Canal Winchester City Zoning Code
TITLE FIVE
Zoning Districts
1151.01 DIVISION INTO DISTRICTS.
For the purposes of this Zoning Code, the Municipality is hereby divided into categories of zoning districts. Such districts are designated as follows:
RESIDENTIAL DISTRICTS | PLANNED DISTRICTS |
Limited Density Residential District (R-1) | Planned Residential District (PRD) |
Low Density Residential District (R-3) | Planned Commercial District (PCD) |
Multi-Family Apartment Residential District (MF-A) | Planned Industrial District (PID) |
Multi-Family Condominium Residential District (MF-C) | Planned Unit District (PUD) |
Planned Conservation District (PCND) | |
COMMERCIAL DISTRICTS | MANUFACTURING DISTRICTS |
Neighborhood Commercial District (NC) | Limited Manufacturing District (LM) |
General Commercial District (GC) | |
Suburban Office and Institution District (SO) | |
SUPPLEMENTAL DISTRICTS | OVERLAY DISTRICTS |
Floodplain District (FP) | Old Town Overlay District (OT) |
Exceptional Use District (EU) | Violet Pointe Overlay District (VP) |
Optional Traditional Neighborhood Development Floating District (TND) | Adult Entertainment Overlay District (AE) |
(Ord. 25-09. Passed 5-4-09.)
1151.02 BOUNDARIES: ZONING MAP.
(a) Districts and Boundaries Established. The several districts and boundaries thereof are hereby adopted and established as shown on the Zoning Map, which map, together with all notations, references, data, district boundaries, and other information shown thereon, are hereby made a part of this Zoning Code. Such Zoning Map, properly attested, shall remain on file in the Municipal Hall. Such Zoning Map may be amended in accordance with this Zoning Code.
(b) District Boundaries. Except when referenced on such Map to a street or alley or other designated line by dimensions shown on such Map, the district boundary lines follow property lot lines, the centerlines of watercourses, or the centerlines of rights-of-way, both streets and alleys, as they existed at the time of the adoption of this Zoning Code.
(c) Uncertainty as to Boundaries or Textual Provisions; Interpretation. All questions concerning the exact location of district boundary lines shall be determined by the Planning and Zoning Administrator. Appeals of said determination shall be made as provided under Section 1139.05
(Ord. 41-01. Passed 8-20-01.)
1151.03 VACATED STREET OR ALLEY.
Whenever any street, alley or other public right-of-way is vacated by official action as provided by law, the zoning district adjoining the side of such public right-of-way shall be extended automatically, depending on the side or sides to which such lands revert, to include the right-of-way thus vacated, which shall thenceforth be subject to all regulations of the extended district or districts.
(Ord. 41-01. Passed 8-20-01.)
1151.04 ANNEXATIONS.
(a) For land annexed to the Municipality following enactment of this Zoning Code, such land shall automatically become zoned, without payment of a fee, to Exceptional Use (EU) if such land is undeveloped. The property owner and/or his and/or her representative shall in all cases reserve the right to apply for any desired zoning map amendment of the land following the effective date of the annexation. If the land is undeveloped, the property owner and/or his or her representative shall meet with the municipality and begin discussions to amend the zoning map within thirty (30) days of the effective date of the annexation. If the land is developed or occupied by a use other than agriculture, the land shall be zoned under the most compatible zoning district listed in Section 1151.01 excluding planned districts.
(b) All property annexed to the Municipality shall have a zoning of industrial or commercial when newly annexed to the Municipality if property is owned by the Municipality and is approved by the Planning and Zoning Commission of the Municipality.
(c) Any zoning other than as established herein shall be in accordance with the zoning rules and regulations.
(Ord. 41-01. Passed 8-20-01.)
1153.01 CONFORMANCE REQUIRED.
Except as hereinafter specified, no land, building, structure or premises shall hereafter be used, and no building or part thereof, or other structure, shall be located, erected, moved, reconstructed, extended, enlarged or altered except in conformity with the regulations herein specified for the district in which it is located; such regulations include, but without limitation, the following: the specific use of buildings, structures or land, including performance standards for the control of any dangerous and objectionable elements in connection with such use; the height, size and dimensions of buildings or structures; the size or dimensions of lots, yards and other open spaces surrounding buildings; the provision, location, size, improvement and operation of off- street parking, loading and unloading spaces.
(Ord. 41-01. Passed 8-20-01.)
1153.02 PROHIBITED USES.
(a) Uses not expressly permitted in the Canal Winchester Zoning Code, except as approved when appropriate under the Exceptional Use District (EU), are hereby prohibited.
(b) Adult entertainment uses, as defined herein, shall be prohibited in the Municipality.
(Ord. 41-01. Passed 8-20-01.)
1153.03 CONVERSION TO DWELLINGS.
The conversion of any building into a dwelling or the conversion of any dwelling so as to accommodate an increased number of dwelling units or households shall be permitted only within a district in which a new building for similar occupancy would be permitted under this Zoning Code and only when the resulting occupancy will comply with the requirements governing new construction in such district with respect to minimum lot size, lot area per dwelling unit, percentage of lot coverage, dimensions of yards and other open spaces, and off-street parking. Each conversion shall be subject also to such further requirements as may be specified hereinafter to such district.
(Ord. 41-01. Passed 8-20-01.)
1153.04 ACCESSORY BUILDINGS WITHOUT MAIN BUILDING.
In any district no accessory building or structure shall be erected or constructed prior to the erection or construction of the principal or main building with the exception of the contractor's temporary building.
(Ord. 41-01. Passed 8-20-01.)
(Ord. 41-01. Passed 8-20-01.)
1153.05 REQUIRED AREA OR SPACE CANNOT BE REDUCED.
No lot, yard, court, parking area or other space shall be reduced in area or dimension so as to make such area or dimension less than the minimum required by this Zoning Code. No part of a yard, court, parking area or other space provided about, or for, any building or structure for the purpose of complying with the provisions of this Zoning Code shall be included as part of a yard, court, parking area or other space required under this Zoning Code for another building or structure.
(Ord. 41-01. Passed 8-20-01.)
1153.06 UNSAFE BUILDINGS.
Nothing in this Zoning Code shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by proper authority and such notice shall be provided to the Municipality.
(Ord. 41-01. Passed 8-20-01.)
1153.07 PENDING APPLICATIONS FOR BUILDING PERMITS.
Nothing herein contained shall require any change in the overall layout plans, construction, size and designated use of any development, building, structure or part thereof, for which official approvals and required building permits have been granted before the enactment of this Zoning Code and for which construction shall have begun prior to the effective date of this Zoning Code.
(Ord. 41-01. Passed 8-20-01.)
1153.08 CORNER LOT VISIBILITY.
On a corner lot in any residential district, nothing shall be erected, constructed, placed, planted or allowed to grow in such a manner as materially to impede vision between a height of two and one-half (2 ½ ) feet and ten (10) feet above the center line grades of the intersecting
streets in the area bounded by the street lines of such corner lots and a line joining points along said street lines fifty (50) feet from the point of the intersection.
(Ord. 41-01. Passed 8-20-01.)
1153.09 STORAGE OF CONSTRUCTION MATERIALS.
In any residential district the storage of construction materials on any one (1) lot shall be limited to the quantity of material required for the construction, renovation or enlargement of the dwelling unit or units proposed for said lot, provided the plans for such dwelling unit or units have been previously reviewed by the Planning and Zoning Administrator and approved by the Building Department.
(Ord. 41-01. Passed 8-20-01.)
1153.10 OBJECTIONABLE ELEMENT OR CONDITION.
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 element or condition so as to adversely affect the surrounding area or adjoining premises provided that any use permitted by this Zoning Code may be undertaken and maintained if acceptable measures and safeguards are employed to limit dangerous and objectionable elements to acceptable limits as determined by the Municipal ordinances.
(Ord. 41-01. Passed 8-20-01.)
1153.11 PLATTING REQUIRED.
No use shall be established or altered and no structure shall be constructed or altered except upon a lot that has been platted in accordance with or which otherwise meets the requirements of the Subdivision Regulations of Canal Winchester. Development standards of the Canal Winchester Zoning Code are minimum requirements, unless otherwise stated, for the arrangement of lots and spaces to be achieved in all developments.
(Ord. 41-01. Passed 8-20-01.)
1153.12 BUILDING LINES ESTABLISHED.
(a) Building Lines Established. Along every street right-of-way a building line shall be established from the existing right-of-way or proposed right-of-way as indicated in the Canal Winchester Thoroughfare Plan, as amended, whichever is greater in width, that shall constitute the required front yard setback as established in the applicable zoning district.
(b) Required Setback Defined. The required setback is that distance between the established building line and the actual or proposed right-of-way. No structure or other use of land, except parking as defined in subsection (c) herein, shall locate in the required setback. In no case shall the required setback be less than the minimum required in the applicable zoning district.
(c) Parking Within the Required Setback. Open parking or loading spaces shall be permitted to extend toward the street right-of-way from the established building line a distance equal to forty (40) percent of the required setback distance as measured from the actual or proposed right-of-way. In no case shall any part of a parking area be closer than fifteen (15) feet to any established or proposed right-of-way.
(d) Reduced Setback. If existing structures or uses on lots adjacent to each side of a lot have a setback less than the setback line established by these Regulations, the setback on the center lot shall be the average setback established on the adjacent lots.
(e) Display in Front Set Back Prohibited. Within the front building set back and side building set backs adjacent to public right-of-way, there shall be no storage or display of any materials, equipment, inventory, merchandise or wares. This provision is applicable in all NC, GC, SO, and LM zoning district.
(1) Sidewalk sales in the Central Business District exempted. Sidewalk sales conducted in the Central Business District shall be exempt from this provision provided a temporary use permit is issued by the Planning and Zoning Administrator prior to the commencement of such a sale.
(Ord. 41-01. Passed 8-20-01.)
1153.13 PROHIBITION OF MINERAL EXTRACTION.
The extraction of oil, natural gas, coal, limestone, gravel, sand, clay and other similar minerals, excluding water, shall be prohibited within Canal Winchester.
(Ord. 41-01. Passed 8-20-01.)
1153.14 MODIFICATION OF DEVELOPMENT STANDARDS.
In any district where dwellings are permitted, a permitted residential dwelling(s) may be erected on any lot of official record on the effective date of this Zoning Code even though such lot does not comply with the minimum lot area and minimum width requirements of such district, provided said lot has a minimum of forty (40) feet of frontage on an improved public street and further provided the following conditions are met:
(a) If the owner of such lot does not own adjoining property and did not own such property at the time this Zoning Code became effective:
(1) Each required side yard may be reduced by two (2) inches for every foot that is narrower than the required lot width at the building line, but in no case shall each required side yard be less than four (4) feet. Such dedications shall not apply to structures higher than two (2) stories.
(2) Required rear yards shall be twenty-five (25) percent of the lot depth, but in no case shall be less than fifteen (15) feet.
(b) If the owner of such lot owns the adjoining property and owned such property at the time this Zoning Code became effective then in order to erect a dwelling(s) that meets district dimensional requirements, such lots shall be combined to create a parcel that meets said requirements.
(c) Administrative Variance. Administrative variances will only be considered when the proposed project is a supplement to or the reconstruction of an existing structure. If the approval of an administrative variance introduces new nonconforming conditions, the application will not be considered. Administrative variances will only be considered for residential properties located in the following neighborhoods: Washington Knolls, Winchester Manor, the Historic District, Olde Towne, Miller Addition.
(1) Application to be Made. Written application for an administrative variance shall be made by the property owner(s) or lessee(s) to the Planning and Zoning Administrator.
(2) Application Fee. No fee is required.
(3) Application Contents. The application for a variance shall contain as a minimum:
A. Name, address, and phone number of the applicant(s) and representative(s) if any, and the signature of the property owner(s).
B. A current and accurate legal description of the property(s) in question.
C. The nature of the variance required including what provisions of the Zoning Code are affected.
D. A plot plan to show:
1. Boundaries and dimensions of the property and the size and location of all proposed and existing structures.
2. The nature of the special conditions or circumstances.
3. The proposed use of all parts of the lot and structures.
4. Such additional information as may be required by this Zoning Code and/or requested by the Planning and Zoning Administrator to review the application.
(4) Criteria for Approval.
A. Is the proposed addition/modification architecturally compatible with the existing structure and the neighborhood?
B. Is the proposed addition/modification location compatible with the existing structure and the structures in the neighborhood?
C. Is this a supplement to or the reconstruction of an existing structure?
D. Will the approval of the proposed variance improve existing conditions within the neighborhood?
(5) Review Procedure.
A. Filing of Application. One (1) copy of a completed application must be filed with the Planning and Zoning Administrator. Upon receipt of the application, the Planning and Zoning Administrator will review the submittal and determine whether such application is complete and meets all submittal requirements. Failure to submit a complete application, as determined by the Planning and Zoning Administrator, shall result in a rejection of the application.
B. Application Review. Upon receipt of a completed application, the Planning and Zoning Administrator has a maximum of ten (10) business days to review the application. The Planning and Zoning Administrator must be able to respond positively to all of the criteria listed in Section 1153.14 (c) (4) in order to approve the variance request. The Planning and Zoning Administrator may also approve the variance with modifications or disapprove the variance. In approving a variance(s), the Planning and Zoning Administrator may prescribe appropriate conditions and safeguards in conformity with this Zoning Code. Violations of such conditions and safeguards, when made a part of the terms under which the variance is approved, shall be deemed a violation of this Zoning Code and punishable as prescribed herein. The Planning and Zoning Administrator’s determination in taking action on a requested variance shall be accompanied by findings of fact and a statement of the reasons for the decision reached.
C. Issuance Of A Zoning Certificate. Upon approval of the Planning and Zoning Administrator, a Certificate of Zoning Compliance for all approved variances shall be issued to the applicant within ten (10) days of approval. The requirements relative to expiration of Section 1135.05 shall apply. At the monthly Planning and Zoning Commission meetings, the Planning and Zoning Administrator shall provide a report outlining the administrative variances granted.
D. Appeals. Whoever is aggrieved or affected by the decision of the Planning and Zoning Administrator involving an application for an administrative variance(s) shall have the right to file an appeal with the Planning and Zoning Commission. The appeal shall be filed no later than ten (10) days after the decision of the Planning and Zoning Administrator. At the time of filing, the Planning and Zoning Administrator shall turn over to the Planning and Zoning Commission the application and any relevant background information.
(Ord. 41-01. Passed 8-20-01.)
(Ord. 41-01. Passed 8-20-01.)
1153.15 CORNER LOT SETBACKS.
(a) In any district the front of a corner lot shall be deemed to be the shorter of the two (2) sides fronting on streets.
(b) The minimum setback on the side facing the side street shall be thirty-five (35) feet.
(c) The minimum lot width for corner lots shall be fifteen (15) feet greater than the width required for interior lots in the same district.
(Ord. 41-01. Passed 8-20-01.)
1153.16 ONE USE PER RECORDED LOT.
In all R-1, R-3, MF-A and MF-C residential districts there shall not be more than one (1) permitted, principal use on each recorded lot.
(Ord. 25-09. Passed 5-4-09.)
1153.17 PRINCIPAL BUILDINGS PER RECORDED LOT.
In all districts, no more than one principal building or structure may be constructed upon any one lot. The construction of more than one principal building or structure upon any one lot shall require a variance from the Planning and Zoning Commission.
(Ord. 41-01. Passed 8-20-01.)
1153.18 MULTIPLE NON-RESIDENTIAL USES PERMITTED.
In all NC, GC, SO, and LM districts, multiple uses may be permitted on a single lot of record subject to the following standards:
(a) Uses Shown on Approved Final Site Plan. Multiple uses may be permitted on a single lot of record when such uses are shown on an approved final site plan.
(Ord. 41-01. Passed 8-20-01.)
(b) Certificate of Zoning Compliance Issued. Multiple uses may be permitted on a single lot of record when such uses are located in a multi-tenant structure and a Certificate of Zoning Compliance is issued for the various uses.
(Ord. 88-05. Passed 11-21-05.)
1153.19 LOCATION OF VENDING MACHINES.
All vending machines shall only be displayed, maintained or stored in a completely enclosed structure meeting the requirements of this Code.
(a) Vending Machines Defined Vending machine shall include but is not limited to beverage machines, candy machines, cigarette machines, and ice machines.
(b) Exemption for Telephones Public telephone facilities shown on an approved site plan shall be exempt from this provision.
(c) Exemption for Newspaper Sales Vending machines for the sale or distribution of newspapers of general circulation shall be exempt from this provision.
(d) Location of Newspaper Vending Machines Vending machines for the sale or distribution of newspapers of general circulation shall not be located in such a manner as to obstruct the public rights-of-ways or to impede traffic on said rights- of-ways.
(Ord. 41-01. Passed 8-20-01.)
1153.20 VEHICLE SALES.
The business of selling used or previously owned vehicles is not allowed except in conjunction with dealerships for the sale of new vehicles and must be located on the same site as the new vehicle dealerships.
(a) Casual Sale Exempted This section shall not control the casual sale of used vehicles. In all the zoning districts, the vehicles for sale must belong to either the property owner or tenant where the vehicle is parked. No more than one vehicle may be sold on the lot at any one time.
(Ord. 41-01. Passed 8-20-01.)
(a) Facilities Requirement. In all new single family, multi-family, planned residential or planned unit developments, a school facility dedication shall be made to the appropriate school board. Said dedication shall be suitable for development and the intended use to meet the need generated by the proposed development in compliance with the school district’s adopted School Facility’s Plan. All of the dedicated school land shall be suitable for construction of school facilities and associated outdoor areas. The dedicated school land shall be a single parcel, centrally located within the service radius, with public access to adjacent street frontage, and free from hazards that would threaten the safety of those using the land.
(b) Land Dedication Formula. The formula for land dedication for schools is 0.03 acres per single-family dwelling unit proposed. The formula for multi-family dwelling unit is as follows: 0.01 acres for every one bedroom dwelling unit proposed; 0.015 acres for every two bedroom dwelling unit proposed; and 0.03 acres for every dwelling unit of three bedrooms or more proposed. The Municipal Council reserves the right to adjust the acreage requirements as deemed necessary to meet the specific needs of the applicable school district. The following is the minimum acreage requirement per school: Elementary = 10 acres; Middle = 25 acres; High = 50 acres; Middle and High combined = 70 acres.
(c) Cash-in-lieu of Land Dedication Cash-in-lieu of land dedication shall be permitted when deemed by the school board to be more appropriate.
(d) Combination of Dedication and Cash-in-lieu. The applicant may propose a combination of cash-in-lieu of land dedication. The value of the combination of both the land dedication and the cash-in-lieu of land shall not exceed the fair market value of the total required dedication.
(e) Process.
(1) The appropriate school board shall review the applicant’s request to dedicate land, pay cash-in-lieu of land dedication, or a combination of said alternatives and make a recommendation to the Municipal Council.
(2) If the developer and school board cannot agree on the land dedication or cash-in-lieu of land dedication requirement, the Municipal Council shall determine said requirement.
(3) The cash-in-lieu fee shall be equivalent to the fair market value of the acreage required for school land dedication at the time of Preliminary Plan approval. Value shall be based on anticipated market value after completion of platting. The applicant shall submit a proposal for the cash- in-lieu and supply the information necessary for the appropriate school board to evaluate the adequacy of the proposal. This information shall include at least one (1) appraisal of the property by an independent, licensed appraiser, agreed to by both property owner and school, and paid by the property owner/developer.
(f) Conveyance of Land or Payment of Fees. The conveyance of land or payment of fees obtained through the school facilities requirement shall be required prior to the municipality’s signing of the Final Plat. The conveyance of dedicated school land to the appropriate school district shall be by warranty deed and the title shall be free and clear of all liens and encumbrances, including real property taxes prorated to the time of conveyance. The applicant shall provide a title insurance policy in the school district’s name and a certified survey at the time of conveyance.
(Ord. 88-05. Passed 11-21-05.)
1155.01 PURPOSE.
The Limited Density Residential District (R-1) is established as a low density, detached, single-family residential district serviced by public water and sanitary sewer systems where physical conditions limit the suitability of servicing by on-site systems. The R-1 District is most appropriate in less developed portions of the Municipality, serving as a transition between rural, predominantly agricultural areas and more developed areas.
(Ord. 41-01. Passed 8-20-01.)
1155.02 PERMITTED USES.
Land and buildings in the Limited Density Residential District (R-1) shall be used only for the following purposes:
(a) Single-family detached dwellings.
(b) Accessory buildings and uses in association with a permitted dwelling.
(d) Private kennels.
(Ord. 41-01. Passed 8-20-01.)
1155.03 CONDITIONAL USES.
The following uses may be allowed in the Limited Density Residential District (R-1) subject to approval in accordance with Chapter 1145:
(a) Churches and other similar places of worship and parish houses provided said use occupies a lot of not less than three (3) acres;
The minimum lot width is three hundred (300 feet).
The lot is adequate to accommodate the required off-street parking requirements of the church in accordance with Chapter 1185.
The church building is set back from any adjacent residential property line a distance equal to or greater than the height of the structure exclusive of the steeple or spire.
The church lot is accessible to a major arterial in a manner that does not require
the passage of traffic through local residential streets.
There is one (1) acre or more per one hundred (100) seats or similar accommodations in the main assembly hall.
Accessory living quarters may be provided on the church lot as a conditional use. The location, density, and the additional lot area required for such uses shall be subject to approval by the Planning and Zoning Commission. Accessory recreational uses may be provided on the church lot as a conditional use subject to approval by the Planning and Zoning Commission.
(b) Public uses: parks, playgrounds, recreation and community center buildings and grounds, golf courses, public swimming pools, tennis courts and similar recreational uses, provided that any principal building or swimming pool used therefore shall be located not less than one-hundred and fifty (150) feet from any other lot in any residential district unless otherwise approved as part of the development plan within a planned development district.
(1) All golf course facilities shall be in accordance with the following provisions in addition to any other conditions required by the Planning and Zoning Commission:
A. The hours of operation of the golf course shall be limited from dawn to dusk to prevent undue disturbance to neighboring uses.
B. All maintenance equipment shall be stored in sheds or other structures and away from view.
C. No hole or green shall be located within two hundred (200) feet of an existing residential structure unless otherwise approved as part of the development plan within a planned district.
D. The Planning and Zoning Commission may require fencing, walls, landscaping, earth mounds or other measures where it is determined that buffering or screening is necessary to manage land use conflicts and/or protect the public safety unless otherwise approved as part of the development plan within a planned district.
F. The minimum floor area requirements for the clubhouse or management structure shall be five thousand (5,000) square feet.
G. Any golf courses hereinafter constructed within designated areas of Canal Winchester shall occupy not less than one hundred fifty (150) acres.
(2) All private outdoor recreational facilities shall be in accordance with the following provisions in addition to any other conditions required by the Planning and Zoning Commission:
A. Minimum lot area for a private recreational facility shall be no less than six (6) acres.
B. Setbacks: Front = 100 feet for structures and 75 feet for parking; Rear = 75 feet; Side = 75 feet.
C. All structures and playing fields for outdoor recreation shall be located at least two-hundred and fifty (200) feet and drives and parking areas shall be at least fifty (50) feet from any adjacent parcels where residences are a permitted use.
D. Where a landscaped screen is not already required adjacent to another parcel, one (1) deciduous tree shall be provided for every forty (40) feet of parking lot boundary and loading/unloading area, plus a three (3) foot average height continuous planting, hedge, fence wall or earth mound. The same parking lot perimeter screening shall also be provided adjacent to the public right-of-way. At least one tree per 5,000 square feet of parking area shall be provided within the parking lot.
E. All outdoor playing fields, courts and other similar outdoor recreation facilities must be secured at night to prevent unauthorized access. While no lighting will be permitted on any such outdoor recreation facility, security lights may be approved for any permanent facilities at the site.
F. The maximum density allowed on any parcel shall not exceed one (1) field for every five (5) acres.
G. A minimum of thirty-five (35) parking spaces shall be provided for every field at the site. All parking areas shall be constructed in accordance with Chapter 1185.
H. A minimum eight (8) foot high landscaped screen or combination mound and plant material with a ninety (90) percent year round opacity shall be provided on any side of the site adjacent to parcels where dwellings are a permitted use. If a mound is used it shall be constructed with no more than a 4:1 slope. Mounds shall not be constructed to restrict the natural flow of surface water to or from the site.
I. Access shall be from an arterial street or commercial collector or shall be provided in a manner that does not cause heavy traffic on residential streets.
J. Permanent toilet facilities, connected to a sanitary sewer or other approved on site disposal system, must be provided with the following minimum number of fixtures: women - 5 toilets and 2 lavatories, men - 1 toilet, 2 urinals and 2 lavatories, additional fixtures must be added at the rate of 3 for every 2 fields over 4 fields per site.
(3) All private indoor recreational facilities shall be in accordance with the following provisions in addition to any other conditions required by the Planning and Zoning Commission:
A. Minimum lot area for an indoor private recreational facility shall be no less than five (5) acres.
B. Setbacks: Front = 100 feet for structures and 75 feet for parking; Rear = 75 feet; Side = 75 feet.
C. Driveways and parking areas shall be at least fifty (50) feet from any adjacent parcels where residences are a permitted use.
D. Where a landscaped screen is not already required adjacent to another parcel, one (1) deciduous tree shall be provided for every forty (40) feet of parking lot boundary and loading/unloading area, plus a three (3) foot average height continuous planting, hedge, fence wall or earth mound. The same parking lot perimeter screening shall also be provided adjacent to the public right-of-way. At least one tree per 5,000 square feet of parking area shall be provided within the parking lot.
E. No exterior lighting shall be positioned so as to extend glare on adjacent property or public right-of-way.
F. All activities shall be conducted entirely within an enclosed building.
G. Access shall be from an arterial street or commercial collector or shall be provided in a manner that does not cause heavy traffic on residential streets.
(c) Public and private schools.
(e) Rest homes, nursing homes, children's nurseries of day care centers, and pre- school provided that the following conditions are met, where applicable:
(1) The building occupied by the use is compatible with neighborhood structures in dimension, size, and architecture.
(2) There is an outdoor play area of eighty-five (85) square feet or more per child.
(3) Such play area shall be enclosed with a chain link fence or its equivalent in strength and protective character to a height of five (5) feet to control accessibility of children to adjoining hazardous conditions such as streets, ponds, etc., or adjacent yards.
(4) A drop off area is provided so that children do not have to walk through the parking lot to enter the facility.
(6) The facility meets or exceeds State of Ohio provisions for daycare operations.
(Ord. 41-01. Passed 8-20-01.)
(f) Customary agricultural operations, excluding horses, including the sale of produce raised on the premises, provided such operation is over ten (10) acres in area and further provided that no storage of manure or odor or dust producing substance or use of the housing of farm animals, excluding horses, shall be permitted. The housing of horses shall comply with Section 1181.06.
(Ord. 88-05. Passed 11-21-05.)
(g) Accessory structures used as private kennels.
(h) Bed and Breakfast Inns provided that the following conditions are met:
(1) Structure. The structure is a single family, detached dwelling.
(2) Guest Rooms. There shall be no more than four (4) separate guest rooms within a single family dwelling that are utilized by bed and breakfast guests nor more than twenty-five (25) percent of a dwelling's net floor area, whichever is greater. A guest room shall contain no less than one hundred (100) square feet of living space, not including closets, for two guests and thirty (30) square feet for each additional guest up to a total of four (4) guests per room.
(3) Owner/Operator. The owner/operator of the bed and breakfast shall live full-time on the inn's premises. Such owner/operator shall be the owner of record of no less than fifty (50) percent interest of the property in question.
(4) Approval of Fire and Health Officers. Written approval from fire and health officers shall be required for each conditional use application requesting approval for a bed and breakfast inn. Each guest room shall contain a separate installed smoke detector alarm approved by the fire officer. No premises shall be utilized for a bed and breakfast inn unless there are at least two (2) separate exits to the outdoors.
(5) Meals. No more than one (1) meal shall be served to each paying guest of the bed and breakfast inn and that meal shall be breakfast.
(6) Consecutive Nights. A paying guest may stay at a bed and breakfast inn for not more than seven (7) consecutive nights at any single visit nor more than a total of twenty-eight (28) nights in any given year.
(7) Kitchen Facilities. Only one (1) kitchen facility shall be permitted per structure for which a conditional use is granted to operate a bed and breakfast inn. No cooking facilities shall be permitted in individual guest quarters.
(8) Bathrooms. A minimum of one (1) full bathroom, including shower, toilet and sink, shall be required for every two (2) guest rooms to be available for the exclusive use of bed and breakfast paying guests. Bed and breakfast inns shall be serviced by public sanitary sewer and water service.
(9) Guest Register. A guest register listing the name, address, phone number, and dates of stay of all paying guests shall be maintained by the owner/operator and shall be made available for inspection by Municipal officials.
(10) Special Gatherings. Rental of the bed and breakfast inn for special gatherings such as wedding receptions and parties shall be prohibited in all residential zoning districts or properties adjacent to a residential zoning district.
(11) Business License. A business license shall be required to be obtained from Canal Winchester.
(12) Public Nuisance. Bed and breakfast inns shall not be permitted and a conditional use shall be revoked or suspended by Council whenever the operation has been found by the Planning and Zoning Administrator to conflict with or violate public nuisance regulations under Section 1181.03.
(13) Employees. No more than two (2) individuals who are non-residents of the dwelling may be employed in the operation of a bed and breakfast inn, whether or not compensated.
(Ord. 41-01. Passed 8-20-01.)
1155.04 DEVELOPMENT STANDARDS.
(a) Lot and Building Requirements. The following lot and building requirements are minimum standards, except where noted, and shall apply in the Limited Density Residential District (R-1):
(1) Lot area: Twenty-five-thousand (25,000) square feet.
(2) Lot coverage (maximum): Thirty (30) percent.
(3) Lot width: One-hundred (100) feet of frontage on an improved public right- of-way.
(4) Lot width on a curving street or cul-de-sac: Sixty (60) feet of frontage on an improved public right-of-way and lot width shall be one-hundred (100) feet at the minimum building line.
(5) Front yard setback: Sixty (60) feet as measured between the street right-of- way line and the building setback line.
(6) Side yard setback: Fifteen (15) feet on each side as measured from the side property line.
(7) Rear yard setback: Forty (40) feet as measured from the rear property line; an accessory building may be located in the rear yard no less than eight (8) feet from the rear property line.
(8) Dwelling dimensions: The following dwelling dimensions measured in terms of square footage apply to all residential structures:
DWELLING TYPE | GROUND FLOOR AREA (square feet) | FINISHED FLOOR AREA (square feet) |
Two-story | 1,100 | 2,200 |
One-and-a-Half- Story | 1,400 | 2,000 |
One-Story | 1,800 | 1,800 |
Split Level | 1,800 | 1,800 |
(b) Supplemental Standards. The following supplemental standards shall apply within the Limited Density Residential District (R-1):
(1) No building shall exceed thirty-five (35) feet in height, nor more than two (2) stories in height.
(2) Any building with a height in excess of one and one-half (1 ½ ) stories or twenty (20) feet shall have a basement.
(3) Applicable standards shall be met in corresponding sections of this Zoning Code.
(Ord. 41-01. Passed 8-20-01.)
1157.01 PURPOSE.
The R-3 District is established as a moderate density, detached, single-family residential district and shall be serviced by public water and sanitary sewer systems. The R-3 provides for a residential character more dense than the R-1 District and where economies of scale support additional utility and infrastructure services.
(Ord. 41-01. Passed 8-20-01.)
1157.02 PERMITTED USES.
Land and buildings in the Low Density Residential District (R-3) shall be used only for the following purposes:
(a) Single-family detached dwellings.
(b) Accessory buildings and uses in association with a permitted dwelling.
(d) Private kennels.
(Ord. 41-01. Passed 8-20-01.)
(Ord. 41-01. Passed 8-20-01.)
1157.03 CONDITIONAL USES.
The following uses may be allowed in the Low Density Residential District (R-3) subject to approval in accordance with Chapter 1145:
(a) Churches and other similar places of worship and parish houses provided said use occupies a lot of not less than three (3) acres.
The minimum lot width is three hundred (300 feet).
The lot is adequate to accommodate the required off-street parking requirements of the church in accordance with Chapter 1185.
The church building is set back from any adjacent residential property line a distance equal to or greater than the height of the structure exclusive of the steeple or spire.
The church lot is accessible to a major arterial in a manner that does not require the passage of traffic through local residential streets.
There is one (1) acre or more per one hundred (100) seats or similar accommodations in the main assembly hall.
Accessory living quarters may be provided on the church lot as a conditional use. The location, density, and the additional lot area required for such uses shall be subject to approval by the Planning and Zoning Commission. Accessory recreational uses may be provided on the church lot as a conditional use subject to approval by the Planning and Zoning Commission.
(b) Public uses: parks, playgrounds, recreation and community center buildings and grounds, golf courses, public swimming pools, tennis courts and similar recreational uses, provided that any principal building or swimming pool used therefore shall be located not less than one-hundred and fifty (150) feet from any other lot in any residential district unless otherwise approved as part of the development plan within a planned development district.
(1) All golf course facilities shall be in accordance with the following provisions in addition to any other conditions required by the Planning and Zoning Commission:
A. The hours of operation of the golf course shall be limited from dawn to dusk to prevent undue disturbance to neighboring uses.
B. All maintenance equipment shall be stored in sheds or other structures and away from view.
C. No hole or green shall be located within two hundred (200) feet of an existing residential structure unless otherwise approved as part of the development plan within a planned district.
D. The Planning and Zoning Commission may require fencing, walls, landscaping, earth mounds or other measures where it is determined that buffering or screening is necessary to manage land use conflicts and/or protect the public safety unless otherwise approved as part of the development plan within a planned district.
F. The minimum floor area requirements for the clubhouse or management structure shall be five thousand (5,000) square feet.
G. Any golf courses hereinafter constructed within designated areas of Canal Winchester shall occupy not less than one hundred fifty (150) acres.
(2) All private outdoor recreational facilities shall be in accordance with the following provisions in addition to any other conditions required by the Planning and Zoning Commission:
A. Minimum lot area for a private recreational facility shall be no less than six (6) acres.
B. Setbacks: Front = 100 feet for structures and 75 feet for parking; Rear = 75 feet; Side = 75 feet.
C. All structures and playing fields for outdoor recreation shall be located at least two-hundred and fifty (200) feet and drives and parking areas shall be at least fifty (50) feet from any adjacent parcels where residences are a permitted use.
D. Where a landscaped screen is not already required adjacent to another parcel, one (1) deciduous tree shall be provided for every forty (40) feet of parking lot boundary and loading/unloading area, plus a three (3) foot average height continuous planting, hedge, fence wall or earth mound. The same parking lot perimeter screening shall also be provided adjacent to the public right-of-way. At least one tree per 5,000 square feet of parking area shall be provided within the parking lot.
E. All outdoor playing fields, courts and other similar outdoor recreation facilities must be secured at night to prevent unauthorized access. While no lighting will be permitted on any such outdoor recreation facility, security lights may be approved for any permanent facilities at the site.
F. The maximum density allowed on any parcel shall not exceed one (1) field for every five (5) acres.
G. A minimum of thirty-five (35) parking spaces shall be provided for every field at the site. All parking areas shall be constructed in accordance with Chapter 1185 of this Zoning Code.
H. A minimum eight (8) foot high landscaped screen or combination mound and plant material with a ninety (90) percent year round opacity shall be provided on any side of the site adjacent to parcels where dwellings are a permitted use. If a mound is used it shall be constructed with no more than a 4:1 slope. Mounds shall not be constructed to restrict the natural flow of surface water to or from the site.
I. Access shall be from an arterial street or commercial collector or shall be provided in a manner that does not cause heavy traffic on residential streets.
J. Permanent toilet facilities, connected to a sanitary sewer or other approved on site disposal system, must be provided with the following minimum number of fixtures: women -5 toilets and 2 lavatories, men - 1 toilet, 2 urinals and 2 lavatories, additional fixtures must be added at the rate of 3 for every 2 fields over 4 fields per site.
(3) All private indoor recreational facilities shall be in accordance with the following provisions in addition to any other conditions required by the Planning and Zoning Commission:
A. Minimum lot area for an indoor private recreational facility shall be no less than 5 acres.
B. Setbacks: Front = 100 feet for structures and 75 feet for parking; Rear = 75 feet; Side = 75 feet.
C. Driveways and parking areas shall be at least fifty (50) feet from any adjacent parcels where residences are a permitted use.
D. Where a landscaped screen is not already required adjacent to another parcel, one (1) deciduous tree shall be provided for every forty (40) feet of parking lot boundary and loading/unloading area, plus a three (3) foot average height continuous planting, hedge, fence wall or earth mound. The same parking lot perimeter screening shall also be provided adjacent to the public right-of-way. At least one tree per 5,000 square feet of parking area shall be provided within the parking lot.
E. No exterior lighting shall be positioned so as to extend glare on adjacent property or public right-of-way.
F. All activities shall be conducted entirely within an enclosed building.
G. Access shall be from an arterial street or commercial collector or shall be provided in a manner that does not cause heavy traffic on residential streets.
(c) Public and private schools.
(d) Home occupations associated with a principal use and in accordance with Chapter 1187.
(Ord. 41-01. Passed 8-20-01.)
(Ord. 41-01. Passed 8-20-01.)
(e) Customary agricultural operations, excluding horses, including the sale of produce raised on the premises, provided such operation is over ten (10) acres in area and further provided that no storage of manure or odor or dust producing substance or use of the housing of farm animals, excluding horses, shall be permitted. The housing of horses shall comply with Section 1181.06. (Ord. 88-05. Passed 11-21-05.)
(f) Accessory structures used as private kennels.
(g) Day care centers and pre-schools provided that the following conditions are met, where applicable:
(1) The building occupied by the use is compatible with neighborhood structures in dimension, size, and architecture.
(2) There is an outdoor play area of eighty-five (85) square feet or more per child.
(3) Such play area shall be enclosed with a chain link fence or its equivalent in strength and protective character to a height of five (5) feet to control accessibility of children to adjoining hazardous conditions such as streets, ponds, etc., or adjacent yards.
(4) A drop off area is provided so that children do not have to walk through the parking lot to enter the facility.
(6) The facility meets or exceeds State of Ohio provisions for daycare operations.
(h) Bed and Breakfast Inns provided that the following conditions are met:
(1) Structure. The structure is a single family, detached dwelling.
(2) Guest Rooms. There shall be no more than four (4) separate guest rooms within a single family dwelling that are utilized by bed and breakfast guests nor more than twenty-five (25) percent of a dwelling's net floor area, whichever is greater. A guest room shall contain no less than one hundred (100) square feet of living space, not including closets, for two guests and thirty (30) square feet for each additional guest up to a total of four (4) guests per room.
(3) Owner/Operator. The owner/operator of the bed and breakfast shall live full-time on the inn's premises. Such owner/operator shall be the owner of record of no less than fifty (50) percent interest of the property in question.
(4) Approval of Fire and Health Officers. Written approval from fire and health officers shall be required for each conditional use application requesting approval for a bed and breakfast inn. Each guest room shall contain a separate installed smoke detector alarm approved by the fire officer. No premises shall be utilized for a bed and breakfast inn unless there are at least two (2) separate exits to the outdoors.
(5) Meals. No more than one (1) meal shall be served to each paying guest of the bed and breakfast inn and that meal shall be breakfast.
(6) Consecutive Nights. A paying guest may stay at a bed and breakfast inn for not more than seven (7) consecutive nights at any single visit nor more than a total of twenty-eight (28) nights in any given year.
(7) Kitchen Facilities. Only one (1) kitchen facility shall be permitted per structure for which a conditional use is granted to operate a bed and breakfast inn. No cooking facilities shall be permitted in individual guest quarters.
(8) Bathrooms. A minimum of one (1) full bathroom, including shower, toilet and sink, shall be required for every two (2) guest rooms to be available for the exclusive use of bed and breakfast paying guests. Bed and breakfast inns shall be serviced by public sanitary sewer and water service.
(9) Guest Register. A guest register listing the name, address, phone number, and dates of stay of all paying guests shall be maintained by the owner/operator and shall be made available for inspection by Municipal officials.
(10) Special Gatherings. Rental of the bed and breakfast inn for special gatherings such as wedding receptions and parties shall be prohibited in all residential zoning districts or properties adjacent to a residential zoning district.
(11) Business License. A business license shall be required to be obtained from Canal Winchester.
(12) Public Nuisance. Bed and breakfast inns shall not be permitted and a conditional use shall be revoked or suspended by Council whenever the operation has been found by the Planning and Zoning Administrator to conflict with or violate public nuisance regulations under Section 1181.03.
(13) Employees. No more than two (2) individuals who are non-residents of the dwelling may be employed in the operation of a bed and breakfast inn, whether or not compensated.
(Ord. 41-01. Passed 8-20-01.)
1157.04 DEVELOPMENT STANDARDS.
(a) Lot and Building Requirements. The following lot and building requirements are minimum standards, except where noted, and shall apply in the Low Density Residential District (R-3):
(1) Lot area: Fourteen thousand three hundred and seventy five (14,375) square feet.
(2) Lot coverage (maximum): Thirty (30) percent.
(3) Lot width: Eighty (80) feet of frontage on an improved public right-of- way.
(4) Lot width on a curving street or cul-de-sac: Forty-five (45) feet of frontage on an improved public right-of-way and lot width shall be eighty (80) feet at the minimum building line.
(5) Front yard setback: Thirty (30) feet as measured between the street right- of-way line and the building setback line.
(6) Side yard setback: Ten feet on each side as measured from the side property line.
(7) Rear yard setback: Thirty (30) feet as measured from the rear property line. Accessory building may be located in the rear yard no less than eight (8) feet from the rear property line.
(8) Dwelling dimensions: The following dwelling dimensions measured in terms of square footage shall apply to all residential dwellings in the R-3 district:
DWELLING TYPE | GROUND FLOOR AREA (square feet) | FINISHED FLOOR AREA (square feet) |
Two-story | 950 | 1,900 |
One-and-a-Half-Story | 1,250 | 1,700 |
One-Story | 1,500 | 1,500 |
Split Level | 1,500 | 1,500 |
(b) Supplemental Standards. The following supplemental standards shall apply within the Low Density Residential District (R-3):
(1) No building shall exceed thirty-five (35) feet in height, nor more than two (2) stories in height.
(2) Any building with a height in excess of one and one-half (1½) stories or twenty (20) feet shall have a basement.
(3) Applicable standards shall be met in corresponding sections of this Zoning Code.
(Ord. 41-01. Passed 8-20-01.)
1159.01 PURPOSE.
(a) The purpose of this district is to allow the optional development of land consistent with the design principles of "traditional" neighborhoods. These principles provide an opportunity for diversification and integration of land uses including residential, retail, office, recreation, etc., within close proximity to one another, thereby providing for many of the daily needs of the inhabitants of the neighborhood.
(b) The district is designed to be self-contained, tightly grided, and pedestrian-oriented to encourage socializing, walking, and other aspects of a vibrant outdoor urban experience. The traditional neighborhood district (TND) is an optional zoning district/category.
(Ord. 41-01. Passed 8-20-01.)
1159.02 DESIGN OBJECTIVES.
The provisions of this district are intended to establish a neighborhood which:
(a) Is physically recognizable and limited in size.
(b) Places residences, shops, workplaces, and civic buildings in close proximity to one another within the neighborhood, thereby maximizing transportation choice and reducing the number and length of motor vehicle trips, traffic congestion, and need for road widening. Compatibility of buildings, uses, and other improvements is determined by their arrangement, scale, character, and landscaping to establish a livable, harmonious, and diverse environment.
(c) Establishes a hierarchy of streets serving equitably the needs of the pedestrian, the bicyclist, the bus rider, and the motorist. Streets are interconnected and blocks are small.
(d) Places civic buildings and squares in prominent locations that act as landmarks, symbols and focal points for community identity. Such buildings and squares provide places of assembly for social activities.
(e) Links civic buildings, squares, and parks with pedestrian paths and greenways to provide places for social activity and recreation.
(f) Includes private buildings forming a consistent, distinct edge, spatially delineating the public street space and the private block interior.
(g) Includes architecture and landscape that are consistent with the unique character of the region.
(h) Provides defined public spaces such as streets and squares, allowing citizens to know each other and watch over their collective security.
(i) Provides a full range of housing types and work places, allowing all age groups and economic classes to integrate in an authentic community.
(j) Provides trees of the same size, shape or type to create visual continuity and a unified.
(Ord. 41-01. Passed 8-20-01.)
1159.03 DEFINITIONS.
The following definitions shall be applicable in the TND District. When there are conflicts between the terms used herein and definitions as provided elsewhere in the Code of Zoning Codes, the provisions of this district shall take precedence. Terms used throughout this district shall take their commonly accepted meaning unless otherwise defined in this Zoning Codes. Terms requiring interpretation specific to this district are as follows:
(1) "A" Street. A street which is designed with, or otherwise characterized by, features that promote the safety, comfort, and convenience of pedestrians, and does so in a relatively exceptional way. Such streets typically feature sidewalks at least five feet wide, narrow streets, buildings pulled up close to the street, no front yard off-street parking, pedestrian-scaled lighting, on- street parking, landscaped medians, articulated building walls, aligned building facades, a building entrance on the street, modest turning radii, trash receptacles remote from the sidewalk, and outdoor mechanical equipment on the side, rear or roof of buildings.
(2) Alley. A vehicular passageway providing secondary and/or service access to the sides or rear of building lots.
(3) Artisanal Use. The manufacture and sale of artifacts utilizing only hand- held and/or table-mounted electrical tools. Such a use must be contained within a completely enclosed building.
(4) Block. The gross area of lots and adjacent alleys, circumscribed by streets.
(5) Civic Building. A building, either publicly or privately owned, located on a civic lot used for any permitted or required civic use.
(6) Colonnade. A roof or building structure, extending over the sidewalk, open to the street and sidewalk except for supporting columns or piers. Awnings are permitted within the TND but are not considered colonnades. Colonnades shall not cause roof drainage into the public right-of-way.
(7) Cornice Line. A molded and projecting horizontal member that crowns an architectural composition. A cornice line shall project a minimum of 2 inches from the front elevation of the structure.
(8) Drive-through. Establishments which provide services or sales that are extended mechanically or personally to customers who do not exit their motorized vehicle. Such facilities include banking facilities, restaurants, food sales, dry cleaning, express mail services and other services. Not included in this definition are auto fuel pumps and depositories which involve no immediate exchange or dispersal to the customer, such as mailboxes, library book depositories and recycling facilities.
(9) Edge Area. A continuous open area which defines and buffers the edge of a TND and each neighborhood proper. Edge areas shall be preserved in perpetuity to buffer adjacent land uses, preserve natural areas, and provide linked greenway corridors.
(10) Formal landscaping. Street trees or shrubs that form an aligned street wall parallel to the street. When used, brick-paved sidewalks or tree grates may be required to be constructed using engineered soil to accommodate root growth for long-term tree stability and infrastructural compatibility. This tree arrangement forms an intimate, comfortable, dignified public place along a corridor. The arrangement is often useful to visually "narrow down" a corridor when facing buildings on a street are set too far apart or are of insufficient height to establish a comfortable street width to building height ratio of 3:1 to 1:1.
(11) Front Porch An un-air conditioned roofed structure attached to the front and along a side walked street side of the unit, having a minimum depth of 6 feet and a minimum width of 12 feet. Except for insect screening and supporting columns, front porches shall not be enclosed above the minimum railing height allowed by the Standard Building Code. All or a portion of the front porch may encompass a ramp providing handicap access. Front porches may encroach up to 10 feet beyond the build-to line.
(12) Frontage. That side of a lot abutting a street right-of-way. When a lot abuts more than one street, it is that side that abuts the more primary street or the street designed for the highest pedestrian volume. For a corner lot, all sides abutting a street shall be considered frontage.
(13) Lodging Use. Buildings providing food service and bedrooms for rent or lease.
(14) Lodging Use, Limited. The provision of no more than 4 bedrooms for rent or lease. Food service may be included between the hours of 6:00 am to 11:00 am. The maximum length of stay shall not exceed 14 days.
(15) Lot or Building Lot. A separately platted portion of private land, not including the specified sidewalk area.
(16) Meeting Hall. A building designed for public assembly.
(17) Neighborhood Proper. The built-up area planned for development within a TND, including blocks, streets, squares, and parks, but excluding adjacent edge areas and through streets.
(18) Office Use, Limited. The transaction of business or the supply of professional services, employing no more than eight (8) persons.
(19) Outbuilding. A detached accessory use building on a residential lot, for residential, parking, or storage use only.
(20) Park. A public open space whose area is delineated by the surrounding building frontage lines within the neighborhood proper. Parks shall be surrounded by building frontage lines on at least 50 percent of the park's perimeter.
(21) Pedestrian Pathways. Interconnecting paved walkways that provide pedestrian passage through blocks running from street to street. For the purposes of this district, pathways are not sidewalks.
(22) Plaza. An open space area within a town center on which many or all Shopfront lots front. Plazas shall be limited to parking, landscaping, and permanent architectural and/or water oriented features.
(23) Private Open Space. That space on each building lot that is for the private use of the inhabitants of such lot. Said space shall be unenclosed except for being fenced or walled, and open to the sky except for roofed porches. Atriums, gardens, garden courts, walks, patios, and other similar spaces shall count as private open space. Up to one third of the private open space area may be a roof terrace.
(24) Screening wall. A wall made of fieldstone, brick, stucco, wrought-iron (or equivalent to wrought-iron), or wood picket excluding round industrial railing and chain link fence.
(25) Square. An outdoor public civic tract whose area is defined by streets or adjacent buildings. Squares shall include streets on at least three sides. Squares shall be surrounded by Shopfronts, Rowhouses, or Civic Use lots on at least 60 percent of their perimeter. No more than 40 percent of the square may be used for parking.
(26) Streetedge. The vertical face formed by building facades, street trees, and screening walls which is aligned along a street and forms a comfortable people-scaled space.
(27) Street Vista. A view through or along a street centerline which is at least 600 feet in length.
(28) Through Street. A major collector or arterial street which serves more than one neighborhood, or carries traffic between neighborhoods proper.
(29) Town Center. An optional and accessory use to the TND providing for larger scale commercial Shopfront Uses in buildings that front a plaza.
(30) Vertical integration. Mixed, dissimilar land uses are contained within the same building usually on different floors of a multi-story building. By contrast, a horizontal integration represents a mix of land uses that are near each other but in separate buildings.
(Ord. 41-01. Passed 8-20-01.)
1159.04 MINIMUM AND MAXIMUM SIZE, DENSITY OF TND.
All applications for a TND shall comply with the following development parameters:
(a) Size and Location of Site. The minimum size of each neighborhood proper shall be sixteen (16) acres unless approved by the Planning and Zoning Administrator. A neighborhood proper shall be developed on contiguous lots or tracts.
(b) Density. The requested densities, in terms of number of units per gross residential acre and total number of dwelling units, shall be made at the time of application, and shall be at least eight (8) du/ac but may not exceed twelve (12) du/ac.
(Ord. 41-01. Passed 8-20-01.)
1159.05 GENERAL DEVELOPMENT CRITERIA.
(a) Land Use.
(1) The entire land area of the TND shall be divided into blocks, streets, and lots, and optional edge areas. (Ord. 41-01. Passed 8-20-01.)
(2) Permitted Uses. All uses permitted in R-1, R-3, MF-A, MF-C, NC, GC and SO districts are permitted within the TND.
(Ord. 25-09. Passed 5-4-09.)
(3) Similar land uses (uses within the same land use category) shall generally face across streets. Dissimilar uses, when adjacent, shall abut at rear lot lines. Parks and Squares Uses and Civic Uses are considered similar land uses for the purposes of this provision.
(4) Neighborhoods shall be limited in size or shape to allow residents to walk to the neighborhood square.
(5) The TND shall contain a meeting hall or clubhouse, and neighborhood square within 1,000 feet of the geographic center of each neighborhood.
(6) A neighborhood proper shall provide areas of mixed use (residential and commercial) buildings and shall encourage by design the clustering of living, working, recreation, shopping, and civic uses.
(7) A drive-through is allowed under the following conditions:
A. No more than one drive-through lane is allowed within the neighborhood proper.
B. The drive-through must not have its entrance or exit drive onto an "A" Street.
C. The drive-through is located at the rear or side of the building.
(b) Streets and Alleys.
(1) Streets shall provide access to all lots and all residential lots shall abut an alley, unless the Planning and Zoning Administrator determines that good cause exists to omit an alley or a portion of an alley.
(2) All streets and alleys shall connect to other streets within the TND. All streets shall connect to existing and projected streets outside the TND, when possible. Cul-de-sacs, T-turnarounds and gated or dead-end streets are not permitted within the TND.
(3) Pedestrian pathways shall be not less than four (4) feet in width.
(4) Utilities shall run underground or along an alley to the rear of a lot.
(5) Street lighting shall be provided along all streets. The general rule for lighting in a TND is to prefer more, smaller lights as opposed to fewer, high-intensity lights, to provide a more human scale. Street light structures shall not exceed 18 feet in height. Streetlights shall be installed on both sides of streets at intervals no longer than 75 feet measured parallel to the street. Building, wall, and freestanding exterior lighting fixtures shall be directed downward in order to reduce glare onto adjacent properties and streets. If the provisions for lighting of this TND District conflict with the municipal lighting policy, the provisions of the TND District shall prevail.
(6) The TND plan shall designate publicly and privately owned civic lots and, where possible, the general location of a civic building at the terminus of street vistas for all major internal streets. Termination of street vistas with a prominent public monument, specifically designed building facade, or a gateway to the ensuing space, is also encouraged.
(7) A neighborhood’s residences, shopping, employment, and recreation shall be connected by sidewalks, pedestrian paths, bicycle paths, and local streets.
(8) All streets shall have a six-inch high curb except for streets in House Use areas, where they are encouraged but not required. A curb, six inches in height, is required at all street intersections. There shall be curb cuts providing handicap access at all intersections and points of pedestrian crossing. Curb interruptions are permitted only for alleys, handicap access, and parking access points specified herein.
(9) Shopfront Use lots, Rowhouse Use lots, House Use lots, and Workplace Use lots shall have their rear lot lines coinciding with an alley. Alleys shall be designed in such a manner as to ensure compatibility with its intended use.
(10) Other street specifications:
Shopfront | Rowhouse | House | Workplace | |
Typical street right-of-way | 60 feet | 50 feet | 46 feet | 60 feet |
Number of street travel lanes | 2 | 2 | 2 | 2 |
Travel lane widths | 11 feet | 10 feet | 10 feet | 12 feet |
Number of parallel parking lanes | At least 1 | At least 1 | 0 | At least 1 |
Width of parallel parking lane | 8 feet | 8 feet | NA | 8 feet |
Sidewalk on both sides of street | Yes | Yes | Yes | Yes |
Minimum width of sidewalk | 8 feet | 6 feet | 6 feet | 8 feet |
Maximum intersection curb radius* | 10 feet | 10 feet | 10 feet | 15 feet |
Design speed of streets | 25 mph | 25 mph | 25 mph | 25 mph |
* Or larger as determined by the Planning and Zoning Administrator due to reasonably expected traffic volumes or traffic types as noted by "Traditional Neighborhood Development Street Design Guidelines," by ITE, 6/97. | ||||
(11) Parallel parking shall be located adjacent to all Shopfront lots when such lots front a square, park and/or plaza. Otherwise, parallel parking is encouraged.
(12) Shopfront Use lots and Rowhouse Use lots may front on a square or park tract. In addition, a public access easement shall provide for public passage for Shopfront Use sidewalks -- excepting an area within four (4) feet of the Shopfronts which may be occupied by furniture for restaurants.
(13) For House Use lot streets, planting strips are required on each side. However, a parallel parking lane may be used in place of either planting strip.
(14) Shopfront Use lots and Workplace Use lots may front on through streets if approved by the Planning and Zoning Administrator. Shopfront Use lots may also front on a town center.
(15) If colonnades are provided on Shopfront Use lot streetside sidewalks, no street trees are required on that side of the street.
(c) Lots and Buildings.
(1) Consistent build-to lines shall be established along all streets and public space frontages. This build-to line shall determine the width and ratio of enclosure desired for each street or public space. A minimum percentage build-out at the build-to line shall be established on the plan along all streets and public square frontages.
(2) All buildings shall have their main entrance opening to a street or square (except outbuildings).
(3) Stoops, colonnades, chimneys, arcades, awnings, cafes, projecting signs and front porches may encroach up to 10 feet into the front setback, as long as sufficient space for the required sidewalk width is retained.
(d) Facade Treatment.
(1) No more than 20 feet of horizontal distance of wall shall be provided without facade articulation or architectural relief for building walls and frontage walls facing the street. Façade articulation or architectural relief can include, but is not limited to, pilasters, windows, pedestrian entrances, arcades, awnings, shutters and canopies, or other types of building massing that modulates the building mass or surface texture. Facade articulation shall maintain a distinction between the street-level story and upper stories.
(2) The rhythm established by the repetition of the facade elements shall be maintained.
(e) All outdoor mechanical equipment, such as heating, air conditioning, and ventilation systems, must be placed on the roof, in the rear or side of the building, or otherwise visually screened from the street. In no case shall mechanical equipment be allowed along street frontage(s). Mechanical equipment on the roof shall be screened from abutting streets with parapets or other types of visual screening.
(Ord. 41-01. Passed 8-20-01.)
(f) Signage. A comprehensive sign program is required for the entire TND which establishes a uniform sign theme. Signs shall share a common style (color scheme, type, size, material), as approved by the Planning and Zoning Commission.
(Ord. 88-05. Passed 11-21-05.)
1159.06 LAND USE CATEGORIES.
(a) Parks and Squares Use.
(1) Land use.
A. Land designated for Parks and Squares Use shall be tracts consisting of parks, squares, edge areas, and Civic Use lots and buildings.
B. The only buildings permitted in Parks and Squares Use tracts shall be Civic Use buildings.
C. A maximum of fifteen (15) percent of a park or square may be used as a Civic Use lot.
D. Large-area recreational uses requiring more than three (3) acres of land, such as golf courses and multiple ball fields, shall be located outside the neighborhood proper, but may be located within edge areas between neighborhoods proper.
(2) Land allocation.
A. A minimum of five (5) percent of the gross area of the neighborhood proper shall be permanently allocated to tracts totally composed of parks or squares. No single square or park can be more than 45 percent of the Parks and Squares Use area.
B. Squares and parks shall have at least 50 percent of their perimeter abutting streets. A square shall be surrounded by Shopfront Use lots or Rowhouse Use lots on at least 60 percent of its perimeter (perimeter being defined as the aggregate of the frontage lines of the surrounding lots). Such lots surrounding the square shall serve as a focal point for the social life of the neighborhood by providing a neighborhood store, bus stop, and/or other neighborhood services. In addition, it is strongly recommended that a day care center be provided. Parks shall be surrounded by building frontage lines whose collective linear footage is equivalent to at least 50 percent of the park perimeter's linear footage.
(3) Parking. Parking on Parks and Squares Use tracts shall be restricted to required parking for Civic Use facilities located thereon.
(b) Civic Use.
(1) Land use.
A. Land designated for Civic Use shall be lots containing community buildings which shall be open to the public, including, but not limited to, meeting halls, libraries, schools, day care centers, police stations, fire stations, post offices, clubhouses, religious buildings, museums, cultural societies, visual and performance arts buildings, and governmental buildings.
B. The maintenance of commonly-owned buildings on Civic Use lots shall be supported by a permanent assessment dedicated to this purpose and administered according to the common maintenance provisions provided in the Ownership and Maintenance of Common Open Space(s) and Civic Use Buildings section.
(2) Land allocation.
A. Civic Use building lots shall constitute a minimum of 2 percent of the gross area of the neighborhood proper.
B. Civic Use lots shall be located within or adjacent to a square or park tract, or on a lot terminating a street vista.
C. The developer shall include a covenant in the property owners association or condominium association documents to construct a meeting hall or clubhouse on a Civic Use lot, on or adjacent to the mandatory square, upon the sale of 50 percent of the lots and/or units of the neighborhood proper end users.
(3) Lots and buildings. Buildings located on Civic Use lots do not have a height limit.
(4) Parking.
B. When on-site parking is provided, no less than 75 percent of the off- street parking places shall be to the rear of the building. Access may be through the frontage.
(5) Signage. Two wall signs, not to exceed a combined total of 16 square feet, shall be permitted for each building.
(c) Shopfront Use.
(1) Land use.
A. Land designated for Shopfront Use shall be in building lots containing buildings for residential, including lodging, and commercial uses as provided in the General Commercial District, and other similar uses as approved by Council at the time of rezoning to TND, except those listed as prohibited uses, general development criteria.
B. Residential uses are not permitted on the ground floors of Shopfront Use buildings.
C. An outbuilding is permitted on each lot.
(2) Land allocation.
A. Shopfront Use building lots shall comprise a minimum of 2 percent and a maximum of 30 percent of the gross area of the neighborhood proper.
B. A maximum of two (2) Shopfront Use lots may be consolidated for the purpose of constructing a single building.
C. A maximum of 50 percent of all Shopfront Use lots may be consolidated.
D. A minimum of two (2) Shopfront Use lots shall front on the mandatory square.
(3) Lots and buildings.
A. Street-front entries shall be at grade to allow handicap access.
B. Buildings on Shopfront Use lots shall have the facade built directly on the frontage line along at least 70 percent of its linear frontage. For lots at street intersections, the building shall be built directly on the side street frontage for at least 50 percent of its linear frontage.
C. The unbuilt portion of the frontage line shall have a decorative screening wall built directly upon it. Walls shall have an opening at no more than 100 feet to allow pedestrian access.
D. Buildings on Shopfront Use lots shall have a setback of zero feet along at least one side property line. There shall be no required rear setback.
E. Buildings on Shopfront Use lots shall be at least two (2) stories in height and shall not exceed four (4) stories in height.
F. Unenclosed balconies shall be permitted to extend up to six (6) feet over the sidewalk.
G. Colonnades are required when Shopfront Use lots front on the mandatory square. Enclosed space shall be permitted directly above the sidewalk.
(4) Parking. No less than 75 percent of the parking spaces shall be to the rear of the building. Access may be through the frontage only if an alley or side street providing access to the alley is not within 200 linear feet of the lot.
(5) Signage. All signs shall be wall signs or cantilever signs. Signs shall not exceed a cumulative total of 24 square feet per building, with no more than three (3) signs per building. Individual cantilever signs shall be mounted perpendicular to the building face and shall not exceed eight (8) square feet. No sign shall be mounted above the first floor of the building.
(d) Rowhouse Use.
(1) Land use.
A. Land designated for Rowhouse Use shall be on lots containing buildings for residential uses including townhouse, family day care, and limited office, limited lodging, and artisanal use. Where non- residential uses are proposed, at least fifty percent (50%) of the gross square footage shall be restricted to residential use for each Rowhouse land use district.
B. 100 percent of the building area above the ground floor shall be designated for residential use.
C. An outbuilding is permitted on each lot.
(2) Land allocation.
A. Rowhouse and/or House Use building lots shall constitute a minimum of 20 percent and a maximum of 60 percent of the gross area of the neighborhood proper.
B. A maximum of five (5) Rowhouse Use lots may be consolidated for constructing a single building containing multi-family dwellings.
C. A maximum of 50 percent of all Rowhouse Use lots may be consolidated.
(3) Lots and buildings.
A. No minimum or maximum lot width.
B. Rowhouse Use buildings with the minimum setback shall have their front entry set to one side of the facade.
C. Rowhouse Use buildings shall be attached (built with no side setback or as a single building) at not less than five (5) unit segments. Lots comprising the end of the block adjacent to the street or alley may be attached in segments of two (2) to five (5) units.
D. Buildings on Rowhouse Use lots shall be set back zero (0) to fifteen (15) feet from the frontage line. Buildings at street intersections shall be set back six (6) feet from frontage line and side street line. Setback requirements shall apply to the enclosed portion of the buildings only.
E. Buildings on Rowhouse Use lots shall have a setback of zero feet from at least one side property line. There shall be no required rear setback.
F. Outbuildings shall have no required setbacks.
G. Setbacks on consolidated Rowhouse Use lots shall apply as in a single lot.
H. Buildings on Rowhouse Use lots shall not exceed four (4) stories in height and, when fronting a square, be no less than three (3) stories in height. A cornice line shall be used to define the first floor.
I. Buildings on Rowhouse Use lots shall be raised a minimum of 18 inches from finished exterior sidewalk grade.
J. A minimum of 30 percent of the building lot area shall be developed as private open space.
K. Rowhouse Use lots shall have a streetedge built along the unbuilt parts of the frontage line.
L. A minimum of 25 percent of the buildings on Rowhouse Use lots shall have front porches. Front porches may encroach beyond the build-to line and shall count towards private open space requirements.
(4) Parking. All off-street parking places shall be to the rear of the building. Access shall be through a vehicular alley only.
(5) Signage.
A. All signs shall be wall signs. Signs shall be limited to two (2) per building and shall not exceed a cumulative total of four (4) square feet. No signs shall be mounted above the first floor of a structure.
B. Entry features are not included in the above signage totals.
(e) House Use.
(1) Land use.
A. Land designated for House Use shall be on lots containing buildings for residential uses, including single-family houses, guest houses as outbuildings, home occupations pursuant to Chapter 1187.
B. One hundred percent (100%) of the building area above the ground floor shall be designated for residential use.
C. An outbuilding is permitted on each lot.
(2) Land allocation.
A. House and/or Rowhouse Use building lots shall constitute a minimum of 20 percent and a maximum of 60 percent of the gross area of the neighborhood proper.
B. A maximum of two House Use lots may be consolidated for constructing a single residence.
C. A maximum of 50 percent of all House Use lots may be consolidated.
(3) Lots and buildings.
A. Buildings on House Use lots shall be set back zero (0) to twenty (20) feet from the frontage line. Buildings at street intersections shall be set back 10 feet from the frontage line and the side street frontage.
B. House Use building lots shall have a maximum width of 75 feet.
C. Setbacks on consolidated House Use lots shall apply as on a single lot.
D. Buildings on House Use lots shall be set back from the side building lot lines equivalent (in total) to at least 20 percent of the width of the building lot. The entire setback may be allocated to one side.
E. Buildings on House Use lots shall be set back no less than 20 feet from the rear lot line. Outbuildings on House Use lots shall have no required setback.
F. Buildings on House Use lots shall not exceed three (3) stories in height.
G. Buildings on House Use lots shall have a streetedge built along the frontage line.
H. A minimum of fifty percent (50%) of the buildings on House Use lots shall have front porches. Front porches may encroach into the front setback.
(4) Parking. All off-street parking places shall be to the side or the rear of the building. Where no alley access exists and vehicular access is through the frontage, garage or carports shall be located a minimum of 20 feet behind the front building setback.
(f) Workplace Use.
(1) Land use. Land designated for Workplace Use shall contain buildings for any of the uses contained in the General Commercial or Suburban Office District.
(2) Land allocation.
A. Workplace Use building lots shall constitute a minimum of two percent and a maximum of twenty percent of the gross area of the neighborhood proper.
B. All Workplace Use lots shall be located within one geographic area with no intervening uses.
(3) Lots and buildings.
A. Buildings on Workplace Use lots shall have a setback of zero (0) to five (5) feet from the frontage line. The setback at street intersections shall not exceed five (5) feet from the frontage line and the side street line. Buildings have no setbacks from the side or rear lot lines.
B. Street-front entries shall be at grade to allow handicap access.
C. A minimum of 15 percent of the building lot area shall be developed as landscaped open space.
D. Buildings on Workplace Use lots shall not exceed three (3) stories in height.
E. Workplace Use lots shall be separated from other use types at the side and rear lot lines (excepting an entry on the alley) by a continuous masonry wall no less than three feet and no more than eight feet in height. Walls shall have an opening at no more than 100 feet to allow pedestrian access.
F. Workplace Use building lots shall have a maximum width of 300 feet.
(4) Parking. Off-street parking places shall be to the side or the rear of the building.
(5) Signage. All signs shall be wall-mounted and may be perpendicular to the building face with an 8-foot clearance to the sidewalk. Signs shall not exceed a cumulative total of 24 square feet, and shall be limited to three signs per building.
(Ord. 41-01. Passed 8-20-01.)
1159.07 OWNERSHIP AND MAINTENANCE OF COMMON AREA(S) AND CIVIC USE BUILDINGS.
All land designated on approved plans as common area, including squares and parks, alleys and all structures devoted to the common use of the inhabitants of a TND, will be owned
and/or maintained as follows:
(a) Those projects developed under a condominium ownership shall be in accordance with applicable Ohio law.
(b) On projects not developed under condominium ownership, the common area and Civic Uses shall be owned by a property owners' association, in which case the ownership shall be subject to covenants providing for the maintenance of common facilities in a manner that assures its continuing use for its intended purpose and provided that the property owners' association shall comply with the following requirements:
(1) Approval by the municipal attorney for form and legality as to compliance with this paragraph.
(2) An association shall be established before the units or individual building lots are sold.
(3) Membership shall be mandatory for each property owner and said association shall have the authority to adjust the assessment to meet the needs of maintaining the open space and common facilities.
(4) Any sums levied by the homeowners' association that remain unpaid shall become a lien on the individual property and said lien shall be superior to all other liens except tax liens and mortgage liens, provided said mortgage liens are first liens against the property encumbered thereby, subject only to tax liens and secure indebtedness which are amortized in monthly or quarter annual payments over a period of not less than 10 years.
(Ord. 41-01. Passed 8-20-01.)
1159.08 APPLICABILITY.
In the case of conflict between the Traditional Neighborhood Development District, and the Subdivision Regulations or any other sections of the Zoning Code, the provisions of the Traditional Neighborhood Development District, shall govern and prevail. To the extent that the provisions of the Traditional Development District, do not expressly amend or supersede the provisions of the underlying zoning districts, the provisions of the underlying districts shall apply.
(Ord. 41-01. Passed 8-20-01.)
1161.01 PURPOSE.
The following Old Town Zoning Districts are hereby established for preserving the character and development pattern of the Old Town area. The Old Town Zoning Districts allow for development intended to be compatible with existing properties in Old Town Canal Winchester. (Ord. 19-12. Passed 5-7-12.)
1161.02 OLD TOWN RESIDENTIAL SINGLE FAMILY (OT-SF).
(a) Permitted Uses. Land and buildings in the Old Town Residential Single Family District (OT-SF) shall be used only for the following purposes:
(1) Single-family detached dwellings.
(2) Accessory buildings and uses in association with a permitted dwelling.
(b) Conditional Uses. The following uses may be allowed in the Old Town Residential Single Family District (OT-SF) subject to approval in accordance with Chapter 1145:
(1) Churches and other similar places of worship and parish houses provided the following conditions are met:
A. The church building is set back from any adjacent residential property line a distance equal to or greater than the height of the structure exclusive of the steeple or spire.
B. The church lot is accessible to a major arterial in a manner that does not require the passage of traffic through local residential streets.
C. Private parking on the lot and public parking within two hundred (200) feet of the property are adequate to accommodate the required off-street parking requirements of the church in accordance with Chapter 1185.
D. There is one (1) acre or more per one hundred (100) seats or similar accommodations in the main assembly hall.
E. Accessory living quarters may be provided on the church lot as a conditional use. The location, density, and the additional lot area required for such uses shall be subject to approval by the Planning and Zoning Commission. Accessory recreational uses may be provided on the church lot as a conditional use subject to approval by the Planning and Zoning Commission.
(2) Public uses: parks, playgrounds, recreation and community center buildings and grounds, public swimming pools, tennis courts and similar recreational uses, provided that any principal building or swimming pool used therefore shall be located not less than fifty (50) feet from any other lot in any residential district unless otherwise approved as part of the development plan within a planned development district.
(3) Public and private schools.
(5) Day care centers and pre-schools provided that the following conditions are met, where applicable:
A. The building occupied by the use is compatible with neighborhood structures in dimension, size, and architecture.
B. There is an outdoor play area of eighty-five (85) square feet or more per child.
C. Such play area shall be enclosed with a fence or its equivalent in strength and protective character to a height of five (5) feet to control accessibility of children to adjoining hazardous conditions such as streets, ponds, etc., or adjacent yards.
D. A drop off area is provided so that children do not have to walk through the parking lot to enter the facility.
F. The facility meets or exceeds State of Ohio provisions for daycare operations.
(6) Bed and Breakfast Inns provided that the following conditions are met:
A. The structure is a single family, detached dwelling.
B. Guest Rooms. There shall be no more than four (4) separate guest rooms within a single family dwelling that are utilized by bed and breakfast guests nor more than twenty-five (25) percent of a dwelling's net floor area, whichever is greater. A guest room shall contain no less than one hundred (100) square feet of living space, not including closets, for two guests and thirty (30) square feet for each additional guest up to a total of four (4) guests per room.
C. Owner/Operator. The owner/operator of the bed and breakfast shall live full-time on the inn's premises. Such owner/operator shall be the owner of record of no less than fifty (50) percent interest of the property in question.
D. Approval of Fire and Health Officers. Written approval from fire and health officers shall be required for each conditional use application requesting approval for a bed and breakfast inn. Each guest room shall contain a separate installed smoke detector alarm approved by the fire officer. No premises shall be utilized for a bed and breakfast inn unless there are at least two (2) separate exits to the outdoors.
E. Meals. No more than one (1) meal shall be served to each paying guest of the bed and breakfast inn and that meal shall be breakfast.
F. Consecutive Nights. A paying guest may stay at a bed and breakfast inn for not more than seven (7) consecutive nights at any single visit nor more than a total of twenty-eight (28) nights in any given year.
G. Kitchen Facilities. Only one (1) kitchen facility shall be permitted per structure for which a conditional use is granted to operate a bed and breakfast inn. No cooking facilities shall be permitted in individual guest quarters.
H. Bathrooms. A minimum of one (1) full bathroom, including shower, toilet and sink, shall be required for every two (2) guest rooms to be available for the exclusive use of bed and breakfast paying guests. Bed and breakfast inns shall be serviced by public sanitary sewer and water service.
I. Guest Register. A guest register listing the name, address, phone number, and dates of stay of all paying guests shall be maintained by the owner/operator and shall be made available for inspection by Municipal officials.
J. Special Gatherings. Rental of the bed and breakfast inn for special gatherings such as wedding receptions and parties shall be prohibited in all residential zoning districts or properties adjacent to a residential zoning district.
K. Business License. A business license shall be required to be obtained from Canal Winchester.
L. Public Nuisance. Bed and breakfast inns shall not be permitted and a conditional use shall be revoked or suspended by Council whenever the operation has been found by the Planning and Zoning Administrator to conflict with or violate public nuisance regulations under Section 1181.03.
M. Employees. No more than two (2) individuals who are non-residents of the dwelling may be employed in the operation of a bed and breakfast inn, whether or not compensated.
(c) Development Standards.
(1) Lot and Building Requirements. The following lot and building requirements are minimum standards, except where noted, and shall apply in the Old Town Residential Single Family District (OT-SF):
A. Lot area: No minimum lot area is required, however, all lots shall abut an improved public right-of-way and lot area shall be adequate to provide the required yard space.
B. Lot coverage (maximum): No maximum lot coverage is required, however, the lot coverage shall be adequate to provide the required yard space.
C. Lot width: No minimum lot width is required, however, all lots shall abut an improved public right-of-way and have adequate width to provide the required yard space and meet minimum access requirements.
D. Front yard build to line: The principal structure shall be located no more than three (3) feet from the build to line. At least fifty (50) percent of the building's front elevation shall be located within the applicable variation from the build-to line range. No part of any structure shall be permitted within the public right of way. The build to line shall be calculated as the distance from the right of way equal to the average setback from the right of way of the existing buildings on the same side of the street. Buildings used in the build to line calculation shall meet the following:
i. Front on the same street as the subject property.
ii. Be located between the nearest cross streets, not including alleys.
iii. Be located on a property with an OT-C, OT-SF or OT-MF zoning.
E. Side yard setback: Five (5) feet on each side as measured from the side property line.
F. Rear yard setback: Twenty (20) feet as measured from the rear property line; an accessory building may be located in the rear yard no less than five (5) feet from the rear property line.
G. Dwelling dimensions: The following dwelling dimensions measured in terms of square footage shall apply to all residential dwellings in the Old Town Residential Single Family District (OT-SF):
DWELLING TYPE | GROUND FLOOR AREA (square feet) | FINISHED FLOOR AREA (square feet) |
Two-story | 950 | 1,900 |
One-and-a-Half-Story | 1,250 | 1,700 |
One-Story | 1,500 | 1,500 |
Split Level | 1,500 | 1,500 |
(2) Supplemental Standards. The following supplemental standards shall apply within the Old Town Residential Single Family District (OT-SF):
A. The height of a building shall not exceed any of the following: Thirty-five (35) feet, two (2) stories, or ten (10) percent higher than the immediately adjacent structures on the same side of the street. Buildings on corner lots shall not be ten (10) percent higher than the structure immediately adjacent on the same side of the street or ten (10) percent higher than the structure immediately to the rear.
B. Any building with a height in excess of one and one-half (1 1/2) stories or twenty (20) feet shall have a basement.
C. Applicable standards shall be met in corresponding sections of this Zoning Code.
(Ord. 19-12. Passed 5-7-12.)
1161.03 OLD TOWN RESIDENTIAL MULTI FAMILY (OT-MF).
(a) Permitted Uses. Land and buildings in the Old Town Residential Multi Family District (OT-MF) shall be used only for the following purposes:
(1) Multiple-unit residential structures not exceeding six (6) units per acre and twelve (12) units per building.
(2) Accessory buildings and uses in association with a permitted multiple-unit apartment residential structure, such as recreational facilities.
(b) Conditional Uses. The following uses may be allowed in the Old Town Residential Multi Family District (OT-MF) subject to approval in accordance with Chapter 1145:
(1) Churches and other similar places of worship and parish houses provided the following conditions are met:
A. The church building is set back from any adjacent residential property line a distance equal to or greater than the height of the structure exclusive of the steeple or spire.
B. The church lot is accessible to a major arterial in a manner that does not require the passage of traffic through local residential streets.
C. Private parking on the lot combined with public parking within two hundred (200) feet of the property are adequate to accommodate the required off street parking requirements of the church in accordance with Chapter 1185.
D. There is one (1) acre or more per one hundred (100) seats or similar accommodations in the main assembly hall.
E. Accessory living quarters may be provided on the church lot as a conditional use. The location, density, and the additional lot area required for such uses shall be subject to approval by the Planning and Zoning Commission. Accessory recreational uses may be provided on the church lot as a conditional use subject to approval by the Planning and Zoning Commission.
(2) Public uses: parks, playgrounds, recreation and community center buildings and grounds, public swimming pools, tennis courts and similar recreational uses, provided that any principal building or swimming pool used therefore shall be located not less than one-hundred and fifty (150) feet from any other lot in any residential district unless otherwise approved as part of the development plan within a planned development district.
(3) Public and private schools.
(c) Development Standards.
(1) Lot and Building Requirements. The following lot and building requirements are minimum standards, except where noted, and shall apply in the Old Town Residential Multi Family District (OT-MF):
A. Lot area: No minimum lot area is required, however, all lots shall abut an improved public right-of-way and lot area shall be adequate to provide the required yard space.
B. Lot coverage (maximum): No maximum lot coverage is required, however, the lot coverage shall be adequate to provide the required yard space.
C. Lot width: No minimum lot width is required, however, all lots shall abut an improved public right-of-way and have adequate width to provide the required yard space and meet minimum access requirements.
D. Front yard build to line: The principal structure shall be located no more than three (3) feet from the build to line. At least fifty (50) percent of the building's front elevation shall be located within the applicable variation from the build-to line range. No part of any structure shall be permitted within the public right of way. The build to line shall be calculated as the distance from the right of way equal to the average setback from the right of way of the existing buildings on the same side of the street. Buildings used in the build to line calculation shall meet the following:
i. Front on the same street as the subject property.
ii. Be located between the nearest cross streets, not including alleys.
iii. Be located on a property with an OT-C, OT-SF or OT-MF zoning.
E. Side yard setback: Five (5) feet on each side as measured from the side property line.
F. Rear yard setback: Twenty (20) feet as measured from the rear property line; an accessory building may be located in the rear yard no less than five (5) feet from the rear property line.
G. Dwelling dimensions: The following dwelling dimensions measured in terms of square footage shall apply to all residential dwellings in the Old Town Residential Multi Family District (OT-MF):
DWELLING TYPE | FINISHED FLOOR AREA (square feet) |
One Bedroom | 1,000 |
Each Additional Bedroom | 225 |
(2) Supplemental Standards. The following supplemental standards shall apply within the Old Town Residential Multi Family District (OT-MF):
A. The height of a building shall not exceed any of the following: Thirty-five (35) feet, two (2) stories, or ten (10) percent higher than the immediately adjacent structures on the same side of the street. Buildings on corner lots shall not be ten (10) percent higher than the structure immediately adjacent on the same side of the street or ten (10) percent higher than the structure immediately to the rear.
B. Two (2) or more multiple-unit structures located on the same lot shall locate no closer than five (5) feet from each structure.
C. Applicable standards shall be met in corresponding sections of this Zoning. (Ord. 19-12. Passed 5-7-12.)
1161.04 OLD TOWN COMMERCIAL (OT-C).
(a) Permitted Uses. Land and buildings in the Old Town Commercial District (OT-C) shall be used only for the following purposes:
(1) Retail Stores. Retail stores primarily engaged in selling merchandise for personal or household consumption and rendering services incidental to the sale of the goods (including the buying or processing of goods for resale) including:
A. General Merchandise: Hardware stores, department stores, mail order houses, limited price variety stores, and miscellaneous general merchandise stores.
B. Food: Grocery stores, meat and fish (seafood) markets, fruit stores and vegetable markets, candy, nut and confectionery stores, dairy products stores, retail bakeries, supermarkets, and miscellaneous food stores.
C. Apparel: Clothing, accessories and personal furnishing stores, shoe stores, custom tailors, furriers and fur shops, and miscellaneous apparel and accessory stores.
D. Home Furnishings: Furniture, home furnishings, and equipment stores, household appliance stores, and radio, television and music stores.
E. Eating and drinking places.
F. Electronic products.
G. Video rental store.
H. Miscellaneous Retail: Drug stores and proprietary stores, antique stores and secondhand stores, stationery stores, sporting goods stores and bicycle shops, jewelry stores, florists, cigar stores, news dealers, camera and photographic supply stores, gift, novelty and souvenir shops, optical goods stores, and miscellaneous retail stores not elsewhere classified.
I. Business Services: Advertising, duplicating, addressing blueprinting, photocopying, mailing, stenography, and business services not elsewhere classified.
(2) Business and Professional Offices. Business offices engaged in providing tangible and intangible services to the public, involving both persons and their possessions, including:
A. Administrative, Business and Professional Offices: Administrative offices primarily engaged in general administration, supervision, purchasing, accounting and other management functions, and professional offices engaged in providing tangible and intangible services to the general public, involving both persons and possessions, including financial services, real estate and insurance.
B. Professional: Offices of physicians and surgeons, dentists and dental surgeons, chiropractors, medical and dental laboratories, health and allied sciences not elsewhere classified, legal services, design services including engineering, architecture, landscape architecture, urban planning, graphic arts and interior design, and accounting, auditing and bookkeeping services.
C. Health care maintenance and emergency services.
(3) Personal and Consumer Services. Personal services generally involving the care of the person or his/her personal effects and consumer services generally involving the care and maintenance of tangible property or the provision of intangible services for personal consumption, including:
A. Personal: Photographic studios, including commercial photography, beauty shops, barber shops, fitness studios and personal training, shoe repair shops, pressing, alteration and garment repair, and miscellaneous personal service.
B. Repair Services: Electrical repair shops, watch, clock and jewelry repair, reupholsters and furniture repair, and similar household item repair shops and related services.
(4) Museums.
(6) Mixed Use. Multi-family residential shall be permitted within a mixed use building provided that no less than seventy percent (70%) of the ground floor area is used for commercial purposes which are open to the public to obtain goods or services. The multi-family residential units within a mixed use building shall meet the following standards.
A. Mixed use structures shall not exceed a residential density greater than twenty (20) units per acre or twenty-four (24) units per building.
B. Dwelling Dimensions: The following dwelling dimensions measured in terms of square footage shall apply to all multi-family residential dwellings within a Mixed Use structure in the Old Town Commercial District (OT-C):
DWELLING TYPE | FINISHED FLOOR AREA (square feet) |
One Bedroom | 700 |
Each Additional Bedroom | 160 |
C. Parking: There shall me a minimum of 1 parking space for each one residential unit located in the mixed use building, and a minimum of one parking space per 1,000 square feet or fraction thereof for the commercial space located within the building located on the same parcel, or a parcel under the control of the same owner within 300 feet of the parcel.
(b) Conditional Uses. The following uses may be allowed in the Old Town Commercial
District (OT-C) subject to approval in accordance with Chapter 1145:
(1) Automobile repair and services, automobile convenience markets, and automobile car washes as an accessory use.
(2) Recreation. Theaters, dance halls, dance studios, dance schools, bowling, swimming pools, martial arts studios, and skating rinks.
(3) Convenient Food Markets. Establishments for the sale of food only, gas pumps are not permitted.
(5) Licensed massage parlors.
(6) Animal Grooming or Training. Any grooming, training, or related activities of more than one animal commenced outside shall not be located within two-hundred (200) feet of R-1, R-3, MF-A, MF-C, AR-1, OT-SF, OT-MF and PRD zoning districts or residential sections of PUD, TND and PCND zoning districts. A designated area shall be identified for animals to relieve themselves.
(7) Sale of firearms, ammunition, or other deadly weapons.
(8) Drive-up window service or drive in restaurants.
(9) Exterminators.
(10) Other compatible uses not expressly prohibited by 1161.04(c).
(c) Prohibited Uses. The following uses shall be prohibited in the Old Town Commercial District (OT-C):
(1) Automobile service stations, automobile car washes as a principal use, automobile parking lots or garages as a principle use unless publically owned, and automobile sales unless exempted as a casual sale in Section 1153.20.
(2) Hotels and motels.
(3) Recreational uses except publicly owned & operated parks and recreational facilities.
(4) Offices of veterinarians and animal hospitals.
(5) Commercial kennels.
(6) Pool halls as defined in Section 701.01(c).
(7) Outdoor lumberyards.
(8) Pawn shops.
(9) Check cashing or short term loan establishments as a primary use.
(10) Funeral homes.
(11) Rehabilitation centers for drug addiction, alcohol addiction or other dependency.
(12) Mini-warehouses
(13) Laundromats
(d) Development Standards.
(1) Lot and Building Requirements. The following lot and building requirements are minimum standards, except where noted, and shall apply in the Old Town Commercial District (OT-C):
A. Lot Area: No minimum lot area is required, however, all lots shall abut an improved public right-of-way and lot area shall be adequate to provide the required yard space.
B. Lot Coverage (Maximum): No maximum lot coverage is required, however, the lot coverage shall be adequate to provide the required yard space.
C. Lot Width: No minimum lot width is required, however, all lots shall abut an improved public right-of-way and have adequate width to provide the required yard space and meet minimum access requirements.
D. Front Yard Build to Line: The principle structure shall be located no more than three (3) feet from the build to line. At least fifty (50) percent of the building's front elevation shall be located within the applicable variation from the build-to line range. No part of any structure shall be permitted within the public right of way. The build to line shall be calculated as the distance from the right of way equal to the average setback from the right of way of the existing buildings on the same side of the street. Buildings used in the build to line calculation shall meet the following:
i. Front on the same street as the subject property.
ii. Be located between the nearest cross streets, not including alleys.
iii. Be located on a property with an OT-C, OT-SF or OT-MF zoning.
E. Side Yard Setback: Zero (0) feet if the property does not directly abut a residentially zoned district. If the property abuts a residential district, the side yard setback from the side abutting the residential zoning district shall be eight (8) feet as measured from the side property line. Eaves, cornices, canopies, windowsills, balconies, bay windows, chimneys, or other architectural features shall not extend past any property line.
F. Rear Yard Setback: Twenty (20) feet as measured from the rear property line; an accessory building may be located in the rear yard no less than eight (8) feet from the rear property line.
(2) Outdoor Display or Storage of Materials. The placement of outdoor display or storage of materials shall be permitted per the following requirements:
A. The size of outdoor display or storage of materials areas for a single property shall not exceed twenty-five (25) square feet or exceed eight (8) feet in height. Outdoor display or storage of materials encompassing more than twenty-five (25) square feet in area shall be subject to Section 1181.02.
B. Any items displayed or stored shall only be placed outdoors during normal business hours of the business displaying or storing the item.
C. Outdoor display or storage areas shall not project into the right of way.
D. The outdoor display or storage of materials shall not have a substantial adverse impact on the use, enjoyment or property values of adjoining properties.
E. Any outdoor display or storage of materials not in conformance with this Zoning Code shall be considered in violation of Section 1135.10.
(3) Outdoor Seating in the Public Right of Way. Outdoor seating in the public right of way shall be permitted per the following requirements:
A. Permit Required. No outdoor seating in the public right of way shall be conducted until a Special Right of Way Permit application has been submitted and issued per the requirements of Sections 1197.03 and 1197.04. Staff may administratively renew the grant of consent on a year-to-year basis provided the continued use of the right of way does not adversely affect the public health, safety and welfare.
B. Indemnity Agreement. An indemnity agreement shall be submitted with the Special Right of Way Permit application . Such agreement shall provide that the applicant will hold the City of Canal Winchester and its officials and employees harmless of all liability which might arise as a result of accidents, injuries or damages suffered within the public right of way or as a result of the use of the right-of-way as authorized by this section, and to fully indemnify the City of Canal Winchester, its officials and employees, in the event the City is required to pay such losses. The applicant must keep current liability insurance in the minimum amount of one million ($1,000,000.00) listing the City of Canal Winchester as an additional insured during the time of operation of any outdoor seating in the public right of way.
C. The permit holder is responsible for ensuring that all activity is contained within the approved area identified on the permit.
D. The use of public right of way for outdoor dining shall only be permitted incidental to the operation of a business on private abutting property. The outdoor dining area shall only project into the right of way directly adjacent to the subject business space.
E. Any projections into the right of way shall maintain a minimum of five (5) feet of unobstructed sidewalk width between the outdoor seating and the curb for pedestrian traffic.
F. All items placed in the right of way, including, but not limited to chairs, tables, fencing, lighting and refuse containers, shall be temporary in nature and shall be constructed and displayed in such a manner as to allow for their easy removal. The design, quality, materials and colors used for such items shall complement the architectural style and colors used on the associated building. All items placed in the right-of-way shall receive Certificate of Appropriateness approval, issued by the Landmarks Commission, per section 1175.01(e).
G. Portable umbrellas are permitted provided they do not interfere with the required unobstructed sidewalk and do not contain advertising.
H. The preparation of food, beverages, and other items shall take place inside the associated establishment.
I. Outdoor dining in the public right of way shall not be open to patrons between the hours of 11:00 p.m. and 6:00 a.m.
J. A Special Right of Way Permit for outdoor seating in the public right of way may be suspended or revoked at any time (upon a fourteen (14) day notice) for a public use of the right of way such as street, sidewalk or utility maintenance, sidewalk or street widening, public festivals or other event. All, or a portion of, outdoor dining shall be removed from the right of way during the permit suspension at the discretion of the City of Canal Winchester.
K. A Special Right of Way Permit for outdoor seating in the public right of way may be revoked at any time (upon a fourteen (14) day notice) for failure to comply with the regulations set forth in Section 1161.04(3). Outdoor seating remaining in the public right of way after a notice to remove has been issued shall be in violation of Section 1135.10.
L. In the event the outdoor seating is abandoned or not being utilized, the right of way shall be restored to the current condition.
(4) Supplemental Standards. The following supplemental standards shall apply within the Old Town Commercial District (OT-C):
A. The height of a building shall not exceed any of the following: Thirty-eight (38) Forty (40) feet, or three (3) stories.
B. Applicable standards shall be met in corresponding chapters of this Zoning Code.
(Ord. 18-025. Passed 8-20-18.)
1163.01 PURPOSE.
(a) The Multi-Family Residential Districts shall consist of the following subdistricts: Multi-Family Apartment Residential District (MF-A) and Multi-Family Condominium Residential District (MF-C).
(b) The Multi-Family Apartment Residential District (MF-A) is established as a medium density multi-family district intended to allow renter properties in an apartment configuration at suitable locations with on-site amenities, such as recreational facilities, and off-street parking.
(c) The Multi-Family Condominium Residential District (MF-C) is established as a medium density multi-family district intended to allow owner occupied properties in a condominium configuration at suitable locations with on-site amenities, such as recreational facilities, and off-street parking.
(d) Such uses in the Multi-Family Residential Districts (MF-A or MF-C) shall be serviced by public water and sanitary sewer systems.
(Ord. 25-09. Passed 5-4-09.)
1163.02 PERMITTED USES.
Land and buildings in the Multi-Family Residential Districts (MF-A and MF-C) shall be used only for the following purposes as indicated under each specific subdistrict:
(a) Multi-Family Apartment Residential District (MF-A).
(1) Multiple-unit residential structures not exceeding six (6) apartment units per acre and twelve (12) apartment units per building.
(2) Accessory buildings and uses in association with a permitted multiple-unit apartment residential structure, such as recreational facilities.
(b) Multi-Family Condominium Residential District (MF-C).
(1) Multiple-unit residential structures not exceeding six (6) condominium units per acre and twelve (12) condominium units per building.
(2) Accessory buildings and uses in association with a permitted multiple-unit condominium residential structure, such as recreational facilities.
(Ord. 25-09. Passed 5-4-09.)
1163.03 CONDITIONAL USES.
The following uses may be allowed in the Multi-Family Residential Districts (MF-A and MF-C) subject to approval in accordance with Chapter 1145:
(a) Churches and other similar places of worship and parish houses provided:
(1) The minimum lot size is three (3) acres.
(2) The minimum lot width is three hundred (300) feet.
(3) The lot is adequate to accommodate the required off-street parking requirements of the church in accordance with Chapter 1185.
(4) The church building is set back from any adjacent residential property line a distance equal to or greater than the height of the structure exclusive of the steeple or spire.
(5) The church lot is accessible to a major arterial in a manner that does not require the passage of traffic through local residential streets.
(6) There is one (1) acre or more per one hundred (100) seats or similar accommodations in the main assembly hall.
Accessory living quarters may be provided on the church lot as a conditional use. The location, density, and the additional lot area required for such uses shall be subject to approval by the Planning and Zoning Commission. Accessory recreational uses may be provided on the church lot as a conditional use subject to approval by the Planning and Zoning Commission.
(b) Public uses: parks, playgrounds, recreation and community center buildings and grounds, golf courses, public swimming pools, tennis courts and similar recreational uses, provided that any principal building or swimming pool used therefore shall be located not less than one-hundred and fifty (150) feet from any other lot in any residential district unless otherwise approved as part of the development plan within a planned development district.
(1) All golf course facilities shall be in accordance with the following provisions in addition to any other conditions required by the Planning and Zoning Commission:
A. The hours of operation of the golf course shall be limited from dawn to dusk to prevent undue disturbance to neighboring uses.
B. All maintenance equipment shall be stored in sheds or other structures and away from view.
C. No hole or green shall be located within two hundred (200) feet of an existing residential structure unless otherwise approved as part of the development plan within a planned district.
D. The Planning and Zoning Commission may require fencing, walls, landscaping, earth mounds or other measures where it is determined that buffering or screening is necessary to manage land use conflicts and/or protect the public safety unless otherwise approved as part of the development plan within a planned district.
F. The minimum floor area requirements for the clubhouse or management structure shall be five thousand (5,000) square feet.
G. Any golf courses hereinafter constructed within designated areas of Canal Winchester shall occupy not less than one hundred fifty (150) acres.
(2) All private outdoor recreational facilities shall be in accordance with the following provisions in addition to any other conditions required by the Planning and Zoning Commission:
A. Minimum lot area for a private recreational facility shall be no less than six (6) acres.
B. Setbacks: Front = 100 feet for structures and 75 feet for parking; Rear = 75 feet; Side = 75 feet.
C. All structures and playing fields for outdoor recreation shall be located at least two-hundred and fifty (250) feet and drives and parking areas shall be at least fifty (50) feet from any adjacent parcels where residences are a permitted use.
D. Where a landscaped screen is not already required adjacent to another parcel, one (1) deciduous tree shall be provided for every forth (40) feet of parking lot boundary and loading/unloading area, plus a three (3) foot average height continuous planting, hedge, fence wall or earth mound. The same parking lot perimeter screening shall also be provided adjacent to the public right-of-way. At least one tree per 5,000 square feet of parking area shall be provided within the parking lot.
E. All outdoor playing fields, courts and other similar outdoor recreation facilities must be secured at night to prevent unauthorized access. While no lighting will be permitted on any such outdoor recreation facility, security lights may be approved for any permanent facilities at the site.
F. The maximum density allowed on any parcel shall not exceed one (1) field for every five (5) acres.
G. A minimum of thirty-five (35) parking spaces shall be provided for every field at the site. All parking areas shall be constructed in accordance with Chapter 1185 of this Zoning Code.
H. A minimum eight (8) foot high landscaped screen or combination mound and plant material with a ninety (90) percent year round opacity shall be provided on any side of the site adjacent to parcels where dwellings are a permitted use. If a mound is used it shall be constructed with no more than a 4:1 slope. Mounds shall not be constructed to restrict the natural flow of surface water to or from the site.
I. Access shall be from an arterial street or commercial collector or shall be provided in a manner that does not cause heavy traffic on residential streets.
J. Permanent toilet facilities, connected to a sanitary sewer or other approved on site disposal system, must be provided with the following minimum number of fixtures: women - 5 toilets and 2 lavatories, men - 1 toilet, 2 urinals and 2 lavatories, additional fixtures must be added at the rate of 3 for every 2 fields over 4 fields per site.
(3) All private indoor recreational facilities shall be in accordance with the following provisions in addition to any other conditions required by the Planning and Zoning Commission:
A. Minimum lot area for an indoor private recreational facility shall be no less than five (5) acres.
B. Setbacks: Front = 100 feet for structures and 75 feet for parking; Rear = 75 feet; Side = 75 feet.
C. Driveways and parking areas shall be at least fifty (50) feet from any adjacent parcels where residences are a permitted use.
D. Where a landscaped screen is not already required adjacent to another parcel, one (1) deciduous tree shall be provided for every forty (40) feet of parking lot boundary and loading/unloading area, plus a three (3) foot average height continuous planting, hedge, fence wall or earth mound. The same parking lot perimeter screening shall also be provided adjacent to the public right-of-way. At least one tree per 5,000 square feet of parking area shall be provided within the parking lot.
E. No exterior lighting shall be positioned so as to extend glare on adjacent property or public right-of-way.
F. All activities shall be conducted entirely within an enclosed building.
G. Access shall be from an arterial street or commercial collector or shall be provided in a manner that does not cause heavy traffic on residential streets.
(c) Public and private schools.
(d) Accessory structures used as private kennels.
(Ord. 25-09. Passed 5-4-09.)
1163.04 DEVELOPMENT STANDARDS.
(a) Lot and Building Requirements. The following lot and building requirements are minimum standards, except where noted, and shall apply in the Multi-Family Residential Districts (MF-A and MF-C):
(1) Lot Area (minimum): Fifteen thousand (15,000) square feet.
(2) Lot Coverage (maximum): Thirty-five (35) percent.
(3) Lot Width: Eighty (80) feet of frontage on an improved public right-of-way.
(4) Lot Width on a Curving Street or Cul-De-Sac: Forth-five (45) feet of frontage on an improved public right-of-way and lot width shall be eighty (80) feet at the minimum building line.
(5) Front Yard Setback: Twenty-five (25) feet as measured between the street right-of-way line and the building setback line.
(6) Side Yard Setback: Ten (10) feet; for a Conditional Use, the side yard setback shall be fifteen (15) feet.
(7) Rear Yard Setback: Twenty-five (25) feet as measured from the rear property line; an accessory building may be located in the rear yard no less than eight (8) feet from the rear property line.
(8) Dwelling Dimensions: The following dwelling dimensions measured in terms of square footage shall apply to all residential dwellings in the Multi-Family Residential Districts:
DWELLING TYPE | FINISHED FLOOR AREA |
One Bedroom | 1,000 square feet |
Each Additional Bedroom | 225 square feet |
(b) Supplemental Standards. The following supplemental standards shall apply within the Multi-Family Residential Districts (MF-A and MF-C):
(1) No building shall exceed thirty-five (35) feet in height, nor more than two and one half (2 ½) stories in height.
(2) Applicable standards shall be met in corresponding sections of this Zoning Code.
(3) Two (2) or more multiple-unit structures located on the same lot shall locate no closer than twenty (10) feet to each structure.
(4) One (1) covered parking space may be provided per dwelling unit in clusters not to exceed six (6) spaces.
(Ord. 25-09. Passed 5-4-09.)
1165.01 PURPOSE.
The Neighborhood Commercial District (NC) is intended to encourage the clustering of small individual retail and personal service establishments to promote convenience in serving the daily staple needs of the surrounding residential areas.
(Ord. 41-01. Passed 8-20-01.)
1165.02 PERMITTED USES.
Land and buildings in the Neighborhood Commercial District (NC) shall be used only for the following purposes:
(a) Retail Stores. Retail stores primarily engaged in selling merchandise for personal or household consumption and rendering services incidental to the sale of the goods (including the buying or processing of goods for resale) including:
(1) Hardware stores.
(2) Convenience food markets.
(3) Meat and fish (seafood) markets.
(4) Fruit stores and vegetable markets.
(5) Candy, nut and confectionery stores.
(6) Dairy products stores.
(7) Retail bakeries.
(8) Drug stores and proprietary stores.
(9) Florists.
(10) Electronic products.
(11) Video rental store.
(12) Eating and drinking establishments with no drive-thru window service.
(b) Personal Services. Personal services generally involving the care of the person or his/her personal effects including:
(1) Beauty shops.
(2) Barber shops.
(3) Shoe repair shops.
(4) Pressing, dry-cleaning, alteration and garment repair.
(c) Business and Professional Offices. Business offices carrying on no retail trade with the general public and having no stock of goods maintained for sale to customers and professional offices engaged in providing tangible and intangible services to the general public, involving both persons and their possessions including:
(1) Commercial and stock savings banks.
(2) Credit agencies other than banks.
(3) Personal credit institutions.
(4) Insurance agents, brokers and service.
(5) (Real estate) agents, brokers and managers.
(6) Combinations of real estate, insurance, loan and law offices.
(7) Offices of physicians and surgeons.
(8) Offices of dentists and dental surgeons.
(9) Offices of chiropractors.
(10) Legal services.
(11) Health care maintenance and emergency services.
(d) Children's Nurseries, Day Care Centers and Pre-schools provided that the following conditions are met, where applicable:
(1) The building occupied by the use is compatible with neighborhood structures in dimension, size, and architecture.
(2) There is an outdoor play area of eighty-five (85) square feet or more per child.
(3) Such play area shall be enclosed with a chain link fence or its equivalent in strength and protective character to a height of five (5) feet to control accessibility of children to adjoining hazardous conditions such as streets, ponds, etc., or adjacent yards.
(4) A drop off area is provided so that children do not have to walk through the parking lot to enter the facility.
(6) The facility meets or exceeds State of Ohio provisions for daycare operations.
(Ord. 41-01. Passed 8-20-01.)
1165.03 CONDITIONAL USES.
The following uses may be allowed in the Neighborhood Commercial District (NC) subject to approval in accordance with Chapter 1145:
(a) Drive-up window service. Drive-up window service or outdoor service facility developed in association with and subordinate to a permitted use. Drive-up window service shall be limited to the rear of the building. Landscaping and buffering shall be required.
(Ord. 41-01. Passed 8-20-01.)
(b) Electric vehicle charging stations. Electric vehicle charging stations when a property has more than five (5) electric vehicle charging stations or an electric vehicle charging station that includes an overhead-canopy.
(Ord. 33-12. Passed 9-17-12.)
1165.04 DEVELOPMENT STANDARDS.
(a) Lot and Building Requirements. The following lot and building requirements are minimum standards, except where noted, and shall apply in the Neighborhood Commercial District (NC):
(1) Lot area: No minimum lot area is required, however, all lots shall abut an improved public right-of-way and lot area shall be adequate to provide the required yard space.
(2) Lot coverage (maximum): No maximum lot coverage is required, however, the lot coverage shall be adequate to provide the yard space required.
(3) Lot width: No minimum lot width is required, however, all lots shall abut an improved public right-of-way and have adequate width to provide the required yard space and meet minimum access requirements.
(4) Front yard setback: The minimum front yard setback shall be no less than fifty (50) feet measured from the street right-of-way.
(5) Side yard setback: For main and accessory structures, including open service and loading areas, the required side yard shall be not less than twenty (20) feet, unless adjacent to any residential zoning district, Planned Residential District, Planned Conservation District, Traditional Neighborhood Development District, and Planned Unit District whereby the side yard shall be no less than fifty (50) feet.
(6) Rear yard setback: For main and accessory structures, the required rear yard shall be not less than twenty-five (25) feet, unless adjacent to any residential zoning district, Planned Residential District, Planned Conservation District, Traditional Neighborhood Development District, and Planned Unit District whereby the side yard shall be no less than fifty (50) feet.
(7) Building Size. Principle structures in the NC District are limited to 5,000 square feet.
(b) Supplemental Standards. The following supplemental standards shall apply within the Neighborhood Commercial District (NC):
(1) No building shall exceed thirty-five (35) feet in neither height, nor more than two (2) stories in height.
(2) Applicable standards shall be met in corresponding chapters of this Zoning Code.
(3) Operating hours are normally limited to 6:00 am to 11:00 pm.
(4) The building setbacks and architectural elements of the principle structure must be consistent with existing neighborhood character.
(5) Off-street parking and drive-up window service shall be limited to the rear of the property. Landscaping and buffering will be required.
(Ord. 41-01. Passed 8-20-01.)
1167.01 PURPOSE.
The General Commercial District (GC) is intended to encourage the concentration of a broad range of individual commercial establishments which together may constitute a cluster of general commercial activity that serves a substantial portion of the Municipality's residential population. Concentrated general commercial developments should be ideally located near major circulation routes and accessible to the population served.
(Ord. 41-01. Passed 8-20-01.)
1167.02 PERMITTED USES.
Land and buildings in the General Commercial District (GC) shall be used only for the following purposes:
(a) Retail Stores. Retail stores primarily engaged in selling merchandise for personal or household consumption and rendering services incidental to the sale of the goods (including the buying or processing of goods for resale) including:
(1) General Merchandise: Hardware stores, department stores, mail order houses, limited price variety stores, and miscellaneous general merchandise stores.
(2) Food: Grocery stores, meat and fish (seafood) markets, fruit stores and vegetable markets, candy, nut and confectionery stores, dairy products stores, retail bakeries, supermarkets, and miscellaneous food stores.
(3) Building Materials, Retail: Lumber and other building materials, heating and plumbing equipment, electrical supply equipment, and hardware and farm equipment.
(4) Apparel: Clothing, accessories and personal furnishing stores, shoe stores, custom tailors, furriers and fur shops, and miscellaneous apparel and accessory stores.
(5) Home Furnishings: Furniture, home furnishings, and equipment stores, household appliance stores, and radio, television and music stores.
(6) Eating and drinking places.
(7) Electronic products.
(8) Video rental store.
(9) Miscellaneous Retail: Drug stores and proprietary stores, liquor stores, antique stores and secondhand stores, stationery stores, sporting goods stores and bicycle shops, jewelry stores, florists, cigar stores, news dealers, camera and photographic supply stores, gift, novelty and souvenir shops, optical goods stores, and miscellaneous retail stores not elsewhere classified.
(10) Business Services: Advertising, duplicating, addressing blueprinting, photocopying, mailing, stenography, and business services not elsewhere classified.
(11) Artisan Workshop.
(12) Specialty Food and/or Beverage Facility.
(b) Business and Professional Offices. Business offices engaged in providing tangible and intangible services to the public, involving both persons and their possessions, including:
(1) Administrative, Business and Professional Offices: Administrative offices primarily engaged in general administration, supervision, purchasing, accounting and other management functions, and professional offices engaged in providing tangible and intangible services to the general public, involving both persons and possessions, including financial services, real estate and insurance.
(2) Professional: Offices of physicians and surgeons, dentists and dental surgeons, chiropractors, medical and dental laboratories, health and allied sciences not elsewhere classified, legal services, design services including engineering, architecture, landscape architecture, urban planning, graphic arts and interior design, and accounting, auditing and bookkeeping services.
(3) Health care maintenance and emergency services.
(c) Personal and Consumer Services. Personal services generally involving the care of the person or his/her personal effects and consumer services generally involving the care and maintenance of tangible property or the provision of intangible services for personal consumption, including:
(1) Personal: Photographic studios, including commercial photography, beauty shops, barber shops, laundromats, funeral services, shoe repair shops, pressing, alteration and garment repair, and miscellaneous personal service.
(2) Repair Services: Electrical repair shops, watch, clock and jewelry repair, reupholsters and furniture repair, and similar household item repair shops and related services.
(3) Artisan Studio.
(Ord. 15-28. Passed 7-6-15.)
1167.03 CONDITIONAL USES.
The following uses may be allowed in the General Commercial District (GC) subject to approval in accordance with Chapter 1145:
(a) Drive-Up Window Service or Open Display. Drive-up window service or outdoor service, or open display facility, developed in association with a principal permitted use.
(b) Residential. Living quarters as an integral part of and subordinate to a principal permitted use.
(c) Automobile Convenience Markets. Automobile Repair and Services, and Automobile Service Stations. No portion of an Automobile Service Station's structure or its appurtenances, including ancillary, associated or auxiliary equipment, shall be located in front of the established building line.
(d) Recreation. Theaters, dance halls, dance studios, dance schools, bowling, swimming pools, and skating rinks.
(e) Hotels and Motels. Lodging facilities and subordinate eating and drinking facilities and recreational facilities, provided that the minimum lot area is two (2) acres.
(f) Offices of Veterinarians and Animal Hospitals.
(g) Commercial Kennel. Commercial kennels shall not be located within two-hundred (200) feet of a residential zoning district, including PUD, TND, PRD, and PCND.
(h) Automobile Parking Lot or Garage. An automobile parking lot or garage as a principal use.
(i) Automobile car wash. Automobile car washes shall not be located within one hundred and fifty (150) feet of a residential zoning district, including PUD, PRD, TND and PCND. No portion of a structure or its appurtenances, including ancillary, associated or auxiliary equipment, shall be located in front of the established building line.
(j) Electric Vehicle Charging Stations. Electric vehicle charging stations when a property has more than five (5) electric vehicle charging stations or an electric vehicle charging station that includes an overhead canopy.
(k) Mini-warehouses. Mini-warehouses shall be located on a major or minor arterial as identified in the Canal Winchester Thoroughfare Plan. They shall be located on a lot with a maximum lot width of one-hundred and fifty (150) feet of frontage measured at the building line.
(Ord. 16-027. Passed 9-6-16.)
1167.04 DEVELOPMENT STANDARDS.
(a) Lot and Building Requirements. The following lot and building requirements are minimum standards, except where noted, and shall apply in the General Commercial District (GC):
(1) Lot area: No minimum lot area is required, however, all lots shall abut an improved public right-of-way and lot area shall be adequate to provide the required yard space.
(2) Lot coverage (maximum): No maximum lot coverage is required, however, the lot coverage shall be adequate to provide the yard space required.
(3) Lot width: No minimum lot width is required, however, all lots shall abut an improved public right-of-way and have adequate width to provide the required yard space and meet minimum access requirements.
(4) Front yard setback: The minimum front yard setback shall be no less than fifty (50) feet measured from the street right-of-way.
(5) Side yard setback: For main and accessory structures, including open service and loading areas, the required side yard shall be not less than twenty (20) feet, unless adjacent to any residential zoning district, Planned Residential District, Planned Conservation District, Traditional Neighborhood Development District, or Planned Unit District whereby the side yard shall be no less than fifty (50) feet.
(6) Rear yard setback: For main and accessory structures, the required rear yard shall be not less than twenty-five (25) feet, unless adjacent to any residential zoning district, Planned Residential District, Planned Conservation District, Traditional Neighborhood Development District or Planned Unit District whereby the side yard shall be no less than fifty (50) feet. A use to be serviced from the rear shall have a service court, alleyway or combination thereof not less than forty (40) feet in width.
(b) Supplemental Standards. The following supplemental standards shall apply within the General Commercial District (GC):
(1) No building shall exceed forty (40) feet in height, nor more than three (3) stories in height.
(2) Applicable standards shall be met in corresponding chapters of this Zoning Code.
(Ord. 41-01. Passed 8-20-01.)
1169.01 PURPOSE.
The Suburban Office and Institution District (SO) is provided in recognition of the need to locate office and institutional land uses where adequate space can be made available in accordance with current development trends and standards. The SO District is intended for offices and institutions that may locate independently or in small clusters and that may desire buildings or groups of buildings surrounded by landscaped open areas away from the concentrations of people and traffic of retail, wholesale and industrial areas in the Municipality. The space, location and aesthetic characteristics of these uses make a location near low density residential neighborhoods or rural countryside desirable.
(Ord. 41-01. Passed 8-20-01.)
1169.02 PERMITTED USES.
Land and buildings in the Suburban Office and Institutional District (SO) shall be used only for the following purposes:
(a) Administrative and Business Offices. Administrative offices primarily engaged in general administration, supervision, purchasing, accounting and other management functions and business offices carrying on no retail trade with the general public and having no stock of goods maintained for sale to customers, including financial services, real estate and insurance.
(b) Professional Offices. Professional offices engaged in providing tangible and intangible services to the general public, involving both persons and their possessions, including: offices of physicians and surgeons, dentists and dental surgeons, osteopathic physicians, and chiropractors, medical and dental laboratories, health and allied services, legal services, design services including engineering, architecture, landscape architecture, urban planning, graphic arts and interior design, accounting, auditing and bookkeeping services, and professional services not elsewhere classified.
(c) Institution. Institutions providing social, cultural, educational and health services to member agencies, organizations and individuals or to the general public, including: hospitals, elementary and secondary schools, colleges and universities, vocational schools, professional schools, libraries, museums and art galleries, and religious organizations.
(d) Organizations and Associations. Organizations and associations organized on a profit-making or nonprofit-making basis, for the promotion of membership interests, including: business associations, professional membership organizations, labor unions and similar labor organizations, civic, social and fraternal associations, political organizations, charitable organizations, and nonprofit membership organizations not elsewhere classified.
(e) Residential. Residential Dwelling ancillary and subordinate to a principal permitted use.
(f) Churches. Churches and other similar places of worship and parish houses provided said use occupies a lot of not less than three (3) acres.
(1) The minimum lot width is three hundred (300 feet);
(2) The lot is adequate to accommodate the required off-street parking requirements of the church in accordance with Chapter 1185;
(3) The church building is set back from any adjacent residential property line a distance equal to or greater than the height of the structure exclusive of the steeple or spire;
(4) The church lot is accessible to a major arterial in a manner that does not require the passage of traffic through local residential streets; and
(5) There is one (1) acre or more per one hundred (100) seats or similar accommodations in the main assembly hall.
Accessory living quarters may be provided on the church lot as a conditional use. The location, density, and the additional lot area required for such uses shall be subject to approval by the Planning and Zoning Commission. Accessory recreational uses may be provided on the church lot as a conditional use subject to approval by the Planning and Zoning Commission.
(Ord. 41-01. Passed 8-20-01.)
1169.03 CONDITIONAL USES.
The following uses may be allowed in the Suburban Office and Institutional District (SO) subject to approval in accordance with Chapter 1145:
(a) Drive-up Window Service. Drive-up window service or outdoor service facilities developed in association with a principal permitted use.
(b) Personal Services. Personal services generally involving the care of the person or his/her apparel, including: photographic services and commercial photography, beauty shops, barber shops, and funeral service and crematories.
(c) Educational and Research Educational and research establishments engaged in providing tangible and intangible services to members or the general public, including: research, development and testing laboratories, school and educational services not elsewhere classified, and nonprofit educational and scientific research agencies.
(d) Food and Lodging. Food and lodging includes commercial establishments and institutions engaged in furnishing lodging and meals on a fee basis, including: eating and drinking places, and organizational hotels and lodging houses on a membership basis.
(e) Offices of Veterinarian and Animal Hospitals.
(f) Children's Nurseries and Day Care Centers and pre-schools provided that the following conditions are met, where applicable:
(1) The building occupied by the use is compatible with neighborhood structures in dimension, size, and architecture.
(2) There is an outdoor play area of eighty-five (85) square feet or more per child.
(3) Such play area shall be enclosed with a chain link fence or its equivalent in strength and protective character to a height of five (5) feet to control accessibility of children to adjoining hazardous conditions such as streets, ponds, etc., or adjacent yards.
(4) A drop off area is provided so that children do not have to walk through the parking lot to enter the facility.
(6) The facility meets or exceeds State of Ohio provisions for daycare operations.
(Ord. 41-01. Passed 8-20-01.)
(g) Electric vehicle charging stations. Electric vehicle charging stations when a property has more than five (5) electric vehicle charging stations or an electric vehicle charging station that includes an overhead canopy.
(Ord. 33-12. Passed 9-17-12.)
1169.04 DEVELOPMENT STANDARDS.
(a) Lot and Building Requirements. The following lot and building requirements are minimum standards, except where noted, and shall apply in the Suburban Office and Institutional District (SO):
(1) Lot area: No minimum lot area is required, however, all lots shall abut an improved public right-of-way and lot area shall be adequate to provide the required yard space.
(2) Lot coverage (maximum): No maximum lot coverage is required, however, the lot coverage shall be adequate to provide the yard space required.
(3) Lot width: No minimum lot width is required, however, all lots shall abut an improved public right-of-way and have adequate width to provide the required yard space and meet minimum access requirements.
(4) Front yard setback: The minimum front yard setback shall be no less than fifty (50) feet measured from the street right-of-way.
(5) Side yard setback: For main and accessory structures, including open service and loading areas, the required side yard shall be not less than twenty (20) feet, unless adjacent to any residential zoning district, Planned Residential District, Planned Conservation District, Traditional Neighborhood Development District, and Planned Unit District whereby the side yard shall be no less than fifty (50) feet.
(6) Rear yard setback: For main and accessory structures the required rear yard shall be not less than twenty (20) feet, unless adjacent to any residential zoning district, Planned Residential District, Planned Conservation District, Traditional Neighborhood Development District, and Planned Unit District whereby the rear yard shall be no less than fifty (50) feet. A use to be serviced from the rear shall have a service court, alleyway or combination thereof not less than forty (40) feet in width.
(b) Supplemental Standards. The following supplemental standards shall apply within the Suburban Office and Institutional District (SO):
(1) No building shall exceed forty (40) feet in height, nor more than three (3) stories in height.
(2) Applicable standards shall be met in corresponding chapters of this Zoning Code.
(Ord. 41-01. Passed 8-20-01.)
1171.01 PURPOSE.
(a) The Limited Manufacturing District (LM) is established for the purpose of preserving areas of the Municipality for industrial and related uses of such a nature that they do not create serious problems of compatibility with other kinds of land uses, and to make provision for certain kinds of commercial uses which are most appropriately located ancillary to industrial users or which are necessary to service the immediate needs of people in these areas.
(b) Uses under the LM District generally require a minimum of services and facilities. Such uses typically operate within enclosed structures and have little or no adverse effect on adjacent land by producing noise, odor, dust, smoke, glare or other hazards. The intent of the district is to encourage industrial development that is architecturally sensitive, incorporating landscaping, generous setbacks, and minimal signage.
(c) Performance standards are identified and required to be met by all uses under the LM District to ensure that those uses are appropriate to the Municipality and that such development is a positive addition to the Municipality without creating undue negative environmental impacts.
(Ord. 41-01. Passed 8-20-01.)
1171.02 PERMITTED USES.
Land and buildings in the Limited Manufacturing District (LM) shall be used only for the following purposes:
(a) Manufacturing.
(1) Canning and preserving fruits, vegetables and seafood.
(2) Bakery products; candy and other confectionery products.
(3) Men's, youth's and boys' clothing, furnishings and allied garments; women's, misses', children's and infants clothing, furnishings and allied garments; fur goods and miscellaneous apparel and accessories.
(4) Miscellaneous fabricated textile products; broad and narrow woven fabric mills, including cotton, man-made fiber and silk, and dyeing and finishing, floor covering mills, yarn and thread mills, and miscellaneous textile goods.
(5) Publishing and printing of newspapers, magazines, books and other publications, and commercial printing; manifold business forms, greeting cards, bookbinding and related industries, and service industries for the printing trade.
(6) Pharmaceuticals.
(7) Footwear, gloves and mittens, luggage, handbags and other personal leather goods; boot and shoe cut stock and findings, and leather goods not elsewhere classified.
(8) Glass products made of purchased glass.
(9) Communication equipment, electronic components and accessories, engineering, laboratory, scientific and research instruments and associated equipment, and instruments for measuring, controlling and indicating physical characteristics.
(10) Optical instruments and lenses, surgical, medical and dental instruments and supplies, and ophthalmic goods; photographic equipment and supplies.
(11) Watches, clocks, clockwork operated devices and parts; jewelry, silverware and plated ware.
(12) Automobile accessories and electronic components, including automotive and truck assembly parts.
(13) Sausages and other prepared meat products, dairy products, grain mill products, and beverage industries.
(14) Household and office furniture, partitions, shelves, lockers and office and store fixtures, miscellaneous furniture and fixtures.
(15) Nonferrous foundries, sheet metal work, and machine shops, jobbing and repair.
(16) Household appliances, electrical lighting and wiring equipment, and miscellaneous electrical machinery, equipment and supplies.
(17) Musical instruments and parts, toys, amusements, sporting and athletic goods.
(18) Pens, pencils and other office and artists' materials, costume jewelry, costume novelties, buttons and miscellaneous notions, except precious metal.
(19) Plastic products.
(b) Wholesaling.
(1) Pharmaceuticals, chemicals and allied products.
(2) Dry goods and apparel.
(3) Groceries and related products.
(4) Electrical goods.
(5) Hardware, plumbing and heating equipment and supplies.
(6) Machinery equipment and supplies.
(7) Tobacco and its products.
(8) Beer, wine and distilled alcoholic beverages.
(9) Paper and its products.
(10) Furniture and home furnishings.
(c) Wholesaling, Warehousing and Transportation Services.
(1) Trucking, local and long distance.
(2) Public warehousing and freight forwarding.
(3) Terminal and joint terminal maintenance facilities for motor freight transportation and miscellaneous services incidental to transportation.
(4) Motor vehicles and automotive equipment.
(5) Pharmaceuticals, chemicals and allied products, dry goods, apparel, groceries and related products.
(6) Farm products and raw materials, electrical goods, hardware, plumbing and heating equipment and supplies.
(7) Machinery, equipment, and supplies.
(8) Miscellaneous wholesalers except scrap and waste materials.
(d) Service Industries.
(1) General construction contractors.
(2) Plumbing, heating and air conditioning, painting, paperhanging and decorating.
(3) Electrical work, masonry, stonework, tile setting, and plastering, carpentering and wood flooring, roofing and sheet metal work, concrete work, and water well drilling.
(4) Miscellaneous special trade contractors.
(e) Commercial Retail. Commercial retail uses associated with and subordinate to another permitted use and limited to no more than twenty-five (25) percent of the total gross floor area of all structures on the subject lot(s).
(f) Research, Development and Testing Laboratories.
(g) Business and Professional Offices, but excluding medical and dental offices;
(h) Administrative Offices. Administrative offices primarily engaged in general administrative supervision, purchasing, accounting and other management functions. (Ord. 16-027. Passed 9-6-16.)
1171.03 CONDITIONAL USES.
The following uses may be allowed in the Limited Manufacturing District (LM) subject to approval in accordance with Chapter 1145:
(a) Other lawful Industrial Uses. Any other lawful industrial use compatible with the permitted uses, fulfilling the intent of this district, and developed in accordance with the development standards and performance standards of this district.
(b) Personal and Consumer Services. Personal and consumer services generally involving the care and maintenance of tangible property or the provision of intangible services for personal consumption intended to serve the industrial establishments of their employees, including:
(1) Personal: beauty shops, barber shops, shoe repair shops, pressing, alteration and garment repair, and miscellaneous personal services.
(2) Business: advertising, consumer credit reporting agencies, mercantile reporting agencies, adjustment and collecting agencies, business services including duplicating, addressing, blueprinting, photocopying, mailing, mailing list, and stenographic, private employment agencies, and business services not elsewhere classified, except research, development and testing laboratories.
(c) Recycling Centers. Not to include manufacturing.
(d) Commercial Kennels. Commercial kennels shall not be located within two hundred (200) feet of any residential zoning district, including PUD and PRD.
(e) Automobile Convenience Markets, Automobile Repair and Services, and Automobile Service Stations. No portion of an Automobile Service Station's structure or its appurtenances, including ancillary, associated or auxiliary equipment, shall be located in front of the established building line.
(f) Electric Vehicle Charging Stations. Electric vehicle charging stations when a property has more than five (5) electric vehicle charging stations or an electric vehicle charging station that includes an overhead canopy.
(g) Hotels and Motels. Lodging facilities and subordinate eating and drinking facilities and recreational facilities, provided that the minimum lot area is two (2) acres.
(Ord. 17-029. Passed 8-7-17.)
1171.04 DEVELOPMENT STANDARDS.
(a) Lot and Building Requirements. The following lot and building requirements are minimum standards, except where noted, and shall apply in the Limited Manufacturing District (LM):
(1) Lot Area: No minimum lot area is required, however, all lots shall abut an improved public right-of-way and lot area shall be adequate to provide the required yard space.
(2) Lot Coverage (Maximum): No maximum lot coverage is required, however, the lot coverage shall be adequate to provide the yard space required.
(3) Lot Width: No minimum lot width is required, however, all lots shall abut an improved public right-of-way and have adequate width to provide the required yard space and meet minimum access requirements.
(4) Front Yard Setback: The minimum front yard setback shall be no less than fifty (50) feet measured from the street right-of-way.
(5) Side Yard Setback: For main and accessory structures, including open service and loading areas, the required side yards shall not be less than twenty (20) feet, unless adjacent to any residential zoning district, Planned Residential District, Planned Conservation District, Traditional Neighborhood Development District, and Planned Unit District whereby the side yard shall be no less than fifty (50) feet.
(6) Rear Yard Setback: For main and accessory structures the required rear yard shall be not less than twenty (20) feet, unless adjacent to any residential zoning district, Planned Residential District, Planned Conservation District, Traditional Neighborhood Development District, and Planned Unit District whereby the rear yard shall be no less than fifty (50) feet.
(b) Supplemental Standards. The following supplemental standards shall apply within the Limited Manufacturing District (LM):
(1) No building shall exceed sixty (60) feet in height.
(2) Applicable standards shall be met in corresponding chapters of this Zoning Code.
(Ord. 16-027. Passed 9-6-16.)
1171.05 PERFORMANCE STANDARDS.
No land or building in the Limited Manufacturing District (LM) shall be used or occupied in any manner in violation of Section 1181.03. The cost of any testing necessary, as determined by the Municipality, for determining whether a violation of such regulations exists, has occurred, or may occur in the future shall be paid by the violator to Canal Winchester.
(Ord. 41-01. Passed 8-20-01.)
1173.01 PURPOSE AND INTENT.
(a) Planned districts shall include residential, commercial, industrial, and mixed-use subdistricts: Planned Residential District (PRD), Planned Commercial District (PCD), Planned Industrial District (PID), Planned Unit District (PUD), and Planned Conservation District (PCND).
(b) It is the intent of the Planned Districts to promote the progressive development of land and construction thereon and to encourage imaginative architectural design and layout, flexibility in building styles and types, and sensitivity to the natural environment.
(c) The Planned Districts are designed to guide development in an orderly, coordinated and comprehensive manner that preserves natural quality and beauty and provides supporting community facilities in the development of diverse, sound urban environments consistent with accepted land planning, landscape architecture practices and engineering principals. Such developments should:
(1) Provide a more useful pattern of open space and recreation areas.
(2) Preserve and utilize natural topography and geologic features, scenic vistas, trees and other vegetation, while preventing disruption of normal drainage patterns.
(3) Provide a more efficient pattern of development that reduces investments in utility lines, streets, and similar infrastructure.
(4) Promotes a development pattern in harmony with the Municipal land use objectives and priorities.
(Ord. 41-01. Passed 8-20-01.)
1173.02 PERMITTED USES.
Land and buildings in the Planned Districts (PRD, PCD, PID, PUD, and PCND) shall be used only for the following purposes as indicated under each specific subdistrict:
(a) Planned Residential District (PRD).
(1) Residential Dwellings: single-family, two-family and multi-family dwellings and accessory uses and buildings in association with a permitted dwelling.
(2) Public uses: parks, playgrounds, recreation and community center buildings and grounds, golf courses, public swimming pools, tennis courts and similar recreational uses.
(3) Accessory buildings and uses in association with a permitted single or multiple-unit residential structure.
(4) Home occupations associated with a principal use and in accordance with Chapter1187.
(b) Planned Commercial District (PCD). Uses permitted, including conditional uses, under the Neighborhood Commercial District (NC), General Commercial District (GC), and Suburban Office District (SO).
(c) Planned Industrial District (PID). Uses permitted, including conditional uses, under the Limited Manufacturing District (LM).
(d) Planned Unit District (PUD).
(1) Uses permitted under the Planned Residential District (PRD).
(2) Uses permitted under the Planned Commercial District (PCD) but limited to no more than forty (40) percent of the net developable site.
(3) Accessory buildings and uses in association with a permitted use.
(e) Planned Conservation District (PCND).
(1) Uses permitted under the Planned Residential District (PRD).
(2) Cluster housing units.
(3) Common wall single family attached dwelling units.
(4) Single-family zero lot line, attached twin singles, townhouses, or other innovative forms of residential development, provided all density criteria and applicable requirements are met.
(5) Accessory buildings and uses in association with a permitted use.
(6) Public buildings and/or uses which are supported in whole or part by taxes or by special public assessment. Such uses include but are not limited to libraries, schools, fire stations, water treatment, pumping and storage facilities, and wastewater treatment and pumping facilities.
(7) Forest and wildlife preserves.
(8) Projects specifically designed for watershed protection, conservation of soil or water or flood control.
(9) Family care homes and group care homes.
(Ord. 41-01. Passed 8-20-01.)
1173.03 DEVELOPMENT STANDARDS.
(a) Project Ownership. The planned development area shall be under contract for purchase by a single entity or owned by a single entity at the time of application. For the purposes of this subchapter a single entity includes the following: an individual, a husband and wife; corporation; partnership; or two or more property owners enjoined as a single entity.
(b) Minimum Lot Requirements. The minimum lot requirements of a parcel that can be zoned under the Planned Districts are the following:
DEVELOPMENT STANDARD | PRD | PCD | PID | PUD | PCND |
Minimum lot area (acres) | 5 | None | 10 | 20 | 10 |
Minimum lot width (feet) at building line | 350 | 350 | 500 | 750 | 350 |
Minimum frontage (feet) | 250 | 250 | 400 | 600 | 250 |
Maximum Coverage | N/A | 45% | 50% | N/A | N/A |
Maximum building height (feet) | 35 | 40 | 40 | 40 | 35 |
(1) For each use the lot and building requirements of the appropriate district other than the Planned District shall apply unless superseded herein.
(2) Parking areas shall be no closer to the main structure(s) than ten (10) feet.
(3) Under PRD and PUD individual home sites or clusters thereof must be designated under one of the Municipality's residential zoning districts. At the time of the application, the Municipality has the ability to negotiate development standards.
(4) Under PRD, PUD, and PCND adjacent residential homes shall not have identical facades relative to style and color, and all residential building front yard setbacks shall meet the applicable district requirement and be staggered.
(5) Under PCND, there are no minimum yard requirements for residential units. Other permitted uses shall have front, side, and rear yards each of which is at least fifty (50) feet. No building shall be located closer than fifty (50) feet to any residential district boundary line. Buildings within developments adjacent to major thoroughfares and arterial streets shall be setback no less than one hundred, fifty (150) feet from the centerline of said major thoroughfare or arterial street.
(c) Site Development Standards. The following site development standards shall apply in the Planned Districts:
(1) The applicable sections of the Subdivision Regulations and the off-street parking, sign and landscaping regulations of this Zoning Code shall apply.
(2) The traffic and parking system shall meet the requirements relative to access as indicated in Chapter 1185. Access points shall be kept to a minimum to reduce traffic congestion and mitigate potential conflict points. Vehicular and pedestrian conflict points shall also be minimized.
(3) Under PCD and PUD, where applicable, the parking system shall be so designed as to discourage single large unbroken paved lots for off-street parking and shall encourage smaller defined parking areas within the total parking system. Such defined parking areas should be delineated and accented by landscaped areas. Parking aisles, whenever possible, shall be oriented perpendicular to the building fronts.
(Ord. 41-01. Passed 8-20-01.)
(4) The maximum PRD and PUD density shall be four (4) dwelling units per acre based upon the number of units proposed divided by the net developable site. (Ord. 88-05. Passed 11-21-05.)
(5) The maximum PCND density shall be four (4) dwelling units per acre based upon the number of units proposed divided by the gross developable site (including open space).
(6) Under PRD and PUD a minimum of twenty (20) percent of the gross site minus publicly dedicated streets and alleys shall be set aside as public open space. Such open space shall be used for such public purposes as a natural area, recreational area, or the site of a community or school facility.
(Ord. 5-02. Passed 1-22-02.)
(7) Under PCND no less than fifty-percent (50%) of the total gross area of the site shall be set aside as common open space. Open space land may, at the discretion of the Municipality, be dedicated as public park land or public institutional use; or placed within other protected land classification systems which will assure that such land will remain in a natural state prohibiting further development, and the establishment of appropriate standards safeguarding the sites special assets as identified by the Planning and Zoning Commission.
A. The location, shape, size and character of common open space shall be suitable for the Planned Conservation Development in relation to the location, number and types of buildings it is intended to serve. In any case, it shall be highly accessible to all residents or users of the planned development. Entry features, detention and retention basins shall not be included in the area required for common open space.
B. The common open space shall be used for amenity or recreational purposes. Any uses and/or buildings authorized for the common open space must be appropriate to the scale and character of the planned development in relation to its size, density, expected population, topography, and the type of dwellings.
C. The common open space may be suitably improved for its intended use, but common open space containing natural features worthy of preservation such as slopes over twelve (12) percent and wooded areas shall be left unimproved. The buildings, structures, and improvements which are permitted in the common open space must be appropriate to the uses which are authorized for the common open space and must conserve and enhance the amenities of the common open space with regard to its topography and unimproved condition.
(8) Under PCD and PUD where applicable all service and delivery shall be made to the rear of the structure(s) or use unless special design treatment or circumstances warrant an alternative, but only with the approval of the Planning and Zoning Commission. Landscaping and Screening requirements of Chapter 1191 shall apply.
(9) Under PRD, PUD and PCND the location and arrangement of areas of various density shall be so designed as to balance higher density areas adjacent to open space.
(10) Under PRD, PUD, and PCND private roads as a common easement may be used to provide access to clustered lots and/or structures serving residential uses in accordance with the following:
A. The easement shall not be counted as required open space.
B. The easement does not serve an area larger than two (2) acres, except that such area will contain six (6) dwellings or less.
C. Approved as a part of the Subdivision Plat as the most appropriate form of access to the lots and/or structures.
(11) Under PRD, PUD and PCND off-street parking shall be provided in accordance with Chapter 1185, except residential parking may be provided in group garages or parking lots within one hundred and fifty (150) feet of the dwellings served.
(12) Under PCD, PID, PUD, and PCND where appropriate whenever multiple structures are to be located on the site and the site abuts a collector or arterial street, access onto the collector or arterial shall be via interior local streets or marginal access (frontage) roads. All uses within the PCD, PID, PUD, and PCND shall derive their access from the interior streets in the district, unless specific exemptions are made as a part of the approved Development Plan.
(13) Drainage and runoff from the proposed development shall not cause property damage. All drainage improvements shall be designed in conformance with the requirements of the Municipal Subdivision Regulations and shall be approved by the Municipal Engineer prior to Development Plan approval.
(14) Details regarding sanitary sewage collection and disposal and water supply techniques to be utilized shall be addressed in the Development Plan, together with letters of approval from the pertinent local, state and, if applicable, private agencies, and approved by the Municipal Engineer prior to Development Plan approval.
(15) Under PCD, PUD, and PCND no unscreened outside storage shall be permitted and no rubbish or debris of any kind shall be placed or permitted to accumulate on any portion of the parcel or lot so as to render any portion of the property unsanitary, unsightly or detrimental to the public health, safety or welfare.
(16) All utilities shall be placed underground and all utility boxes shall be screened.
(d) Conflict With Other Chapters. Because of the special characteristics of Planned Conservation Developments (PCND), special provisions governing the development of land for this purpose are required. Whenever there is a conflict or difference between the provisions of Chapter 1141 and those of the other Chapters of this Zoning Code, the more restrictive provisions shall prevail. Subjects not covered by this Chapter shall be governed by the respective provisions found elsewhere in this Zoning Code.
(e) Relationship to the Subdivision Regulations. The uniqueness of each proposal for a Planned Conservation Development (PCND) may require that there be modification from the specifications established in the Subdivision Regulations of Canal Winchester, Ohio. Modifications may be incorporated into the plan by the developer only after the review of the Planning and Zoning Administrator.
(f) Utilities. The following regulations apply to the provision of utilities in planned conservation developments.
(1) Planned Conservation Developments (PCND) shall have an adequate source of potable water. All water lines constructed within a planned conservation development shall be at the financial responsibility of the owner or developer.
(2) The owner or developer of a planned conservation development shall be financially responsible for the extension of the existing network of sanitary sewage lines to serve the planned development area. No construction of buildings within any segment of a planned conservation development shall be commenced until after the extension of sanitary sewage lines has been completed.
(3) The following utility equipment shall be provided, constructed and installed underground within a planned development: gas lines, sanitary and storm sewer lines, water lines, electrical lines, telephone lines, and cable television lines.
(4) All utility systems shall be located and designed in such a manner and method as to preserve the natural features of the land such as streams, rock outcropping, topsoil, trees and shrubs and the same shall be incorporated into and with the landscaping of said lands.
(5) Easements across lots or centered on rear or side lot lines shall be provided for utilities where necessary and shall be of adequate width to facilitate the proposed usage.
(6) All utility boxes shall be screened.
(g) Storm Water Management. Due to the size and nature of planned conservation developments and the fact that several types of developments may be exempt from platting requirements, all site plans must have a storm water management plan, approved by the Municipal Engineer, with the improvements constructed before a zoning certificate will be issued for construction of buildings.
(h) Walkways. All Planned Conservation Developments (PCND) where the average lot frontage is less than ninety (90) feet shall be provided with concrete sidewalks on both sides of the street throughout the development. All other walkways shall be constructed of a suitable, dust free, hard surface material. Mulch or other similar surfaces may be permitted for walking trails in areas the Planning and Zoning Commission feels are appropriate.
(i) Trees.
(1) The clearing of land shall be kept to a minimum to help preserve the existing natural conditions.
(2) No land shall be cleared of trees eight (8) to ten (10) feet away from the existing tree canopy. An exception to this requirement shall be granted in the case of those trees which should be removed due to malformation, disease, safety hazards, or to the general benefit of surrounding trees. The foregoing shall be considered as a guideline for preservation of the natural environment.
(Ord. 41-01. Passed 8-20-01.)
(Ord. 41-01. Passed 8-20-01.)
1173.04 PLAN CONTENTS AND REQUIREMENTS.
(a) As part of the request for rezoning to a Planned District, a Preliminary Plan must be submitted to the Planning and Zoning Commission along with the text of all applicable development standards text. A Zoning Certificate will not be issued for any site or sites until a Development Plan is approved by the Planning and Zoning Commission and found in conformance with the adopted Preliminary Plan and Development Standards.
(1) Preliminary Plan. The Preliminary Plan is a conceptual plan submitted at the time of a request for rezoning generally describing the proposed uses for the site to be rezoned and their relationship with surrounding properties and uses. The Preliminary Plan shall contain the following elements.
A. A topographic map of the site and adjacent property showing existing natural features including wooded areas and major trees. A description of how the proposed development has planned to utilize the existing site, identifying changes to the existing site grading and noting major trees that will be removed as a part of the proposed development.
B. A schematic plan showing the general development of the tract, location of existing and proposed structures, parking lot layout and other development features including the location of all out parcels.
C. An engineering feasibility statement in sufficient detail to indicate how the proposed development will be serviced with water, sanitary sewer and storm drainage facilities.
D. The proposed traffic circulation pattern showing public and private streets and other transportation facilities, including major pedestrian routes, with evidence through a traffic study that the proposed development will not adversely impact existing transportation facilities.
E. A conceptual landscaping plan that shows the ability of the proposed development to meet all aspects of Chapter 1191.
F. A proposed schedule or phasing of development of the site.
G. Evidence that the applicant has sufficient control over the land to accomplish proposed and required land improvements.
H. Any additional information required by the Planning and Zoning Commission necessary to determine that the proposed development meets the intent and purposes of the appropriate Planned District.
(2) Development Standards Text. A Development Standards Text shall be submitted as part of the Preliminary Plan and shall be narrative and graphics, as necessary, in order to detail the development standards to be applied to the development concept described in the Preliminary Plan. The Development Standards Text should clearly identify any standard that is less than the standards established by this Chapter. These modifications shall be justified by fully stating what adjustments, amenities or other compensations are provided as part of the Preliminary Plan to offset the use of reduced standards and by demonstrating how the modified standards will result in the best possible development for the site. Unless specifically modified by the Development Standards Text, the standards established by this Chapter shall apply to the proposed development.
(3) Development Plan. Following approval of the Preliminary Plan and prior to issuance of a Zoning Certificate, a Development Plan shall be submitted to the Planning and Zoning Commission for the part of the area defined in the Preliminary Plan. The Development Plan is a detailed Site Plan that shall contain the following information and adhere to the Development Standards Text approved as part of the Preliminary Plan:
A. Site Survey. On a survey, show boundary information, existing and proposed development, existing and proposed topography, existing and proposed easements, rights-of-way and utilities.
B. Setbacks. The Site Plan shall indicate building, service areas, parking lot and signage setbacks including front yard, rear yard and side yard areas and shall be in accordance with the approved Development Standards Text.
C. Modifications of Development Standards Text. Any desired modifications of the Development Standards Text approved as part of the Preliminary Plan shall be so indicated in a modified Development Standards Text document.
D. Height Requirements. Maximum height requirements, including mechanical areas, parapets, etc. shall be made per the Development Standards Text requirements and shown on building front, rear and side elevation drawings.
E. Parking and Loading. All parking and loading spaces shall be shown including typically dimensions of parking stalls, aisles and loading spaces, size, number of spaces and general location shall also be governed by the Development Standards Text.
F. Waste and Refuse. Handling of waste and refuse materials shall be indicated and described by the Development Standards Text and shall include appropriate screening and type of containerization.
G. Circulation. All major circulation routes, including arterial, adjacent curb cuts, collector and local streets shall be indicated including rights-of-way, dimensions, pavement widths and intersection improvements. All driveways/curb cuts shall be indicated, including major aisle ways and service routes. Major pedestrian circulation routes shall also be indicated including dimensions of path and pedestrian crossings, etc. plus any attempts at separating vehicular and pedestrian/recreation movement.
H. Landscaping. As part of the Development Plan, proposed landscaping shall be shown including the general landscaping pattern and type of materials, mounding and fencing. Landscaping may vary in density, spacing and other treatment to reflect variations in topography, existing landscaping or adjacent land uses and conform to Chapter 1191. Landscape features shall be shown as well as planting dimensions, height, d.b.h. and type of plant materials per the Development Standards Text.
I. Signage and Graphics. All signage and graphics shall comply with the Development Standards Text. Letter and other graphic size, sign material, shape, color and illumination (internal only) shall be indicated. This includes dimensions of all ground and wall signage as well as distances from rights-of-way and intensity of illumination. Directional signage shall also be indicated.
J. Lighting. All exterior lighting fixtures shall be shown including parking lot lighting, street walkway or pedestrian lighting, walkway accent lighting and building accent lighting. Lighting intensity and installation height shall be indicated.
K. Accessory Structures, Decks, Patios and Fencing. All accessory structures, decks, patios and fences shall conform to the Development Standards Text and appropriate materials, heights, location and style indicated.
L. Architectural Treatment. As part of the Development Plan front, rear and side building elevations shall be shown in accordance with the Development Standards Text indicated building material, color and height. Color material samples shall also be made available for inspection.
(Ord. 41-01. Passed 8-20-01.)
1173.05 REVIEW BASIS.
(a) Preliminary Plan. The basis for the approval of the Preliminary Plan shall be:
(1) That the proposed development is consistent in all respects with the purpose, intent and applicable standards of the Zoning Code.
(2) That the proposed development is in conformity with appropriate comprehensive planning or portion thereof as it may apply.
(3) That the acceptability of setbacks, distances between buildings, yard space, suitability of open space systems, traffic accessibility and other elements having a bearing on the overall acceptability of the Development Plan shall contribute to the orderly development of land within the municipality.
(4) That any modifications or minimum development standards established by the Zoning Code are properly identified and adequately justified in the Development Standards Text as necessary to insure a higher quality development.
(5) That the proposed development is in conformity with any design or site planning guidelines adopted by the Planning and Zoning Commission.
(6) That the plan provides for the coordination and integration of individually designed buildings into one planned district.
(b) Development Plan. Basis for approval of a Development Plan shall be:
(1) That the plan is complete in all respects relative to the requirements set forth in Section 1173.05 (a).
(2) That any modifications of the Development Standards Text approved as part of the Preliminary Plan support and enhance the purposes and intent of the Zoning Code, any applicable comprehensive planning program and any design or site planning guidelines adopted by the Planning and Zoning Commission.
(3) That all engineering issues have been resolved to the satisfaction of the appropriate municipal staff and that final approval of the Development Plan is subject to the acceptance of final engineering of all phases of the development.
(Ord. 41-01. Passed 8-20-01.)
1173.06 PROCEDURES FOR APPROVAL.
(a) Submission of Application for Preliminary Plan:
(1) Prior to filing an application for rezoning to a Planned District, the applicant shall meet with Planning and Zoning Administrator in a pre- application review meeting to discuss the requirements for a Preliminary Plan and Development Standards Text which are required as part of the rezoning request.
(2) The applicant shall submit the rezoning application along with twenty copies of the proposed Preliminary Plan and Development Standards Text in accordance with the submission schedule established by the Planning and Zoning Commission. In order to defray the cost of examination of the rezoning application and the Plan and Text and review by the Planning Commission, the applicant shall pay a fee in accordance with the fee as stipulated by ordinance. Staff shall circulate the Preliminary Plan and other comments to appropriate departments in the municipality for review and comment.
(3) Once the applicant has submitted a completed application in accordance with the submission schedule, staff shall submit the application to the Planning and Zoning Commission for their review and action at the next regular meeting of Planning and Zoning Commission as specified in their submission schedule. It shall be the duty of Planning and Zoning Commission to review the Plan and determine whether it complies with the regulations of this Chapter. Planning and Zoning Commission will forward a recommendation to Council.
(4) A Preliminary Plan shall be valid for five years after Council approval. Construction of any phase of the development must begin within this period or a new Preliminary Plan is required.
(b) Submission of Development Plan.
(1) Prior to filing for Development Plan Approval, the applicant shall meet with the Planning and Zoning Administrator to review the Development Plan relative to the previously approved Preliminary Plan and Development Standards Text as well as procedures for approval.
(2) The applicant shall submit an application to the municipality including the required number of copies of the proposed Development Plan, Development Standards Text modification if appropriate and any other required information in accordance with the submission schedule of the Planning and Zoning Commission. In order to defray the cost of examination of the materials and review by the Planning and Zoning Commission, the applicant shall pay a fee in accordance with the fee schedule as stipulated by ordinance.
(3) It shall be the duty of the Planning and Zoning Commission to review the plan and determine whether it complies with the regulations of this Chapter. Such determination shall be made at the first regular meeting of the Planning and Zoning Commission in accordance with the submission and hearing schedule established by the Commission. If the Planning and Zoning Commission finds that the Development Plan complies in all respects with the regulations of this Chapter and the previously approved Preliminary Plan and Development Standards Text, the Commission shall approve the plan. With the approval of the Planning and Zoning Commission, minor modifications of the approved preliminary plan may be made. Such modifications shall not increase the overall density of the site or change the essential character of the approved plan. If the Planning and Zoning Commission determines that such proposed changes significantly alter the approved plan, it is considered a major change and the plan must be resubmitted to Council for approval.
(4) In the event that the Planning and Zoning Commission does not approve the plan, each applicant shall be notified in writing of the reason for disapproval or modification along with the decision of the Planning and Zoning Commission. Decisions of the Planning and Zoning Commission disapproving the plan are appealable to Council in accordance with the provisions of Chapter 1147.
(c) Conformance with the Development Plan. Development shall be in conformance with the Development Plan and construction site improvements must be commenced within two years of Planning and Zoning Commission or Council approval; otherwise, no development of the land shall take place until a new Development Plan is approved pursuant to this section.
(d) Modification of the Development Plan. With the approval of the Planning and Zoning Commission, minor modifications of the approved Preliminary Development Plan may be made. Such modification shall not increase the overall density of the site or change the essential character of the approved plan. If the Planning and Zoning Commission determines that such proposed changes significantly alter the approved preliminary development plan, it is considered a major change and the revised plan must be resubmitted to Council for approval. Development of land shall not proceed prior to final approval of the Development Plan. Any development undertaken without such final approval is in violation of this Zoning Code and an abatable nuisance.
(e) Variances from Development Standards. The Planning and Zoning Commission and/or Council may approve variances from the Development Standards of this Chapter as part of the Development Standards Text and Development Plan. These variances shall be consistent with the intent of the zoning district.
(Ord. 41-01. Passed 8-20-01.)
(Ord. 41-01. Passed 8-20-01.)
1173.07 OWNERSHIP OF COMMON OPEN SPACE IN PCND.
Different ownership and management options apply to the permanently protected common open space created through the PCND development process. The common open space shall remain undivided and may be owned and managed by a homeowners association, the Municipality, or a recognized land trust or conservation district (conservancy). A public land dedication, not exceeding ten (10) percent of the total parcel size, may be required by the Municipality to facilitate trail or pathway connections. A narrative describing ownership, use and maintenance responsibilities shall be submitted for all common and public improvements, utilities, and open spaces.
(a) Ownership Standards. Common open space within the PCND development shall be owned, administered, and maintained by any of the following methods, either individually or in combination, and subject to approval by the Municipality.
(1) Offer of Dedication. The Municipality shall have the first offer of dedication of undivided common open space in the event said land is to be conveyed. Dedication shall take the form of a fee simple ownership. The Municipality may, but not be required to accept undivided common open space provided: 1) such land is accessible to all the residents of the Municipality; 2) there is no cost of acquisition other than incidental costs related to the transfer of ownership; 3) the Municipality agrees to maintain such lands; 4) the land is not potentially hazardous. Where the Municipality accepts dedication of common open space that contains improvements, the Municipality may require the posting of financial security to ensure structural integrity of improvements for a term not to exceed eighteen (18) months.
(2) Homeowners Association. The undivided common open space and associated facilities may be held in common ownership by a homeowners association. The association shall be formed and operated under the following provisions:
A. The developer shall provide a description of the association, including its bylaws and methods for maintaining the common open space.
B. The association shall be organized by the developer and shall be operated by the developer, before the sale of any lots within the development.
C. Membership in the association is mandatory for all purchasers of homes therein and their successors. The conditions and timing of transferring control of the association from developer to homeowners shall be identified.
D. The association shall be responsible for maintenance of insurance and taxes on the undivided common open space, enforceable by liens placed by the Municipality on the association. The association may establish rules to ensure proper maintenance of property, including monetary liens on the homes and home sites of its members who fail to pay their association dues in a timely manner. Such liens may impose a penalty of interest charges.
E. The members of the association shall share equitably the costs of maintaining and developing, where appropriate, such undivided common open space. Shares shall be defined within the association bylaws.
F. In the event of transfer, within the methods here permitted, of undivided common open space land by the homeowners association, or the assumption of maintenance of undivided common open space land by the Municipality, notice of such pending action shall be given to all property owners within the development.
G. The association shall provide for adequate staff to administer common facilities and property and continually maintain the undivided common open space.
H. The lease shall be subject to the approval of the homeowners association board and any transfer or assignment of the lease shall be further subject to the approval of the board. Lease agreements shall be recorded with the Franklin County or Fairfield County Recorders Office, whichever is applicable, and notification shall be provided to Council within thirty (30) days of action by the board.
I. The homeowners association may lease common open space lands to any other qualified person, or corporation, for operation and maintenance of common open space lands, but such a lease agreement shall provide:
a. That the residents of the development shall at all times have access to the common open space lands contained therein (except croplands during the growing season);.
b. That the undivided common open space shall be maintained for purposes set forth in this Chapter; and
c. That the operation of common open space facilities may be for the benefit of the residents only, or may be open to all residents of the Municipality, at the election of the developer and/or homeowners association. In cases where public trails or paths are provided as linkage between developments or as a continuous link of common open space within the Municipality, all residents of the Municipality shall have access to such identified paths/walkways.
(3) Condominiums. The undivided common open space and associated facilities may be controlled through the use of condominium agreements, approved by the Municipality. Such agreements shall be in conformance with all applicable laws and regulations. All undivided common open space land shall be held as a “common element”.
(4) Dedication of Easements. The Municipality may, but shall not be required to, accept easements for public use of any portion or portions of undivided common open space land, title of which is to remain in ownership by condominium or homeowners association, provided:
A. Such land is accessible to Municipal residents;
B. There is no cost of acquisition other than incidental transfer of ownership costs; and
C. A satisfactory maintenance agreement is reached between the developer, association and the Municipality.
(5) Transfer of Easements to a Private Conservation Organization. With the permission of the Municipality, an owner may transfer easements to a private, nonprofit organization, among whose purposes it is to conserve open space and/or natural resources, provided that:
A. The organization is acceptable to the Municipality, and is a bona fide conservation organization with perpetual existence;
B. The conveyance contains appropriate provisions for the proper reverter or retransfer in the event that organization becomes unwilling or unable to continue carrying out its function; and,
C. A maintenance agreement acceptable to Council is entered into by the developer and the organization.
(Ord. 41-01. Passed 8-20-01.)
1173.08 MAINTENANCE OF OPEN SPACE IN PCND.
(a) The ultimate owner of the open space shall be responsible for raising all monies required for operations, maintenance, or physical improvements to the open space through annual dues, special assessments, etc. The owner shall be authorized under its bylaws to place liens on the property of residents who fall delinquent in payment of such dues, assessments, etc.
(b) In the event that the organization established to own and maintain common open space shall at any time after establishment of the planned development fail to maintain the common open space in reasonable order and condition in accordance with the Final Development Plan, the Planning and Zoning Administrator may serve written notice upon such organization or upon the residents of the planned conservation development setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition. The notice shall include a demand that such deficiencies of maintenance be cured within thirty (30) days thereof, and shall state the date and place of a hearing thereon which shall be held within fourteen (14) days of the notice. At such hearing Council may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be cured. If the deficiencies set forth in the original notice or in the modifications thereof shall not be cured within said thirty (30) days or any extension thereof, Council, in order to preserve the taxable values of the properties within the planned development and to prevent the common open space from becoming a public nuisance, may enter upon said common open space and maintain the same for a period of one (1) year. Said entry and maintenance shall not vest in the public any rights to use the common open space. Before the expiration of said year, Council shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common open space, call a public hearing upon notice to such organization, or to the residents of the planned development, to be held by Council, at which hearing such organization or the residents of the planned development shall show cause why such maintenance by Council shall not, at the election of Council, continue for a succeeding year. If Council determines such organization is ready and able to maintain said common open space in reasonable condition, Council shall cease to maintain said common open space at the end of said year. If Council shall determine such organization is not ready and able to maintain said common open space in a reasonable condition, Council may, in its discretion, continue to maintain said common open space during the next succeeding year and subject to a similar hearing and determination, in each year thereafter. The decision of Council in any such case shall constitute a final administrative decision subject to review as provided by law.
(c) The cost of such maintenance by the Municipality shall be assessed against the properties within the planned development that have a right of enjoyment of the common open space, and shall become a tax lien on said properties. The Municipality, at the time of entering upon said common open space for the purpose of maintenance, shall file a notice of such lien in the office of the Franklin or Fairfield County Recorder, upon the properties affected by such lien within the planned development.
(Ord. 41-01. Passed 8-20-01.)
1175.01 OLD TOWN OVERLAY DISTRICT.
(a) Purpose and Intent. The Old Town Overlay District is hereby established to preserve the development character and pattern that has occurred over time within both the Historic District and Preservation District. It is the intent of the Old Town Overlay District to maintain, develop, and enhance the distinctive character of Canal Winchester.
(b) Applicability. All properties within Old Town Overlay District will be subject to the following requirements and standards. In cases where the requirements and standards of the Old Town Overlay District conflict with similar requirements and standards of this Zoning Code, the requirements and standards of the Old Town Overlay District shall supersede those of this Zoning Code.
(c) Boundaries. The boundaries of the Old Town Overlay District are shown on the map found in the Canal Winchester Old Town Guidelines. Copies of the Canal Winchester Old Town Guidelines are on file with the Planning and Zoning Department.
(d) Administration of Overlay Regulations. The Historic District and Preservation District in the Old Town Overlay District shall fall under the jurisdiction of the Landmarks Commission. The Landmarks Commission shall administer the regulations contained in Section 1175.01 of this Zoning Code.
(e) Certificate of Appropriateness Required.
(1) No construction, reconstruction, exterior alteration, or demolition shall be made to any property within the Historic District or Preservation District until a Certificate of Appropriateness has been applied for, and issued by, the Landmarks Commission. No Certificate of Zoning Compliance and/or other appropriate permits shall be issued by the Planning and Zoning Administrator for any construction, reconstruction, exterior alteration, or demolition of any structure in the Historic District or Preservation District unless a Certificate of Appropriateness has been issued.
(2) Council shall seek the guidance of the Landmarks Commission for construction, reconstruction, alteration or demolition of any public building, public work, public lands or public utility owned by Canal Winchester when there is a question of landmarks status or historical significance. The Landmarks Commission must provide this guidance in the form of a Certificate of Appropriateness or some other method within sixty (60) days of Council's request.
(3) No Certificate of Appropriateness shall be required for construction, reconstruction, alteration or demolition of any public building, public work, public lands or public utility owned by Canal Winchester when there is not a question of landmarks status or historical significance.
(4) A Certificate of Appropriateness for the change of paint color shall be required for properties within the Historic District and shall not be required for properties in the Preservation District.
(f) Certificate of Appropriateness Procedure for Design Review.
(1) An informal meeting between the Planning and Zoning Administrator and the property owner or applicant is encouraged prior to the submittal of an application for a Certificate of Appropriateness.
(2) Applications for a Certificate of Appropriateness shall be filed with the Planning and Zoning Administrator at least fifteen (15) days prior to the meeting of the Landmarks Commission.
(3) Application Contents. An application for a Certificate of Appropriateness shall contain the following, as applicable:
A. The name, address, and phone number of the applicant.
B. The location of the property in question.
C. If employed, the name and contact information of the architect and/or contractor.
D. A complete description of the proposed alteration, construction, or other external change.
E. A plot plan illustrating the proposed structural or exterior changes including changes in setbacks, facilities, landscaping, screening, fences, walkways, signs, and other relevant structures and fixtures and their relationship to the surrounding structures.
F. A plan indicating changes in site elevations.
G. Description or sample of materials to be used in the proposed project.
H. The names and addresses of adjoining property owners.
I. The applicant may submit sketches, photographs and other illustrative material relevant to the proposed project. In addition, the Planning and Zoning Administrator and/or Landmarks Commission may request such additional information as is deemed necessary to review the application in keeping with the intent of this Ordinance.
(4) The Landmarks Commission shall determine whether the proposed construction, reconstruction, exterior alteration, or demolition will be appropriate to the preservation of the environmental, architectural or historic character of the structure and property in Historic District or Preservation District, pursuant to Section 1175.01(g). The applicant or his representative or agent shall be present at the meeting at which action on the request is to occur.
(5) In determining the appropriateness of a specific alteration or environmental change, the Landmarks Commission may conduct a public hearing on the project and/or solicit input from consultants to the Municipality. If insufficient information is provided to enable the Landmarks Commission to evaluate the application, the Landmarks Commission may table discussion on the application until further information is provided by the applicant. If an application is tabled, the Planning and Zoning Administrator shall notify the applicant of such action, along with a list of the information needed to take action.
(6) After action on the application by the Landmarks Commission, the applicant shall be informed in writing of the decision by the Landmarks Commission.
(7) If no action is taken within sixty (60) days from the date of application, the Certificate of Appropriateness shall be issued as a matter of law. This provision shall not apply if the application is tabled due to lack of information provided by the applicant, or due to the applicant requesting that the application remain tabled.
(8) It shall be the duty of the Planning and Zoning Administrator to monitor the completion of the approved alteration or environmental change, and to notify the Chairperson of the Landmarks Commission if such action is not carried out consistent with the approved application.
(9) A Certificate of Appropriateness shall be conditional upon the commencement of work within one (1) year of issuance. If the work has not been more than fifty (50) percent completed within one and one-half (1 1/2) years of issuance, the certificate shall expire and be revoked by the Planning and Zoning Administrator. Written notice shall be provided to the property owners together with notice that further work as described in the canceled certificate shall not proceed unless a new certificate is issued or an extension granted.
(10) If a Certificate of Appropriateness expires and/or is revoked, and a new certificate or extension is not granted, it is the property owner's responsibility to return the property to its original state prior to issuance of the Certificate of Appropriateness within thirty (30) days.
(11) Once a Certificate of Appropriateness expires or is revoked, only one (1) additional Certificate of Appropriateness shall be approved for the project. After the second Certificate of Appropriateness has expired, the property shall be subject to the requirements of Section 1175.01(10). When the requirements of Section 1175.01(10) have been fulfilled to the satisfaction of the Planning and Zoning Administrator, a new Certificate of Appropriateness application may be submitted for review.
(g) Design Criteria. The following design criteria shall apply to properties within the Historic District and Preservation District, unless otherwise specified:
(1) Architectural Styles. Architecture of submitted new construction shall be in an architectural style which is prominent and appropriate in the Old Town Overlay District. Examples of historic architectural styles in Canal Winchester can be found in the Old Town Guidelines.
(2) Rehabilitation. The rehabilitation of existing structures shall preserve the character, historical significance, and architectural style of the structure. Rehabilitation of a structure shall be appropriate for the time period and style of the structure and a false sense of history shall not be created.
(3) Height. The height of new structures shall be compatible with the height of the existing adjacent buildings, unless the Landmarks Commission finds that it is not in the best interest of the community that a common height be maintained. The height of any building in the Old Town Overlay District shall not exceed the maximum height permitted in the underlying zoning district.
(4) Building Massing. For new construction, the building width, height, surrounding setbacks and style shall be considered in relationship to adjacent structures. This relationship between buildings should allow for consistency of style, size and density in each given neighborhood area.
(5) Materials. Properties in the Historic District shall use traditional building materials such as wood, brick, or stone for rehabilitation or new construction projects. Properties in the Preservation District shall also use traditional building materials such as wood, brick, or stone for new construction projects. Rehabilitation projects in the Preservation District are encouraged to use traditional building materials, but may use man-made materials at the discretion of the Landmarks Commission if the proposed project keeps in character with the existing building, area structures, the Old Town Guidelines, and all other stated design criteria.
(6) Enhancement of Pedestrian Environment. Where possible, elements which can contribute to the quality of the pedestrian environment and other public amenities should be promoted. Included among these may be benches, water fountains, seating areas, arcades, awnings or canopies.
(7) Signage. Signage in the Old Town Overlay District shall be subject to the following standards:
A. Signage shall be properly scaled and consistent with the architectural character of the subject building.
B. Signs shall be composed of metal, wood or a wood composite material. Window signs utilizing decals shall be exempt from this material requirement.
C. Internally illuminated signs are prohibited in the Historic District and Preservation District. External lighting is appropriate, but the light source should be placed in an inconspicuous location where it will not obscure other features of the building.
D. No more than one (1) wall, projecting, or awning sign shall be permitted for each business or use. A secondary wall, projecting, or awning sign shall only be permitted when either:
i. A building has a rear or side parking area and rear or side entrance. Such secondary sign shall be located at secondary building entrance facing the parking area.
ii. A building is located on corner property that faces two (2) public streets, not including alleys. In such an instance, one (1) sign shall be oriented toward each public street.
F. Freestanding signs shall be permitted per the following requirements:
i. The setback of a freestanding sign shall be no less than five (5) feet from any property line or public right-of-way.
ii. Freestanding signs shall have a display area of no more than ten (10) square feet per side, a display area of no more than twenty (20) square feet in total display area and a height of no more than six (6) feet.
iii. Multi-tenant freestanding signs shall have a display area of no more than fifteen (15) square feet per side, a display area of no more than thirty (30) square feet in total display area and height of no more than six (6) feet. A single tenant shall not take up more than fifty (50) percent of a multi-tenant sign.
iv. Freestanding signs located in the Old Town Overlay District shall be exempt from Section 1189.08(a)(6) of this Zoning Code which requires the base of such sign to be solid without any gaps and completely flush against the adjacent grade.
(8) Old Town Guidelines. The Old Town Guidelines shall serve as a guide for the review of a Certificate of Appropriateness application. The Old Town Guidelines shall facilitate the Landmarks Commission in their review process in concert with the aforementioned design criteria. It shall be the responsibility of the Landmarks Commission to maintain the Old Town Guidelines.
(h) Appeal.
(1) Whoever is aggrieved or affected by the decision of the Landmarks Commission involving an application for a Certificate of Appropriateness shall have the right to file an appeal with Council. A written appeal shall be filed with the Clerk within ten (10) calendar days of the decision of the Landmarks Commission. At the time of filing the appeal, the Planning and Zoning Administrator shall turn over to Council the application and any relevant background information. A public hearing shall be scheduled with thirty (30) days of Council's receipt of the appeal. Council shall have a maximum of sixty (60) calendar days from receipt of an appeal to hold a public hearing, consider the appeal and make a decision on the appeal. To reverse or modify the Landmarks Commission's decision, a simple majority vote of the full membership of Council shall be required.
(2) Public Notification. At least one (1) notice shall be given at least ten (10) days prior to the public hearing on the website of the City of Canal Winchester. Such notice shall include the date, time and place of the public hearing and nature of the appeal. Written notice of the appeal shall be mailed by the Municipality, certified mail, at least ten (10) days prior to the date of the public hearing to the property owner or applicant and, if different, the party filing the appeal. Such notice shall include the date, time and place of the public hearing and nature of the appeal.
(3) In approving a Certificate of Appropriateness on appeal, Council may prescribe additional conditions and safeguards in conformity with this Zoning Code. Violations of such conditions and safeguards, when made a part of the terms under which said Certificate of Appropriateness is approved, shall be deemed a violation of this Zoning Code and punishable as prescribed in Chapter 1135 and shall result in revocation of the Certificate of Appropriateness approval.
(Ord. 23-005. Passed 2-6-23.)
1175.02 VIOLET POINTE OVERLAY DISTRICT.
(a) Purpose and Intent. The Violet Point Overlay District is hereby established to provide additional standards for development within the Cooperative Economic Development Agreement (CEDA) area. It is further the purpose of these standards to promote safety, encourage quality, orderly development and promote the goals of the Municipality, the Canal Winchester and Violet Township CEDA Plan, and the Canal Winchester Community Plan.
(b) Applicability. The development standards contained herein shall apply to all new developments, redevelopments, additions, accessory structures, and major site modifications that occur within the Violet Pointe Overlay District. Requirements and standards of the Violet Pointe Overlay District shall supersede other applicable sections of this Zoning Code in instances which similar requirements and standards conflict.
(c) Boundaries. The Violet Pointe Overlay District shall consist of all properties within the corporation limits of the City of Canal Winchester that are located within the boundary of the CEDA area. The boundary of the CEDA area consists of the territory identified in Article I of the CEDA Agreement defmed as the area bounded by Busey Road on the north, U.S. 33 on the south, the Franklin County line on the west and the Canal Winchester School District boundary on the east, within the State of Ohio, County of Fairfield, Township of Violet and City of Canal Winchester.
(d) Joint Land Use Committee. A Joint Land Use Committee comprised of the persons specified in Article VIII of the CEDA agreement shall review and provide a recommendation to the Canal Winchester Planning and Zoning Commission and City Council, as applicable, for all new developments, redevelopments, additions, accessory structures, major site modifications, zoning amendments, variances to Section 1175.02 of this Zoning Code, and annexations that occur within Violet Pointe Overlay District. The CEDA Joint Land Use Committee shall review the proposed development and provide a recommendation based on the following criteria:
(1) The compatibility of the application with the Canal Winchester and Violet Township CEDA Plan.
(2) The compliance of the application with the development standards of the Violet Point Overlay District and this Zoning Code.
(4) Other observations as the Joint Land Use Committee deems appropriate.
(e) General Development Standards. The general development standards of the Violet Point Overlay District shall apply to all new developments, redevelopments, additions, accessory structures and major site modifications for all uses including, but not limited to, commercial, office, industrial, institutional, religious, governmental, multi-family residential, and, where specified, single-family residential. These general development standards ensure consistency and quality throughout the Violet Point Overlay District and each parcel's development.
(1) Buffering, Landscaping and Screening. Landscaping is required along an existing or planned public right-of-way, adjacent to surface parking areas facing an existing or planned right of way, abutting land in a residential zoning district, and throughout exterior areas in accordance with the following standards:
A. Deciduous street trees shall be placed within the public right-of-way, or an easement, and spaced at a maximum of thirty (30) feet on center. This requirement shall apply to all street trees in areas containing single-family residential uses.
B. Any surface parking areas adjacent to an existing or planned public right-of-way shall be screened from the respective right-of-way with a minimum of a thirty (30) inch continuous planting hedge and tree combination. The height shall be measured from the adjacent parking area. Throughout the setback area between a surface parking area and an existing or planned public right-of-way, there shall be a minimum of four (4) trees per one hundred (100) lineal feet. Trees may be deciduous, coniferous or a combination thereof This requirement shall not apply in the areas of ingress and egress, or to existing trees which are undisturbed by the project.
C. Non-residential uses adjacent to the residential uses (current and future) and multi-family uses adjacent to single-family residential uses (current and future) shall install a continuous planting hedge and tree combination to provide screening from such adjacent use. The required planting hedge and tree combination shall be a minimum of six (6) feet in height at the time of installation. Mounding may be used to achieve the required height and fencing may be incorporated to provide additional screening.
D. Grass (seed or sod), shrubs, trees, garden planting areas or other appropriate landscaping materials shall be planted in all exterior areas. Other groundcover, such as ivy, may be planted in exterior areas which are not occupied by required landscaping material or required for drainage.
E. Minimum Tree Size. All trees required by these CEDA Development Standards, or other applicable standard, shall meet the following minimum tree sizes at the time of planting:
Tree | Minimum Size at Planting |
Deciduous - street tree | TA Inch Caliper |
Deciduous - Screening, Parking Lot or other Exterior Property Area | 2 Inch Caliper |
Coniferous | 5 feet in Height |
F. All plants shall meet or exceed American Standards for nursery stock as set forth by the American Association of Nurserymen.
G. All trees and landscaping shall be well maintained. Dead trees, shrubs and other landscaping material shall be promptly removed and, when required, shall be replaced within six (6) months. This requirement shall apply to all trees, shrubs and other landscaping material on properties with a single-family residential use.
H. Tree Preservation. Reasonable and good faith efforts will be made to preserve existing trees. Consideration shall be given to laying out service roads, lots, structures and parking areas to avoid the unnecessary destruction of wooded areas and individual trees. Additionally, standard tree preservation practices must be used to preserve and protect trees during all phases of construction, including the installation of snow fencing at the drip line. This requirement shall apply to all existing trees on properties with existing or future single-family residential use.
(2) Mechanical equipment production storage and service areas, trash containers, loading zones, and lighting.
A. Mechanical Equipment. All external mechanical equipment shall be screened from adjacent existing or planned public rights-of-way with materials that are similar to or the same as those used on the adjacent building façade, or with landscaping. This requirement shall include rooftop equipment and ground mounted mechanical equipment.
B. Service Areas, Production areas, Service areas, Storage Areas, Trash Containers, and Loading Zones.
i. Production areas, service areas, storage areas, trash containers and loading zones shall be located at the rear of the building or the side of the building if the side is not oriented towards an existing or planned public right-of-way, private street, or an existing or proposed residential area.
ii. Production areas, service areas, storage area, trash containers and loading zones shall be effectively screened from all adjacent property lines, existing or planned public rights-of-way and private streets. Screening of such areas shall consist of either landscaping or walls accented with landscaping materials. Screening consisting of walls shall utilize materials complementary to those used on the majority of the building.
C. Lighting.
i. Site lighting shall be required for all developments and be designed to sufficiently illuminate the site and minimize spillover from the property.
ii. Light pole heights should be in harmony with the parcel, building and parking lot size as well as the surrounding area. Parking lot lighting shall be of a standard light source type and style.
iii. For residential uses, parking lot lighting shall not exceed twelve (12) feet in height.
iv. For non-residential uses, parking lots with thirty (30) or less spaces shall have a maximum lighting pole height of eighteen (18) feet and parking lots with more than thirty (30) spaces shall have a maximum lighting pole height of thirty (30) feet.
v. Building, pedestrian and landscape lighting may be incandescent, metal halide or other suitable lighting as determined by the Canal Winchester Planning and Zoning Commission.
vi. All parking lot areas shall have a maximum light intensity of twenty (20) foot candles and an average light intensity between one (1) foot candle and three (3) foot candles.
vii. All external lighting shall be decorative or cut-off type fixtures and downcast to reduce spillover. Outdoor lighting shall be directed, reflected or shielded so as not to be of excessive brightness or cause glare hazardous to pedestrians or drivers, create a nuisance or unreasonably interfere with a neighboring property owner's right to enjoy his property. Light spillover shall not exceed one-tenth (0.1) foot candles when adjacent to a residential district or an existing residential use.
viii. Luminaries should have a minimum cut-off of forty-five (45) degrees, so as to provide glare control to pedestrian and vehicular traffic, as well as distinct beam cut-off on the outer perimeter of the setback areas.
ix. All landscape uplight fixtures shall be screened by landscaping and
x. No permanent colored lights or neon lights shall be used on the exterior of buildings.
xi. External building lighting shall be limited to wall mounted sconces.
(3) Graphics and Signage.
A. All signage shall conform to the standards set forth in this Zoning Code, unless otherwise stated below.
B. Backlighting of individual letters on wall mounted signage shall be permitted.
C. All signage and graphics shall be carefully coordinated with the building and architecture.
D. Signs shall not be painted directly on the surface of the building, wall or fence. No wall murals shall be allowed.
E. No roof signs, roof mounted signs or parapet signs shall be permitted. No part of any sign shall extend higher than the eave of any building.
F. The following signs shall be prohibited: portable displays or mobile signs, gas filled devices, revolving or rotating signs, exposed neon signs, cabinet box signs, exposed LED signs, monopole signs, rotating signs, signs with flashing messages or bare bulbs, signs on backlit awnings, flashing signs, video signs, signs with moving text or pictures, and bench signs.
G. Non-residential properties shall be permitted one (1) entry sign and one (1) exit sign per access driveway connecting to a public or private street. Entry and exits signs shall be limited to a maximum height of three (3) feet, a maximum area of two and one-half (2 1/2") square feet per side and shall be located on the property of the user(s) of which they are identifying the entry or exit.
(Ord. 38-12. Passed 11-5-12.)
H. One (1) wall mounted sign per non-residential tenant shall be permitted with an area of no more than one (1) square foot of sign area per two (2) lineal feet of unit frontage and not exceeding one hundred twenty-five (125) square feet in area.
(Ord. 14-001. Passed 5-19-14.)
I. One (1) hanging sign per non-residential tenant may protrude from a building façade. Such sign shall not exceed six (6) square feet in sign area per sign face.
J. One (1) ground supported monument-type freestanding sign per parcel containing a non-residential use, or uses, shall be permitted in accordance with the following requirements:
i. The maximum height of any monument sign shall be six (6) feet as measured from grade to the top of the highest part of the sign. Mounding shall not be installed to increase the height or visibility of a monument sign.
ii. Maximum sign area of thirty (30) square feet per sign face (not including the structural support).
iii. All monument signs shall have a base consistent with the primary building material and have a minimum of fifty (50) square feet of landscaping around all sides of the monument sign.
K. Each building and unit, if applicable, shall have an address number that is clearly visibility from the public right-of-way. This requirement shall apply to all buildings with a single-family residential use.
(4) Stormwater Basins. Dry detention basins are prohibited. All stormwater basins shall be wet basins and aeration devices may be required. Bioretention basins, or rain gardens, may be used only when approved by The City of Canal Winchester. All stormwater basins shall be constructed per the requirements of the Canal Winchester Stormwater Manual. This requirement shall apply to all stormwater basins on properties with a single-family residential use and in single-family residential developments.
(f) Office and Commercial Standards. The following standards shall apply to properties in the Violet Pointe Overlay District zoned General Commercial, Neighborhood Commercial, Suburban Office and Institutional, Exceptional Use, or Planned Commercial District. These standards shall also apply to properties zoned Planned Unit District which are approved for office or commercial uses.
(1) Uses.
A. Permitted Uses. All uses permitted in an underlying zoning district contained in this Zoning Code, except the prohibited uses listed below, shall be permitted.
B. Conditional Uses. All uses conditionally permitted in an underlying zoning district contained in this Zoning Code, except the prohibited uses listed below, shall be conditionally permitted.
C. Prohibited Uses. Motor-vehicle sales, stand-alone car wash facilities, self-service storage facilities, pawn shops, check cashing or short term loan establishments as a primary use, tattoo parlors, and skill game establishments are strictly prohibited.
(2) Development Standards.
A. Front yard setbacks shall be fifty (50) feet from the right-of-way, future right-of-way as defined in the adopted Thoroughfare Plan or private drive.
B. Side yard building setbacks shall be twenty-five (25) feet when abutting an adjacent property. Side yard building setbacks shall be fifty (50) feet when abutting a right-of-way, future right-of-way as defined in the adopted Thoroughfare Plan, private drive, or land in a residential zoning district.
C. Rear yard building setbacks shall be twenty-five (25) feet when adjacent to any non-residential zoning district. Rear yard building setbacks shall be fifty (50) feet from land in a residential zoning district.
D. The maximum building height shall be determined by the applicable standard of this Zoning Code. Architectural elements such as chimneys, parapets and cupolas may exceed this height limitation by no more than ten (10) feet.
E. Total lot coverage, which includes all areas of parking, vehicular drives and building coverage, shall not exceed eighty (80) percent of the total lot area.
F. An eight (8) foot wide asphalt multi-use trail shall be constructed in the right-of-way along all roads indicated in the CEDA trail plan. Use of compacted materials is permissible for additional trails located in areas not adjacent to public roadways. A five (5) foot wide concrete sidewalk shall be constructed in the right-of-way along both sides of all roads, except in locations where a multi-use trail is required.
(3) Access, Loading, Parking, and other Traffic Items. Parking lot areas in office or commercial developments shall be designed and constructed to minimize the visual impact of the parking area, minimize production of excess heat and prohibit any adverse effects on drainage. Appropriately sized landscaped areas shall be provided within each parking lot area allowing for a variety of shade trees to be planted. In order to accomplish these goals, all off-street parking lot areas shall be designed and constructed using the "parking bay" concept, which consists of parking spaces grouped together, with each parking bay separated by landscaped tree islands as further defined in the following sections.
A. Parking Bays. No parking bay shall contain more than twenty-four (24) total parking spaces, with a maximum of twelve (12) spaces in a single row.
B. Maximum Number of Parking Spaces. Off street parking areas shall only be permitted to have twenty-five (25) percent more spaces than stated in this Zoning Code.
C. Parking Lot Location. All parking spaces shall be located behind or to the side of the principal building with no more than fifty (50) percent of such parking spaces located to the side of the principal building. Parking spaces shall be set back no less than five (5) feet from side and rear property lines.
D. Parking Lot Islands. Each landscaped tree island in a single loaded parking stall design shall have a minimum area of one hundred sixty-two (162) square feet with a minimum width of nine (9) feet. Each landscaped island located in a double loaded parking stall design shall have a minimum area of three hundred twenty-four (324) square feet, with a minimum width of nine (9) feet. All landscaped tree islands shall contain at least one (1) shade tree a minimum of two (2) inches in caliper and include at least fifty (50) square feet of other plant materials.
E. Drive lanes shall be set back no less than fifteen (15) feet from any existing or proposed public right-of-way or front property line, whichever is greater, and no less than five (5) feet from side and rear property lines. Drives connecting the site to a public or private street or drives utilized to access adjacent properties shall be exempt from this requirement.
F. Buildings larger than twenty thousand (20,000) square feet or attached to existing in-line retail space shall be permitted to have parking to the front of the building if the building is located more than three hundred (300) feet from the right-of-way and the parking lot is located no closer than two hundred (200) feet from the right-of-way.
G. Unless otherwise provided by an approved development plan, vehicular connectivity shall be provided between adjacent commercial uses through the use of cross-access easements between parking lots.
(4) Architectural Standards. Buildings shall be designed to be seen from three hundred sixty (360) degrees and have the same caliber of finish on all elevations. Building additions and accessory structures, whether attached or detached, shall be of similar design, materials, and construction to that of the existing or principal structure.
A. Architectural Features. One purpose of requiring four-sided architecture is to avoid large areas of blank exterior. For every one hundred (100) feet of elevation width, each side and rear elevation must contain at least two (2) design elements and each front elevation must contain at least three (3) design elements. For multi-story buildings, each story on a single elevation shall contain at least two (2) design elements. Typical design elements are as follows:
i. A door of at least twenty-eight (28) square feet in area with an awning, window, faux window or other feature subject to approval by the Canal Winchester Planning and Zoning Commission;
ii. A window of at least six (6) square feet in area. Windows closer than ten (10) feet shall be considered as one (1) element. A set of adjacent windows, such as double or bay windows, shall be considered as one element;
iii. A chimney;
iv. A gabled vent of at least four (4) square feet in area;
v. Porches, decks or similar structures; or
vi. A similar significant permanent architectural feature consistent with the style of the building upon approval by the CEDA Land Use Committee and the Canal Winchester Planning and Zoning Commission.
B. Façade Appearance. A building frontage that exceeds a width of fifty (50) feet shall incorporate sectioning and offset of the wall plane to inhibit a large expanse of blank wall and add interest to the facade.
C. Materials. All exterior walls shall be comprised of eighty (80) percent natural material with brick or stone as the predominant material. Other natural materials may also be incorporated into the building's exterior design. Use of "newer" materials may be acceptable per the approval of the Canal Winchester Planning and Zoning Commission. Stucco, drivit and like materials may be used as accents provided the total square footage of accent material does not exceed twenty (20) percent of the gross exterior building wall square footage.
D. Glass. The use of black, gold, green, silver, opaque or any other reflective or colored glass on a building is prohibited. Frosted glass may be permitted in some cases, subject to approval of the Canal Winchester Planning and Zoning Commission.
E. Roofing. All pitched roofs shall be of dimensional shingles, standing seam metal, slate, or simulated slate.
F. Drive Thru Features. A drive thru, if deemed appropriate for the site, shall be designed as an integral part of the structure it serves. Features incorporated with a drive thru including, but not limited to, canopies, awnings and support posts shall match the materials and color scheme of the building they are serving. Drive thru features shall not have any pick-up windows, ordering areas, signage, or other related items located on the front elevation of a building or located between the front of the building and a street right-of-way.
G. In-Line Retail Exemption. Side or rear elevations of in-line retail developments may be exempt from the building design standards of Section 1175.02(f)(4) of this Zoning Code if such elevations are not visible to customer traffic, a public right-of-way or if a future phase of the inline retail development is forthcoming adjacent to the elevation. Such exempt elevations shall use materials complementary to the primary elevation and be screened by landscaping, mounding, fencing, or a combination thereof; as deemed appropriate.
(g) Industrial Standards. The following standards shall apply to properties in the Violet Pointe Overlay District zoned Limited Manufacturing and Planned Industrial District.
(1) Uses.
A. Permitted Uses. All uses permitted in an underlying zoning district contained in this Zoning Code, except the prohibited uses listed below, shall be permitted.
B. Conditional Uses. All uses conditionally permitted in an underlying zoning district contained in this Zoning Code, except the prohibited uses listed below, shall be conditionally permitted.
C. Prohibited Uses. Motor-vehicle sales, stand-alone wash facilities, or self-service storage facilities, pawn shops, skill game establishments, and internet café's are strictly prohibited.
(2) Development Standards.
A. Front yard setbacks shall be fifty (50) feet from the right-of-way, future right-of-way as defmed in the adopted Thoroughfare Plan or private drive.
B. Side yard building setbacks shall be twenty-five (25) feet when abutting an adjacent property. Side yard building setbacks shall be fifty (50) feet when abutting a right-of-way, future right-of-way as defined in the adopted Thoroughfare Plan, private drive, or land in a residential zoning district.
C. Rear yard building setbacks shall be twenty-five (25) feet, unless adjacent to land in a residential zoning district whereby the rear yard building setback shall be fifty (50) feet.
D. The maximum building height shall be determined by the applicable standard of this Zoning Code. Architectural elements such as chimneys, parapets and cupolas may exceed this height limitation by no more than ten (10) feet.
E. Total lot coverage, which includes all areas of parking and building coverage, shall not exceed eighty-five (85) percent of the total lot area.
F. An eight (8) foot asphalt multi-use trail shall be constructed in the right-of-way along all roads indicated in the CEDA trail plan. Use of compacted materials is permissible for additional trails located in areas not adjacent to public roadways. A five (5) foot concrete sidewalk shall be constructed in the right-of-way along both sides of all roads, except in locations where a multi-use trail is required.
(3) Access, Loading, Parking, and other Traffic Items.
A. Parking area shall be located no less than twenty-five (25) feet from the right-of-way of Diley Road, Busey Road, Hill Road or Basil-Western Road. Parking areas shall be located no less than fifteen (15) feet from any other right-of-way and no less than five (5) feet from side and rear property lines.
B. Drive lanes shall be set back no less than fifteen (15) feet from any existing or proposed public right-of-way or front property line, whichever is greater, and no less than five (5) feet from side and rear property lines. Drives connecting the site to a public or private street or drives utilized to access adjacent properties shall be exempt from this requirement.
C. Shared access may be provided between adjacent commercial, office, or industrial uses through the use of cross-access easements between parking lots.
D. Fleet or service parking shall be provided at a level determined appropriate for a specific use by the Canal Winchester Planning and Zoning Commission. All fleet parking areas shall be located behind the front elevation of the primary building.
E. Parking Lot Islands. Each landscaped tree island in a single loaded parking stall design shall have a minimum area of one hundred sixty-two (162) square feet with a minimum width of nine (9) feet. Each landscaped island located in a double loaded parking stall design shall have a minimum area of three hundred twenty-four (324) square feet, with a minimum width of nine (9) feet. All landscaped tree islands shall contain at least one (1) shade tree a minimum of two (2) inches in caliper and include at least fifty (50) square feet of other plant materials.
(4) Architectural Standards.
A. Sides of a building visible from a public right-of-way shall be broken up with architectural design elements, landscaping, or a combination thereof.
B. All buildings and additions on a single property, whether attached or detached, shall be of similar design, materials, and construction.
C. Earth tones, muted hues, and natural tones are permitted as structure's basic color. Brighter hues are permitted only as an accent feature on building elements such as awnings, doors, and trim. A mixed color palette on a single building should be carefully selected so all colors harmonize with each other.
D. Glass. The use of black, gold, green, silver, or any other reflective colored glass on a building is prohibited. The use of spandrel glass is also prohibited. Frosted glass may be permitted in some cases, subject to approval of the Canal Winchester Planning and Zoning Commission.
E. All buildings shall be constructed on a continuous, permanent foundation. Pole buildings shall not be permitted.
(5) Buffering, Landscaping and Screening. Production and storage areas shall be concealed from adjoining existing and planned public rights-of-way and properties by walls, fences or landscaping in accordance with Section 1175.02(e)(2) of this Zoning Code.
(h) Residential Standards. The following standards shall apply to properties in the Violet Pointe Overlay District zoned Limited Density Residential, Low Density Residential, Multi-Family Residential, Planned Residential District and Planned Conservation District. These standards shall also apply to properties zoned Planned Unit District which are approved for residential uses.
(1) Uses.
A. Permitted Uses. All uses permitted in an underlying zoning district contained in this Zoning Code shall be permitted.
B. Conditional Uses. All uses conditionally permitted in an underlying zoning district contained in this Zoning Code shall be conditionally permitted.
(2) Development Standards.
A. Building and parking setbacks along Diley Road and Hill Road shall be seventy-five (75) feet from the right-of-way or future right-of-way as defmed in the adopted Thoroughfare Plan. Where applicable, this requirement shall supersede setbacks stated in Sections 1175.02(h)(2)C., 1175.02(h)(2)D., 1175.02(h)(2)E., and 1175.02(h)(3)D. of this Zoning Code.
B. Building and parking setbacks along Basil-Western Road, Busey Road and the proposed distributor road connecting Diley Road to Hill Road shall be fifty (50) feet from the right-of-way or future right-of-way as defmed in the adopted Thoroughfare Plan. Where applicable, this requirement shall supersede setbacks stated in Sections 1175.02(h)(2)C., 1175.02(h)(2)D., 1175.02(h)(2)E., and 1175.02(h)(3)D. of this Zoning Code.
C. Front yard building setbacks shall be thirty (30) feet from the right-of-way, future right-of-way as defined on the adopted Thoroughfare Plan, or private drive.
D. Side yard building setbacks shall be ten (10) feet when abutting an adjacent property. Side yard building setbacks shall be thirty (30) feet when abutting a right-of-way, future right-of-way as defmed on the adopted Thoroughfare Plan, or private drive. Bay windows, chimneys or other architectural appendages may project into the minimum side yard up to twenty-four (24) inches.
E. Rear yard building setbacks shall be thirty (30) feet for principal structures. Rear yard setbacks shall be eight (8) feet for accessory structures.
F. The maximum building height for residential structures shall be two and one-half (21/2) stories or thirty-five (35) feet, whichever is less, as measured from the grade adjacent to the foundation to the highest roof elevation.
G. Stoops, steps, decks, and covered or uncovered porches shall be permitted to encroach no more than five (5) feet within the front yard setback. Such structures shall not be permitted to encroach upon rights-of-way or easements.
H. Upon a single lot or parcel, multi-family structures shall be located no closer than twenty (20) feet from other such structures.
I. Single-family homes shall have a finished floor area no less than indicated in the following table:
Type | Ground Floor | Finished Floor Area |
1 Story | 1,650 square feet | 1,650 square feet |
11/2 Story | 1,375 square feet | 1,870 square feet |
2 Story | 1,045 square feet | 2,100 square feet |
Split Level | - 1,650 square feet | 1,650 square feet |
J. Multi-family units shall have a finished floor area of no less than one thousand (1,000) square feet for a one (1) bedroom unit. Each additional bedroom shall require an additional two hundred twenty-five (225) square feet of finished floor area.
(3) Access, Parking, Site Circulation, and other Traffic Related Items.
A. Single-family developments shall provide two (2) off street parking spaces per unit within an attached or detached garage. Multi-family developments shall provide two off street parking spaces per unit. No less than half of all off street parking spaces in multi-family developments shall be covered or within a garage structure.
B. An eight (8) foot asphalt multi-use trail shall be constructed in the right-of way along all roads indicated in the CEDA trail plan. Use of compacted materials is permissible for additional trails located in areas not adjacent to public roadways. A four (4) foot concrete sidewalk shall be constructed in the right-of-way along both sides of all roads, except in locations where a multi-use trail is required.
C. Parking areas and access drives on single-family properties, exclusive of curb returns, shall be located no less than three (3) feet from any property line. Drives connecting the property to a public or private street shall be exempt from this requirement.
D. Parking lot areas and access drives in multi-family developments shall be setback no less than fifteen (15) feet from and existing or proposed public right-of-way or front property line, whichever is greater, and no less than five (5) feet from side and rear property lines. Drives connecting the site to a public or private street or drives utilized to access adjacent properties shall be exempt from this requirement
E. Parking lot areas in multi-family developments shall be designed and constructed to minimize the visual impact of the parking area, minimize production of excess heat and prohibit any adverse effects on drainage. Appropriately sized landscaped areas shall be provided within each parking lot area allowing for a variety of shade trees to be planted. In order to accomplish these goals, all off-street parking lot areas shall be designed and constructed using the "parking bay" concept, which consists of parking spaces grouped together, with each parking bay separated by landscaped tree islands as further defined in the following sections.
i. Parking Bays. No parking bay shall contain more than twenty-four (24) total parking spaces, with a maximum of twelve (12) spaces in a single row.
ii. Parking Lot Islands. Each landscaped tree island in a single loaded parking stall design shall have a minimum area of one hundred sixty-two (162) square feet with a minimum width of nine (9) feet. Each landscaped island located in a double loaded parking stall design shall have a minimum area of three hundred twenty-four (324) square feet, with a minimum width of nine (9) feet. All landscaped tree islands shall contain at least one shade tree and include at least fifty (50) square feet of other plant materials.
(4) Architectural Standards.
A. Residential buildings shall be designed to be seen from three hundred sixty (360) degrees with the same quality of finish on all facades/elevations. Building additions shall be of design, materials and construction consistent with the structure being enlarged. Accessory structures shall be designed and constructed to complement the architectural appearance of the primary structure(s) on the property.
B. Each side or rear elevation must contain at least two (2) design elements and each front elevation must contain at least three (3) design elements. On two-story dwellings, each story on a single elevation shall contain at least one (1) design element. Typical "design elements" are listed, but this list is not all-inclusive:
i. A door of at least seventeen (17) square feet in area;
ii. A window of at least six (6) square feet in area. Windows with a horizontal separation of less than ten (10) feet shall be considered as one (1) design element. Sets of adjacent windows, such as double or bay windows, shall be considered as one (1) design element;
iii. A chimney;
iv. A gable vent of at least four (4) square feet in area;
v. Porches, decks or similar structures or
vi. A similar significant permanent architectural feature consistent with the style of the building upon approval by the CEDA Land Use Committee and the Canal Winchester Planning and Zoning Commission.
C. Where a single-family residential structure has a front loaded garage, the garage shall be placed a minimum of two (2) feet behind the front building façade.
D. In each single-family development, forty (40) percent of homes shall have side or rear loaded garages.
E. Exterior cladding material used on all principal and accessory structures shall be brick, stone, wood, stucco, vinyl beaded siding, fiber cement siding, or any material of equal quality.
F. Exposed foundation materials shall be brick, stone, stamped concrete, or a textured concrete block compatible with the structure. Homes with walk-out basements shall be permitted.
G. All exposed exterior chimneys shall have a brick or stone appearance and shall extend from the ground elevation to an elevation above the roof line at the location of the chimney.
H. All single-family residential developments shall incorporate architectural diversity whereby a home model or design shall not be located directly across the street, to any side or diagonally across the street from the same home model or design. In addition, a home on a corner lot shall not have the same home model or design located to the rear.
(5) Miscellaneous.
A. Accessory structures shall be no more than fifteen (15) feet in height, as measured from the lowest adjacent grade to the highest elevation.
B. All utility lines shall be placed underground.
C. Ground-mounted mechanical units, including air conditioner condenser units, shall be located to the rear of structures.
D. Single-family homes shall have a minimum of two hundred (200) square feet of landscaped area in the front yard, or visible from the street. Multi-family developments shall have landscaping consistent with Section 1177.02(d) of this Zoning Code, as well as landscaping adjacent to and around all buildings.
(Ord. 38-12. Passed 11-5-12.)
1175.03 ADULT ENTERTAINMENT FACILITIES.
(a) It is the purpose of this section to regulate adult entertainment facilities to promote the health, safety, morals and general welfare of the municipality, and to establish reasonable and uniform regulations to prevent the concentration of adult entertainment facilities within the municipality.
(b) Exceptions. Nothing in this section shall be construed to pertain to:
(1) The purchase, distribution, exhibition and/or loan of any work of art, book, magazine or other printed material or manuscript by any accredited museum, library, fine art gallery, school or institution of higher learning.
(2) The exhibition and/or performance of any play, drama, or motion picture by any theater, museum, library, fine art gallery school or institution of higher learning either supported by public appropriation or which is an accredited institution supported by private funds.
(d) Conditions. The following conditions shall apply for all adult entertainment facilities and similar uses as defined in Section 1133.02(3).
(1) No adult entertainment facility shall be established within 500 feet of any area zoned for residential use or any existing residential use.
(2) No adult entertainment facility shall be established within a radius of 1,500 feet of any school, library or teaching facility, whether public or private, governmental or commercial, which school, library or teaching facility is attended by persons under 18 years of age.
(3) No adult entertainment facility shall be established within a radius of 1,500 of any church synagogue, or permanently established place of religious services attended by persons less than 18 years of age.
(4) No adult entertainment facility shall be established within a radius of 1,500 feet of any park or recreational facility attended by persons less than 18 years of age.
(5) No adult entertainment facility shall be established within a radius of 1,500 feet of any other adult entertainment facility.
(6) No advertisements, displays or other promotional materials displaying specific sexual activities or specified anatomical areas shall be shown or exhibited so as to be visible to the public from pedestrian sidewalks or walkways, or from other areas public or semi-public.
(7) All building openings, entries, windows and etc., for adult uses shall be located, covered or serviced in such a manner as to prevent a view into the interior from any public or semi-public area, sidewalk or street. For new construction, the building shall be oriented so as to minimize any possibility of viewing the interior from public or semi-public area.
(8) No screens, loudspeakers or sound equipment shall be used for adult motion picture theaters (enclosed or drive-in) that can be seen or discerned by the public from public or semi-public areas.
(e) Penalty. Violation of any provision of this section shall be a misdemeanor of the first degree, and shall be subject to the provisions of Section 501.99 of the Codified Ordinances, as well as loss of any conditional use granted for said premises.
(Ord. 52-05. Passed 7-18-05.)
1175.04 STREAM CORRIDOR PROTECTION POLICY.
(a) Except as noted herein, no open channels (natural or man-made) will be enclosed within a storm sewer when an area is developed. This policy will apply even when the open watercourse is located on a property line.
(b) If exceptions are granted on any project, it will be with the requirement that any enclosure will convey flow from the entire tributary drainage area up to the 10-year recurrence interval. A flood routing flow path must be provided through the development site for all storms greater than the 10-year recurrence interval. This flood routing path must be clearly shown on the site development plans.
(c) For all natural or man made open channels, a stream corridor protection zone (riparian setback) will be required. This zone shall be kept in as natural a state as possible so that it can perform its inherent function of erosion protection, flood storage and water quality protection. (Ord. 49-08. Passed 9-2-08.)
1175.05 STREAM CORRIDOR PROTECTION ZONE.
(a) The Stream Corridor Protection Zone (SCPZ) for streams within Canal Winchester has been mapped by the municipality. A copy of the mapped protection zones may be obtained from the Director of Public Works. The setback width on any specific parcel will be that area indicated on the Stream Corridor Protection Zone Map or as calculated using the methodology specified in Canal Winchester’s Stormwater Design Manual.
(b) The SCPZ must be clearly shown on site development plans.
(c) All applicable State and Federal regulations shall be followed, including Sections 401 and 404 or the Clean Water Act. No exceptions to this rule will be allowed to raise flood elevations upstream of the project.
(d) All conveyances and conduits containing a stream, if allowed, shall have the capacity to carry a minimum of a 10-year design storm from the entire upstream drainage area. In addition, a flood routing flow path shall be included to carry the 100-year storm flow. This flood routing path must be clearly shown on the site development plans, and the Applicant shall provide stormwater calculations for the proposed enclosure and flood routing to the municipality for approval.
(e) Construction Limitations.
(1) Except as otherwise provided in this regulation, the SCPZ shall be preserved in its natural state.
(2) Prior to any earth moving or clearing and grubbing activity on a development property, the SCPZ shall be clearly delineated by the Applicant or their designated representative on the site. Such delineation shall also be identified on the Erosion and Sediment Pollution Control Plan (See Section 1115.10 of the Codified Ordinances) and this delineation shall be maintained throughout soil disturbing activity.
(3) No later than the conclusion of construction, the Applicant shall permanently delineate the SCPZ in an aesthetically harmonious manner, approved by the Director of Public Works, such that the location of the riparian setback boundary defining the SCPZ is apparent to the casual observer and that permits access to the zone.
(4) Language preventing property owners from constructing facilities and performing activities that are prohibited within the SCPZ shall be shown on the plat or separate instrument and reflected on all deeds.
(5) Land contained within the SCPZ may, at the Applicant’s option and if approved by Council, be deeded in fee simple to the municipality. Alternatively, the land contained within the SCPZ shall be preserved via dedicated conservation easement or reserve.
(6) The Applicant shall obtain all necessary permits from the Army Corps of Engineers, OEPA and other regulatory agencies as needed. The Applicant is responsible for all permitting fees.
(f) Post-Construction Requirements.
(1) Permitted uses and activities.
A. Passive Uses. Uses that are passive in character shall be permitted in the SCPZ, including but not limited to, passive recreational uses, as permitted by federal, state, and local laws, such as hiking, fishing, picnicking and similar uses. Construction of paved trails to further such passive recreation uses are also permitted. However, trails that become damaged due to natural erosion shall not be repaired but shall be moved upland or removed altogether.
B. Removal of Damaged or Diseased Trees. Damaged or diseased trees may be removed. Due to the potential for felled logs and branches to damage downstream properties and/or block watercourses or otherwise exacerbate flooding, logs and branches resulting from the removal of damaged or diseased trees that are greater than 6-inches in diameter at the cut end shall be cut into sections no longer than 6-feet, anchored to the shore or removed.
C. Revegetation and/or Reforestation. The Urban Forester maintains a list of plant and shrub species recommended for stabilizing flood prone areas. Proper selection of species is dependent on soil conditions, available water and amount of sun exposure. Proper species selection will take into account these factors.
D. Public Utilities. Sanitary sewer, storm sewer, and/or water lines and public utility transmission lines may be located within the riparian setback and disturbances of the setback necessary to place and/or maintain such utilities are also authorized. The placement, construction and maintenance of such utilities shall minimize disturbance to riparian areas and shall mitigate any necessary disturbances. The developer and/or landowner shall secure the appropriate state and federal permits required for installations of this type. Utilities that are parallel to the stream shall not be constructed or placed within the SCPZ.
E. Public Roadways. Public Roadways may cross the riparian setback and disturbances of the setback necessary to place and/or maintain the roadways are authorized. The placement, construction and maintenance of the roadway shall minimize disturbance to riparian areas and shall mitigate any necessary disturbances. There shall be no more than two roadway crossings of the setback within any proposed development. The developer and/or landowner shall secure the appropriate state and federal permits required for installations of this type.
F. Construction activities associated with properly permitted stream restoration projects.
G. Disturbances resulting from permitted stream and/or wetland mitigation projects provided that mitigation is to offset impacts to local wetlands.
H. “Emergency Channel Maintenance Activity” may be authorized by the Village engineer, as needed to restore and/or maintain the flood carrying capacity of the main channel area. Such activity may include, but not be limited to removal of offending trees or brush or the accumulation of sediment in the main channel, as necessary to restore flood flow carrying capacity of the main channel.
(2) Prohibited uses. Any use not authorized under these regulations shall be prohibited in the SCPZ. By way of example, the following uses are specifically prohibited, however prohibited uses are not limited to those examples listed here.
A. Construction. There shall be no structures of any kind.
B. Dredging or filling. There shall be no drilling, filling, dredging, grading or dumping of soils, spoils, liquid or solid materials. No floodplain fill permits will be granted for areas within the SCPZ except those that are required for activities listed as permitted uses above.
C. Motorized Vehicles. There shall be no use of motorized vehicles except as needed for activities associated with those listed as permitted uses above.
D. Parking Lots. There shall be no parking lots or other human made impervious cover except as allowed above.
E. Stormwater Detention Facilities. Stormwater detention facilities may be located adjacent to, but not within, the SCPZ unless otherwise approved by the Director of Public Works.
F. Platted Lots. No part of any lot to be developed will be located within the SCPZ.
(3) Non-conforming Uses and Structures within the SCPZ.
A. Any non-conforming use, existing at the time of passage of this regulation and within a SCPZ that is not permitted under this regulation, may be continued but shall not be changed to a new use or enlarged unless changed to a use permitted under this regulation.
B. A non-conforming use, existing at the time of passage of this regulation and within a SCPZ that is not permitted under this regulation, may be continued but shall not have the existing building footprint or roofline expanded or enlarged.
C. A non-conforming use, existing at the time of passage of this regulation and within a SCPZ that has substantial damage and that is discontinued, terminated, or abandoned for a period of six (6) months or more may not be revived, restored or re-established. Substantial damage is defined in Section 1149.04(d) as damages that equate to greater than half of the fair value of the property.
(g) Maintenance of the Stream Corridor Protection Zone.
(1) Disturbance of natural vegetation. There shall be no disturbance of the natural vegetation at any time, including construction of the remainder of the site, except for such plantings as are consistent with these regulations; for removal of invasive species and their replacement with native vegetation; and for the passive enjoyment, access and maintenance of landscaping or lawns existing at the time of passage of these regulations except as needed for activities associated with those listed above.
(2) Recommended vegetation for stabilizing floodprone areas. Proper selection of species for stabilization of flood prone areas is dependent on several factors, including soil conditions, available water and amount of sun exposure. Proper species selection and installation will take into account these factors. A list of appropriate plant species is maintained by the Urban Forester. (Ord. 49-08. Passed 9-2-08.)
1175.06 CONFLICTS.
In cases where the requirements and standards of the Overlay District conflicts with similar requirements and standards of the underlying zoning district, the Overlay District shall supersede such underlying zoning district.
(Ord. 52-05. Passed 7-18-05.)
1177.01 GENERAL PROVISIONS.
(a) Statutory Authorization. Article XVIII, Section 3 of the Ohio Constitution grants municipalities the legal authority to adopt land use control measures for promoting the health, safety, and general welfare of its citizens. Therefore, the Village Council of Canal Winchester, State of Ohio, does ordain as follows:
(b) Findings of Fact. Canal Winchester, Ohio has special flood hazard areas that are subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base. Additionally, structures that are inadequately elevated, floodproofed, or otherwise protected from flood damage also contribute to the flood loss. In order to minimize the threat of such damages and to achieve the purposes hereinafter set forth, these regulations are adopted.
(c) Statement of Purpose. It is the purpose of these regulations to promote the public health, safety and general welfare, and to:
(1) Protect human life and health,
(2) Minimize expenditure of public money for costly flood control projects,
(3) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public,
(4) Minimize prolonged business interruptions,
(5) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard,
(6) Help maintain a stable tax base by providing for the proper use and development of areas of special flood hazard so as to protect property and minimize future flood blight areas,
(7) Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions,
(8) Minimize the impact of development on adjacent properties within and near flood prone areas,
(9) Ensure that the flood storage and conveyance functions of the floodplain are maintained,
(10) Minimize the impact of development on the natural, beneficial values of the floodplain,
(11) Prevent floodplain uses that are either hazardous or environmentally incompatible, and
(12) Meet community participation requirements of the National Flood Insurance Program.
(d) Methods of Reducing Flood Loss. In order to accomplish its purposes, these regulations include methods and provisions for:
(1) Restricting or prohibiting uses which are dangerous to health, safety, and property due to water hazards, or which result in damaging increases in flood heights or velocities,
(2) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction,
(3) Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters,
(4) Controlling filling, grading, dredging, excavating, and other development which may increase flood damage, and
(5) Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.
(e) Lands to Which These Regulations Apply. These regulations shall apply to all areas of special flood hazard within the jurisdiction of Canal Winchester, Ohio as identified in Section 1177.01 (f) , including any additional areas of special flood hazard annexed by Canal Winchester, Ohio. (Ord. 88-05. Passed 11-21-05.)
(f) Basis for Establishing the Areas of Special Flood Hazard. For the purposes of these regulations, the following studies and/or maps are adopted:
(1) “Flood Insurance Rate Map Franklin County, Ohio and Incorporated Areas” and “Flood Insurance Study Franklin County, Ohio and Incorporated Areas” both effective September 19, 2007.
(2) Other studies and/or maps that may be relied upon for establishment of the flood protection elevation, delineation of the 100-year floodplain, floodways or delineation of other areas of special flood hazard include: Floodplain Study of Georges Creek in Franklin and Fairfield County, Ohio, November 2002, prepared by Miles Hebert, P.E., EMH&T.
(3) Any hydrologic and hydraulic engineering analysis authored by a registered Professional Engineer in the State of Ohio which has been approved by Canal Winchester, Ohio as required by Section 1177.04(c).
(4) Any revisions to the aforementioned maps and/or studies are hereby adopted by reference and declared to be a part of these regulations. Such maps and/or studies are on file at Canal Winchester’s Floodplain Administrator’s Office, 36 South High Street, Canal Winchester, Ohio.
(Ord. 54-07. Passed 9-4-07.)
(g) Abrogation and Greater Restrictions. These regulations are not intended to repeal any existing ordinances including subdivision regulations, zoning or building codes. In the event of a conflict between these regulations and any other ordinance, the more restrictive shall be followed. These regulations shall not impair any deed restriction, covenant or easement but the land subject to such interests shall also be governed by the regulations.
(h) Interpretation. In the interpretation and application of these regulations, all provisions shall be:
(1) Considered as minimum requirements,
(2) Liberally construed in favor of Canal Winchester, Ohio, and
(3) Deemed neither to limit nor repeal any other powers granted under state statutes. Where a provision of these regulations may be in conflict with a state or federal law, such state or federal law shall take precedence over these regulations.
(i) Warning and Disclaimer of Liability. The degree of flood protection required by these regulations is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. These regulations do not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damage. These regulations shall not create liability on the part of Canal Winchester, Ohio, any officer or employee thereof, or the Federal Emergency Management Agency, for any flood damage that results from reliance on these regulations or any administrative decision lawfully made thereunder.
(j) Severability. Should any section or provision of these regulations be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the regulations as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid. (Ord. 88-05. Passed 11-21-05.)
1177.02 DEFINITIONS.
Unless specifically defined below, words or phrases used in these regulations shall be interpreted so as to give them the meaning they have in common usage and to give these regulations the most reasonable application.
(a) Accessory Structure. A structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal structure.
(b) Appeal. A request for review of the floodplain administrator’s interpretation of any provision of these regulations or a request for a variance.
(c) Base Flood. The flood having a one percent chance of being equaled or exceeded in any given year. The base flood may also be referred to as the 1% chance annual flood or one-hundred (100) year flood.
(d) Base (100-Year) Flood Elevation (BFE). The water surface elevation of the base flood in relation to a specified datum, usually the National Geodetic Vertical Datum of 1929 or the North American Vertical Datum of 1988, and usually expressed in Feet Mean Sea Level (MSL). In Zone AO areas, the base flood elevation is the natural grade elevation plus the depth number (from 1 to 3 feet).
(e) Basement. Any area of the building having its floor subgrade (below ground level) on all sides.
(f) Development. Any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.
(g) Enclosure Below the Lowest Floor. See “Lowest Floor.”
(h) Executive Order 11988 (Floodplain Management). Issued by President Carter in 1977, this order requires that no federally assisted activities be conducted in or have the potential to affect identified special flood hazard areas, unless there is no practicable alternative.
(i) Federal Emergency Management Agency (FEMA). The agency with the overall responsibility for administering the National Flood Insurance Program.
(j) Fill. A deposit of earth material placed by artificial means.
(k) Flood or Flooding. A general and temporary condition of partial or complete inundation of normally dry land areas from:
(1) The overflow of inland or tidal waters, and/or
(2) The unusual and rapid accumulation or runoff of surface waters from any source.
(l) Flood Hazard Boundary Map (FHBM). Usually the initial map, produced by the Federal Emergency Management Agency, or U.S. Department of Housing and Urban Development, for a community depicting approximate special flood hazard areas.
(m) Flood Insurance Rate Map (FIRM). An official map on which the Federal Emergency Management Agency or the U.S. Department of Housing and Urban Development has delineated the areas of special flood hazard.
(n) Flood Insurance Risk Zones. Zone designations on FHBMs and FIRMs that indicate the magnitude of the flood hazard in specific areas of a community. Following are the zone definitions:
(1) Zone A: Special flood hazard areas inundated by the 100-year flood; base flood elevations are not determined.
(2) Zones A1-30 and Zone AE: Special flood hazard areas inundated by the 100- year flood; base flood elevations are determined.
(3) Zone AO: Special flood hazard areas inundated by the 100-year flood with flood depths of 1 to 3 feet (usually sheet flow on sloping terrain); average depths are determined.
(4) Zone AH: Special flood hazard areas inundated by the 100-year flood with flood depths of 1 to 3 feet (usually areas of ponding); base flood elevations are determined.
(5) Zone A99: Special flood hazard areas inundated by the 100-year flood to be protected from the 100-year flood by a Federal flood protection system under construction; no base flood elevations are determined.
(6) Zone B and Zone X (shaded): Areas of 500-year flood; areas subject to the 100-year flood with average depths of less than 1 foot or with contributing drainage area less than 1 square mile; and areas protected by levees from the base flood.
(7) Zone C and Zone X (unshaded): Areas determined to be outside the 500-year floodplain.
(o) Flood Insurance Study (FIS). The official report in which the Federal Emergency Management Agency or the U.S. Department of Housing and Urban Development has provided flood profiles, floodway boundaries (sometimes shown on Flood Boundary and Floodway Maps), and the water surface elevations of the base flood.
(p) Flood Protection Elevation. The Flood Protection Elevation, or FPE, is the base flood elevation plus 1 ½ feet of freeboard. In areas where no base flood elevations exist from any authoritative source, the flood protection elevation can be historical flood elevations, or base flood elevations determined and/or approved by the floodplain administrator.
(q) Floodway. A floodway is the channel of a river or other watercourse and the adjacent land areas that have been reserved in order to pass the base flood discharge. A floodway is typically determined through a hydraulic and hydrologic engineering analysis such that the cumulative increase in the water surface elevation of the base flood discharge is no more than a designated height. In no case shall the designated height be more than one foot at any point within the community.
The floodway is an extremely hazardous area, and is usually characterized by any of the following: Moderate to high velocity flood waters, high potential for debris and projectile impacts, and moderate to high erosion forces.
(r) Freeboard. A factor of safety usually expressed in feet above a flood level for the purposes of floodplain management. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, obstructed bridge openings, debris and ice jams, and the hydrologic effect of urbanization in a watershed.
(s) Historic structure. Any structure that is:
(1) Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listings on the National Register;
(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; or
(3) Individually listed on the State of Ohio's inventory of historic places maintained by the Ohio Historic Preservation Office.
(4) Individually listed on the inventory of historic places maintained by the Canal Winchester whose historic preservation program has been certified by the Ohio Historic Preservation Office.
(t) Hydrologic and hydraulic engineering analysis. An analysis performed by a professional engineer, registered in the State of Ohio, in accordance with standard engineering practices as accepted by FEMA, used to determine flood elevations and/or floodway boundaries.
(u) Letter of Map Change (LOMC). A Letter of Map Change is an official FEMA determination, by letter, to amend or revise effective Flood Insurance Rate Maps, Flood Boundary and Floodway Maps, and Flood Insurance Studies. LOMC's are broken down into the following categories:
(v) Letter of Map Amendment (LOMA). A revision based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property is not located in a special flood hazard area.
(w) Letter of Map Revision (LOMR). A revision based on technical data that, usually due to manmade changes, shows changes to flood zones, flood elevations, floodplain and floodway delineations, and planimetric features. One common type of LOMR, a LOMR-F, is a determination concerning whether a structure or parcel has been elevated by fill above the base flood elevation and is, therefore, excluded from the special flood hazard area.
(x) Conditional Letter of Map Revision (CLOMR). A formal review and comment by FEMA as to whether a proposed project complies with the minimum National Flood Insurance Program floodplain management criteria. A CLOMR does not amend or revise effective Flood Insurance Rate Maps, Flood Boundary and Floodway Maps, or Flood Insurance Studies.
(y) Lowest floor. The lowest floor of the lowest enclosed area (including basement) of a structure. This definition excludes an "enclosure below the lowest floor" which is an unfinished or flood resistant enclosure usable solely for parking of vehicles, building access or storage, in an area other than a basement area, provided that such enclosure is built in accordance with the applicable design requirements specified in these regulations for enclosures below the lowest floor.
(z) Manufactured home. A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle". For the purposes of these regulations, a manufactured home includes manufactured homes and mobile homes as defined in Chapter 3733 of the Ohio Revised Code.
(aa) Manufactured home park. As specified in the Ohio Administrative Code 3701-27- 01, a manufactured home park means any tract of land upon which three or more manufactured homes, used for habitation are parked, either free of charge or for revenue purposes, and includes any roadway, building, structure, vehicle, or enclosure used or intended for use as part of the facilities of the park. A tract of land that is subdivided and the individual lots are not for rent or rented, but are for sale or sold for the purpose of installation of manufactured homes on the lots, is not a manufactured home park, even though three or more manufactured homes are parked thereon, if the roadways are dedicated to the local government authority.
(bb) National Flood Insurance Program (NFIP). The NFIP is a Federal program enabling property owners in participating communities to purchase insurance protection against losses from flooding. This insurance is designed to provide an insurance alternative to disaster assistance to meet the escalating costs of repairing damage to buildings and their contents caused by floods. Participation in the NFIP is based on an agreement between local communities and the Federal government that states if a community will adopt and enforce floodplain management regulations to reduce future flood risks to all development in special flood hazard areas, the Federal government will make flood insurance available within the community as a financial protection against flood loss.
(cc) New construction. Structures for which the "start of construction" commenced on or after the initial effective date of the Canal Winchester, Ohio Flood Insurance Rate Map, June 4, 1980, and includes any subsequent improvements to such structures.
(dd) Person. Includes any individual or group of individuals, corporation, partnership, association, or any other entity, including state and local governments and agencies. An agency is further defined in the Ohio Revised Code Section 111.15 as any governmental entity of the state and includes, but is not limited to, any board, department, division, commission, bureau, society, council, institution, state college or university, community college district, technical college district, or state community college. "Agency" does not include the general assembly, the controlling board, the adjutant general's department, or any court.
(ee) Recreational vehicle. A vehicle which is (1) built on a single chassis, (2) 400 square feet or less when measured at the largest horizontal projection, (3) designed to be self- propelled or permanently towable by a light duty truck, and (4) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
(ff) Registered Professional Architect. A person registered to engage in the practice of architecture under the provisions of sections 4703.01 to 4703.19 of the Ohio Revised Code.
(gg) Registered Professional Engineer. A person registered as a professional engineer under Chapter 4733 of the Ohio Revised Code.
(hh) Registered Professional Surveyor. A person registered as a professional surveyor under Chapter 4733 of the Ohio Revised Code.
(ii) Special Flood Hazard Area. Also known as "Areas of Special Flood Hazard", it is the land in the floodplain subject to a one percent or greater chance of flooding in any given year. Special flood hazard areas are designated by the Federal Emergency Management Agency on Flood Insurance Rate Maps, Flood Insurance Studies, Flood Boundary and Floodway Maps and Flood Hazard Boundary Maps as Zones A, AE, AH, AO, A1-30, and A99. Special flood hazard areas may also refer to areas that are flood prone and designated from other federal state or local sources of data including but not limited to historical flood information reflecting high water marks, previous flood inundation areas, and flood prone soils associated with a watercourse.
(jj) Start of construction. The date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of a building.
(kk) Structure. A walled and roofed building, manufactured home, or gas or liquid storage tank that is principally above ground.
(ll) Substantial Damage. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.
(mm) Substantial Improvement. Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include:
(1) Any improvement to a structure which is considered "new construction,"
(2) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified prior to the application for a development permit by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
(3) Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure".
(nn) Variance. A grant of relief from the standards of these regulations consistent with the variance conditions herein.
(oo) Violation. The failure of a structure or other development to be fully compliant with these regulations.
(Ord. 88-05. Passed 11-21-05.)
1177.03 ADMINISTRATION.
(a) Designation of the Floodplain Administrator. The Planning and Zoning Administrator is hereby appointed to administer and implement this chapter and is referred to herein as the Floodplain Administrator.
(b) Duties and Responsibilities of the Floodplain Administrator. The duties and responsibilities of the Floodplain Administrator shall include but are not limited to:
(1) Evaluate applications for permits to develop in special flood hazard areas.
(2) Interpret floodplain boundaries and provide flood hazard and flood protection elevation information.
(3) Issue permits to develop in special flood hazard areas when the provisions of these regulations have been met, or refuse to issue the same in the event of noncompliance.
(4) Inspect buildings and lands to determine whether any violations of these regulations have been committed.
(5) Make and permanently keep all records for public inspection necessary for the administration of these regulations including Flood Insurance Rate Maps, Letters of Map Amendment and Revision, records of issuance and denial of permits to develop in special flood hazard areas, determinations of whether development is in or out of special flood hazard areas for the purpose of issuing floodplain development permits, elevation certificates, variances, and records of enforcement actions taken for violations of these regulations.
(6) Enforce the provisions of these regulations.
(7) Provide information, testimony, or other evidence as needed during variance hearings.
(8) Coordinate map maintenance activities and FEMA follow-up.
(9) Conduct substantial damage determinations to determine whether existing structures, damaged from any source and in special flood hazard areas identified by FEMA, must meet the development standards of these regulations.
(c) Floodplain Development Permits. It shall be unlawful for any Person to begin construction or other development activity including but not limited to filling; grading; construction; alteration, remodeling, or expanding any structure; or alteration of any watercourse wholly within, partially within or in contact with any identified special flood hazard area, as established in Section 1177.01 (f), until a floodplain development permit is obtained from the Floodplain Administrator. Such floodplain development permit shall show that the proposed development activity is in conformity with the provisions of these regulations. No such permit shall be issued by the Floodplain Administrator until the requirements of these regulations have been met.
(d) Application Required. An application for a floodplain development permit shall be required for all development activities located wholly within, partially within, or in contact with an identified special flood hazard area. Such application shall be made by the owner of the property or his/her authorized agent, herein referred to as the applicant, prior to the actual commencement of such construction on a form furnished for that purpose. Where it is unclear whether a development site is in a special flood hazard area, the Floodplain Administrator may require an application for a floodplain development permit to determine the development's location. Such applications shall include, but not be limited to:
(1) Site plans drawn to scale showing the nature, location, dimensions, and topography of the area in question; the location of existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing.
(2) Elevation of the existing, natural ground where structures are proposed.
(3) Elevation of the lowest floor, including basement, of all proposed structures.
(4) Such other material and information as may be requested by the Floodplain Administrator to determine conformance with, and provide enforcement of these regulations.
(5) Technical analyses conducted by the appropriate design professional registered in the State of Ohio and submitted with an application for a floodplain development permit when applicable:
A. Floodproofing certification for non-residential flood proofed structure as required in Section 1177.04(e).
B. Certification that fully enclosed areas below the lowest floor of a structure not meeting the design requirements of Section 1177.04 (d) (5) are designed to automatically equalize hydrostatic flood forces.
C. Description of any watercourse alteration or relocation that the flood carrying capacity of the watercourse will not be diminished, and maintenance assurances as required in Section 1177.04 (i) (3).
D. A hydrologic and hydraulic analysis demonstrating that the cumulative effect of proposed development, when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood by more than one foot in special flood hazard areas where the Federal Emergency Management Agency has provided base flood elevations but no floodway as required by Section 1177.04 (i) (2).
E. A hydrologic and hydraulic engineering analysis showing impact of any development on flood heights in an identified floodway as required by Section 1177.04 (i) (1).
F. Generation of base flood elevation(s) for subdivision and large scale developments as required by Section 1177.04 (c).
(6) A floodplain development permit fee as stipulated by ordinance plus a village engineer review fee shall be paid by the property owner or applicant, payable to the General Fund.
(e) Review and Approval of a Floodplain Development Permit Application.
(1) Review.
A. After receipt of a complete application, the Floodplain Administrator shall review the application to ensure that the standards of these regulations have been met. No floodplain development permit application shall be reviewed until all information required in Section 1177.03 (d) has been received by the Floodplain Administrator.
B. The Floodplain Administrator shall review all floodplain development permit applications to assure that all necessary permits have been received from those federal, state or local governmental agencies from which prior approval is required. The applicant shall be responsible for obtaining such permits as required including permits issued by the U.S. Army Corps of Engineers under Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act, and the Ohio Environmental Protection Agency under Section 401 of the Clean Water Act.
(2) Approval. Within thirty (30) days after the receipt of a complete application, the Floodplain Administrator shall either approve or disapprove the application. If an application is approved, a floodplain development permit shall be issued. All floodplain development permits shall be conditional upon the commencement of work within one (1) year. A floodplain development permit shall expire one (1) year after issuance unless the permitted activity has been substantially begun and is thereafter pursued to completion.
(f) Inspections. The Floodplain Administrator shall make periodic inspections at appropriate times throughout the period of construction in order to monitor compliance with permit conditions.
(g) Post-Construction Certifications Required. The following as-built certifications are required after a floodplain development permit has been issued:
(1) For new or substantially improved residential structures, or nonresidential structures that have been elevated, the applicant shall have a Federal Emergency Management Agency Elevation Certificate completed by a registered surveyor to record as-built elevation data. For elevated structures in Zone A and Zone AO areas without a base flood elevation, the elevation certificate may be completed by the property owner or owner's representative.
(2) For all development activities subject to the standards of Section 1177.03 (j) (1), a Letter of Map Revision.
(h) Revoking a Floodplain Development Permit. A floodplain development permit shall be revocable, if among other things, the actual development activity does not conform to the terms of the application and permit granted thereon. In the event of the revocation of a permit, an appeal may be taken to the Appeals Board in accordance with Section 1177.05 Appeals & Variances.
(i) Exemption from Filing a Development Permit. An application for a floodplain development permit shall not be required for:
(1) Maintenance work such as roofing, painting, and basement sealing, or for small nonstructural development activities (except for filling and grading) valued at less than $5,000.
(2) Development activities in an existing or proposed manufactured home park. that are under the authority of the Ohio Department of Health and subject to the flood damage reduction provisions of the Ohio Administrative Code Section 3701.
(3) Major utility facilities permitted by the Ohio Power Siting Board under Section 4906 of the Ohio Revised Code.
(4) Hazardous waste disposal facilities permitted by the Hazardous Waste Siting Board under Section 3734 of the Ohio Revised Code.
(5) Development activities undertaken by a federal agency and which are subject to Federal Executive Order 11988 - Floodplain Management.
Any proposed action exempt from filing for a floodplain development permit is also exempt from the standards of these regulations.
(j) Map Maintenance Activities. To meet National Flood Insurance Program minimum requirements to have flood data reviewed and approved by FEMA, and to ensure that the municipality’s flood maps, studies and other data identified in Section 1177.01 (f) accurately represent flooding conditions so appropriate floodplain management criteria are based on current data, the following map maintenance activities are identified:
(1) Requirement to Submit New Technical Data.
A. For all development proposals that impact floodway delineations or base flood elevations, the community shall ensure that technical data reflecting such changes be submitted to FEMA within six months of the date such information becomes available. These development proposals include:
1. Floodway encroachments that increase or decrease base flood elevations or alter floodway boundaries;
2. Fill sites to be used for the placement of proposed structures where the applicant desires to remove the site from the special flood hazard area;
3. Alteration of watercourses that result in a relocation or elimination of the special flood hazard area, including the placement of culverts; and
4. Subdivision or large scale development proposals requiring, the establishment of base flood elevations in accordance with Section 1177.04 (c).
B. It is the responsibility of the applicant to have technical data, required in accordance with Section 1177.03 (j) (1), prepared in a format required for a Conditional Letter of Map Revision or Letter of Map Revision, and submitted to FEMA. Submittal and processing fees for these map revisions shall be the responsibility of the applicant.
C. The Floodplain Administrator shall require a Conditional Letter of Map Revision prior to the issuance of a floodplain development permit for:
1. Proposed floodway encroachments that increase the base flood elevation; and
2. Proposed development which increases the base flood elevation by more than one foot in areas where FEMA has provided base flood elevations but no floodway.
D. Floodplain development permits issued by the Floodplain Administrator shall be conditioned upon the applicant obtaining a Letter of Map Revision from FEMA for any development proposal subject to Section 1177.03 (j) (1).
(2) Right to Submit New Technical Data. The Floodplain Administrator may request changes to any of the information shown on an effective map that does not impact floodplain or floodway delineations or base flood elevations, such as labeling or planimetric details. Such a submission shall include appropriate supporting documentation made in writing by the Mayor of Canal Winchester, and may be submitted at any time.
(3) Annexation I Detachment. Upon occurrence, the Floodplain Administrator shall notify FEMA in writing whenever the boundaries of the municipality have been modified by annexation or the community has assumed authority over an area, or no longer has authority to adopt and enforce floodplain management regulations for a particular area. In order that the municipality’s Flood Insurance Rate Map accurately represent the municipality boundaries, include within such notification a copy of a map of the municipality suitable for reproduction, clearly showing the new corporate limits or the new area for which the municipality has assumed or relinquished floodplain management regulatory authority.
(k) Data Use and Flood Map Interpretation. The following guidelines shall apply to the use and interpretation of maps and other data showing areas of special flood hazard:
(1) In areas where FEMA has. not identified special flood hazard areas, or in FEMA identified special flood hazard areas where base flood elevation and floodway data have not been identified, the Floodplain Administrator shall review and reasonably utilize any other flood hazard data available from a federal, state, or other source.
(2) Base flood elevations and floodway boundaries produced on FEMA flood maps and studies shall take precedence over base flood elevations and floodway boundaries by any other source that reflect a reduced floodway width and/or lower base flood elevations. Other sources of data, showing increased base flood elevations and/or larger floodway areas than are shown on FEMA flood maps and studies, shall be reasonably used by the Floodplain Administrator.
(3) When Preliminary Flood Insurance Rate Maps or Flood Insurance Study have been provided by FEMA:
A. Upon the issuance of a Letter of Final Determination by the FEMA, the preliminary flood hazard data shall be used and replace all previously existing flood hazard data provided from FEMA for the purposes of administering these regulations.
B. Prior to the issuance of a Letter of Final Determination by FEMA, the use of preliminary flood hazard data shall only be required where no base flood elevations and/or floodway areas exist or where the preliminary base flood elevations or floodway area exceed the base flood elevations and/or floodway widths in existing flood hazard data provided from FEMA. Such preliminary data may be subject to change and/or appeal to FEMA.
(4) The Floodplain Administrator shall make interpretations, where needed, as to the exact location of the flood boundaries and areas of special flood hazard. A person contesting the determination of the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 1177.05 Appeals and Variances.
(5) Where a map boundary showing an area of special flood hazard and field elevations disagree, the base flood elevations or flood protection elevations (as found on an elevation profile, floodway data table, established high water marks, etc.) shall prevail.
(l) Substantial Damage Determinations. Damages to structures may result from a variety of causes including tornado, wind, heavy snow, flood, fire, etc. After such a damage event, the Floodplain Administrator shall:
(1) Determine whether damaged structures are located in special flood hazard areas;
(2) Conduct substantial damage determinations for damaged structures located in special flood hazard areas; and
(3) Make reasonable attempt to notify owners of substantially damaged structures of the need to obtain a floodplain development permit prior to repair, rehabilitation, or reconstruction.
Additionally, the Floodplain Administrator may implement other measures to assist with the substantial damage determination and subsequent repair process. These measures include issuing press releases, public service announcements; and other public information materials related to the floodplain development permits and repair of damaged structures; coordinating with other federal, state, and local agencies to assist with substantial damage determinations; providing owners of damaged structures materials and other information related to the proper repair of damaged structures in special flood hazard areas; and assist owners of substantially damaged structures with Increased Cost of Compliance insurance claims.
(Ord. 88-05. Passed 11-21-05.)
1177.04 USE AND DEVELOPMENT STANDARDS FOR FLOOD HAZARD REDUCTION.
(a) Use Regulations.
(1) Permitted Uses. All uses not otherwise prohibited in this section or any other applicable land use regulation adopted by the municipality are allowed provided they meet the provisions of this chapter.
(2) Prohibited Uses.
A. Structures designed or used for human habitation.
B. The storage or processing of materials that are pollutants, buoyant, flammable, poisonous, explosive, or could be injurious to human, animal, or plant life in time of flooding, or that have a high flood damage potential.
C. Garbage and waste disposal facilities.
D. Private water supply systems in all special flood hazard areas identified by FEMA, permitted under Section 3701 of the Ohio Revised Code.
E. Infectious waste treatment facilities in all special flood hazard areas, permitted under Section 3734 of the Ohio Revised Code.
(b) Water and Wastewater Systems. The following standards apply to all water supply, sanitary sewerage and waste disposal systems not otherwise regulated by the Ohio Revised Code:
(1) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the systems;
(2) New and replacement sanitary sewerage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and,
(3) On-site waste disposal systems shall be located to avoid impairment to or contamination from them during flooding.
(c) Subdivisions and Large Developments.
(1) All subdivision proposals shall be consistent with the need to minimize flood damage and are subject to all applicable standards in these regulations.
(2) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage.
(3) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.
(4) In all areas of special flood hazard where base flood elevation data are not available, the applicant shall provide a hydrologic and hydraulic engineering analysis that generates base flood elevations for all subdivision proposals and other proposed developments containing at least 50 lots or 5 acres, whichever is less.
(d) Residential Structures.
(1) New construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Where a structure, including its foundation members, is elevated on fill to or above the base flood elevation, the requirements for anchoring 1177.04 (d) (1) and construction materials resistant to flood damage 1177.04 (d) (2) are satisfied.
(2) New construction and substantial improvements shall be constructed with methods and materials resistant to flood damage.
(3) New construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or elevated so as to prevent water from entering or accumulating within the components during conditions of flooding.
(4) New construction and substantial improvement of any residential structure, including manufactured homes, shall have the lowest floor, including basement, elevated to or above the flood protection elevation; or the structure shall have the lowest floor, including basement, elevated at least two feet above the highest adjacent natural grade; whichever is more restrictive.
(5) New construction and substantial improvements, including manufactured homes, that do not have basements and that are elevated to the flood protection elevation using pilings, columns, posts, or solid foundation perimeter walls with openings sufficient to allow unimpeded movement of flood waters may have an enclosure below the lowest floor provided the enclosure meets the following standards:
A. Be used only for the parking of vehicles, building access, or storage; and
B. Be designed and certified by a registered professional engineer or architect to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters; or
C. Have a minimum of two openings on different walls having a total net area not less than one square. inch for every square foot of enclosed area, and the bottom of all such openings being no higher than one foot above grade. The openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
(6) Manufactured homes shall be affixed to a permanent foundation and anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors.
(7) Repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and is the minimum necessary to preserve the historic character and design of the structure, shall be exempt from the development standards of Section 1177.04 (d).
(8) New construction and substantial improvement shall have adequate drainage paths around structures on slopes to guide floodwaters around and away from the structure.
(e) Nonresidential Structures.
(1) New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall meet the requirements of Section 1177.04 (d) (1) – (3) and (5) – (7).
(2) New construction and substantial improvement of any commercial, industrial or other non-residential structure shall either have the lowest floor, including basement, elevated to or above the level of the flood protection elevation; or, together with attendant utility and sanitary facilities, shall meet all of the following standards:
A. Be dry flood proofed so that the structure is watertight with walls substantially impermeable to the passage of water to the level of the flood protection elevation;
B. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and,
C. Be certified by a registered professional engineer or architect, through the use of a Federal Emergency Management Agency Floodproofing Certificate, that the design and methods of construction are in accordance with Section 1177.04 (e) (a) and (b).
(3) Where flood protection data are not available the structure shall have the lowest floor, including basement, elevated at least two feet above the highest adjacent natural grade.
(f) Accessory Structures. Relief to the elevation or dry flood proofing standards may be granted for accessory structures containing no more than 600 square feet. Such structures must meet the following standards:
(1) They shall not be used for human habitation;
(2) They shall be constructed of flood resistant materials;
(3) They shall be constructed and placed on the lot to offer the minimum resistance to the flow of flood waters;
(4) They shall be firmly anchored to prevent flotation;
(5) Service facilities such as electrical and heating equipment shall be elevated or floodproofed to or above the level of the flood protection elevation; and
(6) They shall meet the opening requirements of Section 1177.04 (d) (5) c;
(g) Recreational Vehicles. Recreational vehicles must meet at least one of the following standards:
(1) They shall not be located on sites in special flood hazard areas for more than 180 days, or
(2) They must be fully licensed and ready for highway use, or
(3) They must meet all standards of Section 1177.04 (d).
(h) Above Ground Gas or Liquid Storage Tanks. All above ground gas or liquid storage tanks shall be anchored to prevent flotation or lateral movement resulting from hydrodynamic and hydrostatic loads.
(i) Assurance of Flood Carrying Capacity. Pursuant to the purpose and methods of reducing flood damage stated in these regulations, the following additional standards are adopted to assure that the reduction of the flood carrying capacity of watercourses is minimized:
(1) Development in Floodways
A. In floodway areas, development shall cause no increase in flood levels during the occurrence of the base flood discharge. Prior to issuance of a floodplain development permit, the applicant must submit a hydrologic and hydraulic analysis, conducted by a registered professional engineer, demonstrating that the proposed development would not result in any increase in the base flood elevation; or
B. Development in floodway areas causing increases in the base flood elevation may be permitted provided all of the following are completed by the applicant:
2 An evaluation of alternatives which would not result in increased base flood elevations and an explanation why these alternatives are not feasible;
3. Certification that no structures are located in areas which would be impacted by the increased base flood elevation;
4. Documentation of individual legal notices to all impacted property owners within and outside the community, explaining the impact of the proposed action on their property; and
5. Concurrence of the Mayor of Canal Winchester and the Chief Executive Officer of any other communities impacted by the proposed actions.
(2) Development in Riverine Areas with Base Flood Elevations but No Floodways.
A. In riverine special flood hazard areas identified by FEMA where base flood elevation data are provided but no floodways have been designated, the cumulative effect of any proposed development, when combined with all other existing and anticipated development, shall not increase the base flood elevation more than one (1) foot at any point. Prior to issuance of a floodplain development permit, the applicant must submit a hydrologic and hydraulic analysis, conducted by a registered professional engineer, demonstrating that this standard has been met; or,
B. Development in riverine special flood hazard areas identified by FEMA where base flood elevation data are provided but no floodways have been designated causing more than one foot increase in the base flood elevation may be permitted provided all of the following are completed by the applicant:
1. An evaluation of alternatives which would result in an increase of one foot or less of the base flood elevation and an explanation why these alternatives are not feasible;
(3) Alterations of a Watercourse. For the purpose of these regulations, a watercourse is altered when any change occurs within its banks. The extent of the banks shall be established by a field determination of the "bankfull stage." The field determination of "bankfull stage" shall be based on methods presented in Chapter 7 of the USDA Forest Service General Technical Report RM-245, Stream Channel Reference Sites: An Illustrated Guide to Field Technique or other applicable publication available from a Federal, State, or other authoritative source. For all proposed developments that alter a watercourse, the following standards apply:
A. The bankfull flood carrying capacity of the altered or relocated portion of the watercourse shall not be diminished. Prior to the issuance of a floodplain development permit, the applicant must submit a description of the extent to which any watercourse will be altered or relocated as a result of the proposed development, and certification by a registered professional engineer that the bankfull flood carrying capacity of the watercourse will not be diminished.
B. Adjacent communities, the U.S. Army Corps of Engineers, and the Ohio Department of Natural Resources, Division of Water, must be notified prior to any alteration or relocation of a watercourse. Evidence of such notification must be submitted to the Federal Emergency Management Agency.
C. The applicant shall be responsible for providing the necessary maintenance for the altered or relocated portion of said watercourse so that the flood carrying capacity will not be diminished. The Floodplain Administrator may require the permit holder to enter into an agreement with the municipality specifying the maintenance responsibilities. If an agreement is required, it shall be made a condition of the floodplain development permit.
D. The applicant shall meet the requirements to submit technical data in Section 1177.03 (j) (1) a, 3 when an alteration of a watercourse results in the relocation or elimination of the special flood hazard area, including the placement of culverts.
(Ord. 88-05. Passed 11-21-05.)
1177.05 APPEALS AND VARIANCES.
(a) Appeals Board. The Planning and Zoning Commission shall hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Floodplain Administrator in the administration or enforcement of this chapter.
(b) Powers and Duties.
(1) The Planning and Zoning Commission shall hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Floodplain Administrator in the administration or enforcement of these regulations.
(c) Appeals.
(1) Any person affected by any notice and order, or other official action of the Floodplain Administrator may request and shall be granted a hearing on the matter before the Appeals Board provided that such person shall file, within ten (10) days of the date of such notice and order, or other official action, a statement of the grounds for such hearing or for the mitigation of any item appearing on any order of the Floodplain Administrator's decision. Such appeal shall be in writing, signed and dated by the applicant, and be filed with the Floodplain Administrator. Upon receipt of the appeal, the Floodplain Administrator shall transmit said notice and all pertinent information on which the Floodplain Administrator's decision was made to the Planning and Zoning Commission.
(2) Upon receipt of the notice of appeal, the Planning and Zoning Commission shall fix a reasonable time for the appeal, give notice in writing to parties in interest, and decide the appeal within a reasonable time after it is submitted.
(d) Variances. Any person believing that the use and development standards of these regulations would result in unnecessary hardship may file an application for a variance. The Planning and Zoning Commission shall have the power to authorize, in specific cases, such variances from the standards of these regulations, not inconsistent with Federal regulations, as will not be contrary to the public interest where, owning to special conditions of the lot or parcel, a literal enforcement of the provisions of these regulations would result in unnecessary hardship.
(1) Application for a Variance.
A. Any owner, or agent thereof, of property for which a variance is sought shall make an application for a variance by filing it with the Floodplain Administrator, who upon receipt of the variance shall transmit it to the Planning and Zoning Commission.
B. Such application at a minimum shall contain the following information: Name, address, and telephone number of the applicant; legal description of the property; parcel map; description of the existing use; description of the proposed use; location of the floodplain; description of the variance sought; and reason for the variance request.
C. A fee as stipulated by ordinance shall be paid by the applicant payable to the General Fund.
(2) Notice for Public Hearing. The Planning and Zoning Commission shall schedule and hold a public hearing within thirty (30) days after the receipt of an application for a variance from the Floodplain Administrator. Prior to the hearing, a notice of such hearing shall be given on the website of the City of Canal Winchester at least ten (10) days before the date of the hearing.
(3) Public Hearing. At such hearing the applicant shall present such statements and evidence as the Planning and Zoning Commission requires. In considering such variance applications, the Planning and Zoning Commission shall consider and make findings of fact on all evaluations, all relevant factors, standards specified in other sections of these regulations and the following factors:
A. The danger that materials may be swept onto other lands to the injury of others.
B. The danger to life and property due to flooding or erosion damage.
C. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.
D. The importance of the services provided by the proposed facility to the community.
E. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage.
F. The necessity to the facility of a waterfront location, where applicable.
G. The compatibility of the proposed use with existing and anticipated development.
H. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area.
I. The safety of access to the property in times of flood for ordinary and emergency vehicles.
J. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site.
K. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.
(4) Variances shall only be issued upon:
A. A showing of good and sufficient cause,
B. A determination that failure to grant the variance would result in exceptional hardship due to the physical characteristics of the property. Increased cost or inconvenience of meeting the requirements of these regulations does not constitute an exceptional hardship to the applicant,
C. A determination that the granting of a variance will not result in increased flood heights beyond that which is allowed in these regulations; additional threats to public safety; extraordinary public expense, nuisances, fraud on or victimization of the public, or conflict with existing local laws,
D. A determination that the structure or other development is protected by methods to minimize flood damages, and
E. A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
Upon consideration of the above factors and the purposes of these regulations, the Planning and Zoning Commission may attach such conditions to the granting of variances as it deems necessary to further the purposes of these regulations.
(5) Other Conditions for Variances.
A. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
B. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items in Section 1177.05 (d)(3), A – K have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.
C. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
(e) Procedure at Hearings.
(1) All testimony shall be given under oath.
(2) A complete record of the proceedings shall be kept, except confidential deliberations of the Planning and Zoning Commission, but including all documents presented and a verbatim record of the testimony of all witnesses.
(3) The applicant shall proceed first to present evidence and testimony in support of the appeal or variance.
(4) The Floodplain Administrator may present evidence or testimony in opposition to the appeal or variance.
(5) All witnesses shall be subject to cross-examination by the adverse party or their counsel.
(6) Evidence that is not admitted may be proffered and shall become part of the record for appeal.
(7) The Planning and Zoning Commission shall issue subpoenas upon written request for the attendance of witnesses. A reasonable deposit to cover the cost of issuance and service shall be collected in advance.
(8) The decision of the Planning and Zoning Commission may be announced at the conclusion of the hearing or the decision may be issued in writing within a reasonable time after the hearing. The Planning and Zoning Commission will memorialize its decision in Findings of Fact and Conclusions of Law when a Notice of Appeal is filed.
(f) Appeal to the Court. Those aggrieved by the decision of the Planning and Zoning Commission may appeal such decision to the Franklin County or Fairfield County, as applicable, Court of Common Pleas, as provided in Chapter 2506 of the Ohio Revised Code.
(Ord. 23-005. Passed 2-6-23.)
1177.06 ENFORCEMENT.
(a) Compliance Required.
(1) No structure or land shall hereafter be located, erected, constructed, reconstructed, repaired, extended, converted, enlarged or altered without full compliance with the terms of these regulations and all other applicable regulations which apply to uses within the jurisdiction of these regulations, unless specifically exempted from filing for a development permit as stated in Section 1177.03 (i).
(2) Failure to obtain a floodplain development permit shall be a violation of these regulations and shall be punishable in accordance with Section 1177.06 (c).
(3) Floodplain development permits issued on the basis of plans and applications approved by the Floodplain Administrator authorize only the use, and arrangement, set forth in such approved plans and applications or amendments thereto. Use, arrangement, or construction contrary to that authorized shall be deemed a violation of these regulations and punishable in accordance with Section 1177.06 (c).
(b) Notice of Violation. Whenever the Floodplain Administrator determines that there has been a violation of any provision of these regulations, he shall give notice of such violation to the person responsible therefore and order compliance with these regulations as hereinafter provided. Such notice and order shall:
(1) Be put in writing on an appropriate form;
(2) Include a list of violations, referring to the section or sections of these regulations that have been violated, and order remedial action which, if taken, will effect compliance with the provisions of these regulations;
(3) Specify a reasonable time for performance;
(4) Advise the owner, operator, or occupant of the right to appeal;
(5) Be served on the owner, occupant, or agent in person. However, this notice and order shall be deemed to be properly served upon the owner, occupant, or agent if a copy thereof is sent by registered or certified mail to the person's last known mailing address, residence, or place of business, and/or a copy is posted in a conspicuous place in or on the dwelling affected.
(c) Violations and Penalties. Violation of the provisions of this chapter or failure to comply with any of its requirements shall be deemed to be a strict liability offense, and shall constitute a fourth degree misdemeanor. Any person who violates these regulations or fails to comply with any of its requirements shall upon conviction thereof be fined or imprisoned as provided by the laws of the municipality. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the municipality from taking such other lawful action as is necessary to prevent or remedy any violation. The municipality shall prosecute any violation of these regulations in accordance with the penalties stated herein.
(Ord. 88-05. Passed 11-21-05.)
1179.01 PURPOSE.
(a) The Exceptional Use District (EU) is designed to permit certain uses which are not addressed in any other adopted district and which are of a nature as to warrant individual consideration and regulation due to unique demands placed upon the public health, safety and general welfare and the requirements of location and development that generally are peculiar to these uses.
(b) The Exceptional Use District (EU) is intended to allow these uses to be suitably located and developed to appropriate and necessary standards of development in relation to other land uses and development with a minimum of conflict, without undue demand on necessary public services and facilities, and without adverse impact on the natural environment. To this end, these uses are intended to be developed in a manner of appropriate architectural, engineering, and landscape design and layout with necessary space or other provisions regarding development or operation to overcome any obnoxious or hazardous effect on adjacent lands as such effect may be a potential in the proposed use.
(c) The Exceptional Use District (EU) is a holding district for recently annexed land into the Village of Canal Winchester until a development plan is submitted. Any change to the current use of the annexed property is required to go through the rezoning process of Chapter 1143.
(Ord. 41-01. Passed 8-20-01.)
1179.02 SPECIAL USES.
(a) Land or buildings may be approved as permitted uses in the Exceptional Use District (EU) provided that such use is not a permitted or conditional use in any other district. For purposes of this Section,
(1) "Pawnbroker" means a person engaged in the business of lending money on deposit or pledges of personal property, other than securities, printed evidence of indebtedness, titles, deeds, or bills of sale, at a total charge, rate of interest, or discount or other remuneration in excess of eight percent per annum, and includes a person engaged in the business of purchasing personal property from another person with an agreement that the personal property will be made available to that person for repurchase with an agreed-to-time period for an amount greater than the price originally paid to that other person for the purchase of property.
(2) "Plasma" means the fluid portion of blood that has been stabilized against clotting, and is collected by plasmapheresis.
(3) "Plasmapheresis" means a procedure in which blood is drawn from a donor, the plasma is separated from the formed elements, and the formed elements are returned to the donor during a single visit to the plasmapheresis center, but excludes such a procedure performed for the purpose of improving the health of a donor.
(4) "Plasmapheresis center" means a blood bank or other establishment except a hospital that collects plasma.
(b) The Exceptional Use District shall be limited to the following issues:
(1) Golf club, country club, fishing club or lake, gun club, riding stable, including boarding of animals or similar recreational facility operated on an admission fee or membership basis.
(2) Cemetery or crematory not otherwise allowed by the provisions of the Zoning Code. The following standards shall apply to the development and construction of cemeteries within the Municip ality.
A. The site proposed for a cemetery shall not interfere with the development of a system of collector and larger streets in the vicinity of such site. In addition, such site shall have direct access to a thoroughfare which Planning and Zoning Commission determines is adequate to serve the size of the facility proposed.
B. Any new cemetery shall be located on a site containing not less than twenty (20) acres.
C. All buildings, including but not limited to mausoleums and maintenance buildings, shall respect the required yards setback of the district in which it is located.
D. All graves or burial lots shall be set back not less than twenty-five (25) feet from any street right-of-way line.
E. All required yards shall be landscaped and maintained in good order. A plan for perpetual care of the grounds shall be required.
(3) Agriculture.
(4) Pawnbrokers not otherwise allowed by the provisions of the Zoning Code. All requirements set forth in the Ohio Revised Code Chapter 4727 shall apply.
(5) Plasmapheresis centers not otherwise allowed by the provisions of the Zoning Code. All requirements set forth in Ohio Revised Code Chapter 3725 shall apply.
(6) Other legal uses of unique or exceptional requirements of circumstances that are otherwise not permitted by this Zoning Code.
(Ord. 34-12. Passed 9-17-12.)
1179.03 APPLICATION PROCEDURE.
The application procedure for amendments shall apply as stated in Section 1143.02 except subsection (c) (7) thereof which shall be replaced with a Development Plan, fifteen (15) copies of which shall be submitted with the application. The Development Plan shall include in text and map form:
(a) The proposed location and size of areas of use, in dictating size, location and type of structure(s).
(b) The proposed location, size and use of all open areas landscaped and other open space with ownership of such areas.
(c) The proposed provision of water, sanitary sewer and surface drainage facilities including engineering feasibility or other evidence of reasonableness.
(d) The proposed circulation pattern including streets, both public and private, driveways, parking areas, walking and other access ways including their relation to topography, existing streets and other evidence of reasonableness.
(e) The proposed schedule of site development and construction of buildings and associated facilities, and sketches or other documentation indicating design principals or concepts for site development, buildings, lighting and illumination, landscapes or other features. Such schedule shall include the use or redevelopment of existing features such as structures, streets, easements, utility lines, and land use.
(f) The relationship of the proposed development to the existing and future land use in the surrounding areas, the street system, community facilities and services, and other public improvements.
(g) Evidence that the Applicant has sufficient control over the land to effectuate the proposed Development Plan within three (3) years. Such control includes property rights, economic resources, and engineering feasibility as may be necessary.
(Ord. 41-01. Passed 8-20-01.)
1179.04 CRITERIA FOR REVIEW.
The Planning and Zoning Commission shall, at the minimum, consider the following factors in the review of the application:
(a) That the proposed development is consistent in all respects to the purpose, intent and applicable standards of this Zoning Code.
(b) That the proposed development is compatible with adjacent land use, adjacent zoning and to appropriate plans for the area.
(c) That the proposed development advances the general welfare of the Municipality and that the benefits to be derived from the proposed use justifies the change in land use character of the area.
(d) That the proposed development promotes the public health, safety, convenience, comfort, prosperity and general welfare.
(Ord. 41-01. Passed 8-20-01.)
1179.05 REVIEW PROCEDURE.
1179.06 EFFECT OF APPROVAL; TIME EXTENSION OR MODIFICATION.
(a) Effect of Approval. The Development Plan as approved by Council shall constitute an amendment of the official zoning map. Such approval shall be for a three (3) year period commencing from the date of approval by Council to allow the preparation of a subdivision plat or application for Certificate of Zoning Compliance, whichever shall apply. The approval shall become voided and the land shall revert to its last previous zoning district if a final subdivision plat has not been approved or a Certificate of Zoning Compliance has not been issued, unless an extension of time is granted as per subsection (b) below.
(b) Time Extension or Modification. An extension of the time limit or the modification of the approved Development Plan may be approved by Council following receipt of a recommendation from the Planning and Zoning Commission. Such approval shall be given upon the finding of the purpose and necessity for such extension or modification and evidence of reasonable effort toward the accomplishment of the approved Development Plan, and that such extension or modification is not in conflict with the general health, safety and welfare of the public or the development standards of the Exceptional Use District (EU).
(Ord. 41-01. Passed 8-20-01.)
1179.07 DEVELOPMENT STANDARDS.
The provisions of Title Seven, Supplemental Regulations, shall pertain to the Exceptional Use District (EU). Because of the unique nature and requirements of these uses, and because their locations cannot be readily predetermined, appropriate development standards, requirements, and other provisions of this Zoning Code, as appropriate, shall be used.
(Ord. 41-01. Passed 8-20-01.)