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Carlisle City Zoning Code

TITLE SIX

Zoning District/Use Regulations

1260.01 ESTABLISHMENT OF DISTRICTS.

   In order to carry out the purpose of this Code, Carlisle is hereby divided into the following districts, all of which are designated on the Official Zoning Map by symbols and boundaries. The districts shall be known as:
 
District
Symbol
Residential Districts
Suburban Estate
R-1
Low Density Residential
R-2
Medium Density Residential
R-3   
High Density Residential
R-4
District
Symbol
Business Districts
Neighborhood Business
B-1
General Business
B-2
Central Business
B-3
Industrial Districts
   
Light Manufacturing   
M-1
General Manufacturing
M-2   
   
Other Districts
Planned Development Overlay District
PDOD
 
(Ord. 8-13. Passed 5-14-13.)

1260.03 OFFICIAL ZONING MAP.

   (a)   The boundaries of the districts are shown upon the map designated as the Official Zoning Map. The Official Zoning Map and all of the notations, references and other information shown thereon, are a part of this Code and have the same force and effect as if the Official Zoning Map and all the notations, references and other information shown thereon were all fully set forth or described herein, the original of which is properly attested to and is on file with the Planning and Zoning Administrator.
   (b)   No changes of any nature shall be made in the Official Zoning Map or matter shown thereon except in conformity with the procedures set forth in this Code.
   (c)   In the event that the Map becomes damaged, destroyed or lost, Council may by ordinance adopt a new official Zoning Map, which shall supersede the prior Map. The new Map may correct drafting or other errors or omissions in the prior Map.
(Ord. 8-13. Passed 5-14-13.)

1260.05 INTERPRETATION OF DISTRICT BOUNDARIES.

   Where uncertainty exists with respect to the boundaries of any of the aforesaid districts as shown on the Official Zoning Map, the following rules shall apply:
   (a)   Where the designation of a boundary line on the zoning map coincides with the location of a street or alley, the centerline of such street or alley shall be construed to be the boundary of such district.
   (b)   Where the district boundaries do not coincide with the location of streets or alleys, but do coincide with lot lines, such lot lines shall be construed to be the boundary of such district.
   (c)   Where the district boundaries do not coincide with the location of streets, alleys, or lot lines, the district boundaries shall be determined by the use of the scale shown on the Official Zoning Map described in Section 1260.03.
   (d)   All streets, alleys, public ways, waterways, and railroad rights-of-way, if not otherwise specifically designated, shall be deemed to be in the same zone as the property immediately abutting upon such streets, alleys, public ways, waterways and railroad rights-of-way.
   (e)   Where the centerline of a street, alley, public way, waterway, or railroad right-of-way serves as a district boundary, the zoning of such areas, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property up to the centerline.
   (f)   Whenever any street, alley or other public way is vacated by official action as provided by law, the zoning district adjoining the each side of such public way shall be automatically extended to the center of such vacation and all areas included in the vacation shall then and henceforth be subject to all regulations of the extended.
   (g)   All uncertainties and disputes concerning the exact location of zoning district boundaries shall be resolved by the Board of Zoning Appeals according to the rules and regulations that it may adopt.
      (Ord. 8-13. Passed 5-14-13.)

1262.01 INTENT.

   Single-Family Residential Districts (R-1 and R-2) and their regulations are established in order to achieve, among others, the following purposes:
   (a)   To regulate the bulk and location of dwellings, accessory buildings and other structures to obtain proper privacy and useable open spaces on each lot appropriate for the various districts.
   (b)   To regulate the density and distribution of population to avoid congestion and the overburdening of existing and proposed community facilities and public services.
   (c)   To foster a variety of residential living unit types while protecting the character of Carlisle.
   (d)   To provide for proper location of dwellings in relationship to multi-family, commercial and industrial uses so as to increase the general convenience, safety and amenities within the community and to protect residents from nuisances.
   (e)   To provide for limited small-scale community facilities when such uses are designed and located to be compatible with the residential neighborhood.
   (f)   To provide proper spacing between buildings to ensure adequate access for fire and other emergency vehicles and equipment.
   (g)   To protect the desirable characteristics and promote the stability of existing residential development.
   (h)   To carry out the following specific purposes:
      (1)   The R-1 Low Density Single-Family District is established to encourage the creation and preservation of low-density single-family residential neighborhoods and to limit the establishment of non-residential uses to those that are compatible with the intended low-density neighborhood character. The stipulated density is intended to provide for areas of suburban character in the community.
      (2)   The R-2 Single-Family District is established to promote, preserve and protect medium-low density predominantly single-family neighborhoods in Carlisle.
   (i)   To promote the most desirable and beneficial use of the land in accordance with the objectives of the Carlisle Comprehensive Plan.
      (Ord. 8-13. Passed 5-14-13.)

1262.03 USE REGULATIONS.

   (a)   Uses Permitted By Right. A use listed in Table 1262.03 shall be permitted by right as a principal use in a district when denoted by the letter "P" provided that all requirements of other Municipal Ordinances and this Zoning Code have been met;
   (b)   Conditional Uses. A use listed in Table 1262.03 shall be permitted as a conditional use in a district when denoted by the letter "C" provided the Planning Commission first makes the determination that the requirements of Chapter 1272 have been met according to the procedures set forth in Chapter 1246.
   (c)   Accessory Uses. An accessory use that is clearly incidental and subordinate to a use listed in Table 1262.03 shall be permitted provided that the requirements of this Zoning Code and all other Municipal Codes have been met. Accessory uses are further regulated as listed below:
      (1)   Accessory buildings and structures in compliance with Section 1262.11, Accessory Uses and Structures.
      (2)   Family day care home, "type B" in compliance with Chapter 1274, Supplementary Regulations.
      (3)   Fences, walls, landscape features in compliance with Section 1262.11 and Chapter 1280.
      (4)   Home occupations in compliance with Chapter 1274.
      (5)   Off-street parking areas in compliance with Chapter 1284.
      (6)   Private swimming pools in compliance with Section 1262.11 and Chapter 1274.
      (7)   Signs in compliance with Chapter 1286.
   (d)   Table 1262.03 Permitted Uses.
R-1 Low Density Single-Family District
R-2 Single-Family District
(1)   Residential
   A.   Single-family detached dwelling
P
P
   B.   Bed and breakfast establishment
C
C
   C.   Family home
C
C
   D.   Group home
C
C
   E.   Home occupations
A
A
   F.   Pools
A
A
(2)   Community Facilities
   A.   Place of worship/church
C
C
   B.   Cemetery
C
C
   C.   Clubs, lodges and assembly halls
C
C
   D.   Government buildings
C
C
   E.   Public utility and pertinent structures
C
C
   F.   School (public/private) elementary/secondary
C
C
(3)   Open Space/Recreation
   A.   Public park, public playground
C
C
(4)   Other Uses
   A.   Off-street parking as principal use
C
C
   B.   Family Day Care Home, Type B
A
A
   C.   Signs
A
A
P = Permitted by right C = Conditional A= Accessory
 
(Ord. 8-13. Passed 5-14-13.)

1262.05 LOT AREA AND WIDTH REQUIREMENTS.

   (a)   Minimum Lot Area and Width. The area and width of a lot shall not be less than the dimensions set forth in Table 1262.05, for the type of dwelling proposed and the district in which the lot is located.
   (b)   Minimum Lot Frontage. The minimum lot frontage on any public or private street shall be the same as the minimum lot width, except for lots on cul-de-sacs as set forth in Table 1262.05.
   (c)   Table 1262.05 Minimum Lot Requirements:
 
R-1 Suburban Single-Family District
R-2 Single-Family District
1.   Minimum lot size
30,000 sq. ft.
16,000 sq. ft.
2.   Minimum frontage
110 ft.
85 ft.
3.   Minimum lot frontage on a cul-de sac
75 ft.
50 ft.
4.   Maximum lot coverage
25%
35%
 
(Ord. 8-13. Passed 5-14-13.)

1262.07 SETBACK REQUIREMENTS.

   Dwelling units shall be located on a lot in a manner that maintains the minimum front, side and rear setbacks set forth in this section for the district in which the lot is located, except as otherwise regulated in Chapter 1266, Planned Unit Development District, and Chapter 1272 Conditional Uses.
   (a)   Front Setback. Each lot shall maintain a front setback in compliance with Table 1262.07, except as otherwise permitted in subsection (b) below.
   (b)   Front Setback on Through Lots. On a through lot, a front setback shall be provided on each frontage equal to the minimum required front setback as set forth in Table 1262.07. There shall be no required rear setback on a through lot.
   (c)   Side Setbacks. Each interior and through lot shall have and maintain two (2) side yards. Table 1262.07 sets forth the minimum width of any side setback and the minimum total width of both side setbacks.
   (d)   Corner lot. "Corner lot" means a lot located at the intersection of two (2) or more streets. A lot abutting on a curved street shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135 degrees. Yards for corner lots shall comply with the setbacks specified in Table 1267.07. The following requirements shall be applied to side yard and rear yard setback regulations where one or two (2) family detached dwellings are constructed on corner lots:
      (1)   Side yards. There shall be two (2) side yards, one on each side of the principal building not fronting on a street. Together the side yards shall meet the minimum and aggregate width requirements for the zoning district in which the property is located.
      (2)   Rear yards. A corner lot with four property lines will have two (2) front yards, two (2) side yards and no rear yard. A corner lot with more than four property lines will have one or more rear yards along the interior property line(s) between the two (2) required side yards,. The depth of the rear yard(s) shall comply with the provisions of the zoning district in which the property is located.
   (e)   Rear Setback. Each lot shall maintain a rear setback as specified in Table 1262.07.
   (f)   Table 1262.07 Minimum Setback Requirements:
R-1 Suburban Single-Family District
R-2 Single-Family  District
(1)   Front Setback
50 ft.
40 ft.
(2)   Side Setback
20 ft.
10 ft
(3)   Rear Setback
40 ft.
35 ft.
 
(Ord. 8-13. Passed 5-14-13.)

1262.09 HEIGHT REGULATIONS.

   All buildings and structures in any residential district shall comply with the following height regulations:
   (a)   The height of principal buildings and structures shall not exceed 35 feet above average ground level.
   (b)   The height of accessory buildings and structures shall not exceed 25 feet above average ground level.
   (c)   Permitted height exceptions are set forth in Chapter 1274.
      (Ord. 8-13. Passed 5-14-13.)

1262.11 ACCESSORY USES AND STRUCTURES.

   Accessory uses, buildings and structures permitted in single-family residential districts shall conform to the location, coverage, and maintenance standards contained in this Section and Chapter 1274, if applicable. No accessory building or use shall be established on a lot unless a principal building or use has first been established on the lot in conformance with all applicable provisions of this Zoning Code.
   (a)   Location Requirements for Accessory Uses. An accessory building or use permitted in a residential district shall be located as set forth in Table 1262.11. However, an accessory use shall only be permitted to the extent such use complies with all other accessory use regulations set forth in this Zoning Code.
   (b)   Table 1262.11 Permitted Accessory Structures In Front, Side And Rear Yards:
Table 1262.11
Permitted Accessory Structures In Front, Side And Rear Yards
Use
Yard Permitted
Minimum Setback From Lot Line
Front
Side
Rear
Table 1262.11
Permitted Accessory Structures In Front, Side And Rear Yards
Use
Yard Permitted
Minimum Setback From Lot Line
Front
Side
Rear
1.   Attached accessory buildings and structures
None
(a)
(a)
(a)
2.   Detached accessory buildings, including garages
Side, rear
NP
5 ft.
5 ft.
 
Corner
(b)
5 ft.
5 ft.
 
Through lot
(c)
5 ft.
(c)
3.   Driveways
Front,
corner side, side, rear
NA
NA
5 ft.
4.   Fences, walls
Front,
corner side, side, rear
See Chapter 1274 for setbacks
5.   Outdoor storage of recreation vehicle. See also Chapter 1274
Side, rear
See Chapter 1274 for setbacks
6.   Private Swimming pools
Rear
NP
See Chapter 1274
See Chapter 1274
               
Notes to Table 1262.11:
(a)   Shall comply with the setback requirements for principal buildings set forth in Table 1262.07.
(b)   Corner lots: No accessory building shall be placed in the yard in which the front of the principal building faces a street as determined by the Zoning Administrator. Accessory buildings may be permitted within the yard with street frontage if such yard is not deemed by the Zoning Administrator to the front of the principal building. The minimum setback of an accessory building shall be determined by the Zoning Administrator so as to not impede visibility of pedestrians and vehicular traffic. An accessory building shall be no closer than seventeen feet from the edge of the road or the edge of the right-of-way line, whichever is further.
(c)   Through lots: No accessory building shall be placed in the yard in which the front of the principal building faces a street as determined by the Zoning Administrator. Accessory buildings may be placed in the yard that is the area behind the principal building and abutting parallel street provided that such structure is placed no closer than seventeen feet from the edge of pavement or ten feet from the back of sidewalk, whichever is further.
NA   Not Applicable.
NP   Not Permitted
 
   (c)   Accessory Buildings. No more than two (2) accessory buildings shall be located on a single zoning lot.
   (d)   Maximum Area and Rear Yard Coverage of Accessory Buildings and Structures. The total area of all accessory buildings and structures shall not occupy more than thirty percent (30%) of the rear yard.
   (e)   Additional Regulations for Parking Areas. Accessory off-street parking spaces shall be provided in compliance with the parking requirements set forth in Chapter 1284, which shall be located on the same lot as the dwelling served.
   (f)   Swimming Pools. Private swimming pools for the exclusive use of residents of the premises may be located in any residential district provided they comply with the locational and coverage requirements of accessory structures set forth in this Chapter and the supplemental regulations set forth in Chapter 1274.
   (g)   Fences and Walls. Fences and walls in any residential district shall comply with the regulations in Chapter 1274.
   (h)   Temporary Storage Units. Temporary storage units, meaning those without a foundation, shall not be permitted in a front or side yard. They may be placed on a lot, in order to unload or load them, for not more than fourteen (14) days in any six (6) month period, provided they shall not be located in a front yard, except on an impervious surface such as the driveway, during this fourteen (14) day period.
      (Ord. 8-13. Passed 5-14-13; Ord. 15-20. Passed 8-11-20; Ord. 16-20. Passed 8-11-20.)

1264.01 INTENT.

   Multi-Family Residential District (R-3, R-4) regulations are established in order to achieve, among others, the following purposes:
   (a)   To regulate the bulk and location of dwellings to obtain proper privacy and useable open spaces appropriate for the various districts;
   (b)   To regulate the density and distribution of population to avoid congestion and the overburdening of existing and proposed community facilities and public services.
   (c)   To preserve the character of differing neighborhoods by providing unique districts with different densities and development standards.
   (d)   To enable the development of attached single-family and multi-family dwellings in appropriate locations, with a minimum project size to ensure the creation of sustainable higher density neighborhoods.
   (e)   To carry out the following specific purposes:
      (1)   The R-3 District is established to provide, preserve and protect medium density residential areas for attached single-family dwellings arranged to provide good building site design and effective open space in areas adequately served by municipal sewer, water and streets.
      (2)   The R-4 District is established to provide, preserve and protect locations for high-density apartment style development in areas with appropriate levels of service.
         (Ord. 8-13. Passed 5-14-13.)

1264.03 USE REGULATIONS.

   (a)   Uses Permitted By Right. A use listed in Table 1264.03 shall be permitted by right as a principal use in a district when denoted by the letter "P" provided that all requirements of this Zoning Code and other municipal codes and have been met.
   (b)   Conditional Uses. A use listed in Table 1264.03 shall be permitted as a conditional use in a district when denoted by the letter "C", provided the Planning Commission first makes the determination that the requirements of Chapter 1272 have been met according to the procedures set forth in Chapter 1246;
   (c)   Accessory Uses. An accessory use that is clearly incidental and subordinate to a use listed in Table 1264.03 shall be permitted provided that the requirements of this Zoning Code and other municipal codes have been met. Accessory uses are further regulated as noted below.
      (1)   Accessory storage buildings or structures in compliance with Section 1264.09.
      (2)   Fences, walls, landscape features and other structures in compliance with Section 1264.09 and Chapter 1274.
      (3)   Home occupations in compliance with Chapter 1274.
      (4)   Private garages and off street parking spaces in compliance with this Chapter and Chapter 1284.
      (5)   Signs in compliance with Chapter 1286.
   (d)   Table 1264.03 Permitted Uses.
Table 1264.03
Permitted Uses
R-3 Attached Single-Family/
Townhouse District
R-4 Multi-Family District
(1)   Residential
   A.   Single-family detached dwellings
P
P
   B.   Multi-family development including one or more of the following unit types:
P
P
      1.   Two-family dwellings
P
P
      2.   Single-family attached dwellings
P
P
      3.   Multiple-family dwellings
--
P
   C.   Boarding house
C
C
   D.   Adult care facility for 3-5 persons
P
P
   E.   Adult care facility for 6-16 persons
C
C
   F.   Residential facility for 5 or fewer persons
P
P
   G.   Residential facility for 6-8 persons
P
P
   H.   Residential facility for 9-16 persons
C
C
(2)   Community Facilities
   A.   Congregate Care Facility/Nursing home
C
C
   B.   Place of worship/church
C
C
   C.   Day care facility, child and/or adult
C
C
   D.   Library, cultural institution
C
C
   E.   Public safety facility
C
C
   F.   Utility substation/distribution facility, indoor
C
C
   G.   School (public/private) elementary/ secondary
C
C
(3)   Open Space Recreation
   A.   Public park, public playground
P
P
(4)   Other Uses
   A.   Temporary sales offices/model unit
P
P
P = Principal Use Permitted By Right C = Conditional Use -- Use not permitted in district
 
(Ord. 8-13. Passed 5-14-13.)

1264.05 AREA AND DENSITY REGULATIONS.

   Land area shall be divided and developed, and buildings shall be erected, altered, moved or maintained in a multi-family district only in compliance with the following area regulations.
   (a)   Minimum Development Area. The gross area of a tract of land shall not be less than five (5) acres. The entire tract of land to be developed shall be considered one zoning lot.
   (b)   Single-Family Requirements. In the R-3 and R-4 Districts, single-family dwellings on individually subdivided lots shall comply with the regulations for detached, single family homes in the R-2 District that are contained in Chapter 1262.
   (c)   Minimum Frontage. Each lot shall abut upon a public street for a distance not less than set forth in Table 1264.05. In a multi-family development, buildings may be arranged in a group and all buildings need not front on a street.
   (d)   Maximum Density. The residential density of a multi-family development shall not exceed the number of dwelling units per acre set forth in Table 1264.05 for the district in which the development is located.
      (1)   Calculating Units. The total number of dwelling units permitted shall be calculated by multiplying the total project area, exclusive of public rights-of-way existing at the time the development plan is submitted, by the number of dwelling units permitted per acre.
   (e)   Maximum Coverage. The maximum coverage of the lot, for all areas covered by buildings shall not exceed the percentage of the total area of the development project set forth in Table 1264.05.
   (f)   Maximum Number of Attached Single-Family Units. A building comprised of attached single-family units shall have not more than six such units attached.
(g)   Table 1264.05 Lot and Density Regulations.
 
Table 1264.05
Lot and Density Regulations
R-3 Attached Single-Family/ Townhouse District
R-4 Multi-Family District
(1)   Minimum frontage
90 feet
90 feet
(2)   Maximum dwelling units per acre
8
16
(3)   Maximum lot coverage by buildings
25%
40%
 
(Ord. 8-13. Passed 5-14-13.)

1264.07 SITE DEVELOPMENT REGULATIONS.

   The following regulations are established to regulate the design and development of buildings in multi-family districts.
   (a)   Building Setback from Project Boundary. The setback of a dwelling from any project boundary shall be not less than the distance set forth in Table 1264.07. The project boundary shall include all lot lines that divide the tract of land developed for multi-family units from adjacent lots not included in the development and shall be the boundaries of the minimum area set forth in Section 1264.05(a).
   (b)   Parking Setback from Project Boundary. The setback of off-street parking areas from any project boundary shall be not less than the distance set forth in Table 1264.07.
   (c)   Building Spacing. The minimum distance separating buildings shall be not less than the distance set forth in Table 1264.07.
   (d)   Building Height. All buildings shall comply with the maximum height regulations set forth below:
      (1)   The height of principal buildings shall not exceed the maximum height set forth in Table 1264.07.
      (2)   The height of accessory buildings shall not exceed twenty (20) feet.
      (3)   Permitted height exceptions are set forth in Section 1274.05.
   (e)   Table 1264.07 Site Development Standards.
Table 1264.07
Site Development Standards
R-3 Attached Single-Family/
Townhouse District
R-4 Multi-Family District
(1)   Minimum Building Setback from Right-of-Way
30 feet
30 feet
(2)   Minimum Building Setback from:
   A.   Project boundary lines abutting an R-1 or R-2 District
75 feet
75 feet
   B.   Project boundary line abutting all other districts
30 feet
30 feet
(3)   Minimum Parking Setback from:
   A.   Project boundary lines abutting an R-1 or R-2 District
25 feet
25 feet
   B.   Project boundary line abutting all other districts
15 feet
15 feet
   C.   Right-of-Way
30 feet
(4)   Minimum Building Separation
   A.   Main wall to main wall
25 feet
25 feet
   B.   Main wall to end wall
25 feet
25 feet
   C.   End wall to end wall
15 feet
25 feet
(5)   Maximum Principal Building Height
35 feet
50 feet
 
   (f)   Definitions. The following definitions shall apply to terms used in this Section:
      (1)   Main Wall. The outside wall of a building that contains the primary windows of any living, family or dining room.
      (2)   End Wall. The outside walls other than a main wall of a building, which may be blank or contain windows not considered to be primary windows.
         (Ord. 8-13. Passed 5-14-13.)

1264.09 ACCESSORY USE REGULATIONS.

   Any accessory use permitted in an R-3 or R-4 District may occupy a part of the principal building, occupy a separate accessory structure or constitute an accessory land use.
   (a)   Fence and Wall Regulations. Fences and walls shall comply with the setback requirements set forth in Section 1262.11 (b) and the regulations regarding fences and walls in Chapter 1274.
   (b)   Swimming Pools. Private swimming pools for the exclusive use of residents of the premises may be located in any residential district provided they comply with the locational and coverage requirements of accessory structures set forth in this Chapter and the supplemental regulations set forth in Chapter 1274.
   (c)   Minimum Setbacks for Accessory Buildings and Uses. Accessory buildings including garages, carports and recreation facilities, and active recreation areas such as a swimming pool or tennis court which is intended for use by the residents of the residential development shall comply with the minimum setbacks set forth below:
      (1)   The minimum setback from the public right-of-way for such accessory buildings and uses shall be equal to the setback of the principal building.
      (2)   The minimum setback from a side or rear lot line abutting an R-3 or nonresidential district shall be fifteen (15) feet.
      (3)   The minimum setback from the side or rear lot line abutting an R-1 or R-2 district shall be twenty (20) feet.
         (Ord. 8-13. Passed 5-14-13.)

1264.11 PARKING REQUIREMENTS.

   Off-street parking spaces shall be provided for multi-family developments in accordance with the provisions set forth in Chapter 1284.
(Ord. 8-13. Passed 5-14-13.)

1264.13 LANDSCAPE AND SCREENING REQUIREMENTS.

   Visual screening and landscape buffers shall be provided for multi-family developments in accordance with the provisions set forth in Chapter 1280.
(Ord. 8-13. Passed 5-14-13.)

1264.15 SITE IMPROVEMENT STANDARDS.

   The following site improvement standards shall apply to all developments in an R-3 or R-4 District.
   (a)   Underground Utilities. All utilities required to serve a development shall be located underground.
   (b)   Sidewalks. Sidewalks shall connect each building entrance to the parking area serving that building, to other buildings on-site, to recreational facilities that are provided as part of the development and uses, as appropriate, on adjacent lots.
   (c)   Waste Receptacles. All solid waste products that result from any permitted principal, conditional, or accessory use shall be disposed of, stored in buildings, or completely enclosed in containers. Such building, container, or dumpster shall be located in a side or rear yard on a paved surface in compliance with the minimum parking setbacks established in Table 1264.07 as well as the screening requirements set forth in Chapter 1280.
   (d)   Performance Standards. All uses and developments in the R-3 and R-4 Districts shall comply with the Performance Standards in Chapter 1274.
   (e)   Detached Garages. All detached garages shall be located in the side or rear yard.
   (f)   Building Location. To provide a sense of enclosure and definition to the street, the front wall of the principal structure(s) shall be parallel to the public street or to its tangent, if the street is curved. There shall be at least one (1) entrance facing the public street and the principal windows of the building(s) shall also face this public street.
   (g)   Stormwater Detention/Retention Facilities. Detention/retention facilities that are visible from a public street shall be integrated into a landscaped area. Such landscaped areas shall contain any combination of the following elements: shade and ornamental trees, evergreens, shrubbery, hedges, and/or other planting materials as well as ornamental fencing.
   (h)   Open Space.   Any development over five (5) dwelling units shall set aside twenty percent (20%) of the gross land area as open space. A specific recreational activity area or areas shall be developed and maintained for the residents of the development as part of this open space as follows:
      (1)   The size, location, shape, slope, and condition of the land shall be suitable for a specific recreational activity;
      (2)   The amount of land devoted to recreation shall be a function of the population to be served. Consideration shall be given to the size of the development, number and characteristics of expected residents, proximity to other recreational facilities, topography, and natural features on the site.
      (3)   Safety buffers shall be provided for users of recreational facilities and equipment using recognized engineering and recreation standards.
      (4)   Indoor recreational areas may be used as a specific recreational activity area. The indoor recreational area shall count as a part of lot coverage, as regulated by the District's regulations.
      (5)   Open space shall be sufficiently aggregated to create large useable areas of planned open space.
      (6)   Open space shall not be less than fifty (50) feet in width at any point, unless the Planning Commission deems that a lesser width is appropriate, such as when connecting open space areas on adjacent parcels or creating scenic walking trails.
      (7)   Open space shall not be composed of the 100-year floodplain, wetlands (including woodlands with wetland soils), steep slopes, and significant wildlife habitats. The Flood Insurance Study prepared by the U. S. Department of Housing and Urban Development, Federal Insurance Administration or the latest acceptable study shall be used to determine the 100-year floodplain.
      (8)   Land area devoted to the following shall not be included as meeting the open space requirement:
         A.   Public rights-of-way;
         B.   Parking areas, access drives, common drives and driveways, except as otherwise permitted by the Planning Commission when providing access to the open space;
         C.   Required setbacks for buildings and parking areas from the project boundaries;
         D.   Patios or other similar private space; and,
         E.   A minimum of fifteen (15) feet between buildings and open space.
            (Ord. 8-13. Passed 5-14-13.)

1264.17 DEVELOPMENT PLAN REVIEW.

   Uses in R-3 and R-4 Districts shall be permitted only after development plans have been reviewed and approved according to the procedures set forth in Chapter 1290.
(Ord. 8-13. Passed 5-14-13.)

1266.01 PURPOSE AND APPLICATION.

   (a)   Purpose. The Planned Development Overlay District (PDOD) regulations are based on the premise that the ultimate quality of a built environment or development proposal is determined not only by the type, character and allocation of land uses, but also by the way in which such land uses are executed. In many cases, the subdivision regulations and standard zoning district regulations and procedures do not adequately regulate the design of buildings or enable the range of uses in a single zoning district that are appropriate in Carlisle.
      (1)   The purposes of the Planned Development Overlay District regulations are to:
         A.   Provide an opportunity for a mix of land uses otherwise not permitted within the standard municipal zoning district classifications.
         B.   Allow the creation of development standards that respect the unique characteristics, natural quality and beauty of the site and the immediate vicinity and protect the community's natural resources by avoiding development on, and destruction of, sensitive environmental areas.
         C.   Enable greater review of design characteristics to ensure that the development project is properly integrated into its surroundings and is compatible with adjacent development.
         D.   Assure compatibility between proposed land uses within and around the Planned Development Overlay District through appropriate development controls.
         E.   Pursue the housing and economic development goals of Carlisle.
         F.   Promote efficient and economic use of land and reduce infrastructure costs through unified development.
         G.   Establish objective criteria for plan review that ensures conformity to community standards.
      (2)   The procedures established for Planned Development Overlay Districts are designed to encourage:
         A.   Unified development projects that exhibit creative planning and design in ways that cannot be achieved through a standard zoning district or subdivision regulation, yet are consistent with all applicable plans, including but not limited to, the Comprehensive Plan, and are compatible with contiguous land uses and the intent of this Zoning Code.
         B.   Imaginative architectural design.
         C.   Flexibility in building styles and types.
         D.   Proper relationships between buildings, between developments and between structures and the land.
         E.   The development of the land in an orderly, coordinated and comprehensive manner consistent with accepted land planning, landscape architecture practices and engineering principles according to approved development plans.
   (b)   Application. The Planned Development Overlay District regulations assist in accomplishing these purposes by establishing review steps that combine the request for a zoning district change with the development plan review process, and when applicable, the subdivision process. Subsequent plan review following the zoning district change also requires simultaneous review of subdivision plats.
      (1)   Each Planned Development Overlay District shall be considered a separate and unique zoning district wherein a preliminary development plan, including associated text depicting the specific development standards and development commitments, is adopted simultaneously with the adoption of the Planned Development Overlay District designation. The preliminary development plan shall apply only to the property within that particular Planned Development Overlay District.
      (2)   The preliminary development plan adopted at the time of rezoning to the Planned Development Overlay District shall be prepared in accordance with the provisions of this Chapter and the requirements contained herein and shall take precedence over any conflicting regulations contained in this Zoning Code.
   (c)   Ownership. The Planned Development Overlay District shall be an integrated, unified development project and the entire project area shall be in single ownership or joint ownership and/or control at the time the application is made for the PDOD designation so that all property owners are applicants. Any transfer of land within the development resulting in ownership within the development by two (2) or more parties after an application has been filed shall not alter the applicability of the regulations contained herein. A preliminary development plan approved in accordance with these or previous regulations for a Planned Development Overlay District shall be binding upon the owners, their successors and assigns and shall limit and control the issuance and validity of all certificates of zoning compliance, except as provided for in Section 1266.09(c)(4).
(Ord. 8-13. Passed 5-14-13.)

1266.03 ESTABLISHMENT OF PLANNED DEVELOPMENT DISTRICT.

   A Planned Development Overlay District that is adopted after the effective date of these regulations shall be established according to the following:
   (a)   All rezonings to a Planned Development Overlay District shall be designated on the Zoning Map as a PDOD.
   (b)   A request for rezoning land to a Planned Development Overlay District designation shall be made according to Chapter 1256.
   (c)   A preliminary development plan shall be reviewed by the Planning Commission and Council according to Section 1266.09 and a preliminary development plan and supporting documentation shall be adopted at the time of rezoning.
   (d)   Detailed final development plans shall be reviewed and acted upon by the Planning Commission according to Section 1266.09.
   (e)   A preliminary subdivision plat may be reviewed simultaneously with a preliminary development plan. A final subdivision plat shall be reviewed simultaneously with a final development plan, unless a final plat is not required for completion of the project. All subdivision plats shall be reviewed and approved according to the applicable Subdivision Regulations, except as otherwise provided for in this Chapter.
      (Ord. 8-13. Passed 5-14-13.)

1266.05 GENERAL DEVELOPMENT CRITERIA.

   A Planned Development shall be designed and depicted on the preliminary development plan and final development plan in accordance with the following General Development Criteria:
   (a)   Plan Design. The proposed Planned Development (PD) shall be designed in accordance with accepted planning principles, including the planning and development principles included in this Chapter, to ensure that the use of land, buildings and other structures; the building location, bulk, layout, arrangement, design, and height; the percentages of lot areas that may be occupied; the setback of buildings; the sizes of yards and other spaces; and the density of population are in compliance with the purposes and objectives of the PDOD regulations as set forth in the Purpose of this Chapter.
   (b)   Permitted and Conditional Uses. A planned development may include any combination of uses when such use(s) are found to be compatible with one another and in keeping with the intent of these development criteria, provided the proposed location of the uses will not adversely affect adjacent property and/or the public health, safety and general welfare.
      (1)   The list of specific uses to be included in the proposed planned development shall be clearly delineated in the preliminary development plan and its supporting documentation.
      (2)   Uses shall be identified as either permitted uses or conditional uses.
      (3)   Listed uses shall be defined by their customary name or identification, except where they are specifically defined or limited in this Zoning Code.
      (4)   Any listed use may be limited to areas delineated on the preliminary development plan.
   (c)   Planning and Development Principles. The proposed planned development shall be designed in accordance with the following planning and development regulations:
      (1)   Land Use.
         A.   A PDOD may be approved in all districts provided the PDOD meets the regulations in this Chapter and all other applicable regulations in this Zoning Code.
         B.   Buildings and uses within the proposed development shall be located to reduce any adverse influences and to protect and enhance the character of areas adjacent to the development;
         C.   Whenever a proposed development includes areas of a higher intensity than that permitted in adjacent areas, the location and arrangement of use areas shall include appropriate buffers, open spaces, setbacks, or other transitional areas to ensure compatibility with the lower intensity areas.
         D.   Buildings, structures and parking areas shall be designed and located within the planned development in ways that conserve environmentally sensitive or unique natural, historic, or cultural features, and minimize environmental impacts.
         E.   When calculating density for the PDOD, area devoted to non-residential land uses shall not be included in the density calculations.
      (2)   Arrangement of Buildings, Yards and Setbacks.
         A.   The physical relationship of buildings and other site improvements to one another and the surrounding open space, as created by building size, mass, height, shape, and setback, shall result in a harmonious development within the planned development and adjacent to it.
         B.   The bulk and height of buildings within the proposed development shall be compatible with the surrounding development and sufficiently buffered from the surrounding development to mitigate any potential adverse impact(s).
         C.   The setback of all buildings from the perimeter of the total tract shall be a minimum of fifty (50) feet. The setback area shall be retained and maintained as landscaped open space free of streets and off-street parking areas.
      (3)   Landscaping, Screening and Buffering.
         A.   The pattern of landscaping shall be coordinated in design and type of materials, mounding and fencing used. Landscaping may vary in density, spacing and other treatments to reflect variations of topography, existing landscape or land uses.
         B.   Privacy for residential buildings shall be maintained through the use of landscaping, screening and buffering.
         C.   Appropriate buffer zones with adequate landscaping shall be provided between the proposed development and adjacent areas.
         D.   Alternative design approaches to meet the intent of the landscape regulations may be incorporated.
      (4)   Open Space. Adequate open spaces shall be integrated throughout the development to meet the objectives of the Comprehensive Plan. A planned development that includes residential uses shall provide thirty percent (30%) of the gross acreage as open space. Such open space shall be located and designed as follows:
         A.   Open space shall be sufficiently aggregated to create large useable areas of planned open space. Left-over fragments of land from the subdivision process or land left-over from maximizing density shall not be included as useable open space, e.g., the unusual strips of land created between two (2) adjoining cul-de-sacs.
         B.   Open space shall conserve significant topographic, natural and historical features within the planned development to the extent practicable.
         C.   Open space shall provide a scenic natural environment along existing public streets characterized by large building setbacks that enable the preservation of natural features.
         D.   All open space shall be easily accessible to residents of the planned development.
         E.   Where possible, open space areas shall be connected with open space areas on abutting parcels, and wherever possible, by open space corridors.
         F.   Open space shall not be less than fifty (50) feet in width at any point, unless the Planning Commission deems that a lesser width is appropriate, such as when connecting open space areas on adjacent parcels or creating scenic walking trails.
         G.   All principal and accessory buildings shall be setback fifteen (15) feet from any designated open space.
         H.   Land area devoted to the following shall not be included as meeting the open space requirement:
            1.   Public rights-of-way;
            2.   Parking areas, access drives, common drives and driveways, except as otherwise permitted by the Planning Commission when providing access to the open space;
            3.   Required setbacks for buildings and parking areas from the project boundaries;
            4.   Private yards within subdivided lots; and,
            5.   Open space composed of the 100-year floodplain, wetlands (including woodlands with wetland soils), steep slopes, significant wildlife habitats, ridge lines, hilltops, stands of mature hardwood trees, and historic and archaeological features. The Planning Commission may grant an exception to this requirement based on the existing street network, topography, the proximity and nature of surrounding land uses, and similar factors.
         I.   Open space may be used for outdoor active or passive recreation. Any open space intended to be devoted to recreational activities shall be of a usable size and shape for the intended purposes as determined by the Planning Commission. Where deemed appropriate by the Planning Commission, recreation areas shall be provided with sufficient parking and appropriate access.
         J.   Open space shall be prohibited from further subdivision or development by deed restriction, conservation easement, or other agreement in a form acceptable to the Carlisle Law Director and duly recorded in the Office of the Recorder of Deeds of the County. Such recording shall take place before a construction permit, such as a building permit, of any kind is issued.
      (5)   Protection of Natural Features.
         A.   A riparian buffer of twenty (20) feet shall be provided along the entire length and on both sides of a river or perennial stream channel. Walkways may be permitted to be located within riparian buffers when the Planning Commission determines that such will create minimal change to the riparian buffer.
         B.   The 100-year floodplain shall be protected. The most recent Flood Insurance Study prepared by the U. S. Department of Housing and Urban Development shall be used to determine the 100-year floodplain.
         C.   Wetlands that are to be retained in their natural state within the planned development shall be protected. A buffer area not less than twenty (20) feet in width measured from the edge of the delineated wetland shall be provided along the entire perimeter of the designated wetland. The buffer area shall not be disturbed and shall be retained in its natural state.
      (6)   Pedestrian Circulation Systems. A pedestrian circulation system shall be included and designed to provide convenient and safe pedestrian access throughout the planned development, and to connect to neighboring developments and community facilities. The pedestrian circulation system may include sidewalks and other walkways not located along streets. Sidewalks shall meet the latest Carlisle engineer standards.
      (7)   Bike Paths and Other Trail Systems. Trail systems for bikes and other purposes should be included and designed in accordance with the latest Carlisle engineering standards or other adopted policy documents. Such trail systems shall have a minimum width of eight (8) feet and be properly buffered from any adjacent residential areas if the trail is not located along or within the right-of-way of a public street.
      (8)   Street Design and Vehicular Circulation.
         A.   The proposed vehicular circulation system in the planned development shall provide adequate connections to the existing street network.
         B.   The area of the project devoted to streets and related pavement should be the minimum necessary to provide adequate and safe movement and access.
         C.   Street alignments should be designed to conserve natural features and minimize the need for cut and fill practices.
         D.   The function of adjacent thoroughfares shall be maintained by limiting access points to the minimum needed, relating them to existing access points, the street patterns on surrounding development, the thoroughfare plan and the intensity of proposed uses.
         E.   Private streets shall not be permitted unless constructed to meet all current Carlisle engineering standards.
         F.   The design and locations of streets and parking areas shall comply with the requirements for storm water management set forth in the most recent Carlisle engineering standards or the latest requirements of the State of Ohio.
      (9)   Off-Street Parking. The layout of parking areas, service areas, and related entrances, exits, signs, lighting, noise sources or other potentially adverse influences shall be designed and located to protect the character of the area and as well as those areas adjacent to the development.
      (10)   Signs. All signs and graphics within the planned development shall be compatible in size, location, height, material, shape, color and illumination.
         A.   A sign plan for the entire planned development shall set forth the design parameters for the entire project to ensure a consistent and comprehensive character throughout the project. The sign plan shall include the design, layout, and dimensions of all ground, window and wall signs as well as distances from rights-of-way and the type and intensity of illumination.
         B.   Signs should contribute to an overall cohesive design, reflect simplicity, and avoid visual clutter.
         C.   The overall design and placement of buildings should take into account the general placement of signs so that all permanent signs and their associated lighting fixtures complement the appearance and architecture of the buildings.
         D.   Ground signs should be designed to relate to and share common design elements with the building(s) they identify.
         E.   The materials and colors of the sign, sign background and sign frame should be compatible with the building's materials and colors.
         F.   Signs shall conform to the applicable regulations in Chapter 1286.
      (11)   Utilities. The applicant shall provide and construct on-site and off-site water, sewer and other infrastructure improvements for the planned development in accordance with the Carlisle engineering standards.
   (d)   Project Phasing. If the planned development is to be implemented in phases, each phase shall have adequate provision for access, parking, storm water management, utilities, and other public improvements to serve the development in accordance with the applicable criteria set forth above. Each phase shall be provided with temporary and/or permanent transitional features, buffers, or protective areas in order to prevent any adverse impact on completed phases, future phases, and adjoining property. Open space areas shall be proportioned in each phase of the project, and the proposed construction of any recreation facilities shall be clearly identified on a phasing plan.
   (e)   Common Facilities. Common facilities including open space, bike trails, or other such facilities shall be owned, subject to the restriction in Section 1266.13 (c)(10), by an association; by Carlisle, if Carlisle elects to accept such common facilities; a land trust or other conservation organization recognized by Carlisle. Carlisle's Law Director, prior to the Municipal Council approving the preliminary development plan, shall approve the ownership arrangement for such common facilities.
   (f)   Stormwater Detention/Retention Facilities. Detention/retention facilities that are visible from a public street shall be integrated into a landscaped area. Such landscaped areas shall contain any combination of the following elements: shade and ornamental trees, evergreens, shrubbery, hedges, and/or other planting materials as well as ornamental fencing.
      (Ord. 8-13. Passed 5-14-13.)

1266.07 COMPLIANCE WITH EXISTING DEVELOPMENT STANDARDS.

   (a)   Unless otherwise stated and varied in the development standards text, the standards and regulations contained in this Zoning Code that pertain to the specific uses, land development, or land subdivision shall be applicable.
   (b)   Requirements and guidelines that are necessary to ensure that the proposed planned development complies with the intent of these Planned Development Overlay District regulations shall be clearly delineated in the development standards text and submitted as part of the preliminary development plan. Elements of the development standards text shall include:
      (1)   All requirements that are necessary to ensure the planned development is consistent with the Comprehensive Plan and compatible with the surrounding development, including, but not limited to:
         A.   The list of permitted and conditional uses;
         B.   The maximum density for each use area;
         C.   Standards for the protection of natural features;
         D.   The major vehicular, pedestrian and bike circulation system;
         E.   Setbacks and buffer standards for the perimeter of the planned development district and between sub-areas and differing land uses; and,
         F.   Any unique development standards or other standards that are determined essential for the project.
      (2)   All other provisions that set forth the methods for complying with the criteria set forth in Section 1266.09.
         (Ord. 8-13. Passed 5-14-13.)

1266.09 PROCEDURES.

   This Section provides for the adequate review of applications for Planned Developments.
   (a)   General Provisions. Review of applications for Planned Development Overlay Districts shall be conducted in compliance with the following general provisions:
      (1)   Review for Completeness. Each Planned Development application shall be reviewed for completeness and compliance with the applicable submission requirements, unless specific items are determined by the Planning and Zoning Administrator to be inapplicable or unnecessary. If the application is deemed insufficient, the staff shall notify the applicant of the deficiencies. Only complete applications shall be placed on the Planning Commission agenda. When the application is determined complete and all applicable fees have been paid, the Planning and Zoning Administrator shall officially accept the application for consideration.
      (2)   Previously Approved Planned Development Overlay Districts. Planned Development Overlay Districts, including development plans and development standards text adopted prior to the effective date of these Planned Development Overlay District regulations, shall continue in effect and be considered legally conforming under this Code. However, the procedures for the implementation of those developments must conform to the regulations indicated in this Code.
      (3)   Subdivision Plat Approval. If the proposed development includes the subdivision of land, the development shall be subject to the requirements of the plat approval process in accordance with Carlisle's Subdivision Requirements. Preliminary development plan approval and preliminary subdivision plat approval may proceed simultaneously. Final development plan approval and final plat approval shall proceed simultaneously, unless a final plat is not required for completion of the project.
   (b)   Zoning Amendment Pre-application Meeting with Concept Plan. The applicant shall meet with the Planning and Zoning Administrator to review a concept plan prior to submitting an application for a Planned Development Overlay District zoning amendment. The concept plan is intended to outline the basic scope, character and nature of a proposed project. The review is to provide input in the formative stages of design.
      (1)   The applicant shall submit a concept plan for review by staff. The concept plan shall include the elements indicated in Section 1266.11.
      (2)   The applicant for a Planned Development Overlay District may request review and feedback from the Planning Commission prior to preparing a preliminary development plan.
      (3)   No discussions, opinions, or suggestions provided on any aspect of the concept plan shall bind the applicant, or Carlisle, or be relied upon by the applicant to indicate subsequent approval or disapproval by the municipality.
   (c)   Zoning Amendment Request. An application for a zoning amendment to the Planned Development Overlay District shall be submitted according to Chapter 1256. In addition to the submission requirements for zoning amendments, the applicant shall also submit a preliminary development plan and supporting documentation as required below.
      (1)   Preliminary Development Plan Review Procedures. The application, including all submission requirements for preliminary development plans set forth in Section 1266.11 (b), shall be reviewed and distributed according to the following procedures. A preliminary subdivision plat may be reviewed simultaneously provided all the required plat information is submitted.
         A.   Planning and Zoning Administrator Review. After determining that an application is complete according to subsection (a)(1) hereof, the Planning and Zoning Administrator shall forward the application to the appropriate municipal departments and, if determined necessary, professional consultants for review and comment.
            1.   The application shall be reviewed for compliance with the Comprehensive Plan, other adopted plans or studies and the requirements of this Code and other applicable Carlisle Codes.
            2.   During the course of its review, the staff may meet with the applicant to review the application, and the applicant may revise the preliminary development plan application in response to staff's comments.
            3.   Within ninety (90) days of the application being deemed complete or an extended time agreed to by the applicant, the application shall be placed on the agenda for a regularly scheduled meeting of the Planning Commission. The application and supporting documentation, administrative staff comments, any other reports prepared above and any accompanying documents (such as but not limited to letters from residents or maps) shall be transmitted to the Planning Commission prior to the meeting.
         B.   Review and Action by Planning Commission. The Planning Commission shall review the application to determine if it complies with the approval criteria set forth in Section 1266.13(a). The Planning Commission shall take into consideration any submitted staff reports, comments, and expert opinions when reviewing the application.
            1.   Request For Additional Information/Revisions. In its review of an application, the Planning Commission may request additional information it deems necessary to adequately review and evaluate the proposed development, and/or may request the applicant to revise elements of the application. When this occurs, the Planning Commission may table the application.
            2.   Time frame for Review of Tabled Case. Within sixty (60) days, the applicant will, upon written request to the Planning and Zoning Administrator be entitled to a fixed hearing date. The case will be scheduled for the next regular meeting of the Planning Commission but not less than thirty (30) days following receipt of the written request.
            3.   Action By Planning Commission. The Planning Commission shall recommend to Council one of the following:
               a.   That the preliminary development plan and its supporting documentation be approved as submitted; or
               b.   That the preliminary development plan and its supporting documentation be approved with specific modifications set forth by the Planning Commission to further protect and improve the proposed and surrounding developments; or
               c.   That the preliminary development plan be disapproved.
            4.   Transmission to Council. The Planning Commission shall transmit the zoning amendment application and the preliminary development plan along with all appropriate documentation, including its recommendation to the Council, within thirty (30) days of taking action, unless otherwise requested by the applicant.
         C.   Review and Action By Council. Council shall review and act on the proposed ordinance(s), including conducting a public hearing, in accordance with Council procedures and public notice provisions set forth in Chapter 1256.
            1.   In reviewing the ordinance(s), the Council shall consider the approval criteria set forth in Section 1266.13(a).
            2.   Disapproval by Council shall terminate the process. Another zoning amendment application pertaining to the land included in the disapproved application shall not be accepted within one year from the date of disapproval, unless there has been substantial change to the application to warrant reconsideration.
      (2)   Approval of the Planned Development Overlay District/Preliminary Development Plan.
         A.   Adoption of the ordinance shall constitute a rezoning of the property included in the preliminary development plan to a Planned Development Overlay District, and the preliminary development plan and associated commitments become binding on the applicant.
         B.   The Official Zoning Map shall be amended to reflect the zoning change.
         C.   In the event Council approves the preliminary development plan with modifications, the applicant shall incorporate such modifications into the appropriate documents and file the revised preliminary development plan with the Planning and Zoning Administrator. No final development plan application will be processed until the revised preliminary development plan is submitted and approved by the Planning and Zoning Administrator.
      (3)   Significance of Approved Plan. Approval or approval with recommended modifications of the preliminary development plan by Council shall:
         A.   Establish the development framework for the project, including, but limited to, the general location of open space, use areas, densities, unit types, recreational facilities, and street alignments;
         B.   Permit the applicant to proceed with detailed planning of the final development plan; and
         C.   Authorize the applicant to apply for all other required regulatory approvals for the project or subsequent phases thereof.
      (4)   Expiration of Zoning Approval. Given the nature of the Planned Development Overlay District process and the unique standards simultaneously adopted, the Planned Development Overlay District designation shall remain valid for one (1) year from the date of Council approval. During that time, the applicant shall prepare and submit a final development plan for review in compliance with subsection (d) below. In the event progress on the planned development is discontinued, Carlisle may begin procedures to rezone the property to the zoning district in place prior to the Planned Development Overlay District or to another district as may be determined appropriate.
         A.   For the purpose of this Section, progress shall be considered discontinued when:
            1.   The final development plan for the planned development, or for the first phase of the planned development, is not submitted within one (1) year after approval by Council of the preliminary development plan; or
            2.   The final development plan for the planned development, or for the latest phase of the planned development, is approved, but construction authorized by such final development plan is not begun within one (1) year after approval of the final development plan; or
            3.   A final development plan for the planned development is approved, and construction work is discontinued for a period of one (1) year or for a longer period as may be agreed to as part of the planned development zoning amendment.
         B.   At any time, the Planning Commission may grant an extension to the above stated timeframes for good cause shown.
   (d)   Final Development Plans. An application for final development plan review shall include the submission requirements set forth in this Code and shall be submitted for review according to the following. An application for final development plan review shall be required for each phase of development. The applicant shall also submit a final subdivision plat for simultaneous review unless a final plat is not required for completion of the project.
      (1)   Area Included in Final Development Plan. The area included in an application for final development plan review shall be in substantial compliance with the phasing plan approved as part of the preliminary development plan.
      (2)   Review Procedures. The application, including any conditional use application, shall be reviewed according to the following procedures:
         A.   Staff Review. After determining that an application is complete according to subsection (a)(1) hereof, the Planning and Zoning Administrator shall forward the application to the appropriate municipal departments and, if determined necessary, professional consultants for review and comment.
            1.   The application shall be reviewed for compliance with the approved preliminary development plan, the requirements of this Code and other applicable Carlisle Codes.
            2.   During the course of its review, the Planning and Zoning Administrator or other staff may meet with the applicant to review the application, and the applicant may revise the final development plan application in response to staff's comments.
            3.   The application and supporting documents, staff comments, any other reports and accompanying documents (such as, but not limited to, letters from residents or maps) shall be transmitted to the Planning Commission.
         B.   Review by Planning Commission. The Planning Commission shall review the application to determine if it complies with the approval criteria set forth in Section 1266.13(b). The Planning Commission shall take into consideration any submitted staff reports when reviewing the application.
            1.   Request For Additional Information/Revisions. In its review of an application, the Planning Commission may request additional information it deems necessary to adequately review and evaluate the proposed development, and/or may request the applicant to revise elements of the application. When this occurs, the Planning Commission may table the application.
            2.   Time frame for Review of Tabled Case. Within sixty (60) days, the applicant will, upon written request to the Planning and Zoning Administrator be entitled to a fixed hearing date. The case will be scheduled for the next regular meeting of the Planning Commission but not less than thirty (30) days following receipt of the written request.
            3.   Conditional Use Review. If the application includes conditional uses, the Planning Commission shall review the application according to the procedures set forth in Chapter 1272, including the requirement for a public hearing. During its review of a conditional use, the Planning Commission may prescribe appropriate modifications, stipulations, safeguards and limitations on the conditional use as it may deem necessary and in conformance with the intent and purposes of Chapter 1272.
            4.   Compliance with the Preliminary Development Plan. In reviewing the application, the Planning Commission shall determine if the final development plan substantially complies with all specific requirements, the purposes, intent and basic objectives of the preliminary development plan, and any commitments made or conditions agreed to with the adoption of the preliminary development plan. If the final development plan contains changes from the approved preliminary development plan:
               a.   The Planning Commission may determine that the proposed plan substantially complies with the preliminary development plan and may proceed to review the Final Development Plan in accordance with the procedures in this Chapter; or,
               b.   The Planning Commission may, in reviewing the final development plan, approve a modification of a provision of the development standards text or the preliminary development plan if it Planning Commission determines that all of the following provisions are satisfied:
                  i.   The Planning Commission determines that, for this planned development, Code compliance is not needed to ensure that the planned development is consistent with the Comprehensive Plan and is compatible with existing, approved, or planned adjacent development;
                  ii.   The Planning Commission determines that the proposed modification does not significantly alter the list of permitted or conditional uses, cause an inappropriate increase in density or cause inconsistencies with the Comprehensive Plan;
                  iii.   The proposed modification results in a development of equivalent or higher quality;
                  iv.   The principles of Section 1266.05 are achieved; and
                  v.   The development, as proposed on the final development plan, will have no adverse impact upon the surrounding properties or upon the health, safety or general welfare of the community.
               c.   If any proposed modification to the Preliminary Development Plan fails to meet the above criteria, a zoning amendment to amend the preliminary development plan shall be required and shall be sought pursuant to Chapter 1256.
            5.   Compliance with Current Carlisle Standards. In the event development standards or construction standards that apply throughout Carlisle are updated, all subsequently approved final development plans shall comply with the updated standards when the Planning Commission determines that such updated standard(s) will not cause undue hardship.
         C.   Action By Planning Commission. The Planning Commission shall take one of the following actions:
            1.   Approve the final development plan as submitted; or
            2.   Approve the final development plan with modification(s); or
            3.   Disapprove the final development plan when the application does not demonstrate that the required standards have been met. Disapproval of the final development plan shall terminate the process. The applicant may revise the final development to respond to the Planning Commission's concerns and resubmit the plan. Such action shall be considered a new application for review and shall contain all the information required for final development plans, including payment of the application fee.
   (e)   Zoning and Building Permits. Following the approval of the final development plan, and recording of the final subdivision plat if applicable, the applicant may proceed with the zoning certificate and building permit process, consistent with approval as granted, including any conditions and modifications made by the Planning Commission.
      (1)   After approval of the final development plan, the applicant shall obtain a zoning certificate and a building permit prior to construction.
      (2)   All construction and development under any building permit shall be in accordance with the approved final development plan, except as may be permitted in subsection (f) hereof, Modifications to Approved Final Development Plans. Any unauthorized departure from such plan shall be cause for revocation of the certificate of zoning compliance. All required covenants, easements and restrictions shall be recorded prior to the approval of any construction permit in a location where such covenants, easements, or restrictions are intended to apply. Carlisle shall require a copy of the recorded document prior to issuing any construction permit.
   (f)   Modifications to Approved Final Development Plans. Requested modifications to approved final development plans shall be reviewed according to the following:
      (1)   Administrative Approval. The Planning and Zoning Administrator, in administering the approved final development plan, may authorize minor design modifications that are required to correct any undetected errors or that are consistent with the purpose of the approved final development plan.
         A.   Such modifications shall not allow increases in intensity of development or additions to the list of permitted or conditional uses.
         B.   Such modifications shall be limited to:
            1.   Minor adjustments in lot lines provided no additional lots are created;
            2.   Minor adjustments in location of building footprints and parking lots provided the perimeter setbacks, yards and buffers remain in compliance;
            3.   Minor adjustments in building height(s);
            4.   Substitution of landscaping materials;
            5.   Redesigning and/or relocating stormwater management facilities;
            6.   Redesigning and/or relocating mounds;
            7.   Minor modifications to the design of signs, including the sign face, and sign lighting, provided the color palette, maximum sign area and maximum sign height, approved in the final development plan, are not exceeded;
            8.   Minor changes in building material that are similar to and have the same general appearance as the material approved on the final development plan.
         C.   The Planning and Zoning Administrator shall report any approved modification to the Planning Commission.
      (2)   Board of Zoning Appeals Approval. Any request for a variation to the development standards text that pertains to an individual single-family dwelling on an individual subdivided lot shall be reviewed as a variance according to the regulations set forth in Chapter 1250.
      (3)   Planning Commission Approval.
         A.   Modifications other than those listed in subsection (f)(1) and (2) above shall be submitted to the Planning Commission. If it determines the modifications are compatible with the surrounding development and that they are not requirements that are necessary to ensure consistency with the Preliminary Development Plan, the Planning Commission may approve such change.
         B.   Any such changes shall be indicated on an amended final development plan. An application for an amended final development plan shall follow the review procedures for final development plan review set forth in subsection (d) hereof. If approved, such amendments to the final development plan shall supercede the originally approved final development plan.
            (Ord. 8-13. Passed 5-14-13.)

1266.11 SUBMISSION REQUIREMENTS.

   (a)   Contents Of Concept Plan Application. It is the intent of these regulations that the concept plan shall generally indicate overall design of the proposed Planned Development project. Information submitted should be comprehensive enough to enable the staff to understand the existing site and concept for the proposed development. The applicant shall submit the number of copies as determined by the Planning and Zoning Administrator. The information submitted should include the following:
      (1)   Completed Application Form along with the application fee.
      (2)   Vicinity Map indicating the location of the site in Carlisle and the general location of principal thoroughfares.
      (3)   Regional Context Map. A map indicating the proposed site and all parcels within 2000 feet in all directions showing the basics of the proposed site layout, all property lines, general location of structures on all parcels, and existing land use on all parcels.
      (4)   Map of Existing Conditions and features drawn to scale, with accurate boundaries of the entire project and a north arrow, including the property proposed for development, all adjacent rights-of-way and 100 feet of property immediately adjacent thereto, indicating:
         A.   Existing public improvements, permanent facilities, easements and property boundaries;
         B.   Location of existing structures on the site and abutting properties;
         C.   Physical features and natural conditions of the site including the location of streams, tree masses, open spaces, etc.;
         D.   General topography;
         E.   Existing zoning district boundaries and jurisdictional boundaries;
         F.   Surface drainage and areas subject to flooding;
         G.   Existing public and private utility systems;
         H.   Regional transportation system.
      (5)   The Concept Plan Map, drawn to scale with accurate boundaries of the entire project and a north arrow, including the property proposed for development, all adjacent rights-of-way, and 100 feet of property immediately adjacent to the property boundary, indicating:
         A.   Depiction of proposed land uses, including open space areas, indicating the approximate acreage by land use, density and type of buildings or dwelling units;
         B.   The location of any lands to be dedicated to any public agency;
         C.   The general circulation pattern;
         D.   The relationship of the proposed project to the surrounding area.
   (b)   Contents Of Preliminary Development Plan Application. The application shall include the maps, plans, and supplementary documentation itemized below. The applicant shall submit the number of copies as determined by the Planning and Zoning Administrator. The information submitted should include the following:
      (1)   Completed Application Form along with the application fee. The application shall be signed and notarized.
      (2)   Vicinity Map showing the relationship of the proposed planned development to existing development and including existing property lines, easements, utilities, and street rights-of-way of the subject property and property within 500 feet of the site, zoning district boundaries, and existing land uses and structures.
      (3)   Regional Context Map. A map indicating the proposed site and all parcels within 2000 feet in all directions showing the basics of the proposed site layout, all property lines, general location of structures on all parcels, and existing land use on all parcels.
      (4)   Legal Description.
      (5)   Map of Existing Conditions and features drawn to scale, with accurate boundaries of the entire project and a north arrow, including:
         A.   Boundaries of the area proposed for development, dimensions and total acreage;
         B.   Existing public rights-of-way, buildings, permanent facilities, access points and easements on, and adjacent to, the site;
         C.   Identification of any existing buildings or structures to be removed or demolished;
         D.   Existing zoning district boundaries and jurisdictional boundaries;
         E.   Existing utility systems and providers;
         F.   The location of existing topography showing contour lines at vertical intervals of not more than five (5) feet, highlighting ridges, rock outcroppings and other significant topographical features and identifying any areas with slopes over five percent (5%);
         G.   Locations of all wooded areas, tree lines, hedgerows, and a description of significant existing vegetation by type of species, health, and quality;
         H.   Delineation of existing drainage patterns on the property;
         I.   Location of wetlands (and potential wetlands) the 100-year floodplain, floodway boundary, twenty (20)-foot buffer area beyond the floodway, and flood elevation as delineated by the Federal Emergency Management Agency maps including rivers and streams and their related river or stream bank, ponds, and water courses.
      (6)   The Preliminary Development Plan Map shall include a plan for the entire area of the proposed project and shall be drawn to an appropriate scale with accurate boundaries of the entire project including a north arrow. The applicant shall submit the number of copies as determined by the Planning and Zoning Administrator. The information submitted shall indicate:
         A.   The proposed location, use and size of areas of residential, retail, office, industrial or institutional uses, community facilities, parks, playgrounds, school sites and other public areas and open spaces with the suggested ownership and maintenance provisions of such areas, and their related parking areas, and access points;
         B.   The general layout of the proposed internal road system, indicating the proposed vehicular right-of-way of all proposed public streets, general indication of private streets and pedestrian circulation, bike paths and other trail systems, access drive locations, improvements to existing streets, and traffic control requirements;
         C.   Any proposed off-site improvements and/or utility lines/extensions needed to serve the site;
         D.   Natural areas and other natural features to be conserved and any required buffer areas;
         E.   Natural features to be altered or impacted by the development and areas where new landscaping will be installed, etc.;
         F.   A summary table showing total acres of the proposed development; the number of acres devoted to each type of use, including streets and common areas; the number of dwelling units by type and density for each residential use area; the building height(s); and square footage as proposed for retail, office, industrial and institutional uses, by use area; and the number of parking spaces provided for each use area;
         G.   Space for signatures of the applicant and the Planning and Zoning Administrator, and the dates of Planning Commission and Council approvals.
      (7)   Preliminary Plat, if appropriate, designed in compliance with the requirements and regulations set forth in this Zoning Code.
      (8)   Architectural Drawings demonstrating the prototypical designs of the proposed buildings, to demonstrate the exterior design, character and general elements in sufficient detail to indicate the proposed visual character of the development. This requirement includes prototypical designs for single-family homes, if the planned development mandates a specific style or type of single family home.
      (9)   Project Phasing Map. A phasing plan and schedule identifying the separate phases of the project, including utilities and any off-site improvements. Such schedule shall include the proposed use or reuse of existing features such as topography, structures, streets, easements and natural areas.
      (10)   Proposed Utilities including the proposed provision of water, sanitary sewer and surface drainage facilities, including engineering feasibility studies or other evidence of reasonableness, including verification of availability.
      (11)   Traffic Study indicating the impact of future traffic on the existing and proposed roadway system, as required by the Carlisle Engineer.
      (12)   Explanation of Relationship of Proposed Development to existing and future land use in the surrounding area, the street system, community facilities and open space system, services and other public improvements. If the proposal is not fully consistent with Comprehensive Plan, the applicant shall submit a letter justifying the proposed deviation from the Comprehensive Plan.
      (13)   Development Standards Text. The development standards text identifying the requirements that are to govern the design and layout of the planned development.
         A.   The development standards text shall include signature and date lines for the applicant certifying the text.
         B.   Dimensions and/or acreages illustrated on the development plan shall be described in the development standards text.
         C.   Any dimensions or other provision that depart from any applicable standards set forth in this Zoning Code, especially addressing signs, landscaping, buffering, required setbacks, and parking, shall be clearly described.
         D.   Adequate provision shall be made to establish a private organization (i.e. Homeowners Association) with direct responsibility to provide for the operation and maintenance of all common facilities that are part of the Planned Development, and, in such instance legal assurances shall be provided to show that the private organization is self-perpetuating.
   (c)   Contents of Final Development Plan Application. The application shall include the maps, plans, designs and supplementary documents itemized below. Copies of the maps, plans, designs and supplementary documents shall be submitted. Final development plans are intended to be detailed refinements for development and, as such shall be accurate, detailed representations of all the plan elements on the approved preliminary development plan. The applicant shall submit the number of copies determined by the Planning and Zoning Administrator. The information submitted shall include the following:
      (1)   Completed Application Form, which has been signed and notarized, along with the application fee.
      (2)   Vicinity Map showing the relationship of the area of the final development plan to the entire Planned Development Overlay District and including existing structures, property lines, easements, utilities, and street rights-of-way of the subject property and property within 500 feet of the site;
      (3)   Regional Context Map. A map indicating the proposed site and all parcels within 2000 feet in all directions showing the basics of the proposed site layout, all property lines, general location of structures on all parcels, and existing land use on all parcels.
      (4)   Final Subdivision Plat. A Final Plat shall be submitted in accordance with the regulations in the Zoning Code, if the proposed development includes the subdivision of land;
      (5)   Legal Description of the property with accurate distances and bearings from an established monument on the project to the three nearest established street lines or official monuments; and stamped or sealed evidence from a surveyor registered in the State of Ohio that the monuments actually exist and that all dimensional and geodetic details are correct;
      (6)   Final Development Plan Map, prepared and sealed by a qualified professional such as a licensed architect, surveyor, engineer or landscape architect, and drawn to an appropriate scale indicating the following items:
         A.   A bar scale, north arrow, and total acreage of the area that is the subject of the final development plan, and accurate location of all monuments;
         B.   Radii, arcs, points of tangency, central angles for all curvilinear street, radii for all rounded corners, and length of all straight center line between curves on all public and private street;
         C.   The right-of-way lines of adjoining streets and alleys with their width and names, and indicating the edge of pavement and centerline;
         D.   All lot lines and easements with their dimensions;
         E.   The dimensions and locations of proposed structures, buildings, streets, parking areas, yards, playgrounds, school sites and other public or private facilities; the proposed pedestrian and bike path systems; the arrangement of internal and in-out traffic movement including access roads and drives; lane and other pavement markings to direct and control parking and circulation; and the location of signs related to parking and traffic control;
         F.   Location and height of existing and proposed structures including fences, walls, signs, and lighting;
         G.   Location and layout of all proposed and existing outdoor storage areas including storage of waste materials and location of trash receptacles;
         H.   Sanitary sewers, water and other utilities including fire hydrants, as required, and proposed drainage and storm water management;
         I.   Delineation and identification of areas to be dedicated or reserved for public use, provided those areas are acceptable to Carlisle, with the purposes indicated thereon, and of any area to be reserved by deed covenant for the common use of all property owners, listing who will maintain the acreage of such areas, or indicating if it is to be dedicated or reserved and the proposed timing of dedication or reservation;
         J.   Space for signatures of the owner, and applicant if different that the owner, and the Planning and Zoning Administrator, and the date of Commission approval;
         K.   Summary table showing total acres of the proposed development, the number of acres devoted to each type of use including streets and open space, and the number of proposed dwelling units by type, building square footage, number of parking spaces, pavement coverage, impervious surface area and acreage devoted to open space, private streets, and other public facilities; and proposed density by use area and overall.
      (7)   Proposed Utilities. Verification of availability of all utilities, including water, sanitary sewer, gas, electric, cable, etc., and indication of all utility line extensions;
      (8)   Additional Plans for Proposed Development.
         A.   Topographic maps showing existing and proposed grading contours, water courses, wetlands and flood plains and other flood hazard boundaries and information;
         B.   Landscaping and screening plans;
         C.   A dimensioned sign plan indicating the character, material, dimensions, location, shape, color(s) and type of illumination of signs;
         D.   Architectural plans for the proposed development, showing all exterior elevations and building floor plans, colors, materials, and other details to indicate the type of architectural style proposed for the development. This requirement includes prototypical designs for single-family homes, if the planned development mandates a specific style or type of single family home.
         E.   Construction plans for all public improvements, site grading, and required development practices specified by Municipal Code.
      (9)   Ownership. The ownership interests of the subject property, including liens and easements, and the nature of the developer's interest if not the owner.
      (10)   Covenants, Easements and Restrictions.
         A.   The substance of covenants, grants of easements, or other restrictions that will be imposed upon the use of the land, buildings, and structures, including proposed easements or grants for public utilities.
         B.   For projects that include any area for common use of or to be maintained by multiple property owners, the Association's bylaws or Code of regulations, shall include provisions that comply with the requirements in Section 1274.25:
      (11)   Modifications. A statement identifying any aspect of the Final Development Plan in which the applicant is requesting a modification from the preliminary development plan, pursuant to Section 1266.09(d)(2)B.4.
      (12)   Updated Existing Conditions. An updated/revised map of Existing Conditions indicating all changes since the map was submitted with the preliminary development plan.
      (13)   Table of Contents. Table of contents or other index indicating where each of the plan submission requirements is located within the application package (page number of narrative or drawing).
         (Ord. 8-13. Passed 5-14-13.)

1266.13 PLAN APPROVAL CRITERIA.

   (a)   Preliminary Development Plan. In the review of proposed Planned Developments, the Planning Commission and Council shall determine whether or not the preliminary development plan complies with the following criteria. In the event the Planning Commission determines that the proposed preliminary development plan does not comply with a preponderance of these criteria, the Planning Commission shall disapprove the application:
      (1)   The proposed development is consistent with the purpose, intent and applicable standards of this Zoning Code;
      (2)   The proposed development is in conformity with the Comprehensive Plan, and other adopted plans or portions thereof as they may apply;
      (3)   The proposed development advances the general welfare of Carlisle and immediate vicinity and will not impede the normal and orderly development and improvement of the surrounding areas;
      (4)   The proposed uses are appropriately located in Carlisle so that the use and value of property within and adjacent to the area will be safeguarded;
      (5)   Proposed residential development will have sufficient open space areas that meet the objectives of the Comprehensive Plan;
      (6)   The proposed development respects the unique characteristic of the natural features and protects the natural resources of the site;
      (7)   Adequate utilities, access roads, drainage, retention and/or necessary facilities have been or are being provided;
      (8)   Adequate measures have been or will be taken to provide ingress and egress designed to minimize traffic congestion on the surrounding public streets and to maximize public safety and to accommodate adequate pedestrian and bike circulation systems so that the proposed development provides for a safe, convenient and non-conflicting circulation system for motorists, bicyclists and pedestrians;
      (9)   The relationship of buildings and structures to each other and to such other facilities provides for the coordination and integration of this development within the PDOD and the larger community and maintains the image of Carlisle as a quality community;
      (10)   The density, building gross floor area, building heights, setbacks, distances between buildings and structures, yard space, design and layout of open space systems and parking areas, traffic accessibility and other elements having a bearing on the overall acceptability of the development plans and contribute to the orderly development of land within Carlisle;
      (11)   Adequate provision is made for storm drainage within and through the site so as to maintain, as far as practicable, usual and normal swales, water courses and drainage areas;
      (12)   The design, site arrangement, and anticipated benefits of the proposed development justify any deviation from the standard development regulations included in this Zoning Code and that any such deviations are consistent with the intent of the Planned Development Overlay District regulations;
      (13)   The proposed phasing of development is appropriate for the existing and proposed infrastructure and is sufficiently coordinated among the various phased to ultimately yield the intended overall development;
      (14)   The proposed development can be adequately serviced by existing or planned public improvements and not impair the existing public service system for the area.
   (b)   Final Development Plan. In the review of proposed Planned Developments, the Planning Commission shall determine whether or not the proposed development, as depicted on the final development plan, complies with the following:
      (1)   The plan conforms in all pertinent respects to the approved preliminary development plan, provided, however, that the Planning Commission may authorize plans as specified in sub-section 1266.09(d)(2)B.4.;
      (2)   Adequate provision is made for safe and efficient pedestrian and vehicular circulation within the site and to adjacent property;
      (3)   The development has adequate public services and open spaces;
      (4)   The development preserves and is sensitive to the natural characteristics of the site in a manner that complies with the applicable regulations set forth in this Code and the Comprehensive Plan;
      (5)   The development provides adequate lighting for safe and convenient use of the streets, walkways, driveways, and parking areas without unnecessarily spilling or emitting light onto adjacent properties or the general vicinity;
      (6)   The proposed signs, as indicated on the submitted sign plan, will be coordinated within the planned development and with adjacent development; are of an appropriate size, scale, and design in relationship with the principal building, site, and surroundings; and are located so as to maintain safe and orderly pedestrian and vehicular circulation;
      (7)   The landscape plan will adequately enhance the principal building and site; maintain existing trees to the extent possible; buffer adjacent incompatible uses; break up large expanses of pavement with natural material; and provide appropriate plant materials for the buildings, site, and climate;
      (8)   Adequate provision is made for storm drainage within and through the site which complies with the applicable regulations in this Code and any other design and construction criteria established by Carlisle or any other governmental entity which may have jurisdiction over such matters; and,
      (9)   If the project is to be carried out in progressive stages, each stage shall be so planned that the foregoing conditions are complied with at the completion of each stage.
         (Ord. 8-13. Passed 5-14-13.)

1268.01 INTENT.

   Commercial Districts (B-1, B-2, B-3) and their regulations are established in order to achieve, among others, the following purposes:
   (a)   To promote the most desirable land use and traffic patterns in accordance with the objectives of the Carlisle Comprehensive Plan;
   (b)   To provide appropriate and convenient locations of sufficient size for the exchange of goods and services;
   (c)   To protect residential neighborhoods adjacent to business uses by regulating the types of establishments, particularly at the common boundaries, that would create congestion, noise or other objectionable influences;
   (d)   B-1 Neighborhood Business District. The purpose of the B-1 Neighborhood Business District is to encourage the establishment of areas for convenience business uses which tend to meet the daily needs of the residents of an immediate neighborhood. Such Districts shall be strategically located with access to a collector street. Marginal strip development is prohibited.
   (e)   B-2 General Business District. The purpose of the B-2 General Business District is to encourage the establishment of areas for general business uses to meet the needs of a regional market area. Activities in this District are often large space users and the customers using these facilities generally do not make frequent purchases. Shopping centers shall be the predominant building approach. Strip development is prohibited. B-2 Districts shall be located on arterial streets.
   (f)   B-3 Central Business District. The purpose of the B-3 Central Business District is to accommodate and encourage further expansion and renewal in the historical core business area of the community. A variety of business, institutional, public, quasipublic, cultural, residential and other related uses are encouraged in an effort to provide the mix of activities necessary to establish a truly urban character.
      (Ord. 8-13. Passed 5-14-13.)

1268.03 USE REGULATIONS.

   (a)   Uses Permitted by Right. A use listed in Table 1268.03 shall be permitted by right as a principal use in a district when denoted by the letter "P" provided that all requirements of other municipal ordinances and this Zoning Code have been met.
   (b)   Conditional Uses. A use listed in Table 1268.03 shall be permitted as a conditional use in a district when denoted by the letter "C", provided the Planning Commission first makes the determination that the requirements of Chapter 1272 have been met according to the procedures set forth in Chapter 1246.
   (c)   Accessory Uses. A use listed in Table 1268.03 shall be permitted as an accessory use in a district when denoted by the letter "A". Such use shall be permitted as a subordinate building or use when it is clearly incidental to and located on the same lot as the principal building or use. Accessory uses are further regulated in subsequent sections of this Zoning Code.
Table 1268.03
Permitted Uses
 
B-1 Neighbor- hood Business
B-2
General Business
B-3
Central Business
(1)   Residential
   A.   Single-family dwelling
C
--
P
   B.   Single-family attached dwellings
--
--
C
   C.   Two-family dwelling
--
--
C
   D.   Dwelling unit(s) above the first floor of a building
P
   E.   Hotel, motel
--
P
--
(2)   Office and Professional Services
   A.   Administrative, business and/or professional office
P
P
P
   B.   Bank and other financial institutions
--
P
P
   C.   Medical/dental office
P
P
P
(3)    Retail and Services
   A.   Retail establishment
P1
P2
P
   B.   Restaurant
P
P
P
   C.   Drive-thru facility in association with a permitted use
--
C
C
   D.   Funeral home
P
P
P
   E.   Outdoor display/sales, See § 1268.15
--
--
P
   F.   Personal services
P3
P
P
(4)   Automotive/ Transportation
   A.   Gasoline station / pumps
--
C
C
   B.   Car wash
--
C
--
   C.   Automobile service station
--
C
--
   D.   Vehicle repair garage
--
--
--
   E.   Public use parking lot
C
--
C
   F.   Motor vehicle sales and rental
--
--
--
(5)   Entertainment - Recreation
   A.   Commercial recreation, outdoor
--
C
--
   B.   School, specialty/personal instruction
C
--
C
   C.   Theater
--
--
C
   D.   Assembly hall/ membership club/conference center
--
P2
C
   E.   Public park, public playground
P
P
P
(6)   Community Facilities/ Other
   A.   Congregate care facility
C
P
C
   B.   Nursing home
C
P
C
   C.   Place of worship/church
C
P
P
   D.   Day care facility, child and/or adult
C3
P
--
   E.   School, commercial, business or trade
--
P
P
   F.   School (public/private) elementary/secondary
C
P
C
   G.   Public safety facility
P
P
P
   H.   Utility substation/distribution facility, indoor
C
C
C
(7)   Accessory Uses
   A.   Crematorium when accessory to a funeral home
A
A
A
   B.   Off-street parking facility
A
A
A
   C.   Outdoor storage of vehicles & equipment. See §1268.15
--
--
--
   D.   Outdoor storage of goods & general merchandise
See §
1268.15
--
--
--
   E.   Restaurant, outdoor dining, See §1268.13
--
A
A
   F.   Signs
A
A
A
P = Permitted by right
C = Conditional
A = Accessory
-- = Use not permitted in district
 
(Ord. 8-13. Passed 5-14-13.)

1268.05 LOT REQUIREMENTS.

   The minimum lot requirements for uses in Commercial Districts shall be as specified in Table 1268.05.
 
Table 1268.05
Lot Requirements
B-1 Neighbor- hood Business
B-2
General Business
B-3
Central Business
(a)   Minimum Project Area
none
none
none
(b)   Minimum Lot Area
12,000 sq.ft.
1 acre
7,500 sq.ft.
(c)   Minimum Lot Width at building line
60 ft.
100 ft.
50 ft.
(d)   Maximum Building Coverage
30%
40%
50%
 
(Ord. 8-13. Passed 5-14-13.)

1268.07 BUILDING SETBACK REQUIREMENTS.

   Every permitted use of land and structures shall be located on a lot in a manner that maintains the minimum building setbacks set forth in this section for the district in which the lot is located, measured from the appropriate lot line. Each resulting setback shall remain unobstructed by structures except as otherwise specifically permitted in this Code.
   (a)   Front Setback. Each lot shall maintain the minimum front setback measured from the street right-of-way. Corner lots shall comply with the front setback for each lot line adjacent to a street right-of-way. In the case of private streets, the front setback shall be measured from the edge of pavement if there is no sidewalk or back of the sidewalk, if present.
   (b)   Table 1268.07: Minimum Building Setbacks.
 
Table 1268.07
Minimum Building Setbacks
B-1 Neighbor- hood Business
B-2
General Business
B-3
Central Business
(1)   Minimum Setback from Street ROW
10 feet
20 feet
None
(2)   Maximum Setback from Street ROW
10 feet
30 feet
5 feet
(3)   Setback from Side and Rear Lot line abutting nonresidential district
5 feet
10 feet   
None
(4)   Setback from Side Lot line abutting residential district.
10 feet
10 feet
15 feet
(5)   Setback from Rear Lot line abutting residential district.
15 feet
15 feet   
15 feet
 
(Ord. 8-13. Passed 5-14-13.)

1268.09 HEIGHT REGULATIONS.

   Buildings and structures shall not exceed thirty-five (35) feet in the B-1 and B-2 District and fifty (50) feet in the B-3 District.
(Ord. 8-13. Passed 5-14-13.)

1268.11 OFF-STREET PARKING REGULATIONS.

   Off-street parking areas shall conform to the regulations of Chapter 1284 and to the parking requirements set forth below:
   (a)   Table 1268.11 Minimum Parking Setbacks. Off-street parking shall be located in compliance with the minimum setbacks, measured from the street right-of-way or property line, as specified below unless otherwise noted.
 
 
Table 1268.11
Minimum Parking Setbacks
B-1 Neighbor- hood Business
B-2
General Business
B-3
Central Business
(1)   Minimum Setback from Street ROW
Behind front building line
Behind front building line
Behind front building line
(2)   Setback from Side and Rear Lot line abutting nonresidential district.
10 feet
10 feet
None
(3)   Setback from Side and Rear Lot line abutting residential district.
20 feet
20 feet
10 feet
 
   (b)   The area within the parking setback shall be landscaped in accordance with Chapter 1280.
   (c)   Off-street parking spaces shall be provided in compliance with Chapter 1284.
      (Ord. 8-13. Passed 5-14-13.)

1268.13 OUTDOOR DINING REGULATIONS.

   (a)   General Requirements. Outdoor dining shall be permitted provided that:
      (1)   Prior to issuance of an outdoor dining permit, the applicant shall furnish, to the Planning and Zoning Administrator, a dimensioned plan showing the proposed location of all outdoor dining furniture. The applicant shall also submit drawings or photos of the type of furniture and enclosure to be utilized, and any other equipment to be used. Outdoor dining shall not be allowed within ten (10) feet of a fire hydrant, Fire Department standpipe connection, fire escape, bus stop, loading zone, mail boxes, or traffic signal stanchions.
      (2)   Areas devoted to outdoor display and outdoor dining shall comply with all building setbacks regulations for the district in which they are located as set forth in this Chapter, unless the Planning and Zoning Administrator expressly permits outdoor dining in a public right-of-way and the applicant complies with the requirements in Section 1268.15 (b) below.
      (3)   All outdoor dining areas shall be contiguous to the principal building.
      (4)   The facility is used in conjunction with, and is under the same management and exclusive control of, a restaurant located on the same or contiguous property and shall not exceed the existing building or property width.
      (5)   Tables, chairs and furnishings shall be arranged so as not to interfere with pedestrian movement on sidewalks, ingress into or egress from buildings, or otherwise interfere with the proper and safe movement of people or vehicles in parking areas or on municipal streets, alleys, rights of way or other municipally owned property.
      (6)   Prior to serving any alcoholic beverage outside, the applicant shall make application to and obtain approval from the State of Ohio Liquor Control Board.
      (7)   All applicable Health Department sanitation requirements shall be followed and permits obtained for outdoor food handling. The permittee shall be responsible for posting the outdoor seating area as to any special Health Department requirements.
      (8)   Outdoor electrical installations must comply with the current, adopted edition of the National Electrical Code.
      (9)   Outside entertainment, whether by band, orchestra, instrument, musician, singer, radio, television, loudspeaker, microphone, recital or any other individual, group or mechanical device shall not be permitted in any outside dining facility if the noise from such entertainment is of such a volume so as to cause a disturbance to abutting property owners.
  
   (b)   Requirements for Outdoor Dining in the Public Right-of-Way. Outdoor dining shall be permitted on public sidewalks provided that:
      (1)   Prior to issuance of a permit, the applicant shall furnish to the Planning and Zoning Administrator a dimensioned plan showing the sidewalk and all existing public improvements and encroachments such as light posts, benches, planters, trash receptacles, fences, trees and tree grates in the area, bicycle racks and newspaper boxes. The diagram shall also include the location of the curb relative to the building and the proposed location of all outdoor dining furniture, and other equipment to be placed on the sidewalk. Outdoor dining shall not be allowed within ten (10) feet of a fire hydrant, Fire Department standpipe connection, fire escape, bus stop, loading zone, mail boxes, or traffic signal stanchions.
      (2)   An Outdoor Dining Permit shall be obtained from the Planning and Zoning Administrator prior to placing tables, chairs, or any other equipment (including fences, planters, lightposts, etc.) on any public sidewalk. Permits issued hereunder shall be valid from the date of approval and each year thereafter until such time as the outdoor dining facility ceases operations.
      (3)   All sidewalks encompassed by the Outdoor Dining Permit shall be maintained, by the permittee, in a sanitary manner at all times. Food scraps and containers shall be disposed of in appropriate refuse containers on a regular basis during the day by the permittee. Sweeping of refuse or food scraps into tree grates is not permitted.
      (4)   The proposed use shall not unreasonably interfere with pedestrian or vehicular traffic or with access to parked vehicles, and in no event shall the uses permitted by an Outdoor Dining Permit reduce the open portion of any sidewalk to less than six (6) feet in width. Sidewalks that include a tree and/or any other permanently affixed objects shall be measured from the building side of the object.
      (5)   Permittees shall see that the public areas encompassed by their Outdoor Dining Permit are kept clean throughout the day and at the end of each business day, so as not to have any food, scraps or drink leftovers remaining which would pose an attraction to animals or insects. Each permit holder shall wash, as needed, the public area to remove any food or drink residue that may attract animals and/or create a pedestrian slip hazard.
      (6)   No tables, chairs or other equipment shall be attached or affixed to the sidewalk, poles or any other public facilities, without first obtaining permission from the Planning and Zoning Administrator. Outdoor dining, subject to this section, may only occur between 7:00 a.m. and 12:00 a.m. from April 1 to October 31 each year.
      (7)   The applicant for an Outdoor Dining Permit shall provide at its sole cost and expense and shall maintain in effect during the entire period of the permit, insurance in the following manner:
         A.   Worker's Compensation insurance in at least the required statutory limits;
         B.   Comprehensive general liability insurance, including owner's protective liability insurance and contractual liability insurance covering claims for personal injury and property damage with limits of at least one million dollars ($1,000,000) per occurrence, and one million dollars ($1,000,000) for any single injury; and
         C.   Prior to issuance of an Outdoor Dining Permit, the permittee shall provide Carlisle with copies of the certificates of insurance for the required policies for each type of insurance naming Carlisle as an additional insured party.
         D.   The required insurance policies shall each provide that they shall not be changed or canceled during the life of the Outdoor Dining Permit until thirty (30) days after written notice of such change has been delivered to Carlisle.
      (8)   The permittee shall hold harmless, indemnify, and defend Carlisle from and against any and all injuries, deaths, losses, damages, claims, suits, liabilities, judgments, costs and expenses, consequential or otherwise, including reasonable attorneys' fees, which may in any way arise out of or be connected with the granting of an Outdoor Dining Permit which may in any way result therefrom, or from any act or failure to act by the permittee, its agents or employees.
      (9)   Outdoor dining is a privilege. Carlisle shall have the right and power, acting through the Planning and Zoning Administrator to prohibit the operation of an outdoor dining area at any time because of anticipated or actual problems and conflicts in the use of the sidewalk area. Such problems and conflicts may arise from, but are not limited to, scheduled festivals and similar events or parades or marches, or repairs to the street or sidewalk, or from demonstrations or emergencies occurring in the area.
         (Ord. 8-13. Passed 5-14-13.)

1268.15 OUTDOOR DISPLAY AND STORAGE REGULATIONS.

   Outdoor display of merchandise for sale and outdoor storage of goods and materials shall comply with the following.
   (a)   The outdoor display of merchandise for sale, except motor vehicle sales establishments, shall comply with the following:
      (1)   Outdoor display of merchandise for sale shall be accessory and limited to products that are customarily associated with the operation of the principal business located on the premises and conducted by employees of such principal business. There shall be no outdoor display of merchandise for sale by any person operating or conducting a business that is different or distinct from the principal business conducted at that location except for temporary displays pursuant to Section 1274.07.
      (2)   The area of the lot devoted to outdoor display shall not exceed fifteen percent (15%) of the ground floor area of the building(s) on the lot. The Planning Commission may grant an exception to this requirement when the ground floor area is 5000 square feet or less.
      (3)   The outdoor display area shall comply with the building setback requirements set forth in Table 1268.07 for the district in which the lot is located.
      (4)   The outdoor display area shall not be located in areas intended for traffic and pedestrian circulation or parking as identified on a development plan;
      (5)   Any proposed outdoor display areas shall be approved as part of a Development Plan Review in accordance with Chapter 1290.
   (b)   The outdoor storage of goods and general materials shall be an accessory use associated with a permitted use in those zoning districts where permitted pursuant to Table 1268.03 and shall comply with the following:
      (1)   Outdoor storage of materials shall include the storage of goods, materials, or products associated with the principal use. The storage of radioactive, toxic or otherwise hazardous materials shall not be permitted.
      (2)   All outdoor storage of goods and materials shall be enclosed with a solid wall or fence, including solid gates. The wall or fence shall have a height tall enough to conceal all materials therein from the view of any observer standing at the grade level of an abutting residential district line. However, in no case shall the height of the fence or wall be less than six (6) feet. The solid wall or fence and the associated gates shall be maintained in good condition.
      (3)   All materials shall be stored in such a fashion as to be accessible to fire-fighting equipment at all times.
      (4)   Areas devoted to outdoor storage shall be located in a rear yard so that it is behind the principal building and not visible from any public street, unless the storage is located on a corner lot. The enclosed area shall be setback fifteen (15) feet from any property boundary that abuts a single-family residential district and in no case shall the side and rear setback of the enclosed area be less than ten (10) feet. On corner and through lots, the enclosed area shall be setback twenty (20) feet from any street right-of-way.
      (5)   Any proposed outdoor storage areas shall be approved as part of a Development Plan Review in accordance with Chapter 1290.
   (c)   The outdoor storage of vehicles and equipment shall be an accessory use associated with a permitted use in those zoning districts where permitted pursuant to Table 1268.03 and shall comply with the following:
      (1)   All stored vehicles or equipment shall be necessary to and customarily associated with the principal use.
      (2)   All vehicles or equipment shall be in an operable state. In no case shall inoperable vehicles be stored.
      (3)   All outdoor storage of vehicles and equipment shall be enclosed with a solid wall or fence, including solid gates. The wall or fence shall have a height tall enough to conceal all materials therein from the view of any observer standing at the grade level of an abutting residential district line. However, in no case shall the height of the fence or wall be less than six (6) feet. The solid wall or fence and the associated gates shall be maintained in good condition. No barbed or razor wire shall be permitted.
      (4)   All materials shall be stored in such a fashion as to be accessible to fire-fighting equipment at all times.
      (5)   Areas devoted to outdoor storage of vehicles and equipment shall be located in a rear yard so that it is behind the principal building and not visible from any public street, unless the outdoor storage is located on a corner lot. The enclosed area shall be setback fifteen (15) feet from any property boundary that abuts a single-family residential district and in no case shall the side and rear setback of the enclosed area be less than ten (10) feet.
      (6)   Any proposed outdoor storage of vehicles or storage shall be approved as part of a Development Plan Review in accordance with Chapter 1290.
         (Ord. 8-13. Passed 5-14-13.)

1268.17 ACCESSORY USE REGULATIONS.

   Accessory uses permitted in any Commercial District shall conform to the regulations in this Section as well as any other applicable provisions in this Zoning Code:
   (a)   Accessory Buildings. The height of the accessory building shall not exceed twenty (20) feet. Accessory buildings that have a gross floor area of 200 square feet or less shall be located in a side or rear yard and shall comply with the parking setbacks set forth in Table 1268.11. All other buildings shall be considered principal buildings and shall conform to all lot and setback regulations and development plan review and approval requirements of the zoning district in which the lot is located.
   (b)   Fences and Walls. Fences and walls may be erected in any Commercial District in compliance with the requirements set forth below.
      (1)   Location.
         A.   Fences may be built up to, but not on, the property line, and shall be located entirely on the property of the person constructing it, except property owners, with written permission from abutting property owners, may connect to fences on adjoining properties.
         B.   In order to maintain clear vision lanes for vehicles and pedestrians, no opaque fences shall be permitted within ten (10) feet, in any direction, of the following points:
            1.   At the intersection of a driveway and sidewalk (or front property line if there is no sidewalk);
            2.   At the intersection of a driveway and public right-of way;
            3.   At the intersection of any two (2) driveways.
      (2)   Materials and Construction.
         A.   Approved fencing materials include stone, brick, finished wood, iron, or synthetic look-alike products.
         B.   No fence shall be electrified or topped with barbed wire.
         C.   Only ornamental fences shall be permitted in front of a building, unless required for screening pursuant to Chapter 1280 or provided for outdoor dining pursuant to Section 1268.13.
         D.   All fences shall be designed, constructed, and finished so that the supporting members face the property of the owner of the fence.
         E.   All fences on a single parcel shall have a unified style along a single plane and for all fence segments visible from off the premises from any single direction.
      (3)   Height. No fence shall exceed eight (8) feet in height in any rear or side yard, or exceed forty-two (42) inches in height when located in front of a building, unless otherwise required by this Zoning Code.
      (4)   Screening and Landscaping.
         A.   Screening and landscaping is not required for ornamental fences.
         B.   All fences, other than ornamental fences, when visible from public streets, shall be visually softened and reasonably screened from the street with appropriate landscaping as follows:
            1.   Fences that are located within required building and parking setbacks shall be considered appropriately screened when the landscaping required in Section 1280.07 is planted within five (5) feet of the fence and between the fence and the property line.
            2.   Fences that are not located within the required setback areas shall be screened with the following landscape materials, planted not more than five (5) feet from the fence and between the fence and the property line:
               a.   One shade tree shall be provided for every thirty (30) linear feet of fence length or fraction thereof, not including gates or other fence openings. Each tree at the time of installation shall have a minimum caliper of 2.5 inches and a clear trunk height of at least six (6) feet;
               b.   One shrub, that is twenty-four (24) inches in height at planting, shall be provided for every five (5) feet fence length or fraction thereof, not including gates or other fence openings; and,
               c.   The landscaping may be flexible in its arrangement by appropriately aggregating the required plant materials.
      (5)   All fences shall be maintained in good condition, be structurally sound and attractively finished at all times.
      (6)   Any proposed fence shall be approved as part of a Development Plan Review in accordance with Chapter 1290.
   (c)   Parking. All parking lots shall comply with the screening and landscaping regulations in Chapter 1280, and the parking requirements in Chapter 1284.
   (d)   Signs. Signs shall conform to the regulations in Chapter 1286.
      (Ord. 8-13. Passed 5-14-13.)

1268.19 LANDSCAPE AND SCREENING REQUIREMENTS.

   Visual screening and landscape buffers shall be provided for all lots in nonresidential districts in accordance with the provisions set forth in Chapter 1280.
(Ord. 8-13. Passed 5-14-13.)

1268.21 PERFORMANCE STANDARDS.

   All uses shall comply with the following performance standards:
   (a)   Trash Receptacles. All solid waste products, including empty packing boxes, that result from any permitted principal, conditional, or accessory use shall either be disposed of, stored in buildings, or completely enclosed in containers. Such building, container, or dumpster shall be located in a side or rear yard and shall comply with the minimum parking setbacks set forth in Table 1268.11 and shall be screened in accordance with the provisions set forth in Chapter 1280.
   (b)   Lighting. The placement, orientation, distribution patterns and fixture types of outdoor lighting shall comply with the regulations set forth in Chapter 1282.
   (c)   Enclosure. All uses and operations, except off-street parking and loading facilities, shall be performed wholly within enclosed buildings, unless specifically permitted otherwise.
   (d)   Outdoor Vending Machines. In all commercial districts, there shall be no outdoor vending machines, such as machines that dispense bottled beverages or packaged food.
   (e)   Overhead Utility Lines. All utility lines, electric, telephone, cable, TV lines, etc., shall be placed underground.
   (f)   Emission. No land use or structure shall be used or occupied in any manner to create dangerous or objectionable noise or emissions. All uses shall comply with the regulations regarding noise in Section 1274.29.
   (g)   Stormwater Detention/Retention Facilities. Detention/retention facilities that are visible from a public street shall be integrated into a landscaped area. Such landscaped areas shall contain any combination of the following elements: shade and ornamental trees, evergreens, shrubbery, hedges, and/or other planting materials as well as ornamental fencing.
      (Ord. 8-13. Passed 5-14-13.)

1268.23 SUPPLEMENTAL REGULATIONS FOR GASOLINE STATIONS, AUTOMOTIVE SERVICE STATIONS AND VEHICLE REPAIR GARAGES.

   (a)   Storage of Vehicles. No junk or unlicensed motor vehicles shall be parked or stored on the property.
   (b)   Gasoline Stations and Automotive Service Stations.
      (1)   Fuel pumps and associated access aisles and canopies shall comply with the parking setbacks set forth in Table 1268.11.
      (2)   When located on a corner lot, a station shall have not less than 150 feet frontage on each of the two (2) intersecting streets.
         A.   The location of access drives shall be placed as far as possible from the intersection; and
         B.   Shall be limited to no more than one (1) access drive per street frontage.
      (3)   A car wash establishment may be combined with a gasoline station or automotive service station provided that the minimum lot area for the combined uses is a minimum of 50,000 square feet.
      (4)   Automotive service stations shall not provide services to vehicles that exceed one and one-half (1½) tons in capacity. All activities, except those required to be performed at a fuel pump, air dispenser or self-serve automobile vacuum, shall be conducted entirely within a building or garage. No inoperable vehicle shall be permitted to remain on the property, outside of a fully enclosed building, for more than forty-eight (48) hours.
      (5)   The only services permitted to be performed at a gasoline station shall be the dispensing of fuel, oil, air, and windshield wiper fluid.
      (6)   Except while being serviced at a pump island, no vehicle shall be parked between the pumps and the front property line.
   (c)   Automotive Service Stations and Automotive Repair Garages. No oil draining pit or visible appliance for any such purpose, other than filling caps, shall be located within ten (10) feet of any street right-of-way or within twenty-five (25) feet of any residential district, except where such appliance or pit is within a building.
(Ord. 8-13. Passed 5-14-13.)

1268.25 DEVELOPMENT PLAN REVIEW.

   All uses in a commercial district shall be permitted only after development plans have been reviewed and approved according to the procedures set forth in Chapter 1246.
(Ord. 8-13. Passed 5-14-13.)

1270.01 INTENT.

   The Manufacturing Districts include the M-1 Light Manufacturing and M-2 General Manufacturing. The regulations set forth in this Chapter are established in order to achieve, among others, the following purposes:
   (a)   To promote the most desirable and beneficial use of the land and structures in accordance with the objectives of the Carlisle Comprehensive Plan;
   (b)   To provide appropriate and convenient districts of sufficient size to carry on research, manufacturing processes, and distribution activities to serve the community, thereby promoting employment and strengthening the economy of the community;
   (c)   To improve the manufacturing environment by discouraging unrelated and incompatible uses in such areas, thereby making land more readily available for industry;
   (d)   To protect adjacent residential districts by restricting types of manufacturing uses nearby to only those which will not create objectionable influences beyond their district boundaries and will be properly buffered and screened;
   (e)   To protect manufacturing and related development against congestion by requiring setbacks and limiting the bulk and density of development in relation to adjacent buildings and available land and by requiring sufficient off-street parking and loading facilities.
   (f)   To carry out the following specific purposes:
      (1)   To provide an M-1 Light Manufacturing District for office and industrial uses in areas suitable for such development by reason of location, topography, soil conditions and the availability of adequate utilities and transportation systems. The intent is to permit office and other uses such as limited light industrial and warehouse activities that are office-like in physical appearance, service requirements, and operational characteristics; uses that can be carried on wholly within enclosed buildings and subject to those regulations necessary to reduce congestion and for the protection of adjacent residential and business activities. This district also permits accessory retail and service uses to serve as support services for the adjacent office/industrial uses. The uses allowed are those that because of their normally unobjectionable characteristics can be operated in relatively close proximity to residential districts. The M-1 District is designed to encourage the development of office/light industrial parks/subdivisions by including reduced standards for lots that are part of a development and which have access onto a new internal street.
      (2)   To provide an M-2 General Manufacturing District for industrial and other uses that by virtue of their external effects, noise, glare, fumes, smoke, dust, odors, truck and/or rail traffic, should be isolated from residential and commercial uses. These uses perform essential functions for the Municipality, including employment, and should be provided for in areas that are best suited for industrial development by reason of location, utilities and transportation systems. Uses in the M-2 Districts typically generate outdoor activities and outdoor storage in association with permitted principal uses.
         (Ord. 8-13. Passed 5-14-13.)

1270.03 USE REGULATIONS.

   (a)   Uses Permitted by Right. A use listed in Table 1270.03 shall be permitted by right as a principal use in a district when denoted by the letter "P" provided that all requirements of other municipal ordinances and this Zoning Code have been met.
   (b)   Conditional Uses. A use listed in Table 1270.03 shall be permitted as a conditional use in a district when denoted by the letter "C", provided the Planning Commission first makes the determination that the requirements of Chapter 1272 have been met according to the procedures set forth in Chapter 1246.
   (c)   Accessory Uses. A use listed in Table 1270.03 shall be permitted as an accessory use in a district when denoted by the letter "A". Such use shall be permitted as a subordinate building or use when it is clearly incidental to and located on the same lot as the principal building or use. Accessory uses are further regulated in other sections of this Zoning Code.
Table 1270.03
Permitted Uses
M-1 Office/Limited Manufacturing   
M-2 General Manufacturing
(1)   Offices/Retail/Services
   A.   Administrative/ professional offices, but not including medical and dental offices
P
--
   B.   Drive-thru facility in association with a permitted use
C
--
   C.   Financial institution/Banks
C
--
   D.   Gasoline station
C
--
   E.   Kennel with outdoor run
C
P
   F.   Restaurant, indoor or other type of eating and drinking establishment
C
--
   G.   School, commercial, business, or trade
C
--
   H.   Service establishment, business
P
--
   I.   Service establishment, personal1
C
--
   J.   Veterinary office, animal hospital
P
P
(2)   Industrial/Warehousing Uses
   A.   Light industrial processing, assembly
P
P
   B.   Manufacturing and production within enclosed building
P
P
   C.   Manufacturing using raw materials such as a saw mill, asphalt plant, concrete recycling, etc.
--
--
   D.   Metal, steel alloy fabrication
--
P
   E.   Outdoor storage of materials & general merchandise
C
C
   F.   Scientific research, development, training and testing facility
P
P
   G.   Transport and truck terminal
C
P
   H.   Warehousing
P
P
   I.   Wholesale sales & distribution, indoor
P
P
(3)   General Commercial Uses
   A.   Business equipment sales and service
P
P
   B.   Cleaning establishments - laundry, carpet, other cleaning service
--
P
   C.   Construction trade, contractor's facility
P
P
   D.   Printing and publishing
P
P
   E.   Retail establishment
P 2
--
   F.   Sale of building materials
P
P
(4)   Vehicle/Equipment Sales, Service, Storage
   A.   Outdoor storage of fleet vehicles/equipment used in operation of principal use
C
C
   B.   Vehicle repair garage
P
P
   C.   Motor vehicle body shop
P
P
(5)   Other Use Types
   A.   Crematorium
C
C
   B.   Mineral excavation, quarry operations
--
--
   C.   Public safety facility
P
P
   D.   Utility substation/distribution facility, indoor & outdoor
P
P
   E.   Public service/maintenance facility
--
P
   F.   Wireless telecommunication facility
See Chapter 1288
(6)   Accessory Uses
   A.   Day care facility, child and/or adult
A
A
   B.   Outdoor sales and display
--
A
   C.   Off-street parking and loading facilities
A
A
   D.   Signs
See Chapter 1286
   E.   Accessory medical clinics, lunchrooms, cafeterias, and recreational facilities in association with a permitted use
A
A
P = Permitted by right   
C = Conditional
A = Accessory
-- = Use not permitted in District
Notes to Table 1270.03:
1    This use shall be permitted by-right when part of a multi-establishment building, and it is not the principal use of a building. If the use is proposed to be the principal use in any building (i.e. occupying the majority of gross floor area), then the use is a conditional use.
2    This use shall be permitted by-right only when part of a multi-establishment building and when it is not the principal use of a building (i.e. occupying the majority of gross floor area). Otherwise, it is a prohibited use.
 
(Ord. 8-13. Passed 5-14-13.)

1270.05 LOT REQUIREMENTS.

   All lots in the Manufacturing Districts shall comply with the minimum requirements set forth in Table 1270.05.
(a)   Table 1270.05 Minimum Lot Requirements.
Table 1270.05
MINIMUM LOT REQUIREMENTS
M-1 Office/
Limited Manufac- turing
 
M-2 General Manufac- turing
 
M-3 Urban Manufac- turing
M-4 Open Space/ Heavy Manufac- turing
(1)   Lot requirements for lots fronting on existing streets
   A.   Minimum lot size
1 acre
2 acres   
1 acre
5 acres
   B.   Minimum lot width at building line
125 feet
200 feet
200 feet
300 feet
(2)   Lot requirements for lots fronting on new streets in industrial subdivision
   A.   Minimum project size
5 acres
10 acres
NA
NA
   B.   Minimum lot size
30,000
sq. ft.
1 acre
NA
NA
   C.   Minimum lot width at building line
100 feet
125 feet
NA
NA
(3)   Maximum building surface coverage
40%
50%
70%
50%
NA = Not applicable
 
(Ord. 8-13. Passed 5-14-13.)

1270.07 BUILDING SETBACK REQUIREMENTS.

   Every permitted use of land and structures shall be located on a lot in a manner that maintains the minimum building setbacks set forth in this Section for the district in which the lot is located, measured from the appropriate lot line. Each resulting setback shall remain unobstructed by structures except as otherwise specifically permitted in this Code.
   (a)   Setback from Street Rights-of-Way. Each lot shall maintain the minimum building setback measured from the street right-of-way. Corner lots shall comply with the setback for each lot line adjacent to a street right-of-way.
   (b)   Table 1270.07: Minimum Building Setbacks.
Table 1270.07
MINIMUM BUILDING SETBACKS
M-1 Office/
Limited Manufac- turing
 
M-2 General Manufac- turing
 
M-3 Urban Manufac- turing
M-4 Open Space/ Heavy Manufac- turing
(1)   Minimum building setback for lots fronting on existing streets
   A.   Minimum Setback from Street ROW
40 feet
40 feet
10 feet1
100 feet
   B.   Setback from side and rear lot line abutting nonresidential zoning district
30 feet
30 feet
15 feet
50 feet
   C.   Setback from side and rear lot line abutting residential zoning district   
50 feet
75 feet
25 feet
200 feet
(2)   Minimum building setback for lots fronting on new streets in industrial subdivision
   A.   Front setback
30 feet
30 feet
NA
NA
   B.   Side and Rear setbacks
      1.   Adjacent to non- residential zoning district
20 feet
20 feet
NA
NA
      2.   Adjacent to residential zoning district
50 feet
75 feet
NA
NA
Notes to Table 1270.07:
1 The maximum setback shall be 30 feet
NA = Not applicable
 
(Ord. 8-13. Passed 5-14-13.)
 

1270.09 HEIGHT REGULATIONS.

   Buildings and structures shall comply with the following height regulations based on the district in which the lot is located.
   (a)   In the M-1 Office/Limited Manufacturing District, buildings and structures shall not exceed a height of forty (45) feet.
   (b)   In the M-2 General Manufacturing, M-3 Urban Manufacturing, and M-4 Open Space/Heavy Manufacturing Districts, buildings and structures shall not exceed a height of sixty (60) feet.
      (Ord. 8-13. Passed 5-14-13.)

1270.11 OFF-STREET PARKING AND LOADING REGULATIONS.

   Off-street parking areas shall conform to the regulations of Chapter 1284 and to the parking requirements specified in Table 1270.11 below.
   (a)   Table 1270.11 Minimum Parking Setbacks. Off-street parking shall be located in compliance with the minimum setbacks, measured from the street right-of-way or property line, as specified below unless otherwise noted.
 
Table 1270.11
MINIMUM PARKING SETBACKS
M-1 Office/
Limited Manufac- turing
M-2 General Manufac- turing
M-3 Urban Manufac- turing
M-4 Open Space/ Heavy Manufac- turing
(1)   Minimum Setback from Street ROW
Behind front building line1
25 feet1
10 feet
40 feet
(2)   Setback from side and rear lot line abutting nonresidential district
10 feet
10 feet
8 feet
20 feet
(3)   Setback from side and rear lot line abutting residential district
50 feet
50 feet
25 feet
100 feet
Notes to Table 1270.11:
1    Except when lot is part of a new industrial subdivision and fronts on a new interior street, then the minimum setback shall be 20 feet.
   
   (b)   The area within the parking setback shall be landscaped in accordance with Chapter 1280, Landscaping and Land Use Buffers.
   (c)   In M-1, M-2 and M-3 Districts, loading and service areas shall be located in the rear or side yard, shall comply with the parking setbacks set forth in Table 1270.11 and shall be screened in accordance with the provisions set forth in Chapter 1280, Landscaping and Land Use Buffers.
      (Ord. 8-13. Passed 5-14-13.)

1270.13 OUTDOOR ACTIVITIES.

   Outdoor activities, when permitted according to Table 1270.03, shall be permitted only when associated with the principal use provided such outdoor activity complies with the following:
   (a)   Regulation Of Type Of Storage.
      (1)   No storage of radioactive, toxic or otherwise hazardous materials shall be permitted.
      (2)   The bulk storage of sand, gravel, salt and other similar materials shall be permitted only when such material is effectively prevented from spreading,
   (b)   Location.
      (1)   Areas devoted to outdoor operations and outdoor storage of goods, materials or products shall be located in a side or rear yard only and shall be located a minimum of twenty (20) feet from any side or rear lot line that abuts a lot in a nonresidential district and 150 feet from any side or rear lot line that abuts a lot in a residential district.
      (2)   The outdoor storage of fleet vehicles/equipment associated with the operation of the principal use shall be located in a side or rear yard in compliance with the parking setbacks set forth in Table 1270.11 for the district in which the lot is located.
      (3)   All outdoor activity areas shall be depicted on a development plan and shall not occupy or interfere with traffic circulation, required parking areas or pedestrian access.
      (4)   All materials shall be stored in such a manner as to be accessible to fire fighting equipment at all times.
   (c)   Signs. No signs shall be permitted in conjunction with outdoor activity areas except those otherwise in compliance with the sign regulations in Chapter 1286.
   (d)   Surfacing. Areas devoted to outdoor storage shall be paved with asphalt or concrete and be maintained free of dust.
   (e)   Screening. All outdoor activity areas shall be enclosed with a wall or fence, including gates and shall be screened according to the requirements set forth in Chapter 1280 and Section 1270.15(c) below, Fence and Walls.
      (Ord. 8-13. Passed 5-14-13.)

1270.15 ACCESSORY USE REGULATIONS.

   Accessory uses permitted in any Manufacturing District shall conform to the regulations of this Section and any other applicable regulation in this Planning and Zoning Code.
   (a)   Accessory Buildings. Accessory buildings that have a gross floor area of 200 square feet or less shall be located in a side or rear yard and shall comply with the parking setbacks set forth in Table 1270.11. All other buildings shall be considered principal buildings and shall conform to all lot and setback regulations and development plan review and approval requirements of the zoning district in which the parcel or lot is located.
   (b)   Outdoor Display. Outdoor display, when permitted as an accessory use according to Table 1270.03 shall comply with the following:
      (1)   Outdoor display of retail items, when permitted, shall be considered an accessory use and shall not exceed an area equal to twenty-five percent (25%) of the ground floor area of the principal building.
      (2)   Outdoor display areas shall comply with the setback regulations set forth in Section 1270.07 and be contiguous to the principal building; however, such areas shall be spaced a sufficient distance from the building, as dictated by the Fire Chief, to satisfy all fire safety requirements.
      (3)   Outdoor display areas shall be depicted on the development plan and shall not occupy or interfere with traffic circulation, required parking areas, sidewalks or pedestrian access.
   (c)   Fences and Walls. Fences and walls may be erected in any Industrial District in compliance with the requirements set forth below:
      (1)   Location.
         A.   Fences may be built up to, but not on, the property line, and shall be located entirely on the property of the person constructing it, except property owners, with written permission from abutting property owners, may connect to fences on adjoining properties.
         B.   In order to maintain clear vision lanes for vehicles and pedestrians, no opaque fences shall be permitted within ten (10) feet, in any direction, of the following points:
            1.   At the intersection of a driveway and sidewalk (or front property line if there is no sidewalk);
            2.   At the intersection of a driveway and public right-of way;
            3.   At the intersection of any two (2) driveways.
         C.   All fences shall comply with Section 1274.31, Visibility at Intersections.
      (2)   Materials and Construction.
         A.   Approved fencing materials include stone, brick, finished wood, iron, or synthetic look-alike products.
         B.   No fence shall be electrified or topped with barbed or razor wire.
         C.   Only ornamental fences shall be permitted in front of a building, unless required for screening pursuant to Chapter 1280, Landscaping and Buffers.
         D.   All fences shall be designed, constructed, and finished so that the supporting members face the property of the owner of the fence.
         E.   All fences on a single parcel shall have a unified style along a single plane and for all fence segments visible from off the premises from any single direction.
      (3)   Height. No fence shall exceed eight (8) feet in height in any rear or side yard, or exceed forty-two (42) inches in height when located in front of a building, unless otherwise required by this Zoning Code.
      (4)   Screening and Landscaping.
         A.   Screening and landscaping is not required for ornamental fences.
         B.   All fences, other than ornamental fences, when visible from public streets, shall be visually softened and reasonably screened from the street with appropriate landscaping as follows:
            1.   Fences that are located within required building and parking setbacks shall be considered appropriately screened when the landscaping required in Section 1280.07, Landscaping along the Street Frontage, is planted within five (5) feet of the fence and between the fence and the property line.
            2.   Fences that are not located within the required setback areas shall be screened with the following landscape materials, planted not more than five (5) feet from the fence and between the fence and the property line:
               a.   One shade tree shall be provided for every thirty (30) linear feet of fence length or fraction thereof, not including gates or other fence openings. Each tree at the time of installation shall have a minimum caliper of 2.5 includes and a clear trunk height of at least six (6) feet;
               b.   One shrub, that is twenty-four (24) inches in height at planting, shall be provided for every five (5) feet fence length or fraction thereof, not including gates or other fence openings; and,
               c.   The landscaping may be flexible in its arrangement by appropriately aggregating the required plant materials.
      (5)   All fences shall be maintained in good condition, be structurally sound and attractively finished at all times.
      (6)   Any proposed fence shall be approved as part of a Development Plan Review in accordance with Chapter 1290.
   (d)   Waste Receptacles. Solid waste, including empty packing crates and other excess materials, shall be disposed of, stored in buildings, or completely enclosed in containers or dumpsters, and shall not be permitted to accumulate on the lot. Containers and dumpsters shall be located in a side or rear yard on a paved surface in compliance with the minimum parking setbacks established in Table 1270.11 and the screening requirements set forth in Chapter 1280, Landscaping and Buffers.
   (e)   Signs. Signs shall conform to the regulations specified in Chapter 1286.
      (Ord. 8-13. Passed 5-14-13.)

1270.17 PERFORMANCE STANDARDS.

   All uses in Industrial Districts shall comply with the following performance standards:
   (a)   Compliance with State and Federal Regulations. All uses shall comply with all applicable state and federal Environmental Protection Agency, OSHA and all other state and federal regulations that pertain to the operation of industrial uses.
   (b)   Storage Handling. All storage areas shall comply with the regulations set forth in Bulletin No. 30-L of the National Fire Protective Association and other fire protective codes of the Municipality of Carlisle. All parts shall be accessible to firefighting equipment.
   (c)   Liquid Waste. Liquid wastes shall be disposed of in appropriate containers and removed from the site on a regular basis. Liquid waste or sewerage shall not be discharged into a reservoir, stream or other open body of water or into a storm or sanitary sewer until treated so that the insoluble substances, such as oils grease, acids, alkalines and other chemicals in the waste do not exceed the amount allowed by other codes of the Municipality of Carlisle.
   (d)   Fire Hazards. Any processing that involves explosive materials shall be permitted only in the M-4 District and only as a conditional use. Such use shall only be permitted when in compliance with the requirements set forth in Sections 1272.03 and 1272.05, which shall be in addition to the requirements set forth below. All activities that involve the use of flammable or explosive material shall comply with the following:
      (1)   Any activity involving the use of flammable or explosive material shall be protected by adequate fire-fighting and fire-suppression equipment and by such safety devices as are normally used in the handling of any such material.
      (2)   Such activities shall only be permitted in structures having incombustible exterior walls.
      (3)   The applicable provisions of the Ohio Revised Code shall be complied with, and no explosives shall be stored, used or manufactured without first submitting to the Building Inspector a certificate of compliance from the State Fire Marshal or the Fire Chief.
      (4)   No gasoline or other inflammable or explosive material shall be stored unless the location, plans and construction of the storage facility conform to the laws and regulations of the State and have the approval of the State Fire Marshal.
   (e)   Radioactive or Electrical Disturbances.
      (1)   No activity shall emit dangerous radioactivity at any point or electrical discharges affecting the operation, at any point, of any equipment other than that of the creator of such disturbances.
      (2)   Such disturbances shall be confined to the use and lot from which they originate and shall not occur across any lot line.
      (3)   The handling of radioactive materials, the discharge of such materials into the air and water, and the disposal of radioactive wastes shall be in conformity with the applicable regulations of the Nuclear Regulatory Commission and the Ohio Environmental Protection Agency.
   (f)   Noise. All uses shall comply with the following noise standards.
      (1)   Measurement.
         A.   A sound-level meter shall be used to measure sound pressure level.
         B.   Noise levels shall be measured at the lot line.
      (2)   No use shall emit noise which exceeds the decibel limits set forth below:
Octave Band Center Frequency, Hz
Decibels
31.5
96
63
82
125
77
250
73
500
67
1000
61
2000
57
4000
55
8000
53
 
   (g)   Air Pollution.
      (1)   The emission of smoke, soot, fly ash, fumes and dust shall be controlled by precipitation devices, height of stack, rate of emission or other manner so that the quantity deposited in any District shall not be detrimental to or endanger the public safety, comfort, welfare or adversely affect property values.
      (2)   Dust and other types of air pollution borne by the wind from sources such as parking areas, storage areas or yards shall be kept to a minimum by appropriate landscaping, paving, oiling and other acceptable treatment.
   (h)   Odorous Matter.
      (1)   The emission of odorous matter in such quantities as to produce a public nuisance or hazard outside the building is prohibited in a M-1 or M-3 District.
      (2)   The emission of odorous matter in such quantities as to produce a public nuisance or hazard shall not be detectable beyond the lot line in the M-2 and M-4 Districts.
   (i)   Vibration.
      (1)   In the M-1 and M-3 Districts, vibrations that are perceptible without the aid of instruments shall not permitted beyond the lot occupied by the use generating such vibration.
      (2)   In the M-2 and M-4 Districts, all activities shall be set back from and controlled in such a manner as to prevent transmission of vibrations that are perceptible without the aid of instruments beyond the district boundary.
   (j)   Noxious, Toxic or Corrosive Fumes. Noxious, toxic or corrosive fumes or gasses shall not be emitted which shall be injurious to the property, vegetation or health of people residing or doing business in any adjacent Residential or Commercial District.
   (k)   Heat and Glare.
      (1)   In an M-1 or M-3 District, no use shall generate heat or glare which is perceptible without the aid of instruments at any point beyond the lot occupied by the use.
      (2)   In an M-2 or M-4 District, no use shall generate heat or glare which is perceptible without the aid of instruments at any point beyond the district boundary.
   (l)   Erosion. No erosion, by either wind or water, which will carry objectionable substances onto neighboring properties shall be permitted.
   (m)   Water Pollution. Pollution of water is subject to the requirements and regulations established by the Ohio Environmental Protection Agency.
   (n)   Enforcement. Where determinations can be made by the Zoning Administrator or other authorized Municipal employee, using equipment normally available or obtainable without extraordinary expense, such determinations or evaluation shall be made whenever possible before a notice of violation is issued. Where technical complexity or extraordinary personnel or equipment is required to make the determination, the Zoning Administrator may, in the case of the offenses under this Section, require the owner to either obtain and pay for an independent survey or share in the cost of an independent survey from a professional engineer experienced in the particular specialty.
   (o)   Stormwater Detention/Retention Facilities. Detention/retention facilities that are visible from a public street shall be integrated into a landscaped area. Such landscaped areas shall contain any combination of the following elements: shade and ornamental trees, evergreens, shrubbery, hedges, and/or other planting materials as well as ornamental fencing.
      (Ord. 8-13. Passed 5-14-13.)   

1270.19 DEVELOPMENT PLAN REVIEW.

   All uses in a manufacturing district shall be permitted only after development plans have been reviewed and approved according to the procedures set forth in Chapter 1290, Development Plan Review.
(Ord. 8-13. Passed 5-14-13.)

1272.01 PURPOSE.

   Conditional uses are a classification of uses that are determined to generally be compatible in the district in which they are listed as a conditional use. However, this category of uses is so classified because of the need to adequately monitor the proposed use in order to ensure that the use and its operational aspects are truly appropriate in the specific location in which the use is proposed. Monitoring these uses is necessary because the external impacts of a particular use are either sufficiently varied or indeterminable in advance and therefore may vary from site to site; making it possible that - without the Planning Commission's review - a particular use could be inappropriate in a certain location within the district.
   These regulations are intended to ensure that conditional uses are reviewed in a reasonable and equitable manner, while safeguarding the property rights of all individuals and the health, safety, and general welfare of the community. Because of this, this Zoning Code must provide more detailed evaluation of each use listed as a conditional use in a specific district with respect to such considerations as location, design, size, method(s) of operation, intensity of use, requirements for public facilities and traffic generation. In considering a proposed conditional use, the Planning Commission may assign reasonable requirements to ensure that the proposed development is appropriate in the location in which it is proposed. Accordingly, conditional use permits shall conform to the procedures and requirements of Chapter 1246.
(Ord. 8-13. Passed 5-14-13.)

1272.03 GENERAL CRITERIA FOR ALL CONDITIONAL USES.

   A conditional use, and uses accessory to such conditional use, shall be permitted in a district only when specified as a conditional use in such district and only if such use conforms to the following general criteria, which are in addition to specific conditions, standards and regulations set forth in Sections 1272.05 through 1272.11. The Planning Commission shall review the particular facts and circumstances of each proposed use in terms of the following criteria and shall find adequate evidence that the use as proposed:
   (a)   Will be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity, and that such use will not essentially change the character of the same area.
   (b)   Will not be detrimental to property values in the immediate vicinity.
   (c)   Will not restrict or adversely affect the existing use of the adjacent property owners.
   (d)   Will be designed and constructed so that all access drives, access points to public streets, driveways, parking and service areas shall be in compliance with the regulations set forth in Chapter 1284.
   (e)   Will meet the requirements of EPA for stormwater runoff, when applicable.
   (f)   Will be properly landscaped in accordance with Chapter 1280.
   (g)   The establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety or general welfare.
   (h)   The hours of operation of the proposed use are similar to a use permitted in the district.
   (i)   The establishment of the conditional use in the proposed location will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.
   (j)   Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided.
   (k)   Adequate measures have been or will be taken to provide ingress and egress designed to minimize traffic congestion on the surrounding public streets.
   (l)   The establishment of the conditional use should not be detrimental to the economic welfare of the community by creating excessive additional requirements at public cost for public facilities such as police, fire and schools.
(m)   There is minimal potential for future hardship on the conditional use that could result from the proposed use being surrounded by uses permitted by right that may be incompatible.
      (Ord. 8-13. Passed 5-14-13.)

1272.05 SPECIFIC STANDARDS FOR CONDITIONAL USES.

   In addition to the general criteria established in Section 1272.03, the following specific conditions pertaining to each use or group of uses shall apply.
   (a)   Supplementary Conditions and Safeguards. Nothing in these regulations shall prohibit the Planning Commission from prescribing supplementary conditions and safeguards in addition to these requirements in order to ensure compliance with the criteria set forth in Section 1272.03.
   (b)   Conformance with District Regulations. A conditional use shall conform to the regulations of the district in which it is located and to other substantive requirements of this Zoning Code, as well as satisfy the conditions, standards and requirements of this Chapter. Whenever there is a difference between the provisions of the conditional use regulations and the district regulations, the most restrictive provision shall prevail, unless clearly indicated differently in the regulations.
    (c)   Specific Development Standards.
      (1)   The Planning Commission may limit the hours of operation to ensure that the conditional use is compatible with the surrounding uses.
      (2)   No lighting shall constitute a nuisance and in no way shall impair safe movement of traffic on any street or highway. All outside lighting shall comply with the requirements specified in Chapter 1282.
      (3)   Floodlights, loudspeakers or similar structures shall not be erected or used in any manner that will cause hazards or annoyance to the public generally or to the occupants of adjacent property.
      (4)   All trash receptacles shall be adequately screened in compliance with the regulations set forth in Chapter 1280.
      (5)   Grading and surface drainage provisions shall be prepared by a registered engineer and reviewed or approved by the Carlisle Engineer.
         (Ord. 8-13. Passed 5-14-13.)

1272.07 SCHEDULE OF MINIMUM LOT AND YARD DIMENSIONS FOR CONDITIONAL USES IN RESIDENTIAL DISTRICTS.

    Schedule 1272.07 sets forth regulations governing minimum lot area, minimum lot width and minimum yard requirements for principal and accessory buildings and parking areas for conditional uses in residential districts. Supplemental requirements pertaining to such uses are set forth in Section 1272.13, and the specific subsections are referenced in Schedule 1272.07, below.
Schedule 1272.07
Minimum Area, Width and Yard Regulations for
Conditional Uses in Residential Districts
Conditional Use:
Minimum Lot Regulations
Minimum Building Setbacks
Minimum Parking Setbacks
 
Also See Section:
Area
Width
Front
Side - Rear
Front
Side - Rear
(a)   Bed and breakfast in association with a permitted dwelling
(1)
(1)
(1)
(1)
(2)
(1)
(b)   Family home for handicapped persons
(1)
(1)
(1)
(1)
(2)
(1)
(c)   Group home for handicapped persons
(1)
(1)
(1)
(1)
(2)
(1)
(d)   Cemeteries
10 acres
150 ft.
100 ft.
100 ft.
50 ft.
15 ft.
(e)   Off-street parking as principal use of lot
(1)
(1)
NA
NA
(1)
15 ft.
(f)   Place of worship
1 acre
150 ft.
50 ft.
40 ft.
50 ft.
15 ft.
(g)   Public park and/or playground
None
None
(1)
15 ft.
(2)
15 ft.
(h)   Government buildings
1 acre
150 ft.
40 ft.
40 ft.
50 ft.
15 ft.   
--
(i)   School, public or private
1 acre
150 ft.
40 ft.
40 ft.
50 ft.
15 ft.
(j)   Clubs, lodges and assembly halls
1 acre
150 ft.
40 ft.
40 ft.
50 ft.
15 ft.
Notes to Schedule 1272.07:
(1)   Shall comply with district regulations.
(2)   Parking spaces for more than 2 vehicles shall comply with the building setback requirement.
NA   Not applicable.
 
(Ord. 8-13. Passed 5-14-13.)

1272.09 SCHEDULE OF MINIMUM LOT AND YARD DIMENSIONS FOR CONDITIONAL USES IN COMMERCIAL DISTRICTS.

   Schedule 1272.09 sets forth regulations governing minimum lot area, minimum lot width and minimum yard requirements for principal and accessory buildings and parking areas for conditional uses in commercial districts. Supplemental requirements pertaining to such uses are set forth in Section 1272.13, and the specific subsections are referenced in Schedule 1272.09, below.
Schedule 1272.09
Area, Width and Yard Regulations for Conditional Uses in Commercial Districts 
Conditional Use:
Minimum Lot Regulations
Minimum Building Setbacks
Minimum Parking Setbacks
Also See Section:
Area
Width
Front
Side - Rear (1)
Front
Side - Rear (1)
(a)   Bank
(2)
(2)
(2)
(2)
(2)
(2)
--
(b)   Business or trade school
(2)
(2)
(2)
(2)
(2)
(2)
--
(c)   Club, lodge or assembly hall
(2)
(2)
(2)
(2)
(2)
(2)
(d)   Drive-through facility in association with a permitted use
(2)
(2)
(2)
(2)
(2)
(2)
(e)   Funeral home
(2)
(2)
(2)
(2)
(2)
(2)
--
(f)   Hospital
5 acre
300 ft.
50 ft.
40 ft.
(2)
(2)
(g)   Motel, hotel
(2)
(2)
(2)
(2)
(2)
(2)
--
(h)   Outdoor commercial recreation
(2)
(2)
(2)
(2)
(2)
(2)
(i)   Outdoor dining
(2)
(2)
(2)
(2)
(2)
(2)
(j)   Outdoor display of merchandise for sale
(2)
(2)
(2)
(2)
(2)
(2)
(k)   Place of worship
(2)
(2)
(2)
(2)
(2)
(2)
(l)   Residential care facility
(2)
(2)
(2)
(2)
(2)
(2)
(m)   Residential unit accessory to a commercial use
(2)
(2)
(2)
(2)
(2)
(2)
(n)   School, public or private
(2)
(2)
(2)
(2)
(2)
(2)
(o)   Government buildings
1 acre
150 ft.
40 ft.
40 ft.
50 ft.
15 ft.
--
(p)   Veterinary hospitals with associated cages, runs and kennels
(2)
(2)
(2)
(2)
(2)
(2)
Notes to Schedule 1272.09
(1)   Regulations apply to all side and rear setbacks unless a greater setback is specified in the district regulations for lots adjacent to residential districts.
(2)   Shall comply with district regulations.
NA    Not applicable
 
(Ord. 8-13. Passed 5-14-13.)

1272.11 SCHEDULE OF MINIMUM LOT AND YARD DIMENSIONS FOR CONDITIONAL USES IN INDUSTRIAL DISTRICTS.

    Schedule 1272.11 sets forth regulations governing minimum lot area, minimum lot width and minimum yard requirements for principal and accessory buildings and parking areas for conditional uses in a commercial or industrial district. Supplemental requirements pertaining to such uses are set forth in Section 1272.13, and the specific subsections are referenced in Schedule 1272.11, below.
Schedule 1272.11
Area, Width and Yard Regulations for Conditional Uses in Industrial Districts
Conditional Use:
Minimum Lot Regulations
Minimum Building Setbacks
Minimum Parking Setbacks
Also See Section:
Area
Width
Front
Side - Rear (1)
Front
Side - Rear (1)
(a)   Adult use
(2)
(2)
(2)
(2)
(2)
(2)
(b)   Business or trade school
(2)
(2)
(2)
(2)
(2)
(2)
--
(c)   Club, lodge or assembly hall
(2)
(2)
(2)
(2)
(2)
(2)
(d)   Crematory
(2)
(2)
(2)
(2)
(2)
(2)
--
(e)   Hospital
5 acre
300 ft.
50 ft.
40 ft.
(2)
(2)
(f)   Manufacture of products from raw materials
5 acre
300 ft.
100 ft.
100 ft.
(2)
(2)
(g)   Mini/self storage facility
(2)
(2)
(2)
(2)
(2)
(2)
(h)   Outdoor commercial recreation   
(2)
(2)
(2)
(2)
(2)
(2)
(i)   Outdoor display of merchandise for sale
(2)
(2)
(2)
(2)
(2)
(2)
(j)   Studio for instruction
(2)
(2)
(2)
(2)
(2)
(2)
(k)   Truck transfer terminal, motor freight garage
5 acre
300 ft.
100 ft.
100 ft.
(2)
(2)
(l)   Veterinary hospitals with associated cages, runs and kennels
(2)
(2)
(2)
(2)
(2)
(2)
(m)   Wireless telecommunications facility
See Chapter 1288
Notes to Schedule 1272.11
(1)   Regulations apply to all side and rear setbacks unless a greater setback is specified in the district regulations for lots adjacent to residential districts.
(2)   Shall comply with district regulations.
NA    Not applicable
 
(Ord. 8-13. Passed 5-14-13.)

1272.13 SUPPLEMENTAL REGULATIONS FOR CERTAIN CONDITIONAL USES.

   The following are specific conditions, standards and regulations for certain conditional uses and are in addition to the criteria and standards set forth in Sections 1272.03 through 1272.11.
   (a)   Adult Uses. Carlisle has determined that permitting adult uses, as defined in this Section, in proximity to residential, institutional, and non-adult oriented retail uses would have a detrimental effect on such adjacent uses. It has been demonstrated that adult uses, as defined in this Section, have been known to cause undesirable secondary effects on residential and institutional uses, particularly those where children are present, as well as adjacent non-adult use oriented retail uses. Therefore, in order to prevent potential deterioration in Carlisle's retail areas; and to avoid potential adverse impacts on residential and institutional uses particularly those where children are present, and thereby protecting the public health, safety and welfare, adult uses, as defined in this Section, shall be conditionally permitted only in the M-1 and M-2 Industrial Districts subject to the following requirements.
      (1)   For purposes of this Zoning Code, adult uses shall include but not be limited to any of the following:
         A.   Adult Media Shop. An establishment that rents and/or sells media and that meets any of the following three (3) tests:
            1.   More than thirty-three percent (33%) of the gross public floor area is devoted to adult media.
            2.   More than thirty-three percent (33%) of the stock-in-trade consists of adult media.
            3.   It advertises or holds itself out in any forum as "XXX", "adult", "sex" or otherwise is a sexually oriented business.
         B.   Adult Motion Picture Theater. An enclosed motion picture theater which regularly uses or utilizes five percent (5%) or more of its total viewing time, for presenting material distinguished or characterized by an emphasis on matter depicting, describing or related to adult material as defined in this Section.
         C.   Adult Only Live Entertainment Business. An establishment where the patron directly or indirectly is charged a fee, and where the establishment features:
            1.   Entertainment or services that constitute adult entertainment or services as defined in this Section; or
            2.   Exhibitions, dance routines, or gyrational choreography of persons totally nude, topless, bottomless, or strippers, male or female impersonators or similar entertainment or services that constitute adult entertainment or services as defined in this Section.
         D.   Sex Shop. An establishment offering goods for sale or rent and that meets any of the following tests:
            1.   The establishment offers for sale items from any two (2) of the following categories: (a) adult media; (b) lingerie, or (c) leather goods marketed or presented in a context to suggest their use for sadomasochistic practices; and the combination of such items constitutes more than ten percent (10%) of its stock in trade or occupies more than ten percent (10%) of its floor area.
            2.   More than five percent (5%) of its stock-in-trade consists of sexually oriented toys or novelties.
            3.   More than five percent (5%) of the total area of the building that is accessible to the public is devoted to the display of sexually oriented toys or novelties.
         E.   Sexually Oriented Business. An inclusive term used to describe collectively: adult only live entertainment business; adult motion picture theater; video arcade; bath house; and/or sex shop.
      (2)   To further determine whether the above facilities are adult uses, the following definitions shall apply.
         A.   Adult Media, Adult Entertainment and Adult Service. Any media, entertainment or service capable of creating sexual interest through sight, sound or touch, and;
            1.   Which media, entertainment or service is distinguished or characterized by an emphasis on matter displaying, describing, or representing sexual activity, masturbation, sexual excitement, nudity, bestiality, or human bodily functions of elimination; or
            2.   Which entertainment or service is distinguished or characterized by an emphasis on sexual activity, masturbation, sexual excitement, nudity, bestiality, or human bodily functions of elimination.
         B.   Bottomless. Less than full opaque covering of male or female genitals, pubic area or buttocks.
         C.   Nude or Nudity. The showing, representation, or depiction of human male or female genitals, pubic area, or buttocks with less than full, opaque covering of any portion thereof, or female breast(s) with less than a full, opaque covering of any portion thereof below the top of the nipple, or of covered male genitals in a discernibly turgid state.
         D.   Public Display. The act of exposing, placing, posting, exhibiting, or in any fashion displaying in any location, whether public or private, an item in such a manner that it may be readily seen and its content or character distinguished by normal unaided vision viewing it from a street, highway, or public sidewalk, or from the property of others, or from any portion of the premises where items and material other than adult media are on display to the public.
         E.   Sadomasochistic Practices. Flagellation or torture by or upon a person clothed or naked, or the condition of being fettered, bound, or otherwise physically restrained on the part of another.
         F.   Sexual Activity. Sexual conduct or sexual contact, or both.
         G.   Sexual Contact. Any touching of an erogenous zone of another, including without limitation the thigh, genitals, buttock, pubic region, or, if the person is female, a breast, for the purpose of sexually arousing or gratifying either person.
         H.   Sexual Excitement. The condition of the human male or female genitals, when in a state of sexual stimulation or arousal.
         I.   Sexually Oriented Toys or Novelties. Instruments, devices, or paraphernalia either designed as representatives of human genital organs or female breasts, or designed or marketed primarily for use to stimulate human genital organs.
         J.   Topless. The showing of a female breast with less than a full opaque covering of any portion thereof below the top of the nipple.
      (3)   Adult uses shall be located in accordance with the following distance requirements:
         A.   A minimum of 1,000 feet from the boundaries of any lot containing a church, library, public park or playground, day care center, school or any other institution where children are kept day or night;
         B.   A minimum of 1,000 feet from any residentially zoned parcel in Carlisle or any adjacent community; and
         C.   A minimum of 1,500 feet from any other adult use.
   (b)   Bed and Breakfast in association with a Permitted Dwelling shall comply with the following:
      (1)   The bed and breakfast facility shall be located on a parcel abutting, or adjacent to an arterial or collector street.
      (2)   Meals shall be provided only to guests taking lodging in the facility.
      (3)   Guestrooms shall not contain cooking facilities. A common lounge area may be provided for guests.
      (4)   The building shall be compatible with surrounding land use and shall not exceed three (3) guestrooms.
      (5)   Off-street parking shall comply with Chapter 1284.
      (6)   A development plan in compliance with Chapter 1290.
   (c)   Cemeteries shall comply with the following:
      (1)   Except for office uses incidental to cemetery operation, no business or commercial uses of any kind shall be permitted on the cemetery site.
      (2)   Interior drives having a minimum width of twenty-four (24) feet shall be installed as development progresses and as indicated in the final plans by the Planning Commission.
      (3)   Sufficient pull-off areas for vehicles shall be provided throughout the cemetery so as not to hinder traffic flow.
      (4)   No gravesite, mausoleum or crematory shall be located within 100 feet of a public street right-of-way or residential property line.
      (5)   All maintenance equipment and materials shall be stored in a completely enclosed building.
      (6)   A development plan in compliance with Chapter 1290.
   (d)   Clubs, Lodges or Assembly Halls, Civic Facilities for Public Assembly shall comply with the following:
      (1)   All activities, programs and other events shall be directly related to the conditional use permit so granted, and shall be adequately and properly supervised so as to prevent any hazard and to assure against any disturbance or nuisance to surrounding properties, residents or to the community in general.
      (2)   Outdoor activities shall be approved by the Planning Commission.
   (e)   Drive-Through Facilities shall comply with the following:
      (1)   Such facilities shall be located in an area least disruptive to pedestrian or vehicular traffic.
      (2)   Any proposed loudspeaker system shall be approved as part of the development plan.
      (3)   Drive-thru lanes shall provide at least ten (10) stacking spaces and shall not interfere with the normal flow of traffic on the site.
   (f)   Family Home for Handicapped Persons shall comply with the following:
      (1)   The persons residing in such residential home shall live as a single housekeeping unit in a single dwelling unit and maintain said home as their sole, bona fide, permanent residence. The term "permanent residence" means:
         A.   The resident intends to live at the dwelling on a continuing basis; and,
         B.   The resident does not live at the dwelling in order to receive counseling, treatment, therapy or medical care.
      (2)   Prior to a handicapped person commencing residence in the home, either the applicant or the placement agency shall certify that the resident is handicapped as defined in 42 U.S.C. §3602(h) and that the resident can function adequately in a community residential setting. The applicant or the placement agency shall have a continuing duty to provide such certification to the Planning Commission for each handicapped person who resides in the home after a conditional use permit is granted.
      (3)   The applicant shall demonstrate that adequate qualified supervision will exist in the home on a twenty-four (24) hour per day basis.
      (4)   In order to maintain the single-family residential character of the area in which the family home is located, the applicant is required and shall agree that upon termination of this conditional use for any reason the applicant shall restore the premises to a condition in which it is marketable as a single-family dwelling, unless ownership and/or possession of the premises is transferred to a person(s) who has obtained a similar conditional use permit for the premises.
      (5)   Signs or other means of identification as a family home for handicapped persons shall not be permitted.
      (6)   The applicant shall comply with the applicable parking regulations of the Zoning Code for the type of residential structure used by the residential home and shall make adequate provision for on-site parking of vehicles used by visitors and the home supervisors.
      (7)   In considering whether to grant the conditional use permit, Planning Commission shall take into consideration the proximity and location of other such homes for handicapped persons within the neighborhood so as not to change the character of the area, create undue congestion in the public ways, or otherwise adversely impact upon a given area with such use, but in no event shall a family home be closer than 600 feet from where another family home or group home for handicapped persons is located.
      (8)   Evidence shall be presented that the proposed facility meets the certification, licensing or approval requirements of the appropriate state agency. Failure to maintain such license, certification or other approval requirements shall result in immediate revocation of the home's conditional use permit.
      (9)   Conversion of an existing dwelling to a family home shall require that the dwelling be brought into conformity with all existing regulations in this Zoning Code, as well as all other applicable Carlisle Ordinances.
   (g)   Group Homes for Handicapped Persons shall comply with the following:
      (1)   Evidence shall be presented that the proposed facility meets the certification, licensing, or approval requirements of the appropriate state agency. Failure to maintain such license, certification or other approval requirements shall result in immediate revocation of the home's conditional use permit.
      (2)   The applicant shall comply with the applicable parking regulations of this Zoning Code for the type of residential structure used by the residential home and shall make adequate provision for on-site parking of vehicles used by visitors and the home supervisors.
      (3)   In considering whether to grant the conditional use permit, the Planning Commission shall take into consideration the proximity and location of other such homes for handicapped persons within the neighborhood so as not to change the character of the area, create undue congestion in the public ways, or otherwise adversely impact upon a given area with such use, but in no event shall a group home be closer than 600 feet from where a family home or group home for handicapped persons is located.
      (4)   The architectural design and site layout of a group home and the height of any walls, screens, or fences connected with any said group home shall be compatible with adjoining land uses and the residential character of the neighborhood.
   (h)   Hospitals shall comply with the following:
      (1)   Such use shall be located on an arterial or collector street.
      (2)   Outdoor storage of ambulances and other vehicles used in the operation of the principal use may be permitted provided such storage areas shall be located in the side or rear yard in off-street parking areas.
      (3)   A development plan in compliance with Chapter 1290.
   (i)   Manufacturing of Products from Raw Materials shall comply with the following:
      (1)   The outdoor storage shall comply with the building setback requirements.
      (2)   The outdoor storage of any raw materials shall be enclosed by a solid wall or fence, including solid gates, having a minimum height of eight (8) feet, which shall be maintained at all times.
      (3)   The heights of silos used in connection with a manufacturing process of raw materials shall be determined by the Planning Commission in consultation with the Carlisle Engineer and municipal Planner. A structural engineer shall also be consulted to determine if the structures are sound and designed to collapse on themselves rather than falling on adjacent properties.
      (4)   All fences or walls required in this section shall be constructed of uniform materials painted or otherwise preserved, and approved by the Commission. Additional fences, walls or shrubs may be required by the Commission, if necessary, to adequately screen the materials from adjoining districts or public streets.
   (j)   Mini/Self Storage Facility shall comply with the following:
      (1)   The leases for all self-storage units shall include clauses prohibiting:
         A.   The storage of flammable liquids, radioactive, highly combustible or explosive materials or hazardous materials.
         B.   The storage of live animals.
         C.   The storage of the dead, including humans and animals.
      (2)   The Carlisle Fire Department forces shall be provided with twenty-four (24) hour accessibility to the grounds. A lockbox shall be provided for its use.
      (3)   The maximum size of individual storage compartments shall be 500 square feet.
      (4)   Such uses should be located on an arterial street.
   (k)   Off-Street Parking as a Principal Use on Lot. In any Residential District, parking lots or garages constructed as the principal use on a lot that is contiguous to and within 150 feet of a Commercial or Industrial District when the parking spaces are accessory to a use located within that nonresidential district shall comply with the following:
      (1)   For the purposes of this section, contiguous includes a parcel directly across a public right-of-way. The start of the 150 foot distance shall be measured from the side of the public-right-of-way on such contiguous lot.
      (2)   An approved parking area shall be used solely for the parking of the passenger automobiles of the employees and customers of the use to which it is accessory.
      (3)   The off-street parking lot or garage shall not be located closer to the street than the setback of the existing dwelling on the adjacent lot, or the setback required for the district in which the lot or garage is located, whichever is greater.
      (4)   Such off-street parking garages shall be of a design, scale, and mass to complement the adjacent residential buildings.
      (5)   Off-street parking lots shall be designed in accordance with Chapter 1284 and are subject to development plan review pursuant to Chapter 1290.
   (l)   Public Parks and/or Playgrounds; Golf Courses; Swimming Pools, Athletic Fields Associated with a School, College or University, and Outdoor Commercial Recreation shall comply with the following:
      (1)   The proposed use shall not generate excessive noise, odor, dust or smoke beyond the premises. In order to minimize any effects of the above, the Planning Commission may require all applicable surface areas to be paved, and impose additional noise reduction measures, including mounding, landscaping and sound barriers, to ensure that the level of noise is less than or the same as the prevailing noise levels of permitted uses in the District.
      (2)   The Planning Commission may require active recreation areas to be enclosed by a fence having a minimum height of six (6) feet.
      (3)   Rifle ranges, skeet shooting ranges, pistol ranges and other uses involving the use of firearms including high powered air rifles; paint ball activities, motor-cross and/or go-cart tracks/racing; amusement parks; outdoor/drive-in movie theatre and all other concentrated outdoor commercial recreation uses shall not be permitted.
      (4)   Outdoor commercial recreation shall be permitted only when it is specifically listed as a conditional use in the schedule of permitted uses in the district in which it is proposed.
      (5)   Delivery trucks shall not be used as refreshment stands, souvenir stands, and/or concession stands.
      (6)   Only retail uses that are customarily accessory and incidental to the main recreational use shall be permitted as part of the recreational area. Included as such retail uses are refreshment stands, souvenir stands, concession stands, and an office.
      (7)   All activities, programs and other events shall be directly related to the conditional use permit so granted, and shall be adequately and properly supervised so as to prevent any hazard and to assure against any disturbance or nuisance to surrounding properties, residents or to the community in general.
      (8)   An adequate number of public restrooms for both men and women shall be provided and maintained.
      (9)   Vehicular approaches to the property shall be designed so as not to create an interference with traffic on surrounding public streets or roads.
      (10)   Commercial recreation establishments shall not be permitted in residential districts unless specifically permitted otherwise.
      (11)   In a residential district, no retail uses such as a snack bar, shall be permitted as an accessory use to a public park and/or recreation facility.
      (12)   Swimming pools shall comply with the following additional requirements:
         A.   Pools shall be adequately fenced to prohibit unauthorized access to the facility.
         B.   Pools and their enclosures shall comply with the building setback requirements set forth in this Code.
         C.   Pool enclosures shall be kept locked at all times the pool is not in use.
         D.   The Planning Commission may limit the maximum lot coverage of related buildings and lounging/deck areas.
      (13)   Golf courses, including tees, fairways, greens and golf driving ranges shall be designed and landscaped in such a manner as to reasonably prevent a misfired ball from landing out of the golf course.
   (m)   Outdoor Dining shall comply with the following:
      (1)   The facility shall be used in conjunction with, and is under the same management and exclusive control of, a restaurant located on the same or contiguous property.
      (2)   The outside seating capacity shall not exceed twenty-five percent (25%) of the restaurant seating capacity.
      (3)   The facility shall not interfere with the public right-of-way. The Planning Commission shall determine to what extent, if any, such use may encroach upon the public right-of-way.
      (4)   Noise shall be adequately controlled to ensure that patrons do not create a nuisance.
   (n)   Outdoor Display of Merchandise for Sale shall comply with the following:
      (1)   All displays shall meet the principal building setbacks established for the district in which the principal use is located.
      (2)   Displays shall not be located in areas intended for traffic circulation according to a development plan.
   (o)   Places Of Worship, Schools, and Accredited Colleges and Universities shall comply with the following:
      (1)   Such uses should be located on an arterial or collector street or have direct access to an arterial or collector street without going through a residential neighborhood to lessen the impact on the residential area.
      (2)   The Planning Commission may require outdoor activity areas to be enclosed by a fence or wall having a height of at least six (6) feet and an entry gate that can be securely fastened.
      (3)   Places of worship may be erected to a height not to exceed forty feet (40) if the building is set back from each lot line one (1) foot for each foot of additional building height in excess of the district limitation.
      (4)   Associated uses such as a convent, faculty residence, cafeteria, or infirmary shall be located on the same lot as a place of worship, school, college or university and shall comply with the building setback requirements set forth in this Chapter.
      (5)   Athletic facilities shall also comply with the supplemental regulations set forth in Section 1272.13(l).
   (p)   Residential Care Facility shall comply with the following:
      (1)   A residential care facility may include, but is not limited to, one or more of the following types of residential facilities:
         A.   Congregate living; which for the purposes of this Section shall be residential accommodations for which congregate dining, recreation, and/or other social and community facilities are provided as integral part of the design and expected to be utilized by the occupants on a regular basis.
         B.   Assisted living, which for the purposes of this Section shall be residential accommodations designed for and intended to be occupied by individuals who require supervision, assistance and health care services or who are otherwise dependent on the services of others by reason of age or physical or mental impairment.
         C.   Nursing home;
         D.   Hospice facility.
      (2)   Such uses shall be located on an arterial or collector street or have direct access to an arterial or collector street without going through a residential neighborhood to lessen the impact on the residential area.
      (3)   The development plan shall indicate the parking and emergency entrances or exits and other safety precautions.
      (4)   Evidence shall be presented that the proposed facility meets the certification, licensing or approval requirements of the appropriate state agency. Failure to maintain such license, certification or other approval requirements shall result in immediate revocation of the facility's conditional use permit.
      (5)   In considering whether to grant the conditional use permit, the Planning Commission shall take into consideration the intensity of the use and building coverage compared to the surrounding uses and the uses permitted in the district so as not to change the character of the area or otherwise adversely impact upon a given area with such use.
   (q)   Residential Units Accessory to a Commercial Use shall comply with the following:
      (1)   In any commercial district, accessory residential units should be located on the second floor of retail buildings.
      (2)   Any accessory residential use located on the first floor of a commercially used building shall not occupy more than fifty percent (50%) of the first floor area of the building and shall be located within the building so as not to interfere with the principal use of the building.
      (3)   Parking spaces for the accessory residential use shall be clearly marked and shall be in addition to and separate from the parking spaces required for the principal use.
   (r)   Studios for Instruction shall comply with the following:
      (1)   All activities shall take place in a fully enclosed sound-resistant building, with closed windows and double-door entrances that provide a sound lock.
      (2)   Such establishment offering non-academic instruction should be located so as to minimize the amount of space inactive during normal business hours that is located in the middle of a retail setting. Studios are encouraged to have associated retail uses located in the first floor space nearest the street in order to contribute to the retail environment of the district.
   (s)   Truck or Transfer Terminal, Motor Freight Garage shall comply with the following:
      (1)   Truck or transfer terminals shall be conditionally permitted in the Industrial Districts only upon compliance with the following provisions of this section and conditions deemed by the Commission to be necessary for the promotion of the public health, safety, morals and general welfare, and the approval by the Commission of a development plan of the proposed development:
         A.   Every portion of the property used for buildings shall be located no closer than 100 feet to any residential district; at least fifty (50) feet (nearest the residential zone) of the 100 feet shall be landscaped in an orderly fashion and a solid board fence, masonry wall or other type of fence approved by the Commission shall be constructed along the interior line of the required landscaped area to a height of at least six (6) feet, effectively screening truck loading, unloading and maneuvering activities from the view of any abutting residential district.
         B.   Access for motor freight vehicles shall be by way of streets of adequate width and construction.
         C.   In addition to adequate area within the site for docking, manipulation and maneuvering of motor freight vehicles waiting to be loaded or unloaded, additional space shall be provided at the rate of parking space sufficient to park a motor freight vehicle for every four (4) loading docks.
         D.   The site shall be designed in such a manner as to permit foreword movement of all vehicles both upon entering and upon leaving the site.
         E.   The number, location and width of entrances to and exits from the site shall be determined by the Commission, which may obtain expert opinion on the specific site proposal.
   (t)   Veterinary Hospitals with Associated Cages, Runs and Kennels shall comply with the following:
      (1)   Outdoor areas devoted to kennel operations shall be located in the rear yard and shall comply with the building setback requirements set forth in Schedule 1272.09.
      (2)   Odor and noise shall be adequately controlled to ensure that animals do not create a nuisance.
         (Ord. 8-13. Passed 5-14-13.)

1274.01 PROHIBITED USES.

   Any use not specifically listed as either a permitted principal or conditional use shall be a prohibited use in these zoning districts and shall only be permitted upon amendment of this Code and/or the Zoning Map as provided in Chapter 1256 or upon a finding by the Planning Commission that a use is substantially similar to a specified permitted or conditional use, as provided for in Chapter 1246.
(Ord. 8-13. Passed 5-14-13.)

1274.03 PERMITTED OBSTRUCTIONS WITHIN REQUIRED SETBACKS OR OTHER RELATED OPEN SPACE.

    The following are permitted obstructions within required setbacks or other required open space, subject to the height and lot coverage regulations of this Code, provided they are so located that natural light and ventilation are not obstructed from the principal building or any adjoining property.
   (a)   Architectural Features. Architectural features that are attached to the principal building, such as sills, belt-courses, cornices, chimneys, extending not more than one (1) foot into a required setback;
   (b)   Fixed and Retractable Awnings. Fixed and retractable awnings and canopies extending not more than two (2) feet into a required setback;
   (c)   Window air conditioners extending into the required setback;
   (d)   Chimneys projecting no more than one (1) foot into a required setback;
   (e)   Eaves, gutters or downspouts projecting no more than eighteen (18) inches into required setback;
   (f)   Walls and fences as per Section 1274.13.
   (g)   Unenclosed steps, including fire escapes, may be allowed in the required front, rear or side setbacks, provided, however that steps and/or fire escapes shall be no closer than two (2) feet from the side lot line; and
   (h)   Unroofed entrance features, such as a platform, landing, steps, terrace or other features such as an unroofed deck not extending above the first floor level of a building, may extend ten (10) feet into the required front setback and three (3) feet into the required side setback. A roofed entry, porch, deck, steps, landing, patio, fire escape, terrace or similar roofed structure shall not be permitted to project into any required setback area.
(Ord. 8-13. Passed 5-14-13.)

1274.05 SUPPLEMENTARY HEIGHT REGULATIONS.

   Principal or accessory buildings shall be erected, altered, moved or maintained only in accordance with the maximum height of building regulations as established in this Code, except that the following structures may be permitted above the aforesaid limitation:
   (a)   Chimneys, church spires, cupolas, domes, towers, solar collector panels, flag poles, water tanks, radio or television antennae, free-standing residential wind turbines provided they do not exceed forty-five (45) feet in height, roof mounted wind turbines provided they do not exceed ten (10) feet above the top roof peak of a home, monuments and other permitted mechanical appurtenances located upon or constructed as an integral part of the main building may exceed the above height regulations.
   (b)   Governmentally-owned freestanding water tanks, towers, radio or television antennae and flag poles may also exceed the above height regulations.
      (Ord. 8-13. Passed 5-14-13.)

1274.07 TEMPORARY BUILDINGS AND ENCLOSURES AND OUTDOOR SALES ACTIVITIES.

   (a)   Structures for Construction Operations. Temporary structures for construction operations may be permitted in any district if such structures are deemed necessary, provided:
      (1)   A temporary special permit is issued by the Planning and Zoning Administrator, for a period not to exceed eighteen (18) months; (PREVIOUSLY 12 MONTHS)
      (2)   The use of such structures shall be limited to offices; buildings for the storage of lumber, equipment and other building material;
      (3)   All temporary structures shall be located at least 100 feet from the nearest occupied residential dwelling, where feasible;
      (4)   A temporary structure for the construction office may be placed on the site no sooner than two (2) weeks before the start of grading or construction;
      (5)   All temporary structures for construction operations shall be removed within thirty (30) days after the completion of work on the premises for which a permit has been issued or if construction is not pursued diligently.
   (b)   Subdivision and Apartment Sales and Rental Offices. Subdivision and apartment sales and rental offices may be permitted, providing a permit is issued by the Planning and Zoning Administrator. The temporary permit may be for a period not to exceed two (2) years. In addition:
      (1)   Such an office shall be incidental to and located within the subdivision which it serves;
      (2)   Such an office shall continue only until the sale or lease of all dwelling units in the development has been completed, but in no event shall the time exceed two (2) years from the issuance of a special temporary permit.
   (c)   Temporary Dwellings. A temporary permit may be issued for a period not to exceed nine (9) months for a temporary dwelling or manufactured home provided:
      (1)   Such a use shall be allowed only on a lot where a single family detached dwelling is permitted by the provisions of this Code;
      (2)   Such a use shall be allowed only in a case where a single family dwelling has been destroyed or damaged by fire or other disaster to the extent which makes such dwelling uninhabitable and only when such dwelling is to be rebuilt or replaced;
      (3)   Occupancy of such a temporary dwelling shall be allowed only if appropriate sanitary facilities are provided as approved by the Health Department and such occupancy shall terminate immediately upon completion of the dwelling on the same lot; but in no event shall the time exceed the limit set forth previously;
      (4)   Additional conditions and requirements may be deemed necessary by the Planning and Zoning Administrator upon review of a particular application for a temporary dwelling, in which event the matter shall be referred to the Planning Commission for review and approval of all such additional conditions and requirements.
   (d)   Temporary Outdoor Sales Activities. Temporary outdoor merchandising activities directed at the general public may be allowed as an accessory use in certain commercial zoning districts and on the premises of permitted and conditional uses subject to the requirements of this section. It is the intent of this section to provide for temporary outdoor sales which are distinguished from permanent outside business activities that are permitted or conditional uses in a zoning district.
      (1)   Definition. Temporary outdoor sales activities include sidewalk sales, inventory reduction or liquidation sales, seasonal merchandise sales, itinerant vendors, and transient produce merchant sales. Seasonal merchandise sales include the sale of plants (also vegetables), flowers, shrubs, trees, mulch, fertilizer, weed killer products, soil, peat moss, lime, small decorative stones, landscape timbers, railroad ties, pumpkins, salt (for ice removal) and similar products, and Christmas trees.
         A.   Temporary outdoor sales activities shall not include carnivals, festivals, promotional events or any municipally sponsored function that may or may not include outdoor sales of food and/or merchandise related to such events.
         B.   A transient produce merchant sale involves the selling of products of the farm or garden occupied and cultivated by that person on property other than that which the produce is grown.
      (2)   Standards. The following shall apply to all proposed temporary outdoor sales activities allowed by this section in addition to other applicable building and safety code requirements as determined by the Building Department, Fire Department and/or Municipal Engineer.
         A.   Sidewalk sales, inventory reduction sales, liquidation sales, damaged goods sales, and transient produce merchant sales shall not exceed a maximum of seven consecutive calendar days, per event. Two (2) such outdoor sales activities per calendar year shall be permitted, per property and shall be allowed only in a Commercial District.
         B.   Seasonal merchandise sales shall not exceed a total of 120 calendar days per year, per property. Only four (4) seasonal sales activities per calendar year, per property, shall be permitted. Seasonal merchandise sales shall be permitted in a Commercial District. Bagged seasonal merchandise, such as mulch, peat moss, soil, fertilizer, decorative stones, lime, sale and other similar goods as well as landscape timbers, railroad ties, bicycles, lawn mowers, tractors, wheel barrows, snow blowers, leaf blowers and other large lawn equipment items which are stored, displayed and/or sold outdoors shall be located in existing fenced-in areas and/or on walkways immediately adjacent to the principal building. Such items shall be maintain in a neat and organized manner.
         C.   All sales activities including any temporary structures, tents and stands shall not be located within a required setback or public right of way and must be in an area that is paved and the activity does not interfere with parking, sight distance, traffic circulation or emergency vehicle access and will not reduce the required number of parking spaces required to serve principal use(s) on the site.
         D.   Temporary sales on unpaved (including gravel) or landscaped areas are prohibited.
         E.   Temporary outdoor sales activities within all temporary structures, tents, stands, under canopies or awnings and in all unroofed areas shall be limited to ten percent (10%) of the enclosed gross floor area of the principal building on the lot associated with the temporary outdoor sales activity. Existing fenced-in outdoor storage areas and permanent accessory structures shall be excluded from the ten percent (10%) calculation.
      (3)   General Requirements.
         A.   The temporary outdoor sales activity shall be clearly accessory to the permitted or conditional use(s) approved for the site. Only merchandise which is normally sold or stocked by the occupant on the subject premises shall be sold, provided that seasonal merchandise and licensed transient produce merchant activities as defined by this Chapter or Chapter 1242 may be allowed.
         B.   Tents, stands and other similar temporary structures may be utilized, provided that they will not impair parking, emergency access or the safe and efficient movement of pedestrian and vehicular traffic on or off the site.
         C.   The required number of off-street parking spaces for the principal use(s) shall be provided for the duration of the sale. Determination of compliance with this requirement shall be made by the Planning and Zoning Administrator.
         D.   Signage related to the sale shall be in compliance with the temporary sign regulations in Chapter 1286. The erection and removal of such signage shall be the responsibility of the applicant and/or owner of the property.
            (Ord. 8-13. Passed 5-14-13.)

1274.08 MOBILE FOOD VENDING.

   (a)   Definitions:
      (1)   "Zoning Administrator" means the Planning and Zoning Administrator or his/her designee.
      (2)   "Mobile food vendor" means any person who sells or offers for sale food or beverages from a mobile food vehicle in any public, private or restricted space.
      (3)   "Mobile food vehicle" means a commercially manufactured, self-contained, motorized vehicle, including vehicle-towed trailers and food carts, which vehicles are currently licensed by the Ohio Department of Motor Vehicles in which ready-to-eat food is cooked, wrapped, packaged, processed or portioned for service, sale or distribution.
      (4)   "Mobile food cart" means a vehicle propelled by human power which has been specifically designed or used for mobile food vending.
      (5)   "Local mobile food vending permit (LMFVP)" means a revocable license issued by the municipality to permit the sale of food and beverages from a mobile food vehicle within the municipality as prescribed in this section.
   (b)   Permit Required:
      (1)   It shall be unlawful for any person to operate a mobile food vehicle within the municipality without first having obtained a valid local mobile food vending permit (LMFVP) as prescribed in this section.
      (2)   LMFVP shall be valid from the date of issuance until December 31st of each year.
      (3)   LMFVP for mobile food vendors are non-transferrable and are revocable as provided in this section. LMFVP shall be valid for one vehicle only.
      (4)   Issuance of a LMFVP for a mobile food vendor pursuant to this section does not create or confer a property interest of any kind.
      (5)   All mobile food vehicles shall have a valid food service license issued by the appropriate county Board of Health.
      (6)   LMFVP and food service licenses must be kept on the mobile food vehicle at all times and must be available for immediate inspection upon request by an authorized agent of the municipality or public health and safety agency.
      (7)   No LMFVP shall be required for any mobile food vehicle that operates exclusively within special events (i.e. within a park or community festival) as determined by the Zoning Administrator.
   (c)   Location:
      (1)   Mobile food vehicles shall be permitted only in the following locations:
         A.   All commercial and manufacturing zoning districts with lot frontage abutting SR123 and direct drive access to SR123. No mobile food vehicles shall be permitted on any commercially zoned property containing a residential use structure as defined in Section 1268.03.
         B.   All municipal-owned parks or property.
         C.   Carlisle Local School campus.
      (2)   The operator of a mobile food vehicle shall obtain, in writing, the permission of the property owner to operate on the property and shall submit a copy to the Zoning Administrator no less than forty-eight hours prior to placement of mobile food vehicle on said property. Permission may be provided for an extended period of time provided that such period is indicated on said documentation and mobile food vendor is otherwise compliant with the regulations set forth in this section.
      (3)   The mobile food vehicle must be located entirely on private property and shall not be located in any required setback, sight distance triangle, buffer, or public right-of-way.
      (4)   No mobile food vehicle shall impede safe movement of vehicular and pedestrian traffic, parking lot circulation or access to any public alley or sidewalk.
      (5)   Mobile food vehicles shall be placed on bituminous, concrete or similar surface. No mobile food vehicle shall be placed upon a lot without parking and access drives. Parking areas shall have a bituminous, concrete or similar surface. Exception may be permitted for placement of mobile food vehicle and parking facilities upon a gravel surface if such surface is deemed by the Zoning Administrator to be in lawful nonconformance and otherwise in compliance with the regulations set forth in this section. No parking shall be permitted on grass or unimproved surface.
      (6)   The mobile food vehicle shall be located at least 150 feet from any existing restaurant unless documentation stating approved consent from all restaurant owners within 150-feet is provided.
      (7)   The mobile food vehicle has to be 100 feet from any residential zone districts except as approved on municipal owned land or parks.
      (8)   Mobile food vehicles that operate exclusively within special events may be exempted from these restrictions as determined by the Zoning Administrator if said vehicles are completely located within the approved area of event and are not located in a manner that would create a health or safety issue or impede vehicular or pedestrian traffic.
   (d)   General Requirements:
      (1)   Mobile food vehicle shall comply with all local and state fire regulations as defined in the Ohio Fire Code. No vehicle shall be placed to block access to fire lanes, fire hydrants, or other fire protection equipment.
      (2)   More than one mobile food vehicle may be located on the same parcel of land provided that the units are placed no closer than twenty-five feet and each vehicle independently complies with all regulations in this section.
      (3)   Anything other than food or non-alcoholic beverages shall not be sold from the mobile food vehicle, unless a special events liquor license is approved by the appropriate licensing authority. No merchandise or retail items for sale shall be permitted from such vehicle.
      (4)   Trash receptacle must be provided for customers use and shall be located not more than ten feet from the mobile food vehicle. Mobile food vendors are responsible for collecting and removing all waste generated by the internal operations of their unit. Liquid wastes such as grease or oil used in the operation shall not be discharged from the mobile food vehicle.
      (5)   Sound emanating from a mobile food vehicle shall not be permitted if the noise from such vehicle is of such a volume so as to cause a disturbance to abutting property owners.
      (6)   A portable sign may be placed outside of the mobile food vehicle provided that:
         A.   Such signage displays advertising consisting only of the mobile food vendor name and logo and any items sold or available from the mobile food vendor. All other advertising is prohibited.
         B.   The sign shall be limited to one per vehicle and no larger than three feet in size.
         C.   Sign shall be no closer than ten feet from the right-of-way and shall not impede visibility for vehicular or pedestrian traffic.
         D.   Sign may only be displayed during the hours of operation and shall be removed when the mobile food truck is not operation.
      (7)   The vehicle must be attended at all times. Vehicle shall be removed when the mobile food vehicle is not operating. An exemption shall be made for vehicles solely operating exclusively within special events (i.e. within a park or community festival) and solely located upon such event property as determined by the Zoning Administrator.
      (8)   A mobile food vehicle may be operated for sales purposes between the hours of 8:00 a.m. and 8:00 p.m. Vehicles operating within special events may operate within the established hours for said event.
   (e)   Enforcement: Unless otherwise specified in this section, the Zoning Administrator is hereby authorized to grant, issue and revoke a license to any person who desires to operate a mobile food vehicle and is authorized to interpret, enforce, and regulate the regulations in this section.
   (f)   Penalties: Whoever violates any of the provisions of this section shall constitute a misdemeanor under the provisions of Section 1254.19 .
(Ord. 19-20. Passed 9-8-20.)

1274.09 FAMILY DAY CARE HOME.

   This Zoning Code recognizes that the availability of safe and affordable, good-quality child day care is important to the well being of parents and children. Furthermore, it is the purpose of this section to regulate the operation of child day care in a manner that preserves the residential character of neighborhoods. According to ORC 5104.054, any type B family day-care home, whether certified or not certified by the county director of human services, shall be considered to be a residential use of property for purposes of municipal zoning and shall be a permitted use in all zoning districts in which residential uses are permitted. A type "B" family day-care home is a permanent residence of the provider where childcare is provided for one (1) to six (6) children and where no more than three (3) children are under two (2) years of age. For the purposes of this definition, any children under six (6) years of age who are related to the provider and who are on the premises of the day-care home shall be counted. Type "B" family day-care homes are a permitted accessory use in residential districts, and do not require a zoning certificate.
(Ord. 8-13. Passed 5-14-13.)

1274.11 HOME OCCUPATIONS.

   The purpose of this section is to set forth regulations, which control the establishment and operation of home occupations. The intent of these regulations is to control the nonresidential use of a residential dwelling unit so that the nonresidential use is limited to an accessory use, and shall not in any way adversely affect the uses permitted in the residential district of which they are a part. Compliance with these regulations should result in all home occupations being located and conducted in such a manner that their existence is not detectable in any manner from the outside of the dwelling unit.
   (a)   Home occupations shall be permitted in residential districts provided:
      (1)   Only members of the family residing within the dwelling shall be engaged in such occupation at that location and not more than one part-time non-family member (limited to twenty (20) hours in any week) or occasional clerical or bookkeeping assistant who may perform services incidental to such occupation;
      (2)   The occupation is conducted wholly within the principal building and the space used for production and sale does not occupy more than twenty-five percent (25%) of the net floor area of the dwelling unit;
      (3)   No retail or wholesale goods except that which are produced or processed on the premises shall be exchanged on the property;
      (4)   No equipment shall be used which will create any dust, noise, odors, glare, vibrations or electrical disturbances beyond the lot;
      (5)   The home occupation shall be confined to the principal building on the lot or premises, and no structure shall be constructed, reconstructed or altered to permit extension of the home occupation outside of the principal building;
      (6)   All storage of materials, goods, supplies or equipment related to the operation of a home occupation shall be inside the structure;
      (7)   The residential character of the dwelling exterior shall not be changed, except that a small, non-illuminated sign of maximum size of two (2) square feet may be permitted;
      (8)   Traffic shall not be generated by such home occupation in significantly greater volume than would normally be expected in the residential neighborhood; and
      (9)   Any need for parking generated by the conduct of such home occupation shall be met on or adjacent to the driveway, but shall not be permitted in a required front setback, or in the public right-of-way.
   (b)   A home occupation shall be permitted only after a zoning certificate has been issued by the Planning and Zoning Administrator. Those uses which are questionable shall be reviewed by the Planning Commission to assure that they are in character with this section and will not constitute an objectionable use of the residentially zoned property due to potential noise, increased pedestrian and vehicular traffic, or any other conditions that might interfere with the general welfare of the surrounding residential area.
   (c)   When any home occupation results in an undesirable condition interfering with the general welfare of the surrounding residential area, such home occupation may be terminated by the Planning and Zoning Administrator. Such termination may be appealed to the Board of Zoning Appeals. An undesirable condition may be identified as abnormal traffic, objectionable noise or any other condition not conducive to a residential neighborhood situation.
      (Ord. 8-13. Passed 5-14-13.)

1274.13 FENCES AND WALLS IN RESIDENTIAL DISTRICTS.

   (a)   Fences and similar screening devices shall not exceed six (6) feet in height in residential districts. Fences used to screen a patio in a rear yard are permitted to be eight (8) feet in height but can not extend beyond the perimeter of the patio. If such patio extends to a side or rear property line, the maximum fence height shall not exceed six (6) feet. Fencing shall be limited to the use of split rail, wrought iron, picket or other similar decorative fencing.
   (b)   In the front yard, fences shall not exceed forty-two (42) inches in height provided that at street intersections, no fence shall be constructed, erected or installed which will obstruct line of sight or traffic visibility. Fences in the front yard shall be no closer than seventeen (17) feet from the edge of the road or the edge of the road right-of-way, whichever is further. A zoning certificate shall be obtained and approved prior to erecting any fence in a residential district.
   (c)   Fences and Walls on a Residential Through-Lot: For the purpose of this section, a fence and similar screening devices may be placed within either front setback of a through-lot subject to the following restrictions. Fences placed in the yard that is in front of the principal building, as determined by the Zoning Administrator, must comply with the regulations imposed in division (b) of this section. Fences placed in the yard that is the area behind the principal building and abutting parallel street shall be placed no closer than seventeen (17) feet from the edge of the road or five (5) feet from the back of sidewalk, whichever is further. Such fencing shall not exceed six (6) feet in height provided that it does not impede the visibility of any vehicular or pedestrian traffic for ingress/egress of private and/or public access drives or street intersections as determined by the Zoning Administrator and/or Village Engineer.
   (d)   Fences may be built up to the property line, but shall be located entirely on the property of the person constructing it, except property owners, with written permission from abutting property owners, may connect to fences on adjoining properties.
   (e)   Barbed wire, spike, razor wire, or electric fences are prohibited in any residential district. Exception to electric fences are invisible fences used to contain animals.
   (f)   Fences that are painted, shall be one color. Fences and walls shall be maintained in good repair at all times by the owner and/or occupant of the lot on which they are located. The smooth finished side of the fence shall be the side of the fence that faces outward from the yard being fenced.
   (g)   Fences, once erected, shall be maintained and any repairs shall be done using the same or substantially similar materials (and color) as the original fence.
   (h)   Fences surrounding a recreational facility (such as a basketball court, tennis court, swimming pool) located on a commonly owned land are permitted to a maximum height of ten (10) feet.
   (i)   Decorative walls or fences may be used to enclose entrances or courtyards to a height of six (6) feet at the front of the residential dwelling, if approved by the Planning and Zoning Administrator upon the review of a development plan of the property showing the location of the walls or fences.
   (j)   Decorative walls and/or fences used as main entrance features to an existing or new residential subdivision or development shall not:
      (1)   Exceed six (6) feet in height in any yard;
      (2)   Be located in the public right-of-way; and
      (3)   Obstruct line of sight or traffic visibility.
   (k)   All fences and decorative walls shall comply with Section 1274.31.
(Ord. 8-13. Passed 5-14-13; Ord. 17-20. Passed 8-11-20.)

1274.15 SWIMMING POOLS.

   In addition to the requirements for accessory buildings and uses in this Code, the following provisions shall apply for swimming pools:
   (a)   Private Outdoor Swimming Pools. A private swimming pool is any pool, lake or open tank, primarily used for swimming or wading, not located within a completely enclosed building and containing or normally capable of containing water to a depth at any point greater than one (1) foot. No such swimming pools, exclusive of portable swimming pools with a diameter less than twelve (12) feet or with an area of less than 100 square feet, shall be allowed in any commercial or residential district except as permitted in this Code and unless it complies with the following additional requirements:
      (1)   The pool is intended and is to be used solely by the occupants and guests of the principal use of the property on which it is located;
      (2)   It may not be located, including any walks or paved areas or accessory structures adjacent thereto, closer than ten (10) feet to any property line of the property on which located;
      (3)   The pool, or the entire property on which it is located, shall be so walled or fenced so as to prevent uncontrolled access from the street or from adjacent properties. Such fences or wall shall be at least six (6) feet in height and maintained in good condition, with a gate and lock.
      (4)   Proper drainage shall be provided to ensure that pool overflow does not affect adjacent properties.
      (5)   The construction and operation of a pool shall meet all other applicable Municipal regulations.
      (6)   The Planning Commission shall have the power to make exceptions to and modifications of the above requirement for fences surrounding swimming pools, in cases in which, in the Commission's opinion, such requirements are not essential to safety because the applicant will provide an alternative means of secure access to the swimming pool from the street or from adjacent properties.
   (b)   Public, Community or Club Swimming Pool. A public, community or club swimming pool is any pool constructed by Carlisle, an association of property owners, or by a private club for use by the general public or by members of the association or club and their families. Public, community and club swimming pools are permitted in all districts, but shall comply with the following conditions and requirements:
      (1)   The pool is intended solely for the use of the general public or the members and families and guests of members of the association of club under whose ownership or jurisdiction the pool is operated;
      (2)   The pool and accessory structures thereto, including the unenclosed areas used by the bathers, shall not be closer than fifty (50) feet to any property line of the property on which it is located;
      (3)   The pool and all of the area used by the bathers shall be so walled or fenced as to prevent uncontrolled access by children from the street or from adjacent properties. Such fence or wall shall be six (6) feet in height and maintained in good condition, with a gate and lock.
      (4)   Proper drainage shall be provided to ensure that pool overflow does not affect adjacent properties.
      (5)   The construction and operation of a pool shall meet all other applicable municipal regulations.
         (Ord. 8-13. Passed 5-14-13.)

1274.17 PARKING AND USAGE OF RECREATIONAL VEHICLES IN RESIDENTIAL DISTRICTS.

    (a)   Recreational vehicles shall include such vehicles commonly referred to as motor homes, camper trailers, travel trailers, utility trailers (both open and enclosed), all-terrain vehicles (ATVs), jet skis, golf carts, boats, motor homes and boat trailers.
   (b)   An open utility trailer will be defined as a vehicle designed to be pulled by a motor vehicle which is used to carry personal property, trash, or special equipment that is twenty (20) feet or less in length and can have one (1) or two (2) axles and rated to carry no more than seven thousand (7,000) GVWR. An enclosed utility trailer will be defined as a vehicle designed to be pulled by a motor vehicle which is used to carry personal property, trash, or special equipment that is twenty-four (24) feet or less in length and can have one (1) or two (2) axles and rated to carry no more than ten thousand (10,000) GVWR.
   (c)   A recreational vehicle may be parked or stored outside a fully enclosed garage, other accessory building or on a driveway provided it shall not:
      (1)   Overhang in the public right-of-way
      (2)   Be parked or stored on a public street or alley right-of-way
      (3)   Be parked or stored in the required front setback of the principal building or on that part of the driveway which may be located in the required front setback of principal building
      (4)   Impose a safety hazard by partially or fully impeding the line of sight
   (d)   Recreational vehicles may be parked subject to the conditions stipulated in sub-section (c) provided that no living quarters shall be maintained therein, or any business conducted in connection therewith while such vehicle is stored or parked and that no connection is made to any utilities except for (f), (g), and (h) below. Electrical connections shall be allowed for the expressed purpose of charging vehicle batteries and other such devices.
   (e)   Only two (2) recreational vehicles as defined in subsection (a) are permitted to be parked outdoors on a property at any given time.
   (f)   Recreational vehicles may be parked in a front yard or the driveway for the purposes of loading and unloading for a period not to exceed seventy-two (72) hours within a calendar week. The first day of a calendar week shall be Monday.
   (g)   Recreational vehicles may be parked in a front driveway for the purpose of active maintenance for a period of up to two weeks within a six-month period with prior notification to the Zoning Department Official.
   (h)   A motor home or camper trailer for guests visiting a residential property may be parked in the front driveway only, for no more than thirty (30) days in any six (6) month period with prior notification and approval from the Zoning Department Official. Such allowed vehicle shall not be used as living quarters by either the residents of the property or visiting guests.
   (i)   If the recreational vehicle is parked or stored in a side yard, it shall be parked on an impervious surface, such as asphalt or concrete that shall be, at a minimum, the same size or dimensions as is the recreational vehicle. Recreational vehicles in a rear yard shall be parked on either an impervious surface or gravel pad that shall be, at a minimum, of the same size or dimensions as is the recreational vehicle or greater, but at no time shall such vehicle be parked on grass, dirt or similar surface.
   (j)   Recreational vehicles parked in the rear yard shall be a minimum of five (5) feet from any property line unless they are parked on an impervious surface.
   (k)   All recreational vehicles shall be kept operational and carry a current year's license or registration. Any vehicle that does not contain a current year's license or registration shall be placed in a completely enclosed building or removed from the property.
(Ord. 12-18. Passed 7-10-18.)

1274.19 ADDITIONAL REGULATIONS REGARDING MOTOR VEHICLES IN RESIDENTIAL ZONING DISTRICTS.

    (a)   The repainting, rebuilding, overhauling or dismantling of a vehicle or the storage of tires, motor, body or other parts in an open yard is prohibited on a residential lot.
   (b)   The overnight parking or the outdoor storage of commercial motor vehicles and/or buses is prohibited, with the exception of school buses parked on school property.
(Ord. 8-13. Passed 5-14-13.)

1274.21 LOT REGULATIONS.

   (a)   Required Setbacks to be Maintained. The required setbacks surrounding an existing building shall not be separated in ownership from that portion of the lot upon which the building is located, and no part shall be considered as providing a required setback for any other existing building on the same or on an adjacent lot. A setback shall not be reduced in any manner to less than the required dimensions for the district in which it is located, and a setback of less than the required dimensions shall not be further reduced in any manner unless otherwise noted in this Code. Every required setback shall be open and unobstructed from the ground, except for accessory structures as set forth in this Code and the regulations in Section 1274.03 and as per the parking setbacks in Chapter 1284.
   (b)   When one or more buildings, or parts thereof, are constructed or enlarged so as to cross one or more lot lines in the same ownership, all such lots shall be replatted into one lot provided all other zoning and subdivision regulations are met.
   (c)   Required Lot Area to be Maintained. A parcel of land may be subdivided into two (2) or more parcels, provided all lots resulting from such division shall conform to all the lot area and width regulations of the district in which it is located. A lot of record which conformed to the provisions of this Code or any amendments thereto which affected its conformity shall not be reduced in any manner which would make it nonconforming.
   (d)   One Dwelling on Lot. No single family detached dwelling or two-family dwelling shall be constructed on a lot upon which a principal building already exists except in accordance with Chapter 1266. New multi-family, apartments and townhouses, complexes may be erected with more than one principal building to the lot or parcel per Chapter 1264. Commercial, industrial or institutional buildings may be erected with more than one principal building on a lot or parcel providing they are all under the same ownership.
   (e)   Non-single Family Uses with Frontage on More Than One Street. Lots having frontage on more than one street shall provide the required front setback along each street. On a corner lot, front setbacks shall be required on both street frontages, and one yard other than the front yards shall be deemed to be a rear yard and the other or others, side yards. For new construction, the decision as to which is rear versus side yard is that of the owner.
(Ord. 8-13. Passed 5-14-13.)

1274.23 PROXIMITY OF BUILDINGS TO EXISTING GAS AND/OR OIL WELLS.

   No principal or accessory building, or part thereof, shall be constructed closer than 100 feet to an existing gas, oil or water well.
(Ord. 8-13. Passed 5-14-13.)

1274.25 REQUIREMENTS FOR OWNERS ASSOCIATIONS.

   As part of a residential development, planned development or other development where a homeowners association, community association, condominium association or similar legal entity/agency shall be created to be responsible for the enforcement of deed restrictions, maintenance and control of common areas, including the required open space, open space easements, private streets, facilities, common drives, etc. The Municipality's Law Director shall determine that, based on documents submitted with the development plan, the association's or agency's bylaws or code of regulations specify the following requirements:
   (a)   Membership in the Association shall be mandatory for all purchasers and/or owners of lots in the development or units in a condominium.
   (b)   The Association shall be responsible for maintenance, control, and insurance of open space and all common areas, including any applicable easements.
   (c)   The Association shall have the power to impose assessments on members for the maintenance, control and insurance of open space and common areas, and have the power to place liens against individual properties for failure to pay assessments.
   (d)   The conditions and timing of transfer of control from the developer to the unit or lot owners shall be specified;
   (e)   The Association shall not authorize its dissolution or the sale, transfer or other disposal of any common area, including restricted open space, without (i) an affirmative vote of seventy-five percent (75%) of its members, (ii) having established a successor entity to take over said property pursuant to Carlisle's Zoning Code; and (iii) the approval of the Carlisle Council.
   (f)   The Association shall convey to Carlisle and other appropriate governmental bodies, after proper notice, the right to enter to any common area for emergency purposes or in the event of nonperformance of maintenance or improvements affecting the public health, safety and welfare. Such governments shall have the right, after proper notice, to make improvements and perform maintenance functions. In addition, Carlisle shall have the right to proceed against the Association for reimbursements of said costs, including the right to file liens against individual condominium units, houses, and vacant building lots.
      (Ord. 8-13. Passed 5-14-13.)
 

1274.27 GENERAL DISTRICT REGULATIONS.

   Establishing a Permitted or Conditional Use. Although a use may be indicated as a permitted principal, conditional use or accessory use in a particular zoning district, it shall not be approved on a parcel unless it can be located thereon in full compliance with all of the standards and other regulations of this Zoning Code to the specific use and parcel in question.
(Ord. 8-13. Passed 5-14-13.)

1274.29 PERFORMANCE STANDARDS.

   No land or structure in any zoning district shall be used or occupied in any manner to create a dangerous or objectionable condition, substance or element, in such a manner or in such amount to adversely affect the adjoining premises or surrounding area. All uses, except those in Industrial Districts which must comply with the performance standards in Chapter 1270, shall comply with the following performance standards:
   (a)   Americans with Disabilities Act. All uses shall comply with all applicable requirements of the Americans with Disabilities Act, and all other applicable federal, state, and county regulations.
   (b)   Lighting and Glare. All exterior lighting and conditions that generate glare shall comply with the requirements of Chapter 1282.
   (c)   Heat. No use shall generate heat that is perceptible without the aid of instruments at any point beyond the lot occupied by the use.
   (d)   Vibration. Vibrations, which are perceptible without the aid of instruments, shall not be permitted beyond the lot occupied by the use generating such vibration.
   (e)   Odors. No use shall emit malodorous gas or matter that is discernible on any adjoining lot or property.
   (f)   Air Pollution.
      (1)   The emission of smoke, soot, fly ash, fumes and dust shall be controlled by precipitation devices, height of stack, rate of emission or other manner so that the quantity deposited in any District shall not be detrimental to or endanger the public safety, comfort, welfare or adversely affect property values. In addition, no use shall emit fly ash, dust, vapors or other substances that are harmful to health, animals, vegetation or other property or which can cause excessive soiling.
      (2)   Dust and other types of air pollution borne by the wind from sources such as parking areas, storage areas or yards shall be kept to a minimum by appropriate landscaping, paving, oiling or other acceptable treatment.
   (g)   Fire Hazards. Flammable or explosive materials shall only be permitted in structures having incombustible exterior walls.
   (h)   Storage Handling. Storage handling and use of flammable liquids shall comply with regulations as set forth in the most recent Bulletin of the National Fire Protective Association. Storage of other materials in yards or structures shall comply with other fire protective codes of Carlisle and all parts shall be accessible to firefighting equipment.
   (i)   Solid Waste. Solid waste, including empty packing crates and other excess materials, shall not be allowed to accumulate on a lot and shall be disposed of on a regular basis or enclosed within a wall or fence.
   (j)   Liquid Waste. If liquid wastes are disposed of in containers, they shall be appropriate containers, and the wastes shall be removed from the site on a regular basis. Liquid waste or sewerage shall not be discharged into a reservoir, stream, or other open body of water or into a storm or sanitary sewer except as allowed by other codes of the Municipality of Carlisle, County, State or similar jurisdictional authority.
   (k)   Noxious, Toxic or Corrosive Fumes. Noxious, toxic or corrosive fumes or gasses shall not be emitted which shall be injurious to the property, vegetation or health of the people residing in any adjacent residential district.
   (l)   Radioactive or Electrical Disturbances. Radioactive emissions or electrical discharges shall be confined to the use and lot from which they originate and shall not occur across any lot line.
   (m)   Infectious and Medical Waste Materials. The storage, incineration or disposal of infectious or medical waste materials in such a manner or in such quantities as to produce a public nuisance or a hazard to the public health and welfare of the community shall not be permitted.
      (Ord. 8-13. Passed 5-14-13.)

1274.31 VISIBILITY AT INTERSECTIONS.

   Sight Triangles at the Intersection of Two Streets. In any District, on any corner lot, no fence, structure or planting shall be erected or maintained between two and one-half (2.5) feet and six (6) feet, above the rights-of-way lines, within a clear sight triangle formed by the right-of-way lines of two (2) intersecting streets, and a line drawn between two (2) points, each measuring twenty (20) feet from the intersection of the right-of-way lines. See Figure 1 below.
Figure 1
Visibility at Intersection of Public Streets
 
 
(Ord. 8-13. Passed 5-14-13.)

1274.33 ANIMALS; KENNELS.

   (a)    Agricultural livestock, excluding chickens, shall not be permitted on any lot of less than three acres in size. All livestock shall be contained in an enclosed structure and said structure shall be kept a distance of 100 feet from all property lines and dwelling units.
   (b)    Not more than one saddle horse may be kept for each acre of land in a Residential District. No saddle horse shall be kept within a distance of 100 feet from any dwelling, other than the dwelling on the zoning lot where the horse is kept.
   (c)   No kennel shall be permitted in any Residential District. A kennel operator shall obtain a kennel permit from the office of the Manager, upon compliance with the provisions of subsection (e) hereof, “Kennel” means any lot or premises on which four or more domesticated animals more than four months of age are housed, groomed, bred, boarded, trained or sold.
   (d)   No person shall keep or harbor more than three dogs, excluding puppies less than four months old, in any single-family dwelling, or in any separate suite in a two-family dwelling or apartment dwelling, within the Municipality. The terms “dwelling” and “suite,” as used in this subsection, include the parcel of land upon which the building containing the dwelling or suite is located, and also all out-buildings, dog houses, dog runs, etc., located on the parcel of land.
NOTE: Kennels (in connection with a Veterinary hospital) are a conditional use in the B-2 District and approved in accordance with the procedures set forth in Chapter 1272.
(Ord. 14-13. Passed 9-10-13; Ord. 11-23. Passed 5-23-23.)

1274.35 MEDICAL MARIJUANA.

   Pursuant to the City of Carlisle’s authority in accordance with R.C. § 3796.29, upon the passage of this section, medical marijuana cultivators, processors, and retail dispensaries shall not be permitted within the city in any zoning district.
(Ord. 12-23. Passed 5-23-23.)