Cedarville Village City Zoning Code
CHAPTER 1113
District Regulations
1113.01 USES NOT SPECIFICALLY MENTIONED.
Uses Not Specifically Mentioned: Any use of land or buildings which is not specifically mentioned as a permitted principal, permitted accessory, or conditional use within any district shall not be permitted by the Zoning Inspector until it is determined by the Board of Appeals that such use is similar and compatible to uses permitted within such district. In determining if such uses are similar and compatible, the process outlined under Section 1137.03
for Appeals shall be followed.
1113.02 RS-2 LOW DENSITY SINGLE-FAMILY RESIDENTIAL DISTRICT.
(a) Intent and Purpose: The intent of the Low Density Single-Family Residential District is to recognize the existence of and the demand for residential lots at a density of approximately two dwelling units per acre. Necessary services and accessory uses compatible with low density residential surroundings are encouraged to locate within this district. Central water supply and wastewater disposal facilities shall be required for land placed in this district.
(b) Permitted Principal Uses:
(1) One single-family dwelling in accordance with Section 1117.29.
(2) Churches and other places of worship as regulated in Section 1117.30.
(3) Essential services.
(4) Forests and wildlife preserves.
(5) Public buildings and/or uses which are supported in whole or in part by taxes or special public assessments, the location of which has been fixed by studies. Such uses include, but are not limited to: parks, playgrounds, libraries, schools, fire stations, community centers, water pumping and storage facilities, and wastewater pumping facilities. No outside storage or stockpiling of material shall be permitted.
(6) Community Based Residential Social Service Facilities: Family Care Homes as regulated in Section 1117.18.
(c) Permitted Accessory Uses:
(1) Accessory structures necessary for domestic activities and storage, which does not include any business activity.
(4) One private garage.
(5) Home occupations as regulated in Section 1117.28.
(6) Accessory storage of recreational vehicles as regulated in Section 1117.17.
(7) Private accessory swimming pools and game courts for the use of occupants and their guests as regulated in Section 1117.13.
(8) Temporary uses incidental to construction work as regulated in Section 1117.24.
(9) Fences as regulated in Section 1117.10.
(d) Conditional Uses: The following uses shall be permitted only in accordance with Section 1137.02:
(1) Private schools and child care nurseries.
(2) Extensions of existing cemeteries as regulated in Section 1117.25.
(3) Private recreation facilities, including but not limited to country clubs, and golf courses (excluding driving ranges and miniature golf courses) as regulated in Section 1117.14.
1113.03 RS-4 MEDIUM DENSITY SINGLE-FAMILY RESIDENTIAL DISTRICT.
(a) Intent and Purpose: The intent of the Medium Density Single-Family Residential District is to recognize the existence of and the demand for residential lots at a density of approximately four dwelling units per acre. Necessary services and accessory uses compatible with medium density residential surroundings are encouraged to locate within this district. Central water supply and wastewater disposal facilities shall be required for land placed in this district.
(b) Permitted Principal Uses:
(1) One single-family dwelling in accordance with Section 1117.29.
(2) Churches and other places of worship as regulated in Section 1117.30.
(3) Essential services.
(4) Forests and wildlife preserves including the Village Utility Farm.
(5) Public buildings and/or uses which are supported in whole or in part by taxes or special public assessments, the location of which has been fixed by studies. Such uses include, but are not limited to: parks, playgrounds, libraries, schools, fire stations, community centers, water pumping and storage facilities, and wastewater pumping facilities. No outside storage or stockpiling of material shall be permitted.
(6) Community Based Residential Social Service Facilities: Family Care Homes as regulated in Section 1117.18.
(c) Permitted Accessory Uses:
(1) Accessory structures necessary for domestic activities and storage, which does not include any business activity.
(4) One private garage.
(5) Home occupations as regulated in Section 1117.28.
(6) Accessory storage of recreational vehicles as regulated in Section 1117.17.
(7) Private accessory swimming pools and game courts for the use of occupants and their guests as regulated in Section 1117.13.
(8) Temporary uses incidental to construction work as regulated in Section 1117.24.
(9) Fences as regulated in Section 1117.10.
(d) Conditional Uses: The following uses shall be permitted only in accordance with Section 1137.02:
(1) Private schools and child care nurseries.
(2) Extensions of existing cemeteries as regulated in Section 1117.25.
(3) Private recreation facilities, including but not limited to country clubs, and golf courses (excluding driving ranges and miniature golf courses) as regulated in Section 1117.14.
1113.04 RT-4 MEDIUM DENSITY TWO-FAMILY RESIDENTIAL DISTRICT.
(a) Intent and Purpose: The intent of the Medium Density Two-Family Residential District is to provide for both single-family and two-family residential development at a density of approximately four dwelling units per acre at locations where adequate levels of public services can be provided. Necessary services and accessory uses compatible with medium density residential surroundings are encouraged to locate within this district. Central water and sewer facilities shall be required for land placed within this district.
(b) Permitted Principal Uses:
(1) One single-family dwelling or two-family dwelling in accordance with Section 1117.29.
(2) Churches and other places of worship as regulated in Section 1117.30.
(3) Essential services.
(4) Public buildings and/or uses which are supported in whole or in part by taxes or special public assessments, the location of which has been fixed by studies. Such uses include, but are not limited to: parks, playgrounds, libraries, schools, fire stations, community centers, water pumping and storage facilities. No outside storage or stockpiling of materials shall be permitted.
(5) Community Based Residential Social Service Facilities: Family Care Homes as regulated in Section 1117.18.
(c) Permitted Accessory Uses:
(1) Accessory structures necessary for domestic activities and storage, which does not include any business activity.
(4) One private garage.
(5) Home occupations as regulated in Section 1117.28.
(6) Accessory storage of recreational vehicles as regulated in Section 1117.17.
(7) Private accessory swimming pools and game courts for the use of occupants and their guests as regulated in Section 1117.13.
(8) Temporary uses incidental to construction work as regulated in Section 1117.24.
(9) Fences as regulated in Section 1117.10.
(d) Conditional Uses: The following uses shall be permitted only in accordance with Chapter 1137.02:
(1) Private schools and child care nurseries.
(2) Extensions of existing cemeteries as regulated in Section 1117.25.
(3) Private recreation facilities including but not limited to country clubs and golf courses (excluding driving ranges and miniature golf courses as regulated in Section 1117.14.
(4) Bed and Breakfast.
(5) Home occupations in an accessory structure as regulated in Section 1117.28.
1113.05 RM-8 MEDIUM-HIGH DENSITY MULTIPLE-FAMILY RESIDENTIAL DISTRICT.
(a) Intent and Purpose: The intent of this district is to provide for both two-family and multiple-family residential development at a density up to approximately eight units per acre. Necessary services and accessory uses compatible with medium-high density residential surroundings are encouraged. This district should only be encouraged at locations which possess adequate access to schools, employment areas, shopping facilities, and other community services via major streets. Central water and sewer facilities shall be required for land placed within this district.
(b) Permitted Principal Uses:
(1) One two-family dwelling or multiple-family dwelling structure in accordance with Section 1117.29.
(2) Churches and other places of worship as regulated in Section 1117.30.
(3) Essential services.
(4) Forests and wildlife preserves.
(5) Public buildings and/or uses which are supported in whole or in part by taxes or special public assessments, the location of which has been fixed by studies. Such uses include, but are not limited to: parks, playgrounds, libraries, schools, fire stations, community centers, water pumping and storage facilities and wastewater pumping facilities. No outside storage or stockpiling shall be permitted.
(6) Boarding house. (Bed and Breakfast).
(7) Community-Based Residential Social Service Facilities: Family Care Homes as regulated in Section 1117.18.
(c) Permitted Accessory Uses:
(1) Accessory structures necessary for domestic activities and storage, which does not include any business activity.
(4) Home occupations as regulated in Section 1117.28.
(5) Accessory storage of recreational vehicles as regulated in Section 1117.17.
(6) Private accessory swimming pools and game courts for the use of occupants and their guests as regulated in Section 1117.13.
(7) Temporary uses incidental to construction work as regulated in Section 1117.24.
(8) Fences as regulated in Section 1117.10.
(d) Conditional Uses: The following uses shall be permitted only in accordance with Section 1137.02:
(1) Private schools and child care nurseries.
(2) Extensions of existing cemeteries as regulated in Section 1117.25.
(3) Private recreation facilities, including but not limited to country clubs, and golf courses (excluding driving ranges and miniature golf courses) as regulated in Section 1117.14.
(4) Community Based Residential Social Services Facilities: Group Care Homes or Homes for Adjustment as regulated in Section 1117.18.
1113.06 R-MH MOBILE HOME PARK DISTRICT.
Not permitted.
1113.07 HB HISTORIC BUSINESS DISTRICT.
(a) Intent and Purpose: It is the intent of the Historic Business District to recognize the development and character of the historic commercial area of the Village which is unique because of its architectured style, scale, and form to the history of the Village. It is the purpose of the Historic Business District to preserve the unique character through the recognition of existing setbacks, parking areas and mixed uses by establishment of areas devoted to the use of those retail and personal service businesses that operate as a response to the daily needs of the residents of Village as well as the inclusion of residential uses. This district is created and defined to include the historical business district along Main Street from Cedar Street South to alley past Xenia Avenue.
(b) Permitted Principal Uses: Public water supply and sanitary service shall be available to the site, or the owner shall present proof that the proposed on-site water and/or sewage disposal facilities have been approved by the Greene County Health Department and/or the Ohio Environmental Protection Agency before any Zoning Permit shall be issued to such use.
(1) Antique Shops.
(2) Automobile Parts and Accessory Sales.
(3) Bakeries.
(4) Banks.
(5) Book and Stationery Shops.
(6) Business Services.
(7) Candy and Ice Cream Stores.
(8) Convenience and Carry-out Stores.
(9) Clothing and Apparel Stores.
(10) Delicatessens.
(11) Drug Stores.
(12) Food Stores and Groceries.
(13) Furniture Repair and Upholstery Stores.
(14) Hardware Stores.
(15) Ice Sales.
(16) Indoor Commercial Entertainment Facilities.
(17) Laundry and Dry Cleaning, Self-Service or Pickup.
(18) Medical Clinics.
(19) Personal Services.
(20) Post Office.
(21) Professional Office.
(22) Restaurants, Sit-Down Service.
(23) Variety Stores.
(24) Public buildings and/or uses which are supported in whole or in part by taxes or special public assessment. Such uses include but are not limited to parks, playgrounds, libraries, schools, fire stations, police stations, public administrative offices, public maintenance garages and community centers.
(25) Essential services.
(26) Other uses which are determined by the Board of Zoning Appeals to be the same general character as the above permitted uses, but not including any use which is first permitted or prohibited in the VB District.
(27) Dwelling units above street level (i.e.: second floor).
(28) Rental and Residential dwelling uses as permitted.
(c) Accessory Uses:
(1) Off-street parking not required. When provided off-street parking and loading spaces shall be as regulated in Chapter 1121.
(3) Storage within an enclosed building of supplies or merchandise which is normally carried in stock in connection with a permitted use.
(d) Conditional Uses: The following uses shall be permitted only in accordance with Section 1137.02
:
(1) Accessory living quarters for person employed on the premises.
(2) Auction Houses.
(3) Clubs, Lodges, Civic or Fraternal Organizations.
(4) The creation or making of goods for sale at retail on premises which have high value-to-bulk ratio and not involving extensive mechanization.
(5) Motels or Hotels.
(6) Off-street Parking Lots.
(e) Minimum Dimensional Requirements:
(1) Lot Size:
The minimum lot size for this district shall be 7,500 square feet.
(2) Yard Requirements:
In the (HB) Historic Business District the following minimum yard areas shall be provided.
A. Front Yard: No front yard setback shall be required from the existing right-of-way or sidewalk. The setback for new construction shall be no greater than the average setback of existing structure having frontage on the same block.
B. Side Yards: No side yard is required. If a side yard is voluntarily provided, it shall not be less than 6 feet from the side lot line or 15 feet from the face of a structure on an adjacent lot, whichever is less.
C. Rear Yard: No rear yard is required. If a rear yard is voluntarily provided, it shall not be less than six (6) feet from the rear lot line.
1113.08 VB VILLAGE BUSINESS DISTRICT.
(a) Intent and Purpose: The purpose of the Village Business District is to provide areas for the location of businesses beyond the immediate neighborhood and generate a fair amount of traffic. Businesses permitted within this district shall be conducted primarily within an enclosed building. It is intended that this district be placed at intervals along arterial streets especially near intersections with major crossroads. The practice of "strip" zoning is not intended for this district.
(b) Permitted Principal Uses:
(1) Permitted principal uses within the HB Historic Business District.
(2) Art and school.
(3) Automobile repair stations.
(4) Bicycle sales and service.
(5) Blueprint and photocopy establishments.
(6) Business machine sales and service.
(7) Camera and photography sales and service.
(8) Carpet and rug sales.
(9) Catering Services.
(10) Convenience carry-out stores with drive-through facilities.
(11) Clubs.
(12) Electrical and appliance sales and service.
(13) Office supply sales.
(14) Indoor commercial recreation facilities.
(15) Department stores.
(16) Employment services.
(17) Florist.
(18) Furniture and home furnishing sales.
(19) Gift and novelty shops.
(20) Health and athletic clubs.
(21) Heating and air conditioning sales and service.
(22) Jewelry sales, service, and repair.
(23) Lawn maintenance equipment sales and service.
(24) Motels.
(25) Musical Instrument Sales.
(26) Retail nurseries.
(27) Paint, glass, and wallpaper sales.
(28) Pets and pet supply sales.
(29) Plumbing, electrical, and similar supply sales.
(30) Printing services.
(31) Professional offices.
(32) Radio and television sales and service.
(33) Restaurants.
(34) Shoe sales.
(35) Sporting good sales.
(36) Swimming pool sales.
(37) Veterinary services with or without kennels provided that any outside animal area is located a minimum of five hundred (500) feet from any residential district.
(38) Public buildings and/or uses which are supported in part by taxes or special assessments, the location of which has been fixed by studies. Such uses include but are not limited to: parks, libraries, schools, fire stations, police stations, water and waste water pumping stations, water storage facilities, public administrative offices, and community centers.
(39) Essential services.
(40) Churches.
(c) Conditional Uses; Adult Entertainment Facilities. Adult entertainment facilities, as defined in Section 1105.02
(2), shall be permitted upon application and approval of a conditional use permit under the provisions of Section 1137.02
, provided that all of the following conditions have been met:
(1) No adult entertainment facility shall be established within 2,500 feet of any area zoned for residential use.
(2) No adult entertainment facility shall be established within a radius of 2,500 feet: of any school, library or teaching facility, whether public or private, governmental or commercial, which school or teaching facility is attended by persons under eighteen years of age.
(3) No adult entertainment facility shall be established within a radius of 2,500 feet of any park or recreational facility.
(4) No adult entertainment facility shall be established within a radius of 2,500 feet of any other adult entertainment facility.
(5) No adult: entertainment facility shall be established within a radius of 2,500 feet of any church, synagogue or permanently established place of religious services.
(6) For the purposes of this section, distances shall be measured from the property lines of any lot or parcel of land which includes, or which is operated or used in connection with a building in which an adult entertainment facility is located, or in which any activity designed or referred to in this section is located.
(7) Paragraphs (a) (1) through (6) hereof, may be waived by the Board of Zoning Appeals, provided that the applicant provides affidavits of fifty-one percent of the property owners and resident freeholders within the above described radii, giving their consent to the establishment of an adult entertainment facility, and if the Board of Zoning Appeals determines that all other applicable regulations of this section will be complied with. The radii will be the boundary lines of said property.
(8) Advertisements, displays or other promotional materials shall not be shown or exhibited so as to be visible to the public from pedestrian sidewalks or walkways, or from other areas, public or semipublic, except that the business may display signage up to the allowable amount with the name of the business only.
(9) All building openings, entries, windows, etc., for adult uses shall be located, covered or serviced in such a manner as to prevent a view into the interior from any public or semi-public area, sidewalk or street. For new construction, the building shall be oriented so as to minimize any possibility of viewing the interior from public or semi-public areas.
(10) No employees of the subject establishment shall conduct themselves outside the confines of the structure in such attire and/or by such actions that are distracting, distasteful and /or detrimental to adjacent business interests, residents or passersby. No screens, loudspeakers or sound equipment shall be used for adult motion picture theaters (enclosed or drive-in) that can be seen or discerned by the public or semi-public areas.
(11) May not be permitted in any other zoning districts of the Village.
(d) Permitted Accessory Uses:
(3) Storage or supplies or merchandise within an enclosed building which are normally carried in stock in connection with a permitted use.
(4) Temporary buildings and uses as regulated in Section 1117.24.
1113.09 LI LIGHT INDUSTRIAL DISTRICT.
(a) Intent and Purpose: The purpose of the Light Industrial District is to provide space for those industrial uses which operate in a clean and quiet manner and generate only light to moderate amounts of traffic. This district is not intended for the use of industries which deal with hazardous elements or emit noise, glare, dust, odor, smoke, or possess other offensive characteristics detrimental to surrounding land uses such as large traffic generators. The intent is to create and protect efficient light industrial areas by insuring careful design, placement, and grouping of industries which will promote the protection of any adjacent residential or business activities. Land to be placed in this district is intended to have level topography, public utilities, and major transportation facilities readily available.
(b) Permitted Principal Uses: Manufacturing or industrial uses providing; such uses are not objectionable by reason of odor, radiation, noise, vibration, cinders, gas, fumes, dust, smoke, refuse matter, or wastewater generation. Public water supply and a public sanitary sewer system shall be available to the site, or the owner shall present proof that proposed on-site water and/or the Ohio Environmental Protection Agency before any Zoning Permit shall be issued to such use.
(1) Fabrication, processing, packaging and/or assembly of articles or merchandise from the following previously prepared materials: bone, canvas, cellophane, cloth, cork, feathers, felt, fiber, horn, leather, paint, paper, plastics, precious or semi-precious metals or stones, textiles, tobacco, wax, wood, and yarn.
(2) Fabrication, processing, packaging and/or manufacture of food products and condiments, excluding slaughter houses and rendering and refining of fats, oils, fish, vinegar, yeast and sauerkraut.
(3) Manufacturing, assembling or repairing of electrical and electronic products components, and equipment.
(4) Machine shops and tool and die shops.
(5) Lumber yards including incidental millwork, coal, brick, and stone.
(6) Recycling center collection points, provided materials are kept in an enclosed building.
(7) Warehouses and warehouse distribution centers.
(8) Research and engineering laboratories.
(9) Cold storage and frozen food lockers.
(10) Publishing and printing.
(11) Automobile repair and painting but no commercial wrecking, dismantling or salvage yard.
(12) Auto service station.
(13) Parcel post delivery stations.
(14) Radio and television stations.
(15) Public buildings and/or uses which are supported in whole or in part by taxes or special public assessments, the location of which has been fixed by studies. Such uses include but are not limited to: wastewater pumping, and storage facilities; sanitary landfills as regulated in Section 1117.22
; fire stations; police stations; parks; and public maintenance facilities.
(c) Accessory Uses:
(3) Temporary buildings as regulated in Section 1117.24.
(4) Storage of materials within an enclosed building normally utilized in connection with a permitted use.
(5) Accessory land areas as regulated in Section 1137.02.
(d) Conditional Uses: The following uses shall be permitted only in accordance with Section 1137.02:
(2) Manufacturing or industrial enterprise operations, or processes similar to any permitted principal use provided that any resulting cinders, dust, flashing, fumes, gas, noise, odor, refuse matter, smoke, vapor or vibration is no greater or more detrimental to the neighborhood than the above specified uses, that no extra fire hazard is created, and that the proposed use is determined by the Board of Zoning Appeals to be of the same general character as the above uses.
(4) Private sanitary landfills in accordance with Section 1117.22.
1113.10 HI HEAVY INDUSTRIAL DISTRICT.
(a) Intent and Purpose: The purpose of the Heavy Industrial District is to create and protect areas for industries which require large sites and should be isolated from other land uses by virtue of their external effects such as heavy traffic generation, open storage materials, and possible emission of noise, glare, dust, odor, smoke, or other offensive characteristics. This district is intended to insure proper design, placement, and grouping of all types of industries of this nature within the Village so as not to create a nuisance to other surrounding land uses. Land to be placed in this district is intended to have level topography, sufficient public utilities, and major transportation facilities readily available
(b) Permitted Principal Uses: Manufacturing or industrial uses but not limited to the following uses. Public water supply and a public sanitary sewer system shall be available to the site or the owner shall present proof that proposed on-site water and/or sewage disposal facilities have been approved by Greene County Health Department and/or the Ohio Environmental Protection Agency before any Zoning Permit shall be issued to such use.
(1) Any principal use permitted in the LI Light Industrial District.
(2) Automotive, tractor, trailer, farm implement assembly or manufacture.
(3) Boiler shops, machine shops, structural steel fabricating shops, or metal working shops.
(4) Manufacturing of cement products, including ready mix concrete batching plants.
(5) Contractor sales, storage, and equipment yards.
(6) Flour or grain mills.
(7) Manufacture of glass products, pottery, figurines or similar products using previously pulverized clay.
(8) Truck terminals provided that truck entrances and exits are on to streets where pavement width is at least thirty (30) feet.
(9) Mobile home and recreational vehicle storage.
(10) Manufacture and storage of building materials.
(12) Public buildings and/or uses which are supported in whole or in part by taxes or special public assessments, the location of which has been fixed by studies. Such uses include but are not limited to: water treatment and pumping facilities; wastewater treatment and pumping facilities; sanitary landfills in accordance with Section 1117.22
; fire stations; police stations; parks; and public maintenance facilities.
(13) Essential services.
(c) Accessory Uses:
(1) Indoor or outdoor normally utilized in connection with a permitted use.
(4) Temporary buildings or uses as regulated in Section 1117.24.
(5) Accessory land areas as regulated in Section 1117.31.
(d) Conditional Uses: The following uses shall be permitted only in accordance with Section 1137.02:
(1) Mineral extraction operations as regulated in Section 1117.23.
(2) Storage facilities for fuels, coal, chemicals, or other flammable or toxic materials.
(3) Manufacture of asphalt and asphalt products.
(4) Manufacture and storage of fertilizer and compost.
(5) Solid waste reduction and/or recycling facilities.
(6) Junk yards as regulated in Section 1117.21.
(7) Manufacturing or industrial enterprises, operations, or processes similar to any permitted principal use provided that any resulting cinders, dust, flashing, fumes, gas, noise, odor, refuse matter, smoke, vapor, or vibration shall not be greater or more detrimental to the neighborhood than the above specified uses and that no extra fire hazards be created.
1113.11 FLOOD PLAIN RIVER PROTECTION OVERLAY.
(a) Findings of Fact: Certain areas of the Village are subject to periodic inundation which could result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extra-ordinary public expenditures for flood protection and relief, and impairment of the tax base; all of which adversely affect the public health and safety. These flood losses are caused by the cumulative effect of obstructions in flood hazard areas causing increases in flood heights and velocities, and when inadequately anchored, damage to uses in other areas. Uses that are inadequately floodproofed, elevated, or otherwise protected from flood damage also contribute to the flood loss.
(b) Purpose: The purpose of the Flood Plain River Protection Overlay is to prevent the loss of property and life, the creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief, and the impairment of the tax base. In addition, these provisions are intended to accomplish the following:
(1) To protect the natural floodwater storage capacity of river flood plains by restricting uses which are dangerous to health, safety, and property in times of flooding or cause excessive increases in flood heights and velocities;
(2) To require that uses vulnerable to floods, including facilities which serve the above uses, be protected and/or floodproofed against flooding and flood damage at the time of construction, and to prevent flood damages and associated public relief expenditures created by improper construction in the flood plain;
(3) To protect individuals from buying lands which are unsuited for intended purposes due to flood hazard;
(4) To protect watercourses, tributaries, thereto associated with flood plains, and adjoining woodlands and wetlands for value as water retention and water recharge areas;
(5) To provide for the protection, preservation, proper maintenance and use of rivers and streams and their flood plains in order to preserve and conserve the quality, clarity and free flowing condition of their waters, to protect fish and wildlife habitat, to prevent erosion of stream banks, maintain cool water temperatures, lessen the impact of siltation on stream waters, and to preserve and protect valuable resources in the interest of present and future generations; and
(6) To permit reasonable and compatible uses of land which compliment the natural functions and characteristics of watercourses and their flood plains and further the purposes of this overlay.
(c) Applicability of Flood Plain Overlay to Existing Zoning District: The provisions of this section shall be applicable to all lands shown as being located within the boundaries of the Flood Plain Overlay on the Zoning Map and shall be supplemental to the regulations of the underlying zoning district. Where the requirements of this section are in conflict with the regulations of the underlying district, the more restrictive regulations shall apply.
(d) Warning and Disclaimer of Liability: The degree of flood protection sought by the provisions of this overlay is considered reasonable for regulatory purposes and is based on accepted engineering methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by man-made or natural causes such as ice jams and bridge openings restricted by debris. This overlay does not imply that areas outside the one-hundred (100) year flood plain or that land uses permitted within, will be free from flooding and flood damages. The creation of the Flood Plain River Protection Overlay shall not create liability on the part of the Village or any officer or employee thereof for any flood damages that result from reliance on this Zoning Regulation or any administrative decision lawfully made thereunder.
(e) Boundaries of Overlay: The Flood Plain River Protection Overlay shall include all areas subject to inundation by waters of the one-hundred (100) year flood. The basis for including areas within the overlay shall be the engineering report entitled "Flood Insurance Study, Greene County, Ohio Unincorporated Areas: dated April 1, 1981, and "Flood Insurance Study, Village of Cedarville Valley. Ohio", July 1980, as amended and prepared by the U.S. Department of Housing and Urban Development, Flood Insurance Administration. This study, with accompanying maps and any revisions thereto, is hereby adopted by reference and declared to be part of this Zoning Regulation. One (1) copy of The Flood Insurance Study is to be kept on file in the office of the Zoning Inspector of the Village. The Flood Plain River Protection Overlay is hereby divided into three (3) areas in accordance with the above mentioned study: "Floodway", "Floodway Fringe", and "General Flood Plain".
(f) Authorized Uses Within the Overlay: The only uses permitted to located within the Flood Plain River Protection Overlay are in Section 1113.12
. In most cases, the uses within the underlying Zoning district are permitted, except where a use would, by nature of such use, pose a health and safety threat in times of flooding.
(1) Floodway: The floodway of the regulatory floodplain is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and erosion potential. The following provisions apply within all floodway areas:
A. Prohibit encroachment, including filling, new construction, substantial improvement and other developments.
B. Permitted uses in association with the underlying zoning district shall include: agriculture, accessory parking not including a building, parks, recreation, yards and open space.
(2) Floodway fringe: within the floodway fringe of the regulatory floodplain filling for the elevation of structures permitted within the underlying zoning district may be permitted. Such filling shall comply with the requirements as stipulated in the appropriated State or County Building Code.
1113.12 PLANNED UNIT DEVELOPMENTS.
(a) Intent: The purpose of this Section is to permit creation of new planned developments where variations of designs, uses and densities are allowed on application and approval of specific and detailed plans, where tracts suitable in location and character for the uses and structures proposed are adapted to unified planning and to development as units. Applications for Planned Unit Development will be granted only when the project is such that the public health, safety and general welfare will not be jeopardized by the departure from the restrictions on corresponding uses in the standard zoning districts.
(b) Objectives for Planned Unit Development: It shall be the policy of the Village to promote progressive development of land and construction thereon by encouraging planned unit developments in order to achieve:
(1) A maximum choice of living environments by allowing a variety of housing and building types and permitting a review of density per acre, lot dimensions, yards, building setbacks and area requirements.
(2) A more useful pattern of open space and recreation areas and, if permitted as part of the project, more convenience in the location of accessory commercial uses and services.
(3) A development pattern which preserves and utilizes natural topography and geologic features, scenic vistas, trees and other vegetation, and prevents the disruption of natural drainage patterns; and
(4) A development pattern in harmony with land use density, transportation facilities, and other community facilities and infrastructure elements.
(c) Conflict with Other Provisions: Because of the special characteristics of Planned Unit Development, special provisions governing the development of land are required. Whenever there is a conflict or difference between the provisions of this section and those of the other section of this Zoning Regulation, except those regarding flood plains, the provisions of the section shall prevail for the development of land as a Planned Unit Development. Subjects not covered in this section shall be governed by the respective provisions found elsewhere in this Zoning Regulation.
(d) Minimum Project Area: The minimum gross area of any Planned Unit Development project shall be in accordance with the following table:
District
RS-2 | 5 acres |
RS-4 | 5 acres |
RT-4 | 5 acres |
RM-8 | All PUD |
R-MH | All PUD |
H-B | 20,000 square feet |
V-B | 5 acres |
LI | 5 acres |
HI | 5 acres |
(e) Project Ownership: The project land may be owned, leased or controlled by a single person or corporation, or by a group of individuals or corporations. Evidence that the applicant has sufficient control over the tract to effect the proposed plan shall be required. This shall include a statement of all the ownership and interests in the tract.
(f) Provisions Continue After Land Sale: If all or any portion of property in the Planned Unit Development project is sold, the Planned Unit Development obligation shall continue for the new owners regardless of the acreage involved in the sale.
(g) Underground Utilities Required: Underground utilities, including telephone and electrical systems, are required within the limits of all Planned Unit Developments. Appurtenances of these systems which can be effectively screened may be excepted from the requirement if the Planning Commission finds that such exemption will not violate the intent or the character of the proposed Planned Unit Development.
(h) Identifying Planned Unit Developments on the Zoning Map: Areas approved for Planned Unit Development will be identified on the Zoning Map by indicating "PUD-Case No. _________". The appropriate case number is to be included in place of the blank. Any approved Zoning District for the area involved will also be marked on the map. The boundaries of the approved Planned Unit Development area will be marked to clearly identify the specific area included.
(j) Residential Planned Unit Developments:
(1) Permitted Uses: See listing of permitted, accessory and conditional uses within the underlying zoning district and Section 1137.05
. The number of dwelling units per dwelling structure may be varied. No mobile home shall be mixed with any other residential uses.
(2) Maximum Residential Density: The maximum number of dwelling units per gross project area shall not exceed that shown on the following chart:
DISTRICT | MAXIMUM NUMBER OF DWELLING UNITS PER ACRE |
RS-2 | 2.0 |
RS-4 | 4.0 |
RT-4 | 4.0 |
RM-8 | 8.0 |
(3) No more than one dwelling per acre where no central sewer is available.
(4) Site Planning: Buildings and establishments shall be planned as groups having common parking areas and common ingress and egress points in order to reduce the number of potential accident locations at intersections with thoroughfares. The plan of the project shall provide for the integrated and harmonious design of buildings, and for adequate and properly arranged facilities for internal traffic circulation, landscaping and such other features and facilities as may be necessary to make the project attractive and efficient from the standpoint of the adjoining and surrounding existing or potential developments. All areas designed for future expansion or not intended for immediate improvement or development shall be landscaped or otherwise maintained in a neat and orderly manner.
(5) Land Coverage by Buildings: To be determined by the Planning Commission in consideration of developers' recommendations. In no case, shall land coverage for the entire project area exceed that permitted under the standard district requirements.
(6) Building Height Regulations: For each foot of building height over the maximum height regulation specified in the underlying zoning district, the distance between such buildings and the side and rear property lines of a Planned Unit Development project shall be increased by a one (1) foot addition to the side and rear yard required in the district.
(7) Accessory Parking: See Chapter 1121. These requirements may be varied if proven to be excessive due to use of planned unit development.
(8) Signs: All signage stipulations and requests shall be submitted prior to final approval of a Planned Unit Development. See Chapter 1125 for size and location of permitted signs.
(k) Non-residential Planned Unit Developments:
(1) Permitted Uses: See Section 1137.05
for listing of permitted, accessory, and conditional uses within the underlying zoning district.
(2) Land Coverage by Buildings: To be determined by the Planning Commission in consideration of developers' recommendations. In no case shall land coverage by buildings for the entire project area exceed that permitted under the standard district regulations
(3) Building Height Regulations: For each foot of building over the maximum height regulations specified in the underlying district, the distance between such buildings and the side and rear property lines of a Planned Unit Development project shall be increased by a one (1) foot addition to the side and rear yard required in the district.
(4) Accessory Parking: See Chapter 1121. These requirements may be varied if proven to be excessive due to use of Planned Unit Development.
(5) Signs: All signage stipulations and requests shall be submitted prior to final approval of a Planned Unit Development. See Chapter 1125, for size and location of permitted signs.
(l) Conditional Uses Within Planned Unit Development (PUD): In areas of a proposed PUD without a specific site plan, the Planning Commission and Council will specify an underlying zoning district and may list conditional uses the Board of Zoning Appeals can allow in the PUD.
1113.13 PUBLIC AND INSTITUTIONAL DISTRICT (PI).
(a) Intent and Purpose: It is the intent and purpose of the Public and Institutional District to recognize the development and character of public and educational institutions in the village and to provide for future expansion.
(b) Permitted Uses:
(1) Public or private schools
(2) Cultural activities
(3) Recreational facilities
(4) Student and faculty housing
(5) Essential services
(6) Public utilities
(c) Permitted Accessory Uses: May be granted upon application.
(d) Conditional Uses: Other uses which are determined to be clearly incidental to and serving the needs of the principal permitted use as determined by the Board of Zoning Appeals.
(e) Minimum Dimensional Requirements: All structures shall be set back a minimum of 60 feet from any property line.
1113.14 MINIMUM DIMENSIONAL REQUIREMENTS.
Minimum dimensional requirements for each district shall apply as shown in the following table.
MINIMUM LOT AREA PER FAMILY OR PER PRINCIPAL STRUCTURE | MINIMUM YARD REQUIREMENTS | ||||||||||
ZONING DISTRICT | PERMITTED PRINCIPAL USES | ON-SITE WATER & SEWER (a) | CENTRAL WATER & SEWER | MINIMUM LOT FRONTAGE | MINIMUM CORNER LOT FRONTAGE | FRONT (b)(e) | SIDE ONE | TOTAL BOTH | REAR | MAXIMUM HEIGHT | MAXIMUM LOT COVERAGE |
RS-2 | Section 1113.02(b) | 1 Acre | 15,000 Sq. Ft. | 100 ft. | 125 ft. | 35 ft. | 10 ft. | 25 ft. | 50 ft. | 35 ft. | 20% |
RS-4 | Section 1113.03(b) | 1 Acre | 10,000 Sq. Ft. | 80 ft. | 125 ft. | 35 ft. | 10 ft. | 20 ft. | 40 ft. | 35 ft. | 30% |
RT-4 | Single-Family Dwelling | 1 Acre | 10,000 Sq. Ft. | 80 ft. | 125 ft. | 35 ft. | 10 ft. | 20 ft. | 40 ft. | 35 ft. | 30% |
Two-Family Dwellings | Not Permitted | 8,000 Sq. Ft. | 110 ft. | 125 ft. | 40 ft. | 10 ft. | 25 ft. | 40 ft. | 35 ft. | ||
All Other Permitted Uses in Section 1113.04(b) | 1 Acre | 1 Acre | 150 ft. | 150 ft. | 40 ft. | 10 ft. | 25 ft. | 40 ft. | 35 ft. | ||
RM-8 | Two-Family Dwellings | Not Permitted | 6,000 Sq. Ft. | 100 ft. | 125 ft. | 35 ft. | 10 ft. | 25 ft. | 30 ft. | 35 ft. | 30% |
Multiple Family Dwellings | Not Permitted | 5,000 Sq. Ft. | 130 ft. | 130 ft. | 35 ft. | 20 ft. | 40 ft. | 30 ft. | 35 ft. | ||
All Other Permitted Uses in Section 1113.05(b) | Not Permitted | 1 Acre | 150 ft. | 150 ft. | 35 ft. | 20 ft. | 40 ft. | 30 ft. | 35 ft. | ||
R-MH | As regulated in Section 1113.06 | ||||||||||
HB | As regulated in Section 1113.07 | ||||||||||
VB | Section 1113.08(b) | 1 Acres | 20,000 Sq. Ft. | 100 ft. | 125 ft. | 40 ft. | 15 ft. (c) | 30 ft. (c) | 50 ft. | 35 ft. | 30% Buildings 85% Total |
LI | Section 1113.09(b) | 2 Acres | 20,000 Sq. Ft. | 100 ft. | 125 ft. | 40 ft. | 15 ft. (d) | 30 ft. (d) | 50 ft. (d) | 35 ft. | 30% Buildings 75% Total |
HI | Section 1113.10(b) | 5 Acres | 20,000 Sq. Ft. | 100 ft. | 125 ft. | 50 ft. | 20 ft. (d) | 50 ft. (d) | 50 ft. (d) | 35 ft. | 40% Buildings 85% Total |
PUD | |||||||||||
(a) Lot size shown is the required minimum. Final lot size shall be subject to approval by the Greene County Health Department or the Ohio Environmental Protection Agency, whichever is appropriate.
(b) A minimum setback of seventy (70) feet shall be required along major thoroughfares or where off-street parking is provided within the front yard
(c) Side yards abutting residential districts shall be a minimum of fifty (50) feet. However, where some natural barrier such as a bike path, stream, or limited access highway intervenes, the Board of Zoning Appeals may reduce this requirement.
(d) Side yards and rear yards abutting residential districts shall be a minimum of 200 feet for Industrial districts. However, where some natural barrier, such as a railroad, stream, or limited access highway intervenes, the Board of Appeals may reduce this minimum requirement.
(e) When a block is substantially developed (over 50% of the lots having frontage thereon) and the average front yard setback is less than the setback required by these regulations, then new construction may be permitted at the average setback of the block.