The districts established in Chapter 1119 as shown on the Official Zoning Map which, together with all explanatory matter thereon, are hereby adopted as part of this Ordinance.

   The Official Zoning Map shall be identified by the signature of the Mayor, and attested by the Municipal Clerk.

   Where uncertainty exists with respect to the boundaries of any of the zoning districts as shown on the Official Zoning Map, the following rules shall apply:

   (a)   Where district boundaries are indicated as approximately following the center lines of thoroughfares or highways, street right of way lines, or highway right-of-way lines, such center lines, street, or highway right-of-way lines shall be construed to be such boundaries;

   (b)   Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries;

   (c)   Where district boundaries are so indicated that they are approximately parallel to the center lines or street lines of streets, or the center lines of right-of-way lines or highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Official Zoning Map. If no distance is given, such dimensions shall be determined by the use of the scale shown on the Official Zoning Map.

   (d)   Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located in the middle of the main tracks of said railroad line;

   (e)   Where the boundary of a district follows a stream, lake, or other body of water, said boundary line shall be deemed to be at the limit of the jurisdiction of the Municipality unless otherwise indicated.

   Whenever any area is annexed to the Municipality, one of the following conditions will apply:

   (a)   Land that is zoned prior to annexation shall be classified as being in whichever district most closely conforms with the zoning that existed prior to annexation. Such classification shall be recommended for an interim period by the Planning Commission to the Municipal Council, and the Council shall approve the same after public hearing.

   (b)   Land not zoned prior to annexation shall be classified in the same manner into whichever district of this code most closely conforms with the existing use of the annexed area, or in accordance with the master plan in the case of vacant land.

   (c)   In all cases, within three months after the effective date of annexation, the Planning Commission shall recommend the appropriate permanent zoning districts for such area to the Municipal Council, and the map shall be amended according to the prescribed procedure set forth in Charter Section 4.11.

   For the purpose of promoting the public health, safety, morals, convenience, comfort, prosperity, and general welfare of the Municipality, the following districts are hereby established:

   R-1A Suburban Residential

   R-1B Urban Residential

   R-1C Urban Residential

   R-2 Urban Residential

   R-3 Multi-family Residential

   OR Office-Residential

   OS Office Service

   CB Convenience Business

   GB General Business

   HS Highway Service

   CC Community Center

   I-1 Light Industrial

   I-2 General Industrial

   PR Planned Residential

   PMH Planned Mobile Home Residential

   PRVP Planned Recreational Vehicle Park

   PC Planned Commercial

   PI Planned Industrial

   C Conservation

   FP Flood Plain

   The regulations for each district set forth by this Ordinance shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, except as hereinafter provided:

   (a)   No building, structure, or land shall be used or occupied and no building or structure or part thereof shall be erected, constructed, reconstructed, moved, or structurally altered except in conformity with all of the regulations herein specified for the district in which it is located;

   (b)   No building or other structure shall be erected or altered:

      (1)   To provide for greater height or bulk;

      (2)   To accommodate or house a greater number of families;

      (3)   To occupy a greater percentage of lot area;

      (4)   To have narrower or smaller rear yards, front yards, side yards, or other open spaces;

than herein required, or in any other manner be contrary to the provisions of this Ordinance.

   (c)   No yard or lot existing at the time of passage of this Ordinance shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this Ordinance shall meet at least the minimum requirements set forth herein.

   (d)   No land, building or structure in any district shall be used or occupied in any manner so as to create any dangerous, injurious, noxious, or otherwise objectionable fire, explosive, or other hazard; noise, brilliant light, vibration; smoke, dust, fumes, odor, or other form of air pollution; heat, cold, dampness, electrical or electronic disturbances, nuclear radiation, or any other condition, substance or element, to any person or property outside of the premises on which such building, structure or use is located; such uses when lawfully permitted under the provisions of this Ordinance shall be operated in a manner so as to insure that the property rights of all other parcels of land will not be adversely affected to the extent of reducing the enjoyment of property rights thereon.

   The erection, construction, alteration, or maintenance by public utilities or municipal departments or commissions, of overhead, surface or underground gas, electrical steam, or water, distribution or transmission systems, collection, communication, supply or disposal systems, including mains, drains, sewers, pipes, conduits, tunnels, wires, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, poles, electrical substation, gas regulator stations and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utility or municipal department or commission or for the public health, safety, or general welfare, shall be exempt from the regulations of this Ordinance. Provided, however, that the installation shall conform to Federal Communications Commission and Federal Aviation Agency rules and regulations, and those of other authorities having jurisdiction.

   This district is intended to provide areas suitable for single-family residential development of a low density, open space character, generally located within the peripheral areas of the Municipality. This reflects the character of similar existing larger lot residential areas within the Municipality.

   (a)   Permitted Uses.

      (1)   Single-family dwellings.

      (2)   Accessory buildings and uses incidental to the principal use which do not include any activity conducted as a business.1

   (b)   Special Uses. The following special uses are subject to review and regulation in accordance with Chapter 1163:

      (1)   Governmentally owned and/or operated parks and recreational facilities.

      (2)   Private non-commercial recreational areas and facilities of an open space nature, such as golf courses, tennis courts, country clubs, etc.

      (3)   Churches and other buildings for the purpose of religious worship.

      (4)   Libraries.

      (5)   Public and private schools offering courses in general education.

      (6)   Cemeteries.

      (7)   Home occupations.

      (8)   Private earth stations.

      (9)   Shared housing (maximum of five [5] residents).

      (10)   Congregate housing (maximum of five [5] residents).

      (11)   Family care homes.

      (12)   Foster care facility (maximum of five [5] residents).

   (a)   Lot Requirements.

 

 

   (b)   Yard Requirements.

 

   (c)   Structural Requirements.

 

 

   (d)   Parking and Loading Requirements. See Chapter 1159 for off-street parking and loading requirements.

   (e)   Signs. See Chapter 1161 for size and location of permitted signs.

(Ord. 1987-05. Passed 8-4-87; Ord. 2004-11. Passed 11-16-04.)

   This district is provided to accommodate single-family residential development at a higher density that the R-1A District, generally within the expansion areas of the Municipality as well as within areas of the Municipality of similar development characteristics.

   (a)   Permitted Uses. All permitted and accessory uses as provided within the R-1A District.3

   (b)   Special Uses. The following special uses are subject to review and regulation in accordance with Chapter 1163:

      (1)   All special uses as provided within the R-1A District.

      (2)   Day care centers, nursery schools.

      (3)   Social care homes (maximum of five [5] residents).

   (a)   Lot Requirements.

 

 

   (b)   Yard Requirements.

 

   (c)   Structural Requirements.

 

 

   (d)   Parking Requirements. See Chapter 1159 for off-street parking and loading space requirements.

   (e)   Signs. See Chapter 1161 for size and location of permitted signs.

(Ord. 1987-05. Passed 8-4-87; Ord. 2004-11. Passed 11-16-04.)

   The purpose of this district is to provide areas for the development of moderate density single-family neighborhoods. Generally, these districts would be located within the expansion and intermediate portion of the Municipality within areas which can be provided full urban services as well as within existing residential areas of similar character.

   (a)   Permitted Uses. All permitted and accessory uses as provided within the R-1B District.5

   (b)   Special Uses. The following special uses are subject to review and regulation in accordance with Chapter 1163:

      (1)   All special uses as provided within the R-1B District.

      (2)   Conversion of single family dwellings to two family.

      (3)   Intermediate care homes (maximum of five [5] residents).

   (a)   Lot Requirements.

 

   (b)   Yard Requirements.

 

   (c)   Structural Requirements

 

 

   (d)   Parking Requirements. See Chapter 1159 for off street parking and loading space requirements.

   (e)   Signs. See Chapter 1161 for size and location of permitted signs.

(Ord. 1987-05. Passed 8-4-87; Ord. 2004-11. Passed 11-16-04; Ord. 2021-05. Passed 6-15-21.)

   Although basically a higher density single-family residential district, provision is also made within this district for the construction of two-family units as well as the conversion of existing single family residences into two-family units as administered under special use review. Generally, these districts would be located within the intermediate and closer-in neighborhoods reflecting the smaller lot sizes and higher density character of these areas.

   (a)   Permitted Uses. All permitted and accessory uses as provided within the R-1C District7

   7 Regulations governing accessory facilities and uses, are specified in Chapter 1157.

   (b)   Special Uses. The following special uses are subject to review and regulation in accordance with Chapter 1163.

      (1)   All special uses as provided within the R-1C District.

      (2)   Two-family dwellings.

      (3)   All previously listed residential social service and care facilities (maximum of eight [8] residents).

      (4)   Shared and congregate housing (maximum of eight [8] residents).

      (5)   Transitional parking lots.

   (a)   Lot Requirements.

 

   (b)   Yard Requirements.

 

   (c)   Structural Requirements.  

 

   (d)   Parking Requirements. See Chapter 1159 for off street parking and loading space requirements.

   (e)   Signs. See Chapter 1161 for size and location of permitted signs.

(Ord. 1987-05. Passed 8-4-87; Ord. 2004-11. Passed 11-16-04.)

   The purpose of this district is to provide for the development of moderately high density residential development where supported by adequate community facilities and services. Generally, this district would be most appropriate within the central residential portions of the Municipality, within which the provisions of the district also provide for a variety of housing types designed for the limited space available on smaller lots. The use of this district is also appropriate in areas with ready access to major thoroughfares and/or employment concentrations.

(Ord. 2004-05. Passed 8-3-04.)

   (a)   Permitted Uses.

      (1)   All permitted and accessory uses as provided within the R-2 District. Regulations governing accessory facilities and uses, are specified in Chapter 1157.

      (2)   Two-family dwellings.

      (3)   Multi-family uses not exceeding four dwelling units.

   (b)   Special Uses. The following special uses are subject to review and regulation in accordance with Chapter 1163:

      (1)   All special uses as provided within the R-2 District with the exception of two family dwellings which are a permitted use within the R-3 District. All previously listed residential social service and care facilities without size limitation.

      (2)   Multi-family uses exceeding four dwelling units.

      (3)   Congregate housing.

      (4)   Townhouses.

      (5)   Zero lot line dwellings.

      (6)   Rest homes, nursing homes, for convalescent patients.

      (7)   Housing for the elderly.

      (8)   Intermediate care homes.

         (Ord. 2004-05. Passed 8-3-04.)

   (a)   Lot Requirements.

      (1)   Minimum lot area.

 

 

 

   (b)   Yard Requirements.

      (1)   Single-family, two-family dwellings and shared housing.

 

 

   (c)   Structural Requirements.

      (1)   Maximum building height

 

 

 

   (d)   Parking Requirements. See Chapter 1159 for off street parking and loading space requirements.

   (e)   Signs. See Chapter 1161 for size and location of permitted signs.

   (f)   Site Development Plan. A site development plan shall be required for all multi- family uses and all other special uses in this district. See Chapter 1167 for site development plan requirements. (Ord. 2004-05. Passed 8-3-04.)

   This district provides for residences, office and service facilities in suitable locations in which they can support community needs without producing incompatible effects on adjacent uses. Such a district is particularly appropriate adjacent to arterial streets, as well as between commercial areas and residential neighborhoods.

   (a)   Permitted Uses.

      (1)   All permitted uses as provided within the R-3 Residential District.

      (2)   Single family dwellings in conjunction with a permitted or special use as facilitated within this district.

      (3)   Professional offices of doctors, dentists, chiropractors, lawyers, engineers and similar type professions limited to three (3) such principal professionals per site, excluding support personnel.

      (4)   Real estate, insurance and similar type offices provided that no retail trade with the general public is carried on, that no stock of goods is maintained for sale to customers, and that occupancy is limited to three principal professionals, excluding support personnel.

      (5)   Barber and beauty shop (one chair operation only).

      (6)   Instructional studios.

      (7)   Accessory buildings and uses incidental to the principal use.11

   11Regulations governing accessory facilities and uses are specified in Chapter 1157.

   (b)   Special Uses. The following special uses are subject to review in accordance with Chapter 1163:

      (1)   All special uses as provided within the R-3 Residential District.

      (2)   Halfway houses.

      (3)   Publicly owned and operated neighborhood recreation centers.

      (4)   Funeral homes.

      (5)   Medical and dental clinics; professional offices as previously identified containing more than three (3) such professionals per site.

   12For uses permitted by right within the R-3 District, the requirements of that district shall be applicable. Special Uses shall comply with all pertinent development standards contained in Chapter 1163.

   (a)   Lot Requirements.

 

 

   (c)   Structural Requirements.

      (1)   Maximum building height   35 feet

      (2)   Structure area

         Offices not to exceed   2,500 square feet

   (d)   Parking and Loading Requirements. See Chapter 1159 for off-street parking and loading requirements.

   (e)   Signs. See Chapter 1161 for size and location of permitted signs.

   This District provides for the location of offices, banks, institutional, governmental, and personal services in suitable locations in which they can support community needs as well as serve as transitional areas between residential and commercial districts or between major thoroughfares and residential districts.

   (a)   Permitted Uses.

      (1)   Business and professional offices, finance, insurance, real estate offices, banks (except drive-in type).

      (2)   Research and development laboratories.

      (3)   Medical and dental clinics.

      (4)   Funeral homes.

      (5)   Barber and beauty shops.

      (6)   Instructional studios.

      (7)   Churches.

      (8)   Radio and television broadcasting studios.

      (9)   Accessory buildings and uses incidental to the principal use.15

   15Regulations governing accessory facilities and uses are specified in Chapter 1157.

   (b)   Special Uses. The following special uses are subject to review in accordance with Chapter 1163.

      (1)   All special uses as provided within the OR District with the exception of residential uses and those uses listed as permitted uses within this District.

      (2)   Retail and service uses such as restaurants, drug stores, barber and beauty shops, tobacconists, gift shops, but only when located entirely within a building or structure containing primarily a use or uses permitted in this District.

      (3)   Hospitals.

      (4)   Business and industrial sales-service establishments where a stock of goods may be maintained on the premises for local or regional transport and sales to customers, provided that retail sales do not comprise a major portion of the total business.

      (5)   Printing establishments.

      (6)   Veterinarian offices.

   16 See Chapter 1155 for additional provisions for commercial facilities.

   17Special uses shall comply with all pertinent development standards contained in Chapter 1163.

   (a)   Lot Requirements.

 

 

   (c)   Structural Requirements.

      Maximum building height   40 feet

   (d)   Parking and Loading Requirements. See Chapter 1159 for off-street parking and loading requirements.

   (e)   Signs. See Chapter 1161 for size and location of permitted signs.

   This District is intended to provide for relatively small business and service establishments in suitable locations primarily to serve the day-to-day convenience shopping and service needs of persons residing within adjacent residential areas.

   (a)   Permitted Uses.

      (1)   Retail sales and services including any local convenience retail and/or service uses including but not limited to: grocery or other small food stores, carry-outs, hardware and paint stores, florist shops, book, stationary and gift stores, hobby shops, shoe repair, candy and ice cream stores, drug stores, barber shops, beauty shops, bakery shops, dry cleaning and laundry pick-up stations, laundromats, etc. which supply commodities or perform services primarily of a convenience nature.

      (2)   Instructional and commercial studios.

      (3)   Offices of doctors, dentists and chiropractors.

      (4)   Accessory buildings and uses incidental to the principal use.20

   20Regulations governing accessory facilities and uses are specified in Chapter 1157.

   (b)   Special Uses. The following special uses are subject to review in accordance with Chapter 1163:

      (1)   Auto service stations.

      (2)   Supermarkets.

      (3)   Veterinarian offices.

   21 See Chapter 1155 for additional provisions for commercial facilities.

   22 Special uses shall comply with all pertinent development standards contained in Chapter 1163.

   (a)   Lot Requirements.

 

      (1)   Minimum front yard depth

         A.   Twenty (20) feet if frontage of lots is one hundred (100) feet or more, or if adjacent land is not built upon, or if buildings on adjacent lots have provided front yards of twenty (20) feet or more.

         B.   If frontage is less than one hundred (100) feet and if a building on an adjacent lot, or buildings on adjacent lots, provide yards less than twenty (20) feet in depth, a front yard equal to average of adjacent front yards is required.

         C.   Where a CB District is located in a block, a portion of which is residentially zoned, the front yard requirements of the residential district shall apply to said CB lot.

      (2)   Minimum rear yard depth

         A.   Where lot line abuts other business or industrial district lot lines-none, except as required to meet other provisions for loading, parking etc.

         B.   When lot line abuts residential lot line, see transitional requirements.

      (3)   Minimum side yard width

         A.   Where lot line abuts other business or industrial district lot lines:

      If fire resistive construction, building may be:

            1.   Set to the side property line, or

            2.   Set not less than four (4) feet back from side property line.

            (County Building Codes should also be checked.)

         B.   Where lot line abuts residential lot line, see transitional requirements.

      (4)   Transitional requirements. When said side or rear lot line abuts residential district lot lines, the minimum side or rear transitional setback distance shall be 20 feet in depth and provided with a landscape screen or wall as defined in Section 1155.01.

   (c)   Structural Requirements.

      (1)   Maximum building height   35 feet

      (2)   Size of establishment: Permitted office or commercial uses shall not exceed the floor area per individual use or business establishment shown in the following table. Such uses may be allowed to exceed the maximum establishment size subject to review under the special use provision in accord with Chapter 1163.

   The maximum establishment size for any special use shall be established by the Planning Commission and specified in the Special Use Permit for such use.

 

   (d)   Parking and Loading Requirements. See Chapter 1159 for off-street parking and loading requirements.

   (e)   Signs. See Chapter 1161 for size and location of permitted signs.

   (f)   Supplementary Regulations. No zoning certificate shall be issued for a "CB" use, until the applicant shall have certified to the Zoning Inspector that:

      (1)   The business activity is open to the public only between the hours of 6:00 A.M. and 11:00 P.M.

      (2)   The business activity shall be conducted wholly within a completely enclosed building.

      (3)   The business establishment shall not offer goods, service, food, beverages or make sales directly to customers in automobiles, except for drive-in windows for pick-up or delivery and which will be provided with adequate driveway space on the premises for waiting vehicles.

      (4)   All business shall be of a retail or service character.

      (5)   No manufacturing, processing, packaging, repair or treatment of goods shall be carried on, except when incidental or accessory to the performance of services or the sale of goods to the public on the premises.

      (6)   All premises shall be furnished with all-weather hard surface walks of material such as bituminous or portland cement concrete, wood, tile, terrazzo or similar material, and, except for parking areas, the grounds shall be planted and landscaped.

      (7)   No noise from any operation conducted on the premises, either continuous or intermittent, shall violate the provisions of Chapter 1155.

      (8)   There will be no emission of odors or odor-causing substances which can be detected without the use of instruments at or beyond the lot lines.

      (9)   There will be no vibrations which can be detected without the use of instruments at or beyond the lot lines.

   Failure to comply with any of the above conditions by property owners or users will be considered a zoning violation appropriate for prosecution under the terms of this Ordinance.

   This district is intended to provide for a variety of retail, service, and administrative establishments required to satisfy the needs of the overall community. This district is also intended to accommodate retail trade establishments in the community which cannot be practically provided for in a neighborhood commercial district development.

   (a)   Permitted Uses.

      (1)   All permitted uses as provided within the Convenience Business District.

      (2)   Department stores.

      (3)   Establishments engaged in the retail trade of: drugs, book and stationery stores, apparel stores, florists shops, antique stores, sporting goods stores, jewelry stores, optical goods stores, furniture, home furnishings, cameras-photo supplies, hardware, hobby shops, music, musical instruments, pet sales and supplies, radio and television sales and service, sporting goods, news stands, and similar retail activities.

      (4)   Office equipment and office supply stores.

      (5)   Establishments engaged primarily in the fields of finance, insurance, and real estate such as banks, credit agencies, investment firms, real estate and insurance offices.

      (6)   Miscellaneous business services such as advertising, news syndicates, employment agencies, travel bureaus and ticket offices.

      (7)   Engineering and architectural services, legal services, accounting, auditing, and bookkeeping services.

      (8)   Non-profit, professional, service, charitable and labor organizations.

      (9)   Business schools or private schools operated for a profit.

      (10)   Theaters, not including drive-ins.

      (11)   Restaurants, not including drive-in or fast food.

      (12)   Post office and governmental office buildings.

      (13)   Accessory buildings incidental to the principal use.23

   (b)   Special Uses. The following special uses are subject to review in accordance with Chapter 1163.

      (1)   Drive-in and fast-food restaurants.

      (2)   Automobile service stations.

      (3)   Auto and truck rental; new and used car, truck, bicycle or motorcycle sales and services; boat and marine equipment sales, rental and service; trailer sales and rentals.

      (4)   Banks and drive-through facilities.

      (5)   Churches, mortuaries.

      (6)   Cultural institutions including public libraries, public art galleries and public museums.

      (7)   Bowling alleys.

      (8)   Indoor skating rinks and similar recreational uses.

      (9)   Animal hospitals and/or kennels.

      (10)   Building supplies, garden supplies.

      (11)   Night clubs, discotheques, etc.

         (Ord. 1987-05. Passed 8-4-87; Ord. 2005-09. Passed 11-15-05.)

      (12)   Mobile food vendors. (Ord. 2010-06. Passed 8-3-10.)

   24 See Section 1155 for additional provisions for commercial facilities.

   25 Special Uses shall comply with all pertinent development standards contained in Chapter 1163.

   (a)   Lot Requirements.

 

 

   (b)   Yard Requirements.

      (1)   Minimum front yard depth

         A.   Twenty-five (25) feet if frontage of lot is one hundred (100) feet or more, or if adjacent land is not built upon, or if buildings on adjacent lots have provided front yards of twenty-five (25) feet or more.

         B.   If frontage is less than one hundred (100) feet and if a building on an adjacent lot, or buildings on adjacent lots, provide yards less than twenty-five (25) feet in depth, a front yard equal to average of adjacent front yards is required.

         C.   Where a GB District is located in a block, a portion of which is residentially zoned, the front yard requirements of the residential district shall apply to said GB lot.

      (2)   Minimum rear yard depth

         A.   Where lot line abuts the business or industrial district lot lines - none, except as required to meet the provisions for loading, parking, etc.

         B.   Where lot line abuts residential lot line, see Transitional requirements.

      (3)   Minimum side yard width

         A.   Where lot line abuts other business or industrial district lot lines:

      If fire resistive construction, building may be:

            1.   Set to the side property line, or

            2.   Set not less than four (4) feet back from side property line.

         B.   Where lot line abuts residential lot line, see transitional requirements.

      (4)   Transitional requirements. When said side or rear lot line abuts residential district lot lines, the minimum side or rear transitional setback distance shall be 25 feet in depth and provided with a landscape screen or wall as defined in Section 1155.01.

   (c)   Structural Requirements.

      Maximum building height   45 feet

   (d)   Parking and Loading Requirements. See Chapter 1159 for off-street parking and loading requirements.

   (e)   Signs. See Chapter 1161 for size and location of permitted signs.

   (f)   Supplementary Regulations. All merchandise, new and used, with the exception of boat, automobile, truck or farm implements shall be stored within a completely enclosed building. Open storage may be permitted if located behind the principal structure if visually screened from the street and adjacent properties by a landscaped screen, fence or wall.

   This district is intended to provide an appropriate location for commercial establishments offering accommodations, supplies and services to the motoring public. Such a district is most appropriately located adjacent to freeway interchanges and intersections of major thoroughfares.

   (a)    Permitted Uses

      (1)   Auto and truck rental; new and used car, truck, bicycle or motorcycle sales and service; boat and marine equipment sales, rental and service; trailer sales and rentals.

      (2)   Restaurants and lounges (sit down, carry out, fast food, and drive-in).*

      (3)   Motels.

      (4)   Automobile service stations, service centers, repair garages and wash facilities.*

      (5)   Body shops.

      (6)   Farm equipment sales and service.

      (7)   Lumber yards.

      (8)   Tool and equipment rental facilities.

      (9)   Store and lock enclosed storage facilities.

      (10)   Theaters (enclosed and drive-in).*

      (11)   Veterinarian offices, kennels and animal hospitals.

      (12)   Medical and dental offices, clinics, health centers and hospitals.

      (13)   Par 3 golf courses, miniature golf, driving ranges.

      (14)   Health spas.

      (15)   Greenhouses.

      (16)   Nursery and plant materials sales. (Ord. 1987-05. Passed 8-4-87.)

      (17)   Banks, including drive-through facilities.

      (18)   Research and development offices and laboratories, administrative offices of any kind, including corporate, public, semi-public, civic, religious and charitable organizations, post offices and governmental buildings.

      (19)   Convenience food stores that primarily provide products and services for interstate travelers.

      (20)   Accessory buildings incidental to the principal use. (Regulations governing accessory facilities and uses are specified in Chapter 1157).

         (Ord. 2003-10. Passed 2-3-04.)

      (21)   Governmentally owned or operated Parks and Recreation Facilities. Recreation Facilities shall include the Montgomery County Fair Facilities and fair operation. This use shall be permitted only as a PD-Planned Development and following the requirements of Chapter 1151 and specifically Section 1151.14. (Ord. 2014-02. Passed 4-1-14.)

   (b)   Special Uses. The following special use is subject to review in accordance with Chapter 1163.

      (1)   Truck service centers and repair facilities.

         (Ord. 1999-07. Passed 1-4-00; Ord. 2003-10. Passed 2-3-04.)

      (2)   Retail establishments engaged in the retail trade of pharmacies, book and stationery stores, apparel stores, florist shops, antique stores, sporting goods stores, jewelry stores, optical goods stores, furniture, home furnishings, camera-photo supplies, electronic or computer sales and service, groceries, department stores, including department stores that offer a variety of retail goods and groceries, and other retail uses that are similar in character to those retail uses listed above, however, excluding any use that is an adult entertainment facility, as defined in Section 1103.03.

         (Ord. 2003-10. Passed 2-3-04.)

      (3)   Mobile food vendors. (Ord. 2010-06. Passed 8-3-10.)

      (4)   Wireless telecommunication facilities. (Ord. 2014-13. Passed 2-3-15.)

   27Those uses identified by an asterisk shall comply with all pertinent development standards contained in Chapter 1163.

   28See Chapter 1155 for additional provisions for commercial facilities.

   (a)   Lot Requirements.

 

 

   (b)   Yard Requirements.

      (1)   Minimum front yard depth   50 feet

      (2)   Minimum rear yard depth

         A.   Where lot line abuts other business or industrial district lot lines - none, except as required to meet other provisions for loading, parking, etc.

         B.   Where lot line abuts residential lot line, see transitional requirements.

      (3)   Minimum side yard depth

         A.   Where lot line abuts other business or industrial district lot lines, a setback of 30 feet shall be provided.

         B.   Where lot line abuts residential lot line, see transitional requirements.

      (4)   Transitional requirements. When said side or rear lot line abuts residential district lot lines, the minimum side or rear transitional setback distance shall be 50 feet in depth and provided with a landscape screen or wall as defined in Section 1155.01.

   (c)   Structural Requirements.

         Maximum building height   35 feet

   (d)   Parking and Loading Requirements. See Chapter 1159 for off-street parking and loading requirements.

   (e)   Signs. See Chapter 1161 for size and location of permitted signs.

   (f)   Supplementary Regulations.

      (1)   A request to rezone land to Highway Service must be substantiated with evidence that (1) such a use will not conflict with the intended function of a major street to carry traffic; and (2) that the capacity of the street(s) will not be materially reduced by the additional commercial facilities.

      (2)   A site plan shall be submitted to the Planning Commission for approval. Such site plan shall graphically include the locations and dimensions of vehicular and pedestrian entrances, exits, driveways, walkways, and the vehicular circulation patterns to and from the site; building locations and dimensions, off-street parking spaces and landscaping.

      (3)   All merchandise, new and used, with the exception of boat, automobile, truck or farm implements shall be stored within a completely enclosed building. Open storage may be permitted if located behind the principal structure if visually screened from the street and adjacent properties by a landscaped screen, fence or wall.

   This district is designed to provide for a somewhat restricted variety of retail stores and business and consumer service establishments which function most efficiently from a central place in the community, and which serve the comparison shopping and service needs of Brookville and its environs. Activities are encouraged which will not result in vehicular-pedestrian conflicts nor produce "dead spaces" within this more intensive commercial activity area.

   (b)   Special Uses. The following special uses are subject to review in accordance with Chapter 1163 .

      (1)   Libraries and museums.

      (2)   Residential dwellings.

      (3)   Commercial parking lots.

      (4)   Banks with drive-in facilities.

      (5)   Shops producing merchandise to be sold at retail providing that no more than five (5) persons are employed on the premises in such production.

         (Ord. 1987-05. Passed 8-4-87.)

      (6)   Mobile food vendors. (Ord. 2010-06. Passed 8-3-10.)

   30See Chapter 1155 for additional provisions for commercial facilities.

   31Townhouse and zero lot line dwellings shall be guided by respective provisions within the special use section. No specific yard requirements are specified for other types of dwellings with the exception of a minimum lot area of 1500' per unit for multi-family dwellings, with single conventional family detached units prohibited.

   (a)   Lot Requirements.

      (1)   Minimum lot area. Sufficient to meet all other yard, parking and loading requirements.

      (2)   Minimum lot frontage.

   (b)   Yard Requirements.

      (1)   None, except as required to meet the provisions for loading and parking, and the following:

         If fire resistive construction, building may be:

         A.   Set to the side property line, or

         B.   Set not less than four (4) feet back from side property line. If non-fire resistive construction, building must be set back eight (8) feet from side property line.

      (2)   Where lot line abuts residentially zoned area without street separation, the minimum side or rear transitional setback distance shall be 25 feet in depth and provided with a landscape screen or wall as defined in Section 1155.01.

   (c)   Structural Requirements.

Maximum building height: There shall be no specific height limitation in the Community Center District; however, prior to the issuance of a building permit for any structure which is planned to exceed forty-five (45) feet in height, the Planning Commission shall make a finding that any such excessive height will not be detrimental to the public safety, to the light, air or privacy of any other structure or use currently existing or approved for construction.

   (d)   Parking and Loading Requirements. See Chapter 1159 for off-street parking and loading space requirements.

   (e)   Signs. See Chapter 1161 for size and location of permitted signs.

   This District is intended to provide for industrial uses having a minimum impact upon the surrounding environment in areas that are suitable for industrial development by reason of location and the availability of adequate utility and transportation systems. Uses that can be operated in a clean and quiet manner, subject only to those regulations and performance standards necessary to prohibit congestion and for the protection of adjacent residential and business activities, are permitted.

   (a)   Permitted Uses.

      (1)   Any use whose principal function is basic research, design and/or pilot or experimental product development or technical training.

      (2)   Office buildings of an executive or of an administrative nature or incidental to those uses previously listed.

      (3)   Sales offices and retail sales.

      (4)   Business and industrial service facilities.

      (5)   Laboratories - experimental, film, testing, research, or engineering.

      (6)   Printing, publishing, binding and typesetting plants.

      (7)   Warehouses and distribution firms.

      (8)   Wholesale sales facilities.

      (9)   The manufacture, compounding, processing, packaging, or treatment of such products as, but not limited to: bakery goods, boxes and paperboard containers, business machinery, candy, clocks and toys, cosmetics, electrical and electronic products, components and equipment, food products, hardware and cutlery, tool, die gauge, machine shops and pharmaceuticals.

      (10)   The manufacture, compounding, assembling, or treatment of articles or merchandise from previously prepared materials such as, but not limited to: bone, canvas, cellophane cloth, cork, feathers, felt, fiber, fur, glass, hair, horn, leather, paper, plastics, precious or semiprecious metals or stone, sheet metal (excluding large stampings such as automobile fenders or bodies) shell, textiles, tobacco, wax, wire, wood, (excluding saw and planing mills), and yarns.

      (11)   Medical, dental, optical manufacturing.

      (12)   The manufacture of pottery and figurines or other similar ceramic products using only previously pulverized clay, and kilns fired only by electricity or gas.

      (13)   The manufacture and repair of electric and neon signs.

      (14)   Light sheet metal products, including heating and ventilating equipment, cornices or eaves. (Ord. 1987-05. Passed 8-4-87.)

      (15)   Mobile food vendors. (Ord. 2010-06. Passed 8-3-10.)

      (16)   Accessory buildings and uses incidental to the principal use.32

   32Regulations governing accessory facilities and uses are specified in Chapter 1157. (Ord. 1987-05. Passed 8-4-87.)

      (17)   Governmentally owned or operated Parks and Recreation Facilities. Recreation Facilities shall include the Montgomery County Fair Facilities and fair operation. This use shall be permitted only as a PD-Planned Development and following the requirements of Chapter 1151 and specifically Section 1151.14. (Ord. 2014-02. Passed 4-1-14.)

   (b)   Special Uses. The following special uses are subject to review in accordance with Chapter 1163:

      (1)   Electroplating.

      (2)   Graphic products manufacture.

      (3)   Laundries and dry cleaning plants.

      (4)   Automobile service stations.

      (5)   Car washes.

      (6)   Garages for storage, repair, and servicing of motor vehicles, including body repair, painting, and engine rebuilding.

      (7)   Banks including drive-in facilities.

      (8)   Restaurants, including fast food and drive-ins.

      (9)   Taverns. (Ord. 1987-05. Passed 8-4-87.)

      (10)   Radio, television or other transmission towers and related station facilities, and Wireless Telecommunication Facilities.

         (Ord. 2014-07. Passed 9-16-14.)

      (11)   Yards of general contractors engaged in building or heavy construction; building materials storage and sales.

      (12)   Machinery and heavy equipment rental, sales and storage.

      (13)   Truck and motor freight terminals and hauling services.

      (14)   Other manufacturing, processing, or storage uses determined by the Board of Appeals to be of the same general character as the permitted uses previously listed and found not to be obnoxious, unhealthful, or offensive by reason of the potential emission or transmission of noise, vibration, smoke, dust, or glare or heat. In this regard, the Board of Appeals may seek expert advice on what conditions should be imposed on a particular operation to carry out the purposes of this zone; the cost of such expert assistance shall be borne by the applicant.

   33See Chapter 1155 for additional provisions for commercial and industrial facilities.

   34Special uses shall comply with all pertinent development standards contained in Chapter 1163.

   (a)   Lot Requirements.

 

   (b)   Yard Requirements.

 

 

   38Each side and rear yard for special uses shall be equal to two (2) times the height of the principal building. If adjacent lots are industrially developed to the lot line, no side yard need be provided. Where a side or rear yard abuts onto a Residential District, said yard shall in no case be less than one hundred (100) feet and a landscaped screening as specified in Section 1155.01 shall be provided. An opaque fence may be substituted for such plantings if approved by the Planning Commission. If the use is to be serviced from the rear, the yard shall be at least fifty (50) feet deep.

   39Any portion of the side and rear yards in excess of 15 feet from the property line may be used for parking.

   (c)   Structural Requirements.

 

 

   (d)   Parking and Loading Requirements. See Chapter 1159 for off-street parking and loading requirements.

   (e)   Signs. See Chapter 1161 for size and location of permitted signs.

   (f)   Supplementary Regulations. Site plan approval required. A site plan shall be submitted to the Planning Commission for approval. Such site plan shall graphically include the location and dimensions of vehicular entrances, exits, internal circulation pattern, off-street parking and loading facilities, building locations and dimensions, storage facilities, landscaping and screening facilities.

   The intent of this District is to accommodate a broad range of industrial activities - diverse in products, operational techniques and size which have a greater potential impact upon their environment than those permitted in the Light Industrial District.

   (a)   Permitted Uses.

      (1)   All permitted and special uses as provided within the Light Industrial District with the exception of those uses defined as special uses within this District.

      (2)   Cement block and formed products manufacturing.

      (3)   Railroad train yards, classification yards, team tracks and depots.

      (4)   Sawing and planing mills.

      (5)   Chemical products such as drugs, paints, wood chemicals, and allied chemicals.

      (6)   Stone, clay, glass, brick, abrasives, tile, and related products.

      (7)   Fabricated metal manufacturing, including ordinance, engines, machinery, electrical equipment, transportation equipment, metal stamping, wire products and structural metal products.

      (8)   Meat packing. (Ord. 1987-05. Passed 8-4-87.)

      (9)   Sexually oriented businesses (as defined in Section 1103.03). These uses shall also comply with the development standards contained in Section 1145.03(g).
(Ord. 2005-09. Passed 11-15-05.)

      (10)   Accessory buildings and uses incidental to the principal use.40

   (b)   Special Uses. The following special uses are subject to review in accordance with Chapter 1163:

      (1)   Asphalt or asphalt products, bulk storage stations for liquid fuel, petroleum products, petroleum and volatile oils.

      (2)   Concrete mixing plants.

      (3)   Bulk storage of corrosive acids and acid derivatives.

      (4)   Fertilizer manufacturing.

      (5)   Garbage or refuse reduction or transfer.

      (6)   Sanitary landfill.

      (7)   Incinerators.

      (8)   Glue manufacturing.

      (9)   Paper products manufacturing.

      (10)   Plastics manufacturing.

      (11)   Rubber processing or manufacturing.

      (12)   Mining, mixing, processing, and transportation of stone, sand or gravel aggregate.

      (13)   Manufacturing or processing of asphalt products.

      (14)   Soap manufacturing.

      (15)   Steel manufacturing.

      (16)   Junk yards and auto graveyards.
(Ord. 1987-05. Passed 8-4-87.)

      (17)   Radio, television or other transmission towers and related station facilities, and wireless telecommunication facilities.
(Ord. 2014-07. Passed 9-16-14.)

      (18)   Banks, including drive-in facilities.

      (19)   Restaurants, including fast food and drive-ins.

      (20)   Taverns.

      (21)   Airport or landing strips. (Ord. 1987-05. Passed 8-4-87.)

      (22)   Mobile food vendors. (Ord. 2010-06. Passed 8-3-06.)

      (23)   Other manufacturing, processing, or storage uses determined by the Board of Appeals to be of the same general character as the permitted uses previously listed and found not to be obnoxious, unhealthful, or offensive by reason of the potential emission or transmission of noise, vibration, smoke, dust, odors, toxic, or noxious matter, or glare or heat. In this regard, the Board of Appeals may seek expert advice on what conditions should be imposed on a particular operation to carry out the purposes of this zone; the cost of such expert assistance shall be borne by the applicant.

   41Special uses shall comply with all pertinent development standards contained in Chapter 1163.

   (a)   Lot Requirements.

 

   (b)   Yard Requirements.

 

 

   (c)   Structural Requirements.

      Maximum building height   45 feet

   (d)   Parking and Loading Requirements. See Chapter 1159 for off-street parking and loading requirements.

   (e)   Signs. See Chapter 1161 for signs and location of permitted signs.

   (f)   Supplementary Regulations. Site plan approval required. A site plan shall be submitted to the Planning Commission for approval. Such site plan shall graphically include the location and dimensions of vehicular entrances, exits, internal circulation pattern, off-street parking and loading facilities, building locations and dimensions, storage facilities, landscaping and screening facilities.

(Ord. 1987-05. Passed 8-4-87.)

   (g)   Sexually Oriented Business Development Regulations.

      (1)   No sexually oriented business shall be established within 700 feet of any area zoned as a residential district or zoned for residential use.

      (2)   No sexually oriented business shall be established within a radius of 700 feet of any nursery school, kindergarten, day care, compulsory school, or library, whether public or private, governmental, religious or commercial, which nursery school, kindergarten, day care, compulsory school, or library is attended by persons under eighteen years of age.

      (3)   No sexually oriented business shall be established within 700 feet of any public park or public recreation facility.

      (4)   No sexually oriented business shall be established within a radius of 700 feet of any other sexually oriented business or a 700-foot radius of any two of the following establishments:

         A.   Establishments for the sale of beer or intoxicating liquor for consumption on the premises.

         B.   Pawn shops.

         C.   Pool or billiard halls.

         D.   Pinball palaces, halls, or arcades.

         E.   Dance halls or discotheques.

      (5)   No sexually oriented business shall be established within 700 feet of any church.

      (6)   No sexually oriented business shall be located within 3,000 feet of the right of way of Interstate 70.

      (7)   Advertisements, displays or other promotional materials posted or displayed at a sexually oriented business shall not be shown or exhibited so as to be visible to the public from pedestrian sidewalks or walkways, or from any other public areas.

      (8)   All building openings, entries, doorways, windows and the like, at any sexually oriented business shall be located, covered or screened in such manner as to prevent any view into the interior of any sexually oriented business from the exterior of the structure or any public area.

      (9)   No screens, loudspeakers or sound equipment shall be used by a sexually oriented business that can be seen or discerned by the public from any public area.

      (10)   Site plan approval required. A site plan shall be submitted to the Planning Commission for approval. Such site plan shall be drawn to scale and shall graphically demonstrate compliance with the location requirements set forth herein, and compliance with all setback, landscaping, screening, parking, loading, signage, yard and structural requirements of the I-2, General Industrial District. The Planning Commission shall grant approval or denial of the site plan based only on the non-discretionary technical requirements set forth in Section 1145.03(a)-(f), except as modified by Section 1145.03(g) herein. The Planning Commission shall render its decision on whether to approve or deny a site plan for a sexually oriented business within forty-five days of submission of the site plan. Failure of the Planning Commission to render approval or denial of a submitted site plan for a sexually oriented business within the forty-five day review period shall result in the submitted site plan automatically being approved and issuance of a zoning permit. This subsection (g)(10) shall apply only to site plan approvals for sexually oriented businesses.

      (11)   Whether the location of a sexually oriented business satisfies the criteria of this subsection (g) shall be determined by measuring the straight-line distance, without regard for intervening structures, from the closest exterior structural wall or section of wall enclosing the sexually oriented business to the nearest property line of the other use in question and in the case of Interstate 70, the nearest right of way line to the sexually oriented business.

         (Ord. 2005-09. Passed 11-15-05.)

   This zone is established for the following purposes: 1) to protect undeveloped land located outside the present limits of urban services from indiscriminate development until urban services can be extended, enabling growth to be preplanned in a coordinated and efficient manner, 2) to extend protection from urban encroachment to active agricultural enterprises and areas particularly suitable for open space and recreational use until required for urban expansion needs or public acquisition in the case of those areas possessing distinctive geologic and/or scenic values.

   (a)   Permitted Uses.

      (1)   Agricultural activities (excluding animal sales lots and feed lots).

      (2)   Residences of farm workers incidental and necessary to agricultural operations conducted on the same parcel of land on which said residences are located.

      (3)   One-family dwellings.

      (4)   Hunting preserves.

      (5)   Wildlife refuges and game preserves.

      (6)   Accessory buildings incidental to the principal use which do not include any activity conducted as a business.47

   47Regulations governing accessory facilities and uses are specified in Chapter 1157.

   (b)   Special Uses. The following special uses are subject to review in accordance with Chapter 1163.

      (1)   Home occupations.

      (2)   Cemeteries.

      (3)   Homesites less than ten (10) acres but not less than one (1) acre.

      (4)   Churches and other buildings for the purpose of religious worship.

      (5)   Governmentally owned and/or operated buildings or facilities.

      (6)   Sanitary landfill sites.

      (7)   Soil removal, sand and gravel extraction operations.

      (8)   Kennels.

      (9)   Outdoor advertising billboards.

      (10)   Governmentally owned and/or operated parks, playgrounds.

      (11)   Recreational uses other than those governmentally owned and/or operated such as: swimming pools, outdoor rifle and skeet shooting ranges, camp and retreats, and riding facilities.

   (a)   Lot Requirements.

 

 

   (b)   Yard Requirements.

 

 

   (c)   Structural Requirements.

         Maximum building height   35 feet

   (d)   Parking Requirements. See Chapter 1159 for off-street parking requirements.

   (e)   Signs. See Chapter 1161 for size and location of permitted signs.

   (a)    The purpose of the Flood Plain District is to prevent the loss of property and life, to prevent the creation of health and safety hazards, to prevent the disruption of commerce and governmental services, to prevent the extraordinary and unnecessary expenditure of public funds for flood protection and relief, and to prevent the impairment of the tax base by:

      (1)   Regulating uses, activities, and developments which, acting alone or in combination with other existing or future uses, activities, and developments, which cause unacceptable increases in flood heights, velocities and frequencies;

      (2)   Restricting or prohibiting certain uses, activities, and developments from locating within areas subject to flooding;

      (3)   Requiring all those uses, activities, and developments that occur in flood-prone areas to be protected and/or floodproofed against flooding and flood damage; and

      (4)   Protecting individuals from buying lands and structures which are unsuited for intended purposes because of flood hazards.

   (b)   The degree of flood protection required by this Ordinance is considered reasonable for regulatory purposes and is based upon information provided by the Miami Conservancy District, HUD Flood Insurance Program guidelines, and Model Flood Plan Regulations proposed by the Ohio Department of Natural Resources. The HUD Flood Insurance Study with accompanying maps and any revisions and additions thereto, is adopted by reference and declared to be a part of this Ordinance. Where detailed studies of the flood plain have not been made available within the Flood Insurance Study, the following sources of data may be used to determine the necessary elevations for the purposes of this Ordinance.

      (1)   Information available from the Miami Conservancy District.

      (2)   Corps of Engineers-Flood Plain Information Reports.

      (3)   U.S. Geological Survey-Flood Prone Quadrangles.

      (4)   U.S.D.A. Soil Conservation Service-Flood Hazard.

      (5)   Analyses Studies and County Soil Surveys (Alluvial Soils).

      (6)   Ohio Department of Natural Resources-Flood Hazard Reports and Flood Profile Charts.

      (7)   Known high-water marks from past floods.

      (8)   Other sources acceptable to the Planning Commission.

   This Ordinance does not imply that areas outside of the Flood Plain District as designated on the Official Zoning District Map or land uses permitted within such district will be fee from flooding damages. This Ordinance shall not create liability on the part of the Municipality of Brookville or any official or employee thereof for any flood damages that result from reliance upon this Ordinance.

   (a)   Permitted Principal Uses. The following open space uses shall be permitted provided that they do not require the open storage of materials and equipment, or any fill material or permanent structures which project above the existing ground elevation, except as provided for under special uses in this section.

      (1)   Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, viticulture, truck farming, forestry, sod farming, and wild crop harvesting. Such activity shall not include the spreading, accumulation, feeding, or use of garbage in any manner on the open surface of the ground. Such agricultural uses shall only be permitted within areas bordered generally by land areas within the CD-Conservation District.

      (2)   Private and public outdoor recreational activities, including such uses as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat and canoe launching ramps, swimming areas, parks, hunting areas, fishing areas, hiking trails, horseback riding trails and open amphitheaters.

      (3)   Residential open space uses such as lawns, gardens, woodlands, and play areas.

      (4)   Plant material nurseries.

      (5)   Public uses which are supported in whole or in part by taxes or special public assessments, the location of which has been fixed by studies. Such uses include, but are not limited to: parks; playgrounds; water treatment, pumping, and storage facilities; and other essential services.

   (b)   Permitted Accessory Uses.

      (1)   Accessory off-street parking and loading spaces as regulated in Chapter 1157.

      (2)   Accessory signs as regulated in Chapter 1161, provided that they do not impair the efficiency or the capacity of the flood plain to store and discharge flood waters.

      (3)   Accessory fences as regulated in Chapter 1157 provided that they do not impair the efficiency or the capacity of the flood plain to store and discharge flood waters.

      (4)   Other uses customarily incidental to the above permitted principal uses, provided that they do not require structures, fill, or the storage of materials and equipment.

   (c)   Special Uses. It is recognized that there are areas within the Floodplain District that are suitable for certain specific uses. These areas are generally located outside the floodway in areas known as the Flood Fringe. In this regard, the following uses may be permitted provided they meet the requirements set forth both in this Section and Chapter 1163 of this Ordinance.

      (1)   All structures associated with permitted uses as identified in this section. Such structures shall be constructed on fill so that the first floor and basement floor are above the regional flood protection elevation. The fill shall be at a point no lower than 1.5 feet above the regional flood protection elevation for the particular area and shall extend at such elevation at least fifteen (15) feet beyond the limits of any structure or building erected thereon. However, no use shall be constructed which will adversely affect the capacity of channels or floodways of any tributary to the mainstream, drainage ditch or any other drainage facility or system, as determined by the Brookville Planning Commission in conjunction with a recognized water management and flood control authority.

      (2)   Mineral extraction operations.

      (3)   Industrial or commercial uses such as loading areas and parking areas, where adjacent to permitted uses not in the floodplain.

      (4)   Circuses, carnivals, and similar transient amusement enterprises.

   No structure (temporary or permanent), fill (including fill for roads and levees), deposit, obstruction, storage of materials or equipment, or other use shall be allowed as a special use which, acting alone or in combination with existing or future uses, unduly affects the capacity of the floodway or unduly increases flood heights. Consideration of the effects of a proposed use shall be based on a reasonable assumption that there will be an equal degree of encroachment extending for a significant reach on both sides of the stream. In addition, all special uses shall be subject to the requirements of Chapter 1163 and Section 1149.04.

   (a)   Fill.

      (1)   Any fill proposed to be deposited in the floodway must be shown to have some beneficial purpose and the amount thereof not greater than is necessary to achieve that purpose, as demonstrated by a plan submitted by the owner showing the uses to which the filled land will be put and the final dimensions of the proposed fill or other materials.

      (2)   Such fill or other materials shall be protected against erosion by rip-rap, vegetative cover or bulkheading.

   (b)   Structures (Temporary or Permanent) in the Floodway.

      (1)   Structures designed for human habitation shall not be permitted in the floodway.

      (2)   Structures shall have a low flood damage potential.

      (3)   The structure or structures, if permitted, shall be constructed and placed on the building site so as to offer the minimum obstructions to the flow of the floodwater.

         A.   Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of floodflow, and

         B.   So far as practicable, structures shall be placed approximately on the same floodflow lines as those of adjoining structures.

      (4)   Structures shall be firmly anchored to prevent flotation which may result in damage to other structures, restriction of bridge openings and other narrow sections of the stream or river.

      (5)   Service facilities such as electrical and heating equipment shall be constructed at or above the regional flood protection elevation for the particular area or floodproofed.

   (c)   Storage of Materials and Equipment.

      (1)   The storage or processing of materials that are in time of flooding buoyant, flammable, explosive or could be injurious to human, animal, or plant life is prohibited.

      (2)   Storage of other material or equipment may be allowed if not subject to major damage by floods and firmly anchored to prevent flotation or readily removable from the area within the time available after a flood warning.

   In addition to the requirements of Chapter 1163, the applicant shall furnish such of the following information as is deemed necessary by the Planning Commission for determining the suitability of the particular site for the proposed use.

   (a)   Plans in triplicate drawn to scale showing the nature, location, dimensions and elevation of the lot, existing or proposed structures, fill, storage of materials, floodproofing measures, and the relationship of the above to the location of the channel.

   (b)   A typical valley cross-section showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross-sectional areas to be occupied by the proposed development, and high water information.

   (c)   Plan (surface view) showing elevations or contours of the ground; pertinent structures, fill, or storage elevations; size, location and spatial arrangement of all proposed and existing structures on the site; location and elevations of streets, water supply, sanitary facilities, photographs showing existing land uses and vegetation upstream and downstream, soil types and other pertinent information.

   (d)   Profile showing the slope of the bottom of the channel or flow line of the stream.

   (e)   Specifications for building construction and materials, floodproofing, filling, dredging, grading, channel improvement, storage of materials, water supply and sanitary facilities.

   The Planning Commission may transmit one copy of this information described in this Section to a designated Registered Engineer or other recognized water management and flood control authority for technical assistance in determining whether the proposed use is located in the Floodway or Floodway Fringe; in determining the regional flood protection elevation; and in evaluating the proposed project in relation to flood heights and velocities, the seriousness of flood damage to the use, the adequacy of the plans for protection and other technical matters.

   In acting upon such application, the Planning Commission shall consider all relevant factors specified within this Section; and

   (a)   The danger to life and property due to increased flood heights or velocities caused by encroachments.

   (b)   The danger that materials may be swept onto other lands or downstream to the injuring of others.

   (c)   The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions.

   (d)   The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.

   (e)   The importance of the services provided by the proposed facility to the community.

   (f)   The requirements of the facility for a waterfront location.

   (g)   The availability of alternative locations not subject to flooding for the proposed use.

   (h)   The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.

   (i)   The relationship of the proposed use to the Comprehensive Plan and Floodplain Management Program for the area.

   (j)   The safety of access to the property in times of flood for ordinary and emergency vehicles.

   (k)   The expected heights, velocity, duration, rate of use and sediment transport of the floodwaters expected at the site.

   (l)   Such other factors which are relevant to the purposes of this Section.

   Upon consideration of the factors listed above and the purposes of this Section, the Planning Commission may attach such conditions to the granting of a special use permit as it deems necessary to further the purposes of flood plain protection.

   (a)   Modification of waste disposal and water supply facilities.

   (b)   Limitations on periods of use and operation.

   (c)   Imposition of operational controls, sureties and deed restrictions.

   (d)   Requirements for construction of channel modification, dikes, levees and other protective measures.

   (e)   Floodproofing measures. Floodproofing measures such as the following shall be designed consistent with the regional flood protection elevation for the particular area, flood velocities, durations, rate of rise, hydrostatic and hydrodynamic forces, and other factors associated with the regional flood. The Planning Commission shall require that the applicant submit a plan or document certified by a registered professional engineer that the floodproofing measures are consistent with the regional flood protection elevation and associated flood factors for the particular area. The following floodproofing measures may be required without limitation because of specific enumeration:

      (1)   Anchorage to resist flotation and lateral movement.

      (2)   Installation of watertight doors, bulkheads, and shutters, or similar methods of construction.

      (3)   Reinforcement of walls to resist water pressures.

      (4)   Use of paints, membranes, or mortars to reduce seepage of water through wells.

      (5)   Addition of mass or weight to structure to resist flotation.

      (6)   Installation of pumps to lower water levels in structures.

      (7)   Construction of water supply and waste treatment systems so as to prevent the entrance of floodwaters.

      (8)   Pumping facilities or comparable practices for subsurface drainage systems for buildings to relieve external foundation wall and basement flood pressures.

      (9)   Construction to resist rupture or collapse caused by water pressure or floating debris.

      (10)   Installation of valves or controls on sanitary and storm drains which will permit the drains to be closed to prevent backup of sewage and storm water into the buildings or structures. Gravity drainage of basements may be eliminated by mechanical devices.

      (11)   Location of any structural storage facilities for chemicals, explosives, buoyant materials, flammable liquids or other toxic materials which could be hazardous to public health, safety, and welfare in a matter which will assure that the facilities are situated at elevations above the height associated with the regional flood protection elevation.

   Planned Development Districts may be permitted as amendments to the Zoning Map, after application and approval of specific and detailed plans, where tracts suitable in location and character for the uses and structures proposed are to be planned and developed as units. Regulations set forth herein are adapted to unified planning and development in such districts. Applications for Planned Developments will be granted only when the Development Plan for the project is such that the public health, safety and welfare will not be jeopardized by a departure from the restrictions on corresponding uses in the standard zoning district.

   Types of planned developments include PR Planned Residential District, PMH Planned Mobile Home Residential District, PRV Planned Recreational Vehicles Park District, PC Planned Commercial District and PI Planned Industrial District. Use groupings within each district shall be governed by the requirements specified for each respective district discussed within Chapters 1121 to 1143.

   The Brookville Planning Commission shall not approve a request for a Planned Development unless it shall, in each specific case, make specific findings of facts directly based upon the particular evidence presented to it, which supports conclusions that:

   (a)   The Planned Development can be substantially completed within the period of time specified in the schedule of development submitted by the developer.

   (b)   The site will be accessible from public roads that are adequate to carry the traffic that will be imposed upon them by the proposed development and the streets and driveways on the site of the proposed development will be adequate to serve the residents or occupants of the proposed development.

   (c)   The development will not impose an undue burden on public services and facilities, such as utilities, fire, and police protection.

   (d)   The Development Plan contains such proposed covenants, easements, and other provisions relating to the proposed development standards, as would reasonably be required for the public health, safety and welfare.

   (e)   The location and arrangement of structures, parking areas, walks, lighting, and appurtenant facilities shall be compatible with the surrounding land uses, and any part of a Planned Development not used for structures, parking and loading areas, or accessways, shall be landscaped or otherwise improved.

   (f)   Natural features such as water courses, trees, and rock outcrops will be preserved, to the degree possible, so that they can enhance the overall design of the Planned Development.

   (g)   The layout must be designed to take advantage of the existing land contours in order to provide satisfactory road gradients and suitable building lots and to facilitate the provision of proposed services.

   (h)   In any development which is primarily designed for or occupied by dwellings, all electric and telephone facilities, street light wiring, and other wiring conduits and similar facilities shall be placed underground by the developer; unless waived by the Planning Commission because of technical reasons.

   (a)   Preapplication Conference. Prior to filing a formal application for approval of a Planned Development, the developer shall request a preapplication conference with the Brookville Planning Commission. The purpose of such conference is to allow the developer to present a general concept of his proposed development prior to the preparation of detailed plans. For this purpose, the presentation shall include, but not be limited to, the following:

      (1)   Written "letter of intent" from the developer establishing his intentions as to development of the land.

      (2)   Topographic survey and location map.

      (3)   Sketch plans and ideas regarding water supply, sewage disposal, surface drainage, and street improvements.

   The Planning Commission shall advise the developer of the zoning requirements and Municipal Plan which might effect the proposed development as well as the procedural steps for approval.

   (b)   Preliminary Plan. The preliminary plans of the Planned Development shall be filed with the Zoning Inspector, who shall in turn forward copies to the Planning Commission for consideration. The required procedure for consideration and approval of the preliminary plan shall be:

      (1)   Submission of the following:

         A.   Written application for approval of a Planned Development shall be made on forms and in the manner prescribed by the Municipality.

         B.   The application shall be accompanied by a fee consistent with the prevailing fee structure established by the Municipality of Brookville.

      (2)   The Planning Commission shall study material received and confer with other agencies of government as appropriate in the case to determine general acceptability of the proposal as submitted. In the course of such preliminary consideration, the Planning Commission may request, and the applicant shall supply, additional material needed to make specific determinations.

      (3)   Following such study, the Planning Commission or its staff shall hold a conference or conferences with the applicant to discuss desirable changes in the first or succeeding drafts of the preliminary development plan and report.

      (4)   Recommendations of the Planning Commission to the applicant shall be in writing, and following any such conference, agreements between the applicant and the Planning Commission as to changes in the preliminary plan and report or other matters to be recorded and acknowledged by the Planning Commission and the applicant. On items on which no agreement is reached, or there is specific disagreement, this fact shall be recorded and the applicant may place in the record his reasons for any disagreement.

      (5)   When the preliminary development plan and report have been approved in principal (as a whole or with reservations specifically indicated) or when the applicant indicates in writing that no further negotiations with the Planning Commission are desired before proceeding, the Planning Commission shall schedule the proposed plan for a public hearing, following which it shall make its recommendations to Council. Such recommendations shall indicate approval, approval with specific reservations, or disapproval with reasons. With such recommendations, the Planning Commission shall transmit within sixty (60) days the latest draft of the preliminary plan and a report submitted by the applicant, a record of agreements reached, and matters on which there was no specific agreement, including any reasons recorded by the applicant for any such disagreement.

      (6)   Council shall schedule a public hearing for the preliminary plan and respective planned development zone designation after receiving the proposal from the Planning Commission. Within 60 days, the Council shall approve the proposal, approve subject to conditions, or deny the proposal. If approved, the area of land marked shall be redesignated PR Planned Residential District, PMH Planned Mobile Home Residential District, PVR Planned Residential Vehicle Park District, PC Planned Commercial District, PI Planned Industrial District and shall be used only in accordance with the uses and densities shown on the Planned Development Preliminary Plan.

   (c)   Final Plan. The Final Planned Development Plan shall conform substantially to the preliminary plan. If desired by the developer, it may be submitted in stages with each stage reflecting a portion of the approved preliminary plan which is proposed to be recorded and developed; provided, however, that such portion conforms to all requirements of these regulations. The required procedure for approval of a final plan shall be:

      (1)   The final plan and supporting data shall be filed with the Zoning Inspector who in turn forwards copies to the Planning Commission for certification that the final plan is in conformity with these regulations and in agreement with the approved preliminary plan.

      (2)   After review of the final plan and supporting data, the Planning Commission shall approve or disapprove the plan within 60 days after submittal by the developer. Disapproval of the final plan shall include a clear statement of the reasons therefore.

      (3)   The Planning Commission shall then forward the final plan together with their recommendations to the Council. The Council shall review the recommendations of the Planning Commission at the next regular meeting of the Council, and shall approve, approve subject to conditions, or deny the final application.

   (d)   Recording of Final Development Plan. After approval by the Council of the final plan, the Zoning Inspector shall see that all requirements of the Municipal Subdivision Regulation have been complied with before the Final Development Plan is presented to the Montgomery County Recorder for recording. The purpose of such recording is to designate with particularity the land subdivided into convenient lots as well as the dimension of other lands, not so treated, into common open areas, and to designate each building or structure, as well as the use of the land in general. No Final Development Plan within the corporate limits of Brookville shall be so recorded unless it shall have the approval of Council inscribed thereon.
(Ord. 1987-05. Passed 8-4-87.)

   (e)   Building Permit. No building permit shall be issued by the Zoning Inspector until the Final Development Plan has been approved and duly recorded and the Planning Commission has approved the detailed plans (described in Section 1151.04(c)).

   In Planned Development Overlay Districts, no building permit shall be issued by the Zoning Inspector until he has made the following determinations:

      (1)   The building design is an approved design for this planned development, or is a building design that has been added to the approved designs for this planned development pursuant to the procedure set forth in Section 1151.05(b). The Zoning Inspector may, in his discretion, issue a building permit for a building design with minor alterations from an approved design provided that the building will be compatible with other buildings within the planned development.

      (2)   The plot plan for the building complies with all applicable setback requirements and any other applicable requirements of this planned development.

      (3)   The building design will not violate Section 1151.15(f)(5) by use of the same building design proposed for this building permit as the building design on a lot that abuts the lot that is the site for this building permit, or any other required dispersal of building designs within the planned development as approved by the Planning Commission and City Council in the approval of the planned development under Section 1151.04.

      (4)   The decision of the Zoning Inspector to deny a building permit under this section shall be appealable to Planning Commission, and the Planning Commission shall hear said appeal at its next regularly scheduled meeting.

         (Ord. 2006-10. Passed 2-20-07.)

   (f)   The Zoning Inspector shall issue no certificate of occupancy until all utilities have been accepted by the Municipality in accordance with the Final Development Plan.

(Ord. 1987-05. Passed 8-4-87.)

   A Planned Development shall be developed only according to the approved and recorded final plan and supporting data together with all recorded amendments and shall be binding on the applicants, their successors, grantees and assigns and shall limit and control the use of premises (including the internal use of buildings and structures) and location of structures in the Planned Development as set forth therein.

   (a)   Major Changes. Changes which alter the concept or intent of the Planned Development including increases in the number of units per acre, change in location or amount of non-residential land uses, more than 15 percent modification in proportion of housing types, significant redesign of roadways, utilities or drainage, may be approved only by submission of a new preliminary plan and supporting data, and following the "preliminary approval" steps and subsequent amendment of the Final Planned Development Plan.

      (Ord. 1987-05. Passed 8-4-07.)

   (b)   Minor Changes. The Planning Commission may approve minor changes to the Planned Development which do not change the concept or intent of the development without going through the “preliminary approval” steps. Minor changes are defined as any change not defined as a major change. In Planned Development Overlay Districts, the addition of new building designs to a development or the amendment of previously approved building designs by the applicant shall be a minor change unless Planning Commission determines that the new designs are not compatible with the previously approved building designs.

      (Ord. 2006-10. Passed 2-20-07.)

   The Planning Commission shall consider the planned development subject to renovation if construction falls more than one (1) year behind the schedule filed with the final plan.

   No application for a planned development which has been denied wholly or in part by the Planning Commission and Council shall be resubmitted for a period of one year from the date of said order of denial, except on the grounds of new evidence or proof of change of conditions found to be valid by the Planning Commission and Council.

   In any case where a planned development has not been established (substantially underway) within one year from the date of granting thereof, then, without further action by the Planning Commission, the planned development authorization thereof shall be null and void.

   Any person, firm or corporation who violates, disobeys, omits, neglects, or refuses to comply with, or who resists the enforcement of any of the provisions of this article shall be deemed guilty of a misdemeanor and, on conviction thereof, shall be fined as specified in Section 1107.99.

   (a)   Policies Underlying Use of Zone. This district is intended to provide a good deal of flexibility in the arrangement and design of residential dwellings, based upon a unified development plan conceived and carried out for an entire area. Within this district, appropriate and reasonable population density is maintained while a variety of dwelling unit types is permitted. Natural features such as topography, trees and drainage ways are encouraged to remain in their natural state to the degree possible. Such developments are generally characterized by a significant proportion of usable open space, and unified design concept with particular attention devoted to the periphery of the development, with the objective being the compatibility of the development with its surroundings.

   (b)   Permitted Uses. Those uses included as permitted and accessory uses in R-1A through R-3 Residential Districts developed in a unified manner in accordance with the approved development plan.

   Convenience establishments have accessory uses which have been established as necessary for the proper development of the community and to be so located, designated and operated to serve primarily the needs of the persons within the Planned Development if specifically approved as part of the Planned Development Plan. Uses shall be generally limited to those uses permitted in the CB District, with no direct access or advertising signs for such uses to be visible from the exterior of the development.

   Such convenience establishments and their parking areas shall not occupy more than five (5) percent of the total area of the development.

   No separate building or structure designed or intended to be used, in whole or part, for business purposes within a Planned Residential Development shall be constructed prior to the construction of not less than thirty percent (30%) of the dwelling units proposed in the development plan.

   (c)   Area Requirements. The minimum land area required for a Planned Residential Development shall be five (5) acres. This area requirement may be varied at the discretion of the Planning Commission and Municipal Council if it can be demonstrated that a variance is necessary to achieve an improved site design and that surrounding neighborhoods and public facilities will not be adversely affected.

   (d)   Density Requirements. Any combination or cluster of housing units is permitted, provided that the average lot area per family or dwelling unit contained in the site, exclusive of the area of street rights-of-way, and commercial area, will not exceed the following net overall densities:

      (1)   Six (6) dwelling units per acre for single family residential developments.

      (2)   Eight (8) dwelling units per acre for developments containing a combination of single family and two family units.

      (3)   Twelve (12) dwelling units per acre for a development containing a combination of single family, two family and multi-family units.

      (4)   Fifteen (15) dwelling units per acre for multi-family residential developments.

   The above density requirements may be varied at the discretion of the Planning Commission and Municipal Council if it can be demonstrated that a variance is necessary to achieve an improved site design and that surrounding neighborhoods and public facilities will not be adversely affected.

   (e)   Site Design. All housing shall be sited to preserve privacy and to ensure natural light.

   Lot widths may be varied to permit a variety of structural designs. It is also recommended that setbacks be varied. Every housing unit should be situated to abut upon common open space or similar areas. A clustering of dwellings is encouraged.

   (f)   Structure Spacing. A minimum of fifteen (15) feet shall be maintained between unattached principal structures.

   (g)   Length. There shall be no continuous structure of apartments, attached dwellings, or townhouses containing more than the following respective maximum numbers of side by side dwelling units:

      (1)   Apartments - twelve (12) units.

      (2)   Attached dwellings other than townhouses - eight (8) units.

      (3)   Townhouses - six (6) units.

   (h)   Height The height of any residential structure within a planned unit development shall not exceed thirty five (35) feet, unless it can be demonstrated that an additional height is required, with provision of suitable open space to protect adjacent structures from adverse reduction of light and air.

   (i)   Setback and Screening. A setback of fifty feet shall be provided along the entire perimeter of the development and retained in natural woods or be suitably landscaped with grass and/or ground cover, shrubs and trees. Under appropriate circumstances, at the discretion of the Planning Commission and the Council, this setback may be reduced to a setback of not less than thirty feet, it being expressly understood that both the Planning Commission and Council must approve such reduction of the fifty foot setback to a setback not less than thirty feet. Projects located and adjacent to commercial or industrially zoned areas shall provide screening facilities comprising landscaping, walls or both which will provide suitable protection to the residential development as adjudged by the Planning Commission and Council. Screening facilities shall not obscure traffic visibility within fifty feet of an intersection.

(Ord. 1988-03. Passed 6-21-88.)

   (j)   Common Open Space. A minimum of twenty-five percent (25%) of the land in any planned residential development shall be reserved for permanent common open space and recreational facilities for the residents or users of the area being developed. Only areas having minimum dimensions of 50 feet by 100 feet shall qualify for computation as usable open spaces.

   (k)   Parking Requirements. See Chapter 1159 for off-street parking requirements.

   (l)   Signs. See Chapter 1161 for size and location of permitted signs.

   (a)   Policies Underlying Use of Zone. This district is intended to permit the development of Mobile Home Parks in association with other residential development types while maintaining a reasonable population density and by providing for the unique requirements for this type of development. The provisions of this district are established to assure that the site design and arrangement in relation to other areas together with the provision of associated facilities result in an attractive, orderly and efficient residential environment of sustained desirability in harmony with adjacent areas.

   (b)   Permitted Uses. Mobile Home Parks.

      (1)   Mobile homes (not self-propelled vehicles).

      (2)   Modular or sectional homes.

   (c)   Accessory Uses.

      (1)   Coin-operated laundry, laundry and dry cleaning pick-up stations for use of tenants only. No external sign of any nature whatsoever shall be permitted.

      (2)   Other accessory uses, buildings or structures customarily incidental to the aforesaid use.

      (3)   On-site mobile home sales: The sale of mobile homes within a mobile home park or subdivision shall be a special use having one year duration. Said use shall be reviewed at the end of the first year for possible extension for an additional year, in total representing a maximum two (2) year duration. Such sales areas shall be well screened from the residential section of the park or subdivision and shall be located at the periphery of the site. All signs used for advertising shall be unobtrusive to the surrounding property.

      (4)   Neighborhood commercial facilities; In mobile home parks fifty (50) acres or more, neighborhood commercial facilities such as markets, barbers, beauty shops, doctor's office, etc. may be planned in conjunction with a mobile home park but may not be physically occupied until the park is seventy-five percent (75%) occupied by residents.

   (d)   Minimum Floor Area. Individual mobile homes located within the PMH District shall have a minimum floor area of six hundred (600) square feet.

   (e)   Area Requirements. Each mobile home park shall have a minimum gross site area of 10 acres.

   (f)   Density Requirements. Gross density for a mobile home park shall not exceed seven (7) dwelling units per acre.

   (g)   Utilities.

      (1)   Public utilities: Each mobile home park shall be served by public water and sewer systems.

      (2)   Underground utilities: In each mobile home park, all wires, cables, and lines providing telecommunication, including cable television, and electric utility services and connections of such utility systems to buildings and light poles in such parks, shall be located underground.

      (3)   Mobile home parks shall meet the requirements of the Ohio Sanitary Code adopted by the Public Health Council under the authority of Ohio Revised Code.

   (h)   Streets and Pedestrian Ways.

      (1)   Access: Each mobile home park shall have direct access to a principal County, Township, Municipality, or State highway or arterial street or road.

      (2)   Streets:

         A.   Streets should be adapted to the topography and should have suitable alignment and gradient for traffic safety, satisfactory surface and groundwater drainage, and proper functioning of sanitary and storm sewer systems.

         B.   Flexible pavement: The required base should be a minimum of eight (8) inches thick and composed of crushed stone, gravel, or other appropriate durable material compacted to the practical maximum density. The wearing surface should be bituminous concrete a minimum of one and one-half (1½) inches thick compacted to the maximum practical density.

         C.   Rigid pavement: Where Portland cement concrete is used, it should not be less than five (5) inches thick on a prepared sub-grade constructed in accordance with accepted practices, with expansion joints where driveways and walks abut each other or the curb.

         D.   The minimum pavement width of interior one-way streets with parking permitted on one side shall be twenty (20) feet.

The minimum width of two-way streets with parking permitted on one side shall be thirty (30) feet. The minimum width of two-way streets without parking permitted shall be twenty (20) feet.

   (i)   Landscaping. In all mobile home parks, the following landscape provisions shall apply:

      (1)   Along each property line, and within the fifty (50) foot setback area, there shall be provided screen fencing, landscape planting or a landscaped berm or a combination thereof which shall be so designed or planted as to be twenty-five percent (25%) or more opaque when viewed horizontally between two (2) feet and (8) feet above average ground level.

      (2)   Trees of at least one (1) inch caliber shall be installed on both sides of all streets within the mobile home park at a spacing of fifty (50) feet between trees.

   (j)   Setback Requirements. The following setback requirements for all mobile homes located in a mobile home park shall apply:

      (1)   From all perimeter lot lines - 50 feet.

      (2)   From any mobile home located in the mobile home park - 15 feet.

      (3)   From any community building - 50 feet.

      (4)   From any public or private street located within the park - 15 feet.

   (k)   Required Open Space. A minimum of ten (10) percent of the gross site area shall be set aside and reserved for usable open space. Said open space shall be in one or more parcels, not less than one (1) acre each. The minimum dimension of said open space shall be two hundred (200) feet in any direction. For the purposes of this section, "usable open space" shall be construed to mean parks, common open areas, and areas containing a combination of community service buildings (clubhouses, swimming pools, etc.) and outdoor recreation areas.

   (l)   Parking Requirements. Two paved, off-street parking spaces having a minimum area of 200 square feet shall be provided for each mobile home site. Said parking space shall be located either on the mobile home site, behind the front setback area, or in a common parking area within the mobile home park.

   (m)   Signs. Signs within the mobile home development shall be limited to a name plate attached to each mobile home, which is no larger than one (1) square foot, directional signs indicating the location of utility buildings, including management office, parking areas and common recreation areas, and traffic control signs.

   (n)   Miscellaneous Requirements.

      (1)   Lighting: Appropriate lighting shall be provided along all interior roadways, and walkways. All lights shall be so positioned and shaded to avoid a glare on adjoining properties.

      (2)   Drainage: Each mobile home space shall be so constructed to provide adequate storm water drainage from ramps, patios, and all walls and foundations of the mobile home to the roadway.

      (3)   Fuel supply: Where fuel is stored in outdoor storage tanks, they shall be supported by a concrete base and screened from view of surrounding mobile home spaces and the street.

      (4)   Enclosed undercarriage: All mobile homes located in mobile home parks shall be enclosed from the bottom of the structure to the ground.

      (5)   Refuse containers: All refuse containers shall be screened from view of surrounding mobile homes spaces and the street.

   (a)   Policies Underlying Use of Zone. This district is intended to permit the development of Recreational Vehicle Parks within suitable locations of the Municipality. The provisions of this district are established to assure that the site design and supporting services are properly planned and constructed to result in a development which will sustain the health and safety of its patrons as well as harmonious with its adjacent environment.

   (b)   Permitted Uses.

      (1)   Travel trailers.

      (2)   Motor homes.

      (3)   Camping trailers.

      (4)   Pick-up coaches.

      (5)   Other vehicular accommodations used for travel, vacation and recreational purposes.

      (6)   Tents.

   (c)   Accessory Uses.

      (1)   Management headquarters, recreational facilities, toilets, dumping stations, showers, coin-operated laundry facilities, and other uses and structures customarily incidental to operation of a recreational vehicle park and campground.

      (2)   Stores, restaurants, beauty parlors, barber shops, and other convenience establishments in developments of fifty (50) acres or more, subject to the following restrictions:

         A.   Such establishments and the parking areas primarily related to their operations shall not occupy more than ten percent (10%) of the area of the park.

         B.   Such establishments shall be restricted in their use to occupants of the park.

         C.   Such establishments shall present no visible evidence of their commercial character which would attract customers other than occupants of the park.

   (d)   Site Characteristics.

      (1)   Minimum area shall be twenty-five (25) acres.

      (2)   Site conditions. Proposed RV parks shall be located in such areas within which the condition of soil, groundwater level, drainage, and/or topography shall not create hazards to the property or the health or safety of the occupants. The site shall not be exposed to objectionable smoke, noise, odors, or other adverse influences, and no portion subject to unpredictable and/or sudden flooding, or erosion shall be used for any purpose which would expose persons or property to hazards.

      (3)   Location and access. RV parks shall be so located that no entrance or exit from a park shall discharge traffic into any residential district nor require movement of traffic from the park through a residential district. An RV park shall have a minimum of one hundred fifty (150) feet of frontage on a public street.

   (e)   Developmental Standards.

      (1)   Density. RV parks shall contain no more than twenty (20) campsites per acre for rental facilities and twelve (12) campsites per acre for own-your-own facilities.

      (2)   Campsite size. Each campsite shall contain no less than 1500 square feet for rental facilities and 3600 square feet for own-your own facilities.

      (3)   Required separation between RVs. RVs shall be separated from each other and from other structures by at least fifteen (15) feet. Any accessory structure such as attached awnings, carports, or individual storage facilities shall, for purposes of this separation requirement, be considered to be part of the RV.

      (4)   Campsite construction. Each campsite shall contain a stabilized vehicular parking pad of gravel, paving, or other suitable material. No part of a RV or other unit placed on a campsite shall be closer than five (5) feet to a campsite line.

      (5)   Recreation facilities. A minimum of twenty (20) percent of the gross site area shall be set aside and utilized as common use areas for open or enclosed recreation facilities. No campsite, required buffer strip, street right-of-way, storage area, or utility site shall be counted as meeting recreational purposes.

      (6)   Perimeter yard and screening requirements. Each RV park shall set aside along the perimeter of the district the following areas which shall be landscaped and used for no other purpose:

         A.   Minimum campground front setback - twenty-five (25) feet except when park fronts on a state highway; then the minimum shall be fifty (50) feet.

         B.   Minimum side setback - when abutting residential districts, the side setback shall be fifty (50) feet; when abutting a dedicated public right-of-way, the side setback shall be twenty-five (25) feet on the side street; when abutting any other zone district, the side setback shall be fifteen (15) feet along the interior lot line. These setbacks are minimum and are subject to review for each individual proposal.

         C.   Minimum rear setback - fifteen (15) feet except when the rear yard abuts a dedicated public right-of-way, the minimum shall be twenty-five (25) feet. If the rear yard abuts a residential district, the minimum rear setback shall be fifty (50) feet. These setbacks are minimum and are subject to review for each individual proposal.

         D.   Screening - where needed to enhance aesthetics or to insure public welfare, the RV park shall be enclosed by a fence, wall, landscape screening, earth mounds, or by other designs approved by the Planning Commission which will compliment the landscape and assure compatibility with the adjacent environment.

         E.   Fencing - between the campground and any private property a non-climbable fence at least six (6) feet tall shall be constructed.

      (7)   Parking requirements. There shall be at least three (3) off-street parking spaces designated in the park for each two (2) campsites. Off-street parking may be provided in common parking areas or on individual campsites.

      (8)   Street requirements. Streets in RV parks shall be private, but shall be constructed with a stabilized travelway (gravel, paving, or other suitable material) and shall meet the following minimum stabilized travelway width requirements:

         A.   One way, no parking - 11 feet.

         B.   One way with parking on one side or two way with no parking - 18 feet.

         C.   Two way with parking on one side - 27 feet.

         D.   Two way with parking on both sides - 34 feet.

      (9)   Access requirements.

         A.   Entrances and exits to RV parks shall be designed for safe and convenient movement of traffic into and out of the park and to minimize marginal friction with free movement of traffic in adjacent streets. All traffic into and out of the park shall be through such entrances and exits. No entrance or exit shall require a turn at an acute angle for vehicles moving in the direction intended, and radii of curbs and pavements at intersections shall be such as to facilitate easy turning movements for vehicles with trailers attached. No material impediment to visibility shall be created or maintained which obscures the view of an approaching driver in the right lane of the road within 100 feet where the speed limit is 45 miles per hour or 150 feet, where the speed limit exceeds 45 miles per hour, of any portion of the approach lane of the access way within 25 feet of its intersection with the right hand lane of the street.

         B.   Entrance driveways shall be located not closer than 150 feet from the intersection of public streets.

      (10)   Drainage requirements. Surface drainage plans for the entire tract shall be reviewed by the Municipal Engineer who shall determine whether the proposed plan is compatible with the surrounding existing drainage plan, prior to issuance of final site plan approval and development permits. No such permit shall be issued in such instances where the Municipal Engineer finds the plan to be incompatible with surrounding areas.

      (11)   Soil and ground cover. Exposed ground surface in all parts of the RV park shall be paved, or covered with stone screenings, or other solid materials, or protected with a vegetative growth that is capable of preventing soil erosion and of eliminating objectionable dust.

   (f)   Utilities and Public Services.

      (1)   Water supply.

         A.   The water supply shall be designed, constructed, and maintained in compliance with Ohio Environmental Protection Agency regulations and recommendations to provide a safe, potable, and adequate supply of water.

         B.   The water supply shall deliver the following minimum volumes:

            1.   100 gallons per day per campsite with individual water connections and where flush toilets are used in the camping vehicle or in the service building.

            2.   75 gallons per day per campsite where faucets are provided in common and centralized flush toilets in a service building are used.

            3.   50 gallons per day per campsite where faucets are provided in common and privies are used.

            4.   25 gallons per day per picnic site or five gallons per person per day in recreational areas with common faucets and flush toilets.

            5.   Three gallons of water per person per day in a picnic or recreational area with common faucets and privies.

         C.   Water service lines, riser pipes, and valves shall be installed and protected from damage by freezing, ground movement, vehicles, or other damage sources. Shut-off valves and drain valves, installed for draining the system, and the water service distribution lines shall be so arranged that water will be available to those campsites being occupied during low temperature winter periods. Underground waste valves are not permitted and shall not be installed on any water service.

      (2)   Sewage disposal.

         A.   Facilities shall be provided and properly maintained for the collection and disposal or treatment and disposal of sewage in compliance with Ohio Environmental Protection Agency regulations and recommendations.

         B.   Where a public sewer system is available, all plumbing fixtures, building sewers, and campground sewers shall be connected thereto. If a public sewer system is not available, a private sewage collection and disposal facility meeting requirements of the Ohio Environmental Protection Agency, the Montgomery County Health Department, and other applicable local government sewage disposal requirements shall be installed and all building sewers and campground sewers connected thereto.

         C.   Solid and liquid wastes shall not be discharged or otherwise disposed of on the surface of the ground or into any well, open ditch, stream, lake, or reservoir.

      (3)   Refuse disposal.

         A.   The storage, collection and disposal of refuse shall be performed so as to minimize accidents, fire hazards, air pollution, odors, insects, rodents, or other nuisance conditions.

         B.   Durable, watertight, easily cleanable refuse containers, sufficient to contain all the refuse, shall be provided at each service building and sanitary waste station, or at a central storage area readily accessible and located not more than 300 feet from any camp or picnic site unless provided at the campsite. Refuse containers shall be provided at the rate of eight cubic feet (60 gallons) for each five campsites or the equivalent thereof if containers are provided at individual sites.

         C.   Unless refuse is collected daily, the containers shall be covered with close-fitting, fly-tight covers.

         D.   Refuse shall be collected and removed from the premises as often as necessary, but not less than once weekly during the campground occupancy, and disposed of at a lawful disposal site.

      (4)   Safety.

         A.   All electrical wiring, equipment, and appurtenances shall be installed and maintained in accordance with provisions of the current edition of the National Electrical Code.

         B.   Liquid petroleum gas, fuel oil, gasoline, and other flammable liquids shall be handled and used in a safe manner and shall not be stored inside or beneath any camping vehicle or within five feet of a door of a camping vehicle.

         C.   The grounds, buildings, and related facilities shall be constructed, maintained, and used in accordance with applicable local and state fire prevention regulations.

   (a)   Policies Underlying Use of Zone. This district is provided in recognition that many commercial establishments seek to develop within unified commercial areas, usually under single ownership and control, and typically called "shopping centers". Within the premises of the zone, such centers would have all necessary services and facilities comprehensively provided in accordance with an approved development plan. Provisions of this zone are formulated to achieve harmoniously designated structures upon a well landscaped site, achieving a high degree of pedestrian-vehicular separation, all of which would be compatible with surrounding land uses.

   (b)   Permitted Uses. Those uses included as permitted and accessory uses in OR, CB, CCD, HS and GB Business Districts.

   (c)   Arrangement of Commercial Uses. Commercial buildings and establishments shall be planned as groups having common parking areas and common ingress and egress points in order to reduce the number of potential accident locations at intersections with thoroughfares.

   The plan of the project shall provide for the integrated and harmonious design of buildings, and for adequate and properly arranged facilities for internal traffic circulation, landscaping, and such other features and facilities as may be necessary to make the project attractive and efficient from the standpoint of the adjoining and surrounding existing or potential developments.

   (d)   Area Requirements. The minimum land area for a Planned Commercial Development should be two (2) acres.

   (e)   Structure Spacing. A setback of fifty (50) feet shall be provided along the entire perimeter of the development, except where it adjoins a Business or Industrial District in which case setback and screening requirements shall be at the discretion of the Planning Commission. Where situated adjacent to a residentially zoned area, a minimum of twenty (20) feet along the exterior property line shall be planted with an evergreen hedge or dense planting of evergreen shrubs not less than four (4) feet in height at the time of planting. Screening facilities shall not obscure traffic visibility within (50) feet of an intersection.

   Vehicular access through such landscaped strip when adjacent to residential areas shall be permitted only for convenience of residents of adjoining residential areas, and not for use by the general public.

   (f)   Parking and Loading Requirements. See Chapter 1159.

   (g)   Signs. See Chapter 1161 for size and location of permitted signs.

   (a)   Policies Underlying Use of Zone. The provisions of this district are provided in recognition that many industrial establishments seek to develop within unified industrial areas having all necessary services and facilities comprehensively provided in accordance with a predetermined development plan. As in the Planned Commercial Zone, provisions of this zone are formulated to encourage a high degree of coordinated development upon well landscaped premises. Particular attention is devoted to design of the periphery of the development with the objective of compatibility with surrounding land uses.

   (b)   Permitted Uses. Those uses included as permitted and accessory uses in the I-1 Industrial District.

   (c)   Arrangement of Industrial Uses. A planned industrial area shall provide for the harmony of buildings and a compact grouping in order to economize in the provision of such utility services as are required. Thoroughfares shall be kept to a minimum throughout a planned industrial area in order to reduce through traffic.

   (d)   Area Requirements. The minimum land area for a Planned Industrial Development shall be ten (10) acres.

   (e)   Structure Spacing. A minimum of fifty (50) feet shall be required between adjacent buildings.

   (f)   Setback and Screening. A setback of one-hundred (100) feet shall be provided along the entire perimeter of the development, except where is adjoins a Business or Industrial District in which case setback and screening requirements shall be at the discretion of the Planning Commission. Where situated adjacent to a residentially zoned area, a minimum of thirty (30) feet along the exterior property line shall be retained in natural woods, or be suitably landscaped with a dense planting of evergreens not less than four (4) feet in height at the time of planting. Such landscaping shall be fifty (50) percent or more opaque when viewed horizontally between two (2) feet and eight (8) feet above average ground level. A suitably designed fence or wall may be substituted for such screen plantings at the discretion of the Planning Commission, if in certain cases natural plantings are deemed infeasible. Screening facilities shall not obscure traffic visibility within fifty (50) feet of an intersection.

   (g)   Parking and Loading Requirements. See Chapter 1159.

   (h)   Signs. See Chapter 1161.

   (a)   Policies Underlying Use of Zone: The provisions of this district are designed to provide superior design and control of developments in the district that are consistent with the existing zoning of the district upon which the planned development overlay district is imposed.

   (b)   Permitted Uses: All permitted uses within underlying zoning districts shall continue to be permitted within the Planned Development Overlay District. Special uses within the underlying zoning district shall continue to require special use approval as required by Chapter 1163.

   (c)   Designation on Zoning Map: A Planned Development Overlay District shall be designated on the official Zoning Map and shall apply to property that has been designated with the abbreviation “PD” appended to the base zoning district on the official Zoning Map and enclosed with parentheses. For example, a Suburban Residential District, or R-1A, would be designated on the official zoning map as R-1A (PD).

   (d)   Site Development Regulations: In zoning districts where a planned development overlay district has been adopted, the site development regulations of the underlying zoning district shall remain in full force and effect, and shall be applied to all proposed developments within the district unless specifically modified or waived by Planning Commission and City Council for that proposed development.

   (e)   Planned Development Review: Any proposed development of a permitted or special use within a Planned Development Overlay District shall require planned development review. Any planned development proposal shall comply with the provisions of Section 1151.16 for submission requirements for planned development proposals. Any Planned Development proposal in a Planned Development Overlay District shall follow the procedure for approval set forth in Section 1151.04, except that the designation of a planned development district in Section 1151.04(b)(6) shall be inapplicable if the Planned Development Overlay District has already been established prior to the planned development proposal.

   (f)   Findings for Approval: Approval of a Planned Development in a Planned Development Overlay District shall require that the Planning Commission make the specific findings of fact set forth in Section 1151.03 and the following findings:

      (1)   That the proposed planned development is a permitted use within the underlying zoning district, or is a special use within the underlying zoning district and has been approved as a special use pursuant to the requirements for special use approval set forth in Chapter 1163;

      (2)   That the proposed planned development complies with the site development regulations for the underlying zoning district, unless specifically modified or waived by Planning Commission and City Council for the proposed planned development;

      (3)   That the proposed planned development is compatible with the surrounding neighborhood and adjacent properties;

      (4)   That the proposed planned development demonstrates superior architecture and use of high quality building materials, building fixtures and architectural treatments and amenities;

      (5)   That the proposed planned development demonstrates that a diversity of building designs will be employed to avoid monotony in the design of structures within the planned development;

      (6)   That the proposed planned development has open space that is designed in a manner where the open space is functional and is grouped in a manner that maximizes the appearance and use of open space;

      (7)   That the proposed planned development provides a plan for landscaping and maintenance of common areas, including maintenance of storm detention areas and any required buffers, and that the long term care of common areas shall be addressed through establishment of a homeowners association or other organization within the planned development.

      (8)   That the proposed planned development provides for restrictions and covenants on the subdivision plat or by separate dedication that will provide for control of land use and buildings within the planned development and promote consistent and unified development.

      (9)   That the proposed planned development complies with all applicable subdivision requirements of the City, and the construction of public improvements in the proposed planned development are consistent with the design criteria and construction standards and drawings of the City.

         (Ord. 2006-05. Passed 9-19-06.)

   (a)   Preliminary Plan Stage.

      (1)   Application. An application for a preliminary planned unit development shall be filed with the Zoning Inspector by at least one owner or lessee of property for which the planned unit development is proposed. At a minimum, the application shall contain the following information filed in triplicate:

         A.   Name, address, and phone number of registered surveyor, registered engineer, and/or urban planner assisting in the preparation of the preliminary development plan.

         B.   Name, address, and phone number of applicant.

         C.   Legal description of property.

         D.   Description of existing use.

         E.   Zoning district(s).

      (2)   Material to be submitted with applications.

         A.   Identification of all property owners within the proposed district, evidence of unified control of the entire area of the district, tentative agreement of all owners to proceed with development according to plans, and timing schedule approved if the proposed amendment is passed, and to bind their successors in title to abide by any final commitments made, and evidence of financial capability to complete the development according to plan or the provide adequate sureties for completing.

         B.   A map or maps indicating the relation of the proposed district to the surrounding area. As appropriate to the development proposed, such maps or maps shall demonstrate access to major streets, and show the approximate location and sizes of existing public sewers, water lines and storm drainage systems and other utility systems and installations which will be expected to serve the development. In the case of planned developments, to contain housing; location of schools and nearby commercial facilities shall be indicated.

         C.   Topographic data map drawn to a scale of 100 feet to one inch by a registered survey or and/or engineer showing:

            1.   Boundary lines - bearings and distances,

            2.   Easements - location, width, and purpose,

            3.   Wooded areas, streams, lakes, marshes, and any other physical conditions affecting the site,

            4.   Ground elevations on the tract for land that slopes less than one-half (1/2) percent, show one (1) foot contours; for land that slopes more than one-half percent (.05%), show two (2) foot contours,

            5.   If deemed necessary, subsurface conditions on the tract, including the location and results of tests made to ascertain the conditions of subsurface soil, rock and groundwater, and the existing depth of groundwater.

      (3)   A preliminary development plan and report, with maps at a scale of 100 feet or less to the inch, including as appropriate to the proposed development, the following information, presented in generalized form:

         A.   Proposed land uses and appropriate height, bulk and location of principal structures sufficient to permit an understanding of the style of the development. Proposals containing residential units shall specify the number of housing units by size and type proposed within the initial phase of the proposal or within the overall development if the development is not to be staged.

         B.   Proposed automotive and pedestrian circulation patterns, including streets by type (major, collector, or minor) width, public or private, and pedestrian ways. Existing or plotted streets proposed to be vacated.

         C.   Major off-street parking areas.

         D.   Proposed parks, playground school sites, pedestrian parkways and other major open spaces as well as the general form of organization proposed to own and maintain any common open space.

         E.   General location of utilities, installations and easements.

         F.   If development is to be in stages, indication as to the order and timing of development, and demonstration that each stage, when completed, would compliment any completed earlier, and would form a reasonably independent unit even though succeeding stages were delayed.

         G.   Proposals for expediting provision of public facilities, utilities or services where lacking or unlikely to be available when needed for the planned development, or for providing suitable private facilities, utilities or services. A report shall be provided, if appropriate, in a particular development containing proposals for improvement and continuing maintenance and management of any private streets.

            (Ord. 1987-05. Passed 8-4-87.)

         H.   The covenants, grants and easements or other restrictions proposed to be imposed upon the use of the land, buildings and structures including proposed easements or grants for public utilities, and the method of assuring perpetual maintenance of land to be used for common purposes.

         I.   Proposed building designs for buildings in the planned development, including elevations of all four sides of the structure, basic floor plan, and proposed exterior building materials.

            (Ord. 2006-10. Passed 2-20-07.)

   (b)   Final Plan Stage.

      (1)   Final Development plans and reports shall include:

         A.   A map or maps in the form required by the Subdivision Regulations, with such modifications and additions as required concerning such items as building sites when used as a substitute for lots, common open space not dedicated for public use, and other matters as appropriate to planned developments generally or to the specific planned development.

Similar modifications of standards contained in the Subdivision Regulations or in other regulations or policies applying generally may be reflected in such maps and report if the Planning Commission shall find and shall certify, after consultations with other agencies of government as appropriate in the specific case, that the public purposes of such regulations or policies are as well or better served by specific proposals of the final plan and reports.

         B.   A general site and land use plan for the planned development as a whole, indicating sub-areas for phased development if any, and showing location and use of structures and portions of structures in relation to building site lines, building sites reserved for future use and uses for which sites are reserved, automotive and pedestrian circulatory networks, principal parking areas, open space not in building sites and use for which it is intended, and such other matters as are required to establish a clear pattern of the relationships to exist between structures, uses, circulation and land.

      (2)   Agreements, contracts, deed restrictions, and sureties. The applicant shall guarantee the installation of the public improvements specified in the Final Development Plan through one of the following methods:

         A.   Filing a performance and labor and material payment bond in the amount of 110% of the estimated construction cost as determined by the Municipality.

         B.   Depositing or placing in escrow or certified check, cash, or other acceptable pledge, in the amount of 110% of the construction cost as approved by the Municipality.

   (c)   Subdivision Plat Required. No zoning certificate shall be issued for any structure in any portion of a Planned Development unless and until the final subdivision plat for that portion has been approved by the proper planning authority and recorded in the public record of the County.

   This requirement may be waived by the Planning Commission when it is deemed that a subdivision plat is not required.

(Ord. 1987-05. Passed 8-4-87; Ord. 2006-05. Passed 9-19-06.)

   In addition to all regulations specified in Chapters 1121 to 1151 and in other sections of this Ordinance, the provisions of this chapter shall be used for interpretation and clarification.

   On a corner lot the principal building and its accessory structures shall be required to have the same setback distance from all street right-of-way lines as required for the front yard in the district in which such structures are located.

   On a corner lot in any district, nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision between a height of two and a half (2½) and ten (10) feet above the center line grades of the intersecting streets in the area bounded by the right-of-way lines of such corner lots and a line joining points along such street lines fifty (50) feet from the point of intersection.

   In any "R" District, where the average depth of at least two (2) existing front yards on lots within one hundred (100) feet of the lot in question and within the same block front is less or greater than the least front yard depth prescribed elsewhere in this Zoning Ordinance, the required depth of the front yard on such lot shall be modified. In such case, this shall not be less than the average depth of said existing front yards, or the average depth of existing front yards of the two (2) lots immediately adjoining, or, in the case of a corner lot, the depth of the front yard on the lot immediately adjoining; provided, however, that the depth of a front yard on any lot shall be at least ten (10) feet including all projections but not required to be more than fifty (50) feet.

   The area of a corner lot shall be twenty percent (20%) greater than the minimum area required for an interior lot.

   When the principal building is located with its greatest depth on the long side of a corner lot, the required rear yard may be reduced to a minimum of twenty percent (20%) of the average lot depth; but in no case shall the shortest distance, measured horizontally between any part of a building, and the rear lot line, be less than twenty (20) feet.

   Buildings on lots having frontage on two (2) nonintersecting streets need not have a rear yard if an equivalent open space is provided on the lot in lieu of such required rear yard; applicable front yards must be provided however, on both streets.

   Multi-family dwellings shall be considered as one (1) building for the purpose of determining front, side, and rear yard requirements. The entire group as a unit shall require one (1) front one (1) rear and two (2) side yards as specified for dwellings in the appropriate district. Each individual building shall meet all yard requirements for the appropriate district as though it were on an individual lot.

   The height limitations contained in Chapters 1121 to 1157 do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy.

   No land or building in any district shall be used or occupied in any manner creating dangerous, injurious noxious or otherwise objectionable conditions which could adversely affect the surrounding areas or adjoining premises, except that any use permitted by this Ordinance may be undertaken and maintained if acceptable measures and safeguards to reduce dangerous and objectionable conditions to acceptable limits as established by the performance requirements in this section.

   (a)   Screening. No buildings or structures shall be erected, altered or enlarged nor shall land be used for any non-residential use on a lot that adjoins or faces any residential district until a plan for screening has been submitted and approved by the Zoning Administrator.

      (1)   Screening shall be provided for one or more of the following purposes:

         A.   A visual barrier to partially or completely obstruct the view of unattractive structures or activities.

         B.   As an acoustic screen to aid in absorbing or deflecting noise.

         C.   For the containment of debris and litter.

      (2)   Screening may be one of the following or a combination of two or more:

         A.   A solid masonry wall.

         B.   A solidly constructed decorative fence.

         C.   Louvered fence.

         D.   Dense evergreen plantings.

         E.   Deciduous trees and shrubs.

      (3)   Whenever any nonresidential use abuts a residential district, a visual screening wall, fence or planting shall be erected or placed along such boundary lines.

      (4)   Visual plantings shall be not less than four (4) feet in height at the time of planting except in required front yards where maximum height shall be not greater than two (2) feet. Screening shall be designed to maintain traffic visibility within fifty (50) feet of an intersection.

      (5)   All tree plantings and planting screens required by this Ordinance shall be installed prior to occupancy or commencement of use. Where compliance with the preceding sentence is not possible because of the season of the year, the Zoning Administrator shall grant an appropriate delay, but shall issue no permanent zoning compliance certificate or certificate of occupancy until completion of all require plantings.

      (6)   Screening for purposes of absorbing or deflecting noise shall have a depth of at least fifteen (15) feet of dense plantings or a solid masonry wall in combination with decorative plantings.

   (b)   Fire and Explosion Hazards. All activities involving burning and all storage of flammable or explosive materials shall be provided at any point with adequate safety devices against the hazards of fire and explosion and adequate fire-fighting and fire suppression equipment and devices, standard in the industry. Burning of waste materials in open fire is prohibited at any point.

   (c)   Fissionable, Radioactivity or Electrical Disturbance. No activities shall be permitted which utilize fissionable or radioactive materials if their use results at any time in the release or emission of any fissionable or radioactive material into the atmosphere, the ground, or sewerage systems, and no activities shall be permitted which emit electrical disturbance affecting the operation at any point of any equipment other than that of the creator of such disturbances.

   (d)   Air Pollution. Air pollution shall be subject to the requirements and regulations established by the Director of the Ohio Environmental Protection Agency.

   (e)   Liquid or Solid Wastes. No discharge at any point into any public sewer, private sewerage disposal system, or stream, or into the ground, of any materials of such nature or temperature as can contaminate any water supply, interfere with bacterial processes in sewage treatment, or otherwise cause the emission of dangerous or offensive elements, shall be permitted, except in accordance with minimum standards approved by the Ohio Department of Health or such other governmental agency as shall have jurisdiction on such activities.

   (f)   Glare and Heat. Any operation producing intense light or heat, such as high temperature processes like combustion or welding or otherwise shall be performed within an enclosed building and not be visible beyond any lot line bounding the property whereon the use is conducted.

   (g)   Noise. Objectionable noise as determined by the Zoning Inspector which is due to volume, frequency, or beat shall be muffled or otherwise controlled. Air raid sirens and related apparatus used solely for public purposes are exempt from this requirement.

   (h)   Vibration. No uses shall be located and no equipment shall be installed in such a way to produce intense, earth-shaking vibrations which are discernible without instruments at the property lines of the subject premises.

   (i)   Odors. No odor shall be emitted by any use permitted in this district in such quantities as to be readily detectable by an average observer at any point on the line of the premises or beyond.

   (j)   Erosion. No erosion, by either wind or water, shall be permitted which will carry objectionable substances onto neighboring properties.

   (k)   Enforcement Provisions. The Zoning Enforcement Officer, prior to the issuance of a zoning permit, may require the submission of statements and plans indicating the manner in which dangerous and objectionable elements involved in processing and in equipment operations are to be eliminated or reduced to acceptable limits and tolerances.

   (l)   Measurement Procedures. Methods and procedures for the determination of the existence of any dangerous and objectionable elements shall conform to applicable standard measurement procedures published by the American Standards Association, Inc., New York, the Manufacturing Chemists' Association, Inc., Washington, D.C., the United States Bureau of Mines, and the Ohio Environmental Protection Agency.

   The following accessory uses are permitted in each Residential District, and the Residential Office District.

   (a)   Private garages not to exceed the following area:

      (1)   For a single-family dwelling - 768 sq. ft.

      (2)   For multiple-family dwellings - 600 sq. ft.

      (3)   A hard surface driveway leading to detached garage shall be required.

         (Ord. 1994-02. Passed 5-17-94.)

   (b)   Storage sheds for storage incidental to a permitted structure, provided that no such storage shed that is accessory to a residential building shall exceed 199 square feet in gross floor area. (Ord 2013-02. Passed 3-19-13.)

   (c)   A guest house (without kitchen facilities) or rooms for guests in an accessory building, provided such facilities are used for the occasional housing of guests of the occupants of the principal building, and not as rental units or for permanent occupancy.

   (d)   Patios, open porches, and car ports subject to required provisions under Section 1157.04.

   (e)   Garage sales subject to required provisions under Section 1157.07.

   (f)   Swimming pools, bath houses, tennis courts and other recreational facilities designated for the use of the occupants of a residential use and their guests in accordance with the provisions of Section 1157.05.

   (g)   Satellite antenna dishes subject to required provisions under Section 1157.08.

   (h)   A child's playhouse.

   (i)   Statuary, arbors, trellises, barbecue equipment, flag poles, play equipment and non-mechanical laundry drying equipment.

   (j)   Fences and walls in accordance with the provisions of Section 1157.06.

   (k)   The off-street parking of a recreational vehicle, boat and/or boat trailer, pick-up camper or coach, motorized dwelling, or tent trailer in accordance with the provisions of Section 1159.03.

   (m)   Any other use customarily incidental, related or subordinate to a residential use.

      (Ord. 1994-02. Passed 5-17-94 ; Ord. 2021-06. Passed 6-15-21.)

   (a)   Over twenty-four (24) hour parking or outdoor storage of trucks over one (1) ton rated capacity, buses, or mobile homes.

   (b)   Outdoor storage, such as but not limited to: junk, wood, lumber, building materials, parking of inoperative or unlicensed motor vehicles or similar items of property.

   (c)   Housing or keeping of:

      (1)   Farm or agricultural animal, whether the animal is housed as a pet or for an agricultural purpose.

      (2)   Any birds or animals that endanger the health, safety or welfare of the public of the Municipality. (Ord. 1994-02. Passed 5-17-94.)

   In a Business or Industrial District, any use which is customarily found in conjunction with and required for the full utilization and economic viability of the principal use which meets the definition of accessory use as stated in the Ordinance, and which complies to the applicable standards of the district in which it is located is permitted.

   The following standards shall apply to accessory buildings in residential districts:

   (a)   Storage Sheds:

      (1)   One (1) storage shed shall be permitted on a residential lot.

      (2)   Storage sheds shall not exceed 199 square feet in gross floor area.

      (3)   Storage sheds shall not exceed fifteen (15) feet in height.

      (4)   Storage sheds shall be located at least ten (10) feet from any dwelling located on the lot.

      (5)   Storage sheds shall be located at least ten (10) feet from any other accessory buildings on the lot.

      (6)   Storage sheds shall be located at least three (3) feet from all lot lines.

      (7)   Storage sheds shall be located in the rear yard.

   (b)   Detached Garages:

      (1)   Detached garages for a single family dwelling shall not exceed 768 square feet in gross floor area.

      (2)   Detached garages for a multi-family dwelling shall not exceed 600 square feet in gross floor area.

      (3)   Detached garages shall have a continuous foundation, and shall not consist of pole barn type construction.

      (4)   A concrete, asphalt, or paved driveway leading to the detached garage shall be required.

      (5)   Detached garages shall be located in the rear yard, and shall not occupy more than 35% of the rear yard singly or in combination with another accessory building.

      (6)   Detached garages shall not exceed fifteen (15) feet in height.

      (7)   Detached garages shall be at least ten (10) feet from any dwelling situated on the same lot.

      (8)   Detached garages shall be located at least ten (10) feet from any other accessory structure on the lot.

      (9)   When access to a detached garage is from any alley, such garage shall be located not less than ten (10) feet from the alley right-of-way.

   (c)   Attached Garages:

      (1)   Attached garages are an integral part of a principal dwelling or may be connected thereto by a breezeway or similar structure.

      (2)   Attached garages for a single family dwelling connected by a breezeway or similar structure to the principal dwelling shall not exceed 768 square feet in gross floor area.

      (3)   Attached garages for a multi-family dwelling connected by a breezeway or similar structure to the principal dwelling shall not exceed 600 square feet in gross floor area.

      (4)   A concrete, asphalt, or paved driveway leading to the attached garage shall be required.

      (5)   Attached garages shall have a continuous foundation and shall not consist of pole barn type construction.

      (6)   Attached garages be placed to meet all setback and height requirements for the principal dwelling to which it is attached.

      (7)   When access to an attached garage is from an alley, such garage shall be located not less than ten (10) feet from the alley right of way.

   (d)   Corner Lots:

      (1)   On a corner lot abutting in the rear or the side of a lot in an R district, any accessory building or part thereof within twenty-five (25) feet of the common lot line shall not be closer to the side street lot line than the least depth of the front yard setback required on such other lot fronting the side street, and in no case shall any part of such accessory building be closer to the side street lot line than the least width of the side yard required for the principal building to which it is accessory.

      (2)   No accessory use or building in any R district, except an off-street parking, shall be permitted nearer to any front lot line than sixty (60) feet, unless such use or building is contained within or constitutes an integral part of the principal building. However, if the owner of a corner lot, with the approval of the Board of Zoning Appeals, designates the longer street lot line as the front lot line, then the requirements of this section shall apply to establish the permitted distance of an accessory building from only the shorter street lot line.

   (e)   Use of Accessory Building: No accessory building shall be used as a stable or used for keeping animals or birds. (Ord. 2013-02. Passed 3-19-13.)

   (a)   Covered porches, patios or decks shall be located no more than twelve (12) feet into the required rear yard setback, shall be open on three sides, and shall not be screened in or enclosed.

   (b)   Uncovered rear porches, patios or decks may extend into one-half (½) of the rear yard setback, but shall not exceed thirty-five percent (35%) of the total rear yard, and shall not be screened in or enclosed.

   (c)   Carports shall not extend into the required front yard or side yard setbacks, shall be attached to the primary structure, and shall be erected on a cement slab.

   (d)   Freestanding canopies shall not exceed 360 square feet, shall be open on four sides, shall be erected in the rear yard on a cement slab, shall not exceed fifteen (15) feet in height, and access to said freestanding canopy shall be provided by a hard surface driveway. Freestanding canopies shall be subject to the provisions of Section 1157.03 with respect to location of the canopy within the rear yard.

(Ord. 2013-02. Passed 3-19-13.)

   (a)   No swimming pools or any other type of pool which has a depth of eighteen (18) inches or more at any point, including but not limited to hot tubs and spas, shall be allowed in any residential district except as an accessory use and unless it complies with the following conditions and requirements:

      (1)   The pool is intended and is to be used solely for the enjoyment of the occupants of the residential property on which the pool is located and guests of the occupants.

      (2)   The pool may not be located closer than six (6) feet to any property line, and such location shall be in accordance with all pertinent provisions of Section 1157.03 et seq. Accessory buildings shall maintain the minimum side yard required. Any walks or paved areas adjacent to the pool shall be considered as patios for the purpose of this section and shall conform to the provisions in Section 1157.04. Depth of the pool is determined by measuring the maximum height of any side of the pool.

      (3)   The pool, or the entire rear yard of the property on which it is located, shall be walled or fenced to prevent uncontrolled access by children from the street or from adjacent properties. The following fences or walls shall be required.

         A.   In-ground pools and permanent above ground pools shall have a fence that is six feet high and maintained in good condition with a gate and lock.

         B.   Portable storable pools shall have a fence that is at least 42 inches high and maintained in good condition with a gate and lock. Portable storable pools are defined as pools with inflatable walls. Portable storable pools shall be permitted as an accessory use between April 15 and October 15 of each year, and shall be removed from the yard and stored during the winter from October 15 to April 15.

         C.   Hot tubs and spas shall be required to have a secured cover and lock to prevent entry when not in use.

            (Ord. 2003-08. Passed 2-3-04.)

   (b)   Tennis Courts. Tennis courts and other similar playing courts may be located in any rear yard not less than three (3) feet of any property line, provided the location of such courts are in accordance with all pertinent provisions of Section 1157.03 et seq. Such courts may be fenced with a chain link fence up to ten (10) feet in height located around the perimeter of the court, but any fence over six (6) feet in height shall be planted with large shrubs in sufficient quantities to screen and filter the view of the fence from neighboring properties.

   The intent of these provisions is to outline the regulations for accessory fences, walls and hedges in residential districts. Such structures are permitted in order to: Provide for orderly transition between land uses; protect and screen private property; give security and privacy to residents; provide a physical and visual barrier; reduce wind and modify climate; define property lines; create and define outdoor living space; and generally improve the aesthetic appearance of a site. Where buffer yard or other screening requirements pursuant to the provisions of Section 1155.01 differ from the provisions of this section, the more stringent requirement shall apply.

(Ord. 1987-05. Passed 8-4-87.)