(a)

R-1 single-family residential districts. Within R-1 single-family residential districts, the following uses are permitted:

(1)

Single-family dwellings.

(2)

Accessory buildings and uses when located on the same lot or parcel of land as the main structure and customarily incident thereto, and provided the requirements in section 66-211 are met.

(3)

Fallout shelters, provided the requirements in section 66-212 are met.

(4)

Home swimming pool, provided the location is not closer than ten feet to any property line and the pool is enclosed by a wall or fence of at least four feet in height, and provided approval from the county health department has been obtained.

(5)

Agricultural, forestry, livestock and poultry production, provided that the operation is conducted on a tract of land not less than ten acres in area, and that no structure containing poultry or livestock and no storage of manure or odor or dust producing substance or use shall be located within 200 feet of a property line, provided, however, any such structure existing at the time of passage of the ordinance from which this chapter is derived shall be allowed to extend to the existing building line but no nearer the property line than any existing portion of such structure. All animals, except those generally recognized as pets, shall be kept in a structure pen or corral.

(6)

Churches and related accessory buildings, provided they are located on a lot fronting an arterial or collector street and are placed not less than 50 feet from any property line.

(7)

Home occupations, provided the requirements in section 66-213 are met.

(8)

Kindergartens, playschools and day care center homes.

(9)

Private schools and libraries, excluding business and trade schools.

(10)

Public utility structures and buildings, provided that the installation is properly screened. No office shall be permitted and no equipment shall be stored on the site.

(11)

Golf, swimming, tennis or country clubs, privately owned and operated community clubs or associations, athletic fields, parks, and recreation areas, provided that no building for such purposes is located within 100 feet of any property line.

(b)

R-2 single-family residential districts. Within the R-2 single-family residential districts, the following uses are permitted:

(1)

Single-family dwellings.

(2)

Accessory buildings and uses when located on the same lot or parcel of land as the main structure and customarily incident thereto, provided the requirements in section 66-211 are met.

(3)

Fallout shelters, provided the requirements in section 66-212 are met.

(4)

Home swimming pool, provided the location is not closer than ten feet to any property line and the pool is enclosed by a wall or fence at least four feet in height, and provided approval from the county health department has been obtained.

(5)

Agricultural forestry, livestock and poultry production, provided that the operation is conducted on a tract of land not less than ten acres in area, and that no structure containing poultry or livestock and no storage of manure or odor or dust producing substance or use shall be located within 200 feet of a property line; provided, however, any such structure existing at the time of passage of the ordinance from which this chapter is derived shall be allowed to extend to the existing building line but no nearer the property line than any existing portion of such structure. All animals, except those generally recognized as pets, shall be kept in a structure pen or corral.

(6)

Churches and related accessory buildings, provided they are located on a lot fronting an arterial street and are placed not less than 50 feet from any property line.

(7)

Home occupations, provided the requirements in section 66-213 are met.

(8)

Kindergartens, playschools and day care centers and homes.

(9)

Private schools and libraries, excluding business or trade schools.

(10)

Public utility structures and buildings, provided that the installation is properly screened and services only the immediate area. No office shall be permitted and no equipment shall be stored on the site.

(11)

Golf, swimming, tennis or country clubs, privately owned and operated community clubs or associating athletic fields, parks, and recreation areas, provided that no building for such purposes is located within 100 feet of any property line.

(c)

R-2A two-family residential districts. Within the R-2A two-family residential districts, the following uses are permitted:

(1)

Single-family dwellings.

(2)

Two-family dwellings (duplexes).

(3)

Accessory buildings and uses when located on the same lot or parcel of land as the main structure and customarily incident thereto, provided the requirements in section 66-211 are met.

(4)

Fallout shelters, provided the requirements in section 66-212 are met.

(5)

Home swimming pool, provided the location is not closer than ten feet to any property line and the pool is enclosed by a wall or fence at least four feet in height, and provided approval from the county health department has been obtained.

(6)

Agricultural, forestry, livestock and poultry production, provided that the operation is conducted on a tract of land not less than ten acres in area, and that no structure containing poultry or livestock and no storage of manure or odor or dust producing substance or use shall be located within 200 feet of a property line; provided, however, any such structure existing at the time of passage of the ordinance from which this chapter is derived shall be allowed to extend to the existing building line but no nearer the property line than any existing portion of such structure. All animals, except those generally recognized as pets, shall be kept in a structure, pen or corral.

(7)

Churches and related accessory buildings, provided they are located on a lot fronting an arterial street and are placed not less than 50 feet from any property line.

(8)

Home occupations, provided the requirements in section 66-213 are met.

(9)

Kindergartens, playschools and day care centers and homes.

(10)

Private schools and libraries, excluding business or trade schools.

(11)

Public utility structures and buildings, provided that the installation is properly screened and services only the immediate area. No office shall be permitted and no equipment shall be stored on the site.

(12)

Golf, swimming, tennis or country clubs, privately owned and operated community clubs or associating athletic fields, parks and recreation areas, provided that no building for such purposes is located within 100 feet of any property line.

(d)

R-3 multifamily residential district. Within the R-3 multifamily residential district, the following uses are permitted:

(1)

Single-family dwellings.

(2)

Two-family dwellings (duplexes).

(3)

Multifamily dwellings.

(4)

Accessory buildings and uses when located on the same lot or parcel of land as the main structure and customarily incident thereto, provided the requirements in section 66-211 are met.

(5)

Fallout shelters, provided the requirements in section 66-212 are met.

(6)

Home swimming pool, provided the location is not closer than ten feet to any property line and the pool is enclosed by a wall or fence at least four feet in height, and provided approval from the county health department has been obtained.

(7)

Agricultural, forestry, livestock and poultry production, provided that the operation is conducted on a tract of land not less than ten acres in area, and that no structure containing poultry or livestock and no storage of manure or odor or dust producing substance or use shall be located within 200 feet of a property line; provided, however, any such structure existing at the time of passage of the ordinance from which this chapter is derived shall be allowed to extend to the existing building line but no nearer the property line than any existing portion of such structure. All animals, except those generally recognized as pets, shall be kept in a structure pen or corral.

(8)

Churches and related accessory buildings, provided they are located on a lot fronting an arterial or collector street and are placed not less than 50 feet from any property line.

(9)

Home occupations, provided the requirements in section 66-213 are met.

(10)

Kindergartens, playschools and day care centers and homes.

(11)

Private schools and libraries.

(12)

Public utility structures and buildings, provided that the installation is properly screened as required in section 66-90. No equipment shall be stored on the site.

(13)

Golf, swimming, tennis or country clubs, privately owned and operated community clubs or associations, athletic fields, parks and recreation areas, provided that no building for such purposes is located within 100 feet of any property line.

(14)

Hotels and apartment hotels.

(15)

Office buildings exclusively used for professional occupancy and of such character and nature that such use will not adversely affect adjacent and nearby residential properties.

(16)

Hospitals, sanitariums, clinics, convalescent or nursing homes.

(17)

Clubs, lodges and boardinghouses.

(18)

Mobile home parks, provided the requirements in section 66-209 are met.

(19)

Townhouses, provided that the requirements in section 66-210 are met.

(Code 1992, app. A, § 71)

(a)

C-1 neighborhood commercial district.

(1)

Required conditions. All business, servicing, storage or processing shall be conducted within a completely enclosed building except where the nature of the activity makes it impossible as for example, off-street loading, automobile parking for customers while on the premises, miniature golf courses, and the sale of automobile fuel at service stations. Uses, processes or equipment employed shall be limited to those which are not objectionable by reason of odor, dust, bright lights, smoke, noise or vibration.

(2)

Permitted uses. Within the C-1 neighborhood commercial district, the following uses are permitted:

a.

Any retail business or commercial use in which there is no processing or treatment of materials, goods or products except as provided for, including:

1.

Appliance store, including radio and television service.

2.

Art and antique shop.

3.

Bakery employing not more than ten persons.

4.

Bank and drive-in bank.

5.

Bicycle or motorcycle store.

6.

Book, stationery, camera or photographic supply store.

7.

Confectionery store.

8.

Clothing, shoe, millinery, dry goods and notions.

9.

Drug store.

10.

Ice cream parlor.

11.

Furniture, home furnishings, including office furniture and equipment.

12.

Florist, nursery and gift shop.

13.

Grocery, fruit, vegetable, meat market, delicatessen, catering and super markets.

14.

Hardware and paint store.

15.

Jewelry store.

b.

Any of the following service businesses:

1.

Barbershop and beauty shop.

2.

Cafe, grills, lunch counters, and restaurants, but not including nightclubs, bars, taverns and drive-in restaurants.

3.

Dress making and tailoring shops.

4.

Laundry and dry cleaning pickup stations, and self-service laundry.

5.

Shoe repair shops.

c.

Office buildings.

d.

Bowling alleys, and billiard rooms.

e.

General farming and horticulture.

f.

Single-family and two-family dwellings provided the lot requirements in the R-2A residential zoning district are met.

g.

Accessory buildings and uses when located on the same lot or parcel of land as the main structure and customarily incident thereto, provided the requirements in section 66-211 are met.

h.

Home swimming pool, provided the location is not closer than ten feet to any property line and the pool is enclosed by a wall or fence at least four feet in height, and provided approval from the county health department has been obtained.

i.

Fallout shelters, provided the requirements in section 66-212 are met.

j.

Signs as provided in chapter 46.

(b)

C-2 general commercial district.

(1)

Required conditions. All business, servicing, storage or processing shall be conducted within a completely enclosed building except where the nature of the activity makes it impossible as for example, off-street loading, automobile parking for customers while on the premises, miniature golf courses, and the sale of automobile fuel at service stations. Use, processes or equipment employed shall be limited to those which are not objectionable by reason of odor, dust, bright lights, smoke, noise, or vibration.

(2)

Permitted uses. Within the C-2 general commercial district, the following uses are permitted:

a.

Any retail business or commercial use in which there is no processing or treatment of materials, goods, or products except as provided for, including:

1.

Appliance store including radio and television service.

2.

Art and antique shop.

3.

Bakery employing not more than ten persons.

4.

Bank and drive-in bank.

5.

Bicycle or motorcycle store.

6.

Book, stationery, camera or photographic supply store.

7.

Confectionery store.

8.

Clothing, shoe, millinery, dry goods and notions.

9.

Drug store.

10.

Ice cream parlor.

11.

Furniture, home furnishings, including office furniture and equipment.

12.

Florist, nursery and gift shop.

13.

Grocery, fruit, vegetable, meat market, delicatessen, catering and super markets.

14.

Hardware and paint store.

15.

Jewelry store.

b.

Any of the following service businesses:

1.

Barbershop and beauty shop.

2.

Cafe, grills, lunch counters, and restaurants.

3.

Dress making and tailoring shops.

4.

Laundry and dry cleaning pickup stations, and self-service laundry.

5.

Shoe repair shops.

c.

Office buildings.

d.

Bowling alleys, and billiard rooms.

e.

General farming and horticulture.

f.

Bus and railroad terminal facilities.

g.

Accessory buildings and uses when located on the same lot or parcel of land as the main structure and customarily incident thereto, provided the requirements in section 66-211 are met.

h.

Home swimming pool, provided the location is not closer than ten feet to any property line and the pool is enclosed by a wall or fence at least four feet in height, and provided approval from the county health department has been obtained.

i.

Fallout shelters, provided the requirements in section 66-212 are met.

j.

Signs as provided in chapter 46.

k.

Automobile service station provided the requirements in section 66-214 are met.

l.

Temporary tents for revivals.

m.

Theater, but not including drive-in theaters.

n.

Public utility structures and buildings, including electric and natural gas, substations, telephone exchanges, radio and television stations, and similar structures for the storage of supplies, equipment or service operations when properly screened.

o.

Churches and other places of worship with attendant education and recreational buildings.

p.

Kindergartens, playschools, and day care centers.

q.

Golf, swimming, tennis or country clubs, privately owned and operated community clubs or associations, athletic fields, parks and recreational area.

r.

Private clubs, fraternal orders or lodges.

s.

Hospitals, clinics, sanitariums, convalescent or nursing homes.

t.

Commercial parking garage or lot provided no entrance or exit be on the same side of the street and within the same block as a school and that curb breaks be limited to two for each 100 feet of street frontage, each not to exceed 30 feet in width and not located closer than 20 feet to a street intersection.

u.

Temporary uses, including sale of Christmas trees, carnivals, church bazaars, sale of seasonal fruit and vegetables from roadside stands, but such use not permitted for a period to exceed two months in any calendar year.

v.

Multifamily dwellings, provided the requirements in the R-3 residential district are met.

w.

Bottling works for soft drinks.

x.

Printing, blue printing, book binding, photostating, lithography and publishing establishments.

y.

Undertaking or mortuary establishments, and ambulance services.

z.

All uses of a predominantly retail nature, including:

1.

Electrical supplies.

2.

Heating and plumbing equipment.

3.

Dairy products.

4.

Bakeries.

5.

Tires, batteries, and other automotive accessories.

6.

Sporting goods.

7.

Farm and garden supplies.

8.

Finance, insurance, and real estate offices.

aa.

Nightclubs, bars, taverns and retail beer and liquor stores.

bb.

Public utility structures and buildings, including electric and natural gas substations, telephone exchanges, radio and television stations, and similar structures for the storage of supplies, equipment or service operations when properly screened as required in section 66-90.

cc.

Private schools and libraries.

dd.

Motels, hotels and apartment hotels.

ee.

Food locker plant renting lockers for the storage of food, including sale of retail, delivery, and cutting package of meats but not including slaughtering.

ff.

Automobile, travel trailer, farm equipment and implements, and mobile home sales (new and used) which need not be enclosed, but any mechanical or body repair must be conducted entirely within a structure which shall not have any opening, other than a stationary window, within 100 feet of a residential district and provided further that all vehicles on a used car sales lot must be in operating condition at all times.

gg.

Automobile repair garage, mechanical and body, provided all operations are conducted in a building which shall not have any opening, other than a stationary window, within 100 feet of a residential district and which shall not store or otherwise maintain any parts or waste material outside such buildings.

hh.

Drive-in restaurants.

ii.

Milk bottling and distribution and ice cream manufacture.

jj.

Places of assembly including auditoriums, stadiums, coliseums and dance halls.

kk.

Produce and farmers markets.

ll.

Dry cleaning and laundry establishments.

(Code 1992, app. A, § 72; Ord. No. 92-10, 12-1-1992)

Within the M-1 wholesale and light industrial district, the following uses are permitted:

(1)

All permitted uses in a C-2 general commercial district except that all new dwellings shall be prohibited and all existing dwellings shall be a conforming use.

(2)

Ice plants.

(3)

Automobile laundry or carwash provided that a paved area shall be located on the same lot for the storage of vehicles awaiting entrance to the washing process sufficient to contain a number of vehicles, at 200 square feet per vehicle, equal to one-third of the practical hourly capacity of the washing machines and in addition that curb breaks be limited to two, each not to exceed 30 feet in width, and located not closer than 20 feet to an intersection.

(4)

Contractor's storage and equipment yards when located entirely within a building or fenced area as required in section 66-90.

(5)

Building and lumber supply establishments provided entire storage area is properly screened as required in section 66-90, or of a greater height as required to adequately screen such areas, and that any machine operations be conducted entirely within a building which shall not have any opening, other than a stationary window, within 100 feet of a residential district.

(6)

Establishments for manufacture, repair, assembly or processing, including:

a.

Confectionery manufacture.

b.

Clothing and garment manufacture.

c.

Laboratories for testing materials, chemicals analysis photography processing.

d.

Manufacture and assembly of scientific, optical and electronic equipment.

e.

Manufacture of musical instruments and parts.

f.

Manufacture of souvenirs and novelties.

g.

Manufacture of toys, sporting and athletic goods.

(7)

Wholesale warehouses.

(8)

Drive-in theaters, provided acceleration and deceleration lanes of at least 200 feet in length are provided for the use of vehicles entering or leaving the theater and the volume or concentration of traffic will not constitute a safety hazard or unduly impede highway traffic movement, and provided that the screen is not visible from any expressway, freeway, arterial or collector street located within 2,000 feet of such screen.

(9)

Truck terminals, provided that acceleration and deceleration lanes of at least 200 feet are provided for trucks entering or leaving the site and that the truck traffic so generated will not create a safety hazard or unduly impede traffic movement.

(10)

Auto auctions.

(11)

Development of natural resources, including the removal of minerals and natural materials together with necessary buildings, machinery and appurtenances related thereto, provided:

a.

Quarry areas being excavated shall be entirely enclosed within a fence of a minimum height of three feet located at least ten feet back from the edge of any excavation.

b.

The operators or owners of a new operation of the quarry shall present to the building inspector comprehensive plans and proposals for the reuse of the property at the cessation of the quarry operation. Any extension of quarrying operations beyond the property lines actually being quarried at the effective date of the ordinance from which this chapter is derived shall be considered as a new operation.

(12)

Trade shops, including sheet metal, roofing, upholstery, electrical, plumbing, Venetian blind, cabinet making and carpentry, rug and carpet cleaning and sign painting provided that all operations are conducted entirely within a building which shall not have any opening, other than stationary windows, within 100 feet of any residential district.

(13)

Food processing plants, such as bakeries, meat packers, fish and poultry houses.

(14)

Frozen dessert and milk processing plants.

(15)

Any other establishments for the manufacture, repair, assembly, or processing of materials, similar in nature to those listed in subsection (6) of this section which are not objectionable by reason of smoke, dust, odors, bright lights, noise or vibration, or which will not contribute to the congestion of traffic.

(16)

Junkyards provided the following provisions are met:

a.

No such operation shall be permitted to locate closer than 1,500 feet to a residential district and no closer than 150 feet to any property line.

b.

No such operation shall be permitted to locate on or facing a state or federal highway.

c.

All such operations shall be completely enclosed by an opaque fence or wall, except driveway areas, having a minimum height of six feet, but in no case less than such a height as will effectively screen all operations from view.

d.

The number of vehicular driveways permitted on any single street frontage shall be limited to one per 500 feet with a maximum of 20 feet driveway width.

(Code 1992, app. A, § 73; Ord. No. 97-5, 11-10-1997)

(a)

Planned unit development district (PUD). The requirements for PUD planned unit development districts are as follows:

(1)

Intent of district. The purpose of the planned unit development district is to offer developers the benefits of efficiency, economy, and flexibility by encouraging the unified development of large sites, while deriving for the city the advantages of improved appearance, compatibility of uses, optimum service by community facilities, and better handling of vehicular access and circulation. Review of development plans assures that such large-scale developments are consistent with the objectives of the community's comprehensive plan.

(2)

Permitted uses. Within the PUD planned unit development district, the following uses are permitted:

a.

Any use permitted in the R-1 residential district except that any public use shall serve only the residents of the PUD.

b.

Two-family dwellings (duplexes).

c.

Townhouses, provided that the requirements in section 66-210 are met.

d.

Multifamily dwellings.

e.

Accessory uses, such as private garages and parking areas.

f.

Retail and service uses limited to the following: grocery, confectionery, bakery, newspaper, drug, or hardware store, or barber, beauty, radio/TV repair, laundry pickup or laundromat, watch repair or shoe repair establishments, or doctor, dentist, or similar professional office, provided that:

1.

Only business signs are permitted and no neon or directly illuminated sign shall be used either on the exterior or in windows, and all signs shall be attached flat to the face of the building;

2.

Off-street parking and loading requirements as indicated in sections 66-85 and 66-86 are met;

3.

Retail and service uses are designed for the service and convenience of the population living within the PUD. No more than five percent of the total floor space in the project shall be used for retail or service establishments.

(b)

Town center (mixed-use) district (TC). The requirements for TC town center (mixed-use) districts are as follows:

(1)

Title. The title of this section shall be known as the town center (mixed-use) district or may be internally cited as "TC."

a.

Intent of district. The intent of the town center district is to improve a specific, city-defined area for future and current developments in the following ways:

1.

Encourage, protect, and enhance the pedestrian environment;

2.

Create a town center environment that sets high standards for landscaping;

3.

Provide greenspace, urban design, and public amenities;

4.

Provide parking in a way that does not diminish the pedestrian environment;

5.

Promote opportunities for residential and commercial, mixed-use development in an innovative and aesthetically pleasing manner;

6.

Promote a distinct unified theme for town center; and

7.

Create an interconnected grid-like structure to new streets within the town center area.

b.

Definitions.

1.

Certificate of design review: A document, required prior to a building permit, approving an application to make an alteration or a material change in the appearance of a property or of a structure, site, or work-of-art located in a designated town center district.

2.

Boutique hotel: A small stylish hotel, boasting between ten and 100 rooms in a unique setting with upscale accommodations.

c.

Relationship to underlying zoning regulations. The special regulations contained within this chapter shall be imposed without regard to the requirements of the zoning district within which a specific property was previously located.

1.

Except where it is otherwise explicitly provided; whenever the town center district standards conflict with standards that would otherwise apply under this zoning ordinance, the regulations of the town center zoning district govern.

2.

When a nonconforming use is abandoned or discontinued for a period of 60 calendar days, any subsequent use of the property thereafter must comply with the applicable regulations of the City of Centerville Zoning Ordinance regarding the use of the property.

d.

Applicability.

1.

All new development of property within the town center district shall conform to the standards and guidelines adopted for this district, regardless of any change in ownership.

2.

Any material change in appearance of property or addition of a new exterior architectural feature within the town center district shall conform to the standards and guidelines adopted for this district, regardless of any change in ownership.

3.

Ordinary repair and maintenance of any structure or property within the town center district shall be permissible in all circumstances, and shall not require nor trigger formal compliance with the standards and guidelines for this district.

4.

Any structure or property existing in the town center district at the time of the approval of this section shall not, in their current condition, be affected by any of the standards or guidelines adopted for this district. Future improvements to any property within the town center district shall be reviewed for compliance with the applicable guidelines; however, only the proposed improvements shall be reviewed.

5.

To ensure that development and redevelopment within the town center district is consistent with the objectives of this section, each project, not otherwise exempted by this section, is required to undergo a project review by the City of Centerville prior to the issuance of building permits by the City of Centerville.

6.

The town center district regulations shall apply to all properties located within the specific, city-designated town center district map.

i.

All properties located in the town center district which have frontage on the following streets or street segments shall be included in the town center:

(A)

Margie Drive: From Gunn Road to North Houston Lake Boulevard.

(B)

Gunn Road: From Willie Lee Pkwy to North Houston Lake Boulevard.

(C)

E. Church Street: 101 and 103 only.

(D)

North Houston Lake Boulevard: From Gunn Road and East Church Street north to the south side of the intersections of Waterland Way on the west and Wilson Dr on the east.

(E)

Basset Street: From North Houston Lake Boulevard east to 200 Bassett Street. This only includes properties on the south side of Bassett.

(F)

Greentree Trail: Parcel 0C005B 026000 only.

(G)

Including all roads created in accordance of this town center.

ii.

These properties are shown upon the map designated as the "town center district." This map and all notations, shall be kept on file with the city clerk.

iii.

The town center master plan shall be consulted during all development activity within this town center. The purpose of the master plan is to ensure consistency of all phases and aspects of the proposed development with the purpose of the town center district and center park throughout the development and permitting process.

e.

Design review.

1.

The City of Centerville's Economic Development Director shall review all plans and submissions for development and/or other work proposed for the town center district.

2.

The city's economic development director shall have citywide authority in any specially designated town center district which has been instituted to govern the appearance and siting of property and structures.

3.

The city's economic development director shall keep records of their examinations and other official actions, all of which shall be kept on file at City Hall.

4.

The city's economic development director is authorized to receive, consider, approve, approve with conditions, or deny applications for design review as required by this ordinance. In granting approval of design review, they may impose such requirements and conditions with respect to the location, construction, maintenance and operation of any use or building, in addition to those expressly set forth herein, as may be deemed necessary for the protection of adjacent properties and the public interest. Decisions of the city's economic development director shall be final.

5.

Within the town center district, no material change in appearance shall be made and no building permit issued unless a certificate of design review (certificate) has been granted by the city's economic development director. Such material changes shall conform to all the requirements as specified in the town center district. Work not in compliance with a certificate of design review is prohibited.

6.

Property owners may perform routine maintenance activities without obtaining a certificate of design review. Routine maintenance activities are those which are narrow in scope, and exclude any material change in appearance of property or addition of a new exterior architectural feature.

f.

Certificate of design review application requirements and process. Applications for design review approval shall, at minimum, contain the following information:

1.

Three sets of elevation drawings in color, and material samples. Every application, not otherwise exempt from the provisions of this section, involving the construction of a new building or structure and alterations and/or additions to existing structures shall be accompanied by three sets of exterior elevation drawings drawn to scale, signed by an architect, engineer or other appropriate professional, and submitted in sufficient number of copies as required by the city's economic development director. Said exterior elevation drawings shall clearly show, in sufficient detail the exterior appearance and architectural design of proposed change(s) to buildings or structures and new construction, as applicable. Each application shall also indicate proposed materials, textures, and colors, and provide samples of materials and colors.

2.

Photographs. Applications shall be accompanied by photographs of all sides of the existing building(s) or structure(s) affected, and of adjoining properties. Photographs shall be submitted in printed copy and in digital form unless otherwise specified by the city's economic development director.

3.

Site plan and landscaping plan. For every application, a plot plan or site plan drawn to scale shall be submitted which shows all improvements affecting appearances, such as walls, walks, terraces, plantings, tree protection areas, accessory buildings, signs, lights, and other elements.

4.

Fee. A $50.00 review fee shall accompany every application.

5.

Additional information. Any additional information, as may reasonably be required shall be submitted with the application.

6.

Any applicant shall have the opportunity to request a preliminary review for the purpose of gathering information and informal feedback from the city's economic development director. Revisions may be suggested; however, a final ruling granting approval or denial to the applicant shall not be made during the preliminary review process. Applicants are not required to have submitted an application for a certificate of design review prior to a preliminary hearing. The city's economic development director reserves the final right to either permit or deny a preliminary hearing.

7.

All final certificate of design review applications shall be submitted to the city's economic development director, who shall review the application for completeness. Following the certification of completeness, the application process shall be completed not more than 90 calendar days from the date upon which the application is certified as complete.

g.

Decisions on applications for certificates of design review. Upon completion of the final review, the city's economic development director shall issue a certificate of design review upon their finding that the proposed change(s) in appearance would not have a substantial adverse effect on the appearance and character of the town center district. Considerations of the appropriateness of any proposed material change in appearance shall be based on the following criteria:

1.

Consistency with the town center guidelines for the type of development and/or its proposed use.

2.

The nature and character of the surrounding areas, and the consistency and compatibility of the proposed application with such nature and character.

3.

The general design, the character and appropriateness of design, scale of buildings, arrangement, materials, texture and colors (non-painted surfaces), of the structure in question and the relation of such elements to similar features of structures in the immediate surrounding area, site and landscaping.

4.

Whether the proposed design includes defects such as: character foreign to the area, arresting and spectacular effects, a multiplicity or incongruity of details resulting in a restless and disturbing appearance, and the absence of unity and coherence in composition not in consonance with the density and character of the present structure(s) or surrounding area.

5.

The interior arrangement or use, provided it has no effect on exterior architectural features, safety, or utility, shall not be considered.

6.

If an application is approved, the city's economic development director shall issue a certificate of design review to the applicant for the proposed work on the property. The city's economic development director or their designee(s) shall ensure the applicant's compliance with the certificate of design review after the work has been completed.

7.

The city's economic development director shall deny a certificate of design review if they find that the material change in appearance would have a substantial adverse effect on the town center district. Notice of denial of an application shall be given to the applicant in writing and shall state the reason(s) for the denial. Modifications or alternatives to the proposed project should be included, and applicants are strongly encouraged to discuss such modifications with the city's economic development director. The applicant may resubmit a new or revised application for consideration. The denial of a certificate of design review shall be binding, and no building permit shall be issued.

8.

The city's economic development director shall approve, approve with conditions, or deny an application for a certificate of design review within 90 calendar days after the completed application is filed with the director of economic development. Failure to act within the allotted time shall be deemed an approval of the application.

9.

All changes to existing buildings and proposed new construction shall conform to the certificate of design review issued for the project. In the event work is not performed in accordance with such certificate, the city's economic development director shall issue a stop-work order.

10.

An approved certificate of design review shall be valid for 18 months, after which time it shall expire. Upon expiration, a new application must be submitted. A new certificate of design review must be issued by the city's economic development director prior to commencement of any construction or building modifications.

11.

Amendments: Amendments to the town center district will follow all processes and regulations pursuant to those outlined in the City of Centerville Code of Ordinances. No re-zoning application requesting re-zoning to the town center zoning district shall be accepted. Only city-initiated re-zoning to the town center zoning district shall be considered by the city's planning and zoning commission, as submitted by the city's economic development director.

12.

Severability: If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this ordinance, or the application thereof to any circumstances, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent authority, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance.

13.

Repealer: All ordinances and parts of ordinances in conflict herewith are repealed to the extent necessary to give this ordinance full force and effect, except that any ordinances repealed by this provision shall not limit or impair the authority of the City of Centerville to enforce such ordinances or resolutions to the extent that violations thereof occurred prior to repeal.

h.

Permitted uses and structures.

1.

Permitted uses: Within the town center district, no building shall be erected, used, or structurally altered, nor shall the land or premises be used in whole or in part, except for those permitted uses listed below. The permitted location of such uses shall be based on the future land use map for the town center area.

i.

Multi-family housing may be in the form of townhouses, apartments, condominiums, or loft spaces.

ii.

Business, office, retail, and residential uses.

iii.

Housing for the elderly, including assisted living facilities.

iv.

Hotels.

v.

Medical offices and laboratories.

vi.

Outdoor theatre, plazas, parks, and public gathering places.

vii.

Standard restaurants, taverns, and bars.

viii.

Outdoor cafes, outdoor eating areas subject to adequate control of noise, particularly adjacent to residential areas.

ix.

Essential services.

x.

Uses and structures accessory to the above.

2.

Conditional land uses: The city's economic development director may permit the following uses, subject to the conditions specified for each use; upon review and approval of the site plan; and compliance with any special conditions imposed by the city's economic development director which are necessary to fulfill the purposes of this town center.

i.

Any single permitted use, not designed as part of a mixed-use development, that meets all other design standards.

ii.

Churches.

iii.

Commercial outdoor recreation.

iv.

Daycare facilities.

v.

Drive-thru or drive-in facilities, excluding drive-in theaters.

vi.

Farmers' markets.

vii.

Garden supply centers and greenhouses.

viii.

Parking garages/decks.

ix.

Schools.

x.

Uses and structures accessory to the above.

i.

Prohibited uses.

1.

Prohibited uses: None of the following uses may be permitted within the town center district.

i.

Adult entertainment.

ii.

Automotive and/or truck body repair, mechanical repair, maintenance, alteration, customization, fabrication, and/or restoration.

iii.

Automotive washes.

iv.

Automotive parts stores.

v.

Boat sales establishments.

vi.

Building, electrical, or plumbing contractors, except for those businesses performing office and administrative functions only.

vii.

Building material sales with outdoor storage.

viii.

CBD stores.

ix.

Duplexes.

x.

Equipment rental, sales, or service (including heavy equipment, farm equipment, bulldozers, backhoes, forklifts, cranes, trucks, trailers, etc.)

xi.

Emissions inspection stations.

xii.

Extended stay hotels.

xiii.

Funeral homes, mausoleums, and crematories.

xiv.

Lawnmower repair shops.

xv.

Liquor stores.

xvi.

Log-splitting and storage lots.

xvii.

Machine or welding shops.

xviii.

Manufactured homes.

xix.

Mini-warehouse facilities.

xx.

Mobile home or mobile building leasing or sales lots.

xxi.

Motels.

xxii.

New and used automobile sales and/or rental.

xxiii.

Nightclubs.

xxiv.

Pawnshops; title pawn; check cashing as carried out by non-depository institutions which are not state, national or federal banks.

xxv.

Pest control businesses that store toxic chemicals onsite.

xxvi.

Recovered materials processing.

xxvii.

Self-service laundries.

xxviii.

Single family dwellings.

xxix.

Smoke shops (including vape, e-cigarette, cigars).

xxx.

Tattoo parlors.

xxxi.

Taxidermists.

(2)

Building design standards.

a.

Buildings to face street: Buildings are to face the street on which the structure fronts. If the building is on a corner, it may have its first-floor main entrance oriented to either road. No overhead doors are permitted facing a road.

b.

Building height: Although one-story buildings may be considered, the preferred building height is between two and four stories tall.

c.

Building façade design: All building facades shall conform to the following design criteria:

1.

Exterior building materials: All exterior facades should be brick, horizontal Hardi-plank, natural wood, or stone. Exteriors shall maintain a neutral appearance, and natural wood is required to be stained. Plain concrete, plain concrete block, corrugated metal, plywood, vinyl siding, and sheet pressboard are prohibited. The economic development director may approve alternative manufactured exterior materials if there is a compelling structural reason.

2.

Fenestration: Windows and doors must comprise between 60 and 80 percent of commercial ground floor facades and between 50 and 60 percent of upper story facades.

i.

Windows: Windows must match doors.

(A)

Window signs should be limited in size and number to maximize visibility inside the store. Signs may not exceed ten percent of the window frontage. More details can be found under chapter 46.

ii.

Doors: All doors which face a street shall be fixed glass in-frame.

3.

Roads: Buildings must be a minimum of 12 feet from the curb of a road to allow for outdoor seating, where appropriate. Outdoor seating can exist up to the build-to line for buildings. Curbs and gutters must be located at a minimum of two feet from roads.

4.

Driveways: Driveways must be located behind buildings.

5.

Garages: No building may have a garage.

d.

Building services: Loading and unloading of goods may only occur behind buildings.

1.

If provided, dumpsters shall be placed on a concrete pad of sufficient size and strength to adequately support service vehicles and screened to a height of eight feet with an opaque screen on all sides made of brick, natural wood, or stone and located behind the building they serve. Natural wood enclosures are required to be stained. Dumpsters shall be in the rear yard behind the building they serve.

2.

All ground mounted mechanical, HVAC and like systems shall be screened from public street view (within 300 feet) on all sides by an opaque wall or fence made of brick, natural wood, stone, or landscaping. Natural wood enclosures are required to be stained.

3.

For all commercial/retail buildings, roof mounted mechanical, HVAC and like systems shall be screened from public street view (within 300 feet) on all sides.

e.

Building transitions: Any change in building type or height shall not be greater than two stories or twenty feet, whichever is greater. Transitions must appear flat-faced from the street view.

f.

Building uses: Business, office, retail, and residential uses may occupy the same building, given that uses in the mixed-use development shall be combined vertically within the same building, planned as a unified and complementary whole, and functionally integrated with interconnected vehicular and pedestrian access and parking areas. Examples include office uses located over retail or service uses and multifamily dwelling units located over retail or service uses. The following criteria must be met:

1.

Each type of use constitutes at least 20 percent of the gross floor area of the development project, excluding accessory uses.

2.

Commercial and retail uses shall be located on the ground or second floors.

3.

Residential, office spaces, boutique hotels, and banks can be located on the second, third, and fourth floors.

(3)

Streets.

a.

Creation and regulation of streets: The town center shall exist on a grid system. One-way streets shall be 12 feet wide and two-way streets shall be 22 feet across, with each lane being 11 feet wide.

b.

Bike lanes: Bike lanes shall be provided on all streets. Lanes shall be four feet wide. Approximately three feet shall be allotted between the outer edge of the bike lanes and the curb.

c.

Streetscaping: A minimum of eight feet of space between the sidewalk and the curb shall be allocated for streetscaping. Fire hydrants shall be placed at a maximum of 400 feet from the closest point of a building and a maximum of 500 from one another. Consideration shall be made for the placement of bicycle racks, trash receptacles, lighting, wayfinding, and foliage.

d.

Sidewalks: Sidewalks shall be five feet wide.

e.

Buffer: A minimum buffer of one foot shall be provided between the edge of the sidewalk and the build-to line for buildings.

f.

Crosswalks: Crosswalks shall be brick inlay.

(4)

Parking Regulations. Parking and parking lot design shall comply with the following standards, in addition to the provisions of article IV, section 66-85.

a.

Parking space requirements for parks.

1.

Provide five (5) parking spaces per acre of non-programmed parkland.

2.

Multi-purpose fields: When park has softball or other multi-purpose fields, provide an additional 30 parking spaces per backstop.

b.

Maximum number of spaces. To maximize the amount of land area left for landscaping and open space, paving shall be confined to the minimum area necessary to comply with the parking requirements of article IV, sections 66-85 and 66-86; however, the economic development director may reduce the total number of required spaces upon making the determination that the parking demands of the uses being served do not overlap.

c.

Specially designated parking (i.e. motorcycle-only, EV charging spaces, etc.) must be approved by mayor and council.

d.

Street-slanted parking design may be considered, with the exception of any property located on park frontage or near intersections to allow for a permitted buffer.

(5)

Lighting.

a.

General requirements. Exterior lighting shall comply with the requirements in Article IV of the Centerville Code. Lighting must be placed and shielded so as to direct the light onto the site and away from adjoining properties. The lighting source shall not be directly visible from adjoining properties. Floodlights, wall pack units, other types of unshielded lights, and lights where the lens is visible outside of the light fixture shall be prohibited.

b.

Appropriate lighting levels. Sidewalks and parking areas shall be properly lighted to facilitate the safe movement of pedestrians and vehicles and provide a secure environment. In parking areas, the light intensity shall average a minimum of 1.0-foot candle, measured five feet above the surface. In pedestrian areas, the light intensity shall average a minimum of 2.0-foot candles, measured five feet above the surface. The maximum average light intensity shall be ten foot candles.

c.

Traditional or decorative fixtures. The economic development director may waive or modify the cut-off, orientation, and shielding requirements for traditional-style or decorative lighting fixtures, upon making the determination that the fixtures will comply with the illumination levels specified herein, will not cause glare or interfere with the vision of motorists, and will be consistent with the spirit and intent of this section.

(6)

Building signage. Building signage shall comply with the following standards, in addition to the provisions of chapter 46.

a.

Design and materials.

1.

Signs shall be professionally constructed using high quality materials such as metal, stone, hard wood, and brass. Any natural wood elements are required to be stained.

2.

Internally lit plastic letters or plastic box signs are prohibited.

(7)

Amending the town center district. Zoning changes to the "town center district" shall occur in conformance with Section 1.5 of the Centerville Code.

(Code 1992, app. A, § 74; Ord. No. 2023-6, 6-20-2023)