning Appeals upon:

(1)

A showing of good and sufficient cause.

(2)

A determination that failure to grant the variance would result in exceptional hardship due to the physical characteristics of the property. Increased cost or inconvenience of meeting the requirements of this chapter does not constitute an exceptional hardship to the applicant.

(3)

A determination that the granting of a variance will not result in increased flood heights beyond that which is allowed in this chapter; additional threats to public safety; extraordinary public expense, nuisances, fraud on or victimization of the public, or conflict with existing local laws.

(4)

A determination that the structure or other development is protected by methods to minimize flood damages.

(5)

A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(f)

Upon consideration of the above factors and the purposes of this chapter, the Appeals Board may attach such conditions to the granting of variances, as it deems necessary to further the purposes of this chapter.

(g)

Other conditions for variances.

(1)

Variances shall not be recommended by the Board of Zoning Appeals within any designated floodway if any increase in flood levels during the base flood discharge would result.

(2)

Generally, variances may be recommended by the Board of Zoning Appeals for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items in divisions (d)(1) to (11) hereof have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.

(3)

Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

(h)

All other procedures and conditions for the hearing and granting of appeals and requests for variances not otherwise provided for in this section shall be governed by the provisions contained in chapter 1197.

(i)

The Board of Zoning Appeals shall prepare findings of fact supporting its decision. The decision may be announced at the conclusion of the hearing and thereafter issued in writing or the decision may be issued in writing within a reasonable time after the hearing. Any recommendations made by the Board of Zoning Appeals for the granting of an appeal or variance shall be subject to the review and approval of City Council in accordance with article V, section 7 of the Brecksville City Charter. The decision of City Council shall be final.

(Ord. 4314, passed 4-17-07)

(a)

Compliance required.

(1)

No structure or land shall hereafter be located, erected, constructed, reconstructed, repaired, extended, converted, enlarged or altered without full compliance with the terms of this chapter and all other applicable regulations which apply to uses within the jurisdiction of this chapter, unless specifically exempted from filing for a development permit as stated in subsection 1159.13(g).

(2)

Failure to obtain a floodplain development permit shall be a violation of this chapter and shall be punishable in accordance with section 1159.99.

(3)

Floodplain development permits issued on the basis of plans and applications approved by the Floodplain Administrator authorize only the use, and arrangement, set forth in such approved plans and applications or amendments thereto. Use, arrangement, or construction contrary to that authorized shall be deemed a violation of this chapter and punishable in accordance with section 1159.99.

(b)

Notice of violation. Whenever the Floodplain Administrator determines that there has been a violation of any provision of this chapter, he or she shall give notice of such violation to the person or other entity responsible therefore and order compliance with this chapter as hereinafter provided. Such notice and order shall:

(1)

Be put in writing on an appropriate form;

(2)

Include a list of violations, referring to the section or sections of this chapter that have been violated, and order remedial action, which, if taken, will effect compliance with the provisions of this chapter;

(3)

Specify a reasonable time for performance;

(4)

Advise the owner, operator, or occupant of the right to appeal;

(5)

Be served on the owner, occupant, or agent in person. However, this notice and order shall be deemed to be properly served upon the owner, occupant, or agent if a copy thereof is sent by registered or certified mail to the person's last known mailing address, residence, or place of business, and/or a copy is posted in a conspicuous place in or on the property affected.

(Ord. 4314, passed 4-17-07)

(a)

Any person, firm, entity or corporation; including but not limited to, the owner of the property, his or her agents and assigns, occupant, property manager, and any contractor or subcontractor who violates or fails to comply with any provision of this chapter is guilty of a misdemeanor of the fourth degree for each offense. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.

(b)

The imposition of any other penalties provided herein shall not preclude the city instituting an appropriate action or proceeding in a court of proper jurisdiction to prevent an unlawful development, or to restrain, correct, or abate a violation, or to require compliance with the provisions of this chapter or other applicable laws, ordinances, rules, or chapters, or the orders of the city.

(Ord. 4314, passed 4-17-07)

Upon the report and findings of the Planning Commission, Council may permit the drilling of oil and gas wells, and the production incident thereto, as a conditional use in any Zoning District except R-60, R-40, R-20, R-16, R-8, R-A, C-F or any other Residential District, where such drilling of oil and gas wells is specifically prohibited, in accordance with the following provisions.

('64 Code, § 1160.01; Ord. 2858, passed 2-3-87)

Prior to issuing its report and findings as provided in chapter 1190, the Planning Commission shall conduct a public hearing upon all applications for a conditional use permit for the drilling of an oil and/or gas well. Such hearing and notice shall be in accordance with the provisions contained in subsection 1191.10(b) and any amendments made thereto.

('64 Code, § 1160.02; Ord. 2858, passed 2-3-87)

All other aspects of the regulation of the drilling of oil and/or gas wells, and the production incident thereto, shall be in accordance with chapter 1190 and any subsequent amendments made thereto.

('64 Code, § 1160.03; Ord. 2858, passed 2-3-87)