Centerville City Zoning Code

ARTICLE 9

Development Standards

9.01 Purpose

Part 1 of this Article incorporates development standards regulating all uses within the City. A description of each zoning district and a list of permitted uses per zoning category is provided in Article 7. Article 7 divides the City into districts for the purpose of regulating the use of lands within the districts. This Article establishes development standards for the base zoning districts and overlay districts wherein additional standards may apply and may be designated at the request of the property owner. Requirements for the subdivision of land within the City are contained in Part 2. General regulations for all development (regardless of the zoning district) are set forth in the Part 3, Site Design and Improvement Standards, and Part 4, Supplemental Standards of the Article. Refer to Article 7 for additional regulations applicable to particular uses.

9.03 Applicability

Development standards within Section 9 including Parts 1 through 4 shall apply to all zoning districts and uses unless otherwise indicated.

9.05 Base Zoning Districts

A. Dimensional and Density Regulations

1. Purpose

a. The purpose of this section is to establish dimensional standards for situating buildings on lots within the City's Base Zoning Districts. The proper height, setback, and lot dimensions are shown in Table 9.0.

2. Applicability

a. Table 9.0 summarizes the dimensional standards within each zoning district classification. These standards apply to lots in the A, Agricultural District; R1- a thru R1-e, Single-Family Residential, R-2 Two- Family Residential, R-3 Multi-Family Residential, R-PD, Residential Planned Development; O-S, Office Service, O-PD, Office Planned Development; B-1 Neighborhood Business, B-2 General Business, B-PD, Business Planned Development; APD, Architectural Preservation District; I-1, Light Industrial District, and I-PD, Industrial Planned Development Districts. (Ord. 17-16, 07-18, 20-22)

3. Non-Residential Use in a Agriculture or Residential Zoning District

a. A non-residential use, except a park or open space, shall be situated on a agriculture or residential zoned parcel at the edge of a neighborhood and adjacent to a thoroughfare or collector street as defined on the Official Thoroughfare Plan to provide vehicluar access.

b. A Cemetery shall have a minimum lot area of 15 acres and a minimum front, side or rear building setback of 50 feet.

4. Residential Cluster Development

Clustering of single-family dwelling units on a tract of land will be permitted within residential districts R-1a through R-1e provided that new open space from that tract of land is reserved for use by the residents of that tract of land and provided that a maximum gross density of 2 dwelling units per acre averaged over the entire tract of land is not exceeded. A Residential Cluster Development shall be applicable subject to the following standards:

a. The lot area of the total development shall be at least 5 acres.

b. The minimum lot area or front, side, or rear yard may be reduced for any individual lot by the approving authority; however, the average lot area for the

entire development shall not be less than the minimum lot area required in this zoning district. In calculating the average lot area for the development, public or private street area shall be excluded; however, private open space created as part of the development and perpetually reserved for use by all future residents of the development, and public parkland or open space dedicated by the developer, may be included in the total lot area of the development.

c. A reserve area shall be established where a residential cluster development abuts a major street. This reserve area shall be a lot of record separate from any individual residential lot, have a minimum width of 25 feet and extend along the entire road frontage. No individual, platted lot shall have vehicular access through this reserve area. The reserve area shall be landscaped in accordance to the bufferyard requirements contained in Section 9.25 of this UDO.

5. Residence Group Home

a. An application for conditional use for a Residence Group Home shall include all necessary permits and licenses for the use and operation of a residence group home or evidence shall be submitted that such permits are obtainable for the subject property.

b. The architectural design and site layout of the Residence Group Home and the location, nature, and height of any walls, screens, and fences must be compatible with adjoining land uses and the residential character of the neighborhood.

c. The Residence Group Home must comply with yard, parking, and sign regulation.

d. The location of the Residence Group Home must be such that a spacing radius of not less than 1,000 feet is maintained between or among residence group homes and/or residence family homes.

e. A Residence Group Home for developmentally disabled persons shall be approved by the Montgomery County Board of Mental Retardation and Developmental Disabilities.

6. Residence Family Home

a. A Residence Family Home is a permitted use in all residential districts or zones within the City of Centerville.

b. An application for a Residence Family Home shall be submitted for the sole purpose of verification of compliance with area, height, yard, and architectural compatibility requirements that are uniformly imposed upon all single-family residences within the district or zone where the residence family home is to be located.

c. The application shall include all necessary permits and licenses for the use and operation of a Residence Family Home or evidence shall be submitted that such permits are obtainable for the subject property.

d. The location of the Residence Family Home must be such that a spacing radius of not less than 1,000 feet is maintained between or among Residence Group Homes and/or Residence Family Homes.

e. A Residence Family Home for developmentally disabled persons shall be approved by the Montgomery County Board of Mental Retardation and Developmental Disabilities.

7. Stable in a Agriculture or Residential Zoning District

a. No commercial stable shall be permitted if its existence would be incompatible with surrounding residential land uses or zoning.

b. The minimum lot area shall be five (5) acres.

i. If any horses (including horses, ponies, mules, donkeys, and other animals used for riding) are outside of any building, the maximum number of horses permitted outside of any building at one time shall be one (1) per acre.

ii. If any horses (and other riding animals) are kept inside a building, the maximum number of horses permitted shall be limited to the building capacity to house, show, and ride said horses.

c. The following minimum setbacks shall be provided:

i. Stables, corrals, piles of manure, feed, and bedding shall be located seventy-five (75) feet from any street or nonresidential lot line and one hundred (100) feet from any residential lot line, in order to minimize odor and nuisance problems. Pasture may extend to the lot line.

ii. Manure piles shall be stored, removed, and/or applied in accordance with City Health Department regulations; however, manure shall not be applied on land that is closer than one hundred (100) feet to a residential lot line.

8. Temporary Seasonal Garden Centers

Temporary seasonal outdoor retail sale of garden and landscaping plants and materials including bagged soil, fertilizer, and mulch (Temporary Garden Center). Natural holiday decorations such as Christmas trees are included in this use. (Ord. 17-16, 10-17)

a. A maximum of one (1) Temporary Garden Center may be conducted on a premises in any calendar year.

b. A Temporary Garden Center may be conducted on a premises for a period of time not to exceed 180 consecutive days at which time this temporary use shall be removed and the premises restored.

c. A Temporary Garden Center may display a maximum of 32 square feet of ground signs, wall signs, or combination thereof in association with the business. No more than three (3) total signs are permitted. Such signs may be temporary in their placement and construction. All other signs shall be prohibited.

9. Sidewalk Sale. (Ord. 16-20)

The owner or operator of a business located in the B-1, B-2, B-PD and the APD Zoning Districts may conduct a sidewalk sale outside that business premises on private property in accordance with the following provisions:

a. The merchandise for sale shall be limited to only that merchandise normally offered for sale by the business owner or operator conducting the sale,

b. Sidewalk sales shall be limited to a maximum time period of 20 days per calendar year through either a single event or multiple events,

c. A sidewalk sale by persons who are not the owners or operators of a business may be permitted in connection with either of the following:

i. A planned program involving at least 6 separate sellers.

ii. A Food Truck with a valid Mobile Food Vendor permit from the City Manager's Office.

10. Mobile Food Vehicle Vendors

a. A Mobile Food Vehicle may operate as a temporary use in accordance with all requirements, contained in Chapter 844 of the Centerville Municipal Code.

b. License Required. Any person desiring to operate a Mobile Food Vehicle shall make a written application for such License to the City Manager's Office in accordance with the licensing requirements contained in Chapter 844 of the Centerville Municipal Code.

c. License Fee. All vendors licensed under this Chapter shall pay an annual license fee. The amount shall be in accordance with Chapter 844 of the Centerville Municipal Code. (Ord. 16-20)

d. Permitted Locations (Ord. 16-20)

i. A Mobile Food Vehicle may operate within the public right-of-way, provided it meets all conditions of Chapter 844 of the Centerville Municipal Code. This use does not require a zoning permit.

ii. A Mobile Food Vehicle may operate on private property as a Temporary Use to the premises as defined by the UDO. A Mobile Food Vehicle shall not be permitted as a principal use on a premise and shall be an accessory or secondary use. The following are types of permitted Temporary Uses for mobile food vehicle vendors.

1) Industrial and Office Uses: A Mobile Food Vehicle may be temporarily parked on the premises of an industrial use or a premises zoned I-1, I-PD, and O-PD to serve the employees of said premises and limited to a maximum of 1 hour per day during normal business hours of the industrial or office use. The applicant may apply for one Temporary Use permit for the year for a designated daily, weekly, biweekly or monthly time.

2) General Commercial Use: A Mobile Food Vehicle may be placed on the premises of a property zoned B-1, B-2, B-PD, and the APD in conjunction with a Temporary Use or sidewalk sale in accordance with the provisions contained in Article 9.05.(A).(9) of the UDO, including the time limitations of the permit. The event shall meet the following guidelines for each mobile food vehicle:

i) A Mobile Food Vehicle shall operate only during the dates and times when the Temporary Use or Sidewalk Sale occurs. This event must follow all regulations of a Sidewalk Sale, as listed in Article 9.05.(A).(9).

ii) A Mobile Food Vehicle shall not be located on or within 100 feet of a business premises that dispenses gasoline or other fuel, or a restaurant.

iii) A Mobile Food Vehicle shall not be located on or within 100 feet of residential premises.

iv) A Mobile Food Vehicle shall be legally parked within a parking lot having the capacity of at least 20 parking spaces. An off-site parking agreement to an adjacent or nearby parking lot within 400' of the use for the designated time period would be alternatively permitted.

v) A License shall be required in accordance with part b. License Required, of this section for each mobile food vehicle.

vi) The licensee or property owner shall make application with the City and submit all necessary documentation, including a site plan, to demonstrate all requirements will be met.

vii) An affidavit from the property owner and business owner of the premises where the owner/operator of the Mobile Food Vehicle intends to conduct business stating that the owner/operator has permission to conduct business there.

3) Public Parks, Library and Civic Spaces: A Mobile Food Vehicle may operate in a public park or municipal facility in accordance with this ordinance, the Centerville Municipal Code and with the permission or license of the owner of the public park or municipal facility. Each mobile food vehicle shall have a valid City Manager's Mobile Food Vendor License, however a Temporary Use zoning permit is not required.

4) Carnival Event: A Mobile Food Vehicle may be parked on a premises in conjunction with a carnival event per Article 9.05.(A).(9) of the Centerville Unified Development Ordinance (UDO) or as part of a Carnival, Circus, Other Community Event or Showcase. Each Mobile Food Vendor shall have a valid City Manager's Mobile Food Vendor License, however a Temporary Use zoning permit is not required. The event, as well as Mobile Food Vendors shall meet the following criteria:

i) A carnival permit shall be approved by the Centerville City Manager in accordance with Chapter 808 of the Centerville Municipal Code.

ii) Shall operate only during the dates and times when the event occurs.

iii) Shall be legally parked within a parking lot having the capacity of at least 30 parking spaces.

iv) The licensee shall make application with the City and submit all necessary documentation, including a site plan, to demonstrate all requirements will be met.

5) Unless specifically permitted in this section, Mobile Food Vendors are prohibited from operating on private property in residential, agricultural and O-S zoned districts.

e. Sound emanating from a Mobile Food Vehicle shall be in accordance with the sound requirements contained in UDO Article 9.53. (Ord. 16-20)

f. Suspension and Revocation. See Chapter 844 of the Centerville Municipal Code.

g. Closure for Operation without a License. See Chapter 844 of the Centerville Municipal Code.

11. Commercial Alternative Energy Production

a. Solar Power Plant

i. Zoning Districts: A solar power plant is a conditional use in the A, Agriculture, R-1a, R-1b, and R-1c Single Family Residential Zoning Districts, and the I-PD, Industrial Planned Development zoning districts.

ii. Minimum lot size: The minimum lot size for a solar power plant shall be 20 acres.

iii. Setback: A solar power plant shall be setback a minimum of one hundred (100) feet from any property line.

iv. Screening shall be in accordance with the requirements for O-PD, B-PD, and I-PD located in Table 9.6: Bufferyard, Landscape and Screening Requirements of this UDO.

b. Wind Power Plant

i. A wind power plant is a conditional use in the A, Agriculture Zoning District, subject to the following requirements:

1) Minimum lot size: The minimum lot size for a wind power plant shall be 20 acres.

2) Maximum Height: 130 feet to the top of the wind turbine blade at its highest point of travel.

3) Minimum Setback from Property Lines: All elements of a Large Wind Energy Conversion System shall be set back a distance equal to the height of the system with a wind turbine blade at its highest point of travel.

4) All Large Wind Energy Conversion Systems shall adhere to all Federal and State Regulations including, but not limited to, submittal of an application to the Ohio Power Siting Board and Section 4906 of the Ohio Administrative Code.

5) Vehicular Access: Vehicular access to the wind turbines or equipment shelter shall be via concrete or asphalt roadways.

6) Equipment Shelter: The minimum setbacks for principal and accessory structures shall apply and such shelter shall not be located in any required front or side yards.

7) Uncontrolled Rotation: Both a manual and automatic braking, governing or feathering system shall be required to prevent uncontrolled rotation.

12. Self-Storage Facilities

a. A Self-Storage Facility may only be permitted in 8% of the total acreage of the zoning district for which it is located.

b. Maximum Lot Size: The maximum lot size for a parcel with Self Storage Facilities would be three (3) acres.

c. Buffer: A Self-Storage Facility property may not be located within 1000' of another Self Storage Facility property.

d. Outdoor Storage Prohibited. All goods and property stored in a Self-Storage Facility shall be stored in an enclosed building. No outdoor storage of boats, RVs, vehicles, etc., or storage in outdoor storage pods or shipping containers is permitted on a Self Storage Facility property.

e. Fences or walls including entry gates shall be constructed of high-quality materials, such as decorative metal or wrought iron fences. These fences or walls may include a combination of the fence material with a stone or brick base or columns. The fence or wall shall be compatible with the design and materials of the building(s). Planning Commission may approve a different material not listed here on a case-by-case basis as part a Major Site Plan or by amendment if it aligns with the architecture and design of the site. Chain-link (or similar) fences, barbed or razor wire fences, or walls made of precast concrete blocks are prohibited.

f. All Self Storage Facilities must have security installed. Examples include, but are not limited to, property fencing, lighting, motion sensors, key pads, access control hardware, security cameras, video monitors, gate and digital gate operators, unit alarms or electronic doors. (Ord. 09-21)

13. Fueling Station

a. A Fueling Station shall have a minimum lot area of one (1) acre and a minimum lot width of 150 feet.

b. A parcel that includes a Fueling Station and a Car Wash shall have a minimum lot area of one-and-a-half (1.5) acres.

c. When a Fueling Station is located within 150' of a residential use (as measured between the nearest lot lines, including multi-family residences), all operations, including other uses such as a Convenience Store, shall be prohibited between the hours of 10:00 p.m. and 6:00 a.m.

d. Upon request, and at the discretion of the City Engineer, the applicant or property owner shall provide a traffic impact analysis or study.

e. When a Fueling Station is located on a corner or through lot, the parcel shall not have less than 200 feet of lot frontage on each of the two (2) adjacent public rights-of-way and shall be limited to a maximum of one (1) driveway per lot frontage.

f. When a Fueling Station is located on a corner lot, the location of all driveways shall be placed as far as possible from the intersection and shall be subject to the approval of the City Engineer.

g. When a Fueling Station is located on an interior or flag lot, the parcel shall be limited to a maximum of one (1) driveway.

h. A Fueling Station canopy shall be subject to the architectural standards for non-residential uses as outlined in Section 9.53 of the UDO, and shall also be subject to the following standards:

i. A Fueling Station canopy's base, body, and cap shall be constructed with the same materials and colors as the principal structure. Alternate materials and colors that are similar in appearance to those of the principal structure shall request specific approval by the Planning Commission on a case-by-case basis.

ii. When a Fueling Station is combined with another principal use and/or building, the placement of a Fueling Station canopy in the front yard shall require specific approval by the Planning Commission on a case-by-case basis.

iii. A Fueling Station canopy shall follow the minimum building setback standards as outlined in Section 9.05; Table 9.0 of the UDO.

iv. When a Fueling Station is not combined with another principal use and/or building, the Fueling Station canopy shall have a maximum height of 25 feet.

v. When a Fueling Station is combined with another principal use and/or building, the Fueling Station canopy shall not exceed the height of the principal building, or a maximum height of 25 feet, whichever is less. (Ord. 26-25)

B. Uses

1. Purpose

The purpose of this section is to list accessory, permitted, and conditionally permitted uses within the Standard Zoning Districts. These uses with their corresponding districts are shown in Table 9.1. (Ord. 01-14, 17-14)

2. Applicability

Table 9.1 lists the accessory, permitted, and conditionally permitted uses zoning district classification. These uses apply to Agricultural (A), Single-Family Residential (R-1a to R-1e), Two-Family Residential (R-2), Multi-Family Residential (R-3), Office-Service (O-S), Neighborhood Business (B-1), General Business (B-2), Light Industrial (I-1), Architectural Preservation District (APD), and Planned Development (R-PD, O-PD, B-PD, & I-PD). (Ord. 17-14, 17-16, 20- 22, Ord. 08-24)

Table 9.0 Table of Minimum Standards

Agricultural and Residential Base Zoning Districts

Zoning District

Minimum Lot

Minimum Building Setback9

Minimum Floor Living Area of a Dwelling Unit (square feet)

Maximum Building Height (feet or stories)

Maximum Gross Floor Area

Maximum Gross Density (Dwelling Units per Acre)

Minimum Setback of Parking or Paving9

Area (square feet unless otherwise stated)

Width (feet)

Front Yard (feet)1

Rear Yard (feet)

Side Yard (feet)

Front Lot Line (feet)

Side Lot Line (feet)

Rear Lot Line (feet)

Arterial Street

Other Street

Arterial Street

Other Street

Adjacent to a Non-Residential Use

Adjacent to a Residential Use

Adjacent to a Non-Residential Use

Adjacent to a Residential Use

Adjacent to a Non- Residential Use

Adjacent to a Residential Use

Adjacent to a Non-Residential Use

Adjacent to a Residential Use

Agricultural and Residential Base Zoning Districts
Zoning District	Minimum Lot			Minimum Building Setback9						Minimum Floor Living Area of a Dwelling Unit (square feet)	Maximum Building Height (feet or stories)	Maximum Gross Floor Area	Maximum Gross Density (Dwelling Units per Acre)	Minimum Setback of Parking or Paving9
	Area (square feet unless otherwise stated)	Width (feet)		Front Yard (feet)1		Rear Yard (feet)		Side Yard (feet)						Front Lot Line (feet)	Side Lot Line (feet)		Rear Lot Line (feet)
	Area (square feet unless otherwise stated)	Arterial Street	Other Street	Arterial Street	Other Street	Adjacent to a Non-Residential Use	Adjacent to a Residential Use	Adjacent to a Non-Residential Use	Adjacent to a Residential Use					Front Lot Line (feet)	Adjacent to a Non- Residential Use	Adjacent to a Residential Use	Adjacent to a Non-Residential Use	Adjacent to a Residential Use
A Agriculture	5 acres	150	150	60	60	70	70	20	20	1,600	35 or 2½	-	0.2	-	-	-	-	-
A Single Family Use	40,000	150	150	60	60	70	70	20	20	1,600	35 or 2½	-	1.0	-	-	-	-	-
R-1a Single-Family	40,000	150	150	50	50	70	70	20	20	1,600	35 or 2½	-	1.0	-	-	-	-	-
R-1b Single-Family	30,000	140	140	40	40	60	60	15	15	1,500	35 or 2½	-	1.5	-	-	-	-	-
R-1c Single-Family	20,000	120	120	35	35	502	502	12	12	1,400	35 or 2½	-	2.0	-	-	-	-	-
R-1d Single-Family	12,000	100	100	30	30	30	30	10	10	1,300	35 or 2½	-	3.0	-	-	-	-	-
R-1e Single-Family	10,000	80	80	25	25	30	30	8	8	1,400	35 or 2½	-	4.0	-	-	-	-	-
R-1a thru R-1e Districts
Non-Residential Use excluding a Major Use	2 acres	150	150	100	100	40	40	40	40	-	45	-	-	25	10	25	10	25
Major Use	5 acres	150	150	100	100	40	40	40	40	-	45	-	-	25	10	100	10	100
R-2 Two-Family	7,2603	100	100	30	30	30	30	10	10	1,000	35 or 2½	-	6.0	-	-	-	-	-
R-3 Multi-Family	-	100	100	30	30	30	30	10	10		45	-	6.0	25	10	25	10	25
Efficiency Unit	-	-	-	-	-	-	-	-	-	400	-	-	-	-	-	-	-	-
1 Bedroom Unit	-	-	-	-	-	-	-	-	-	600	-	-	-	-	-	-	-	-
2 Bedroom Unit	-	-	-	-	-	-	-	-	-	800	-	-	-	-	-	-	-	-
3 or More Bedrooms	-	-	-	-	-	-	-	-	-	1,000	-	-	-	-	-	-	-	-
Non-Residential Use excluding a Major Use	2 acres	150	150	100	100	40	40	40	40	-	45	-	-	25	10	25	10	25
Non-Residential Major Use	5 acres	150	150	100	100	40	40	40	40	-	45	-	-	25	10	100	10	100
R-PD Residential Planned Dev.	-	-	-	50	30	30	304	20	204		45	-	6.0	25	10	25	10	25
Efficiency Unit	-	-	-	-	-	-	-	-	-	400	-	-	-	-	-	-	-	-
1 Bedroom Unit	-	-	-	-	-	-	-	-	-	600	-	-	-	-	-	-	-	-
2 Bedroom Unit	-	-	-	-	-	-	-	-	-	800	-	-	-	-	-	-	-	-
3 or More Bedrooms	-	-	-	-	-	-	-	-	-	1,000	-	-	-	-	-	-	-	-
Non-Residential Use excluding a Major Use	-	-	-	100	100	40	40	40	40	-	45	-	-	25	10	25	10	25
Non-Residential Major Use	-	-	-	100	100	40	404	40	404	-	45	-	-	25	10	100	10	100
O-S Office Service	20,000	150	120	50	35	20	506	20	506	50%	35 or 2½	10,0007	-	10	10	25	10	25
O-PD Office Planned Dev.	-	-	-	50	35	35	100	35	100	50%	45	-	-	20	20	100	20	100
B-1 Neighborhood Business	20,000	150	120	50	35	20	506	20	506	50%	35 or 2½	10,0007	-	10	10	25	10	25
B-2 General Business	20,000	150	120	50	35	20	506	20	506	50%	45	50,000	-	10	10	25	10	25
B-PD Business Planned Dev.	-	-	-	50	35	35	100	35	100	50%	45	-	-	20	20	100	20	100
I-1 Light Industrial	20,000	150	120	50	35	20	506	20	506	50%	45	-	-	10	10	25	10	25
I-PD Industrial Planned Dev.	-	-	-	50	35	35	100	35	100	50%	45	-	-	20	20	100	20	100
APD Architectural Preservation	See Section 9.53 D, Supplemental Requirements for the APD					50	50	3	3	-	4810	-	-	Not Permitted8	5	5	10	10

FOOTNOTES:

1 Average Depth of Front Yard: In Agricultural and Residential Base Zoning Districts, where the average depth of at least 2 neighboring front yards on lots within 100 feet of a lot in question and within the same block front is less or greater than the least front yard depth prescribed in the table above, the required front yard on such lot shall be modified. In such case, the depth of the front yard shall not be less than the average depth of the neighboring front yards. However, the required front yard shall be a minimum of 10 feet and not required to exceed 60 feet.

2 The minimum rear yard in the R-1c District may be modified as follows: Draw a line 100 feet from the front lot line in the same manner as determining the minimum front yard. Any portion of this line that is at least 30 feet but less than 50 feet from the rear lot line shall define the rear yard building setback.

3 Per Dwelling Unit

4 A 100 foot minimum building setback is required for any non-residential use and any residential building that is greater than 150 feet in width, 6,000 square feet in gross floor area and greater than one story in height.

5 Refer to Section 9.15C. for subdivision requirements.

6 The minimum side or rear yard building setback when abutting a single-family residential zoning district shall be 50 feet plus a 5 foot additional setback for every 1 additional foot of building height for a principal building that is greater than 35 feet in height.

7 The Building Ground Floor Area may be increased up to 15,000 square feet subject to the following:

1. The parcel is contiguous to a non-residential or multi-family zoning district, and

2. The parcel is contiguous to a single-family zoning district or use and the principal building has a setback of 75 feet or greater from the single-family zoning district or use.

8 A single-family dwelling may have a driveway for parking of the owners or guest vehicle in the front yard.

9 The minimum building and parking or paving setbacks established for the Planned Development Zoning Districts by this table shall apply to the perimeter of the Development Plan as approved by City Council. If the minimum building and parking or paving setbacks for any internal lot lines(s) are not established by a Development Plan as approved by City Council, the setbacks shall default in the following manner:

1. R-3 Zoning District standards shall apply in the R-PD Zoning District.

2. O-S Zoning District standards shall apply in the O-PD Zoning District.

3. B-2 Zoning District standards shall apply in the B-PD Zoning District.

4. I-1 Zoning District standards shall apply in the I-PD Zoning District.

10 Proposal must follow standards of Article 9.53.D(2)(g).

Table 9.1, Permitted Land Uses in the Base Zoning Districts

Type of Use (Site Plan Requirement)

Land Uses

P Permitted Use

- Not Permitted Use

C Conditional Use

(Maj) Major Site Plan

(Min) Minor Site Plan

A Agricultural

R-1(a-e) Single-Family Residential

R-2 Two-Family Residential

R-3 Multi-Family Residential

R-PD Residential Planned Development

O-S Office-Service

O-PD Office Planned Development

B-1 Neighborhood Business

B-2 General Business

B-PD Business Planned Development

I-1 Light Industrial District

I-PD Industrial Planned District

APD Architectural Preservation District

Specific Use Type

Approval Required by District

Land Use Type

R-1a

R-1b

R-1c

R-1d

R-1e

R-2

R-3

R-PD

O-S

O-PD

B-1

B-2

B-PD

I-1

I-PD

APD

Table 9.1, Permitted Land Uses in the Base Zoning Districts

Type of Use (Site Plan Requirement)

Land Uses

P Permitted Use

- Not Permitted Use

C Conditional Use

(Maj) Major Site Plan

(Min) Minor Site Plan

A Agricultural

R-1(a-e) Single-Family Residential

R-2 Two-Family Residential

R-3 Multi-Family Residential

R-PD Residential Planned Development

O-S Office-Service

O-PD Office Planned Development

B-1 Neighborhood Business

B-2 General Business

B-PD Business Planned Development

I-1 Light Industrial District

I-PD Industrial Planned District

APD Architectural Preservation District

Specific Use Type

Approval Required by District

Land Use Type

R-1a

R-1b

R-1c

R-1d

R-1e

R-2

R-3

R-PD

O-S

O-PD

B-1

B-2

B-PD

I-1

I-PD

APD

Accessory Uses1

Accessory Structures

Bed & Breakfast

Home Sales

Outdoor Display or Storage of Materials, Goods, Supplies, or Equipment

Mobile Food Vehicle - See Article 9.05 A 10.

Pet Shelters

Playhouses

Solar Energy Device - Roof Mounted2

Solar Energy Device - Freestanding or Wall Mounted2

C (Maj)

Swimming Pools and Hot Tubs, Private

Tennis Courts, Private

Wind Energy Device2

C (Maj)

Wireless Telecommunications Antennae (Co- Location)

See Article 9.55, Wireless Communication Facility Standards

Agricultural Uses

Agriculture3

Bee Keeping4

P (Min)

Stable (Commercial)

P (Maj)

C (Maj)

Stable (Private)

P (Min)

C (Maj)

Wholesale or Commercial Plant Nursery

P (Maj)

Commercial Use

Amusement Arcades

C (Maj)

P (Maj)

Animal Hospital/Clinics

P (Maj)

Bakeries (Retail)

P (Maj)

Banks

P (Maj)

Banquet Hall

C (Maj)

P (Maj)

Barbers Shops & Beauty Parlors

P (Maj)

Bars, Taverns

C (Maj)

P (Maj)

Big Box Recall

C (Maj)

P (Maj)

Book Store

P (Maj)

Camera/Photography Store

P (Maj)

Car Wash

P (Maj)

Clothing Store

P (Maj)

Commercial Entertainment

P (Maj)

Convenience Store

P (Maj)

Corporate Data Centers

P (Maj)

C (Maj)

P (Maj)

Craft Breweries, Distilleries & Microwineries

P (Maj)

C (Maj)

Department Stores

P (Maj)

Drive-through Stores

P (Maj)

Drive-up Windows, associated with a Restaurant use5

P (Maj)

Drive-up Windows, not associated with a Restaurant use5

C (Maj)

Commercial Use

Dry Cleaning Shops

P (Maj)

Flea Markets

C (Maj)

Florist Shops

P (Maj)

Fueling Station6

C (Maj)

Funeral Home

C (Maj)

P (Maj)

C (Maj)

P (Maj)

Grocery Stores

C (Maj)

P (Maj)

C (Maj)

Hardware Stores

C (Maj)

P (Maj)

Hobby Shops

C (Maj)

P (Maj)

Hotel – Motel

C (Maj)

P (Maj)

Kennels

C (Maj)

Laundromats

C (Maj)

P (Maj)

Liquor Stores

P (Maj)

Driving Range

P (Maj)

Music Stores

P (Maj)

Night Clubs

P (Maj)

Office/Business Service Uses

P (Maj)

Pet Groomer

P (Maj)

Pet Store

P (Min)

Pharmacy

P (Min)

P (Maj)

Photography Studio

P (Min)

P (Maj)

Commercial Use

Plant Nursery/Garden Supply

P (Maj)

Restaurant, Class 1 - Sit Down

P (Maj)

Restaurant, Class 2 - Sit Down

P (Maj)

Restaurant, Class 3 - Sit Down, Drive-up

P (Maj)

Restaurant, Class 4 - Drive- up, Food Kiosk

C (Maj)

Retail Sales and Services (Generally, not otherwise enumerated)

P (Maj)

Sexually Oriented Business

P (Maj)

Shopping Center

P (Maj)

Small-Box Discount Store

C (Maj)

Theaters

P (Maj)

Vehicle Sale and Service

P (Maj)

Institutional, Civic, Recreational

Adult Day Care

P (Maj)

Animal Shelter

C (Maj)

Campgrounds

C (Maj)

Cemetery

C (Maj)

Club or Lodge

C (Maj)

P (Maj)

C (Maj)

Convention Center

C (Maj)

Cultural (Museum, Art Gallery)

P (Maj)

Day Care Center

C (Maj) 7

P (Maj)

Entertainment Public

P (Maj)

Institutional, Civic, Recreational

Family Day Care, Type A

C (Maj)

P (Maj)

Family Day Care, Type B8

P (Maj)

Outdoor Recreational Club

C (Maj)

P (Maj)

Golf Course

P (Maj)

Hospital

P (Maj)

Indoor Recreational Club

C (Maj)

P (Maj)

Natural Preserve Areas

P (Min)

P (Maj)

Out Patient Surgery Center

C (Maj)

P (Maj)

Parks, Open Space

P (Min)

P (Maj)

Public Library

P (Maj)

Religious Institutions and Places of Worship (Large 150+ capacity)

C (Maj)

P (Maj)

Religious Institutions and Places of Worship (Small 1 - 150 capacity)

C (Maj)

P (Maj)

School: College

P (Maj)

School, Primary

P (Maj)

Swimming Pools (Not Private Residential)

C (Maj)

P (Maj)

Zoo

C (Maj)

Industrial, Manufacturing, Research, and Wholesale Use

Artisan/Craft Product Workshop

C (Maj)

P (Maj)

C (Maj)

Automobile or truck repair, including body work

P (Maj)

Bakeries (Factory or Distribution)

P (Maj)

Industrial, Manufacturing, Research, and Wholesale Use

City Service Yards and Garages

P (Maj)

Construction trades and contractor offices and shops

P (Maj)

Food Processing

P (Maj)

Heavy equipment rental, sales, service and storage

P (Maj)

Industrial Park

P (Maj)

Junkyards/Salvage Yards

C (Maj)

Light Manufacturing

P (Maj)

Machine Shop

P (Maj)

Media Production

C (Maj)

P (Maj)

C (Maj)

P (Maj)

Printing Services

P (Maj)

C (Maj)

Research and Development, Information Technologies

C (Maj)

P (Maj)

C (Maj)

P (Maj)

Research and Development, Laboratories

C (Maj)

P (Maj)

Research and Development, Medical Technologies

C (Maj)

P (Maj)

C (Maj)

P (Maj)

Retail uses which have an industrial character

P (Maj)

Self-Storage Facilities

P (Maj) 9

Veterinary offices with fully enclosed runs, pens, or kennels

C (Maj)

P (Maj)

Warehouses and Mini- Warehouses

P (Maj)

Wholesaling and Distribution

P (Maj)

Office Use

Government Offices

C (Maj)

P (Maj)

Medical and Dental Offices

P (Maj)

Office Park

P (Maj)

Office Uses

P (Maj)

Research and Development, Offices

P (Maj)

C (Maj)

P (Maj)

Residential Uses

Dormitory

C (Maj)

Dwelling, Multi-Family and Apartment Building

P (Maj)

Dwelling, Single-Family

P (Maj)

Dwelling, Duplex

P (Maj)

Mixed-Use Building10

P (Maj)

Nursing and Convalescent Homes

C (Maj)

P (Maj)

C (Maj)

Residence Family Home

P (Maj)

Residential Cluster Development

P (Maj)

Residential Group Home

C (Maj)

Senior Citizen Residential Community

P (Maj)

Satellite Dishes (Less than 1 meter in diameter)

Telecommunications Cabinet

P (Min)

Television Antennae (Residential)

Wireless Communication Tower

See Article 9.55, Wireless Communication Facility Standards

Residential Uses

Wireless Communication Antennae

See Article 9.55, Wireless Communication Facility Standards

Temporary Uses

Carnival/Outdoor Amusement Use

C (Maj)

Seasonal Outdoor Sale of Farm Produce or Plants

P (Min)

C (Maj)

Seasonal Outdoor Sale of Landscaping Materials

C (Maj)

P (Min)

Sidewalk Sales

Temporary Construction Buildings

Transportation, Aviation or Surface

Heliport11

C (Maj)

Public transit stations, including bus stops or park and ride lots

P (Maj)

Transport Uses, Taxi, Limousine and EMS

P (Maj)

Utility Uses

Solar Power Plant

C (Maj)

Wind Power Plant

C (Maj)

Utility

C (Maj)

1 Refer to Article 9.39 of the UDO for additional regulations pertaining to Accessory Uses and Buildings. Some Accessory Uses and Buildings that, because of their size, location, or intensity of activity, may have an impact on adjacent property would require Major Site Plan approval.

2 Refer to Article 9.57 of the UDO for additional regulations for Alternative Energy Systems including a solar energy and wind energy device.

3 A minimum of 5 acres is required to establish an agricultural use.

4 Refer to Article 9.39, G. Beekeeping of the UDO for additional regulations.

5 Drive-up Windows shall be placed in the side or rear yard only.

6 Within the B-1 or APD Districts, a fueling station shall have a maximum of 2 pumps that are located in the side or rear yard only.

7 Shall be located on a thoroughfare.

8 Permitted as a Home Occupation.

9 See Article 9.05(A)(12) for regulations of Self-Storage Facilities.

10 Residential uses permitted alongside those otherwise permitted in district in which it is located.

11 A Heliport shall be set back a minimum of 100 feet from any property line.

(Ord. 09-23; 20-25; 26-25)

9.07 Overlay Zoning District Standards

A. Mixed Use

1. Purpose

The Mixed-Use Overlay District is meant to encourage medium density mixed-use development with a required above-grade residential or office component, pedestrian-friendly site design, and an urban street character, in order to increase pedestrian traffic, reduce vehicular traffic, promote innovative use of space, promote energy efficient design, conserve land, and accommodate a range of compatible land uses through appropriate site design. Mixed-Use Overlay Districts are intended to provide areas in which a variety of housing types exist among neighborhood-serving commercial and institutional uses and employment opportunities. The Mixed-Use Overlay District encourages the development of compact, pedestrian-scaled, mixed-use neighborhoods and commercial centers. It is also intended to help advance revitalization initiatives along commercial corridors and recognizes the market demand for new residential and commercial development within compact, pedestrian friendly districts. Mixed-Use zoning is intended to work in conjunction with the proactive development of pocket parks and plazas, open spaces, and the creation of public spaces within the districts. Mixed-Use zoning can support commercial corridor redevelopment plans and urban design guidelines or standards that require high quality development that is consistent with the character of the district. It specifically discourages those uses that promote a strip center development pattern, promote idle land and over parking, and detract from the image enhancement intentions of this district. A Mixed-Use Overlay District may overlay several base districts. The Mixed-Use Overlay Districts include: Neighborhood Center District, Community Center District, the Corporate Business District.

2. Permitted Land Uses

The uses permitted in each underlying district are limited to the boundaries of that district, and the regulations of the underlying district shall govern, except where additional uses are expressly allowed under this Section. Table 9.2 lists the permitted land uses and building types by Overlay District.

Table 9.2a: Permitted Land Uses and Building Types by Overlay District
Land Use	GFA* sq. ft.	NC	CC	CB
Residential
Townhouse A and B	any size	P(1)	P(2)	P(2)
Multi-Family	any size	P(1)	P(2)	P(2)
Live-Work	any size	P(1)	P(2)	P(2)
Commercial (3) (4)
Retail Sales and Service, except vehicles
Neighborhood Retail	0 - 5,000	P	P	P
Retail	5,001 - 50,000	N	P	P
Large Format Retail	Greater than 50,000	N	N	P
Restaurants
With a drive-through	any size	N	P	P
Without a drive-through	0 - 5,000	P	P	P
Without a drive-through	Greater than 5,000	N	P	P
Office and Clinics
Neighborhood Office	0 - 5,000	P	P	P
Office	5,001 - 50,000	N	P	P
Large Office	Greater than 50,000	N	N	P
Lodging
Bed and Breakfast	0 - 5,000	P	P	P
Hotel	5,001 - 50,000	P	P	P
Large Hotel	Greater than 50,000	N	N	P
Vehicle Sales and Service, Including Fuel Sales
1 Enclosed in a building	any size	N	P	N
2 Not enclosed in a building	any size	N	P	N
Commercial and Public Parking	any size	N	P	P
Commercial Storage - enclosed in a building only
On an upper story only	any size	P	P	P
Entertainment - enclosed in a building only
1 Theater or a Cinema	0 - 20,000	P	P	P
2 Large Format Theater or a Cinema	20,001 +	N	P	P
Wholesale
1 Less than or equal to 50,000 square feet GFA	0 - 50,000	N	N	P
2 Greater than 50,000 square feet GFA	Greater than 50,000	N	N	P
Government
Point of Service (e.g., Library)	any size	P	P	P
Parks and Open Space	any size	P	P	P
Museum	any size	P	P	P
Schools
1 Pre-school, Daycare or Primary	any size	P	P	P
2 Secondary, College or Vocational	any size	N	P	P
Civic (3) (4)
Religious Institutions
1 Less than or equal to 10,000 square feet GFA	0 - 10,000	P	P	P
2 Greater than 10,000 square feet GFA	10,001 +	N	P	P

Table 9.2a: Legend

* Gross Floor Area in square feet.

Key to Overlay Districts: NC, Neighborhood Center; CC, Community Commercial; CB, Corporate Business; LC, Lifestyle Community

Key to Permitted Uses: P, Permitted; N, Not Permitted; C, Conditional Use

(1) Permitted on upper stories or on ground floors where they do not use storefront space.

(2) Uses shall not exceed 50 percent of the ground floor area of the building per parcel.

(3) Surface parking areas shall not be within 50 feet of a street intersection, as measured from the property line(s).

(4) Fueling islands and drive-up/through facilities including any canopy shall not be located in a front yard.

3. Rezoning and Development Review/Approval of Plans

Applications shall be processed in accordance with the same review and hearing procedures as a proposal for a zoning district change, as described in Section 5.09, Development Plan. Mixed-Use Overlay District applications may be submitted only if the project is located within the Mixed-Use Overlay District. However, this mechanism is optional and shall not be required of all projects located within the Mixed-Use Overlay District. Projects not being developed in accordance with the Mixed-Use Overlay District standards shall be developed in accordance with the development standards of the underlying base zoning district.

4. Design Standards

This Section establishes design standards for development in Mixed-Use Districts. These standards shall apply to permitted uses in all Districts.

The design standards described in this subsection are intended to promote good quality design in site development and new building construction within mixed-use zoning designations. Good design in mixed-use zones results in buildings and dwellings visually compatible with one another and adjacent neighborhoods, contributing to a district which is attractive, visually stimulating, active and safe. These qualities contribute to the creation of an environment which facilitates easy pedestrian movement and a rich mixture of uses. A diversity of architectural styles is encouraged except in large scale mixed-use developments where unified architectural and urban design is important to the identity of the development project. All new development and expansions of existing uses located in mixed-use districts shall comply with these design standards during Development Review.

5. Building and Site Design Standards

The standards contained in this subsection are intended to encourage good quality, pedestrian-sensitive design in new building construction.

a. Building Entry and Orientation Requirements

The purpose of this subsection is to require buildings and entrances to be oriented to the street to the maximum extent practicable to encourage pedestrian access and movement. Requirements for orientation and primary entrances are intended to provide for convenient, direct and accessible pedestrian routes to and from public sidewalks; provide for safe, pleasant and convenient pedestrian circulation by connecting activities within a structure to the adjacent sidewalk and to nearby transit stops where available; and promote the use of pedestrian modes of transportation to retail and commercial facilities.

The following design standards shall apply to development in NC, CC, and CB Districts except where noted:

i. All ground-floor tenant spaces with at least 25 feet of frontage facing a public or private street shall have at least one building entrance oriented to the adjacent street. Such an entrance shall open directly to the outside and shall not require a pedestrian to first pass through a garage, parking lot or loading area to gain access to the entrance from the street, but the entrance may include architectural features such as arcades, anti-chambers, porticos and the like without being in violation of this provision.

ii. If a building has frontage on more than one street, the building shall provide a main building entrance oriented to one of the streets or a single entrance to the corner where the two streets intersect.

iii. Where one single tenant has 200 feet or more of frontage on a pubic or private street, one additional entrance shall be provided for each 200 feet of frontage on one of the public or private streets.

iv. Freestanding banking institutions and restaurants located in the CB District are exempt from the provisions contained in this subsection and may locate the primary building entrance on any façade of the structure.

v. A clear internal site pedestrian sidewalk or pathway shall be provided to the building entrance from all public or private street sidewalks. A building may have more building entrances than required by this Section oriented to a public or private street, and may have secondary entrances facing off-street parking areas and loading areas.

vi. An exception to the requirement of paragraph (a) above shall be allowed upon finding that:

1) The slope of the land between the building and the street is greater than 1:12 for more than 20 feet and a more accessible pedestrian route to the building is available from a different side of the building;

2) The land between the building and the street contains a natural resource which would be unavoidably and irreparably degraded by providing a reasonably direct pedestrian connection and an alternative route without such impacts is available; or

3) The land between the building and the street contains mature, healthy trees of greater than 8" caliper which would be unavoidably destroyed or damaged by any reasonably direct routing of a pedestrian connection and an alternative route without such impacts is available.

vii. Residential dwellings fronting on a public or private street shall have a main entrance to the dwelling opening onto the front of the dwelling at the ground floor level. Such an entrance shall open directly to the outside and shall not require passage through a garage to gain access to the doorway. The doorway may be above final grade where a porch, stoop, portico, anti-chamber, wheelchair ramp or similar architectural feature is included in the design. Ground floor single-family attached and row/townhouse residential units fronting on a public or private street shall have separate entries directly from the major pedestrian route. Ground floor and upper story residential units in a multi-family building fronting on a public or private street may share one or more entries accessible directly from the street.

viii. Residential building facades over 150 feet in length facing a street shall provide two or more main building entrances.

ix. Entryways into a mixed-use building containing residential units shall be clearly marked with a physical feature incorporated into the building or an appropriately scaled element applied to the façade.

b. Ground Floor Windows and Building Façade Requirements

Long expanses of blank walls facing a street or other public areas detract from the attractiveness of the streetscape and perceived safety of pedestrians using those spaces. The standards of this subsection are intended to enhance street safety and provide a comfortable street environment by providing ground-level features of interest to pedestrians along streets. These standards also have the purpose of encouraging surveillance opportunities where buildings face abutting streets and public areas, preventing fortress-like facades, and avoiding a monotonous pedestrian environment. The standards also help enhance the economic vitality of a neighborhood by providing the opportunity for merchants to display goods and advertise their wares to shoppers by encouraging "window shopping" in mixed-use districts the activity on the street is increased along with security.

The following design standards shall apply to development in NC, CC, and CB Districts

i. All development shall provide ground floor windows on the building façade facing and adjacent to a public street, or facing onto a park, plaza or other public outdoor space. Required windows shall allow views into lobbies or similar areas of activity, pedestrian entrances, or display windows. Required windows shall provide a lower sill no more than three feet above grade; except where interior floor levels prohibit such placement, the sill may be located not less than two feet above the finished floor level to a maximum sill height of 5 feet above exterior grade.

ii. Darkly tinted windows and mirrored windows which block two way visibility are prohibited as ground floor windows required under this provision except where the closest face of the building to the nearest edge of the sidewalk within a public right-of-way or private street parallel and adjacent to the building is greater than 50 feet.

iii. In all districts, building frontages along streets shall break any flat, monolithic facade by including architectural elements such as bay windows, recessed entrances or other articulation so as to provide pedestrian scale to the first floor frontage.

iv. Where ground floor windows are required by this section on multi-family, apartment, public institutional and a commercial structure, any exterior wall facing a public street, public open space, pedestrian walkway and/or transit station shall have windows, display areas or doorways for at least 50 percent of the length and 50 percent of the area of the ground level wall area, which is defined as the area up to the finished ceiling height of the fronting space or 15 feet above finished grade, whichever is less.

v. On a single-family detached residence or a townhome (single-family attached), any exterior wall facing a public street, public open space, pedestrian walkway and/or transit station shall have windows, display areas or doorways for at least 20 percent of the ground level wall area, which is defined as the area up to the finished ceiling height of the fronting space or 15 feet above finished grade, whichever is less.

c. Architectural Design Requirements

Good design results in buildings visually compatible with one another and adjacent neighborhoods, contributing to mixed-use areas which are attractive, stimulating, active and safe.

The following design requirements shall apply to development in NC, CC, and CB Districts:

i. Buildings shall promote and enhance a pedestrian scale and orientation on the facade facing the public street. Street-side building facades and dwelling units within all Mixed-Use Districts shall be varied and articulated to provide visual interest to pedestrians and avoid a flat appearance. In addition, development proposals shall make provisions and include designs consistent with the following:

1) All new commercial, public/institutional, mixed use, and residential buildings constructed within a Mixed-Use District shall demonstrate during the Development Review process that it promotes and enhances a pedestrian scale and orientation on any façade facing a public or private street and it incorporates discernible and architecturally appropriate features; such as, but not limited to, cornices, bases, fenestration, fluted masonry, bays, recesses, arcades, display windows, unique entry areas or other treatments for visual interest, to create community character and to promote a sense of pedestrian scale. The design shall recognize that the simple relief provided by window cutouts or sills on an otherwise flat façade, in and of themselves, does not meet the requirements of this subsection; and

2) All residential dwellings, of any type, constructed within any Mixed-Use District shall be constructed with exterior building materials and finishes of high quality to convey an impression of permanence and durability. Materials such as, and including, masonry, stucco, stone, terra cotta, tile, cedar shakes and shingles, beveled or ship-lap or other narrow-course horizontal boards or siding, articulated architectural concrete masonry units (CMU), and similar durable architectural materials are allowed. Materials such as, and including, T-111 siding, plain or plain painted plywood and strandboard sheets, concrete or cinder block, smooth surface concrete panels, and similar quality and non-durable material are prohibited.

ii. Commercial buildings and sites shall be organized to group the utilitarian functions away from the public view. Delivery and loading operations, heating, ventilating and cooling (HVAC) equipment, trash compacting and collection, and other utility and service functions shall be incorporated into the overall design of the building(s) and the landscaping. The visual and acoustic impacts of these functions, along with all wall or ground-mounted mechanical, electrical and communications equipment shall be out of view from adjacent properties and public streets, and screening materials and landscape screens shall be architecturally compatible with and not inferior to the principal materials of the building and primary landscaping. The visual and acoustic aspects of roof-mounted equipment, vents and chimneys shall be minimized by placing equipment behind parapets, within architectural screening, roof-top landscaping, or by using other aesthetically pleasing methods of screening and deadening the sound of such equipment.

d. Location and Design of Off-Street Parking

Parking should be located and designed so as to not only facilitate its major function but also to complement and encourage easy and safe pedestrian movement to, through and around the facility. The scale and orientation of parking areas shall be consistent with their purposes in supporting a mix of commercial and residential uses and shall be consistent with the pedestrian- and transit-oriented community to which they contribute. Except as expressly modified below, the parking design standards contained in Section 9.29 shall apply. The following additional standards shall apply only within Mixed-Use Districts:

i. No surface parking or maneuvering area shall be located between the facing façade of an adjacent building (or a line extended from the plane thereof) and a public or private street where a maximum setback is prescribed by this Section. Service docks and loading areas may be located between a building and public or private street when an anchor tenant requires the use of delivery vehicles with an overall length of 40 feet or greater and where the service docks and loading areas comply with the provisions contained in Section 9.29, Parking and Loading.

ii. To create pedestrian interest, maneuvering areas, service docks, and loading areas shall be located interior to the site wherever practicable. Where locations of these facilities on the site are in the public view, adjacent to a street, driveway, or pedestrian route and cannot be avoided, exterior building walls or screen walls for such facilities shall include decorative elements that provide visual (pedestrian) interest such as openings with decorative grates, artwork, and decorative tiles. Screening walls surrounding service docks and loading areas shall be a minimum of 12 feet in height. Windows and display area are not required on walls surrounding service docks and loading areas.

iii. Bicycle parking spaces shall be sited so as not to occupy space within, reduce the size of, or impede the use of required sidewalks, pedestrian ways, curbside landscape strips, landscape buffers or usable open spaces. All bicycle parking must be easily accessible and shall be equipped or located so as to allow the bicycle to be conveniently and securely locked to a parking device or within a secured bicycle parking area. Covered bicycle parking shall provide security and protection from the weather. Covered parking may be provided within a parking structure, garage, under a separate roof, within a bicycle locker, or in a designated area within a building or residential complex. Except in single-family detached and duplex dwelling units, allowance for required bicycle parking within an individual residence is not considered to be in compliance with this requirement.

iv. Surface parking areas shall provide perimeter parking lot landscaping adjacent to a street other than a major pedestrian route which meets one of the following standards:

1) A 5 foot wide planting strip between the right-of-way and the parking area shall be provided for streets designated as alley. A 10 foot wide planting strip between the right-of-way and parking area shall be provided for streets designated as boulevards, commercial streets, and neighborhood streets. The planting strip may be pierced by pedestrian-accessible and vehicular accessways. Planting strips shall be planted with large-scale, high canopy, horizontally-branching street tree species and/or an evergreen hedge. Hedges shall be no less than 30 inches or more than 42 inches in height. Hedges and other landscaping shall be planted and maintained to afford adequate sight distance for vehicles exiting the parking lot.

2) In lieu of hedges specified in subsection d.1, decorative walls or fences not to exceed 42 inches in height parallel to and not nearer than 2 feet from the right-of-way line may be utilized. The area between the wall or fence and the back of the sidewalk shall be landscaped. The required wall or screening shall be designed to allow for access to the site and sidewalk by pedestrians and shall be constructed and maintained to afford adequate sight distance as described above for vehicles exiting the parking lot.

v. Surface parking areas shall provide interior landscaping which meets the following standards: If these standards conflict with the standards in Section 9.29 the more restrictive standards should apply.

1) Angled or perpendicular parking spaces shall provide, where needed, full depth curbing, wheel stops, widened curbs or widened sidewalks to prevent bumper overhang into landscape areas or walkways.

2) All surface parking facilities shall include landscaping along the perimeter of the lot to a depth of at least 45 feet. Perimeter landscaping shall not be required where two parking lots using a common driveway are joined by a common circulation aisle or other traffic area, and landscaping may be reduced or eliminated adjacent to landscaped open space in order to transition the open space landscaping into the parking area and afford better access between the two areas. Landscaping shall also be installed within planting bays, and in any other area where parking stalls, circulation aisles, driveways, or pedestrian movements would not be precluded by the landscaping. The minimum amount of required landscaping is 10 percent of the area devoted to outdoor parking facilities. All landscaping required under the provisions of this subsection may be applied towards compliance with other applicable landscaping requirements.

3) A minimum of one three-inch caliper street tree shall be provided in protected planting bays located within the surface parking area at the end of each parking row and at intervals not exceeding 100 feet within the parking rows. Planting bays shall have a minimum width of five feet and a minimum area of 185 square feet for double loaded parking bays and 90 square feet for single loaded parking bays. The remainder of each bay shall be landscaped in a manner consistent with the provisions of this subsection.

4) All parking lot construction, internal walkways, markings and access shall meet and fully comply with the requirements of the Americans with Disabilities Act.

vi. Except in residential areas, parking associated with new development shall be designed to the extent practicable to connect with auto parking areas on adjacent sites to eliminate the necessity of utilizing the street for parallel movements.

vii. General Landscaping Standards for Off-Street Parking Areas.

1) The minimum planting size for all required trees shall be 2½ inch caliper as measured by American Association of Nurserymen standards. Trees shall be deciduous shade trees capable of at least 35 feet in height and spread at maturity.

2) A minimum of 70 percent of all required landscaped areas, including required planting strips and planting bays, shall be covered with trees, or shrubs. All areas shall also include continuous ground cover consisting of lawn, low growing evergreen shrubs, or evergreen ground cover.

3) Evergreen shrubs shall be not less than 2 feet higher than the finished grade at the time of planting. Evergreen shrubs shall be of the type that grows to be at least 36 inches higher than finished grade.

viii. All curb cuts are subject to approval based on standards to ensure safe pedestrian circulation, traffic flow, access points needed for the proper functioning of the development and the objectives of this Section. To meet these standards, consolidation of curb cuts may be a condition of development approval.

e. Requirements for Drive-Through Facilities

Where drive-through facilities are permitted in the Mixed-Use Districts the following standards shall apply:

i. Drive-through service lanes shall be located in the side yard or rear yard. The Planning Commission may approve a drive-through service lane in the front yard for a corner lot or through lot where the configuration of such lot precludes its placement in the side or rear yard.

ii. A drive-through lane located in the front yard shall be buffered by evergreen shrubs. The shrubs shall be not less than two feet higher than finished grade at the time of planting. Evergreen shrubs shall be of the type that grows to be at least 36 inches higher than finished grade.

f. Requirements for Improvements Between Streets and Buildings

Landscaping or "hardscaping" of property between the street curb and buildings promotes and enhances a comfortable pedestrian scale and orientation and encourages pedestrian use of the area. The following street design standards shall apply to development in NC, CC, and CB Districts:

i. The property between the street curb and an adjacent building shall be landscaped or hardscaped. Landscaping shall be irrigated.

ii. Where a hard-surfaced area, other than a pedestrian connection leading from the sidewalk to a building entrance, is used in lieu of landscaping between the sidewalk and the building, such areas shall contain at least two pedestrian-sensitive amenities. Such amenities include, but are not limited to, benches, low walls with seating or planters atop, drinking fountains, courtyards, free-standing planters, street furniture, public art or other pedestrian space or design features integrated into the overall design of the building or portion of the site in order to enhance the pedestrian environment. Single-family detached dwellings are excluded from this requirement.

iii. Trees selected from the City's approved street tree list. Trees may be within tree wells with a minimum planting area of 15 square feet (with standard 3' x 5', 4' x 4' or 4' diameter cast iron grates). Such trees shall be planted every 30 feet on center (or, depending on species, at some other distance to ensure their proper spacing) so as to develop a continuous canopy when mature. Street trees shall be at least 2 and ½ inches in caliper at planting, shall be planted within an approved root barrier, and shall be irrigated and maintained by the property owner along with other landscaping planted within the parking strip.

iv. Topping, shearing or pollarding of street trees is prohibited, unless necessary to protect overhead utility lines.

v. Except as noted below, all public utility distribution and service connections to new buildings and dwellings within all Mixed-Use Districts shall be underground. Aerial utility service (electricity, telephone, cable, etc.) may be used in new construction where all of the following circumstances apply:

1) The project is an in-fill building or dwelling within an existing neighborhood where utility service is provided aerially rather than underground;

2) The project is located between other utility users on the same block front;

3) It would not be practicable to serve the new project underground without also serving the neighboring uses; and

4) The neighboring uses on the same block front and the utility company are unwilling to pay the additional cost of placing service underground.

vi. Ornamental street lights shall be installed when public right-of-way improvements are required as a part of a development.

vii. Bulb-outs, or curb extensions, shall be constructed at all intersections of public streets when public right-of-way improvements are required as a part of a development. The design of the bulb-outs shall be approved by the City Engineer.

g. Civic Spaces

Civic spaces, including neighborhood parks, greens, squares, plazas and playgrounds, must be an integral part of a mixed-use development. These spaces must be designed and configured to be clearly recognizable as public open space. Civic spaces should be located so that building walls having at least 15 percent of their area in transparent windows will face the space to make the space safer for the pubic. Each civic space must have at least 50 percent of its perimeter and at least two sides directly adjoining a public street. The combined area of all civic spaces must be at least three but no more than seven percent of the site's total acreage.

6. Lot and Building Types

Each mixed-use development should contain a variety of building types. Differing building and lot types may be placed back-to-back, on a single block to provide to provide transitions between lot types. Lot types should be selected to provide buildings of like scale and massing on opposite sides of the street. The following building and lot types shall be permitted and are further illustrated in Exhibits 9.0 thru 9.13:

7. Permitted Street Types

Each mixed-use development should provide an interconnected network of streets, alleys, lanes or other passageways. The following street types shall be permitted and are further illustrated in Exhibits 9.14 thru 9.19.

B. Neighborhood Residential

1. Purpose

The purpose of this ordinance is to allow the optional development and redevelopment of land consistent with the design principles of traditional neighborhoods. A Neighborhood Residential Development:

a. Is compact;

b. Is designed for the human scale;

c. Provides a mix of uses, including residential, commercial, civic, and open space uses in close proximity to one another within the neighborhood;

d. Provides a mix of housing styles, types, and sizes to accommodate households of all ages, sizes, and incomes;

e. Incorporates a system of relatively narrow, interconnected streets with sidewalks, bikeways that offer multiple routes for motorists, pedestrians, and bicyclists and provides for the connections of those streets to existing and future developments;

f. Retains existing buildings with historical features or architectural features that enhance the visual character of the community; and

g. Incorporates significant environmental features into the design.

2. Applicability

The Neighborhood Residential development standards may be applied to:

a. New development of 15 acres or more of land at any locus within the Neighborhood Residential overlay area; or,

b. Ten acres or more of land contiguous to existing development at any locus within the Neighborhood Residential overlay area; or,

c. Redevelopment or infill development within areas designated for Neighborhood Residential Centers

The Neighborhood Residential District is established through rezoning and only in conjunction with base zoning districts. Letters, numbers, or a combination thereof, shall be combined with other applicable district designations to the property(ies) on which an overlay district is established. Except as modified by the overlay zoning district, the provisions of the applicable base-zoning district shall apply to all development within the boundary of the designated area. If regulations conflict, the applicable overlay zoning district regulations shall prevail.

3. Rezoning and Development Review/Approval of Plans

Applications shall be processed in accordance with the same review and hearing procedures and development review procedures as a proposal for a zoning district change, as described

in Section 5.09, Site Plan-Major. Neighborhood Residential District applications may be submitted only if the project is located within the Neighborhood Residential District. However, this mechanism is optional and shall not be required of all projects located within the Neighborhood Residential District. Projects not being developed in accordance with the Neighborhood Residential District standards shall be developed in accordance with the development standards of the underlying base zoning district.

4. Design Standards

a. Mix of Uses.

In order to achieve the proximity necessary to make neighborhoods walkable, it is important to mix land uses. A Neighborhood Residential District should consist of a mix of residential uses, a community center, and open space as listed below:

i. Residential uses. The following types can occur anywhere within the Neighborhood Residential development. For infill development, the mix of residential uses may be satisfied by existing residential uses adjacent to the Neighborhood Residential Development.

1) Single-family detached dwellings;

2) Single-family attached dwellings, including duplexes, townhomes, or row houses;

3) Multifamily dwellings, including senior housing;

4) Accessory dwelling units within a single-family unit.

ii. Community Center, composed of a mix of commercial, residential, civic or institutional, and open space uses as identified below. The project dimensions should be organized so that residential blocks are within approximately 1/4 mile from the Community Center.

1) Commercial Uses in the Community Center. Individual businesses should not exceed 5,000 square feet in size, but may be larger for specialty and bulk sales stores. In addition, the following active, pedestrian-oriented uses are desired:

a. Food services (neighborhood grocery stores; butcher shops; bakeries; restaurants, not including drive-throughs; cafes; coffee shops; neighborhood bars or pubs);

b. Retail uses (florists or nurseries; hardware stores; stationery stores; book stores; studios and shops of artists and artisans);

c. Services (day care centers; music, dance or exercise studios; offices, including professional and medical offices; barber; hair salon; dry cleaning);

d. Accommodations (bed and breakfast establishments, small hotels or inns).

2) Residential Uses in the Community Center

a. Single-family attached dwellings, including duplexes, townhomes or rowhouses;

b. Multifamily dwellings, including senior housing;

c. Residential units located on upper floors above commercial uses or to the rear of storefronts;

d. "Live/work" units that combine a residence and the resident's workplace;

e. "Special needs" housing, such as community living arrangements and assisted living facilities.

3) Civic or Institutional Uses in the Community Center

a. Municipal offices, fire stations, libraries, museums, community meeting facilities, and post offices;

b. Transit shelters;

c. Places of worship;

d. Educational facilities.

4) Open Space Uses in the Community Center

a. Central square;

b. Neighborhood park;

c. Playground.

In addition to the open spaces within the Community Center, open spaces shall be incorporated elsewhere in the Neighborhood Residential District.

b. Lot and Building Types

The following lot and building types permitted in the Neighborhood Residential District are further illustrated in Exhibits 9.0 through 9.13 and include:

i. Single-Family House

ii. Single-Family House – Sideyard

iii. Single-Family House - Manor

iv. Single-Family House – Estate

v. Single-Family House – Neo-Traditional

vi. Townhome A

vii. Townhome B

viii. Two-Family Duplex

ix. Multi-Family

x. Live-Work

xi. Neighborhood Scale Retail

xii. Neighborhood Scale Office

xiii. Neighborhood Scale Mixed-Use

c. Street Types

The following street types permitted in the Neighborhood Residential District are further illustrated in Exhibits 9.14 though 9.19 and include:

i. Trail

ii. Path

iii. Alley

iv. Boulevard

v. Neighborhood Street

vi. Commercial Street (only in Community Center area)

d. Compact Design

In order to create a compact design, the following standards of density and dimensions will be included in any Neighborhood Residential development proposal.

i. Open Space. At least 15 percent of the gross acreage of the Neighborhood Residential development must be open space. At least 25 percent of the open space must be common open space dedicated to the public for parkland. Ninety percent of the lots within the areas devoted to residential uses shall be within a ¼ mile from common open space. Large outdoor recreation areas should be located at the periphery of neighborhoods rather than central locations.

ii. Residential Units. The number of residential dwelling units and the amount of nonresidential development (excluding open spaces) shall be determined as follows:

1) In areas devoted to Residential uses:

a. The number of single-family attached and detached units permitted shall be 2.5 dwelling units per net acre;

b. The number of multi-family units shall be 14 dwelling units per net acre.

c. Accessory dwelling units shall be permissible in addition to the number of dwelling units authorized under this section. However, the total number of accessory dwelling units shall not be more than 10 percent of the total number of single-family attached and detached units.

2) In Community Center areas:

a. The number of single-family and multi-family dwelling units permitted shall be calculated the same as above plus an additional number of units not to exceed 10 percent of the amount permitted above.

b. All dwelling units constructed above commercial uses shall be permissible in addition to the number of dwelling units authorized under this section. However, the total number of dwelling units shall not be increased by more than 10 dwelling units or 10 percent, whichever is greater.

iii. Commercial Space. The total ground floor area of nonresidential development uses, including off-street parking areas, shall not exceed 25 percent of the Neighborhood Residential development.

iv. Lot and Block Standards.

1) Block and lot size diversity. Street layouts should provide for development blocks that are generally in the range of 200-400 feet deep by 400-800 feet long. A variety of lot sizes should be provided that allow diverse housing choices.

2) Lot Width. Lot widths should create a relatively symmetrical street cross section that reinforces the public space of the street as a simple, unified public space.

3) Lot Orientation. Lot design should allow for passive solar designs for buildings. Typically this will place longer walls along an east-to-west axis.

v. Building Setbacks.

1) Building Setback, Front – Community Center Area. Structures in the Community Center area have no minimum setback. Commercial and civic or institutional buildings should abut the sidewalks in the Community Center area.

2) Building Setback, Front - Residential. Single-family detached residences shall have a building setback as a 15' to 25' build to zone in the front. Single-family attached residences and multifamily residences shall have a building setback as a build to zone in the front between 0 and 15 feet.

3) Building Setback, Rear - Residential. The principal building on lots devoted to single-family detached residences shall be setback no less than 30 feet from the rear lot line.

4) Side Setbacks. Provision for single-family sideyard lot should be made, provided that a reciprocal access easement is recorded for both lots and townhouses or other attached dwellings, provided that all dwellings have pedestrian access to the rear yard through means other than the principal structure.

e. Architectural Standards.

A variety of architectural features and building materials is encouraged to give each building or group of buildings a distinct character.

i. Guidelines for Existing Structures

Any structure designated as a landmark shall be protected from demolition or encroachment by incompatible structures or landscape development. The U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Properties shall be used as the criteria for renovating historic or architecturally significant structures.

ii. Guidelines for New Structures

1) Height. New structures within a Neighborhood Residential development shall be no more than three stories for single-family residential, or five stories for commercial, multifamily residential, or mixed use.

2) Entries and Facades

a. The architectural features, materials, and the articulation of a facade of a building shall be continued on all sides visible from a public street or courtyard.

b. The front facade of the principal building on any lot in a Neighborhood Residential development shall face onto a public street.

c. The front facade shall not be oriented to face directly toward a parking lot.

d. Porches, roof overhangs, or other similar architectural elements shall define the front entrance to all residences.

e. For commercial buildings, a minimum of 50 percent of the front facade on the ground floor shall be transparent, consisting of window or door openings allowing views into and out of the interior. New structures on opposite sides of the same street should follow similar design guidelines. This provision shall not apply to buildings bordering civic uses.

iii. Garages and Accessory Dwelling Units: Garages and accessory dwelling units may be placed on a single-family detached residential lot within the principal building or an accessory building provided that the accessory dwelling unit shall not exceed 500 square feet.

iv. Exterior signage: Sign standards applicable to the underlying base district standards shall apply unless otherwise modified by this section. A comprehensive sign program is required for the entire Neighborhood Residential development to establish a uniform theme. Signs shall share a common style (e.g., size, shape, material). In the mixed-use area, signs shall be either a wall or a projecting sign. Ground mounted signs shall be prohibited. A projecting sign shall be mounted perpendicular to the building face and shall not exceed eight square feet. A wall sign shall be sized and placed to fit within the architectural elements.

f. Circulation Standards

The circulation system shall provide for different modes of transportation. The circulation system shall provide functional links within the Residential areas, Community Center area, and open space and shall be connected to existing and proposed external development. The circulation system shall provide adequate traffic capacity, provide connected pedestrian and bicycle routes (especially off street bicycle or multi-use paths or bicycle lanes on the streets), limit access onto streets of lower traffic volume classification, and promote safe and efficient mobility through the Neighborhood Residential development.

i. Pedestrian Circulation. Convenient pedestrian circulation systems that minimize pedestrian-motor vehicle conflicts shall be provided continuously throughout the Neighborhood Residential development. Where feasible, any existing pedestrian routes through the site shall be preserved and enhanced. All streets, except for alleys, shall be bordered by sidewalks on both sides. The following provisions also apply:

1) Residential Sidewalks. Clear and well-lighted sidewalks, five feet in width, shall connect all dwelling entrances to the adjacent public sidewalk.

2) Community Center Sidewalks. Clear and well-lit walkways shall connect building entrances to the adjacent public sidewalk and to associated parking areas.

3) Disabled Accessibility. Sidewalks shall comply with the applicable requirements of the Americans with Disabilities Act.

4) Crosswalks. Intersections of sidewalks with streets shall be designed with clearly defined edges. Crosswalks shall be well lit and clearly marked with contrasting paving materials at the edges or with striping.

ii. Bicycle Circulation. Bicycle circulation shall be accommodated on streets and/or on dedicated bicycle paths. Where feasible, any existing bicycle routes through the site shall be preserved and enhanced. Facilities for bicycle travel may include off-street bicycle paths (generally shared with pedestrians and other non motorized users) and separate, striped, 4-foot bicycle lanes on streets. If a bicycle lane is combined with a lane for parking, the combined width shall be 14 feet.

iii. Public Transit Access. Where public transit service is available or planned, convenient access to transit stops shall be provided. Where transit shelters are provided, they shall be placed in highly visible locations that promote security through surveillance, and shall be well-lighted.

iv. Motor Vehicle Circulation. Motor vehicle circulation shall be designed to minimize conflicts with pedestrians and bicycles. Traffic calming features such as "queuing streets," curb extensions, traffic circles, and medians may be used to encourage slow traffic speeds.

v. Street Hierarchy. Each street within a Neighborhood Residential development shall be classified according to the following (arterial streets should not bisect a Neighborhood Residential development):

1) Collector. This street provides access to commercial or mixed-use buildings, but it is also part of the City's major street network. On-street parking, whether diagonal or parallel, helps to slow traffic. Additional parking is provided in lots to the side or rear of buildings. This type of street includes the Commercial Street and Boulevard as illustrated in Exhibit 9.18 and 9.19.

2) Sub-collector. This street provides primary access to individual residential properties and connects streets of lower and higher function. Design speed is 25 mph. This type of street includes the Neighborhood Street as illustrated in Exhibit 9.17.

3) Local Street. This street provides primary access to individual residential properties. Traffic volumes are relatively low, with a design speed of 25 mph. This type of street includes the Neighborhood Street as illustrated in Exhibit 9.17.

4) Alley. These streets provide secondary access to residential properties where street frontages are narrow, where the street is designed with a narrow width to provide limited on-street parking, or where alley access development is desired to increase residential densities. Alleys may also provide delivery access or alternate parking access to commercial properties. This type of street includes the Alley as illustrated in Exhibit 9.16.

vi. Street Layout. The Neighborhood Residential development should maintain the existing street grid, where present, and restore any disrupted street grid where feasible. In addition:

1) Intersections shall be at right angles whenever possible, but in no case less than 75 degrees. Low volume streets may form three-way intersections creating an inherent right-of-way assignment (the through street receives precedence), which significantly reduces accidents without the use of traffic controls.

2) Corner Radii. The roadway edge at street intersections shall be rounded by a tangential arc with a maximum radius of 15 for local streets and 20 feet for intersections involving collector or arterial streets. The intersection of a local street and an access lane or alley shall be rounded by a tangential arc with a maximum radius of 10 feet.

3) Curb Cuts. Curb cuts for driveways to individual residential lots shall be prohibited along arterial streets. Curb cuts shall be limited to intersections with other streets or access drives to parking areas for commercial, civic or multifamily residential uses. Clear sight triangles shall be maintained at intersections unless controlled by traffic signal devices:

4) Street Orientation. The orientation of streets should enhance the visual impact of common open spaces and prominent buildings, create lots that facilitate passive solar design, and minimize street gradients. All streets shall terminate at other streets or at public land, except local streets may terminate in stub streets when such streets act as connections to future phases of the development. Local streets may terminate other than at other streets or public land when there is a connection to the pedestrian and bicycle path network at the terminus.

vii. Parking requirements. Parking areas for shared or community use should be encouraged. In addition:

1) In the mixed-use area, any parking lot shall be located at the rear or side of a building. If located at the side, screening shall be provided as specified in Section 9.29.

2) A parking lot may not be adjacent to or opposite a street intersection.

3) In the mixed-use area, a commercial use must provide three parking spaces per 1,000 square feet of gross building area.

4) Parking lots or garages must provide not less than one bicycle parking space for every 10 motor vehicle parking spaces.

5) Adjacent on-street parking may apply toward the minimum parking requirements.

6) In the mixed residential areas, parking may be provided on-site. Parking on-site shall provide parking as required in Exhibit 9.0-9.13, Lot and Building Type Standards.

7) Multi - family uses shall provide parking as required in the corresponding Exhibit 9.5, Townhome A; Exhibit 9.6, Townhome B; and Exhibit 9.7, Two Family Duplex Lot and Building Type Standards.

viii. Service access. Access for service vehicles should provide a direct route to service and loading dock areas, while avoiding movement through parking areas.

1) Paving. Reduction of impervious surfaces through the use of interlocking pavers is strongly encouraged for areas such as remote parking lots and parking areas for periodic uses.

ix. Outdoor lighting.

1) Street lighting design shall meet the minimum standards developed by the Illumination Engineering Society and as further regulated in Section 9.27.

2) Exterior lighting shall be directed downward in order to reduce glare onto adjacent properties.

g. Landscaping and Screening Standards.

Overall composition and location of landscaping shall complement the scale of the development and its surroundings. In general, larger, well-placed contiguous planting areas shall be preferred to smaller, disconnected areas.

i. General Screening. Required screening shall be in accordance with the base zoning district requirements.

ii. Street trees. A minimum of one deciduous canopy tree per 40 feet of street frontage, or fraction thereof, shall be required. Trees can be clustered and do not need to be evenly spaced. Trees should preferably be located between the sidewalk and the curb, within the landscaped area of a boulevard, or in tree wells installed in pavement or concrete. If placement of street trees within the right-of-way will interfere with utility lines, trees may be planted within the front yard setback adjacent to the sidewalk.

iii. Parking Area Landscaping and Screening.

1) All parking and loading areas fronting public streets or sidewalks, and all parking and loading areas abutting residential districts or uses, shall provide:

a. A landscaped area at least 10 feet wide along the public street or sidewalk;

b. Screening at least three feet in height and not less than 50 percent opaque; and

c. One tree for each 25 linear feet of parking lot frontage.

2) Parking area interior landscaping. The corners of parking lots, "islands," and all other areas not used for parking or vehicular circulation shall be landscaped per Section 9.25. Vegetation can include turf grass, native grasses or other perennial flowering plants, vines, shrubs or trees. Such spaces may include architectural features such as benches, kiosks or bicycle parking.

3) In large parking lots containing more than 200 spaces, an additional landscaped area of at least 300 square feet shall be provided for each 25 spaces or fraction thereof, containing one canopy tree. The remainder shall be covered with turf grass, native grasses or other perennial flowering plants, vines or shrubs.

h. Stormwater Management. The design and development of the development should minimize off-site stormwater runoff, promote on-site filtration, and minimize the discharge of pollutants to ground and surface water and comply with the requirements of Section 9.35.

C. Residential Conservation

1. Purpose

The Residential Conservation District is intended to provide a mechanism allowing the revitalization or conservation of older areas or districts possessing distinctive features, identity, or character worthy of retention and enhancement.

2. Applicability

a. The Residential Conservation District is primarily designed to accommodate improvements in the R-1d, Single-Family Residential District directly adjacent to the APD, Architectural Preservation District. This older residential neighborhood includes lots that do not entirely conform to existing district standards but contain some of the community's most unique housing and street patterns.

b. The Residential Conservation District is established through rezoning and only in conjunction with base zoning districts. Letters, numbers, or a combination thereof, shall be combined with other applicable district designations to the property(ies) on which an overlay district is established. Except as modified by the overlay zoning district, the provisions of the applicable base-zoning district shall apply to all development within the boundary of the designated area. If regulations conflict, the applicable overlay zoning district regulations shall prevail.

c. Whenever an overlay district is established, any subsequent application to change the base-zoning district shall not be construed to be an application to eliminate the overlay district for the property covered by the application. An intent to eliminate the overlay district on a given property shall be expressly stated to be part of the application.

3. Rezoning and Development Review/Approval of Plans

Applications shall be processed in accordance with the same review and hearing procedures as described in Section 5.09. Residential Conservation District applications may be submitted only if the project is located within the Residential Conservation District. However, this mechanism is optional and shall not be required of all projects located within the Residential Conservation District. Projects not being developed in accordance with the Residential Conservation District standards shall be developed in accordance with the development standards of the underlying base zoning district. (Ord. 17-14)

4. Standards

No building or grading permit for a project within a Residential Conservation District shall be issued by the Building Official unless the use, alteration or construction meets the following standards.

a. Site Design

The intent of these design standards is to encourage residential buildings that address the street in a manner which creates a consistent "facade line" and defines the public and semi-public realms. In addition, where fences or dense landscaping exist, or are proposed, it is intended that they be used to define the boundaries of private property without eliminating the visibility of the house and front yard from the street.

i. Building orientation. The front facades of all principal structures shall be parallel to the street. On corner lots, both street facing facades must be parallel to the intersecting streets. On curvilinear streets, the front facade of all structures shall be parallel to the tangent of the midpoint of the arc of the street. One element, such as a bay window or dormer, placed at a front corner of the building may be on a diagonal from the street if desired.

ii. Build-to lines. On parcels or lots of less than 15,000 square feet, at least 60 percent of the front façade shall be within 5 feet of the minimum front yard setback line. On corner sites, at least 60 percent of both street facades of the building shall be within 5 feet of the minimum setback lines. Porches may be used meet the 60 percent standard.

iii. Fences. Fences, hedgerows, and planter boxes shall not be more than 42 inches high, measured from natural grade, in all areas forward of the front facade of the house.

b. Building Form

The intent of the following building form standards is to respect the scale of the City's older homes by creating new homes which are more similar in their massing.

c. Secondary Mass

All new structures shall locate at least 10 percent of their total square footage above grade in a mass which is completely detached from the principal building, or linked to it by a subordinate connecting element. Accessory buildings such as garages, sheds, and Accessory Dwelling Units are examples of appropriate uses for the secondary mass.

d. Parking, Garages, and Carports

The intent of the following parking, garages, and carport standards is to minimize the potential for pedestrian and vehicular conflicts to minimize the presence of garages at the street front.

i. On the street facing facade(s), the width of the living area on the first floor shall be at least five feet greater than the width of the garage or carport.

ii. The front facade of the garage or the frontmost supporting column of a carport shall be set back at least 10 feet further from the street than the frontmost wall of the house.

iii. On lots of at least 12,000 square feet in size, the garage or carport maybe forward of the front facade of the house only if the garage doors or carport entry are perpendicular to the street (side-loaded).

iv. When the floor of a garage or carport is above or below the street level, the driveway cut within the front yard setback shall not exceed 2 feet in depth, measured from natural grade.

v. The vehicular ramp width of a garage or carport shall not be greater than 24 feet.

vi. The garage doors shall be single stall doors.

e. Building Elements

The intent of the following building elements standards is to ensure that each residential building has street-facing architectural details and elements which provide human scale to the facade, enhance the walking experience, and reinforce local building traditions.

i. Street oriented entrance and principal window. All single-family homes, town, houses, and duplexes shall have a street-oriented entrance and a street facing principal window. In the case of townhouses and accessory units facing courtyards or gardens, entries and principal windows should face those features.

1) On corner lots, entry and principal windows should face whichever street has a greater block length. Multiple unit residential buildings shall have at least one street oriented entrance for every 4 units, and front units must have a street-facing principal window. This standard shall be satisfied if all of the following conditions are met:

a. The entry door shall be no more than 10 feet back from the frontmost wall of the building. Entry doors shall not be taller than eight feet.

b. A covered entry porch of 50 or more square feet, with a minimum depth of six feet six, shall be part of the front facade. Entry porches and canopies shall not be more than one story in height.

ii. A street-facing principal window requires that a significant window or group of windows face street.

1) One story element. All residential buildings shall have a one-story street facing element the width of which comprises at least 20 percent of the building's overall width. For example, a one story element may be a porch roof, architectural projection, or living space.

2) Windows. Street facing windows shall not span through the area where a second floor level would typically exist, which is between nine and 12 feet above the finished first floor. For interior staircases, this measurement will be made from the first landing if one exists.

3) Lightwells. All areaways, lightwells and/or stairwells on the street facing facade(s) of a building shall be entirely recessed behind the front most wall of the building.

f. Context

The intent of the following standards is to reinforce the unique character of the neighborhood by drawing upon the City's vernacular architecture and neighborhood characteristics in designing new structures.

The quality of the exterior materials and details and their application shall be consistent on all sides of the building.

i. Materials shall be used in ways that are true to their characteristics. For instance stucco, which is a light or non-bearing material, shall not be used below a heavy material, such as stone.

ii. Highly reflective surfaces shall not be used as exterior materials.

g. Inflection

The following standard must be met for parcels which are 6,000 square feet or over:

i. If a one story building exists directly adjacent to the subject site, then the new construction must step down to one story in height along their common lot line. If there are one story buildings on both sides of the subject site, the applicant may choose the side towards which to inflect. A one story building shall be defined as follows: A one story building shall mean a structure, or portion of a structure, where there is only one floor of fully usable living space, at least 12 feet wide across the street frontage. This standard shall be met by providing a one story element which is also at least 12 feet wide across the street frontage.

D. Residential Lifestyle Community

1. Purpose

A Lifestyle Community is a large scale residential development catering to and associated with a specific lifestyle, the central focus of the community. Such community shall be designed in a manner to maintain the overall single family residential character of the City. The central focus of a Lifestyle Community relates to the active or passive recreational lifestyle of the residents within the community. This focus is to be the dominant element within a Lifestyle Community. All elements and amenities of this community are designed to emphasize this focus. A Lifestyle Community may also provide varying detached and attached housing opportunities.

2. Applicability

An overall master plan for a lifestyle community shall be approved by the City in accordance to the approval requirements of Section 5.11, Development Approvals of this Ordinance and the following requirements:

a. The Community Master Plan must specifically describe and define the focus of the community. Development plans of the community focus shall be incorporated into the master plan.

b. The Community Master Plan shall show the location of all development parcels, their intended use(s), acreage, and density.

c. The intended use(s) that have been approved in the Community Master Plan for development parcels may be changed or re-configured subject to approval by the approving authority.

d. Any substantial change to the approved Master Plan regarding the use, community focus, or the location, size or density of any individual development parcel shall be considered an amendment to the Community Master Plan and shall be subject to approval by the approving authority in accordance with Section 5.09 of this UDO. A substantial change includes one or more of the following:

i. The addition of any use permitted in this section of the UDO that was not included as a part of the approved Community Master Plan,

ii. An increase in density of 1 dwelling unit per acre or more in a individual development parcel,

iii. A 33% or 5 acre, whichever is the lesser acreage, increase or decrease in a individual development parcel, or

iv. A shift in the location of a development parcel greater than 300 feet.

e. Limit access and establish a reserve area per the cluster development standards in this Section 9.05 of the UDO.

f. The Community Master Plan may include the final development plans for any or all individual development parcels.

3. Standards

a. A Lifestyle Community must be at least 200 acres in size.

b. A Lifestyle Community shall devote at least 40% of the gross land area to the central focus of the community.

c. The maximum density for the entire lifestyle community shall not exceed 2 dwelling units per acre.

d. The following types of communities may be permitted as a Lifestyle Community:

i. Golf Course Community

ii. Resort Community where the central focus is public or private open space that incorporates two or more of the following:

1) Natural areas of woods and streams or ponds.

2) Walking, hiking, running, or bicycling trails.

3) Lakes for boating, fishing, or water skiing.

4) Tennis, cross-country skiing, swimming or other non-motorized recreational activity involving a course or court.

5) Horse stables and riding trails.

6) Small farms of at least 5 acres in size.

7) Land devoted to gardening and garden plots.

e. Amenities package for a Lifestyle Community shall be designed to carry the theme of the community throughout entire development.

i. Entryway-Materials: brick, stone, or wood, shall be permitted for any fence or wall, mounding, gatehouse, crosswalks and sign for the Community. A vinyl fence may also be permitted.

ii. Skin improvements including pedestrian walkways, bikeways, lighting plan, and fencing.

iii. Club House, Community Building, or Swim and Tennis Center. The exterior design of all buildings including the walls, siding, roof, windows, doors, cornice and other trim features shall be designed to provide a unified theme for the Lifestyle Community and project the residential character of the City.

1) All buildings must provide at least one third of each facade with door and window openings.

2) All siding materials used shall be brick, stone, wood, stucco or E.I.F.S. (Exterior Insulation Finishing System). Any synthetic siding that imitates wood lap, brick, or stone, or split-face concrete block are considered inappropriate siding, however, may be permitted by the approving authority on a case-by-case basis.

3) The mass, scale, and proportion of all buildings shall reflect the mass, scale and proportions of those residences within the community.

4) All buildings shall have a pitched roof or articulate a pitched roof as a part of its design.

f. Individual Development Parcels

i. Plans for Individual Development parcels may be approved by the Planning Commission as a Planning Commission Special Approval after the Major Use Special Approval for a Lifestyle Community is approved by the City Council.

ii. The development of individual parcels shall be in accordance to the Community Master Plan for the Lifestyle Community.

iii. Development parcels may include any combination of attached or detached dwelling units as outlined in the Community Master Plan.

iv. The Planning Commission may make minor modifications or refinements to the Master Plan including amenities provided such minor modifications or refinements do not constitute a substantial change or compromise the intent of the original approved Master Plan.

g. Detached Housing

i. The number of detached housing units shall not be less than 65% of the total number of dwelling units permitted for this development.

ii. The minimum building setback requirements for individual platted lots of record shall be those required for a Residential Cluster Development.

iii. The minimum building setback requirements for detached dwelling units where the land is not subdivided, shall be those required in Section 9.05, R-3 Multi Family, of this UDO.

iv. The maximum density for any individual development parcel where such parcel is exclusively detached housing shall be 3.5 dwelling units per acre.

h. Attached Housing

i. The number of attached housing units shall not exceed 35% of the total number of dwelling units permitted for this development.

ii. An individual development parcel where attached housing is approved shall not exceed 6 dwelling units per acre for that development parcel.

iii. The minimum building setback requirements for any individual development parcel or that portion of a parcel where attached housing is proposed shall be in accordance to Section 9.05, Multi-Family, of this Ordinance.

i. The percentage of detached housing units shall at no time during the construction of the Lifestyle Community be less than 50% of all platted, single-family lots and unplatted housing units constructed or under construction.

j. Certain commercial uses may be permitted in association with and as a part of the Community Master Plan. These retail uses must be approved as a part of the Community Master Plan and must be clearly related and incidental to the focus of the community and contained within any club house or community building. The following commercial uses may be considered in a Community Master Plan:

i. Table Service Restaurant

ii. Small Retail Shop such as a Florist, Gift Shop, or Pro Shop.

iii. Small Cafe including a Coffee Shop, Pastry Shop, Candy Shop, or Ice Cream Shop

k. Screening, buffering and landscaping are subject to Section 9.25 of the UDO.

E. Office - Flex Overlay District

1. Purpose

An Office-Flex Overly District is an overlay district that allows additional land flexibility to the Office-Planned Development zoning district by allowing the Conditional Use process. Such uses shall be evaluated through the Conditional Use process of Article 5.09 (F) by Planning Commission and City Council to assess impacts to the surrounding properties and neighborhoods.

2. Location

The Office-Flex Overlay District shall only be located on a property within an Office-Planned Development (O-PD) base zoning district, that is a minimum of two-hundred fifty feet (250') from a Single Family-Residential (R-l) zoning district property.

3. Applicability

A Conditional Use approval for any use listed in Table 9.2b shall be approved by the City in accordance to the requirements of Article 5 of the UDO.

Table 9.2b

Specific Use Type	Approval Required
Land Use Type	Office-Flex
Industrial
Artisan/Craft Product Workshop	C (Maj)
Light Manufacturing	C (Maj)
Warehouses and Mini-Warehouses	C (Maj)

Table 9.2b: Legend

Key to Permitted Uses: P, Permitted; N, Not Permitted; C, Conditional Use

(Ord. 09-21)

F. Building Standards

1. Purpose

The purpose of this section is to prescribe overall dimensions for buildings within the City's Overlay Zoning Districts. The proper building location, parking location, overall height, setback, and orientation are illustrated in the following Exhibits 9.0 thru 9.13.

2. Applicability

Table 9.3 summarizes the permitted building types within each zoning district classification. These standards apply to lots in the RC, Residential Conservation; NR, Neighborhood Residential; NC, Neighborhood Center; CC, Community Center; CB, Corporate Business; and DT, Downtown Districts. (Ord. 07-18; 09-21)

Table 9.3

Exhibit 9.0

Exhibit 9.1

Exhibit 9.2

Exhibit 9.3

Exhibit 9.4

Exhibit 9.5

Exhibit 9.6

Exhibit 9.7

Exhibit 9.8

Exhibit 9.9

Exhibit 9.10

Exhibit 9.11

Exhibit 9.12

Exhibit 9.13

G. Street Standards

1. Purpose

The purpose of this section is to prescribe dimensions for various streets within the City's Overlay Zoning Districts. The proper design of streets and their location relative to adjacent structures is illustrated in the following Exhibits 9.14 thru 9.19

2. Applicability

Table 9.4 summarizes the permitted street types within each Overlay Zoning District classification. These standards apply to development in the RC, Residential Conservation, NR, Neighborhood Residential; NC, Neighborhood Center; CC, Community Center; and CB, Corporate Business Districts.

Table 9.4

Exhibit 9.14

Exhibit 9.15

Exhibit 9.16

Exhibit 9.17

Exhibit 9.18

Exhibit 9.19

9.09 Purpose

Part 2 establishes procedures for the subdivision of land and includes requirements for plat details, performance guarantees, and dedications. Standards relating to public and site improvements are set forth in Part 3. Requirements for plat procedures and submissions are set forth in Article 5 of this Ordinance.

9.11 Applicability

Part 2 applies to the subdivision of all lands within the City of Centerville.

9.13 Required Improvements

A. Purpose

The purpose of this Section is to provide site planning and design regulations for new subdivisions. Review procedures for minor and major subdivision plans and plats are found in Article 5, Section 5.11. Information required for submittal of an application is found in Section 5.13.

B. Streets

The following gives the layout, right-of-way widths, improvements and minimum street grades for streets within the City.

1. Layout.

a. Street layout shall conform to the Official Thoroughfare Plan. If the plat involves a section of a street shown on the Official Thoroughfare Plan, the corresponding right-of-way must be so dedicated by the subdivider,

b. Streets shall generally continue existing streets and provide ease of circulation within the plat and with adjoining plats and shall be platted with regard to topography and other existing physical features.

c. Street intersections shall be at right angles to the greatest extent practical.

d. Cul-de-sacs streets shall not exceed 600 feet in length.

e. Half streets shall be accepted only when they complete an existing half street on the border of the plat.

f. Permanent dead end streets shall not be permitted.

g. Alleys may be required in commercial and industrial districts in the rear of lots fronting on thoroughfares, and in residential districts.

h. Easements for utilities shall be provided where needed and/or by public utility companies.

i. The number of intersecting streets along thoroughfares shall be held to a minimum in accordance with the Access standards, Section 9.31.

j. A parallel service drive, alley, or frontage road is recommended to eliminate numerous driveways from opening onto a thoroughfare.

k. Where a subdivision abuts or contains an existing or proposed thoroughfare street (eighty-two feet to 120-feet right-of-way) the Planning Commission may require marginal access streets, reverse frontage with screen planting contained in a non-access reservation along the rear property line, loop streets, cul-de-sacs or other such treatment as may be necessary to adequately protect residential properties and to afford separation of through and local traffic.

l. Access to public or private streets: See 9.31 Access Control for Streets and Highways.

m. Collector streets for industrial subdivisions shall be planned to serve industrial areas exclusively and shall connect with arterial streets so that no industrial traffic will be directed into any residential streets. The intersections of service streets from parking areas with thoroughfare or collector streets shall not be less than 100 feet from the intersection of the thoroughfare or collector street with any other street. Streets shall be planned to be extended to the boundaries of any adjoining land planned for industry, except in cases of severe physical conditions or if the Commission finds that such extension is not in accord with the approved plan of the area.

2. Minimum Right-of-way Widths. The typical standards shown herein are minimum only. (Ord. 16-20)

a. Official Thoroughfare Plan streets: see the Official Thoroughfare Plan.

b. Major Thoroughfare: 120 foot right-of-way.

c. Minor Thoroughfare: 82-90 foot right-of-way.

d. Major Collector Street: 70 foot right-of-way.

e. Minor Collector Street: 60 foot right-of-way.

f. Public access or service drives: 40 foot right-of-way.

g. Cul-de-sacs: fifty-foot right-of-way for access and 100-foot diameter right-of-way for turn-a-rounds.

h. Alleys: 20 foot right-of-way.

3. Street Cross-Sections (Ord. 17-14)

a. Official Thoroughfare Plan street design and pavement width shall be based upon appropriate engineering studies.

b. Major Thoroughfare Cross-Section

i. Roadway Width: 5 lanes.

ii. Center Landscaped Median.

iii. 5 foot sidewalks located on both sides of the roadway.

iv. Curb, gutter, and storm sewer.

c. Minor Thoroughfare Cross-Section

i. Roadway Width: 5 lanes.

ii. Center Landscaped Median.

iii. 5 foot sidewalks located on both sides of the roadway.

iv. Curb, gutter, and storm sewer.

d. Major Collector Street Cross-Section

i. Roadway Width: 3 lanes.

ii. On-street parking as needed.

iii. Curb, gutter, and storm sewer.

iv. 5 foot sidewalks located on both sides of roadway.

e. Minor Collector Street Cross-Section

i. Roadway Width: 2 lanes.

ii. On-street parking as needed.

iii. Curb, gutter, and storm sewer.

iv. 5 foot sidewalks located on both sides of roadway.

f. Local Streets and Cul-de-sac Street Cross-Section

i. Roadway Width: 2 lanes; shall provide a minimum roadway width of 24 feet.

ii. On-street parking as needed.

iii. Curb, gutter, and storm sewer.

iv. 5 foot sidewalks located on both sides of roadway.

v. 78 foot diameter turn around area.

g. Public Access or Service Drives

i. Roadway Width: 2 lanes; shall provide a minimum roadway width of 24 feet.

ii. Curb, gutter, and storm sewer.

iii. 5 foot sidewalks located on both sides of roadway.

h. Private Streets

i. Roadway Width: 2 lanes; shall provide a minimum roadway width of 24 feet.

i. Alleys

i. Roadway Width: 16 foot minimum.

4. Maximum Street Grades, Curves and Sight Distances.

For specific roadway design standards see the Ohio Department of Transportation's (ODOT) Location and Design Manual: Volume 1; July, 2006 or most current version.

a. The grades of streets shall not exceed the following gradients except as modified by City Council as part of a Preliminary or Final Development Plan, Preliminary Subdivision or Record Plat:

i. Major thoroughfares: six percent.

ii. Minor thoroughfares: seven percent.

iii. Local streets and all others: eight percent. (Ord. 17-16)

b. Vertical street alignment for main thoroughfares shall be determined as follows: Profile grades shall be connected by vertical curves of a minimum length equivalent to twenty times the algebraic difference between the rates of grade, expressed in feet; for secondary and minor streets and alleys, fifteen times.

c. Horizontal curves, measured on the centerline, shall be as follows:

i. Thoroughfare streets: minimum of fifteen-degree curve, 385-foot radius.

ii. All other streets: fifty-eight degree curve, 100-foot radius. A minimum fifty-foot tangent shall be introduced between reverse curves.

d. Intersection site distance standards shall be as provided in Section 9.31, C of this UDO.

e. Private Streets. Private streets, where so designated on a plan or plat, shall meet all of the requirements of this chapter, with the exception of roadway widths.

f. Traffic Calming: In all cases developers/subdividers should design local streets within subdivisions to slow traffic to protect public safety. Local streets shall be designed to accommodate a maximum 25 miles per hour speed limit. Traffic calming devices shall meet the design requirements of the City Engineer.

5. Street Construction: Streets shall be graded to full width of the right-of-way and fully constructed with asphalt pavement or concrete pavements surfaced with asphaltic or Portland cement concrete wearing surfaces, concrete curbs and gutters with tile underdrain and porous backfill and proper storm drains and inlets. Streets shall be in conformity with the plans and specifications for street construction adopted by Council, duplicates of which shall be kept on file in the office of the City Manager and the City Engineer. (Ord. 16-13)

6. Submit worksheets showing that storm and sanitary pipe crossings and the design of catch basins at street low points. (Ord. 16-13)

7. Electric and Telephone Lines: Where it is necessary to locate electric or telephone lines in the street right-of-way, they shall be not closer less than nine feet six inches to the back of curb. (Ord. 16-13)

8. Street Signs: The City will erect the necessary street signs. The Subdivider shall reimburse the City for the cost thereof. (Ord. 16-13)

C. Bikeways and Multi-Use Trails

1. Layout.

a. Bikeway and multi-use trail layout shall conform to the Official Thoroughfare Plan. If the plat involves a section of a bikeway and multi-use trail shown on the Official Thoroughfare Plan, the corresponding right-of-way must be so dedicated by the subdivider,

2. Where required bikeway and multi-use trails may:

a. Be incorporated as a part of the roadway width

b. Be a separate facility having a minimum width of 8 feet

3. Street intersections shall be designed to accepted engineering practices

4. A bikeway of multi-use trail, when required as a separate facility, adjacent to a public street may be built in lieu of the required sidewalk on that side of the street.

D. Sidewalks

1. Sidewalks for Multi-Family or Non-Residential Uses

a. Public sidewalks shall be located within the public right-of-way adjacent to the premises. Sidewalks shall be required to be installed by the developer when:

i. A sidewalk is designated on the City Sidewalk Plan.

ii. The first, detached principal building is constructed on a premises.

b. A public sidewalk shall not be required with the addition of a subsequent, detached principal building on a premises, addition to an existing principal building, construction of an accessory building or the demolition of a building.

c. Private Walkways for Multi-Family Residential Use: Walkways shall be integrated with the overall development plan, parking lot layout and landscape plan to provide pedestrian access throughout the development and connect to any existing or required public sidewalk.

d. Sidewalks shall be constructed to standards and specifications as adopted by the City.

e. Handicapped access to sidewalks shall be provided in accordance with standards and specifications as adopted by the City.

f. Sidewalks in the Architectural Preservation District

See Section 9.53, D of this UDO for additional requirements.

Sidewalks shall be constructed in accordance with the specifications referred to in paragraph (B)(3) hereof. The Commission may, upon proper application by a subdivider, waive the requirement of sidewalks on both sides of the street and may order sidewalks on only one side of the street or eliminate the requirement of sidewalks throughout all or part of the plat. In acting upon an application for a waiver, the Commission shall give primary consideration to the requested waiver's effect on public safety. The Commission shall also consider any special factors existing which justify the granting of the waiver. The Commission may grant the waiver as requested or may grant such modified waiver as it deems best, giving consideration to public safety and the special factors which exist.

E. Water System

Each lot shall be provided with access to the water distribution system in accordance with County Sanitary Engineering. Where, in the opinion of the City or County agency having jurisdiction, connection with the existing water system cannot be reasonably provided, then each lot must be served by an individual well or other approved system.

F. Sanitary Sewer

The subdivision shall be provided with a complete sewerage system which shall connect with the nearest existing sanitary sewage system in accordance with Montgomery County or Greene County Sanitary Engineering requirements and standards. Where, in the opinion of the City or County agency having jurisdiction, connection with the existing mains cannot be reasonably provided, then proper provision shall be made for the disposal of sanitary wastes by means of septic tanks or other approved methods of disposal.

G. Public Open Space

Due consideration shall be given to the allocation of suitable areas for schools, parks, and playgrounds to be dedicated for public use or reserved by deed covenants for the use of the property owners.

H. Improvements

1. Variations

It is the intent of this chapter to assure lot improvements which provide for:

a. Suitable access from an abutting street to a structure and its accessory buildings;

b. Immediate diversion of water away from buildings and assured disposal of water from the lot;

c. Adequate usable outdoor area for essential outdoor activities;

d. An appropriate setting for structures; and

e. Protection of adjacent properties from altered and/or increased flow of water.

A variation from this chapter may be permitted by the City when an alternative method of proposed lot improvements is necessary to meet special topography or design conditions on the site and the variation attains the stated objectives contained in this section.

2. Supervision and Specifications

All improvements required must be constructed under the supervision of, and meet the specifications of, the agency involved must comply with this chapter and must be approved by the City Engineer and Planning Commission.

3. Streets; Incorporation of Centerville Standards for Street Construction.

a. Curbs and gutters shall be required.

b. Surfacing, paving, grading and backfilling shall meet the requirements of the Centerville Standards for Street Construction, or the most current version and which is hereby incorporated and made a part of these Regulations by reference. Streets, thoroughfares and alleys shall be constructed in accordance with the specifications contained in such Standards and shall be one of the alternative types allowed by such Standards. Any existing improvements in the right-of-way which are damaged by the subdivider's work shall be restored by the subdivider to their former condition.

c. In any new subdivision abutting along a former Township or County road, the subdivider will be required to reconstruct the road or street to meet standards now in force.

4. Stormwater Drainage

Stormwater drainage may be discharged into the natural drainage system. In general, the entire sewerage system and the disposal of sanitary and storm sewage shall be planned and built to meet the approval of the proper authorities.

5. Monuments

Permanent monuments shall be accurately set and established in accordance with the minimum standards for boundary surveys provided in the Ohio Revised Code and established surveying practices. On the detailed drawings of each section, as presented to Council, the location of these monuments will be indicated by a suitable symbol and certification by a surveyor licensed in Ohio to the City that these monuments have been accurately placed.

6. Street Trees in the Public Right-of-Way

If proposed, street trees in the public right-of-way shall be planted as part of the subdivision development subject to the standards located in Section 9.25 of the UDO. (Ord. 16-13)

7. Traffic Control Devices

a. All traffic control devices shall be required in accordance with the Ohio Manual on Uniform Traffic Control Devices and shall be of a type approved by the City Engineer. Before an occupancy permit is issued for any dwelling, street signs, either permanently or for a temporary period of time, shall be required.

b. Any private street that is open to public traffic shall comply with the Ohio Manual on Uniform Traffic Control Devices.

8. Street and Walkway Lighting

The subdivider shall be required to provide street lights installed in accordance with standards and specifications of the City Engineer and the Planning Commission in each residential subdivision. Street lights, where required, at a minimum, shall be located at each street intersection and at each entrance to a residential subdivision.

9. Fire Protection

Fire hydrants with two, two and one-half inch outlets and one large pumping connection shall be provided by the subdivider in all subdivisions with public water supplies. The hydrants shall be located between property lines and curbs with all outlets facing or parallel to the street. Hydrants shall be placed at the corners of all blocks and at mid-block for blocks exceeding 800 feet in length. Hydrants shall also be required at the entrance and end of all cul-de-sacs exceeding 400 feet in length. The type of hydrant and control valves and the location of the hydrant shall be approved by the Fire Chief. The minimum size of any water line serving any hydrant shall be six inches in diameter and the same should be circulating water lines. The size and location of water lines shall be approved by the Fire Chief and by the appropriate County Sanitary Engineer for commercial and industrial subdivisions.

10. Fiber Optics (Ord. 16-20)

The subdivider shall be responsible for providing a 2" minimum fiber optic conduit and pull box system as approved by the City Engineer, along all improved public streets and thoroughfares for the ability to connect to a current or future fiber optic provider.

I. Other Development Improvements

Other improvements, such as retaining walls and fences, shall be provided at the purchaser's expense, as needed to handle excessive grade differences, to screen unsightly views, to provide suitable access, personal safety and usable lot areas and to protect the property. They shall be structurally sound and durable and designed to current engineering standards.

J. Underground Installation of Utilities in New Residential Subdivisions; Exceptions

1. Any other provision of these Codified Ordinances or the 2006 Residential Code of Ohio (RCO), as adopted in the Building and Housing Code, relating to subdivisions or construction to the contrary notwithstanding, within the area of any new residential plat and subdivision, all newly installed utility distribution facilities, including, but not limited to, electric, telephone, communication and community television or similar associated facilities, shall be placed and maintained underground within utility easements in the rear or side yard, or public ways. Underground placement of utilities shall not apply to the following: (Ord. 17-16)

a. Equipment appurtenant to utility distribution facilities, such as surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets, switching enclosures and substations.

b. Poles supporting only street lights and traffic signals; police-fire call boxes; and traffic signal cantilever poles.

c. Electrical or communication overhead lines temporarily connected due to an emergency, but not to exceed a duration of six months.

d. In cases where unusual topographical conditions, such as soil, open ditches, rock formations or other physical conditions, make underground installation of such utility distribution facilities unreasonable, impracticable or uneconomical.

e. Service to model homes or other buildings under construction, or to other temporary structures, with less than 600 volts to ground service only, but not to exceed twelve months duration. Renewal for an additional period of six months may be granted for good cause.

f. Poles, above-ground wires and associated above-ground structures used for the transmission of electrical energy at voltages of 22,000 volts or more.

g. Additions of, or extensions to, existing above-ground utility distribution facilities.

2. The owner, subdivider or consumer shall furnish the necessary easements to accommodate all the utility installations required to be placed underground, shall establish the final grade before the utility company is required to install its facilities, and shall provide the trench and backfill the same for the service line extending from the utility distribution facilities to the consumer's structure.

3. No new residential plat or subdivision shall be approved unless such plat or subdivision complies with this section. However, if above-ground utility distribution facilities have already been constructed as of the date of the adoption of this section, based upon a previously approved preliminary plat, then the final plat shall be approved with an exception for such above-ground utility distribution facilities.

4. No utility company shall make or assess against an owner, subdivider or consumer an extra charge or rate for, or resulting from, the installation of the underground utility distribution facilities required by this section.

5. All utility distribution facilities shall be installed and maintained in accordance with the provisions of the, 2006 Residential Code of Ohio (RCO), and the OBC Commercial Building Code the order or orders of the Public Utilities Commission of Ohio and the Industrial Commission of Ohio, and good utility practice. Additionally, the following construction standards shall supplement or supersede the standards set forth above and shall be controlling in the event of a conflict therewith:

a. No blasting shall be permitted for trench excavation in the installation of underground utility distribution facilities, except by permission of the City.

b. Wherever possible, underground electric lines, cable television lines and telephone lines shall be located within the same trench.

c. Handholes or service boxes for street light services shall be located within the curb lawns between the street and property line or within easements and public ways.

6. All utility distribution facilities in new residential plats and subdivisions governed by these Subdivision Regulations shall be placed underground in accordance with the requirements and provisions of this section.

K. Rear and Side Property Line Easements (Ord. 16-20)

Rear or Side Property Line Easements shall be a minimum width of 10 feet, five feet on each side of the rear or side property line. The Planning Commission may increase, reduce, or eliminate any portion of this requirement as a part of the subdivision or site plan review based upon the needs of the agencies requiring the easement(s).

9.15 Lot and Block Arrangement (Ord. 17-13)

A. Purpose

The purpose of this Section is to regulate the arrangement of lots and building heights within a subdivision and to ensure that lot and height dimensions are consistent with the appropriate zoning district standards.

B. Lots

All lots shall front onto a public or private road, and all lots shall conform to or exceed the requirements of the UDO and the zoning district regulations for the district in which they are located. The following regulations shall govern the design and layout of lots and lot improvements:

1. Block Size: The average perimeter of all blocks within a subdivision shall not exceed 1,400 feet. No block face shall have a length greater than 400 feet without a common access easement, alley or pedestrian pathway through access to another street, alley or common access easement. However, existing streets in adjacent plats, topographical conditions and the type of development may permit considerable variation in this requirement.

2. Block Width: Blocks shall be of sufficient width to provide for two tiers of lots.

3. Block Length: Block lengths along major thoroughfares shall be of sufficient length to provide safe ingress and egress to the thoroughfare. Block length shall be a minimum of 500 feet and a max of 1,000 feet.

4. Commercial and Industrial Blocks: Blocks in commercial and industrial districts shall be of sufficient length and depth to best serve the use intended for the area. Length and depth shall be adequate to include off-street parking and delivery.

5. Lot Arrangement: The lot arrangement shall be such that there will be no foreseeable difficulties, for reasons of topography or other conditions, in securing building permits to build on all lots in compliance with all applicable UDO health and building regulations and in providing approved driveway access to buildings on the lots from an approved road.

6. Lot Dimensions: All lots shall comply with the standards of Table 9.0 for residential uses and for commercial uses.

7. Future Subdivision Lots: Where lots are more than double the minimum required area, Planning Commission may require that those lots be arranged so as to allow further subdivision and the opening of future streets where they would be necessary to serve potential lots, all in compliance with the UDO.

8. Side Lot Lines: In general, side lot lines shall be at right angles to street lines (or radial to curving street lines) unless a variation from this rule is approved by Planning Commission when such variance will give a better street or lot plan.

9. Corner Lots: Dimensions of corner lots shall be large enough to allow for the construction of buildings, observing the minimum front yard setback from both streets.

10. Building Setback: The building setback line shall be established from the edge of the right-of-way or the edge of an access easement. It shall be equal to the building setbacks listed in Table 9.0 as applicable.

11. Commercial and Mixed Uses: Depth and width of lots reserved or laid out for commercial and/or mixed use purposes shall be adequate to provide for the off-street parking and loading facilities required for the type of use and development contemplated.

12. Depth-to-Width Ratio: No lot shall have an average depth, which is more than 4.5 times its average width. However, Planning Commission or as appropriate may permit a waiver of this recommended standard, permitting the lot depth to be up to 3.5 times the average width.

13. Double Frontage Lots: In general, double frontage lots and reversed frontage lots should be avoided except where necessary to provide separation of residential development from traffic arterials or to overcome specific disadvantages of topography or orientation, as determined by Planning Commission or City Planner as appropriate.

14. As to lots included in any plat approved by the Planning Commission and accepted by Council after April 1, 1960, the required depth of the front yard shall be the distance between the street right-of-way line and the setback line shown on the plat, if less than 40 feet.

15. As to any lots in any recorded plat which has greater restrictions than are required under this Ordinance, then these recorded restrictions shall apply and the Planning Commission shall have no authority to grant variances there from.

C. Subdivision of Land within Planned Development Districts

1. A lot that is zoned R-PD, Residential Planned Development; O-PD, Office Planned Development; B-PD, Business Planned Development; and I-PD, Industrial Planned Development may be subdivided into lots smaller than the minimum lot area requirement contained in this UDO providing that the following conditions are met:

a. A development plan must have been approved according to the procedure in Article 5.11 for the entire lot.

b. Subdivision and/or development of that lot must be in accordance with Section 5.11 of this UDO.

c. Refer to Section 9.13 of this UDO for additional requirements.

9.17 Guarantee of Construction and Installation of Improvements; Inspections

A. Guarantees

1. Required agreements

To provide the City with assurance that the construction of all required public improvements will be constructed, the subdivider shall enter into one of the following agreements:

a. To construct all improvements directly affecting the subdivision, as required by the Planning Commission, prior to the final approval of the development; or

b. In lieu of the completion of the improvements, to furnish a bond executed by a surety company, a cash deposit by certified check in a non-interest bearing account or an irrevocable letter of credit, in a form approved by the Law Director, from a bank or lending institution licensed to do business in the State, equal to the cost of construction of such improvements as shown on plans, such cost being based on an estimate provided by the developer and approved by the City Engineer. (26-24)

2. Execution of subdivider's agreement and performance bond, certified check or letter of credit prior to final plat approval. Before the final plan is given final approval, the developer shall have executed a subdivider's contract and a performance bond, certified check or irrevocable letter of credit with the Council covering the estimated cost of required improvements. The performance bond, cash deposit or irrevocable letter of credit shall run to the City until all improvements are complete, for a period of not more than two years from the date of execution and shall provide that the subdivider, his or her heirs, successors and assigns and their agents or servants, will comply with all applicable terms, conditions, provisions and requirements of these Subdivision Regulations and will faithfully perform and complete the work of constructing and installing such facilities or improvements in accordance with such laws and regulations.

3. Extensions of time. If the construction or installation of any improvement or facility, for which guarantee has been made by the developer in the form of bond, cash deposit or irrevocable letter of credit, is not completed within the time stipulated, but not more than two years from the date of final approval of the record plat, the developer may request the Council to grant an extension of up to six months, provided that he or she can show reasonable cause for inability to complete said improvements within the time stipulated in the subdivider's agreement. The Council may grant additional extensions, upon application by the developer and a showing of good cause, provided that each said extension does not exceed six months. At the expiration of all extensions, the City will use as much of the bond, cash deposit or irrevocable letter of credit as is necessary to complete the construction of the improvements. The same shall apply whenever construction of improvements is performed in accordance with applicable standards and specifications.

4. Completion of work; reduction of bond, cash deposit or irrevocable letter of credit. As required improvements are completed, approved and accepted, the Council may, with the concurrence of the City Engineer, reduce the amount of the performance bond, cash deposit or irrevocable letter of credit.

5. Maintenance Bond that guarantees work for one year shall be posted at the completion of work and prior to release of any other performance bond or guarantee. The required maintenance bond shall be 10% of the value of all performance bonds.

B. Inspections

It shall be the responsibility of a subdivider to notify the City Engineer's office at least twenty-four hours in advance of the time that all is in readiness for the following periodic inspections which must be made:

1. After all storm sewers, drains and appurtenances are installed and before trenches for the same are backfilled.

2. After the forms for curbs and gutters are set (where combined curbs and gutters are required), the gravel base is in place and before any concrete is placed.

3. After the forms for drive approaches or sidewalks are set and the gravel base is in place and before any concrete is placed.

4. After the subgrade is shaped and rolled and before a compaction test is made.

5. After forms are in place and immediately before any pavement or channel concrete is placed.

6. Immediately before any soil stabilization additives, lime, fly ash or aggregates are placed in base courses.

7. Immediately before any prime is applied.

8. Immediately before any asphaltic concrete is laid.

9. After the surveyor certifies that section monuments are in place.

10. No work shall be accepted or bonds released unless these inspections have been made and the work is found to be satisfactory.

Appendix A

9.19 Purpose

Part 3 expands upon the zoning district and subdivision development standards of Parts 1 and 2 by addressing additional details of site planning, project design, and the operation of land uses. The intent of these standards is to ensure that proposed development is compatible with existing and future development on neighboring properties, and produces an environment of stable and desirable character, consistent with the Comprehensive Plan.

9.21 Applicability

The requirements of Part 3 shall apply to all proposed development and new land uses, except as specified in Article 3 (Nonconforming Uses, Lots, Structures, and Combination), and shall be considered in combination with the standards for the applicable zoning district in Part 1 (Zoning).

9.23 Required Improvements

A. Streets (See Section 9.13, (B)).

B. Sidewalks (See Section 9.13, (D)).

C. Water System (See Section 9.13, (E)).

D. Sanitary Sewer (See Section 9.13, (F))

E. Storm Sewer and Drainage (See Section 9.35)

F. Monuments (See Section 9.13, (H)(5))

G. Street Trees (See Section 9.25) (Ord. 16-13)

H. Traffic Control Devices (See Section 9.13, (H)(7))

I. Street and Walkway Lighting (See Section 9.13, (H)(8))

J. Fire Protection (See Section 9.13, (H)(9))

K. Other Development Improvements (See Section 9.13, (I))

L. Guarantee of Construction and Installation of Improvements; Inspections (See Section 9.17)

M. Fiber Optics (See Section 9.13(H)(10)) (Ord. 16-20)

9.25 Landscaping, Screening and Buffering Standards

Whenever any property is affected by these landscape requirements, the property owner or developer shall prepare a landscape plan for submittal to the Planning Director or designee for review.

A. Implementation of Landscaping Plan

Where landscaping is required, no building permit shall be issued until the required landscaping plan has been submitted and approved by the City Planner. It shall not be legal to use the property (as opposed to the structure) until landscaping is completed as shown on the approved plan. In instances where conditions do not permit immediate planting of materials and if the City Planner is furnished with a bond or irrevocable letter of credit, then a Temporary Occupancy Permit may be issued.

B. Posting of Bond or Irrevocable Letter of Credit (Ord. 16-20; 26-24)

A performance bond or irrevocable letter of credit from a banking institution or other such surety acceptable to the Law Director may be substituted for completion of the landscaping as shown on the approved landscaping plan, subject to the approval of the City Planner. After a bond or irrevocable letter of credit has been posted, the landscaping material required in the approved landscaping plan shall be installed within 12 months after the date of the posting of the bond or irrevocable letter of credit. The City Planner may authorize a longer period of time up to two years for multi-family units and other developments that expect construction to last more than twelve months. However any extension beyond two years must be approved by City Council. Foreclosure proceedings shall be brought against the performance bond or irrevocable letter of credit if the required landscaping plans have not been complied with by the end of the approved planting period.

C. Landscape, Screening and Bufferyard Requirements (Ord. 17-14, 7-18, 09-21)

1. Fence or Wall: Any fence or wall that is required for screening purposes or within a bufferyard shall be constructed using natural materials such as wood, brick or stone. Such a fence or wall shall appear solid with no visible gaps. A fence or wall shall have a minimum height of 6 feet and a maximum height of 7 feet.

2. Table of Minimum Plant Size: Unless otherwise specifically indicated elsewhere in this ordinance, all plant materials used for screening or within a bufferyard shall meet the following minimum size standards:

Plant Material Type Minimum Size

Canopy Tree

Single Stem 2.5 inch caliper

Multi-Stem 10 feet height

Understory Tree 1.5 inch caliper

Evergreen Tree 5 feet height

Shrub

Deciduous 24 inches height

Evergreen 18 inches height

3. Planting Requirements: All trees, shrubs and other plantings shall be installed in accordance to standards established by the most recent American Standard for Nursery Stock. (Ord. 17-16)

4. Location of Required Screening: All planting, berming, fencing and/or walls required by this ordinance shall be installed within the area established as the bufferyard. However, at the discretion of the approving authority, all or a portion of the required screening may be placed outside of the required bufferyard where, because of topographical or other physical constraint, such location provides the most effective screening. All landscaping installed shall be aesthetically located to maximize buffering to any adjoining residentially zoned land. (Ord. 16-13)

5. Bufferyard Requirements: Existing vegetation that meet or exceed the requirements in the Table of Minimum Plant Size or any tree required to be preserved by this or other Ordinance that is located within a required bufferyard shall be counted to satisfy the planting requirements contained in this Ordinance. All improvements made to these areas shall be in accordance to Table 9.6 Bufferyard, Landscaping and Screening Requirements.

6. Earthen Berm: An earthen berm, when required, shall be constructed in a sculpted and undulating manner to an average height as stated in Table 9.6 Bufferyard, Landscaping and Screening Requirements. Berming shall be required where a bufferyard is devoid of trees or any significant vegetation or where topographic constraints or stormwater drainage systems do not preclude its construction. (Ord. 09-21)

7. Traffic Hazard: Where located adjacent to a dedicated public right-of-way, landscaping or screening shall not be permitted to obstruct clear vision so as to create a potential traffic hazard.

8. Vehicle Inventory Lot: The minimum landscape design requirements as defined herein for a Vehicle Inventory Lot may be reduced or modified upon concurrence from the requisite approval authority.

9. Screening of Utility Cabinets: All ground mounted electrical and utility-related connection and service boxes shall be effectively screened on all four sides with shrubbery or other forms of plant material, which, at maturity, reaches a height as tall as the cabinet or box itself and has fifty percent (50%) opacity of the box or cabinet, to the satisfaction of the City Planner. The shrubbery or other forms of plant material shall be maintained or replaced by the utility company, if necessary. (Ord. 09-21)

Table 9.6: Bufferyard, Landscaping and Screening Requirements (Ord. 17-14, 17-16)

Zoning District by Use or Circumstance	Buffer Width (feet)	Minimum Bufferyard Requirements
		Earthen Berm (avg. ht.)	Fence or Wall6	No. of Plants per 100 Linear Feet of Bufferyard
		Earthen Berm (avg. ht.)	Fence or Wall6	Canopy Tree4	Understory Tree4	Shrub4	Evergreen or Conifer
O-PD, B-PD, and I-PD 1
Adjacent to a Residential Use	100	6 feet	Yes	10	15	50	30
Adjacent to a Public Street	20	3 feet	No	3	0	15	0
Adjacent to a non-residential use	20	N/R	No	2	4	6	0
O-S, B-1, B-2, I-1: Non-Residential Use5
Adjacent to a Residential Use	25	4 feet	Yes	3	6	20	15
Adjacent to a Public Street	10	N/R	No	3	0	15	0
Adjacent to a Non-Residential Use	10	N/R	No	2	4	6	0
APD, Architectural Preservation District
Non-Residential Use adjacent to a Residential Use	10	N/R	Yes	0	0	0	15
R-1, R-2, R-3, R-PD: Non-Residential Uses1
Adjacent to a Residential Use	25	3 feet	Yes	3	6	20	15
Adjacent to an Arterial Street	25	3 feet	No	3	0	15	0
Abutting any other Street or a non- residential use	10	N/R	No	2	0	6	0
R-3, R-PD: Multi-Family Residential Use1,5
Adjacent to a Single-Family Use	25	3 feet	Yes	3	6	20	15
Adjacent to an Arterial Street	25	3 feet	No	3	5	10	0
Abutting any other Street or a non-residential use	10	N/R	No	2	0	6	0
R-2, Two-Family Residential Use5
Adjacent to a Single Family Use	10	N/R	No	2	4	6	0
Adjacent to a Public Street	10	N/R	No	2	0	6	0
R-1, Single-Family Residential Use 5
Freestanding Solar Energy System	5	N/R	Yes	0	0	0	0
Residential Cluster Development adjacent to an Arterial Street	25	3 feet	No	4	6	10	5
RV in the Side Yard abutting a Single-Family Use2	5	N/R	Yes3	0	2	2	3
RV in the Side Yard abutting a Non-Residential Use2	5	N/R	Yes3	0	0	2	3

N/R: Not Required

1 Outer Perimeter of the Planned Development Zoning Districts.

2 Number of plants required per thirty (30) linear feet of bufferyard.

3 A resident or property owner may apply for a Zoning Certificate to substitute a fence for any or all of the required landscape screening provided such fence is of sufficient size and mass to provide buffering greater than or equal to the required landscape screening.

4 Up to 50% of the required landscape materials may be substituted subject to the following ratios: 1 Canopy Tree = 2 Understory Trees; 1 Understory Tree = 3 Shrubs; 1 Canopy Tree = 6 Shrubs.

This does not apply to required landscaping adjacent to or abutting a public street or single-family residential use.

5 Default standards for interior bufferyards in Planned Development Zoning Districts for residential and non-residential uses if a standard is not established as part of a Development Plan approved by City Council.

6 A fence or wall may substitute for an earthen berm where permitted provided such fence or wall is of an equivalent height.

D. Parking Lot Landscaping Requirements

1. Landscaping Required (Ord. 7-18)

a. Any premises having a parking lot or lots with an area of 6,000 square feet or greater shall provide landscape areas within the interior of the parking lot.

b. Interior landscaping shall be 8% of the parking lot surface area.

c. Landscaped areas shall be placed within the perimeter of a parking lot. The perimeter of a parking lot is defined by placing a simple geometric shape around the external edges of the lot. Landscaping areas located in the corners or otherwise set in from the edge of the parking lot where such area would otherwise be paved are considered to be within the parking lot and may be included as a part of the required landscaping. See Figure 9.1.

Figure 9.1: Calculation of Interior Parking Lot Landscaping

d. Required parking or paving setbacks, screening, bufferyard, or other landscaping required by this ordinance shall not be utilized to meet any requirement of these landscaping provisions.

e. A minimum of 1 canopy tree, 1 understory tree, and 2 shrubs shall be installed for every 300 square feet of landscaped area. The landscaped area shall include plantings of a type and size described in Section 9.25, C, above. (Ord. 16-13)

f. The use of concrete, asphalt or other paved surface inside the required landscape areas shall be prohibited.

g. All landscaped areas shall be designed and located to standards acceptable to the City Planner that clearly define internal streets, traffic lanes and parking areas and maintain intersection sight distance. In addition:

i. Landscaped areas shall have a minimum width of 9 feet.

ii. Raised concrete curbing shall be placed around the perimeter of all landscaped areas. Up to two (2) gaps each of 12 inches or less are permitted per landscaped area to allow for the drainage of stormwater into landscape islands for the purposes of irrigation. (Ord. 16-13)

E. Street Trees (Ord. 16-13)

1. Purpose: To establish minimum planting and maintenance requirements for street trees installed by a Subdivider or Developer within a public right-of-way.

2. Requirements for Trees Located within Public Right-of-Way: A Subdivider or Developer that proposes to plant trees in a public right-of-way within or adjacent to their subdivision or development may plant such trees in a manner, type, quantity and location as approved by the Planning Commission and subject to the following:

a. Trees shall be planted in accordance with any Landscape Plan that is a part of an approved Development Plan, Site Plan or Subdivision. Final tree locations may be adjusted by the City as unusual conditions may warrant.

b. The specific tree types proposed on a Landscape Plan shall be subject to approval by the Public Works Director or appointed designee.

c. The minimum spacing between trees shall be 40 feet for canopy trees, 30 feet for medium trees and 20 feet for understory trees.

d. The minimum distance between the tree and the edge of the street shall be two and one-half feet for a canopy tree, two feet for a medium tree and one and one-half feet for an understory tree. In areas where a sidewalk exists or is proposed, the minimum distance between the tree trunk and both the edge of the street and the sidewalks shall be two feet for a large tree, two feet for a medium tree and one and one-half feet for a small tree.

e. The tree location shall maintain required intersection sight distances.

f. The trees shall be planted a minimum of ten feet from a fire hydrant.

g. Only understory trees shall be planted under or within ten lateral feet of overhead utility wires.

h. A Subdivider shall include street trees as a part of their Maintenance Bond required by Article 9.17, Guarantees of the UDO.

i. A Developer shall provide to the City a Maintenance Bond in accordance with Article 9.17, Guarantees of the UDO.

j. All street trees shall be maintained in accordance with Chapter 1028 of the Centerville Municipal Code.

F. Preservation of Trees (Ord. 16-13)

1. Subdivisions, Development Plans or Major Site Plans: Existing trees or stands of trees shall be shown on the construction drawings or plot plans with the location, trunk diameter and common name of all trees to be presented to the Planning Commission for its consideration. Reference on the plot plan shall be made to any tree where removal or damage to the root system, trunk or branches is contemplated.

2. Care of a Tree during Development, Construction, Improvement, Excavation and Grading.

a. Trees shall be protected as described in two documents by the International Society of Arboriculture titled "Tree Care Information: Avoiding Damage During Construction" and "Tree Care Information: Treatment of Trees Damaged By Construction."

b. Every effort shall be made to locate structures, driveways, parking areas, swimming pools, streets, sidewalks, water, sewer, gas, electrical and telephone lines, or any other improvement, when a tree is involved, in such a manner so as to minimize the removal, cutting or damaging of it.

c. If a change in the grade level of a property is necessary and the removal or addition of soil is needed, then the root system of the tree shall be protected by an acceptable tree well or retaining wall. Reference must be made to this on the construction plans.

3. Tree Removal Necessitated by Construction, Development or Improvement of Land.

a. A tree may be removed within six feet of a proposed permanent building as indicated on a plot plan, but only after considering all alternative building sites on the property. The tree to be removed must be referred to on the site plan and its removal must be approved in advance, in writing, by the Planning Commission or its staff designate.

b. A tree may be removed elsewhere on the lot, but only after consideration of all alternative plans has shown that such removal is necessary for the development of parking areas, driveways, streets and sidewalks and the installation of water, sewer, gas, telephone and electrical lines.

c. When a tree is a safety hazard, it shall be removed in accordance with Chapter 1028 of the Centerville Municipal Code.

d. Any tree removed or seriously damaged shall be replaced by a like tree on that lot at a location suitable to the owner, provided that it does not create or extend a safety hazard.

9.27 Non-Residential On-Site Lighting Standards

A. Purpose

The intent of the sight lighting standards is to provide a level of illumination necessary for adequate, safe, and efficient movement of vehicles and persons without affecting neighboring properties. Further, the level of illumination may vary according to the type of use on a lot. Prior to the approval of a Building Permit, Occupancy Permit, Property Maintenance, or Certificate of Zoning Compliance, a plan demonstrating compliance with the following exterior lighting standards will be submitted and approved by the City Planner for non-residential uses.

1. Lighting parking, loading and service areas must all be consistent in color, size, height and design.

2. When field measurements of light readings are made, they are to be taken with a light meter at grade.

3. All commercial developments with 10 or more parking spaces are required to lighting for the entire area used for vehicles, exterior doorways, and access doorways.

4. Apartments, townhomes, attached single-family, patio homes or residential development accessed by private streets with evenly distributed parking with clusters of five exterior spaces or less shall:

a. Illuminate all private streets or main traffic circulation aisles in compliance with this Section.

b. Illuminate secondary areas for vehicle use, such as driveways or and motor courts by post mounted or wall mounted fixtures in keeping with the residential character of the area.

c. All multi-family residential developments with clusters of six exterior parking spaces or more are to be illuminated in compliance with the required standard listed above for commercial developments.

B. Applicability

All non-residential developments are required to provide exterior lighting for all exterior doorways, pedestrian pathways, and parking and loading/service areas.

C. Minimum Site Lighting Criteria

All exterior lighting shall meet the following minimum standards and be demonstrated on all plan submittals:

1. 0.5 Foot-candles Average Maintained: Measured at grade in all parking and loading areas and pedestrian pathways. Actual site measurement compliance shall not drop below a minimum of 0.3 foot-candles at any one location. For design purposes, the light loss factor (LLF) as defined in Article 11 shall be calculated at: (Ord. 17-16)

a. 0.7 LLF for Incandescent, Metal Halide, and Mercury Vapor lamp sources.

b. 0.8 LLF for Fluorescent and Sodium lamp sources.

c. 0.9 LLF for Light Emitting Diode (LED) lamp sources.

2. Lighting Uniformity Shall Not Exceed:

a. 10:1 Maximum to minimum light levels.

b. 4:1 Average to minimum light levels.

3. Pole Mounted Luminaire Overall Height Limitations: Height shall be measured from finished grade to top of fixture unless otherwise limited.

Office, Commercial & Inst. 25 feet maximum

Mixed Use 30 feet maximum

4. The color temperature of exterior illumination shall appear as natural or neutral ranging from a minimum of 2,200K (high pressure sodium) to a maximum of 5,400K (metal halide) as measured in Degrees Kelvin.

D. Light Trespass Criteria

Light originating on a site shall not be permitted beyond the site to exceed the following values when measured at grade 10 feet beyond the property line for the following adjacent properties:

Single-Family 0.3 foot-candles

Multi-Family 0.5 foot-candles

Office, Commercial & Inst. 1.0 foot-candles

Mixed Use 1.0 foot-candles

Industrial Warehouse 1.5 foot-candles

Highway Commercial 1.5 foot-candles

Outdoor Sports Facilities will be reviewed for compliance with regard to the intent of these exterior lighting standards to minimize the impact of light trespass and glare on all surrounding properties and public rights-of-way.

Service station and service station/mini-mart canopy lighting and outdoor display area lighting used in conjunction with a vehicle sale, rental and ancillary service establishment must not exceed an average lighting level of 25 foot-candles as measured horizontally at grade.

E. Glare Control Criteria

1. All exterior lighting used to light parking lots, loading/service areas, and pedestrian pathways shall be "total full cutoff type" as defined by the Illuminating Engineering Society of North America's (IESNA) latest standard. The four IESNA classifications are defined as follows (IESNA 2000):

a. Full cutoff—The luminous intensity (in candelas) at or above an angle of 90° above nadir is zero, and the luminous intensity (in candelas) at or above a vertical angle of 80° above nadir does not numerically exceed 10% of the luminous flux (in lumens) of the lamp or lamps in the luminaire.

b. Cutoff—The luminous intensity (in candelas) at or above an angle of 90° above nadir does not numerically exceed 2.5% of the luminous flux (in lumens) of the lamp or lamps in the luminaire, and the luminous intensity (in candelas) at or above a vertical angle of 80° above nadir does not numerically exceed 10% of the luminous flux (in lumens) of the lamp or lamps in the luminaire.

c. Semi-cutoff—The luminous intensity (in candelas) at or above an angle of 90° above nadir does not numerically exceed 5% of the luminous flux (in lumens) of the lamp or lamps in the luminaire, and the luminous intensity (in candelas) at or above a vertical angle of 80° above nadir does not numerically exceed 20% of the luminous flux (in lumens) of the lamp or lamps in the luminaire.

d. Non-cutoff—There is no candela limitation in the zone above maximum candela.

2. All other exterior lighting, including but not limited to doorways, architectural, accent, landscape, signage, decorative, security, floodlighting, or area lighting shall be "total cutoff type" or no portion of the lamp, reflector, lens, or refracting system may extend beyond the housing or shield so as to create or allow glare to be visible from off site, except the following:

a. Lighting required by the Building Code for emergency egress when operating in emergency conditions; or

b. Light sources which do not exceed 2300 initial lumens or 4000 main beam candlepower.

F. Lighting Plan Submittal Criteria: See Article 5 for submittal requirements.

9.29 Parking and Loading Standards

A. Purpose

The intent of this section is to:

1. Provide for off-street parking and loading areas to assure that all developments adequately and safely provide for the parking, loading, and movement of vehicles on a premises.

2. Off-street vehicle parking and loading space shall be required for all land uses as specified in the standards in this section.

B. Off-Street Parking Standards

1. General Standards

a. Off-street parking facilities as required on a premises by this ordinance shall be used solely for the parking of motor vehicles in operating condition by patrons, occupants, or employees of the premises.

b. A bicycle, tricycle or other similar small-scale, human-powered vehicle designed primarily for the recreational use by a child shall be exempt from these provisions.

2. Requirements applicable to a residential premises

a. All vehicle parking areas shall be constructed with a hard paved surface. (Ord. 17-13)

b. Vehicles may be parked or stored outdoors in the front yard of a residential premises provided that:

i. The vehicle is a self-propelled motor vehicle that is licensable for operation on a public street.

ii. The overall dimensions of such a vehicle shall not exceed 8 feet in height, 8 feet in width or 22 feet in length. The vehicle may not be parked or encroach over a sidewalk. (Ord. 20-22)

iii. All vehicles including a recreational vehicle must be parked on a paved surface in accordance with Section 9.29, C. of this UDO.

iv. Only one such vehicle may be a commercial vehicle.

v. Front yard parking of all other types of vehicles not specifically permitted by this UDO, including Recreational Vehicles, shall be prohibited. However, any 1 vehicle, except a commercial vehicle, may be temporarily parked in the front yard for loading or unloading purposes for no more than 3 days in any 7 day period beginning the first day the recreational vehicle is parked on the property.

vi. A visitor's recreational vehicle may be parked in the driveway for a time not to exceed 7 days in any 6 month period beginning the first day the recreational vehicle is parked on the property.

c. Recreational Vehicle (Ord. 16-20)

i. A maximum of 1 recreational vehicle may be parked outdoors per dwelling unit.

ii. A recreational vehicle shall not exceed 8 feet in width, 12 feet in height, or 30 feet in length.

iii. Recreational vehicle shall be located in the side yard of a residential premises. Front or rear yard parking shall be prohibited except as provided in Section 9.29(B).

iv. No recreational vehicle shall be parked nearer to a side lot line than 5 feet.

v. A recreational vehicle shall be stored on a hard paved surface such as asphalt or concrete at all times.

vi. A recreational vehicle shall be screened in accordance to the Screening Requirements contained in Section 9.25, Table 9.6 of the UDO.

vii. Refer to Article 3.13(H)(5) for provisions pertaining to non-conforming Recreational Vehicle Uses of this UDO.

d. No vehicle shall be used for living, sleeping, housekeeping, or commercial purposes when parked on a residential lot, or in any location not approved for such use.

e. Side or rear yard parking of a commercial vehicle shall be prohibited.

f. A commercial trailer shall not be parked or stored outdoors on residential premises except a commercial trailer may be temporarily parked during the time of repair, maintenance or construction of the residence and/or premises.

C. Size and Design

1. Off-street parking spaces shall meet or exceed the minimum design standards for parking lot layouts as set forth in this section of the UDO. The minimum size for an off-street parking space as indicated in Table 9.7 shall be 18 feet in length by nine feet wide.

2. Minimum Design and Construction Standards

a. Off-street parking may be open to the sky, or enclosed in a building or structure, either above or below ground. Off-street parking areas shall meet acceptable engineering standards as set forth by the Engineering Department for such things as driveway widths, island design, curbs, barriers, grades, turning radii, vertical clearance, stacking and waiting areas and drainage.

b. Non-Residential Uses (including Multi-Family Residential Uses)

i. Each off-street parking space shall open directly into an aisle or driveway of adequate width and design for safe and efficient vehicular access to the parking space. No parking space shall open directly onto any public street.

ii. An aisle or driveway shall not be used for parking of vehicles.

iii. All vehicle parking areas shall be graded and constructed with a hard paved surface. (Ord. 17-13)

iv. A driveway permit shall be required from the Engineering Department for any new driveway opening onto a public street.

v. A grass paver parking lot for the purpose of overflow or occasional use parking of vehicles may be approved by the Planning Commission as a part of a major site plan.

c. Single-Family, Two-Family, or Townhouse Dwelling (Ord. 17-13, 7-18)

i. All vehicle parking areas shall be graded and constructed with a hard paved surface.

ii. Grass pavers may be used to access a vehicle parking area. Paver systems shall be planted with grass seed or sod and installed per manufacturer specifications for the anticipated vehicle load. Parking on grass pavers is prohibited.

d. Refer to Section 9.31, Access Control for Streets and Highways of the UDO for driveway width requirements.

e. Vehicle Inventory Lot

i. The minimum design standards for a parking stall and drive aisle may be reduced for a vehicle inventory lot, as defined by this ordinance.

ii. The City Planner or his designee shall approve the design of a vehicle inventory lot.

Figure 9.2: Parking Stall and Aisle Width Requirem ents

Legend

A-Parking Angle TW2-Total Width of Two Stalls with a One-Way Aisle

SW-Stall Width on Angle TW3-Total Width of One Stall with a Two-Way Aisle

SL-Stall Length on Angle TW4-Total Width of Two Stalls with a Two-Way Aisle

SP-Stall Length Perpendicular to the Aisle I-Reduction per Stall in the Total Width for Inter-Locking Stalls

AW1-One Way Aisle Width

AW2-Two-Way Aisle Width

TW1-Total Width of One Stall with a One-Way Aisle

Table 9.7: Minimum Design Standards for Off-Street Parking Areas

Parking Angle (In Degrees)
	0° (Parallel)	30°	45°	60°	90°
SW - Stall Width on Angle	24	9	9	9	9
SL - Stall Length on Angle	8	18	18	18	18
SP - Stall Length Perpendicular to Angle	8	17	19	20	18
AW1 - Aisle Width, One-Way	12	12	12	18	24
AW2 - Aisle Width, Two-Way	20	20	20	22	24
TW1 - Total Width, 1 Stall, One-Way Aisle	20	29	31	38	42
TW2 - Total Width, 2 Stalls, One-Way Aisle	28	46	50	58	60
TW3 - Total Width, 1 Stalls, Two-Way Aisle	28	37	39	42	42
TW4 - Total Width, 2 Stall, Two-Way Aisle	36	54	58	62	60
I - Reduction in Total Width for Interlock (Per Stall)	0	3.9	3.2	2.3	0

Note: All figures are measured in feet unless otherwise noted.

3. Curbing and Wheel Stops

a. Where Required

A continuous curbing and/or the installation of wheel stops shall be required for any parking lot or portion thereof, as determined by the City Planner or his designee, where any of the following conditions exist:

i. Encroachment of a vehicle into any traffic aisle, pedestrian walkway or sidewalk;

ii. Parking area abuts a wall, light standard, fence, or any other structure; or

iii. A severe grade change or embankment at the edge of a parking area.

b. Standards

i. All curbing shall be 6 inches in height above finished pavement and may be made of concrete, stone, timber or similar material. The use of asphalt as a curb material shall be prohibited.

ii. Wheel stops shall be made of concrete at least 6 feet in length and permanently affixed with steel dowels to the paved surface beneath it.

iii. All curbing and wheel stops shall provide a minimum clearance of at least 30 inches from any adjacent sidewalk, traffic aisle, embankment, wall, fence or other structure.

iv. A sidewalk may be used as a curb or wheel stop providing said sidewalk is a minimum of 6.5 feet in width. (Ord. 18-13)

Figure 9.3: Wheel Stops and Sidewalk Illustration

4. Drainage

All off-street parking areas shall meet the standards for stormwater runoff control as adopted by the City of Centerville.

5. Marking

Designated parking spaces shall be marked on the surface of the parking area with paint or permanent marking materials and maintained in a clearly visible condition. Where driveways intersect the public right-of-way, the paint lines dividing vehicle paths and other pavement markings shall be in accordance with the State of Ohio Uniform Traffic Control Manual.

6. Landscaping Required

All parking lot landscaping shall conform to the standards located in Section 9.25, D of the UDO.

7. Parking for Handicapped Persons

Any parking area to be used by the general public shall provide parking spaces and an accessible route designed and located to adequately accommodate the handicapped, and those spaces shall be clearly marked as such. The number, design and location of such spaces shall be consistent with the provisions of the City Building Code.

8. Mixed Uses

The total requirement for off-street parking facilities for mixed occupancies or for parking areas shared by 2 or more buildings shall be the sum of the requirements for the various uses computed separately.

9. Joint Use of Parking Spaces

The City Planner or his designee may authorize a reduction in the total number of required off-street parking spaces for 2 or more non-residential uses providing their respective hours of operation do not normally overlap. Examples of these types of uses are restaurants, theaters, churches, school auditoriums, banks, business or professional offices, and retail or personal service establishments.

Reduction of joint use parking shall be subject to the following conditions:

a. Not more than 50 percent of the total number of off-street parking spaces required may be located on other premises.

b. The applicant shall submit data to indicate that there is no substantial conflict in the principal operating hours of the uses proposing to make use of the joint parking facilities.

D. Location

1. Single- or Two-Family Residential Uses (Ord. 17-14)

a. Front, side, or rear yard parking shall be permitted.

b. The total paved area shall not cover more than 35 percent of the front or rear yard. The total paved area shall not cover more than 50 percent of the total side yards.

2. Multi-Family Residential or Non-Residential Uses (Excluding the Architectural Preservation District)

All off-street parking shall be located behind the minimum front, side, or rear setback line for parking or paving.

3. Architectural Preservation District

Refer to the Section 9.05 of this Ordinance for additional requirements.

4. Zoning District

All required off-street parking shall be located in the same zoning district as the use served or a zoning district where the use served is a principal permitted use.

5. Proximity to the Use Served

a. All required off-street parking facilities shall be situated on the same lot as the use it is intended to serve. However, if the City Planner or his appointed designee, determines that it is not feasible for a building or use to fulfill their total parking requirement on the premises, parking may be located off-premises provided that:

i. The farthest public or customer parking space is not more than 400 feet away from the premises.

ii. The farthest employee parking space is not more than 1,000 feet away from the premises.

iii. Such parking area meets all other requirements of this ordinance.

b. In no event shall the required parking for a residential use be located elsewhere than on the premises for which such parking is required.

6. Parking Provided Under Separate Ownership

If a use requiring parking spaces is in one ownership and all or part of the required parking spaces provided is in another ownership, the property owners involved shall submit a legal agreement, approved by the City Attorney, guaranteeing that the required parking spaces shall be maintained so long as the use requiring parking is in existence or unless the required parking is provided elsewhere in accordance with the provisions of this ordinance. Such instrument shall be recorded by the property owner in the office of the corresponding County Recorder and a copy filed with the Planning Department.

E. Computation

1. Number of Spaces

When determination of the number of off-street parking spaces required by this section results in a fraction less than one-half, may be disregarded and a fraction equal or greater than one-half, shall be counted as one parking space.

2. Units of Measurement

For the purpose of determining off-street parking requirements, the following units of measurement shall apply:

a. Floor Area. Floor area for non-residential purposes shall be the sum of the gross horizontal area of all floors of a building measured from the exterior faces of the exterior walls. Any floor or part thereof used for incidental storage of goods, materials, or merchandise, not to exceed 25% of the total floor area, may be excluded from the gross floor area computation. (Ord. 17-14)

b. Hospital Beds. In hospitals, bassinets shall not be counted as beds.

c. Places of Public Assembly

i. Benches - In stadiums, sports arenas, churches and other places of assembly in which those in attendance occupy benches, pews or other similar seating facilities, 20 inches of such seating facilities shall be counted as one seat.

ii. Fixed Seats and Assembly Areas - In cases where a place of assembly has both fixed seats and open assembly area, requirements shall be computed separately for each type and added together.

d. Employees on the Largest Work Shift. Employees on the largest work shift means the maximum number of employees which could be employed at a facility, regardless of the time period during which this occurs and regardless of whether any such person is a full-time employee. The largest work shift may be a particular day of the week or a lunch or dinner period in the case of a restaurant.

e. Capacity. Capacity means the maximum number of persons which may be accommodated by the use as determined by its design or by fire code regulations, whichever is greater.

F. Number of Parking Spaces Required

1. The minimum number of parking spaces required per use is shown in Table 9.8.

2. The Parking requirements for accessible parking spaces through the American Disabilities Act should be used from the Ohio Building Code for the use and scale of the non-residential use. (Ord. 17-14, 7-18; 16-20)

3. For property owners in the Architectural Preservation District that are parties to the Uptown Parking District, the businesses and uses on said properties shall be exempt from the parking requirements of Table 9.8, as the public parking district accommodates the various land uses in a shared parking agreement. (Ord. 20-22)

G. Bicycle Parking Requirements (Ord. 17-16)

1. Off-street parking of bicycles shall be provided as follows:

a. Multi-Family Residential uses: 1 space per 10 units.

b. Non-residential uses: Two (2) spaces minimum, plus one space per 15 required off-street parking spaces up to a maximum of 20 total bicycle parking spaces.

2. For each required bicycle parking space, a permanently anchored facility shall be provided which supports the bicycle frame and can enable a user to secure the frame and one wheel of a bicycle with a six (6) foot cable and lock. The facility shall be conveniently located to a public entrance of the use it serves. Acceptable bicycle parking facilities include the following:

a. Permanently anchored freestanding bicycle rack, such as an Inverted-U rack, an Inverted-U Series Rack, Post and Ring rack, or other acceptable bicycle parking rack as determined by the City Planner provided it meets the requirements noted above.

b. Enclosed bicycle lockers large enough to accommodate a bicycle with a three (3)-foot handlebar width, a height of four (4) feet from the bottom of the wheel to the top of the handlebar, and a length of six (6) feet from the front of the front wheel to the back of the rear wheel.

c. A fenced, covered, locked, or guarded bicycle storage area. Such area shall be large enough that each of the required bicycle parking spaces can accommodate a bicycle with a three (3)-foot handlebar width, a height of four (4) feet from the bottom of the wheel to the top of the handlebar and a length of six (6) feet from the front of the front wheel to the back of the rear wheel.

Table 9-8: Minimum Number of Parking Spaces Required

1 One (1) additional guest parking space shall be required within 150 feet of a dwelling unit where a street in front of the dwelling unit is less than 24 feet in width.

2 At Capacity.

3 Not less than 5 parking spaces per practitioner.

4 Reserved. (Ord. 17-14)

5 The number of parking spaces that is the greater between GFA and person shall apply.

6 A maximum of 4 garage spaces shall be permitted.

H. Off-Street Loading

1. Off-Street Loading Spaces Required

Any building or structure constructed, structurally altered, enlarged or having a change of use, which requires the receipt or distribution of materials or merchandise by trucks or similar vehicles, shall provide off-street loading spaces or berths as required in this section.

2. Design Standards

a. Dimension

Each off-street loading space shall be at least ten feet in width by 25 feet in length with a vertical clearance of 15 feet or more and adequate area for ingress and egress.

b. Access

i. Each required loading space shall be served by access to a street, service drive, or alley in a manner that will not interfere with traffic or parking lot circulation.

ii. No loading space shall be located in such a manner as to allow a vehicle to back onto a public street or to extend into the right-of-way while being loaded or unloaded.

iii. All access to loading spaces shall meet the access control requirements of this Ordinance.

c. Surfacing and Drainage

All loading areas shall be graded as necessary and improved with asphaltic concrete or portland cement and shall meet the standards for stormwater runoff control as adopted by the City of Centerville.

d. Location

Off-street loading areas shall not be located in any front yard or within 25 feet of any street right-of-way, except for areas used for the occasional drop-off or pick-up of goods in vans, step vans, or panel trucks.

e. Marking

Designated loading areas shall be marked as such on the surface of the loading area with paint or permanent marking materials and shall be maintained in clearly visible condition.

3. Utilization

a. No storage, motor vehicle repair work or service of any kind other than for an emergency shall be permitted within any required loading berth.

b. Space allocated to a required loading berth shall not be used to satisfy any requirement of this ordinance for off-street parking spaces.

4. Number of Loading Spaces Required

The minimum number of loading spaces required per use is shown in Table 9.9.

TABLE 9-9: Minimum Number of Loading Spaces Required

9.31 Access Control for Streets and Highways

A. Purpose

The intent of this section is to:

1. Regulate driveway access to public streets to lessen the impact of future development on the City's thoroughfare system. These standards are designed to minimize safety hazards, traffic congestion, and other adverse impacts thereby protecting the integrity of the thoroughfare system.

2. Minimize the number of driveways and access points onto public streets. These regulations should be interpreted to that end whenever possible.

3. Require that sidewalks be constructed along arterial and collector streets to provide for safe and convenient pedestrian access to neighborhoods, businesses and other community facilities.

B. Access to City by Driveway or Street Located Outside City

These requirements shall specifically apply to a situation where the driveway or street or a portion of the driveway or street to be constructed, altered or the access point for such a driveway or street is within the City of Centerville and the land or a portion of the land to be accessed by the driveway or street is outside the City of Centerville. A Development Approval request in accordance with Section 5.09 of this UDO shall be required by the developer before any such construction within or access to the City of Centerville shall be permitted.

C. Roadway Access Standards

(See Ohio Department of Transportation Ohio State's Highway Access Management Manual, December 2001 and the Institute of Transportation Engineers Transportation and Land Development, 2nd Edition; or most recent revisions.) (Ord. 17-14)

1. Street Cut Permit Required

A street-cut permit shall be required to permit or expand a driveway to intersect any public street.

2. Driveway and Roadway Surface

All driveways and roadways shall be constructed with a hard paved surface. (Ord. 17-13)

3. Driveway and Roadway Spacing

The minimum spacing of driveways and roadways in relation to other driveways and roadways shall be based on the posted speed limit as illustrated in Table 9.10. This distance shall be measured from the point formed by the intersection of extended curb lines of each driveway or street.

Table 9.10 Minimum Driveway Spacing

Driveway Spacing
Posted Speed (MPH)	Minimum Distance
Posted Speed (MPH)	Feet	Meters
25	155	50
30	200	65
35	250	80
40	305	95
45	360	110
50	425	130
55	495	150
60	570	175
65	645	200

Source: Ohio Department of Transportation

a. The minimum spacing distance between adjacent one-way driveways or roadways with the inbound drive upstream from the outbound drive may be reduced by 1/2 the distance shown in Table 9.10.

b. The minimum driveway spacing distance for single-family or two-family residential uses shall be a minimum of 20 feet; driveways may, however, be joined together.

4. Alignment Across the Street

a. Driveways or roadways shall either be directly opposite other driveway or street intersections or shall be offset by the minimum driveway spacing shown in Table 9.10 except in locations where there is a raised median in the street.

b. Single-family and two-family residential uses shall be exempt from this provision.

5. Dimensions of a Driveway

a. Non-Residential Uses (including Multi-Family Residential Uses)

i. All driveways shall have a minimum width of 24 feet. This provision may be modified by the City Planner or his designee to allow for a second entrance lane and/or a left turn exit lane for a large or intensive non-residential or multi-family residential use. In no case shall any driveway exceed 48 feet in width.

ii. Aisle widths for off-street parking areas shall be as provided in Table 9.7, Minimum Design Standards for Off-Street Parking Areas.

b. Single-Family and Two-Family Residential Uses

i. A driveway for a single-family or two-family residence shall have a minimum width of 8 feet and a minimum length of 20 feet from the public right-of-way. For a single-family or two-family residence on a private street, it shall be minimum length of 20' from the back of sidewalk or 30' from back of the curb if a sidewalk or path is not present. In no case shall any driveway exceed 24 feet in width at the public right of way. (Ord. 17-14; 16-20)

ii. A driveway shall extend from the public right-of-way or curb-line of a private street to any vehicle parking area or the garage door of any principal or accessory building whichever is greater.

6. Intersection Angle

A driveway or roadway shall intersect a cross-street at, or nearly at, a right, 90 degree angle. In no case shall any intersection have an angle less than 75 degrees.

7. Grade at Intersection

a. A driveway or roadway intersection shall have a maximum vertical grade of 2 percent, for a distance of 70 feet, for each leg of the intersection. This distance shall be measured from the edge of pavement of the cross-street back a distance 70 feet as shown in Figure 9.4.

Figure 9.4: Grade at Intersection

b. Single-family and two-family residential uses shall have a maximum vertical grade of 2 percent for a distance of 10 feet or to the public right-of-way whichever is greater.

8. Horizontal Intersection Sight Distance

a. In order to provide a clear view of intersecting streets to the motorist, there shall be a triangular area of clear vision formed by the 2 intersecting streets and the driver's line of sight toward a car approaching the intersection. Reference A Policy on Geometric Design of Highways and Streets (American Association of State Highway and Transportation Officials). (Ord. 17-14)

b. On any portion of a lot that lies within this triangular area, nothing shall be erected, placed, planted, or allowed to grow which impedes vision between a height of 2.5 feet and 10 feet above the grade at any point within the triangle.

9. Vertical Intersection Sight Distance (Ord. 17-14)

a. Driveways or roadways shall intersect other roadways at a point where there shall be provided a line of clear vision that is free of hills or valleys that can obstruct the visibility of a motorist. Reference A Policy on Geometric Design of Highways and Streets (American Association of State Highway and Transportation Officials).

Figure 9.5 Horizontal Intersection Sight Distance

Figure 9.6 Vertical Intersection Sight Distance

10. Median Openings

Openings to non-mountable medians with a width of 4 feet or greater shall be permitted only as follows:

a. Residential Properties

A median opening will be permitted for 1 driveway to each residential property when the alternate route that would be required to gain access to the driveway is in excess of 2600 feet.

b. Non-Residential Properties

i. A median opening may be permitted for 1 driveway to each on-corner property.

ii. A median opening will not be permitted for driveways to corner properties where access can be gained by way of the cross-street, except as noted below (See Figure 9.7).

Figure 9.7 Median Openings

iii. A median opening may be permitted to a corner property only if the alternate turn from the cross-street causes unnecessary delay or creates a traffic hazard.

c. Additional median openings may be permitted to serve high volume parking lot driveways as the need is demonstrated.

d. Crosswalks

To provide a minimum length of median at crosswalks, openings will not be permitted within 20 feet of a crosswalk.

11. These access control standards may be modified and increased or decreased upon recommendation to the City Planner or his designee, in order to accommodate unique safety or design situations or if indicated by a traffic impact analysis. In cases where these standards are recommended to be modified, the City Planner or his designee shall make a report which documents the facts of the case and the rationale for modifying these requirements.

D. Wilmington Project Access Management Plan

(See the MOT/GRE I-675/Wilmington Project Access Management Plan commonly known as the Wilmington Project Access Management Plan, dated December 13, 2023, or most recent version.)

When development or redevelopment occurs along Wilmington Pike, Clyo Road and/or Feedwire Road, as defined in the Wilmington Project Access Management Plan , all access points, whether existing or new, shall comply with the Wilmington Project Access Management Plan.

(Ord. 16-24)

9.33 Parking Fee-in-Lieu. (Ord. 35-14)

A. Purpose: The Parking Fee-in-Lieu program incentivizes a more efficient use of land for commercial purposes to preserve the ambiance and character of the surrounding area while affording a revenue mechanism for public parking needs.

B. Applicability: The Parking Fee-in-Lieu program shall be applicable solely within the area defined as the Architectural Preservation District (APD) on the Official Zoning Map of the City of Centerville, and under one or more of the following circumstances:

1. New construction of commercial or residential development.

2. Commercial or residential additions to existing buildings whether attached or detached from the main structure.

3. When an alteration or rehabilitation within an existing structure results in an increased parking requirement pursuant to Articles 3.13 and 9.29.

4. When the parking requirement for a permitted or conditional use exceeds the available parking on the premises pursuant to Articles 3.13 and 9.29.

C. Determination of the fee-in-lieu of parking

1. The City Planner shall calculate the required number of parking spaces in accordance with Article 9.29. The City Planner shall communicate the required number of parking spaces to the Applicant. The existence of an active Variance affecting the quantity of required parking spaces shall not be considered for the purpose of determining the fee-in-lieu of parking.

2. The Applicant may request to pay a fee-in-lieu of providing the required number of parking spaces in accordance with the following:

a. At minimum, 50% of the required number of parking spaces shall be provided on the premises in accordance with Articles 3.13 and 9.29.

b. All or a portion of the required parking not to be provided in accordance with part (a) above may be substituted for a one-time fee in the following amounts (2015 dollars):

i. Parking spaces one (1) through five (5): $2,000 each.

ii. Parking spaces six (6) through ten (10): $3,500 each.

iii. Parking spaces eleven (11) and above: $5,000 each.

c. The Parking Fee-in-Lieu amount shall be based upon the following equation:

Parking Fee- Aggregate Fee as Consumer Price Index as

in-Lieu = Calculated from Part (b) X calculated by the Bureau

above of Labor Statistics

d. The fee-in-lieu shall be aggregated and paid in its entirety to the City of Centerville in a form acceptable to the Finance Director prior to the issuance of a Certificate of Zoning Compliance. The fee is non-refundable. (26-24)

e. The fee-in-lieu shall be applicable at each issuance of a Certificate of Zoning Compliance for a premises. Credit shall not be granted for previous fee-in-lieu payments applicable to the premises.

f. Payment of a fee-in-lieu of parking does not absolve the developer or property owner from any future obligation to participate in future construction of public parking programs or facilities through additional funding mechanisms (e.g., a local improvement district, tax increment financing, etc.).

3. In making a determination on the request, the City Planner shall consider:

a. The extent to which the parking requirements as applied to the subject property overly restrict nominal use of the property;

b. Whether granting the request would have a deleterious effect on other property owners in the immediate area; and

c. Whether granting the request would lead to a better overall result than would strict adherence to the parking requirements of Article 9.29 for the purposes of encouraging appropriate land uses, improving pedestrian circulation, achieving better parking design, and preserving the built environment.

D. Limitations of the Parking Fee-in-Lieu program

1. Funds collected through the Parking Fee-in-Lieu program shall be expended on public parking programs and facilities in the general vicinity of the area(s) listed in Article 9.33(B) above. Payment of a fee-in-lieu of parking is not a guarantee to a developer or property owner that public parking programs and facilities will be conducted or constructed for the sole use of or in immediate proximity to that development.

2. Funds may be expended by the City at any time for one or more of the following purposes, including any process, procedure, or expenditure required thereto:

a. Construction of a new public parking facility.

b. Expansion of an existing public parking facility.

c. Conversion of an existing private parking facility to public use via easement, purchase, or lease.

d. Infrastructure attributable to a public parking facility, such as signage, lighting, landscaping, and stormwater management facilities.

e. Pedestrian, bicycle, and transit-related infrastructure.

f. Public service annoucements, advertising, publications, and other non-infrastructure programming pertaining to public parking facilities.

g. General maintenance, repair, and replacement of any noted above item or facility.

9.35 Stormwater and Drainage Standards

A. Purpose

The purpose of these stormwater drainage standards is to provide adequate facilities to accommodate stormwater runoff created by a development project either through on-site or off-site improvements or alterations to the drainage system.

B. Site Grading and Drainage Development Plans; Waivers.

1. Any person or persons proposing to develop or redevelop land shall design and implement a site grading and drainage development plan which will:

a. Yield quantities of surface water runoff from the development site at rates which are the same as or less than those before development occurred and result in rates of gross erosion as specified in this section.

b. Not result in increasing current potentials for sedimentation of lands, siltation of waters and flooding of watercourses that are at lower elevations off-site.

c. Meet or exceed requirements promulgated by state and federal agencies to promote positive drainage practices, mitigate damage to water quality and foster beneficial environmental practices. (Ord. 17-14)

2. No changes subject to regulation under this chapter shall be made in the existing natural surface composition or subsurface configuration of any land proposed for development or redevelopment within the City without prior written approval of a site development plan by the Approving Agent. Approval of a site development plan required according to Section 9.35, H shall not be given:

a. Unless a determination is made by the Approving Agent that implementation of an approved site grading and drainage development plan would not cause runoff, erosion and sediment impacts that would be harmful or damaging to the lands and waters off-site; or

b. Until a plan for minimizing the harmful and damaging potentials of runoff, erosion and sediment impacts anticipated resulting from the implementation of a proposed site grading and drainage development plan has been approved by the Approving Agent.

3. Development situations may exist such that the development will have none of the harmful effects associated with increased runoff rates and volumes or sediment disposition. Such developments are eligible for a waiver from these standards; however, the waiver applies only to the following requirements and may have specific conditions attached by the Approving Agent, including, but not limited to:

a. The preparation of plans, maps and/or information specified in Section 9.35, I.

b. The installation of sediment abatement control devices until such time as site inspection indicates that they may be unnecessary.

c. Controlling runoff to predevelopment conditions as specified in Section 9.35, F except that storm water runoff must be controlled to the maximum volume and minimum rate feasible for the site as determined by the Approving Agent.

4. The request for a waiver shall be in writing and shall include sufficient detail to determine that granting a waiver will not be detrimental to abutting properties or to the drainage system. However, the waiver does not in any way imply a relaxation of any of the other standards in this chapter, including the requirement for adequate on-site drainage, the ability to accept runoff from land tributary to the development or reasonable control of soil erosion and sediment. Development activities for which waivers may be considered include the following:

a. Single-family residential developments involving improvement of an individual lot in a previously approved subdivision.

b. Multifamily residential, commercial or industrial developments which total 2 acres or less.

c. Modifications to, or redevelopment of, an existing development which will not result in additional impervious areas.

5. Development activities that are exempt from this chapter include the following:

a. Additions of less than 250 square feet to existing property, such as driveways, sidewalks, patios, etc.

b. Regular farming procedures on land designed for such use.

C. Storm Sewer and Drainage

1. Drainage Plans

a. Intent - A drainage plan is required.

i. To provide a planned guideline for the construction of the development so that the drainage of the whole development and for each lot in the development meet the requirements of all sections of this chapter; and

ii. So that the drainage of the subject plat will be consistent with the existing or planned drainage of all adjacent plats.

b. General

i. An overall map of the development shall be submitted to the City Engineer for approval prior to any work on the development which would alter or increase the original flow of water.

ii. This map shall show all existing and proposed lots, streets, and utilities in the proposed plat and existing lots, streets, and utilities immediately adjacent to the proposed plat.

iii. This map shall show the general drainage plan proposed for the development. A detailed drainage plan for each lot or group of lots shall be formulated when the type of structures to be placed on the lots is determined. The final plan shall include all storm sewers, drains, swales, appurtenances for the development.

iv. Drainage shall be indicated on each plot plan submitted for a building permit and must conform to the overall drainage plan for the development. Plot plans shall indicate the FFE and the adjacent building grade. The plot plan shall show the approximate elevations of the lot corners, final grade. Swales, if any, with the direction of the flow of storm water, shall be indicated. Contour lines may be used to show this final drainage plan.

v. Plot plans shall include solutions to any unusual problems, such as springs, swamps, ponds, etc., when they are known to exist, either on the proposed development or on adjacent land, if the subject development or lot will be affected.

vi. The drawing showing the proposed overall drainage plan shall contain a statement to the effect that the proposal presented does not interfere with the drainage of adjacent properties.

vii. The covenants on the record plan shall contain a statement to the effect that succeeding owners of portions of the plat shall not erect any structures or change the grading in any manner which would alter the water flow from or to adjacent land unless written permission is obtained from the owners of such adjacent land.

2. Storm Water Disposal

a. All areas shall be sloped to a lower elevation off the lots or to drainage structures on the lot in accordance with the site grading plan. Two or more lots may be considered as one area. Business, industrial and commercial areas may be considered as one lot for storm water disposal purposes.

b. Unpaved drainage swales shall have adequate width and depth to carry the runoff.

c. Longitudinal gradients for swales or gutters shall be provided as follows:

i. For centerlines within 15 feet of buildings, or in a required outdoor area, see Section 9.35(D)(4).

ii. For center lines in other lot areas, see Section 9.35(D)(9)(a).

d. The permanence and maintenance of off-site drainage ways shall be assured by locating such drainage ways in public or private rights of way or easements, as shown on the record plan.

e. Where drain inlets or catch basins are installed, emergency surface drainage overflow shall be provided to prevent possible flooding against or within the building in the event of the failure of the underground drainage structures.

3. Drain Lines

a. Storm sewers shall be constructed of concrete pipe in the public right-of-way. Pipe not in the public right-of-way may be constructed with alternate materials as permitted in the Ohio Department of Transportation Construction and Material Specifications. (Ord. 17-14, 7-18)

b. Drain lines shall be of adequate size and gradient to provide proper run-off and shall be at such depth as to preclude damage to the pipe.

c. Drain lines for surface drainage shall be sealed where necessary to prevent harmful infiltration of sand, muck and other materials. For subsurface drainage, perforated or porous pipe shall be backfilled with gravel or crushed rock over the pipe to a point at least 6 inches below finished grade.

4. Drain Inlets

The design, size and construction of drain inlets shall be adequate to carry water imposed without overflow.

5. Drainage Structures

a. Intent. The intent of the requirements in this section is to provide for the collection of surface and subsurface water in order to protect any dwelling or other improvements; and usable lot areas.

b. General

i. Paved gutters, drain lines and inlets or other necessary drainage structures shall be installed where storm water disposal cannot be obtained without their use or where erosion cannot be prevented by finish grading and/or planting. Such drainage structures shall be shown on plat design drawings.

ii. Design, construction and installation of drainage structures shall be in accordance with standard engineering practices and shall be suitable for the use and maintenance contemplated.

iii. Gutters and drain lines shall be connected to suitable outfalls. The permanence and maintenance of off-site drainage ways shall be assured by public or private rights of way, by easements or by other acceptable means.

iv. Splash blocks shall be installed at the bottom of each downspout unless the downspout is connected to a drain line. See Section 9.35, C, 7 for construction details.

6. Paved Gutters

a. Gutters shall be constructed of concrete, brick or other durable material.

b. Gutters shall have an adequate depth, width and longitudinal gradient to carry water without overflow. Gutters shall be connected to an adequate storm sewer system.

c. Gutters shall be installed to provide permanent drainage with reasonable maintenance.

7. Splash Blocks

a. Splash blocks shall be constructed of concrete or other durable material.

b. The minimum width of splash blocks shall be 12 inches. The minimum length shall be 30 inches.

c. Splash blocks shall be firmly imbedded to prevent displacement.

8. Dry Wells

a. Dry wells for the disposal of water from foundation drains and crawl spaces, etc., are permissible only when the bottom of a dry well projects into a strata of porous soil at a level where the bottom of the dry well is above the ground water table at its seasonal height.

b. The minimum distance of dry wells from buildings shall be 20 feet. The separation between dry wells and buildings may be reduced to ten feet if the diameter of the dry well does not exceed three feet.

c. The size and construction of dry wells shall be adequate to dispose of the water.

d. Sump pumps shall be connected to dry wells or to the nearest point of the drainage system of the plat. Sump pumps and other drains which have water flowing more than 50 percent of the time may not discharge into the gutter.

D. Grading

1. Intent - It is the intent of this section to provide grading which shall:

a. Direct water away from buildings;

b. Prevent standing water and soil saturation detrimental to structures and lot uses;

c. Provide for disposal of water from a lot;

d. Preserve such desirable lot features that do not interfere with the proper drainage of the lot or the desired use of the lot;

e. Provide grades for safe and convenient access to and around buildings and lots for their use and maintenance; and

f. Protect adjacent properties from excessive water drainage.

2. General

a. For examples of typical grading design, see illustrations following the text of these regulations.

b. For regulations pertaining to building foundations or concrete floor slabs on fill, see the 2006 Residential Code of Ohio (RCO), and the OBC Commercial Building Code.

3. Protective Slopes Around Buildings

a. The slope of the ground downward away from building foundations to lower areas shall conform to Section 9.35, C, 2.

b. The horizontal width of the downward sloping area away from foundations shall be a minimum of 10 feet, except where restricted by property lines.

c. The vertical fall of protective slopes shall be a minimum of 6 inches in 10 feet. However, the vertical fall at the upper end of a swale may be reduced to 3 inches in 10 feet, provided that a long slope from a nearby high bank does not exist.

4. Minimum Gradient

a. For concrete or other impervious surfaces, the minimum gradient shall be one sixteenth of an inch per foot (one-half of one percent).

b. For pervious surfaces, the minimum gradient in the first 10 feet from the building shall be as provided in Section 9.35, D, 3. Beyond the 10 foot area, the gradient shall comply with the objectives of this chapter.

5. Maximum Gradient

The maximum gradient shall be 2 1/2 inches for the first four feet from all building walls, except where restricted by property lines. The balance of the protective slope shall have a maximum gradient of 2:1 (two feet horizontally to one foot vertically). (See Section 9.35(D)(9)(b)).

6. Usable Outdoor Area (Ord. 17-16)

At minimum, 35% of a single- or two-family residential lot shall be composed of usable outdoor area. The usable outdoor area may be located in any yard(s), but shall be of such location, size and shape as to provide for outdoor living and service functions. Usable outdoor areas may overlap or be part of required protective slopes around buildings. The area may be a single area or several adjacent or separate subareas. The maximum grade for usable areas shall be five (5) percent. Usable area may include any driveway, patio, or other paved surface, but shall not include the footprint of the primary structure. The City Council may waive this requirement in its entirety or on a lot-by-lot basis as part of a Preliminary or Final Development Plan, Preliminary Subdivision, or Record Plat.

7. Other Lot Areas.

a. The minimum gradient for other lot areas shall comply with subsection 7 hereof, unless lesser gradients are shown on exhibits accepted by the City prior to any building construction activity, including grading and/or clearing. To be acceptable, the lesser gradient must be adequate to drain the area without having a detrimental effect upon buildings or upon essential lot usage and improvements. Conditions which would result in prolonged standing of water at any season are not acceptable. Where surface water disposal is proposed by infiltration into the ground, technical exhibits, such as soil gradation analyses and/or infiltration tests, may be required.

b. The maximum gradient, unless slopes are to be held by satisfactory existing or planned vegetation, rock outcroppings or brick, rock or concrete walls, shall be limited as follows:

i. If the vertical height of slope is 30 inches or less, the maximum gradient shall be one and one-half feet horizontal to one foot vertical.

ii. For slopes with a vertical height of over 30 inches, the maximum gradient shall be two feet horizontally to one foot vertically.

iii. Slopes of over 1 1/2 feet to 1 foot with only grass planned as the retaining vegetation shall not be permitted.

c. Tops and bottoms of banks at swales, terraces, etc., shall be rounded for convenient maintenance.

8. Rough Grading

a. Preservation of Trees and Shrubs. Natural site assets, such as existing trees, shrubs, ground cover and top soil, shall be preserved and protected whenever practicable, provided that retention of such items does not interfere with the drainage plan of the area.

b. Compliance with Drainage Plans and Plot Plans; Subgrades. The balance of the lot shall be graded to comply with the grading indicated on the drainage plan and the plot plan submitted for a building permit. The subgrade shall be established by cut and fill, approximately parallel to the finish gradients and at an elevation to allow for sod and other installations.

c. Filled Areas

i. Filled areas under and fifteen feet beyond buildings and other structures shall be compacted to meet the requirements of the 2006 Residential Code of Ohio (RCO) One and Two Family Dwelling Code, as adopted in Section of the Building and Housing Code and the OBC, Ohio Commercial Code.

ii. For the balance of the area involved, all surface debris detrimental to lot improvements shall be removed.

iii. Tree stumps eighteen inches below finished grade shall be removed and cut down.

iv. Original ground exceeding a one to three slope shall be scarified and benched if it is to receive fill, in order to prevent slippage of the fill.

v. Fill material shall be reasonably free of debris or other material detrimental to the lot for the first three feet below the finished grade and shall have reasonable moisture content when placed. Fill in the vicinity of future drainage structures shall be compacted to avoid later settling and damage to the structures.

vi. Fills having a depth of over sixty inches shall be constructed in accordance with standard engineering practices.

9. Finish Grading

a. Lot areas shall be finish graded to the extent necessary to make the entire lot comply with the preceding standards of this chapter.

b. The subsoil shall be smoothed parallel to the finished grade elevations and scarified where necessary to secure bond with the surface soil or sod.

c. Where installation of a lawn or planting is required, the surface soil shall be workable, suitable for the support of plant life and free of large stones and other debris detrimental to plant life. For other areas the soil shall be as provided above or shall be soil which the property owner can improve to a comparable quality without difficult or expensive work.

d. Surface soil shall be soil capable of sustaining plant life.

e. Surface soil shall be spread uniformly to provide a smooth even surface.

f. Surface soil shall be compacted lightly to minimize settlement.

E. Erosion Control: Lawns and Ground Cover

1. Intent. Lawns and ground cover shall be provided:

a. To prevent erosion; and

b. Where required, to make yards usable.

2. Required Areas. Appropriate vegetative cover shall be provided for the following areas as follows:

a. On swales, as follows:

i. Where the gradient exceeds five-eighths of an inch per foot, five percent.

ii. Minimum width: 4 feet. (See Section 9.35, Storm water and Drainage Standards)

b. On slopes where the gradient exceeds 4 feet horizontally to one foot vertically.

c. On other areas from the street roadway to a point 15 feet behind the building, or as agreed between the builder and purchaser. Planting in undisturbed areas may be omitted when suitable existing vegetation is present to prevent erosion.

3. Materials

a. Lawn materials and ground cover shall be appropriate for the expected use and suitable to the local climate, soil conditions and exposure.

b. Seed quality shall have a minimum purity of 85 percent, a minimum germination of 80 percent and a weed content not exceeding a maximum of one-half of one percent. The seed mixture shall be not less than 85 percent, by weight, of permanent grass, and 15 percent, by weight, of annual grass.

c. Sod shall be fresh cut, taken from a thick stand of permanent lawn grass, reasonably free from weeds and coarse grass. It shall be at least one and one-half inches thick, totally, uniform in thickness and cut in strips.

4. Installation. Installation of lawns and ground cover shall be as follows:

a. See Section 9.35, D, 11 for finish grading

b. The seed or plant bed shall be prepared by scarifying the surface lightly

c. Seed shall be broadcasted as recommended by the producer, but at a rate of not less than four pounds per 1,000 square feet. The seeded ground shall be rolled with a light roller and watered thoroughly with a fine spray.

d. Sod shall be laid in strips, avoiding wide joints. On slopes, sod laying shall be started at the bottom parallel to the contour of the slope. Sod shall be rolled with a light roller and watered thoroughly.

e. Ground cover shall be planted to provide a dense mat at maturity.

f. Lawns and ground cover shall be installed only during appropriate seasons and favorable weather and with suitable soil conditions.

g. Lawns and ground cover shall be watered, replanted and maintained as necessary until possession is taken by the owner.

Figure 9.8 Lot Grading Plan

F. Storm Water Runoff Control Standards (Ord. 7-18)

1. In general, drainage systems shall be designed according to locally accepted design practices and sound engineering judgment and shall conform to the following:

a. Storm sewer design shall be sufficient to convey the design storm discharge with an average recurrence interval of 10 years so that the pipe flowing full condition (hydraulic grade line at the top of the pipe) is not extended. The 25-year storm hydraulic grade line shall not exceed the proposed ground elevation. The 100-year storm shall be contained on-site via an overland flow path through the on-site detention basin.

b. Storm sewer design shall be submitted to the City in ODOT CDSS format, or a pre-approved alternate commercially-available software, for the10-, 25-, and 100-year storms.

c. Lot grading, in-tract drainage and street improvements for all subdivisions shall be designed so that floods having an average recurrence interval of 100 years or less will not cause inundation or damage to any dwellings. A grading plan for each subdivision will be required to define the lot grading and in-tract drainage. All developments within areas of special flood hazard or delineated on the official National Flood Insurance Program Flood Insurance Rate Maps, or as determined by the City, shall comply with FEMA design requirements.

d. All drainage channels, conduits and other structures located outside the road right-of-way designed to convey public storm runoff (off-site runoff) should be contained in suitable public easements. Easements for open channels shall include sufficient area along the channel banks to permit access for maintenance equipment. Open channels may be fenced along both sides through urban areas where it is necessary to protect the public as well as to prevent encroachment upon needed access areas.

2. Areas adjacent to open drainageways and ponds shall be graded to preclude the entrance of storm water, except at planned locations. Where retention/detention areas are located on the project periphery, the developer may be required to provide additional landscaping or screening to adequately protect abutting properties.

3. Each development shall provide for the on-site or off-site detention of excess storm water runoff resulting from that development. For the purpose of this section, "excess storm water runoff" shall include all increases in storm water peak flows and volume resulting from an increase in the impervious surface of the site, including all additions of buildings, roads and parking lots; changes in soil absorption caused by compaction during development; modifications in contours, including the filling or draining of small depression areas, alterations of drainageways or regrading of slopes; destruction of forests; the alteration of drainageways or the installation of collection systems to intercept street flows or to replace swales or other drainageways; or the alteration of subsurface flows, including any groundwater dewatering or diversion practices, such as curtain drains, compared with the site in its natural state.

4. Any foreseeable increase in rates and volume of site surface drainage water runoff caused by site development shall be controlled so that the post-development peak rate of runoff does not exceed that of the predevelopment one-year frequency storm for all twenty-four hour storms between a one-year frequency and the critical storm frequency as determined below. A recommended method which may be used to determine changes in rates and volumes of runoff is presented in the U.S. Department of Agriculture, Engineering Division of the Soil Conservation Service (SCS), Urban Hydrology for Small Watersheds, Technical Release No. 55 (Washington, D.C.: USDA, June, 1986), and the Ohio Supplement (April, 1981). To find the critical storm frequency for which additional control will be needed:

a. The percent increase in runoff volume for a one-year frequency, twenty-four hour storm, shall be determined; and

b. The critical storm frequency for which additional control is needed shall be determined by using the percent increase in runoff volume, derived in paragraph thereof, in the Table 9.12 below:

Table 9.12 Critical Storm Frequency

Percent Increase in Runoff Volume From a One-Year Frequency, 24 Hour Storm		Critical Storm Frequency (yrs.)
Equal to or Greater Than:	Less Than:	Critical Storm Frequency (yrs.)
-	10	1
10	20	2
20	50	5
50	100	10
100	250	25
250	500	50
500	-	100

5. Storms of less frequent occurrence (longer return period) than the critical storm shall have a peak rate of runoff not greater than for the same storm under predevelopment conditions. For example, if the total volume is shown to be increased by thirty-five percent, the critical storm is a five-year storm. The peak rate of runoff for all storms up to this intensity shall be controlled so as not to exceed the peak rate of runoff from a one-year frequency storm under predevelopment conditions in the area. The runoff from a more intense storm need only be controlled so as not to exceed the predevelopment peak rate from the same frequency of storm.

6. The intent of subsections (4) and (5) above will be met if the criteria are fulfilled for the one, two, five, twenty-five, fifty and 100-year storms.

7. All detention facilities and improvements required by this section shall comply with the following regulations:

a. Access easements. An access easement shall be provided to all detention facilities from the nearest public road so that such facilities are accessible in case emergency maintenance work is required. The minimum easement width will be 10 feet.

b. Storage volumes. Storage may be provided by wet or dry bottom basins or reservoirs.

c. Maximum depth. The maximum planned depth of storm water detained shall be 5 feet, unless site conditions lend themselves to greater depths.

d. Outlet control structures. Outlet control structures shall be designed as simply as possible and shall operate automatically. They will be designed to limit discharges into existing or planned downstream channels or conduits so as not to exceed the existing flow from the site in its natural condition or as further controlled in Section 9.35(F)(4).

e. Spillways. Emergency overflow facilities shall be provided unless inflow is controlled to divert flows when the basin is at capacity. The spillway shall safely discharge the detention basin overflow without damage to the detention basin. A minimum of one foot freeboard shall be provided for the 100-year twenty-four hour storm event.

f. Dry bottom basins. For basins designed without permanent pools, the following provisions shall apply:

i. Interior drainage. Provision must be made to facilitate interior drainage, including the provision of natural grades to outlet structures, longitudinal and transverse grades to perimeter drainage facilities or the installation of subsurface drains.

ii. Multipurpose features. These may be designed to serve secondary purposes for recreation, open space or other types of use which will not be adversely affected by occasional or intermittent flooding.

iii. Cleaning. The basins shall be designed for periodic cleaning and removal of sediments, which shall be removed from the site or otherwise disposed of in an appropriate manner.

g. Wet basins. For basins designed with permanent pools, the following provisions shall apply:

i. Depth for fish. If fish are used to help keep the basin clean, at least one-quarter of the area of the permanent pool must have a minimum depth of ten feet.

ii. Facilities for emptying. For emergency purposes, cleaning or shoreline maintenance, facilities shall be provided or plans prepared for the use of auxiliary equipment to permit emptying and drainage.

iii. Pollution abatement. Aeration facilities may be required when the quality of the influent and detention time would result in a lowering of dissolved oxygen content in the basin.

iv. Slopes. Approach slopes shall be at least six to one, but not more than three to one, and shall be at least four to six feet wide and slope gently toward the basin. The side slopes shall be of non-erosive material with a slope of one to one or flatter. The ledge shall be four to six feet wide and slope gently toward the shore to prevent people or objects from sliding into deep water. There shall be a freeboard of twelve to eighteen inches above the high-water elevation on all retention basins. Alternative designs for side slopes may be considered under special circumstances where good engineering practice is demonstrated.

v. Cleaning. The basins shall be designed to include sediment traps in all inlets. Sediment traps shall be designed to permit periodic cleaning and maintenance. A basin maintenance plan shall be developed to insure that the design depths of the basin will remain over time.

Figure 9.9 Lot Stormwater Drainage Plan

h. Building regulations.

i. Parking lot storage. Paved parking lots may be designed to provide temporary detention storage of storm water on a portion of their surfaces. Outlets shall be designed to empty the stored waters slowly, and depths of storage must be limited so as to prevent damage to parked vehicles, and storage areas shall be posted with warning signs.

ii. Detention storage. All or a portion of the detention storage may also be provided in underground detention facilities, provided that they meet the design regulations of Section 9.35, F, 7, b and c.

iii. Off-site easements. Off-site easements for storm water management facilities will be required when either of the following conditions exists:

1) The discharge is into any man-made facility for which the City does not have either a drainage easement or right-of-way.

2) The discharge is into a natural system such that the rate or character (i.e. sheet flow versus concentrated flow) of the flow at the property line has been changed. The easement will be required to a point at which natural conditions are duplicated.

iv. Design criteria for off-site drainage. Off-site areas which drain to or across a site proposed for development must be accommodated in the storm water management plans for the development. The storm water management system for the development must be capable of transporting existing off-site flows through or around the development without increasing stages or flows upstream or downstream of the development. The estimation of the off-site flows must be done separately from the estimation of on-site pre- and post-development flows (i.e. separate off-site and on-site hydrographs must be computed due to the typically significant differences in land use characteristics).

v. Alternatives to detention or retention ponds. For sites containing less than 10,000 square feet of total impervious surface, alternatives to detention or retention ponds that utilize landscaped buffers and swale drainage as a means of attenuating the rate of runoff are encouraged, provided that it can be shown that applicable design and performance criteria are met.

vi. Protection of detention and retention facilities from erosion. Measures shall be taken to protect the embankment of detention and retention facilities from erosion and provide a definitive protective flow path downstream of the facility.

G. Off-Site Drainage Facilities

1. The City may allow or require surface water runoff to be discharged into drainage facilities off the site of development if all of the following conditions are met:

a. The drainage facilities are constructed and maintained in accordance with the requirements of this chapter.

b. Adequate provision is made for acquisition, construction and operating costs of the off-site drainage facilities.

c. A request to use these drainage facilities and all information relating to these proposed drainage facilities is made a part of the developer's application.

2. The City may allow or require payment of a fee for redevelopment activities in lieu of constructing a detention or retention facility as specified in Section 9.35, F. Payment received in lieu of redevelopment detention or retention shall be used for storm water improvement projects, including the establishment of regional detention systems. The fee shall be based on an amount per square foot of impervious surface (on-site).

3. Whenever deemed practical, necessary and in the public interest, the City may acquire land and construct these drainage facilities, and, to the greatest extent possible, the fees and charges for such facilities shall be sufficient to cover all costs associated therewith and such facilities shall be self-supporting.

H. Soil Erosion and Sedimentation Control Plan

1. In order to prevent both soil erosion and sedimentation, a soil erosion and sedimentation control plan shall be required whenever a development will involve any clearing, grading, transporting or other form of disturbing the land by the movement of earth. The requirements promulgated by the Ohio Environmental Protection Agency (OEPA) in Permit No. OHC000004 (or most recent revision) are to be satisfied in a Stormwater and Pollution Prevention Plan (SWPPP). (Ord. 17-14)

2. Sediment deposition caused by accelerated storm water runoff over a development site or by accelerated erosion due to the sloughing or sliding of surface soil that has been exposed by grading, dumping, stockpiling or any other excavation-related earth disturbances shall be retarded and confined to within the boundaries of the development site.

3. The accumulative monthly predicted amounts of gross soil loss anticipated from sheet and rill erosion shall be abated to within an average annual rate of fifteen tons per acre during the first year, ten tons per acre for any year thereafter of site development activities and to within five tons per acre per year after site development is completed. The Universal Soil Loss Equation, as referenced in the U.S. Department of Agriculture, Soil Conservation Service (SCS), Water Management and Sediment Control for Urbanizing Areas, (Washington, D.C.: U.S. Government Printing Office, June, 1978), or other approved methods, shall be used to predict average annual rates of gross soil loss by month from a development site.

4. Specifically, the following protection shall be provided for all disturbed areas: minimize velocities of water runoff, maximize protection of disturbed areas from storm water runoff and retain sedimentation within the development site as early as possible following disturbances. A list of major problem areas for erosion and sedimentation control follows. For each one, the purpose of requiring control is described. Soil erosion and sedimentation control measures for all such areas shall be provided with a view toward achieving the specific purpose listed below for which a control plan is required:

a. Erodible slopes: prevent detachment and transportation of soil particles from such slopes.

b. Streams, streambeds, streambanks, bodies of water, lake shorelines: prevent detachment and transportation of soil particles.

c. Drainageways: prevent detachment and transportation of soil particles (which would otherwise deposit in streams, bodies of water or wetlands); promote deposit of sediment loads (traversing these areas) before they reach bodies of water.

d. Land adjacent to streams, ponds, lakes and wetlands: prevent detachment and transportation of soil particles.

e. Enclosed drainage structures: prevent sedimentation in a structure, erosion at the outfall of the system and the deposit of sediment loads within the system or beyond it.

f. Large flat surface areas (unpaved): prevent detachment of soil particles and their off-site transportation.

g. Pervious surfaces: prevent the detachment and transportation of soil (in response to an increase in the rate and/or volume of runoff of the site or its concentration caused by impervious surfaces).

h. Borrow and stockpile areas: divert runoff from the face of slopes which are exposed in the excavation process; convey runoff in stabilized channels to stable disposal points; and leave borrow areas and stockpiles in stable condition.

i. Adjacent properties: prevent their erosion and/or the deposit thereon of sediment.

I. Runoff Control and Sediment Abatement Plans

1. Any person seeking approval of a development proposal shall:

a. Submit a SWPPP per the requirements and recommendations of the OEPA Permit No. OHC000004 (or most recent revision) and the Rainwater Development Manual; (Ord. 17-14)

b. Provide mapped information about the location and vicinity of the area proposed for development;

c. Furnish the following three types of information and maps about the proposed land development and site location:

i. An existing characteristics inventory;

ii. A predevelopment conditions assessment; and

iii. An abatement control plan.

d. Minor additions to existing facilities may be exempted from this requirement by the City Engineer.

2. Specifically, all proposed land developments shall have plans or maps of an appropriate scale that depict existing and proposed improvements, including, but not limited to:

a. Structures, streets, sidewalks, driveways, parking lots, storm drainage systems and appurtenances, utilities, poles, etc.

b. Elevations, contour lines, inverts of sewers and drainage facilities, etc.

c. The location of the boundary of the 100-year flood plain.

3. Runoff control and sediment abatement plan content requirements shall be as follows:

a. A runoff control and sediment abatement plan shall identify how accelerated surface water runoff, increased erosion and sediment deposition induced by site development are to be controlled to within the abatement standards set forth in Section 9.35, F and Section 9.35, H. The developer's engineer shall include in the construction plans a master drainage map showing all existing and proposed features. The map is to be prepared on a twenty-four inch by thirty-six inch sheet on a scale not to exceed one inch equals 100 feet. Listed below are the features that are to be included on the drainage map:

i. Drainage boundaries, including all areas draining to the proposed subdivision or development.

ii. Sufficient topographical information with elevations to verify the location of all ridges, streams, etc.

iii. High water data on existing structures upstream and downstream for the subdivision.

iv. Notes indicating sources of high water data.

v. Notes pertaining to existing standing water areas of heavy seepage, springs, wetlands, streams, etc.

vi. Existing drainage features (ditches, roadways, ponds, etc.). Existing drainage features are to be shown a minimum of 1,000 feet downstream of the proposed development unless the ultimate outfall system is a lesser distance.

vii. Subdivision layouts with horizontal and vertical controls, showing proposed structures with minimum pad elevations.

viii. Proposed drainage features, including locations of inlets, swales, open drainageways, ponding areas, storm sewers, culverts, etc.

ix. Delineation of drainage sub-areas.

x. Retention/detention areas and ingress/egress areas for retention/detention facilities.

xi. The general type of soils (obtained from the soil survey of Montgomery or Greene County).

xii. Ten, twenty-five and 100-year flood elevations for any areas in or within 100 feet of the property. The source of these elevations shall also be shown on the plans.

xiii. A description of current ground cover and/or land use.

b. All proposed drainage features and runoff controls are to be designed in accordance with methods and techniques set forth in the City's Design Manual.

c. A runoff control and sediment abatement plan shall be comprised of, but not limited to, the following information:

i. A map rendered on the base which indicates the number, types, dimensions and locations of all runoff, erosion or sediment control devices to be utilized either temporarily or permanently on a development site;

ii. All pertinent computations made to arrive at the final dimensions of each control device, along with plan and section view drawings of the same rendered at an appropriate design scale to be agreed upon between the applicant and the City Engineer; and

iii. Schedules detailing the timing for the installation and maintenance of each control device.

d. The runoff control and sediment abatement plan shall be prepared by or under the direct supervision of a registered civil engineer.

e. The applicant is to develop and comply with a maintenance plan that: (Ord. 17-14)

i. Designates an entity for stormwater inspection and maintenance responsibilities;

ii. Describes the routine and non-routine maintenance tasks to be undertaken;

iii. Puts forth a schedule for inspection and maintenance;

iv. Specifies any necessary legal binding maintenance easements and agreements;

v. Includes a map showing all access and maintenance easements; and

vi. Specifies that pollutants collected within structural post-construction practices be disposed of in accordance with local, state, and federal regulations.

J. Liabilities and Responsibilities; Enforcement; Privately Owned Installations.

1. Performance Liability. No provision of this chapter shall limit, increase or otherwise affect the liabilities of the permitted or impose any liability upon the City not otherwise imposed by law.

2. Responsibilities of Permitee during Site Development. During site development, a permitee is responsible for:

a. Carrying out all provisions according to approved plans and as required by this chapter;

b. Promptly removing all soil, miscellaneous debris or other materials that may become spilled, dumped or otherwise deposited on any public thoroughfares;

c. Taking precautions to inhibit the deposition of sediment into any sewer system or natural watercourse; and

d. Providing a bond (cash or performance) for sweeping of public streets within the vicinity of the site development in an amount determined by the City Engineer. (Ord. 17-16)

3. Inspections; Enforcement; Stop-Work Order.

a. The developer's engineer shall be required to inspect all drainage facilities under construction and certify their compliance with approved plans, and, in addition, the City may inspect all drainage facilities while under construction. When facilities are not constructed according to approved plans, the City has the explicit authority to compel compliance and require correction of any situations which are not according to the approved plans.

b. Site development operations shall be subject to inspections by the City to determine whether a site development plan is being implemented in compliance with the provisions of this chapter and any plan approval conditions. The applicant shall arrange with the Building Inspection Department for the scheduling of inspections to ensure effective control of erosion and sedimentation and to ensure that all drainage facilities are being completed in accordance to the approved storm water management plan. Prior to final inspection, the developer's engineer shall provide as-built plans of the detention facilities and outlet control structures, documenting facilities that are constructed substantially in accordance with approved plans.

c. After each inspection the inspector shall complete a site development status report. If the inspector finds that operations are being conducted by a permittee in violation of an approved plan or provisions of this chapter, a stop-work order may be issued at that time.

4. Privately Owned Installations.

a. Design, Inspection and Maintenance. Permanent runoff control and sediment abatement installations which are to be privately owned and maintained by an individual or group of property owners shall be:

i. Designed and constructed by the permittee with easements sufficient to allow adequate access for inspections, maintenance and corrective actions, if necessary, by the City.

ii. Inspected as needed by the City to ensure that privately-owned installations are being properly maintained. If not, the City may compel the owners to make the necessary repairs at the expense of the owner.

iii. Maintained as installed by the permitted according to the approved design and not altered unless such alteration is approved by the City.

b. Legal/Operation Entity Requirements.

i. Acceptable entities. The City considers the following entities acceptable to operate and maintain runoff and sediment control facilities:

1) The City; and

2) Non-profit corporations, including homeowners' associations, property owners' associations, condominium owners' associations or master associations.

ii. The property owner or developer is normally not acceptable as a responsible entity, especially when the property is to be sold to various third parties. However, the property owner or developer may be acceptable under one of the following circumstances:

1) The property is wholly owned by said property owner or developer and is intended to be so retained. This would apply to a farm, corporate office or single industrial facility for example.

2) The ownership of the property is retained by the owner or developer and is either leased to third parties, such as in some shopping centers, or rented to third parties, such as in some mobile home parks for example. To satisfy this requirement, the owner or developer must provide written documentation.

iii. Association requirements.

1) If a homeowners' or property owners' association or master application is proposed, the developer must submit the articles of incorporation for the association and the declaration of protective covenants or deed restrictions, as well as a reference map if such is referred to in the documents. After these are approved, the developer must furnish the certificate of incorporation and the recording information (official book and page number) for the declaration.

2) If a condominium association is proposed, the developer must supply the articles of incorporation for the condominium association and the declaration of condominium. After the documents are approved by the City, including stormwater management plan, it will be necessary for the developer to forward a copy of the letter from the County Recorder's Office stating that the documents are proper for filing. The association, be it either a non-profit association or a condominium association, must comply with the applicable provisions of State law.

3) The association must have the following general powers which are reflected in the articles of incorporation:

a. Own and convey property.

b. Operate and maintain common property, specifically the surface water management system as permitted by the City, including all lakes, retention areas, culverts and related appurtenances.

c. Establish rules and regulations.

d. Assess members and enforce said assessments.

e. Sue and be sued.

f. Contract for services (if the association contemplates employing a maintenance company) to provide the services for operation and maintenance.

g. Have as members all the homeowners, lot owners, property owners or unit owners.

h. Exist in perpetuity. However, if the association is dissolved, the articles of incorporation must provide that the property consisting of the surface water management system shall be conveyed to an appropriate agency of local government. If it is not accepted, then the surface water management system must be dedicated to a similar non-profit corporation.

i. All other powers necessary for the purposes for which the association is organized.

iv. The declaration of protective covenants, deed restrictions or declaration of condominium must set forth the following:

1) That it is the responsibility of the association to operate and maintain the surface water management system.

2) That the surface water management system is owned by the association or described therein as common property.

3) That there is a method of assessing and collecting the assessment for the operation and maintenance of the surface water management system.

4) That any amendment which would affect the surface water management system, including the water management portions of the common areas, must have the prior approval of the City.

5) That the declaration of protective covenants be in effect for at least twenty-five years with automatic renewal periods thereafter.

v. If the documents are not submitted with the original application, they must be submitted and approved prior to construction. It is advised that the documents be submitted prior to recording to allow comment by the Law Director. Modification of these requirements can only be based upon: (26-24)

1) Intervening local government requirements of a more stringent nature, such as the requirement of a maintenance agreement and posting of bond by the developer.

2) The uniqueness of the project requiring an alternative entity. Such alternative entity must be evaluated upon an individual basis with any and all necessary agreements or easements in effect before approval will be given.

9.37 Floodplain Design Standards

A. Purpose

It is the purpose of these regulations to promote the public health, safety and general welfare, and to:

1. Protect human life and health;

2. Minimize expenditure of public money for costly flood control projects;

3. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

4. Minimize prolonged business interruptions;

5. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;

6. Help maintain a stable tax base by providing for the proper use and development of areas of special flood hazard so as to protect property and minimize future flood blight areas;

7. Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions;

8. Minimize the impact of development on adjacent properties within and near flood prone areas;

9. Ensure that the flood storage and conveyance functions of the floodplain are maintained;

10. Minimize the impact of development on the natural, beneficial values of the floodplain;

11. Prevent floodplain uses that are either hazardous or environmentally incompatible; and

12. Meet community participation requirements of the National Flood Insurance Program.

B. Methods of Reducing Flood Loss

In order to accomplish its purposes, these regulations include methods and provisions for:

1. Restricting or prohibiting uses which are dangerous to health, safety, and property due to water hazards, or which result in damaging increases in flood heights or velocities;

2. Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

3. Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;

4. Controlling filling, grading, dredging, excavating, and other development which may increase flood damage; and,

5. Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.

C. Lands to Which Regulations Apply

These regulations shall apply to all areas of special flood hazard within the jurisdiction of the City of Centerville as identified in Section 9.37, D, including any additional areas of special flood hazard annexed by the City of Centerville.

D. Basis for Establishing the Areas of Special Flood Hazard

For the purposes of these regulations, the following studies and/or maps are adopted: (Ord. 03-22)

1. Flood Insurance Study, Greene County, Ohio and Incorporated Areas, and Flood Insurance Rate Map, Greene County, Ohio and Incorporated Areas, both effective March 8, 2022.

2. Flood Insurance Study, Montgomery County, Ohio and Incorporated Areas, and Flood Insurance Rate Map, Montgomery County, Ohio and Incorporated Areas, both effective March 17, 2011.

3. Other studies and/or maps, which may be relied upon for establishment of the flood protection elevation, delineation of the 100-year floodplain, floodways or delineation of other areas of special flood hazard.

4. Any hydrologic and hydraulic engineering analysis authored by a registered Professional Engineer in the State of Ohio which has been approved by the City of Centerville as required by Section 9.37 V.3. Subdivisions and Other New Developments.

5. Any revisions to the aforementioned maps and/or studies are hereby adopted by reference and declared to be a part of these regulations. Such maps and/or studies are on file at the City of Centerville Public Works Office located at 7970 S Suburban Road, Centerville, OH 45458.

E. Abrogation and Greater Restrictions

These regulations are not intended to repeal any existing ordinances including subdivision regulations, zoning or building codes. In the event of a conflict between these regulations and any other ordinance, the more restrictive shall be followed. These regulations are not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this ordinance and another ordinance, easement, covenant or deed restriction conflict or overlap, the more stringent restrictions shall prevail. (Ord. 03-22)

F. Interpretation

In the interpretation and application of these regulations, all provisions shall be:

1. Considered as minimum requirements;

2. Liberally construed in favor of the governing body; and,

3. Deemed neither to limit nor repeal any other powers granted under state statutes.

Where a provision of these regulations may be in conflict with a state or federal law, such state or federal law shall take precedence over these regulations. (Ord. 03-22)

G. Warning and Disclaimer of Liability

The degree of flood protection required by these regulations is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man made or natural causes. These regulations do not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damage. These regulations shall not create liability on the part of the City of Centerville, any officer or employee thereof, or the Federal Emergency Management Agency (FEMA), for any flood damage that results from reliance on these regulations or any administrative decision lawfully made thereunder.

H. Designation of the Floodplain Administrator

The City Engineer is hereby appointed to administer and implement these regulations and is referred to herein as the Floodplain Administrator.

I. Duties and Responsibilities of the Floodplain Administrator

The duties and responsibilities of the Floodplain Administrator shall include but are not limited to:

1. Evaluate applications for permits to develop in special flood hazard areas.

2. Interpret floodplain boundaries and provide flood hazard and flood protection elevation information.

3. Issue permits to develop in special flood hazard areas when the provisions of these regulations have been met, or refuse to issue the same in the event of noncompliance.

4. Inspect buildings and lands to determine whether any violations of these regulations have been committed.

5. Make and permanently keep all records for public inspection necessary for the administration of these regulations including Flood Insurance Rate Maps, Letters of Map Amendment and Revision, records of issuance and denial of permits to develop in special flood hazard areas, determinations of whether development is in or out of special flood hazard areas for the purpose of issuing floodplain development permits, elevation certificates, floodproofing certificates, variances, and records of enforcement actions taken for violations of these regulations. (Ord. 03-22)

6. Enforce the provisions of these regulations.

7. Provide information, testimony, or other evidence as needed during variance hearings.

8. Coordinate map maintenance activities and FEMA follow up.

9. Conduct substantial damage determinations to determine whether existing structures, damaged from any source and in special flood hazard areas identified by FEMA, must meet the development standards of these regulations.

J. Floodplain Development Permits

It shall be unlawful for any person to begin construction or other development activity including but not limited to filling; grading; construction; alteration, remodeling, or expanding any structure; or alteration of any watercourse wholly within, partially within or in contact with any identified special flood hazard area, as established in Section 9.37, D until a floodplain development permit is obtained from the Floodplain Administrator. Such floodplain development permit shall show that the proposed development activity is in conformity with the provisions of these regulations. No such permit shall be issued by the Floodplain Administrator until the requirements of these regulations have been met.

K. Application Required

An application for a floodplain development permit shall be required for all development activities located wholly within, partially within, or in contact with an identified special flood hazard area. Such application shall be made by the owner of the property or his or her authorized agent, herein referred to as the applicant, prior to the actual commencement of such construction on a form furnished for that purpose. Where it is unclear whether a development site is in a special flood hazard area, the Floodplain Administrator may require an application for a floodplain development permit to determine the development's location. Such applications shall include, but not be limited to: (Ord. 03-22)

1. Site plans drawn to scale showing the nature, location, dimensions, and topography of the area in question; the location of existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing.

2. Elevation of the existing, natural ground where structures are proposed.

3. Elevation of the lowest floor, including basement, of all proposed structures.

4. Such other material and information as may be requested by the Floodplain Administrator to determine conformance with, and provide enforcement of these regulations.

5. Technical analyses conducted by the appropriate design professional registered in the State of Ohio and submitted with an application for a floodplain development permit when applicable:

a. Floodproofing certification for non residential floodproofed structure as required in Section 9.37, V, 5.

b. Certification that fully enclosed areas below the lowest floor of a structure not meeting the design requirements of Section 9.37, V, 4 e are designed to automatically equalize hydrostatic flood forces.

c. Description of any watercourse alteration or relocation that the flood carrying capacity of the watercourse will not be diminished, and maintenance assurances as required in Section 9.37, V, 9 c.

d. A hydrologic and hydraulic analysis demonstrating that the cumulative effect of proposed development, when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood by more than one foot in special flood hazard areas where the Federal Emergency Management Agency has provided base flood elevations but no floodway as required by Section 9.37, V, 9, b.

e. A hydrologic and hydraulic engineering analysis showing impact of any development on flood heights in an identified floodway as required by Section 9.37, V, 9, a.

f. Generation of base flood elevation(s) for subdivision and other new developments as required by Section 9.37, V, 3.

6. A Floodplain Development Permit Application Fee set by the Schedule of Fees adopted by the City of Centerville.

L. Review and Approval of a Floodplain Development Permits Application

1. Review

a. After receipt of a complete application, the Floodplain Administrator shall review the application to ensure that the standards of these regulations have been met. No floodplain development permit application shall be reviewed until all information required in Section 9.37, K has been received by the Floodplain Administrator.

b. The Floodplain Administrator shall review all floodplain development permit applications to assure that all necessary permits have been received from those federal, state or local governmental agencies from which prior approval is required. The applicant shall be responsible for obtaining such permits as required including permits issued by the U.S. Army Corps of Engineers under Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act, and the

Ohio Environmental Protection Agency under Section 401 of the Clean Water Act.

2. Approval

Within 30 days after the receipt of a complete application, the Floodplain Administrator shall either approve or disapprove the application. If an application is approved, a floodplain development permit shall be issued. All floodplain development permits shall be conditional upon the commencement of work within 180 days. A floodplain development permit shall expire 180 days after issuance unless the permitted activity has commenced and is thereafter pursued to completion. (Ord. 03-22)

M. Inspections

The Floodplain Administrator shall make periodic inspections at appropriate times throughout the period of construction in order to monitor compliance with permit conditions.

N. Post-Construction Certifications Required

The following as built certifications are required after a floodplain development permit has been issued: (Ord. 03-22)

1. For new or substantially improved residential structures, or nonresidential structures that have been elevated, the applicant shall have a Federal Emergency Management Agency Elevation Certificate completed by a registered surveyor to record as built elevation data. For elevated structures in Zone A and Zone AO areas without a base flood elevation, the elevation certificate may be completed by the property owner or owner's representative.

2. For all development activities subject to the standards of Section 9.37, R, 1, a letter of map revision.

3. For new or substantially improved nonresidential structures that have been floodproofed in lieu of elevation, where allowed, the applicant shall supply a completed Floodproofing Certificate for Non-Residential Structures completed by a registered professional engineer or architect together with associated documentation.

O. Revoking a Floodplain Development Permit

A floodplain development permit shall be revocable, if among other things, the actual development activity does not conform to the terms of the application and permit granted thereon. In the event of the revocation of a permit, an appeal may be taken as provided in Section 5.19, Appeal Procedure of this UDO.

P. Exemption from Filing a Development Permit (Ord. 03-22)

An application for a Zoning Certificate for a floodplain development shall not be required for maintenance work such as roofing, painting, and basement sealing, or for small nonstructural development activities (except for filling and grading) valued at less than $2,500.

Q. State and Federal Development (Ord. 03-22)

1. Development that is funded, financed, undertaken, or preempted by state agencies shall comply with minimum NFIP criteria.

2. Before awarding funding or financing or granting a license, permit, or other authorization for a development that is or is to be located within a 100-year floodplain, a state agency shall require the applicant to demonstrate to the satisfaction of the agency that the development will comply with minimum NFIP criteria and any applicable local floodplain management resolution or ordinance as required by Ohio Revised Code Section 1521.13. This includes, but is not limited to:

a. Development activities in an existing or proposed manufactured home park that are under the authority of the Ohio Department of Commerce and subject to the flood damage reduction provisions of the Ohio Administrative Code Chapter 4781-12.

b. Major utility facilities permitted by the Ohio Power Siting Board under Chapter 4906 of the Ohio Revised Code.

c. Hazardous waste disposal facilities permitted by the Hazardous Waste Siting Board under Chapter 3734 of the Ohio Revised Code.

3. Development activities undertaken by a federal agency and which are subject to Federal Executive Order 11988 – Floodplain Management.

Each federal agency has a responsibility to evaluate the potential effects of any actions it may take in a floodplain; to ensure that its planning programs and budget request reflect consideration of flood hazards and floodplain management; and to prescribe procedures to implement the policies and requirements of Executive Order 11988.

R. Map Maintenance Activities

To meet National Flood Insurance Program minimum requirements to have flood data reviewed and approved by FEMA, and to ensure that City of Centerville flood maps, studies and other data identified in Section 9.37(D) accurately represent flooding conditions so appropriate floodplain management criteria are based on current data, the following map maintenance activities are identified:

1. Requirement to Submit New Technical Data.

a. For all development proposals that impact floodway delineations or base flood elevations, the community shall ensure that technical data reflecting such changes be submitted to FEMA within six (6) months of the date such information becomes available. These development proposals include:

i. Floodway encroachments that increase or decrease base flood elevations or alter floodway boundaries;

ii. Fill sites to be used for the placement of proposed structures where the applicant desires to remove the site from the special flood hazard area;

iii. Alteration of watercourses that result in a relocation or elimination of the special flood hazard area, including the placement of culverts; and

iv. Subdivision or other new scale development proposals requiring the establishment of base flood elevations in accordance with Section 9.37(V)3. (Ord. 03-22)

b. It is the responsibility of the applicant to have technical data, required in accordance with subsection (a) of this Section, prepared in a format required for a Conditional Letter of Map Revision or Letter of Map Revision, and submitted to FEMA. Submittal and processing fees for these map revisions shall be the responsibility of the applicant.

c. The Floodplain Administrator shall require a Conditional Letter of Map Revision prior to the issuance of a floodplain development permit for:

i. Proposed floodway encroachments that increase the base flood elevation; and

ii. Proposed development which increases the base flood elevation by more than one foot in areas where FEMA has provided base flood elevations but no floodway.

d. Floodplain development permits issued by the Floodplain Administrator shall be conditioned upon the applicant obtaining a Letter of Map Revision from FEMA for any development proposal subject to subsection (1)(a) of this Section.

e. The Floodplain Administrator shall require a performance bond from the applicant in an amount sufficient to cover all associated costs for the engineering work and application fees required to file a Letter of Map Change with FEMA. The bond amount will be returned when the Letter of Map Change has been issued to the applicant for the subject property. (Ord. 03-22)

2. Right to Submit New Technical Data. The Floodplain Administrator may request changes to any of the information shown on an effective map that does not impact floodplain or floodway delineations or base flood elevations, such as labeling or planimetric details. Such a submission shall include appropriate supporting documentation made in writing by the City Manager of the City of Centerville and may be submitted at any time.

3. Annexation/Detachment. Upon occurrence, the Floodplain Administrator shall notify FEMA in writing whenever the boundaries of the City of Centerville have been modified by annexation or the community has assumed authority over an area, or no longer has authority to adopt and enforce floodplain management regulations for a particular area. In order that the City of Centerville's Flood Insurance Rate Map accurately represents the City of Centerville boundaries, include within such notification a copy of a map of the City of Centerville suitable for reproduction, clearly showing the new corporate limits or the new area for which the City of Centerville has assumed or relinquished floodplain management regulatory authority.

S. Data Use and Flood Map Interpretation

The following guidelines shall apply to the use and interpretation of maps and other data showing areas of special flood hazard: (Ord. 3-22)

1. In areas where FEMA has not identified special flood hazard areas, or in FEMA identified special flood hazard areas where base flood elevation and floodway data have not been identified, the Floodplain Administrator shall review and reasonably utilize any other flood hazard data available from a federal, state, or other source.

2. Base flood elevations and floodway boundaries produced on FEMA flood maps and studies shall take precedence over base flood elevations and floodway boundaries by any other source that reflect a reduced floodway width and/or lower base flood elevations. Other sources of data, showing increased, base flood elevations and/or larger floodway areas than are shown on FEMA flood maps and studies, shall be reasonably used by the Floodplain Administrator.

3. The Floodplain Administrator shall make interpretations, where needed, as to the exact location of the flood boundaries and areas of special flood hazard. A person contesting the determination of the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 5.19, Appeal Procedure of this UDO.

4. Where an existing or proposed structure or other development is affected by multiple flood zones, by multiple base flood elevations, or both, the development activity must comply with the provisions of this ordinance applicable to the most restrictive flood zone and the highest base flood elevation affecting any part of the existing or proposed structure; or for other developments, affecting any part of the area of the development.

T. Substantial Damage Determinations

1. Damages to structures may result from a variety of causes including flood, tornado, wind, heavy snow, fire, etc. After such a damage event, the Floodplain Administrator shall:

a. Determine whether damaged structures are located in special flood hazard areas;

b. Conduct substantial damage determinations for damaged structures located in special flood hazard areas; and

c. Require owners of substantially damaged structures to obtain a floodplain development permit prior to repair, rehabilitation, or reconstruction. (Ord. 3-22)

2. Additionally, the Floodplain Administrator may implement other measures to assist with the substantial damage determination and subsequent repair process. These measures include issuing press releases, public service announcements, and other public information materials related to the flood plain development permits and repair of damaged structures; coordinating with other federal, state, and local agencies to assist with substantial damage determinations; providing owners of damaged structures materials and other information related to the proper repair of damaged structures in special flood hazard areas; and assist owners of substantially damaged structures with increased cost of compliance insurance claims.

U. Use of Preliminary Flood Insurance Rate Map and/or Flood Insurance Study Data (Ord. 3-22)

1. Zone A:

a. Within Zone A areas designated on an effective FIRM, data from the preliminary FIRM and/or FIS shall reasonably be utilized as best available data.

b. When all appeals have been resolved and a notice of final food elevation determination has been provided in a Letter of Final Determination (LFD), BFE and floodway data from the preliminary FIRM and/or FIS shall be used for regulating development.

2. Zones AE, A1-30, AH, and AO:

a. BFE and floodway data from a preliminary FIS or FIRM restudy are not required to be used in lieu of BFE and floodway data contained in an existing effective FIS and FIRM. However,

(1) Where BFEs increase in a restudied area, communities have the responsibility to ensure that new or substantially improved structures are protected. Communities are encouraged to reasonably utilize preliminary FIS or FIRM data in instances where BFEs increase and floodways are revised to ensure that the health, safety, and property of their citizens are protected.

(2) Where BFEs decrease, preliminary FIS or FIRM data should not be used to regulate floodplain development until the LFD has been issued or until all appeals have been resolved.

b. If a preliminary FIRM or FIS has designated floodways where none had previously existed, communities should reasonably utilize this data in lieu of applying the encroachment performance standard of Section V.9(b) since the data in the draft or preliminary FIS represents the best data available.

3. Zones B, C, and X:

Use of BFE and floodway data from a preliminary FIRM or FIS are not required for areas designated as Zone B, C, or X on the effective FIRM which are being revised to Zone AE, A1-30, AH, or AO. Communities are encouraged to reasonably utilize preliminary FIS or FIRM data to ensure that the health, safety, and property of their citizens are protected.

V. Use and Development Standards for Flood Hazard Reduction

The following use and development standards apply to development wholly within, partially within, or in contact with any special flood hazard area as established in Section 9.37(D), Section 9.37(S)(1), or Section 9.37(U). (Ord. 3-22)

1. Use regulations. (Ord. 03-22)

Permitted uses. All uses not otherwise prohibited in this section or any other applicable land use regulation adopted by the City of Centerville are allowed provided they meet the provisions of these regulations.

2. Water and wastewater systems

The following standards apply to all water supply, sanitary sewerage and waste disposal systems in the absence of any more restrictive standard provided under the Ohio Revised Code or applicable state rules: (Ord. 3-22)

a. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system;

b. New and replacement sanitary sewerage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the system into flood waters; and,

c. On site waste disposal systems shall be located to avoid impairment to or contamination from them during flooding.

3. Subdivisions and other new developments. (Ord. 3-22)

a. All subdivision proposals shall be consistent with the need to minimize flood damage and are subject to all applicable standards in these regulations;

b. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage;

c. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and

d. In all areas of special flood hazard where base flood elevation data are not available, the applicant shall provide a hydrologic and hydraulic engineering analysis that generates base flood elevations for all subdivision proposals and other proposed developments containing at least 50 lots or 5 acres, whichever is less.

e. The applicant shall meet the requirement to submit technical data to FEMA in Section 9.37, R, 1, a, (iv) when a hydrologic and hydraulic analysis is completed that generates base flood elevations as required by subsection d above.

4. Residential structures. (Ord. 03-22)

The requirements of this Section 9.37.V.4 apply to new construction of residential structures and to substantial improvements of residential structures in zones A, A1-30, AE, AO, and AH, when designated on the community’s effective FIRM, and when designated on a preliminary or final FIRM issued by FEMA under the circumstances provided in Section 9.37.U.

a. New construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Where a structure, including its foundation members, is elevated on fill to or above the base flood elevation, the requirements for anchoring (this subsection a) and construction materials resistant to flood damage (subsection b below) are satisfied.

b. New construction and substantial improvements shall be constructed with methods and materials resistant to flood damage.

c. New construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or elevated so as to prevent water from entering or accumulating within the components during conditions of flooding.

d. New construction and substantial improvement of any residential structure, including manufactured homes, shall have the lowest floor, including basement, elevated to the flood protection elevation. In Zone A areas with no base flood elevations specified, the structure shall have the lowest floor, including basement, elevated at least two feet above the highest adjacent natural grade.

e. New construction and substantial improvements, including manufactured homes, that do not have basements and that are elevated to the flood protection elevation using pilings, columns, posts, or solid foundation perimeter walls with opening sufficient to allow unimpeded movement of flood waters may have an enclosure below the lowest floor provided the enclosure meets the following standards:

i. Be used only for the parking of vehicles, building access, or storage; and

ii. Be designed and certified by a registered professional engineer or architect to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters; or

iii. Have a minimum of two openings on different walls having a total net area not less than one square inch for every square foot of enclosed area, and the bottom of all such openings being no higher than one foot above grade. The openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of flood waters.

f. Manufactured homes shall be affixed to a permanent foundation and anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Methods of anchoring may include, but are not limited to, use of over the top or frame ties to ground anchors.

g. Repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and is the minimum necessary to preserve the historic character and design of the structure, shall be exempt from the development standards of Section 9.37.V.4.

5. Nonresidential structures. (Ord. 3-22)

The requirements of this Section 9.37.V.5 apply to new construction and to substantial improvements of nonresidential structures in zones A, A1-30, AE, AO, and AH, when designated on the community’s effective FIRM, and when designated on a preliminary or final FIRM issued by FEMA under the circumstances provided in Section 9.37.U.

a. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall meet the requirements of Subsection 4, a-c and e-g.

b. New construction and substantial improvement of any commercial, industrial or other non residential structure shall either have the lowest floor, including basement, elevated to or above the level of the flood protection elevation; or, together with attendant utility and sanitary facilities, shall meet all of the following standards:

i. Be dry flood-proofed so that the structure is watertight with walls substantially impermeable to the passage of water to the level of the flood protection elevation;

ii. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and,

iii. Be certified by a registered professional engineer or architect, through the use of a Federal Emergency Management Floodproofing Certificate, that the design and methods of construction are in accordance with Subsections i and ii above.

c. In Zone A areas with no base flood elevations specified, the structure shall have the lowest floor, including basement, elevated at least two feet above the highest adjacent natural grade.

6. Accessory structures. Structures that are 600 square feet or less which are used for parking and storage only are exempt from elevation or dry floodproofing standards within zones A, A1-30, AE, AO, and AH designated on the community’s FIRM. Such structures must meet the following standards: (Ord. 3-22)

a. They shall not be used for human habitation;

b. They shall be constructed of flood resistant materials;

c. They shall be constructed and placed on the lot to offer the minimum resistance to the flow of flood waters;

d. They shall be firmly anchored to prevent flotation;

e. Service facilities such as electrical and heating equipment shall be elevated or floodproofed to or above the level of the flood protection elevation; and

f. They shall meet the opening requirements of Subsection 4,e (iii) above;

7. Recreational vehicles. Recreational vehicles on sites within zones A, A1- A30, AE, AO, or AH must meet at least one of the following standards: (Ord. 3-22)

a. They shall not be located on sites in special flood hazard areas for more than 180 days, or

b. They must be fully licensed and ready for highway use, or

c. They must meet all standards of Sections J, K, and Subsection 4 above.

8. Above ground gas or liquid storage tanks. Within zones A, A1-A30, AE, AO, or AH, new or substantially improved above ground gas or liquid storage tanks shall be anchored to prevent flotation or lateral movement resulting from hydrodynamic and hydrostatic loads. (Ord. 3-22)

9. Assurance of flood carrying capacity. Pursuant to the purpose and methods of reducing flood damage stated in these regulations, the following additional standards are adopted to assure that the reduction of the flood carrying capacity of watercourses is minimized: (Ord. 3-22)

a. Development in floodways.

i. In floodway areas, development shall cause no increase in flood levels during the occurrence of the base flood discharge. Prior to issuance of a floodplain development permit, the applicant must submit a hydrologic and hydraulic analysis, conducted by a registered professional engineer, demonstrating that the proposed development would not result in any increase in the base flood elevation; or

ii. Development in floodway areas causing increases in the base flood elevation may be permitted provided all of the following are completed by the applicant:

1) Meet the requirements to submit technical data in Section 9.37, R,1;

2) An evaluation of alternatives which would not result in increased base flood elevations and an explanation why these alternatives are not feasible;

3) Certification that no structures are located in areas which would be impacted by the increased base flood elevation;

4) Documentation of individual legal notices to all impacted property owners within and outside the community, explaining the impact of the proposed action on their property; and

5) Concurrence of the City Manager of the City of Centerville and the Chief Executive Officer of any other communities impacted by the proposed actions.

b. Development in riverine areas with base flood elevations but no floodways.

i. In riverine special flood hazard areas identified by FEMA where base flood elevation data are provided but no floodways have been designated, the cumulative effect of any proposed development, when combined with all other existing and anticipated development, shall not increase the base flood elevation more than one foot at any point. Prior to issuance of a floodplain development permit, the applicant must submit a hydrologic and hydraulic analysis, conducted by a registered professional engineer, demonstrating that this standard has been met; or,

ii. Development in riverine special flood hazard areas identified by FEMA where base flood elevation data are provided but no floodways have been designated causing more than one foot increase in the base flood elevation may be permitted provided all of the following are completed by the applicant:

1) An evaluation of alternatives which would result in an increase of one foot or less of the base flood elevation and an explanation why these alternatives are not feasible;

2) Subsection 9, a, ii above, items 1. and 3. through 5.

c. Alterations of a watercourse. For the purpose of these regulations, a watercourse is altered when any change occurs within its banks. The extent of the banks shall be established by a field determination of the "bankfull stage." The field determination of "bankfull stage" shall be based on methods presented in Chapter 7 of the USDA Forest Service General Technical Report RM 245, Stream Channel Reference Sites: An Illustrated Guide to Field Technique or other applicable publication available from a Federal, State, or other authoritative source. For all proposed developments that alter a watercourse, the following standards apply: (Ord. 3-22)

i. The bankfull flood carrying capacity of the altered or relocated portion of the watercourse shall not be diminished. Prior to the issuance of a floodplain development permit, the applicant must submit a description of the extent to which any watercourse will be altered or relocated as a result of the proposed development, and certification by a registered professional engineer that the bankfull flood carrying capacity of the watercourse will not be diminished.

ii. Adjacent communities, the U.S. Army Corps of Engineers, and the Ohio Department of Natural Resources, Division of Water, must be notified prior to any alteration or relocation of a watercourse. Evidence of such notification must be submitted to the Federal Emergency Management Agency.

iii. The applicant shall be responsible for providing the necessary maintenance for the altered or relocated portion of said watercourse so that the flood carrying capacity will not be diminished. The Floodplain Administrator may require the permit holder to enter into an agreement with the City of Centerville specifying the maintenance responsibilities. If an agreement is required, it shall be made a condition of the floodplain development permit.

iv. The applicant shall meet the requirements to submit technical data in Section 9.37, R, 1, a, (iii) when an alteration of a watercourse results in the relocation or elimination of the special flood hazard area, including the placement of culverts.

W. Compliance Required

1. No structure or land shall hereafter be located, erected, constructed, reconstructed, repaired, extended, converted, enlarged or altered without full compliance with the terms of these regulations and all other applicable regulations which apply to uses within the jurisdiction of these regulations, unless specifically exempted from filing for a development permit as stated in Section 9.37, P.

2. Failure to obtain a floodplain development permit shall be a violation of these regulations and shall be punishable in accordance with Section 3.15 of this UDO.

3. Floodplain development permits issued on the basis of plans and applications approved by the Floodplain Administrator authorize only the use, and arrangement, set forth in such approved plans and applications or amendments thereto. Use, arrangement, or construction contrary to that authorized shall be deemed a violation of these regulations and punishable in accordance with Section 3.15 of this UDO.

X. Notice of Violation

Whenever the Floodplain Administrator determines that there has been a violation of any provision of these regulations, he or she shall give notice of such violation to the person responsible therefore and order compliance with these regulations as hereinafter provided. Such notice and order shall:

1. Be put in writing on an appropriate form;

2. Include a list of violations, referring to the section or sections of these regulations that have been violated, and order remedial action which, if taken, will effect compliance with the provisions of these regulations;

3. Specify a reasonable time for performance;

4. Advise the owner, operator, or occupant of the right to appeal;

5. Be served on the owner, occupant, or agent in person. However, this notice and order shall be deemed to be properly served upon the owner, occupant, or agent if a copy thereof is sent by registered or certified mail to the person's last known mailing address, residence, or place of business, and/or a copy is posted in a conspicuous place in or on the dwelling affected.

Y. Variance Requirements (Ord. 3-22)

Any person believing that the use and development standards of these regulations would result in unnecessary hardship or practical difficulty may file an application for a variance. The City of Centerville’s Planning Commission shall have the power to authorize, in specific cases, such variances from the standards of these regulations, not inconsistent with federal regulations, as will not be contrary to the public interest where, owing to special conditions of the lot or parcel, a literal enforcement of the provisions of these regulations would result in an unnecessary hardship or a practical difficulty. Records of the Appeals Board shall be kept and filed at the City of Centerville Public Works Facility located at 7970 S Suburban Road, Centerville, OH 45458.

1. In addition to Section 5.17, Variance Procedure, the following factors shall be applied:

a. The danger that materials onto other lands to the injury of others.

b. The danger to life and property due to flooding or erosion damage.

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

d. The importance of the services provided by the proposed facility to the community.

e. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage.

f. The necessity to the facility of a waterfront location, where applicable.

g. The compatibility of the proposed use with existing and anticipated development.

h. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area.

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

j. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site.

k. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.

2. Variances shall only be issued upon:

a. A showing of good and sufficient cause.

b. A determination that failure to grant the variance would result in exceptional hardship due to the physical characteristics of the property. Increased cost or inconvenience of meeting the requirements of these regulations does not constitute an exceptional hardship to the applicant.

c. A determination that the granting of a variance will not result in increased flood heights beyond that which is allowed in these regulations; additional threats to public safety; extraordinary public expense, nuisances, fraud on or victimization of the public, or conflict with existing local laws.

d. A determination that the structure or other development is protected by methods to minimize flood damages.

e. A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

f. Upon consideration of the above factors and the purposes of these regulations, the Appeals Board may attach such conditions to the granting of variances, as it deems necessary to further the purposes of these regulations.

3. Other Conditions for Variances

a. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

b. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items in Section Y, 1 (a-k) have been fully considered. As the lot size increases beyond one half acre, the technical justification required for issuing the variance increases.

c. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

Z. Appeals (Ord. 3-22)

Any person affected by any notice and order, or other official action of the Floodplain Administrator may request and shall be granted a hearing on the matter before the Planning Commission provided that such person shall file, within 15 days of the date of such notice and order, or other official action, a brief statement of the grounds for such hearing or for the mitigation of any item appearing on any order of the Floodplain Administrator’s decision. Such appeal shall be in writing, signed by the applicant, and be filed with the Centerville Clerk of Council. Upon receipt of the appeal, the Centerville Clerk of Council shall transmit said notice and all pertinent information on which the Floodplain Administrator’s decision was made to the Planning Commission.

9.39 Accessory Buildings and Use Standards

A. Purpose

Accessory buildings or structures including a private garage may be erected upon a lot where a principal building already exists. The use of the accessory building must be secondary and incidental to the principal structure and use. An accessory building that is attached to the main building shall comply with all the requirements of these regulations that are applicable to the principal building.

B. Permit Required

A permit is required to be issued before an accessory building may be constructed or an accessory use may occur on a parcel or in a building (See Article 5, Development Procedures). A major accessory building or use shall be approved by Planning Commission and a minor accessory building or use shall be approved by the City Planner.

C. General Provisions (Ord. 17-14, 17-16, 7-18, 16-20)

The following general provisions shall apply to all accessory buildings or structures:

1. No accessory building or structure having a permanent foundation shall be located in a recorded easement;

2. No accessory building shall be erected in any front yard or the required minimum side yard of a lot;

3. An accessory building or structure shall have a minimum rear yard setback of 5 feet from any lot line;

4. No accessory building or structure shall be erected or constructed prior to the erection or construction of the principal or main building, except in conjunction with the same;

5. The maximum building height of an accessory building or structure for a single-family, two-family or three-family residential use shall be 12 feet. However, the Planning Commission may approve an increase of building height not to exceed 16 feet in height or the height of the principal building whichever is less as part of a Major Accessory Building in accordance with Article 5.09 B of this UDO;

6. The maximum building height of an accessory building or structure for a multi-family or non-residential use shall not exceed 18 feet in height or the height of the principal building whichever is less;

7. The gross floor area of all accessory buildings and structures on a lot shall be as follows: (Ord. 16-20)

a. A single-family or two-family residential premise within the R-la zoning district, and larger than 1.0 acre in lot size, shall be maximum of 1,250 sq. ft.

b. All other single-family or two-family residential premises shall be a maximum of 750 square feet or occupy no more than 20 percent of the rear yard, whichever is less;

8. Accessory buildings or structures located on all residential premises shall be consistent with the following:

a. For accessory buildings or structures of 200 square feet or less, the structure shall consist of a finished pitched roof surface of standing seam metal, seal-tab asphalt shingles, clay tile, slate or wood shingles and shall include other finish surfaces of wood, brick, stone, vinyl, or any combination thereof.

b. For accessory buildings or structures greater than 200 square feet, the structure shall be architecturally consistent with the character of the house on the premises including roof material, roof pitch, and façade material and color.

9. There shall be no more than 1 detached private garage per single-family, two-family or three-family dwelling unit;

10. Single-Family Residences: There shall be no more than 1 accessory building used for incidental storage by the property owner or occupant;

11. Two or Three-Family Residential Uses: there shall be no more than 1 accessory building used for incidental storage by the property owner or occupant per dwelling unit;

12. Multi-Family Residential Uses: See Article 5.09.

13. Non-Residential Uses: See Article 5.09.

14. An Accessory Building shall provide a minimum separation to any other building in accordance with applicable Building Code Regulations.

15. A driveway, in accordance with Section 9.29 of the UDO shall be required for any private garage;

16. An Open-Sided Structure including a Gazebo or a Trellis shall meet the minimum standards stated in Section 9.39 C. above and are subject to the following size restrictions:

a. The gross floor area of an open sided structure shall not exceed four percent (4%) of the rear yard, or 200 square feet, whichever is less.

b. The gross floor area of a Gazebo or a Trellis, which shall not exceed four percent (4%) of the rear yard, or 400 square feet, whichever is less.

(Ord. 20-22)

17. Portable Storage Units: A portable storage unit may be permitted on a premises subject to the following:

a. A maximum of 1 portable storage unit per dwelling unit.

b. A portable storage unit is intended to be used only for temporary storage. It is not intended to be used for long-term on-site storage and any such use in any zoning district is expressly prohibited.

c. The outside dimensions shall not exceed 16 feet in length, 8 feet in width, and 9 feet in height.

d. The unit must be placed on a paved surface in accordance with the Section 9.29 of the UDO.

e. A portable storage unit may be placed in conjunction with a residential dwelling unit for a period of time not to exceed 14 consecutive days in duration from the time of delivery to the time of removal, up to a maximum of 2 times per calendar year.

f. A portable storage unit may be placed on a non-residential zoned premises provided:

1) It is located for a period of time not to exceed 30 consecutive days in duration from the time of delivery to the time of removal, up to a maximum of 2 times per calendar year; and

2) The unit is located in a manner which does not hinder pedestrian or vehicular access to the premises and does not obstruct intersection sight distance.

g. In emergency situations, the City Planner may extend the length of time a portable storage unit can be located on a site.

18. The City Planner is authorized to grant temporary exceptions to or modifications of this Section in special circumstances where a necessity exists for the use of a temporary building, structure or vehicle. Such special circumstances may include, but are not limited to, the location of a field office required for a construction project. Such permission shall be limited to the time during which the use of such temporary building, structure or vehicle is reasonably necessary for the project for which such exception was granted.

D. Private Swimming Pools and Hot Tubs

1. Location, Area and Height:

a. A swimming pool or a hot tub shall be located within a rear or side yard and completely covered when not in use. In the event a proposed hot tub has more than 150 square feet of area on the water surface when filled to capacity, all regulations for swimming pools shall apply; (Ord. 17-16)

b. The following are the setback requirements for a pool.

i. The pool structure shall be located a minimum of 10' from any side or rear property line and outside of any easement.

ii. The pool deck or concrete pad connected to the pool shall be a minimum of 5' from any side or rear property line and outside of any easement. (Ord. 16-20)

c. A swimming pool shall not be located underneath or in close proximity to an overhanging electric power line.

d. Swimming pool accessories are limited to diving boards, slides and lights designed to illuminate the pool and the immediate surrounding area. None of these accessories may exceed 10 feet in height, such height to include handrails, supports and other safety devices.

2. Fencing of Swimming Pools:

a. A swimming pool having a depth that exceeds 24 inches shall be completely enclosed by a fence of sturdy construction not less than 60 inches in height, measured from the level of the ground where located and be of such design and construction as to effectually prevent a child from crawling or otherwise passing though or under such fence.

b. Any gate shall be self locking and secured when not in use.

c. Any fence shall comply with all other provisions of this UDO.

3. Lights: All lights used for illuminating a swimming pool, hot tub or surrounding area shall be so designed, located and installed as to confine the direct beams thereof to the lot or parcel on which the pool is located.

4. Application of Requirements: All provisions of this UDO shall apply to private or non-commercial swimming pools and hot tubs.

5. Permits: All permits shall be obtained for the construction or installation of any swimming pool in accordance with the provisions of this UDO.

E. Fences, Walls, and Ornamental Features (Ord. 17-13)

1. General Requirements

a. The height of a fence or wall shall be measured from the ground level of the outward face to the highest part of the fence or wall.

b. A fence or wall that is supported by posts on the side of the fence shall be erected so that exposed posts and supporting cross-elements face into the property where the fence or wall is constructed and the finished surface outward to adjoining parcels, lots or public right-of-way. This Section shall not apply if the fence is the same on both sides such as split rail fences or ornamental iron fences.

c. Intersection Clearance: On a corner lot the intersection clearance zone is an area between the curb line or edge of pavement of the 2 intersecting streets and a diagonal line connecting the curb or edge of pavement of intersecting streets at a point 30 feet from their point of intersection. In this intersection clearance zone, no fence/wall, ornamental feature, snow fence, mound or hedge shall exceed 32 inches in height above the grade of the edges of the pavement or street gutter except as permitted below.

d. In an intersection clearance zone a plant or tree not exceeding two feet in diameter at a point 32 inches above the grade of the edges of the pavement or street gutter and whose foliage is kept trimmed to such diameter up to at least 7 feet above the grade, shall be permitted.

e. Construction on Mound: Where a fence, wall, or ornamental feature is constructed on a mound, the permissible height of the fence, wall, or ornamental feature shall be reduced by the height of such mound or raised surface.

f. Safety:

i. A fence or wall having wire or metal barbs, prongs, spikes, cutting points or edges of any kind or any fence that is charged with electric current, shall be prohibited. Picket fences shall have points blunted. Agricultural Uses shall be exempt from this provision.

ii. No person shall install or cause to be installed along or adjacent to the boundary line of the front yard of any lot or parcel of ground in this City, any barrier composed of one or more strands of wire, rope, cord, plastic or other type of line, stretched between stakes, poles, trees or other supports, located as above described. However, a temporary barrier of such type, so constructed or marked as to be readily visible, may be installed to prevent damage to a newly planted lawn, or other new planting or new driveway/sidewalk. The temporary barrier is to be maintained only for such length of time as is reasonable necessary.

2. Types of Fences or Walls

a. A fence or wall shall be constructed using traditional or natural materials such as wood, brick, stone, wrought iron, chain link or other similar material unless specifically prohibited elsewhere in this Ordinance. Additionally, vinyl, PVC or other similar plastic may be used for any privacy, picket or post and rail fence and poured concrete may be used for any post and rail fence.

b. The use of poured concrete, concrete masonry unit, metal panel, corrugated metal, rebar, or other similar product where the surface of such material is exposed and visible from any direction, shall be prohibited unless specifically permitted elsewhere in this Ordinance.

3. Location of Fences or Walls

a. A fence having a height of 42 inches or less may be located in any yard. Fence posts may exceed this height of the fence by 6 inches.

b. Chain link, open wire mesh, solid board privacy fence or any wall shall be prohibited in a front yard.

c. A fence or wall having a maximum height of 7 feet may be located in any rear or side yard.

d. A fence enclosing a tennis court may have a maximum height of 12 feet provided any part of a tennis court fence above 7 feet high must be constructed of an open material that minimally obstructs vision.

e. A fence or wall shall not project into a public right-of-way.

4. Ornamental Features:

a. Ornamental features including retaining walls or short sections of walls or fences that are primarily of a decorative rather than an enclosing nature may be located in any yard.

b. Ornamental features placed in the front yard shall not exceed 42 inches or less in height and 20 feet in length and are subject to the intersection clearance requirements.

5. Mounds

a. Mound: The grading and drainage of mounds shall follow the requirements of Section 9.35, Stormwater Drainage Standards.

b. No mound exceeding 32 inches in height shall be erected in the intersection clearance zone on corner lots as defined in 9.31, C, 9.

6. Decks (Ord. 7-18)

a. A deck is permitted in the side or rear yard of a premises.

b. A deck shall be setback a minimum of 5 feet from the side and rear property lines and not occupy any part of a recorded easement.

F. Home Sales

1. Home Sale: Means a sale of personal property to the general public conducted in or on any property within a residential zoning district, to include, without limitation, garage sales, patio sales, yard sales, porch sales, driveway sales, motor vehicle sales, and the sale of boats, trailers, motorcycles, motor homes and the like.

2. Prohibitions: No person shall sell or offer for sale at such home sale any merchandise that has been purchased, consigned or otherwise acquired for purposes of resale. The offering of new merchandise for sale shall be evidence that such merchandise was acquired by the resident for purpose of resale. No person shall sell or offer at such sale any personal property except such as has been owned and maintained by such person or members of his family on or in connection with the premises on which such sale is held.

3. Frequency and Duration of Garage/Yard Sales: Only one such sale may be conducted on any parcel of once per quarter of a calendar year for a maximum of three consecutive days. No sale may commence before the hour of 8:00 a.m. or extend later than 8:00 p.m. This subsection shall not apply to the sale of motor vehicles, boats, trailers, motorcycles or motor homes.

G. Sale of Motor Vehicles, Boats, Trailers, Motorcycles and Motor Homes

The following provisions shall apply in the case of any motor vehicle, boat, trailer, motorcycle or motor home offered for sale:

1. Such vehicles may be displayed for sale only upon a private driveway provided that the vehicle is not parked in the City's right-of-way. Only one such item may be displayed at any time;

2. No person shall park or leave standing the above named vehicles upon any property not owned or controlled by such person for the principal purpose of advertising or displaying it for sale;

H. Parking of Motor Vehicles

Refer to Section 9.29, B, Off-Street Parking Standards of the UDO.

I. Beekeeping

The following provisions shall apply to the keeping of bees in the City:

1. Beekeeping is considered to be an Agricultural Use by this Ordinance.

2. All beekeepers shall register and maintain their hives as set forth in Chapter 909 "Apiaries" of the Ohio Revised Code.

3. A minimum lot size of 5 acres is required.

4. There shall be no more than 4 hives established on any lot used for beekeeping. A maximum of 2 additional temporary hives are permitted for the purpose of hive separation or new swarm establishment. Such temporary hives shall be removed from the property within 2 weeks.

5. Hives shall be located in the rear yard of a property, no closer than 30 feet from any abutting property line.

6. A fresh water source shall be maintained within 15 feet of the hive(s).

7. A flyway barrier 6 feet in height shall be established and maintained adjacent to the hives. The barrier shall consist of fencing, dense vegetation or combination thereof. Colonies situated 10 or more feet above the grade of the nearest property line would be exempt from this provision.

8. The owner of the hive(s) must be a resident in a dwelling located on the same lot on which the hive(s) are registered. Hives are only permitted on lots occupied with a single-family residential use.

9. The maintenance of each colony shall meet the following conditions:

Colonies shall be maintained in readily moveable hive frames.

Each hive must conspicuously display the Apiary Identification Number assigned pursuant to Chapter 909 of the Ohio Revised Code on no less than the base and the box. The identification number shall be on the side that is visible without moving or lifting said hive.

Adequate space shall be maintained in the hive to prevent overcrowding and swarming.

Colonies shall be re-queened following any swarming or aggressive behavior or seized and destroyed without remuneration.

10. Beekeeping privileges may be revoked from any property by written notification to the property owner by the City of Centerville. Revocation must be done with cause, however, the cause needs not to be the fault of the beekeeper, nor be a factor that is under control of the beekeeper. The City may revoke approval of the Zoning Certificate for any condition or combination of circumstances that jeopardize, endanger, or otherwise constitutes harm to the public health and safety. Any permit approval may be revoked by the City due to a failure to satisfy any of the requirements of this ordinance. A harm to public health may include, but is not limited to:

a. Written documentation signed by a medical doctor certifying that a medical condition caused by beestings to a resident of an abutting property had occurred.

b. Abnormally aggressive behavior by bees defending their hive beyond the property lines.

11. Any applicant may appeal a revocation of approval in accordance with Section 5.19, Appeal Procedure of the UDO.

J. Flagpoles. (Ord. 17-16)

1. An Accessory Structure Permit from the Planning Department is required prior to construction. A flagpole may also be approved as part of a Major or Minor Site Plan review.

2. Maximum Height: 30 feet.

3. Permitted Materials: Steel, aluminum, or fiberglass.

4. May be located within any yard.

5. Shall be setback a distance equivalent to the height of the flagpole from all property lines.

6. There shall be no more than one (1) flagpole per single-family or duplex residential use, and no more than three (3) flagpoles for all other uses.

7. Refer to Article 9.51(D) for flag standards.

K. Playhouses. (Ord. 17-16)

1. A zoning permit is not required.

2. Shall be located within a side or rear yard.

3. Shall not exceed 100 square feet in floor area or 12 feet in height. If constructed within a tree, the height shall be measured from ground level at the base of the tree.

4. Shall be setback from all property lines a distance equivalent to the height of the playhouse.

5. Shall be constructed of durable materials and kept in good condition in accordance with the Centerville Property Maintenance Code.

L. Outdoor Display or Storage of Materials, Goods, Supplies, or Equipment. (Ord. 7-18)

1. Shall be limited to the following areas:

a. Immediately adjacent to the principal building if located in the front yard; or

b. No closer to the property line than the minimum required setback for parking or paving if located in the side or rear yard.

2. Shall not reduce the available parking to a quantity below the minimum parking requirement.

3. Shall consist of materials, goods, supplies, or equipment customarily associated with the principal use on the subject property.

4. Shall be kept in a neat and orderly manner so as not to create a nuisance or hazard.

9.41 Antennae

A. Purpose

This Section is intended to comply with federal law, policies and guidelines. This Section is also intended to comply with federal policies and guidelines in that it does not differentiate among types of antennae. This Section is also intended to comply with the policies and guidelines and of state and federal laws including the Federal Telecommunications Act of 1996 in that it does not intend to impair the installation, maintenance, or use of antennae. However, this section is intended to preserve the city's right to reasonably restrict placement of antennae in order to preserve historic districts, including without limitations the consideration of aesthetic issues other than historic considerations such as the relative height of structures and trees, views, preservation of residential areas, property value.

This section is also intended to comply with state and federal law to the degree permitted and intended to comply with the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, which recommends against:

"Introducing new construction onto the building site that is visually incompatible in terms of size, scale, design, materials, color and texture or which destroys historic relationships on the site." According to Federal Regulation 36 CFR 800.5 (a) (1), the installation of an antenna is considered to alter, either directly or indirectly, any of the characteristics of a historic property for inclusion in the National Register in a manner that would diminish the integrity of the property's location, design, setting, materials, workmanship, feelings, or association, diminishing the integrity of the property's historic features.

B. Public Health, Safety and Welfare Objectives

The City Council intends to protect the public health, safety and welfare of the citizens of the City from potential hazards and damage to property values and/or community character associated with the installation and maintenance of antennae within the City. Of particular concern is the preservation of the character of the Architectural Preservation District (APD) or a landmark property. The restrictions and standards herein are intended to assure that all antennae installations are adequately constructed and located so as to minimize potential detrimental effects associated with such installations.

1. Antennae shall be permitted as follows subject to the other requirements herein, including the requirements for structures located in the APD or on a landmark property:

a. One (1) private non-commercial antenna, including satellite receiving dishes of one meter or less and antennae designed to receive television broadcast signals, shall be permitted for each dwelling unit in all Districts.

b. One private non-commercial antenna serving a specific structure type, whether reception or transmission, is permitted per multiple-family building.

c. Two private non-commercial antenna serving a specific structure type, whether reception or transmission, is permitted per commercial use, whether freestanding or part of a multi-use building.

d. Antennae for the purpose of receiving RF signals and for amateur or "ham radio" transmitting are permitted in all districts.

2. Any antenna which does not fit into the above antennae types shall require a Conditional Use Permit.

C. Size and Location Restrictions

1. All antennae shall be attached to the principle structure unless there is no practical placement location as determined by the City Planner.

2. Satellite dishes less than 1 meter in diameter and television broadcast antennae are exempt from a permit but have locational regulations:

a. Mounted to a principle structure: each antenna shall be located on that portion of a hip, gable, or gambrel roof which does not face a public street and shall be mounted behind the highest roof peak on the main structure. On flat roofs an antenna shall be located in a way so as to minimize its visibility from other properties. If affixed to the structure of buildings within the historic district, antennae and dishes must be installed to avoid damage, such that if the antenna is removed, it shall not have permanently altered the structure. When affixed to a masonry structure, antennae must be attached to the mortar joints, not to the face of the stone or brick.

b. Free-standing mounted in the ground: location is limited to the side or rear yard only and the maximum length or diameter of any television broadcast antenna, exclusive of structural supports, shall not exceed 10 feet.

3. Antennae Anchored to Principal Structure

a. All antennae shall be attached to the principle structure unless there is no practical placement location as determined by the City Planner. The following regulations shall apply to all antennae which are affixed to the main structure except as provided above on any parcel, including but not limited to roof mounted antennae and towers which are mounted in the ground and affixed to the main structure for support. Antennae mounted on or affixed to detached garages and other accessory structures are not permitted in the City of Centerville.

b. Dimension: The maximum length or diameter of any television broadcast antenna, exclusive of structural supports, shall not exceed 10 feet.

c. Mounting: Each antenna shall be located on that portion of a hip, gable, or gambrel roof which does not face a public street and shall be mounted behind the highest roof peak on the main structure. On flat roofs an antenna shall be located in a way so as to minimize its visibility from other properties. If affixed to the structure of buildings within the historic district, antennae and dishes must be installed to avoid damage, such that if the antenna is removed, it shall not have permanently altered the structure. When affixed to a masonry structure, antennae must be attached to the mortar joints, not to the face of the stone or brick.

d. No antennae including structural supports shall exceed 10 feet above a roof line.

4. Free Standing Antennae

a. The City Planner shall determine whether a free-standing antenna is a suitable alternative to being mounted or anchored to the principle structure. The City Planner must consider other practical locations mounted or anchored to the principle structure before considering a free-standing location.

b. The following regulations shall apply to all free standing antennae, which are those antennae mounted in the ground, with or without guy wires.

i. Freestanding antennae shall be constructed only in the rear yard between the side yard setbacks and no closer than 10 feet to any property line.

ii. Free standing antennae which are transmitting and/or receiving antennae shall not be higher than 10 feet above the roof line of the main structure.

iii. Free standing antennae, capable of receiving transmissions only shall not exceed 10 square feet in area.

D. Aesthetic and Screening Requirements

1. All free standing antennae shall be substantially screened by evergreen trees or shrubbery of at least the height of the unit, such screening may be open on 1 side to facilitate reception.

2. The applicant shall demonstrate that the proposed location is such that during all seasons, no part of any ground mounted antennae structure will be visible to the neighbors and the general public from a point that is between the ground level and 6 feet above ground level on surrounding property. This provision is satisfied by the installation of evergreen plantings, which shall screen the antennae at the time of installation.

3. Antennae shall be of a color compatible with the surrounding landscape and structures, provided such antennae above the roof line may be of the natural color of the antennae structure.

E. Structural Safety Requirements

The following structural safety requirements shall be applied to all antenna installations. The Building Department shall review antenna applications as required by the Building Code for conformance to these requirements.

1. If guy wires are used, they shall be sufficiently visible to prevent accident or injury to any person.

2. Every antenna shall be constructed in accordance with the Building Code of the City, as amended, including the electrical provisions thereof and shall also comply with specifications of the manufacturer.

F. Permit Required Application Requirements

All antennae, except for satellite receiving dishes of one meter or less and antennae designed to receive television broadcast and signals, shall be considered accessory structures and may only be installed upon obtaining a building permit from the Building Department, if necessary, and a code compliance check from the City Planner.

For all antennae other than a satellite receiving dish of one meter or less and antenna designed to receive television broadcast signals; the applicant must provide:

1. A plot plan showing proposed location and dish projection at extremes of the satellite band to be viewed.

2. Landscape plan showing existing and proposed vegetation for completely screening the installation from the neighboring and street view.

3. A description of the use and purpose of the antenna, including whether it is receive-only, transmitting-only, or both.

G. Impairment of Reception, Line of Sight and Technical Problems

1. The above regulations are not intended to impair the reception of an acceptable quality signal for satellite viewing dishes of one meter or less and an alternative location or landscape plan shall be permitted when it is shown that they would result in such impairment.

2. The City Planner may consider alternate locations for an antenna which does not comply with this UDO, provided that the applicant has proven that such antenna will be entirely inoperable otherwise for any useful purpose, for reasons of "line of sight" or other technical reasons, or for reasons set forth in federal law or regulations.

9.43 Home Occupations

A. Purpose

It is the purpose of these regulations to ensure that a home occupation is so located and conducted that the average neighbor would not be aware of its existence. The standards for a home occupation are intended to ensure its compatibility with the residential character of the neighborhood.

B. Home Occupation Standards

1. A home occupation is a business conducted by the residents living on the premises. At any 1 time there may be present on the premises no more than 1 nonresident of the premises who is an employee, partner or contract worker of the home occupation.

2. A home occupation shall be carried on wholly within the dwelling unit. No home occupation or any storage of goods, materials, or products connected with a home occupation shall be permitted in any accessory building, detached garage or any vehicle including a recreational vehicle.

3. A home occupation shall be incidental to the use of a dwelling unit for residential purposes.

a. No more than 25% of the total floor area or more than 500 square feet of the dwelling unit, whichever is less, may be used in connection with a home occupation.

b. A home occupation may only be established on that portion of a dwelling unit finished into habitable living area. The uninhabitable areas of a dwelling unit including unfinished basements, attics, and attached garages may only be used to store incidental items related to the home occupation not to exceed 50 square feet of the total floor area.

4. There shall be no entrance or exit way specifically provided in the dwelling unit or on the premises for the conduct of a home occupation.

5. A home occupation shall not change the outside appearance of the dwelling unit or be visible from the street.

6. No traffic shall be generated by a home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by a home occupation shall be met off the street.

7. Deliveries and shipping from a vehicle having a cargo area greater than 22 feet in length or having dual rear axles are prohibited.

8. In no case shall a home occupation be open to the general public at times earlier than 8:00 a.m. or later than 6:00 p.m. Beyond these hours during which the home occupation may be open to the general public, the operator of the home occupation may schedule appointments with clients or customers, but no more than 2 clients or customers per hour. An exception to this requirement is for Direct Sale of Consumer Products or Service where parties for the purpose of taking orders or selling merchandise shall not be held more often than 6 times per year.

9. A home occupation shall produce no heat, sound, vibration, light, glare, dust, odor, smoke, or fumes detectable to normal sensory perception by a person located off the premises or beyond the walls of the dwelling unit if the dwelling unit is a part of a multi-family building.

10. A home occupation shall not create a hazard to person or property, result in electrical interference to nearby neighborhood machinery or equipment, or become a nuisance. Storage of any hazardous or toxic materials in quantities that could have a potentially significant environmental impact on the property or on the surrounding community is prohibited.

11. A home occupation shall not cause an increase in the use of any 1 or more utilities (such as, but not limited to water, sewer, electricity, or waste collection) so that the total use does not exceed the average for a residence in the neighborhood.

12. No outdoor display or storage of materials, goods, supplies, or equipment shall be allowed.

13. The following uses are examples of permitted home occupations provided they do not violate any provisions of this Ordinance:

a. Artistic endeavors including painting, sculpting, writing or composing;

b. Computer programming, data processing, software design, web site design or word processing;

c. Direct sale of consumer products or service;

d. Dressmaking, sewing, or tailoring;

e. Family Day Care, Type B;

f. Home cooking, baking, food preparation, exclusive of a catering service;

g. Home crafts such as rug weaving, lapidary work, or ceramics with kiln up to 6 cubic feet in size maximum;

h. Home office; and

i. Tutoring, including music instruction shall be limited to a maximum of 2 persons receiving instruction at any 1 time.

14. Pet grooming, kennels and any other commercial animal operations are not permitted within a residential-zoned district in the City of Centerville. (Ord. 20-22)

C. Prohibited Home Occupations: Refer to Section 7.01, B, 2 of the UDO.

9.45 Landmarks

A. Purpose

The City of Centerville recognizes that certain houses, buildings, structures, areas and places throughout the community possess a character, interest or value as part of the development, heritage or cultural characteristics of the City, the State or the United States. The conservation and designation of such houses, buildings, structures, areas or places as landmarks will benefit all citizens of the City. Such landmarks will help preserve the historical, cultural and social environment that is reflective of the quality of life that citizens of the City have enjoyed since 1796.

B. Identification, review, and designation of individual landmarks.

1. The Board of Architectural Review (BAR) is empowered to nominate to the Council any area, place, building or structure within the City as a landmark.

2. In considering the designation of any area, place, building or structure in the City as a landmark, the BAR shall apply the following criteria with respect to such property:

a. Its character, interest or value as part of the development, heritage or cultural characteristics of the City, the State or the United States;

b. Its location as a site of significant historic interest;

c. Its identification with a person who significantly contributed to the culture and development of the City;

d. Its exemplification of the cultural, economic, social or historic heritage of the City;

e. Its portrayal of the environment of a group of people in an era of history characterized by a distinctive architectural style;

f. Its embodiment of distinguishing characteristics of an architectural type or specimen;

g. Its identification as the work of an architect or builder whose individual work has influenced the development of the City;

h. Its embodiment of elements of architectural design, detail, materials or craftsmanship which represent a significant architectural innovation

i. Its unique location or singular physical characteristic representing an established and familiar visual feature of a neighborhood or the City.

j. If the landmark designation pertains to a large property, then the landmark designation shall be limited, to the extent possible, to the portion of the property of greatest landmark significance.

3. The BAR shall notify the local historic review agencies of a proposed designation.

4. The BAR shall notify the Planning Commission of the proposed landmark designation. The Planning Commission shall provide a recommendation to the BAR based upon the following:

a. The relationship of the proposed designation to the Comprehensive Development Plan of the City;

b. The effect of the proposed designation upon the surrounding neighborhood; and

c. Any other planning consideration, which may be relevant to the proposed designation.

d. The Planning Commission may recommend approval, approval with modifications, or rejection, of the proposed designation.

5. The BAR shall hold a public hearing on the proposed designation and shall give due consideration to the findings of fact and the recommendation of the Planning Commission. Upon its conclusion, the BAR may recommend to the Council approval, denial, or approval with modifications, of a proposed designation.

6. The Council shall give due consideration to the findings of fact of the BAR and the recommendation of the Planning Commission. The Council shall hold a public hearing and, upon its conclusion, the Council may designate by ordinance the area, place, building or structure as a landmark.

7. The City shall file a recorded affidavit with the County Recorder on the property title and add a designation on the City Zoning Map for each landmark property in an attempt to improve notice to a future purchaser of a landmark designated property. Failure of the City to file the above affidavit or to make a notation on the Zoning Map shall not invalidate any landmark designation by the City.

C. Procedure to designate or rescind landmark status.

1. Any person may apply to the City to designate a landmark in the City or to rescind any landmark status already designated under this chapter.

2. No such application shall become effective unless the application shall first be submitted to the Board of Architectural Review (BAR) in such manner and following the procedures prescribed by the BAR.

3. The BAR shall hold a public hearing in accordance with the public hearing provisions contained in this UDO.

4. The BAR shall, within 65 days after the public hearing, recommend the approval or denial of the application to the Council. The BAR shall submit its recommendation in ordinance form to the Council.

5. Regardless of the decision of the BAR on an application, the Council shall hold a public hearing on said application and render a decision.

6. The Council shall introduce the application in ordinance form at a regular or special Council meeting in accordance with the provisions of the City Charter.

7. During the thirty-day period preceding the public hearing of Council, a copy of the text of the proposed ordinance together with the maps, plans, or reports pertaining to or a part of the ordinance shall be on file for public examination in the office of the Clerk of Council.

8. Notwithstanding any provision of this chapter, the Council may rescind the designation of any area, place, building or structure as a landmark by ordinance in accordance with the procedures set forth in this section.

D. Renovation, Rehabilitation, Remodeling, Addition, Alteration, Development or Construction of Landmarks

1. An area, place, building or structure designated as a landmark property under the provisions of this chapter shall be subject to the regulations and procedures imposed by this chapter.

2. All regulations of the zoning district in which a designated landmark is located, as set forth in the UDO, shall remain in full effect unless specifically modified by this chapter.

3. The renovation, rehabilitation, remodeling, addition, alteration, development or construction of a building or structure designated as a landmark shall be in accordance with the requirements contained in Section 9.53, D, Architectural Preservation District, of this UDO. Specifically those requirements that pertain to the shape, design, dimensions, roof, walls, wall openings and exterior colors of a building or structure.

4. To the extent possible, all architectural features of a historic building or structure shall be preserved.

5. No architectural feature shall be masked, interrupted, covered or concealed in any way.

6. Any architectural feature of a building or structure that is broken, rotted, or otherwise worn-out, shall be repaired or replaced with a similar feature to preserve the architectural integrity of the building or structure.

E. Interior of buildings.

1. The interior of a building designated as a landmark shall not be regulated by any provisions of this chapter.

F. Demolition or moving of a designated landmark.

An application to demolish or move a designated landmark shall be in accordance to the requirements contained in the Architectural Preservation District Section 9.53, D, of the UDO.

1. The Board of Architectural Review shall hold a public hearing on any application to demolish or move a designated landmark.

2. Demolition or moving of a building that is a potential landmark.

a. An application to demolish or move any building in the City shall require a review by the City Planning Department to determine if the building has potential landmark designation status. The decision of the City Planning Department on the potential landmark status of a building is final and not subject to appeal.

b. If the Planning Department determines that the building has potential landmark designation status, then the City shall have a maximum of 120 days from the date of the filing of the application to demolish or move the building to consider the designation of the building as a landmark in accordance with the procedures of this chapter. No permit shall be issued to demolish or move a potential landmark designated building until the City has determined if the building is a landmark or the maximum time period for consideration of landmark status has expired.

G. Donation of Significant Landmark Related Building Materials to City

A property owner may by choice donate and the City may by choice accept the donation of significant landmark related building materials. The City shall store, as long as it deems practical, any such donated materials at City cost.

1. A person may request for a specific use any landmark related materials donated to the City. If the City grants the request, then the materials will be made available at no cost to the person requesting the materials. In reviewing requests for donated materials, the City shall consider the potential of the request for advancing the purposes of this chapter. A person receiving donated material from the City must use that material as specified in his or her request to the City. If the person is unable to use any material donated by the City in the manner specified in his or her request, then the material must be returned at no cost to the City.

H. Maintenance of Landmark Structures

1. The owner of a designated landmark structure, whether occupied, vacant or uninhabited, shall provide sufficient maintenance and upkeep for such structure to ensure its perpetuation and to prevent its destruction by deterioration.

2. Any provision for maintenance contained in this chapter shall be in addition to all other applicable provisions of the Building and Housing Code and other pertinent codes or ordinances.

3. The Board of Architectural Review, on its own initiative, may file a petition with the Development Director or his or her appointed designee requesting that the City proceed to take action against any property owner who, in the opinion of the BAR, is in violation of any maintenance requirement of this chapter. (26-24)

I. Limit on Re-Hearing the Same Application

The Board of Architectural Review or the Council shall not be required to hear or act upon any application which has been the subject of an application within the previous 2 years, unless the application has been modified at the request of the approving authority.

9.47 Parklands

A. Findings and Statement of Policy

1. Findings

It is found and determined that the public health, safety, convenience, comfort, prosperity and general welfare require that at least seventeen acres of property for each 1,000 persons residing within the planning jurisdiction, as defined in this chapter, be devoted to parkland, and the same is hereby established as the parkland standard for all purposes of this chapter. The parkland standard utilized in this chapter was determined by computing the approximate existing ratio of parkland to population within the Centerville-Washington Park District (hereinafter referred to as "the Park District").

2. Statement of Policy

With respect to subdivisions and developments to which this chapter applies, at least eight and one-half acres of property for each 1,000 persons (.0085 acres per person) should be reserved for parkland by or at the expense of the subdivider or developer of the dwellings in which such persons shall reside, and the remainder of the seventeen-acre standard established in this chapter shall be acquired for such purposes by the Park District or the City. All parkland reserved or acquired under this chapter shall be developed and maintained by the Park District or the City.

B. Adoption of Park Plan

The Planning Commission shall adopt a plan for the parks and other public open grounds of the City, which may constitute a part of a Comprehensive Development Plan and which shall provide a guide for the orderly acquisition of parkland within the planning jurisdiction, in accordance with the parkland standard set forth in this chapter, the criteria set forth in this chapter and such other criteria as the Planning Commission may deem appropriate to accomplish the purposes of this chapter. In adopting the plan for the parks, the Planning Commission shall take into consideration the Master Plan of the Centerville-Washington Park District.

C. Provision of Parkland by Subdividers or Developers

Every subdivider or developer who files with the Planning Commission any proposal, plan or plat for the subdivision or development of land within the planning jurisdiction after a date which shall be the later of a date 30 days after the effective date of this chapter, or the date of the adoption of the plan for the parks referred to in this chapter, and who has not theretofore so filed any preliminary plat with respect to such subdivision or development or a development plan, shall either dedicate a portion of such land, pay a fee in lieu of land dedication, or dedicate land and pay a fee in lieu of land dedication, all as provided in this chapter, for the purpose of providing parkland to serve future residents of each such subdivision or development.

D. Determination of Total Population

1. Population Factor. For purposes of this chapter, a population factor for each dwelling unit planned for a subdivision or development shall be determined as follows:

Table 9.13

Residential Dwelling Type	Population Factor Per Dwelling Unit
Single-family	3.25
Two-family	2.50
Multifamily Unit (restricted to a maximum family size of one person)	1.00
All other units	1.75

2. Total population. Total population for any subdivision or development shall equal the sum of the population factors of all dwelling units to be included in the subdivision or development. For purposes of this chapter, the Planning Commission shall determine the number and types of dwellings to be included in any subdivision or development on the basis of such relevant information as it may have or be able to obtain tending to show the same, including, without limitation, any plans, estimates or statements of intention furnished by the subdivider or developer concerned relating to the proposed improvement of the subdivision or development, the nature and topography of the land involved and the nature and kind of improvements actually planned or probable thereon.

E. Determination of Land Dedication or Payment of Fee for Provision of Parkland

1. Determination by Planning Commission

The Planning Commission shall determine whether a subdivider shall dedicate land, pay a fee in lieu of land dedication or provide a combination of land dedication and fee payment.

2. Procedure

In making the determination referred to in subsection (a) hereof, the following procedure shall apply:

a. Contents of filings: At the time of filing a preliminary plat, final plat or development plan for approval, each subdivider or developer shall, as a part of such filing, submit a calculation of the total population of the plat or development in accordance with Section 1204.05 and indicate whether he or she plans to dedicate land as parkland, to pay a fee in lieu of dedication or to meet the requirements of this chapter by a combination of parkland dedication and fee payment. If such subdivider or developer plans to dedicate land, he or she shall indicate the area he or she desires to dedicate on the preliminary plat, final plat or development plan.

b. Planning Commission determination: After the Planning Commission has reviewed such preliminary plat, final plat or development plan, and after review of the same with the Park District, it shall determine whether the plans of the subdivider or developer to dedicate land, pay a fee in lieu of dedication or provide a combination of dedication and fee payment, are acceptable, provided that the Planning Commission shall make the determination so required within 60 days of the submission, unless the developer or his or her representative agrees to an extended period for such determination. If the Planning Commission fails to make a determination within said time period, or within any agreed extension period, such submission shall be deemed to be approved. Insofar as practicable, the determination of the Planning Commission shall be compatible with the plan for the parks.

c. Adverse effects of development; reclamation. If, in the opinion of the Planning Commission, any portion of land proposed for dedication has been, or will be, adversely affected by the operations of a subdivider or developer, and such land or portion thereof will require reclamation in order to render it suitable as parkland, the Planning Commission may require the subdivider or developer to furnish a plan for such reclamation. The Planning Commission shall seek the advice of the City Engineer and the Park District with respect to any such plan, and shall determine, on the basis of such advice, whether such plan is acceptable in view of the purposes of this chapter. In the event that such plan is acceptable, the subdivider or developer concerned shall implement such plan in accordance with a timetable approved by the Planning Commission. The City may, without prejudicing any rights the City may have at law or in equity, deny approval of a final plat for non-compliance with a previously approved reclamation plan or timetable involving that plat.

Commentary: A final plat shall not refer to the plat of the last section of an approved preliminary plat, but shall refer to any final map of all or a portion of a subdivision which is submitted to the City for final approval before recording at the office of the County Recorder.

d. Criteria: In making its determination, the Planning Commission shall utilize the following criteria:

i. Unity. Dedicated land must form a single parcel of land of not less than five acres in area, except in the event that the Planning Commission determines that two or more parcels of not less than five acres each would be in the best public interest or in the event that a parcel of less than five acres adjoins an existing or proposed park to provide a facility of five acres or more.

ii. Shape and topography. The shape and topography of the dedicated parcel of land shall be suitable for active and/or passive recreation to serve the public properly as determined by the Planning Commission after review with the Park District.

iii. Location. Dedicated land must be located in order to serve the recreation and open space needs of the subdivision or development for which the dedication was made.

iv. Access. Public access and maintenance access to five acres of dedicated parkland shall be provided by adjoining frontage of 400 or more feet at one location on a public street with street improvements, sidewalks and utilities installed by and at the expense of the developer, and as determined by the Planning Commission, by public walkways installed by and at the expense of the developer. Frontage shall be increased by at least forty feet for each additional acre of parkland.

v. Preservation of natural beauty. In all instances, natural features of scenic beauty, such as trees, plant life, brooks and other watercourses, topography, historic locations, views and similar conditions, which, if preserved, will add attractiveness and value to the dedicated land, shall be considered and preserved in the dedication of parkland.

F. Amount of Land to be Dedicated

1. The amount of land to be dedicated by a subdivider or developer pursuant to this chapter shall be determined in accordance with the following formula:

Acres of Land for Dedication

Total Population as determined in accordance with Section 9.47(D)

0.0085 Acres

G. Determination of fee in lieu of dedication

1. Amount. In the event the Planning Commission determines that a subdivider or developer shall pay a fee in lieu of land dedication, the amount of such fee shall be determined by the following formula:

Fee-in-lieu of Land Dedication

Land area otherwise required to be dedicated pursuant to Section 9.47(F)

Market Value

2. Determination of Market Value. Market value shall be determined in accordance with Section 9.47(I).

H. Park Development and Maintenance

Park development and maintenance shall be provided by the Park District or the City.

I. Determination of Market Value

1. Time for determination. Market value shall be determined as of the time of filing the final plat or the final plat of the first section of an approved preliminary plat, at the time of filing of a development plan, with the City.

2. Method of determination. Market value shall equal the average value per acre of all land in each subdivision or development in its raw, undeveloped state, plus one-half the cost of installation of 400 feet of public street, sidewalk and utility improvements in the subdivision for the first five acres of park area plus forty feet of public street, sidewalk and utility improvements for each additional acre, determined by application of one of the following procedures:

a. By agreement between the subdivider or developer and the Planning Commission, which may include appraisal by a qualified independent appraiser approved by the Planning Commission; or

b. In the event that the subdivider or developer objects to the foregoing method or valuation, by a three-member board of appraisers, one of whom shall be appointed by the Planning Commission, one of whom shall be appointed by the subdivider or developer, and one of whom shall be selected by the two appraisers so appointed. The decision of a majority of such board shall be final. The Park District or the City shall pay the cost of the board's appraisal.

J. Credit for Private Open Space

1. Allowance of credit. In the event that a subdivider or developer provides private open space for park purposes and such space is to be privately owned and maintained by the future residents of the subdivision or development, or by the subdivider or developer, and in the event that the Planning Commission determines that such private open space adequately fulfills a portion of the park needs of the proposed subdivision or development, the market value of such areas, as determined in Section 9.47, I, shall be credited against the land dedication or fee in lieu of dedication of land requirements of this chapter.

2. Maximum credit. Such credit, however, shall be allowed only up to a maximum of one-half of the total required land dedication or fee in lieu of dedication requirement. The remaining one-half shall be provided in accordance with the requirements of this chapter.

3. Standards and limitations. Notwithstanding subsections 1 and 2 hereof, the credit for private open space shall be allowed only if all of the following standards are met:

a. Yards, court areas, setbacks and other such open areas required to be maintained by the UDO shall not be included in the computation of such private open space.

b. Private ownership, development and maintenance of the private open space shall be assured by valid and enforceable undertakings on the part of the subdivider or developer, or otherwise.

c. The use of the private open space is restricted for park purposes by recorded covenants that run with the land in favor of the future owners of property within the subdivision or development, and which cannot by their terms be defeated or eliminated without the consent of the Planning Commission.

d. The proposed private open space is reasonably adaptable for park uses, taking into consideration such factors as size, shape, topography, geology, access and location of the private open space land.

e. Facilities proposed for the private open space can be reasonably expected to meet the needs of the future residents.

K. Treatment of Land to be Dedicated; Procedure for Dedication of Land and Payment of Fees

1. Following approval of a preliminary plat, final plat or development plan which designates land for dedication, the existing vegetation (except growing commercial crops other than growing timber), topography, features of historic value, stream courses, soil, rock strata and other natural features of such dedicated land, shall not be altered or their condition adversely affected in any way without the consent of the Planning Commission.

2. Dedication of land to the Park District or the City shall be by a general warranty deed conveying to the Park District or the City, and their successors and assigns, good and marketable title to the real estate described in such deed, free and clear of all liens and encumbrances.

a. This deed shall be executed and delivered to the Park District or the City for recording prior to the signing by the City of the final plat, prior to the signing of a final plat of the first section of an approved preliminary plat, or prior to the issuance by the City of any permit allowing implementation of an approved development plan.

b. In the case where the final plat is the first section of an approved preliminary plat, the City may permit the developer to place the deed to the parkland in escrow for later delivery to the Park District or the City at the time of approval of the final plat of the last section of an approved preliminary plat. However, if any final plat is submitted for approval that includes or has a boundary contiguous with the proposed park, the deed (whether in escrow or not) transferring the parkland to the Park District or the City shall be recorded prior to the signing by the City of that final plat.

c. Open space covenants for private parks shall be submitted to the City Council prior to approval of the final plat or development plan and shall be recorded at the same time as the final plat or prior to the issuance of any City permit allowing implementation of an approved development plan.

3. If a fee in lieu of dedication is required, the amount thereof shall be deposited with the City prior to the signing by the City of the final plat or prior to the issuance by the City of any permit allowing implementation of an approved development plan.

a. In the case where the final plat is a section of an approved preliminary plat, only a proportionate amount of the total fee in lieu of dedication for the approved preliminary plat shall be paid prior to the signing of each approved final plat which is a section of that preliminary plat.

b. In the case of a permit allowing implementation of a portion of an approved development plan, only a proportionate amount of the total fee in lieu of dedication for that approved development plan shall be paid.

L. Amendments of Approved Plats or Development Plans

1. Any amendment of an approved plat or development plan which, under the provisions of this chapter, increases the requirement for parkland dedication or payment of a fee in lieu of parkland dedication by a developer, shall require that such increased parkland be dedicated or that such fee in lieu of such increased parkland be paid by the developer in compliance with the requirements of this chapter.

2. Any amendment of an approved plat or development plan which, under the provisions of this chapter, decreases the requirement for parkland dedication or payment of a fee in lieu of parkland dedication by a developer, shall not require the deeding by the Park District or the City of any previously dedicated parkland back to the developer, the alteration of any deed placed in escrow or any escrow agreement that was a requirement of this chapter, or the repayment to the developer of any fee in lieu of parkland dedication already paid by the developer to the Park District or the City.

M. Limitation on Use of Land and Fees

Any land or fees received by the Park District or the City pursuant to this chapter shall be used only for the purpose of providing parkland to properly serve the future residents of the subdivision or development concerned. Fees paid pursuant to this chapter shall be deposited in a Park District or City fund to be used only for the acquisition of parkland within the City or adjacent to the City. No part of such fees shall be used for the purpose of development or for paying salaries, wages or other general operating expenditures. No deed or fee shall be deposited with the Park District or the City until such time as the Park District or the City certifies that it shall develop and permanently maintain any parkland acquired under the terms of this chapter and shall use fees only for the acquisition of land under the terms of this chapter.

N. Reduction of minimum lot area and minimum lot frontage requirements.

Reduction of minimum lot area and minimum lot frontage requirements by the dedication of additional parkland or the payment of an additional fee in lieu of dedication shall be as provided in the supplemental zoning district requirements of the UDO.

O. Variances

See Section 5.17, Variance Procedure.

P. Violations; Remedies; Penalty

See Section 3.15, Ordinance Enforcement and Penalties.

9.49 Sexually Oriented Business Standards

A. Purpose and Findings

1. Purpose. It is the purpose of this Section to regulate sexually oriented businesses in order to promote the health, safety, and general welfare of the citizens of the City, and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of sexually oriented businesses within the City. The provisions of this Section have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent or effect of this Section to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this Section to condone or legitimize the distribution of obscene material.

2. Findings. Based on evidence concerning the adverse secondary effects of adult uses on communities presented in hearings and in reports made available to the legislature and on findings incorporated in the cases of City of Erie v. Pap's A.M. (2000), 529 U.S. 277; Barnes V. Glen Theatre, Inc. (1991), 501 U.S. 560; City of Renton v. Playtime Theatres, Inc. (1986), 475 U. S. 41; Young v. American Mini Theatres (1976), 426 U. S. 50; California v. LaRue (1972), 409 U.S. 109; DLS, Inc. v. City of Chattanooga (6th Cir. 1997) 107 F.3d 403; East Brooks Books, Inc. v. City of Memphis, (6th Cir. 1995), 48 F.3d 220; Harris v. Fitchville Township Trustees (N.D. Ohio 2000), 99 F. Supp.2d 837; Bamon Corp. v. City of Dayton (S.D. Ohio 1990), 730 F. Supp. 90, aff'd (6th Cir. 1991), 923 F.2d 470; Broadway Books v. Roberts (E.D. Tenn. 1986), 642 F. Supp. 486; Bright Lights, Inc. v. City of Newport (E.D. Ky. 1993), 830 F. Supp. 378; Richland Bookmart v. Nichols (6th Cir. 1998), 137 F.3d 435; Deja Vu v. Metro Government (6th Cir. 1999), 1999 U.S. App. LEXIS 535; Threesome Entertainment v. Strittmather (N.D. Ohio 1998), 4 F.Supp.2d 710; J.L. Spoons, Inc. v. City of Brunswick (N.D. Ohio 1999), 49 F. Supp.2d 1032; Triplett Grille, Inc. v. City of Akron (6th Cir. 1994) 40 F.3d 129; Nightclubs, Inc. V. City of Paducah (6th Cir. 2000), 202 F.3d 884; O'Connor v. City and County of Denver (10th Cir. 1990), 894 F.2d 1210; Deja Vu of Nashville, Inc., et al. v. Metropolitan Government of Nashville and Davidson County (6th Cir. 2001), 2001 U.S. App. LEXIS 26007; State of Ohio ex rel. Rothal v. Smith (Ohio C.P. 2002), Summit C.P. No. CV 01094594; Z.J. Gifts D 2, L.L.C. v. City of Aurora (10th Cir. 1998), 136 F.3d 683; Connection Distrib. Co. v. Reno (6th Cir. 1998), 154 F.3d 281; Sundance Assocs. v. Reno (10th Cir. 1998), 139 F.3d 804; American Library Association v. Reno (D.C. Cir. 1994), 33 F.3d 78; American Target Advertising, Inc. v. Giani (10th Cir. 2000), 199 F.3d 1241; and other cases and on reports of secondary effects occurring in and around adult entertainment establishments in Phoenix, Arizona (1984); Minneapolis, Minnesota (1980); Houston, Texas (1983); Indianapolis, Indiana (1984); Amarillo, Texas (1977); Garden Grove, California (1991); Los Angeles, California (1977); Whittier, California (1978); Austin, Texas (1986); Seattle, Washington (1989); Oklahoma City, Oklahoma (1986); Cleveland, Ohio (1977); Dallas, Texas (1997); St. Croix County, Wisconsin (1993); Bellevue, Washington (1998); Newport News, Virginia (1996); Tucson, Arizona (1990); St. Paul, Minnesota (1988); Oklahoma City, Oklahoma (1986 and 1992); Beaumont, Texas (1982); New York, New York (1994); Ellicottville, New York (1998); Des Moines, Iowa (1984); Islip, New York (1980); Adams County, Colorado (1987); Manatee County, Florida (1987); New Hanover County, North Carolina (1989); Las Vegas, Nevada (1978); Cattaraugas County, New York (1998); Cleburne, Texas (1997); Dallas, Texas (1997); El Paso, Texas (1986); New York Times Square study (1994); Report to ACLJ on the Secondary Impacts of Sex Oriented Businesses (1996); the findings from the Report of the Attorney General's Working Group On The Regulation Of Sexually Oriented Businesses (June 6, 1989, State of Minnesota); and on testimony to Congress in 136 Cong. Rec. S. 8987; 135 Cong. Rec. S. 14519; 135 Cong. Rec. S. 5636, 134 Cong. Rec. E. 3750; and also on findings from the paper entitled "Stripclubs According to Strippers: Exposing Workplace Sexual Violence," by Kelly Holsopple, Program Adult Entertainment Director, Freedom and Justice Center for Prostitution Resources, Minneapolis, Minnesota; and from "Sexually Oriented Businesses: An Insider's View," by David Sherman, presented to the Michigan House Committee on Ethics and Constitutional Law, Jan. 12, 2000; and from various other police reports, testimony, newspaper reports, and other documentary evidence, the City Council finds:

a. Adult entertainment establishments lend themselves to ancillary unlawful and unhealthy activities that are presently uncontrolled by the operators of the establishments. Further, there is presently no statewide mechanism to make the owners of these establishments responsible for the activities that occur on their premises.

b. Certain employees of adult entertainment establishments, as defined in Ohio R.C. 3768.01 as adult theaters and cabarets, engage in a higher incidence of certain types of illicit sexual behavior than employees of other establishments.

c. Sexual acts, including masturbation and oral and anal sex, occur at adult entertainment establishments, especially those that provide private or semiprivate booths or cubicles for viewing films, videos, or live sex shows. The "couch dances" or "lap dances" that frequently occur in adult entertainment establishments featuring live nude or seminude dancers constitute or may constitute the offense of "engaging in prostitution" under Ohio R.C. 2907.25.

d. Offering and providing such space encourages such activities, which creates unhealthy conditions.

e. Persons frequent certain adult theaters, adult arcades, and other adult entertainment establishments for the purpose of engaging in sexual activity within the premises of those adult entertainment establishments.

f. Numerous communicable diseases may be spread by activities occurring in sexually oriented businesses, including, but not limited to, syphilis, gonorrhea, human immunodeficiency virus infection (HIV AIDS), genital herpes, hepatitis salmonella, campylobacter and shigella infections, chlamydial, myoplasmal and ureoplasmal infections, trichomoniasis, and chancroid.

g. Since 1981 and to the present, there have been an increasing cumulative number of reported cases of AIDS caused by the human immunodeficiency virus (HIV) in the United States: 600 in 1982, 2,200 in 1983, 4,600 in 1984, 8,555 in 1985, and 253,448 through December 31, 1992.

h. A total of 10,255 AIDS cases had been reported in Ohio as of January 1999. Ohio has required HIV case reporting since 1990, and the reported information shows 7,969 people living with (HIV) (4,213) and (AIDS) (3,756) in the state.

i. Since 1981 and to the present, there have been an increasing cumulative number of persons testing positive for the HIV antibody test in Ohio.

j. The number of cases of early (less than one year) syphilis in the United States reported annually has risen. 33,613 cases were reported in 1982, and 45,200 cases were reported through November 1990.

k. The number of cases of gonorrhea in the United States reported annually remains at a high level, with over one half million cases being reported in 1990.

l. The Surgeon General of the United States in his report of October 22, 1986, has advised the American public that AIDS and HIV infection may be transmitted through sexual contact, intravenous drug abuse, and exposure to infected blood and blood components, and from an infected mother to her newborn.

m. According to the best scientific evidence, AIDS and HIV infection, as well as syphilis and gonorrhea, are principally transmitted by sexual acts.

n. Sanitary conditions in some adult entertainment establishments are unhealthy, in part, because the activities conducted there are unhealthy, and, in part, because of the unregulated nature of the activities and the failure of the owners and the operators of the facilities to self-regulate those activities and maintain those facilities.

o. The findings noted in divisions 2. a) to n) of this section raise substantial governmental concerns.

p. Adult entertainment establishments have operational characteristics that should be reasonably regulated in order to protect those substantial governmental concerns

B. Classification

Sexually oriented businesses are classified as follows:

1. Adult arcades;

2. Adult bookstores, adult novelty stores, or adult video stores;

3. Adult cabarets;

4. Adult motels;

5. Adult motion picture theaters;

6. Adult theaters;

7. Escort agencies;

8. Semi nude model studios; and

9. Sexual encounter centers.

C. License Required

1. It is unlawful:

a. For any person to operate a sexually oriented business without a valid sexually oriented business license issued by the City pursuant to this chapter;

b. For any person who operates a sexually oriented business to employ a person to work for the sexually oriented business who is not licensed as a sexually oriented business employee by the City pursuant to this chapter.

c. For any person to obtain employment with a sexually oriented business without having secured a sexually oriented business employee license pursuant to this chapter.

2. An application for a license must be made on a form provided by the City. All applicants must be qualified according to the provisions of this chapter.

3. An applicant for a sexually oriented business license or a sexually oriented business employee license shall file with the Enforcement Officer a completed application made on a form prescribed and provided by the City Finance Director. An application shall be considered complete if it includes the information required in this Section. The applicant shall be qualified according to the provisions of this Ordinance. The application shall be notarized. The application shall include the information called for in Divisions a) through f) and where applicable, Division g), of this Subsection as follows: (26-24)

a. The full true name and any other names used in the preceding 5 years.

b. The current business address.

c. Either a set of fingerprints suitable for conducting necessary background checks pursuant to this chapter, or the applicant's Social Security Number, to be used for the same purpose.

d. If the application is for a sexually oriented business license, the name, business location, legal description, business mailing address and phone number of the proposed sexually oriented business.

e. Written proof of age, in the form of either:

i. A copy of a birth certificate and current photo,

ii. A current drivers license with picture, or

iii. Other picture identification document issued by a governmental agency

f. The issuing jurisdiction and the effective dates of any license or permit held by the applicant relating to a sexually oriented business, and whether any such license or permit has been denied, revoked, or suspended, and if so, the reason or reasons therefore.

g. If the application is for a sexually oriented business license, the name and address of the statutory agent or other agent authorized to receive service of process.

The information provided pursuant to Subsections a) through g) shall be supplemented in writing by certified mail, return receipt requested, to the Enforcement Officer within ten working days of a change of circumstances which would render the information originally submitted false or incomplete.

4. The application for a sexually oriented business license shall be accompanied by a sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared, but shall be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus 6 inches.

5. If the person who wishes to operate a sexually oriented business is an individual, he or she shall sign the application for a license as applicant. If the person that wishes to operate a sexually oriented business is other than an individual (such as a corporation), each officer, director, general partner, or other person who will participate directly in decisions relating to management of the business shall sign the application for a license as the applicant. Each applicant must be qualified under Section 9.49, D, and each applicant shall be considered as a licensee if a license is granted.

6. A person who possesses a valid business license is not exempt from the requirement of obtaining any required sexually oriented business license. A person who operates a sexually oriented business and possesses a business license shall comply with the requirements and provisions of this Ordinance, where applicable.

7. The information provided by an applicant in connection with the application for a license under this chapter shall be maintained by the Enforcement Officer on a confidential basis, and may be disclosed only:

a. To other governmental agencies in connection with a law enforcement or public safety function, or

b. As may otherwise be required by law or a court order.

D. Issuance of License

1. Upon the filing of a completed application for a sexually oriented business license or a sexually oriented business employee license, the Enforcement Officer shall issue a temporary license to the applicant, which temporary license shall expire upon the final decision of the Enforcement Officer to deny or grant the license. Within twenty days after the receipt of a completed application, the Enforcement Officer shall either issue a license, or issue a written notice of intent to deny a license, to the applicant. The Enforcement Officer shall approve the issuance of a license unless one or more of the following is found to be true:

a. An applicant is less than 18 years of age.

b. An applicant is delinquent in the payment to the City of taxes, fees, fines, or penalties assessed against or imposed upon the applicant in relation to a sexually oriented business.

c. An applicant has failed to provide all information and documents required for issuance of the license as requested on the application form, or has provided information or documents as requested on the application that are insufficient on their face; provided, however, that no license shall be denied solely on the ground that an applicant has refused to disclose his/her social security number in accordance with the provisions of the Privacy Act of 1974, Pub. L. No. 93 579, § 7(a)(1).

d. An applicant has been convicted of a specified criminal activity. The fact that a conviction is being appealed shall have no effect under this Subsection. For the purpose of this Subsection, "conviction:"

i. Means a conviction or a guilty plea; and

ii. Includes a conviction of any business entity for which the applicant had, at the time of the offense leading to the conviction for a specified criminal activity, a management responsibility or a controlling interest.

e. The license application fee required by this chapter has not been paid.

f. The proposed sexually oriented business is located in a zoning district other than a district in which sexually oriented businesses are allowed to operate under the Unified Development Ordinance, or is not in compliance with the location restrictions established for sexually oriented businesses in the appropriate zoning district(s).

2. An applicant that is ineligible for a license due to Subsection D. 1. d) of this Section may qualify for a sexually oriented business license only when the time period required by the applicable subsection in Article 11, Specified Criminal Activity, has elapsed.

3. The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the number of the license issued to that applicant, the expiration date, and, if the license is for a sexually oriented business, the address of the sexually oriented business. A sexually oriented business employee license shall contain a photograph of the licensee. The sexually oriented business license shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be easily read at any time. A sexually oriented business employee shall keep the employee's license on his or her person or on the premises where the licensee is then working or performing, and shall produce such license for inspection upon request by a law enforcement officer or other authorized city official.

E. Fees

1. The non refundable initial license fee and annual renewal fee for a sexually oriented business license or a sexually oriented business employee license shall be set by the City Council at an amount determined to be sufficient to pay the cost of administering this program, subject to Subsection 2. herein.

2. In no event shall the fees exceed two hundred fifty dollars ($250.00) for the initial license and one hundred twenty five dollars ($125.00) for the renewal fee for a sexually oriented business license. In no event shall the fees exceed one hundred dollars ($100.00) for the initial license, and fifty dollars ($50.00) for the renewal fee, for a sexually oriented business employee license.

F. Inspection

1. For the purpose of ensuring compliance with this chapter, an applicant, operator or licensee shall, from time to time, but no more than four times a year in total, permit city law enforcement officers and official personnel of any other city department or agency with responsibility for enforcement of this chapter, to inspect, during a licensee's regular business hours, that portion of the premises of a sexually oriented business that is open to the public.

2. No inspections other than those described in Division 1. of this Subsection above are permitted to enforce this chapter unless consented to by the applicant, operator or licensee or authorized through issuance of a valid search warrant.

G. Expiration of License

1. Each license shall expire one year front the date of issuance and may be renewed only by making application as provided in Section 9.49 C. An application for renewal shall be made at least thirty days before the expiration date, and when made less than thirty days before the expiration date, the expiration of the license will not be affected.

2. When the City denies renewal of a license, the applicant shall not be issued a license for one year from the date of denial. If, subsequent to the denial, the City finds that the basis for denial of the renewal license has been corrected or abated, the applicant shall be granted a license if at least ninety days have elapsed since the date that the denial became final.

H. Suspension: The City shall issue a written intent to suspend a license for a period not to exceed thirty days if it determines that a licensee or an employee of a licensee has:

1. Violated or is not in compliance with any section of this chapter; or

2. Refused to allow an inspection of the sexually oriented business premises as authorized by this chapter.

I. Revocation

1. The Enforcement Officer shall issue a written statement of intent to revoke a sexually oriented business license if a cause of suspension in Section 9.49 H. occurs and the license has been suspended within the preceding twelve months.

2. The Enforcement Officer shall issue a written statement of intent to revoke a sexually oriented business license if the Officer determines that:

a. A licensee gave false or misleading information in the material submitted during the application process;

b. A licensee has knowingly allowed possession, use, or sale of controlled substances on the premises;

c. A licensee has knowingly allowed prostitution on the premises;

d. A licensee has knowingly operated the sexually oriented business during a period of time when the licensee's license was suspended;

e. A licensee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or other sex act to occur in or on the licensed premises. This Subsection will not apply to an adult motel, unless the licensee knowingly allowed sexual activities to occur either:

i. In exchange for money, or

ii. In a public place or within public view.

3. The fact that a conviction is being appealed shall have no effect on the revocation of the license.

4. When, after the police and hearing procedure described in Section 9.49 J., the Enforcement Officer revokes a license, the revocation shall continue for one year and the licensee shall not be issued a sexually oriented business license for one year from the date revocation becomes effective, provided that, if the conditions of Section 9.49 J. 2. are met, a Provisional License will be granted pursuant to that Section. If, subsequent to revocation, the Enforcement Officer finds that the basis for the revocation found in Divisions 2. a) and 2. d) of this Subsection has been corrected or abated, the applicant shall be granted a license if at least ninety days have elapsed since the date the revocation became effective.

J. Hearing; License Denial, Suspension, Revocation; Appeal.

1. If the Enforcement Officer determines that facts exist for denial, suspension, or revocation of a license under this chapter, the Enforcement Officer shall notify the applicant or licensee (respondent) in writing of the intent to deny, suspend, or revoke the license, including the grounds therefore, by personal delivery, or by certified mail. The notification shall be directed to the most current business address on file with the Enforcement Officer. Within 5 working days of receipt of such notice, the respondent may provide to the Manager, in writing, a response that shall include a statement of reasons why the license or permit should not be denied, suspended, or revoked. Within three days of the receipt of respondent's written response, the Manager shall notify respondent in writing of the hearing date on respondent's denial, suspension, or revocation proceeding.

a. Within 10 working days of the receipt of respondent's written response, the Manager shall conduct a hearing at which respondent shall have the opportunity to be represented by counsel and present evidence and witnesses on his or her behalf. If a response is not received by the Manager in the time stated or, if after the hearing, the Manager finds that grounds as specified in this chapter exist for denial, suspension, or revocation, then such denial, suspension, or revocation shall become final 5 days after the Manager sends, by certified mail, written notice that the license has been denied, suspended, or revoked. Such notice shall include a statement advising the applicant or licensee of the right to appeal such decision to a court of competent jurisdiction.

b. If the Manager finds that no grounds exist for denial, suspension, or revocation of a license, then within five days after the hearing, the Manager shall withdraw the intent to deny, suspend, or revoke the license, and shall so notify the respondent in writing by certified mail of such action and shall contemporaneously issue the license.

2. When a decision to deny, suspend, or revoke a license becomes final, the applicant or licensee (aggrieved party) whose application for a license has been denied, or whose license has been suspended or revoked, shall have the right to appeal such action to a court of competent jurisdiction. Upon the filing of any court action to appeal, challenge, restrain, or otherwise enjoin the City's enforcement of the denial, suspension, or revocation, the City shall immediately issue the aggrieved party a provisional license. The provisional license shall allow the aggrieved party to continue operation of the sexually oriented business or to continue employment as a sexually oriented business employee, as the case may be, and will expire upon the court's entry of a judgment on the aggrieved party's action to appeal, challenge, restrain, or otherwise enjoin the City's enforcement.

K. Transfer or License

A licensee shall not transfer his or her license to another, nor shall a licensee operate a sexually oriented business under the authority of a license at any place other than the address designated in the application.

L. Location of Sexually Oriented Business

1. A person commits a misdemeanor if that person operates or causes to be operated a sexually oriented business in any zoning district other than B PD, Business Planned Development, as defined and described in the Centerville UDO.

2. A person commits an offense if the person operates or causes to be operated a sexually oriented business within 500 feet of the property line of:

a. A church, synagogue, mosque, temple, or building which is used primarily for religious worship or related religious activities;

b. A public or private educational facility including, but not limited to, child day care facilities, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, and universities. "School" includes the school grounds, but does not include facilities used primarily for another purpose and only incidentally as a school;

c. A boundary of a residential district as defined in the UDO;

d. A public park or recreational area which has been designated for park or recreational activities including, but not limited to, a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian bicycle paths, wilderness areas, or other similar public land within the City which is under the control, operation, or management of the City park and recreation authorities;

e. The property line of a lot devoted to a residential use as defined in the UDO;

f. An entertainment business which is oriented primarily towards children or family entertainment; or

g. Any premises licensed pursuant to the alcoholic beverage control regulations of the State.

3. A person commits a misdemeanor if that person causes or permits the operation, establishment, substantial enlargement, or transfer of ownership or control of a sexually oriented business within 1000 feet of another sexually oriented business.

4. A person commits a misdemeanor if that person causes or permits the operation, establishment, or maintenance of more than one sexually oriented business in the same building, structure, or portion thereof, or the increase of floor area of any sexually oriented business in any building, structure, or portion thereof containing another sexually oriented business.

5. For the purpose of Division L. 2. of this Section, measurement shall be made in a straight line, without regard to the intervening structures or objects, from the nearest portion of the building or structure used as the part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a use listed in Subsection L. 2. . The presence of a city, county or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this Section.

6. For purposes of Subsection L. 3. of this Section, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to the intervening structures or objects or political boundaries, from the closest exterior wall of the structure in which each business is located.

M. Regulations Pertaining to Exhibition of Sexually Explicit Films, Videos, or Live Entertainment in Viewing Rooms

1. A person who operates or causes to be operated a sexually oriented business (other than an adult motel) which exhibits on the premises, in a viewing room of less than 150 square feet of floor space, a film, video cassette, live entertainment, or other electronic reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:

a. Upon application for a sexually oriented license, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager's stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed thirty two square feet of floor area. The diagram shall also designate the place at which the permit, if granted, will be conspicuously posted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches. The City may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.

b. The application shall be sworn to be true and correct by the applicant.

c. No alteration in the configuration or location of a manager's station may be may be made without the prior approval of the City.

d. It is the duty of the licensee of the premises to ensure that at least one licensed employee is on duty and situated in each manager's station at all times that any patron is present inside the premises.

e. The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises has two or more managers stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this Subsection must be by direct line of sight from the manager's station.

f. It shall be the duty of the licensee to ensure that the view area specified in Division e) of this Subsection remains unobstructed by any doors, curtains, partitions, walls, merchandise, display racks, or other materials and, at all times, to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to Division k) of this Subsection.

g. No viewing room may be occupied by more than one person at any time.

h. The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than five foot candles as measured at the floor level.

i. It shall be the duty of the licensee to ensure that the illumination described above is maintained at all times that any patron is present in the premises.

j. No licensee shall allow openings of any kind to exist between viewing rooms or booths.

k. No person shall make or attempt to make an opening of any kind between viewing booths or rooms.

l. The licensee shall, during each business day, regularly inspect the walls between the viewing booths to determine if any openings or holes exist.

m. The licensee shall cause all floor coverings in viewing booths to be nonporous, easily cleanable surfaces, with no rugs or carpeting.

n. The licensee shall cause all wall surfaces and ceiling surfaces in viewing booths to be consisted of, or permanently covered by, nonporous, easily cleanable material. No wood, plywood, composition board, or other porous material shall be used within forty eight inches of the floor.

2. A person having a duty under Division a) through n) of Subsection 1. herein commits a misdemeanor if he or she knowingly fails to fulfill that duty.

N. Additional Regulations for Escort Agencies

1. An escort agency shall not employ any person under the age of 18 years.

2. A person commits an offense if the person acts as an escort, or agrees to act as an escort, for any person under the age of 18 years.

O. Additional Regulations Concerning Public Nudity

1. It shall be a misdemeanor for a person to knowingly and intentionally in a sexually oriented business, appear in a state of nudity or engage in specified sexual activities.

2. It shall be a misdemeanor for a person to knowingly or intentionally, in a sexually oriented business, appear in a semi nude condition, unless the person is an employee who, while semi nude, is at least six feet from any patron or customer and on a stage at least two feet from the floor.

3. It shall be a misdemeanor for an employee, while semi nude in a sexually oriented business, to receive directly any pay or gratuity from any patron or customer, or for any patron or customer to pay or give any gratuity directly to any employee, while that employee is semi nude in a sexually oriented business.

4. It shall be a misdemeanor for an employee, while semi nude, to knowingly and intentionally touch a customer or the clothing of a customer.

P. Prohibition Against Children in a Sexually Oriented Business

A person commits a misdemeanor if the person knowingly allows a person under the age of eighteen years on the premises of a sexually oriented business.

Q. Hours of Operation

No sexually oriented business, except for an adult motel, may remain open at any time between the hours of 1:00 A.M. and 8:00 A.M. on weekdays and Saturdays, and 1:00 A.M. and 12:00 P.M. on Sundays.

R. Exemptions

It is a defense to prosecution under Subsection O. that a person appearing in a state of nudity did so in a modeling class operated:

1. By a proprietary school, licensed by the State of Ohio, a college, junior college, or university supported entirely or partly by taxation;

2. By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or

3. In a structure:

a. Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and

b. Where, in order to participate in a class, a student must enroll at least three days in advance of the class; and

c. Where no more than one nude model is on the premises at any one time.

S. Violations; Remedies; Penalty

See Section 3.15, Ordinance Enforcement and Penalties.

9.51 Sign Standards

A. Purpose

The purpose of this sign section of the Ordinance is to:

1. Protect each person's Constitutional right to freedom of speech;

2. Protect the public health, safety, convenience, comfort, prosperity, and general welfare.

3. Show respect for citizens' need for self expression;

4. Promote the use of signs that are aesthetically pleasing, of appropriate scale, and integrated with surrounding buildings and landscape, in order to meet the City's expressed desire for quality development;

5. Protect the public from a traffic safety concern by addressing driver fatigue, impairment, judgment, error, risk taking, and traffic violations that could occur from the distraction of electronic, changeable copy, or moving/rotating signs.

B. Objectives

This section regulates the time, place, and manner in which signs are displayed to achieve the following:

1. Primary Objectives:

a. Permit non-commercial signs on any property within the City;

b. Permit signs without unconstitutionally regulating the information conveyed by each sign;

c. Permit signs which do not create a potential hazard to the public safety;

d. Permit commercial signs appropriate to the land use and/or zoning classification of each property within the City.

2. Secondary Objectives:

a. To create a more aesthetically-pleasing City;

b. To eliminate visual clutter within the City.

C. Prohibited Signs and Sign Characteristics

1. Any sign or part thereof which is erected within or above a public right-of-way shall be prohibited. This provision shall specifically apply to any sign conveying a commercial or a non-commercial message including a political sign.

2. Any sign erected at or near any intersection of any streets in such a manner as to obstruct free and clear vision, or at any location where by reason of position, shape, or color, it may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or device, or which makes use of the word "stop", "look", "danger", or other word phrase or symbol in such a manner as to interfere with, mislead, or confuse traffic shall be prohibited.

3. Any sign mounted onto, above, or incorporated into, the roof of any building shall be prohibited unless otherwise specifically permitted by this ordinance.

4. Any lighter-than-air or inflatable sign situated on, attached or tethered to a premises, structure or vehicle shall be prohibited. A balloon measuring up to, but not exceeding 24 inches in any dimension and is situated on, tethered or attached to the premises of a single-family, two-family, or 3-4 family dwelling unit shall be exempt provided said balloon is not displayed in conjunction with any other sign as defined by this UDO.

5. RESERVED (Ord. 16-20)

6. Any sign utilizing an artificial illumination device which radiates intensity, beam spread, glare, or color which interferes with the vision of persons not located on the premises shall be prohibited.

7. Any sign utilizing a fixed or mobile beacon, strobe light, searchlight, signaling light, spotlight or similar apparatus, equipment or device, which is directed above or outside of a premises in such a manner so as to attract an unusual amount of visual attention of persons not located on the premises shall be prohibited.

8. Any sign or part there of which utilizes flame as a source of light shall be prohibited.

9. Any sign utilizing an energized lamp bulb where the surface of the bulb is directly visible to persons not located on the premises shall be prohibited.

10. Any sign conveying misleading or unlawful commercial information shall be prohibited.

11. Any sign which conveys visual information that is obscene, indecent, or immoral shall be prohibited.

12. A vehicle mounted sign shall be prohibited.

D. General Provisions

A sign shall be designed, erected, altered, reconstructed, moved and maintained in accordance with the provisions of Section 9.51 of this Ordinance unless specifically modified by another Section of this Ordinance.

1. Permits Required: A Zoning Permit shall be obtained for erection, construction, relocation, or alteration of any sign unless exempted by the City Development Department. A sign shall comply with all City zoning, building, electrical, and fire codes. (26-24)

2. Nonconforming Signs: See: Non-Conforming Lots, Non-Conforming Uses of Land, Non-Conforming Structures, Non-Conforming Uses of Structures and Premises, and Non-Conforming Characteristics of Use Section of this Ordinance.

3. Maintenance of Signs: Every sign, whether requiring a sign permit or not, shall be maintained in a safe, presentable, and good structural condition at all times, including the replacement of a defective part, painting, cleaning, and other acts required for the maintenance of said sign.

4. Dangerous or Defective Signs Not Permitted: A sign in dangerous or defective condition shall not be permitted on any premises. Any such sign shall be removed or repaired.

5. Removal of Dangerous or Defective Signs: The City Manager or designee may immediately remove or cause to be removed any dangerous or defective sign which, in the opinion of the City Planner or designee, creates an immediate or potential danger to persons or property due to structural deficiencies, inadequate maintenance, or because of the location of the sign.

6. Removal of Unlawful Sign in the Public Right-of-Way: The City Manager or designee may remove or cause to be removed any unlawful sign in the public right-of-way. The sign will be destroyed or disposed of within 10 days of removal unless claimed by owner.

7. Duration of a Permitted Sign: Any sign permitted in this Ordinance shall be considered to be a permanent sign unless otherwise stated in this Ordinance.

8. Sign Face Materials for a Permanent Sign: The sign face of a permanent sign may be constructed using rigid and opaque materials. The use of non-durable materials such as vinyl, PVC, corrugated plastic or paper, cardboard, plywood, particle board, or foam shall be prohibited. Other materials that are rigid and opaque that are not specifically prohibited by this ordinance may be approved by the City Planner on a case by case basis. See Article 9.51(H) for permitted sign face materials in the Architectural Preservation District. (Ord. 17-13)

9. Sign Location with Respect to Frontages: Sign area permitted by virtue of a premises having lot frontage or building frontage shall be located only along that frontage which generated the permitted sign area, unless otherwise noted in Article 9.51 of the UDO. (Ord. 18-16)

10. Non-Commercial Flags. A flag conveying non-commercial information provided the number of flags does not exceed 3 on any premises, and provided the sign face area of any flag shall not exceed 60 square feet.

11. Installation of Flagpole in Sidewalk. A property owner may install an American Flag in the public right-of-way adjacent to his property in accordance with the provisions of Ohio Revised Code 723.012 titled "Installation of flagpole in sidewalk".

12. Window Sign. Any sign located inside or behind a window shall not be subject to any provisions of this Ordinance, except the Prohibited Signs and Sign Characteristics contained in this Ordinance, provided that the window sign is located in a building where a commercial or an industrial use is permitted as a principal use, and provided that not more than 25 percent of the area of any window is devoted to window signage. While multiple signs are permitted, only one sign may be internally illuminated. Any lighted sign larger than four (4) square feet shall receive approval from the City Planner so that the sign does not exceed brightness, scale, surrounding environment, particularly with respect to nearby residential properties and drivers within the public right-of-way. (Ord. 20-22)

13. Non-Commercial Messages: Non-commercial information may be conveyed by any sign permitted under this Ordinance.

14. Commercial Messages: All commercial information conveyed by any sign permitted under this Ordinance must pertain to the premises on which the sign is located.

15. A permanent sign may have an internal rotation that does not extend beyond the sign area when in motion. A sign with any other external rotation with visible moving, revolving, rotating parts, visible mechanical movement or conveys at any time the visual sensation or appearance of motion, or presents a non-constant visual image to the eye of an observer shall be prohibited. (Ord. 16-20)

16. RESERVED (Ord. 16-20)

17. Directional Signs: In addition to any other permanent or temporary sign permitted elsewhere in this Ordinance, permanent or temporary sign(s) which convey information which pertains to the direction of traffic movement onto or within a premises shall be permitted provided that:

a. The sign face area shall not exceed two square feet and the sign area shall not exceed four square feet.

b. Sign height shall not exceed three feet if located within 25 feet of a public right-of- way or eight feet in height in any other location.

c. The sign shall be located outside any public right-of-way, but shall not be subject to the general ground sign setback provision.

d. The sign shall pertain to the premises on which it is located.

e. When located in the Architectural Preservation District, the sign shall comply with all the general design standards and general provisions applicable to signs located within the Architectural Preservation District.

f. A wall mounted directional sign may be placed at the entrance to any drive-thru window.

18. Ground Signs

a. Setback. Any permanent or temporary ground sign or any part thereof shall be located outside the public right-of-way.

b. Lot Frontage. Ground signs shall generate sign area based upon lot frontage on a public right-of-way of at least 50 feet in width. Corner lots and through lots shall have only one lot frontage for the calculation of permitted ground sign area. (Ord. 18-16)

c. Landscaping Requirements. A permanent ground sign shall require a single continuous landscaped area to be maintained beneath the sign in accordance with the following standards:

i. The minimum landscaped area shall be equal to the area of the sign face.

ii. The landscaped area shall include all points where sign structural supports attach to the ground.

iii. Where the required landscaped area is adjacent to a paved surface accessible to vehicular traffic, a raised non-mountable curb suitable to prevent the encroachment of vehicles shall be required. The minimum distance between the face of any required curb and any part of the sign shall be 30 inches.

iv. The landscaping shall frame or accent the sign in an aesthetically pleasing manner with a mixture of shrubs and ground cover plants. The use of concrete, asphalt or any other paved surface inside the required landscaped area beneath the sign shall be prohibited. (Ord. 18-16)

19. Projecting Signs

a. Shall not be less than eight feet in height above a sidewalk and 15 feet in height above a driveway.

b. Shall be attached to the building wall at an angle of 90 degrees and no part of the sign shall project more than four feet from the wall.

c. Shall not mask or interrupt a major architectural feature (such as, but not limited to, doors, windows, or trim).

d. Shall not extend higher on the wall than the bottom height of any second story window.

20. Wall Signs

a. Shall not extend more than 12 inches from the wall of the building upon which it is mounted.

b. Shall be inclined from the vertical only to the extent necessary for conformity to the general contour of the wall to which the sign is mounted.

c. Shall not extend above the top of the wall and shall not extend beyond the limits of any wall to which they are attached.

d. Shall not mask or interrupt a major architectural feature (such as, but not limited to, doors, windows, or trim).

e. Shall have hidden structural supports.

21. Temporary Signs

a. The illumination of a temporary sign shall be prohibited.

b. Temporary Real Estate Signs. In addition to any other temporary sign permitted elsewhere in this Ordinance on a premises, one additional temporary sign per lot frontage shall be permitted which complies with the following requirements:

i. Conveys information which pertains only to the "for sale"," for lease", or "for rent" status of the premises on which the sign is located. Information such as but not limited to, "Sold", "leased", or "rented" shall not be permitted on a sign under this provision. (Ord. 17-13)

ii. Single-family, Two-family Residential Uses and Multi-Family Residential Units (Ord. 17-13)

1) The sign area shall not exceed 12 square feet and the sign face area shall not exceed six square feet.

2) Sign height shall not exceed 4 feet.

3) The sign shall be either a ground or a wall sign.

4) A sign permit shall not be required.

iii. Non-residential and Undeveloped Land Uses (Ord. 17-13)

1) The sign area shall not exceed 12 square feet and the sign face area shall not exceed six square feet for properties with a frontage of 100 linear feet or less.

2) The sign area shall not exceed 32 square feet and the sign face area shall not exceed 16 square feet for properties with a frontage greater than 100 linear feet.

3) The sign area shall not exceed 64 square feet and the sign face area shall not exceed 32 square feet for properties with a frontage of 200 linear feet or greater.

4) A sign shall not exceed 6 feet in height.

5) A sign permit shall not be required.

c. Temporary Signs Advertising Non-Commercial Events Not Occurring on the Property on Which the Sign Is Located

i. Any sign which advertises or is related to a non-commercial event which said event is not to occur on the property on which the sign is situated shall not be displayed more than 30 days prior to the date to which it relates and shall be removed by midnight of the third day following the event to which it relates.

ii. Any temporary sign under this provision shall display noncommercial information only.

d. A sign having an electronic message center shall be prohibited.

e. Any temporary sign with visible moving, revolving, rotating parts, visible mechanical movement or conveys at any time the visual sensation or appearance of motion, or presents a non-constant visual image to the eye of an observer shall be prohibited. (Ord. 16-20)

f. Temporary Signs for New Businesses

New businesses that have received a zoning certificate and building occupancy permits are allowed a temporary sign for 30 days. A permit is not required and this does not count towards the annual, half-calendar or quarter of a calendar year time requirement. Only one sign is permitted per premise and it must meet the size, material and location requirements of the Unified Development Ordinance for the zoning district that it is located. This allowance is only valid for a period within six months of the opening of the business. (Ord. 16-20)

22. Signs at Unoccupied Building or Tenant Spaces. Any sign face identifying a business no longer in operation at a subject location shall be removed no later than 45 days from the date the business vacates the building or tenant space, or by a scheduled a date approved by the City Planner. (Ord. 18-16)

E. Signs Permitted for Undeveloped or Agricultural Land

1. Residential Zoned Land (Excluding the Architectural Preservation District)

a. Permanent Signs

i. Permanent sign(s) shall be prohibited.

b. Temporary Signs

i. Only one temporary sign shall be permitted on each premises.

ii. Shall not exceed 12 square feet in sign area plus one additional square foot of sign area for everyone-half acre of land above 6 acres not to exceed 64 square feet in sign area. The sign face area shall not exceed one-half the sign area.

iii. Shall be a maximum of 6 feet in height.

iv. May be displayed a maximum of 90 days out of each calendar year.

2. Non-Residential or Agriculturally Zoned Land (Excluding the Architectural Preservation District)

a. Permanent Signs

i. Permanent sign(s) shall be prohibited.

b. Temporary Signs

i. Shall be limited to the same requirements for temporary signs for business, industrial, and other non-residential uses.

3. Architectural Preservation District (APD)

a. Permanent Signs

i. Permanent sign(s) shall be prohibited.

b. Temporary Signs

i. Shall be limited to the same requirements that apply to temporary signs in the APD permitted for business and other non-residential uses.

F. Signs Permitted for Residential Uses

1. Single or Two-Family Residential Use

a. General

i. A sign permit for a temporary sign shall not be required.

ii. No sign may be illuminated.

iii. Projecting signs shall be prohibited.

iv. A sign having an Electronic Message Center shall be prohibited.

b. Ground Signs

i. Permanent ground signs shall be prohibited on any individual lot as defined by this ordinance.

ii. A permanent ground sign may be permitted on a reserve parcel or other lands owned in common by residents living with a specific neighborhood, a neighborhood group or association for the purpose of identifying their neighborhood.

1) A neighborhood identification sign must be located at the entrance to a neighborhood and fronting on a thoroughfare street as defined on the official Thoroughfare Plan.

2) A maximum of one, single-face sign shall be permitted at each neighborhood entrance.

3) A sign shall have a maximum area of 15 square feet.

4) A sign shall have a maximum height of 6 feet.

5) A sign shall be mounted onto a brick, stone, or keystone wall, wood, or wrought iron fence, or earthen mound and the entire area shall be landscaped.

6) A Zoning Certificate shall be required before a ground sign may be constructed. Plans for all signs including location, fences, walls or earth mounds and landscaping shall be submitted for approval.

Figure 9.10: Example Neighborhood Ground Sign

Figure 9.11: Example Site Plan for a Neighborhood Ground Sign

c. Wall Signs: Only 1 wall sign shall be permitted on each dwelling unit and each sign shall not exceed two square feet in sign area.

d. Temporary Signs

i. Only temporary ground signs shall be permitted.

ii. A temporary ground sign advertising a garage sale to be held on the premises shall be displayed for a period of time not to exceed three days maximum in any one evenly divided quarter of a calendar year for that premises.

iii. The sign face shall not exceed six square feet in area and the sign area shall not exceed 12 square feet.

iv. The sign height shall not exceed 4 feet.

v. The sign shall be located outside any public right-of-way, but shall not be subject to the general ground sign setback provision.

2. Multi-Family Residential Use

a. General

i. No sign shall be internally illuminated. Only external artificial light sources directing light to the sign face shall be permitted.

1) The color of any energized lamp used shall be white or yellow.

2) Light fixtures shall be positioned in a manner that focuses light onto a sign face to prevent glare to persons off-premises and the fixture lens or bulb shielded from public view.

ii. A sign having an electronic message center shall be prohibited.

iii. Projecting signs or wall signs with a sign area larger than two square feet shall be prohibited.

b. Ground Signs

i. Only 1 sign shall be permitted on each premises. However, the 2 sign faces of a ground sign may be split into 2 signs and situated on both sides of the main entrance to a multi-family development providing:

1) Each sign shall have only 1 sign face.

2) The sign face area shall not exceed the maximum sign face area permitted by this ordinance.

3) Each sign shall be incorporated into a fence, wall, or earth mound and the entire area shall be landscaped.

4) A Zoning Certificate shall be required before a ground sign may be split. Plans for all signs including all fences, walls or earth mounds and landscaping shall submitted for approval.

ii. The sign height shall not exceed 6 feet.

iii. The permitted sign area shall not exceed 1 square foot of sign area per 10 linear feet of lot frontage and shall not exceed 32 square feet in sign face area or 64 square feet in sign area.

c. Temporary Signs

i. Temporary projecting and wall signs shall be prohibited.

ii. Only one temporary ground sign shall be permitted for a period of time not to exceed 30 days maximum in any evenly divided one-half of a calendar year.

iii. The sign height shall not exceed 6 feet.

iv. The sign area shall not exceed one-half square foot of sign area per 10 linear feet of lot frontage and the area of the sign face shall not exceed 12 square feet and the sign area shall not exceed 24 square feet.

G. Signs Permitted for Business, Industrial, or Other Non-Residential Uses (Excluding the Architectural Preservation District)

1. General Provisions

a. No sign shall be located in such a manner as to be primarily viewed from residential property.

b. Sign Illumination (Ord. 16-20)

Any illuminated sign or lighting device shall employ only light emitting a light of constant intensity, and no sign shall be illuminated by or contain flashing, intermittent, rotating or moving lights, or incorporate reflective materials which imitate or create the illusion of flashing or moving lights. In no event shall an illuminated sign or lighting device be placed or directed so as to permit the beams and illumination therefrom to be directed or beamed upon a public thoroughfare, highway, sidewalk or adjacent premises so as to cause glare or reflection that may constitute a traffic hazard or other nuisance. Signs shall not be lighted in a manner which obstructs traffic control or any other public informational signs. Signs visible from sight lines along streets shall not contain symbols or words, or red and green lights that resemble highway traffic signs for devices. These regulations shall not apply to holiday display lighting.

i. A permanent sign may be illuminated.

ii. A permanent sign for a business, industrial, or non-residential use where such use is located in a residential zoning district and the parcel where the use is situated does not have frontage to a thoroughfare street as defined by the Centerville Thoroughfare Plan shall not be internally illuminated.

iii. A temporary sign shall not be illuminated.

iv. No temporary sign shall incorporate movement or the illusion of movement.

c. A sign may include an Electronic Message Center subject to the following requirements: (Ord. 7-18; 16-20)

i. The sign must be located in a non-residential zoning district.

ii. The electronic message center shall be limited to a maximum of 60% of the total sign face area not to exceed 24 square feet in area per side.

iii. The surface area of the remaining portion of the sign face shall be a solid and opaque surface.

iv. A sign having an electronic message center shall only be placed along the frontage of a thoroughfare street as defined by the Centerville Thoroughfare Plan.

v. Static, fixed message. A sign must convey a static, fixed message. A static, fixed message under the provisions of this section of the ordinance means a sign message must remain as a constant visual image for at least one (1) minute. The transition time between images must be instantaneous without a transition period.

vi. Electronic Message Center (EMC), Night-Time Illumination

(a) Illuminance shall be measured with the EMC off, and again with the EMC displaying a white image for a full color-capable EMC or a solid message for a single-color EMC. All measurements shall be taken as close as practical to a perpendicular plane with the sign at a distance in accordance with the following formula:

Measurement Distance =

The difference between the off and solid-measurements shall not exceed 0.3 Footcandles at night.

(b) An Electronic Message Center shall have automatic illumination dimming technology to comply with the 0.3 Footcandle measurement requirements.

2. Ground or Projecting Signs

a. Only one ground or projecting sign shall be permitted on a premises.

b. The ground or projecting sign shall not exceed one-half square foot of sign area per one linear foot of lot frontage not to exceed 32 square feet in sign face area or 64 square feet in sign area.

c. Ground signs shall be a maximum height of 6 feet at the minimum sign setback line and for every additional 5 feet of sign setback, 1 foot may be added to the sign height not to exceed a total sign height of 16 feet.

d. A property owner may exchange the permitted ground sign for a wall sign(s) provided:

i. The sign area for this wall sign shall not exceed the sign face area of the ground sign that is permitted to the property by this ordinance.

ii. The wall sign that is exchanged for a ground sign shall be located on a building wall that is not used to generate permitted wall signage for this property.

iii. The building wall used to locate this wall sign shall not primarily face towards an abutting residential use nor toward a residential use across a street having a right-of-way width less than 82 feet as defined in the Thoroughfare Plan for the City of Centerville.

iv. No other ground sign shall be permitted on the premises unless otherwise permitted by this ordinance. Other ground signs permitted by this ordinance include but are not limited to temporary and directional signs.

v. A sign permit shall be required before a ground sign may be exchanged for a wall sign. (Ord. 18-16)

3. Wall Signs

a. The total sign area of all wall signs shall not exceed one and one-half square feet of sign area per one linear foot of building frontage. (Ord. 18-13)

b. In the case of a building with a pitched roof that overhangs a wall at the ground floor level in a manner that precludes the practical placement of a wall sign on any part of the wall of the building, that portion of the roof surface that overhangs the wall shall be considered part of the wall and a wall sign may be located on that overhanging roof surface provided that no part of the sign extends more than 3 feet from the roof surface and that the sign height does not exceed 2 feet. Before a sign permit may be issued for any sign under this provision, a site plan for zoning must be approved by the City.

c. No more than three signs may be displayed on a building frontage. The total sign area of all signs displayed shall not exceed the maximum sign area permitted by this ordinance. (For multi-tenant buildings, a building frontage is the individual tenant space as defined by this ordinance).

d. In cases where a building has more than one public street frontage, the permitted wall sign area may be distributed across multiple public street frontages. However, no more than 50% of the total permitted wall sign area may be located on one or more secondary frontage(s). (Ord. 18-13, 18-16)

4. Temporary Signs

a. Ground or Projecting Signs (Temporary) (Ord. 16-20)

i. Only one temporary ground or projecting sign, for a period of time not to exceed 45 days maximum in any one calendar year, shall be permitted on each premises.

ii. For a premises having two (2) or more non-residential uses, only one temporary ground or projecting sign, for a period of time not to exceed 45 days maximum in any one calendar year, shall be permitted by any one non-residential use provided only one temporary ground or projecting sign is displayed on a premises at any one (1) time.

iii. The Planning Commission may approve a request for a temporary ground or projecting sign exceeding the above stated period of time.

iv. The sign area shall not exceed one-quarter square foot of sign area per one linear foot of lot frontage not to exceed 16 square feet in sign face area or 32 square feet in sign area.

v. The sign height shall not exceed 6 feet.

vi. Temporary projecting signs shall be prohibited.

b. Wall Signs (Temporary) (Ord. 16-20)

i. Only one temporary wall sign, for a period of time not to exceed 30 days maximum in any one evenly divided quarter of a calendar year, shall be permitted for any building frontage of a premises.

ii. The sign area shall not exceed the square footage of 3/10 of the building frontage not to exceed 40 square feet.

c. Temporary Signs during Construction (Ord. 7-18)

i. One (1) temporary ground, projecting, or wall sign meeting the requisite criteria in parts (a) or (b) above may be displayed on the premises during construction. The sign shall be removed upon the commencement of business on the premises. A permit shall not be required.

H. Signs Permitted for the Architectural Preservation District (APD) (Ord. 7-18)

1. Approvals Required (APD): Refer to Section 5.09 of the UDO.

2. General Design Standards (APD)

The type, size, height, number, placement, materials, and illumination of a sign shall complement the architecture of the buildings(s) located on the premises.

3. General Provisions (APD) (Ord. 20-22)

a. The sign face may be constructed using rigid and opaque materials such as wood, composition wood, metal, MDO board, or an equivalent material acceptable to the City Planner. (Ord. 7-18)

b. The applicant must obtain a condition of approval from the Board of Architectural Review for use of translucent sign materials such as certain types of plastics, vinyl, glass, and/or fiberglass. Signs with translucent materials shall meet the following standards for the Board of Architectural Review's approval.

i. The proposal shall not be located on any historic architecture or building.

ii. The application shall be consistent with the design guidelines set forth in the Design Review Criteria.

c. The use of corrugated plastic or paper, cardboard or foam shall be prohibited.

d. Sign Illumination.

Any illuminated sign or lighting device shall employ only light emitting a constant intensity, and no sign shall be illuminated by or contain flashing, intermittent, rotating or moving lights, or incorporate reflective materials which imitate or create the illusion of flashing or moving lights. In no event shall an illuminated sign or lighting device be placed or directed so as to permit the beams and illumination therefrom to be directed or beamed upon a public thoroughfare, highway, sidewalk or adjacent premises so as to cause glare or reflection that may constitute a traffic hazard or other nuisance.

Signs shall not be lighted in a manner which obstructs traffic control or any other public informational signs. Signs visible from sight lines along streets shall not contain symbols or words, or red and green lights that resemble highway traffic signs for devices. These regulations shall not apply to holiday display lighting.

The following regulations apply to the illumination of signs within the Architectural Preservation District:

i. A permanent sign may be illuminated.

a. Unless Board of Architectural Review approval is required by the Unified Development Ordinance or the Design Review Criteria, an externally illuminated sign may be approved by City Staff if the proposed use meets the regulations of the Unified Development Ordinance and Design Review Criteria.

b. An internally illuminated wall sign may be specifically approved by the Board of Architectural Review. The Board shall consider the following standards when reviewing these applications:

(1). The internally illuminated sign shall compliment the character, scope, scale, and design of the building to which it is attached.

(2). The internally illuminated sign shall integrate with the surrounding building environment and not conflict in size, scale, design, and historical significance.

ii. The luminance of the internally illuminated sign may not exceed 150 nits during daytime hours and more than 50 nits during nighttime hours, between sunset and sunrise from a distance measured 50 feet away from the sign.

iii. The color of any external artificial lights used shall be white or yellow.

iv. Halo lighting behind a sign is permitted, as long as the light is soft and used as an accent for the sign that does not increase the sign area more than 10%. The only permitted halo light colors for this use are white and yellow.

v. Electronic Message Center signs are prohibited in the Architectural Preservation District.

vi. A temporary sign shall not be illuminated.

vii. No temporary sign shall incorporate movement or the illusion of movement.

4. Signs for Residential Uses (APD)

a. All signs are subject to the standards and requirements contained in the sub-section entitled "Signs for Residential Uses" of this Sign Ordinance; however, the procedures contained in this sub-section shall apply.

5. Signs for Business, Other Non-Residential, or Mixed Business and Residential Uses (APD)

a. Ground Signs (APD) (Ord. 7-18)

i. One ground sign shall be permitted on each premises.

ii. Ground sign area shall not exceed one-quarter of a square foot in sign area per linear foot of lot frontage, nor 16 square feet in sign face area.

iii. A ground sign shall be a maximum of 6 feet in height.

iv. A ground sign may be exchanged for a wall sign provided:

1) The sign area for this wall sign shall not exceed the sign face area of the ground sign that is permitted to the property by this ordinance.

2) The wall sign that is exchanged for a ground sign shall be located on a building wall that is not used to generate permitted wall signage for this property.

3) The building wall used to locate this wall sign shall not primarily face towards an abutting residential use nor toward a residential use across a street having a right-of-way width less than 82 feet as defined in the Thoroughfare Plan for the City of Centerville.

4) No other ground sign shall be permitted on the premises unless otherwise permitted by this ordinance. Other ground signs permitted by this ordinance include but are not limited to temporary and directional signs.

b. Wall or Projecting Signs (APD) (Ord. 7-18, 20-22)

i. Two wall signs per business shall be permitted.

ii. Total wall or projecting sign area shall not exceed one-half of a square foot of sign area per linear foot of building frontage along a public street or one-third of a square foot of sign area per linear foot of building frontage along a public park or public parking lot, nor 36 square feet in sign area for any one sign.

iii. The overall width of a wall sign shall not exceed more than 60 percent of the width of the wall on which it is located.

iv. A wall or projecting sign shall not extend higher on the wall than the top height of any second story window.

v. The wall or projecting sign may only be located along the front facade of the building used to calculate the sign area or on the facade of the building that is adjacent to a public parking lot or public space.

vi. The projecting sign may not project into the public right-of-way.

c. Temporary Signs and Daily Display Signs (APD) (Ord. 18-16)

i. A daily display sign shall be a ground sign.

ii. A daily display sign shall not exceed 6 square feet in sign face area.

iii. A daily display sign shall be a maximum of 4 feet in height.

iv. A daily display sign shall be located near the front porch or stoop on a level surface outside of the public right-of-way in a manner that does not conflict with existing pedestrian and vehicular paths of travel.

v. A daily display sign shall be displayed only during the normal hours of operation of a business.

vi. The sign type, design, materials, and color shall be in general accordance with the Temporary Signs standards established in the Design Review Criteria.

vii. A Sign Permit shall not be required.

viii. In-lieu of a daily display sign, the City Planner may approve a temporary ground or wall sign subject to the following requirements:

1) Only one temporary sign may be displayed a maximum of 30 days in each evenly divided half of a calendar year for a business on a premises.

2) A temporary ground signs shall have a maximum height of six feet.

3) A temporary wall sign shall not mask, cover or conceal any window or significant architectural feature of a building.

4) A temporary sign shall not exceed 12 square feet in sign face area

5) The sign material shall be composed of an opaque, durable material and properly secured so as to prevent detachment from the sign posts or building wall.

ix. Illumination of a temporary or daily display sign shall be prohibited.

9.53 Supplemental Standards for Zoning Districts

A. Requirements Applicable to All Zoning Districts

1. Environmental Requirements

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

a. Air Pollution

Air pollution shall be subject to the requirements and regulations established by the Ohio Environmental Protection Agency and the Regional Air Pollution Control Agency of the Montgomery County, Ohio Combined General Health District.

b. Electrical Disturbance

No activities shall be permitted which emit electrical disturbance affecting the operation of any equipment other than that of the creator of such disturbances. Any generated electrical disturbance shall comply with all applicable regulations of the Federal Communications Commission.

c. Erosion

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

d. Fire and Explosion Hazards

Adequate safety devices shall be provided where there are activities involving burning or storage of flammable or explosive materials, adequate safety devices shall be provided at any point. Adequate safety devices against the hazards of fire and explosion and adequate fire fighting and fire suppression equipment and devices, standard in the industry shall be provided. Burning of waste materials in open fire is prohibited.

e. Glare and Heat

i. Any operation producing intense light or heat, such as high temperature processes like combustion or welding, shall be performed within an enclosed building and shall not be visible beyond any lot line bounding the premises.

ii. Welding that is required for exterior construction of a structure shall be exempt from these regulations.

f. Liquid or Solid Wastes

i. No discharge at any point into any public sewer, private sewerage disposal system, stream, or into the ground, of any materials of such nature or tempera-ture as can contaminate any water supply, interfere with bacterial processes in sewage treatment, or otherwise cause the emission of dangerous or offensive elements, shall be permitted, except in accordance with minimum standards approved by the Montgomery County Health Department, the Ohio Department of Health, the Ohio Environmental Protection Agency, or such other governmental agency as shall have jurisdiction over such activities.

ii. The use of dumpsters or other types of reasonably accessible waste containers for the disposal of potentially dangerous liquid or solid waste materials shall not be permitted.

iii. The storage of large quantities of toxic material shall be prohibited.

g. Odors (Ord. 7-18)

No objectionable odor shall be emitted by any use permitted in any district in such quantities as to be readily detectable on a persistent basis by a person not located on the premises. Temporary or intermittent odors shall be exempt.

h. Radioactive Materials

No activities shall be permitted which utilize fissionable or radioactive materials if their use results at any time in the release or emission of any fissionable or radioactive material into the atmosphere, the ground, or sewerage systems.

i. Sound

i. No premises shall emit, beyond any lot line bounding the premises, sound in excess of the maximum sound levels permitted by this ordinance, except that when the existing ambient sound level is at or above the maximum permitted sound level. A premises may not add more than 3 dBA to the existing ambient sound level.

ii. Sound level (dBA) shall mean the "A" weighted measurement of a sound pressure level in decibels (referenced to 0.0002 dynes per square centimeter) in accordance with the American National Standard Specification for Sound Level Meters, ANSI S1.4 1971.

iii. Construction Noise. Temporary construction noise during the daytime shall be exempt from these sound level requirements.

Maximum Permitted Sound Levels (dBA)
Premises Receiving Sound
Source of Sound and Time	Residential	Commercial	Industrial
Residential
Daytime	55	60	60
Night time	50	50	50
Commercial
Daytime	55	60	65
Night time	50	50	55
Industrial
Daytime	55	60	70
Night time	50	50	60
Night time shall mean the hours between 10:00 P.M. and 7:00 A.M.

j. Standards and Measurement Procedures

Standards and measurement methods and procedures for the determination of the existence of any dangerous and objectionable elements shall conform to applicable standards and measurement procedures published by the American Standards Association, Inc., New York, the Manufacturing Chemists' Association, Inc., Washington, D.C., the United States Bureau of Mines, the Ohio Environmental Protection Agency, Montgomery County Environmental Health District, and other similarly recognized organizations.

k. Trash Collection Facility

i. A trash collection facility shall include a large container such as a dumpster or a small container such as a garbage can, bag or other similar container. No trash collection facility shall be located or stored in the front yard of a premises.

ii. A small trash container(s) may be placed at the public right of way during the normal trash collection day.

iii. A large trash collection facility shall be situated in a permanent location and placed on a concrete pad (3000 psi minimum). A dumpster pad shall be of a dimension that will allow a dumpster to sit entirely on the pad and to permit the front wheels of a trash disposal truck to rest on the pad while emptying said dumpster. A large trash collection facility shall also be screened so as to not be visible from a public right-of-way or an adjacent property by using an opaque fence or wall composed of wood, brick, or stone not to exceed seven (7) feet in height. (Ord. 17-14)

l. Vibration

Every use shall be so operated that ground vibration inherently and recurrently generated is not perceptible, without instruments, beyond any lot line bounding the premises. No vibration at any time shall produce an acceleration of more than 0.1G or shall result in any combination of amplitudes and frequencies beyond the "safe" range of the most recent edition of Table 7, U.S. Bureau of Mines Bulletin No. 442. The equation of said bulletin shall be used to determine the values for enforcement.

B. Standards for Residential Land Uses

1. Average Depth of Front Yard

In the Agricultural or Residential Zoning Districts, where the average depth of at least 2 existing front yards on lots within 100 feet of a lot in question and within the same block front is less or greater than the least front yard depth prescribed elsewhere in this Ordinance, the required depth of the front yard on such lot shall be modified. In such a case, the depth of the front yard shall not be less than the average depth of existing front yards, or the average depth of existing front yards of the 2 lots immediately adjoining, or, in the case of a corner lot, the depth of the front yard immediately adjoining. The depth of a front yard on any lot shall be at least 10 feet but not required to be more than 60 feet.

2. Erection of 1 Principal Building on a lot

In no case shall more than 1 principal building, and its accessory buildings, be located on 1 lot unless granted by approval, Section 5.09.

3. Yard Projections in Residential Districts. Certain architectural features may project into required yards as follows:

a. A cornice, canopy, eaves, or other architectural feature of a principal building may project into a required yard a distance not exceeding 4 feet.

b. A bay window, balcony, or chimney may project into a required yard a maximum distance of 4 feet, provided such features do not occupy, in the aggregate, more than 1/3 of the length of the building wall on which they are located. (Ord. 17-13)

c. Architectural features shall not project into the public right-of-way.

C. Architectural Standards for Non-Residential Land Uses

1. Purpose

The goal of these regulations is to encourage development that contributes to the City of Centerville as a unique place, reflecting the community's physical character and adding to it in appropriate ways. The architectural design of non-residential developments, particularly large-scale developments, determines much of the character and attractiveness along the thoroughfares of the City, the windows to our Community. These standards require a basic level of architectural variety, detail siding and roof materials that are considered traditional in Centerville, provide compatible scale and mass to surrounding development, and to mitigate negative impacts. These regulations serve as a basis to promote creative architectural design that is in context with its surroundings.

2. General Architectural Design Requirements

a. These general architectural design requirements of exterior building elevations shall apply to all non-residential uses within any base zoning district:

i. Architectural elevations for all buildings shall be that the design, massing, materials, shape, and scale, of all new or modified principal buildings, and accessory buildings shall create a unified design on the premises and shall be visually compatible with the surrounding buildings.

ii. The Planning Commission must review and approve the architectural design of all new non-residential buildings and additions to existing buildings in accordance to the requirements of this ordinance.

iii. The Planning Commission shall adopt and maintain a Design Guideline to provide additional information and clarification of the standards contained in this Ordinance.

b. Building Design and Mass

i. All architectural elevations of principal buildings shall consist of a base, a body, and a cap.

1) The base shall occupy the lowest portion of the elevation, and shall have a height no less than 8% of the average wall height.

2) The body shall occupy the middle portion of the elevation, and shall have a height no less than 60% of the average wall height.

3) The cap shall occupy the highest portion of the elevation, excluding the roof, and shall have a height no less than 8% of the average wall height, not to exceed the height of the base.

4) The cap shall consist of at least one of the following architectural features: a cornice, parapet, awning, canopy, or eaves.

5) The base and cap shall be clearly distinguishable from the body through changes in color, material, pattern, profile, or texture. A cap and base shall incorporate at least three of these design elements.

ii. Buildings that are characterized by a flat roof and a continuous wall elevation of uniform height shall contain three-dimensional architectural elements which serve to break up the horizontal emphasis of the elevation. Building entrances, corners and other similar features are examples that may be characterized by a separate mass.

1) These architectural elements shall present a balanced design for the entire building.

2) For a single story building, required architectural elements shall have a height that exceeds the wall height of the dominant portion of the building by at least 10% but no greater than the maximum building height required by the zoning district.

3) Architectural elements shall be distributed in a manner that limits the length of a continuous wall section of uniform height to 100 feet.

c. Building Wall Materials

i. Building Base: Brick, stone, or textured concrete block shall be permitted as base siding materials.

ii. Building Cap: Brick, stone, textured concrete block, wood, or applied materials such as exterior insulation finish system (E.I.F.S.), or other synthetic materials are examples of materials permitted for the building cap. Materials not specifically mentioned may also be permitted with the specific approval of the Planning Commission.

iii. Building Body: Wood, brick, and stone shall be permitted as siding materials for the body of the building. The following body materials are considered inappropriate, however, may be permitted with the specific approval by the Planning Commission on a case-by-case basis:

1) Siding that imitates wood lap siding such as aluminum or vinyl siding or siding that imitates brick or stone,

2) Ceramic tile or ceramic block,

3) Sheet metal, corrugated metal, or other similar metal panels,

4) Poured concrete, concrete block, textured concrete block, concrete panels, panels with an aggregate surface, or other similar concrete siding, or

5) Applied materials such as stucco or E.I.F.S.

d. Roof Styles and Materials

i. Permitted roof styles shall include gable and hip roofs. Other roof styles shall require specific approval by the Planning Commission on a case-by-case basis.

ii. The height of any pitched roof shall not exceed 1/2 of the overall building height.

iii. Permitted materials for pitched roofs include wood, slate, fiberglass reinforced asphalt roof shingles and standing seam or terned metal. Except when used on flat roofs that are not generally visible, roll roofing, built-up tar and gravel, metal panel or corrugated metal, plastic, or fiberglass roofing materials, other than fiberglass reinforced asphalt roof shingles shall be prohibited. Other roof materials shall require specific approval by the Planning Commission on a case-by-case basis.

e. Roof Mounted Mechanical Equipment

Building walls, parapets, and/or roof systems shall be designed to conceal all roof-mounted mechanical equipment from view to adjacent properties and public rights-of-way.

f. Building Colors

i. Building Body: The body shall read as a single, subdued, earth-tone color. A maximum of three accent colors are also permitted that are compatible with the body color.

ii. Building Base: The base shall read as a single, subdued, earth-tone color.

iii. Building Cap: The cap shall consist of colors that are compatible with the building body color, any accent color and to each other.

iv. Roof: The roof color shall read as a single color that is compatible with all building wall colors.

v. Any building color or color combinations whose major function is to convey visual information or to attract visual attention is considered a sign and subject to the requirements of the sign section of this ordinance.

g. Additional Design Requirements

i. These requirements apply to all non-residential uses EXCEPT those industrial uses that are EXCLUSIVELY and SOLELY stated as permitted or conditional use within Table 9.1, Permitted Land Uses in Base Zoning Districts for I-1, Light Industrial District and, I-PD, Industrial Planned Development in the UDO. Permitted or conditional uses in these zoning districts that are either permitted or conditional uses in other zoning districts shall be subject to these regulations.

ii. These requirements are in addition to the General Architectural Design Requirements contained in this ordinance.

iii. Massing of Buildings

1) Buildings shall be designed in a manner which disrupts and/or disperses the massing of the building through the use of projections and recesses. Building elevations shall reflect spaces that are either carved out of a mass or multiple masses of varying sizes grouped together. Examples include recesses, arcades, courtyards, vertical offsets, and horizontal offsets. See Figure 9.12.

Figure 9.12: Articulation of Building Mass and Bulk by the Use of Offsets and Recesses

2) Spaces that are carved out of a mass, and/or multiple masses grouped together, shall appear as proportional to one another and shall establish a pattern or rhythm to the building facade.

3) Building elevations greater than 100 feet in length, measured horizontally, shall incorporate projections or recesses in the wall plane. A projected or recessed area should comprise at least 20% of the overall length of the elevations and have a minimum depth or projection equal to 3% of the total elevation length. The length and depth of any projection or recess that is less than this minimum requirement may be approved by the Planning Commission on a case-by-case basis.

4) The maximum length of an uninterrupted wall plane shall be 100 feet.

5) Walls greater than 50 feet in length shall be uniformly divided into bays through the use of columns, projecting ribs, offsets or reveals. See Figure 9.13.

Figure 9.13: Treatment of Wall Greater than 50 Feet in Length

iv . Wall Openings (Doors and Windows)

1) Building elevations that directly front a public street should contain windows which occupy at least 25% of the total wall surface area. The percent of the wall surface area used for windows that is less than this minimum requirement may be approved by the Planning Commission on a case-by-case basis.

2) Doors and windows shall be positioned in an orderly manner. Where appropriate, these elements shall form a pattern or visual rhythm along the building elevation.

3) All doors and windows shall be articulated through the use of lintels, sills, and thresholds. Windows larger than 20 square feet that are not used for display purposes shall be divided into panes through the use of mullions and/or sashes. Doors and windows shall be rectangular in shape. Other types may be permitted with the specific approval of the Planning Commission on a case-by-case basis.

4) All buildings with frontage to a public street shall contain at least one entrance on any facade fronting on a public street. All entrances designated for public or employee use shall be characterized by a separate mass and providing at least one of the following features: an overhang, awning, canopy, portico, or projection.

5) Emergency exits, when located on the side or rear building elevation shall be exempt from this provision.

D. Supplemental Standards for the Architectural Preservation District, APD

1. Purpose

The City of Centerville, recognizing the unique panorama of architectural history that has developed along the major cross-roads of our community, hereby declares as a matter of public policy that the preservation, protection, perpetuation, and use of areas, places, structures, works of art or similar objects having a special historical, cultural, or aesthetic interest or value is a public necessity, and is required in the interest of the health, safety, convenience, comfort, prosperity, or general welfare of the citizens of Centerville. The purpose of this section of the UDO is to: (Ord. 20-22)

a. Protect the historic and architecturally significant buildings within the APD.

b. Ensure architectural harmony between buildings of widely varying architectural periods and styles with modern development that compliments the architecturally significant buildings.

c. Protect and expand the existing residential uses within the APD.

d. Stabilize, improve, and protect the property values of businesses within the APD.

e. Strengthen the economy of the City of Centerville.

f. Protect and enhance the visual and aesthetic character, diversity, and interest in the City of Centerville.

g. Promote the use and preservation of historic sites and structures for the education and general welfare of the citizens of the City of Centerville.

h. Establish standards and criteria for the APD.

i. Promote development that encourages architectural features on front and back of the building adjacent to public streets, public parking lots and public spaces in the APD.

j. Create a pedestrian friendly environment for easy access between businesses, public spaces, points of interest, and public parking lots in the APD.

2. Development Standards

a. Demolition or Moving of Buildings

i. The demolition or moving of buildings within the APD shall require the approval of the Board of Architectural Review (BAR); however, staff may approve a demolition application where an extreme safety hazard exists. In order to grant such approval, the BAR must be satisfied that the building meets at least 1 of the following criteria.

1) Health and Safety Hazard. The building has been deemed to be a hazard to public health or safety and repairs are deemed to be unfeasible as determined by the Building Inspector or his designee.

2) Deterrent to Major Community Improvement. The building is a deterrent to a major community improvement which the applicant must demonstrate will be of substantial benefit to the community. This improvement must be shown to have great potential for increasing surrounding property values.

3) Rehabilitation Not Economically Feasible. Rehabilitation of the building is not economically feasible. It shall be the responsibility of the applicant to prove that rehabilitation of the building would not allow a reasonable economic return on the owner's investment.

4) Detriment to Community. The retention of the building would not be in the interest of the community as a whole as is determined by the BAR.

ii. Demolition Delay Period. In cases where approval for demolition is granted, for reasons other than public health or safety, such approval shall not become effective until 3 months after the date of the approval decision by the BAR in order to provide a period of time within which it may be possible to relieve a hardship or to cause the property to be transferred to another owner who will retain the building. This in no way implies approval by the Building Department whose approval must also be secured in addition to the approval of the BAR. The BAR may waive any portion of the 3 month demolition delay period.

b. Off-Street Parking and Loading

i. All parking and loading areas shall be located in the rear yard of all non-residential, multi-family, or mixed residential and non-residential uses. Front yard or side yard parking for these uses shall be prohibited; however, side yard parking for a corner lot shall be permitted.

ii. Side or front yard parking shall be permitted for single-family and two-family residential uses.

iii. Refer to the Off-Street Parking and Loading, Section 9.29 of this Ordinance for additional requirements.

c. Sidewalks

i. All sidewalks located within dedicated public right-of-way or public roadway easements in the APD shall be of red brick type surface. This requirement shall be achieved in time through the installation of new brick sidewalks and the replacement of existing non-brick sidewalks.

d. Location of Building(s) on the Lot

i. Parallel or Perpendicular to the Street. All building fronts shall be located on the lot parallel or perpendicular to the front lot line.

ii. Front Yard Building Setback. The dimension of the required front yard of a lot shall be determined by computing the average building setbacks for existing structures along the same block front. The setback line may be modified by the BAR to reflect historic patterns. The BAR shall take into consideration the setback of adjacent buildings, existing and proposed easements, lot configuration, pubic right-of-way, thoroughfare improvements, or applicable goals from Centerville Forward Comprehensive Plan. (Ord. 15-25)

iii. Additional building setback standards in Section 9.05, Table 9.00.

e. General Design Requirement for Exterior Building Architectural Elevations (Ord. 20-22)

The general design requirement for exterior building architectural elevations shall be that the size, shape, location, materials, and architecture of all new or modified principal buildings, accessory buildings, and garages shall be visually compatible with the surrounding buildings. The requirement should also incorporate architectural features on the rear of buildings of commercial, mixed use, and multi-family residential land uses. The more detailed standards of this section of the UDO shall be used to determine the visual compatibility of a building with the surrounding buildings. The Design Review Criteria shall be used to reference architectural styles that may be prevalent in different areas of the Architectural Preservation District. The BAR may vary the architectural standards of Section 9.53, D. of the UDO to assure architectural and historic compatibility in accordance with the Design Review Criteria.

f. Shape of Buildings

i. General Shape. Buildings shall be of a simple solid, rectangular shape with corners that are clear and defined with walls that extend perpendicularly to the ground.

ii. Roof Shape. Buildings shall employ a sloped, pitched roof design with eaves.

iii. Large Building and New Addition Shape. Very large new buildings and large additions to existing buildings shall be composed of smaller rectangular building units of varied sizes grouped and attached together.

g. Number of Stories (Ord. 20-22)

No new principal building or an addition to an existing principal building shall exceed four (4) stories in height. For buildings that intend to exceed two (2) stories in height, the applicant must obtain a special approval from the Board of Architectural Review. The architecture, design and layout of the proposed building that intends to exceed two (2) stories shall meet the following standards for the Board of Architectural Review's approval.

i. The building improvement of more than two (2) stories may not exceed the block requirements of building frontage for three or four stories in Figure 9.15.

ii. There must be additional accessory architectural details that complement the building design and street block. These examples include, but are not limited to, the following: cornices, dentils, soffits, vents, lentils, sills, shutters, window mullions and muntins, cupolas, railings, ornamental glass, lighting fixtures, or other architectural items adorning on and around building walls. Recesses of the building walls and planes are encouraged but not required as an architectural detail.

iii. Additions to historic buildings must be compatible to the historic buildings and display clear distinctions in architecture. While modern materials may be used, the design should not hinder or clutter the historic character to the original historic building.

iv. The application shall be consistent with the design guidelines set forth within the Design Review Criteria.

Figure 9.14 Number of Stories, APD (Ord. 20-22)
Street	Side of Street	# of properties	Building Frontage (in feet)	To	From	% of principal buildings 3 stories or higher	% of principal buildings - 4 stories
South Main Street	West	9	532	Edenhurst	Cranston	60%	20%
South Main Street	West	9	535	Cranston	Franklin	50%	10%
South Main Street	East	8	450	South Main Access	Martha	50%	10%
South Main Street	East	9	391	Martha	Franklin	50%	10%
North Main Street	West	11	193	Franklin	West Ridgeway	50%	20%
North Main Street	West	11	716	West Ridgeway	Bradstreet	40%	20%
North Main Street	West	3	139	Bradstreet	City Boundary	67%	33%
North Main Street	East	8	364	Franklin	East Ridgeway	40%	10%
North Main Street	East	8	686	East Ridgeway	Bradstreet	40%	0%
North Main Street	East	5	410	Bradstreet	Zengel	67%	40%
West Franklin Street	North	15	648	Normandy	Virginia	50%	30%
West Franklin Street	North	5	242	Virginia	Westerfiel d	30%	10%
West Franklin Street	North	10	440	Westerfiel d	Main Street	50%	0%
West Franklin Street	South	5	269	Virginia	Westerfield	40%	10%
West Franklin Street	South	9	506	Westerfiel d	Main Street	50%	0%
East Franklin Street	North	5	213	North Main	Maple	50%	0%
East Franklin Street	North	11	578	Maple	Cemetery	25%	0%
East Franklin Street	South	5	228	North Main	Maple Avenue	50%	0%
East Franklin Street	South	11	373	Maple	Edge of APD	25%	0%
Maple Avenue	West	4	47	Franklin	Irongate Park	50%	0%
Irongate Park Drive	North	7	305	Main	Maple	40%	0%
Irongate Park Drive	South	2	186	Main	Maple	75%	20%
East Ridgeway Drive	South	2	144	Main	Maple	50%	0%
Note: If a corner property is proposed to be developed where one street is not listed in this chart, the other street must be used and calculated for building frontage of three (3) or four (4) stories.

h. Width to Height Proportion

The width and height of the front elevation of the building shall appear as a rectangle with the longest side of the rectangle being the width of the front elevation of the building.

i. Roofs

i. Design and Styles

1) Pitched Roof. All buildings shall have a pitched roof with eaves.

2) Proportion of Building Height as Roof. No more than 1/2 of the building height may appear as a roof.

3) Cornices. Roofs and walls shall be joined by a cornice.

4) Roof Styles (Ord. 20-22)

a. Permitted. Gable, gambrel, flat, shed or hip roof styles shall be permitted.

b. Prohibited. Mansard, false fronts, and other style roofs not specifically permitted shall be prohibited.

5) Roof Additions. If it is necessary to add a roof, the original roof form shall be maintained by constructing the additions as gables, dormer windows, shed dormers, or cupolas.

6) Removal of Architectural Features Prohibited. The stripping of roof architectural features such as dormer windows, cupolas, risers, and gables from existing roofs is prohibited.

ii. Materials and Texture

1) Roof Material. Roof material shall be in harmony with the style and features of the building.

2) Consistent Roof Materials. Roof materials shall be consistent over the entire roof.

3) Roof Texture. Roof textures shall be subtle and unobtrusive.

j. Chimneys and Flues

i. Construction Materials. Chimneys and flues shall be constructed of brick, stone or metal. Metal flues or chimneys shall be sized and located so as to be a subtle and unobtrusive element of the roof design.

ii. Materials Prohibited. Imitation stone or brick or metal formed to look like stone or brick is prohibited.

k. Walls

i. Design and Styles

1) Ground Mounted. Walls shall extend from the ground up to the roof and have clearly defined corners.

2) Rectangular Building Block Construction. The walls shall fit together to form simple rectangular building blocks.

3) Flat Walls with Square Corners. Flat walls with square corners shall be required when additions are attached to the basic building.

4) Styles Prohibited. Fin walls, open arcades, walls constructed in suspended cantilevered forms, and exposed frames with infill panel walls are prohibited.

ii. Materials, Pattern, Texture, Features, and Cleaning

1) Permitted Siding Materials.

a. Siding used on any building must be architecturally appropriate to the period which the building was built or designed.

b. Wood, brick, or stone shall be permitted as siding materials.

c. Fiber cement siding may be used as an alternative to wood siding subject to approval by the BAR.

2) Wood Siding

a. Siding Width. Siding width shall be architecturally appropriate to the building. In no case shall wood siding exceed 8 inches in overall board width.

b. Construction Pattern. Wood siding shall be situated horizontally. Board and batten siding may be placed on any accessory building.

c. Siding used for additions or alterations to an existing building shall match the old siding in size and texture.

d. Where fiber cement siding is substituted for wood siding, final usage and finish shall be subject to approval by the BAR. Fiber Cement siding is prohibited for use on any portion of a building deemed historically significant in accordance with Section 9.45, Landmarks.

3) Brick Siding

a. New Bricks. New bricks, that replace old bricks on an existing building or used as a siding material for an addition to an existing building, shall match the old bricks in size, color, and texture. Bricks, used in new construction, shall be situated horizontally.

b. Construction Patterns for Restorations or Alterations. Bricks shall be laid in the same pattern as was used in the original structure.

c. Mortar Used for Restorations or Alterations. Mortar shall duplicate the composition, color, texture, joint size, and joint profile of the original structure.

4) Stone Siding

a. New Stone. New stone, used for the restoration of an existing building or as a siding material for an addition or alteration to an existing building, shall match the old stone in size, color, and texture.

b. Construction Patterns, for Restorations or Alterations. Stone shall be laid in the same pattern as was used in the original structure.

c. Mortar Used for Restorations and Alterations. Mortar shall duplicate the composition, color, texture, joint size, and joint profile of the original structure.

5) Types of Siding (Ord. 20-22)

a. The use of aluminum, metal, or other materials that are stamped, molded, cast, rolled, or pressed, as an exterior siding material may be permitted with specific approval by the Board of Architectural Review. The proposal must meet the following standards:

i. The proposal shall not be located on any historic architecture or building.

ii. The application shall be consistent with the design guidelines set forth in the Design Review Criteria.

b. Stone or Concrete Panels or Concrete Block Prohibited. The use of marble, granite, exposed aggregate, or other similar stone or concrete panels or the use of concrete block as a siding material shall be prohibited.

c. Stucco Prohibited. The use of stucco for exterior building walls shall be prohibited.

d. The use of vinyl shall be prohibited.

6) Trim, Sill, and Corner Boards

a. The design and size of trim including fascia, sill, and corner boards shall be appropriate for the architectural style of the building.

b. Natural materials such as wood, brick, or stone shall be permitted as trim materials.

c. Alternative materials may be used for trim elements subject to approval by the BAR.

7) Special Architectural Features

Special architectural features such as brackets, scrollwork, railings and pediments shall be retained.

8) Methods of Cleaning Prohibited

Sandblasting or waterblasting of wood, brick, or stone or the use of chemical cleaners on limestone is prohibited.

l. Wall Openings (Doors and Windows)

i. Architectural Compatibility

The architectural design of all wall openings (windows and doors) including the number, location, size, shape, style, trim, casing, lintel, sill, shutters, awnings, screening, storm protection, materials, and color shall be architecturally compatible with the proposed or existing building and the surrounding buildings.

ii. Pattern of Wall Openings

Patterns and rhythms in window and door spacing that occur in surrounding buildings shall be incorporated into the proposed building wall planes.

iii. Floor Levels

Floor levels shall be clearly indicated by the door and window arrangement and by the porch and roof design.

iv. Portion of the Building Front Wall Plane Area Devoted to Wall Openings

Approximately 1/3 of the building front wall plane area shall be devoted to wall openings. Building walls containing large areas of glass shall be prohibited. Display windows located on the ground floor of commercial storefronts shall be permitted.

v. Projecting and Deeply Recessed Wall Openings Prohibited

Wall which appear to be projecting or deeply recessed from the plane of the wall shall be prohibited.

vi. Rectangular Shaped Wall Openings

All wall openings shall appear rectangular in shape with the width of the wall opening being the shortest side of the rectangle. Picture windows and display windows located on the ground floor shall be permitted exceptions to this requirement, if they are compatible with the surrounding building window designs.

vii. Arches

Only flat or flattened (segmented) arch construction at the top of wall openings shall be permitted. Italianate, High Roman, and Gothic arches are prohibited.

m. Exterior Color Chart

i. BAR Color Chart. Any color scheme selected from the BAR color chart shall be permitted. The BAR color chart shall be available for review by the public at the City of Centerville Offices.

ii. Color Harmony on the Property. The color(s) used on each property shall harmonize.

iii. Color Compatibility with Surrounding Properties. The color(s) used on each property shall be visually compatible with those colors used on adjacent properties.

iv. Number of Colors. A maximum of 3 different colors; 1 base color with 2 complimentary colors, shall be used on the exterior of each building.

v. Natural Color and Painting of Brick or Stone. Brick or stone natural color shall be reddish, beige, or white. Yellow, gray, and salt and pepper (black and white) colored brick are prohibited. The painting or repainting of brick or stone shall be permitted, but the color shall be in accordance with the BAR color chart.

vi. Siding or Wall Color. Siding or wall color above the foundation line of the building shall be of a single muted, earth tone color. Bright, flashy wall colors shall be prohibited.

vii. Trim Color. Trim color shall be the same color as the wall or of another single color which harmonizes and contrasts with the wall color. Bright colors may be used for the trim; however, the trim color shall not clash with the wall color. Shutters or another major trim feature may be painted a third harmonizing color.

viii. Roof Color. Roof color shall be of a muted, subdued color that harmonizes with the other colors of the building. Bright, clashing roof colors that attract attention to the roof shall be prohibited.

n. Fences

i. Permitted. Wooden fences of solid plain vertical boards, picket fences, or split rail fences shall be permitted with all building styles. Wrought iron or cast iron fences shall be permitted with brick or wood buildings.

ii. Prohibited. The following fence types are prohibited:

1) Brick fences used with a stone building are prohibited.

2) Wooden fences with diagonal or basket weave board structure, or uneven tops are prohibited.

3) Cinder block, plaster, chain link, cyclone, and all other wire fences are prohibited.

o. Works of Art. Works of art that meet all of the following standards shall be permitted:

i. Quantity. The quantity of works of art per property shall be limited to the number that results in an uncluttered appearance to the property.

ii. Architectural Compatibility on Property. The size, scale, proportion, and design of the works of art shall be architecturally compatible with the other buildings, structures, and other works of art located on the property.

iii. Architectural Compatibility with Surrounding Properties. The work(s) of art shall be architecturally compatible with the surrounding properties.

9.55 Wireless Communication Facility Standards (Ord. 04-14)

A. Purpose: These regulations are established to provide for the construction and use of Wireless Telecommunication Facilities in the City of Centerville. The regulations allow Wireless Telecommunication Facilities as a conditional use, or permitted accessory use depending upon the specific land areas of the City in which, and circumstances under which, they are proposed to be located. The purpose of these regulations is to balance the competing interests created by the federal Telecommunications Act of 1996 (Public Law 104 104, codified at 47 U.S.C. §§ 151 et seq.), the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, and the interests of the City in regulating Wireless Telecommunication Facilities for the following reasons:.

1. To protect property values and provide for orderly development within the City;

2. To insure that adequate telecommunication services are available within the City;

3. To protect the visual character for residents and wireless users of the City, including, but not limited to, its residential character, unobstructed open spaces, attractive commercial/office areas, and trees and other vegetation;

4. To maintain the historic character of certain portions of the historic central portion of the City from the potential for visual blight caused by Towers and related facilities;

5. To protect residential properties, parks, open spaces and non-intensive, mainly low-rise commercial zoning districts from the potential adverse effects of Towers and related Facilities;

6. To promote Co-location of Wireless Telecommunications Facilities in order to minimize the potential adverse effects of additional single-provider Towers in the City;

7. To provide for and protect the health, safety and general welfare of the residents and visitors of the City; and

8. To maintain, where possible, the integrity of the existing zoning regulations contained in the UDO.

B. Applicability: No person shall construct, erect, maintain, extend or remove a Wireless Telecommunication Facility in the City unless it is in compliance with the purposes and provisions of Article 9.55, not withstanding applicable state or Federal regulations specific to wireless telecommunications facilities which may supersede local regulations. (Ord. 17-16)

C. Designation of Wireless Telecommunication Facilities Overlay District, (WFTO)

1. Where applicable, the regulations governing the Wireless Telecommunications Facilities Overlay District shall control and supersede wherever they are inconsistent with other provisions of the UDO. If no inconsistency exists between the provisions of this WTFO District and the provisions of the underlying zoning district, other provisions of this UDO shall remain in full force and effect and shall regulate all land use and development.

2. Relationship to Base Districts: The Wireless Telecommunication Facilities Overlay District (WTFO) is an overlay zone which may be applied in the manner described to existing zoning districts in the locations listed in Article 9.55(C)(3), Location of District.

3. Location of District: The WTFO is limited to land within the following existing zoning districts, as illustrated on the zoning map: A, Agriculture; I-1, Light Industrial; I-PD, Industrial Planned Development; B-2, General Business District; B-PD, Business Planned Development; O-PD, Office Planned Development and R-PD, Residential Planned Development. (Ord. 17-16)

D. Use Regulations

1. Permitted use.

a. The erection or construction of a Wireless Telecommunication Antenna(e) on an existing Wireless Telecommunication Tower witin the WTFO district may be permitted as an accessory use as a co-location on such a Tower provided that all electronic and relay equipment for the Wireless Telecommunication Antenna shall be housed, if available, within the existing Equipment Shelter or as such Shelter may be expanded. Such use may be approved upon submission of an application to the City Planner which meets all applicable regulations of Article 9.55 related to the placement, construction and operation of the Wireless Telecommunication Equipment and related Facilities associated with such Antenna(e).

2. Permitted accessory use.

a. The installation of a Wireless Telecommunications Antenna(e) where the construction or erection of a Wireless Telecommunications Tower is not proposed, shall be permitted as an accessory use on existing buildings or structures in the WTFO overlay district under the following circumstances:

i. All Wireless Telecommunication Facilities shall not be located greater than 10 feet above the roofline of an existing building or structure to which it is attached. All electronic and relay equipment for the Wireless Telecommunication Antenna shall be housed within the existing building or structure, if possible.

ii. Any Equipment Shelter shall be designed as an integral part of the principal building or concealed with similar architectural treatment and materials as the exterior of the building.

iii. To the extent the remaining standards of Article 9.55 are applicable to the situation involving the installation of a Wireless Telecommunication Antenna(e) on an existing building or structure, such standards shall govern the installation.

3. Conditionally permitted use.

a. Wireless Telecommunication Antenna(e): The installation of a Wireless Telecommunication Antenna (e) where the construction or erection of a Wireless Communication Tower is not proposed, shall be permitted as a conditional use per Article 5.09 on existing buildings or structures outside the WTFO overlay district under the following circumstances:

ii. Any Equipment Shelter shall be designed as an integral part of the principal building or concealed with similar architectural treatment and materials as the exterior of the building.

b. Wireless Telecommunication Towers: A Wireless Telecommunication Tower may be permitted as a conditional use per Article 5.09 in the WTFO overlay district. Such use may be approved under the conditional use process provided the applicant demonstrates compliance with each of the following co-location requirements, as well as all other applicable standards set forth in the UDO:

i. An application for a permit to erect a Wireless Telecommunication Tower must demonstrate that there is no technically suitable space for the applicant's Antenna(e) and related Facilities reasonably available on an existing Tower, building or structure within the geographic area to be served. With the application, the applicant shall list the location of every Tower, building or structure within 5 miles of the proposed site that could support the proposed Antenna(e) or area where it would be Technically Suitable to locate so as to allow it to serve its intended function. The applicant must demonstrate that a Technically Suitable location is not reasonably available or cannot reasonably be modified on an existing Tower, building or structure. If another existing Tower, building or structure is Technically Suitable, the applicant must demonstrate that it has requested to Co-locate on the existing Tower, building or structure and the Co-location request was rejected by the owner of the Tower, building or structure. In all circumstances, owners of existing Towers shall promptly respond in writing to requests for Co-location, but in no event shall they respond more than 30 days from the date of receipt of a written request for Co-location. If another Tower, building or structure is Technically Suitable, the applicant must further show that it has offered to allow the owner of that other Tower, building or structure to Co-locate an Antenna(e) on another Tower, building or structure which is owned or controlled by the applicant, if any, on reasonably reciprocal terms and the offer was not accepted.

ii. All applicants for construction or erection of Wireless Telecommunication Towers shall be required to construct on a base Tower structure and structure foundation that is designed to have sufficient structural loading capacity to accommodate at least 3 Antenna platforms or Antenna arrays of equal loading capacity for 3 separate providers of service to be located on the structure when constructed to the maximum allowable height.

iii. The Wireless Telecommunication Facility shall also be designed to show that the applicant has enough space on its site plan for an Equipment Shelter large enough to accommodate at least 3 separate users of the Facility. If an Equipment Shelter is initially constructed to accommodate only 1 user, space shall be reserved on site for Equipment Shelter expansions to accommodate up to at least 3 separate users.

iv. Agreement to the provisions of this subsection must be included in the applicant's lease with the landowner, if different from the owner/user of the Tower. Written documentation must be presented to the City Planner evidencing that the landowner of the property on which the Tower is to be located has agreed to the terms of this subsection. As an additional condition of issuing a conditional use permit, the owner/user shall respond in writing to any inquiries regarding Co-location of another user of the Facility within 30 days after receipt of a written inquiry. Copies of all written requests to Collocate and all written responses shall be sent to the City Planner.

E. Submittal Requirements: Applicants for conditionally permitted Wireless Telecommunication Facilities shall submit the following information:

1. Survey of Existing Conditions: A survey for the entire property shall be prepared by a surveyor licensed to practice in the State of Ohio. This survey shall indicate all observable physical features on the site and on property abutting the site, ownership of the property and of all property abutting the site, underground and overhead utilities, easements, deed restrictions, property line bearings and distances. Topography at two foot intervals shall be shown for the entire property or within at least a 150 foot radius of the tower, whichever is less. Spot elevations may be used when contour intervals are impractical.

2. Legal Description: Legal description of the parent tract and leased parcel if applicable.

3. Site Development Proposal: A scaled site plan and specifications clearly indicating the location of all new and existing underground and overhead facilities. This shall include, but not be limited to, the proposed tower, antenna and associated buildings, uses and structures on the same and adjacent properties, underground and overhead utilities, and exterior lighting. Adjacent roadways, proposed means of access, parking and other information deemed necessary by the City Planner for a review of the application shall also be shown.

4. Setback Dimensions: Setback dimensions shall show the distance between each property line and the closest point on the perimeter of the tower structure.

5. Grading and Landscaping Plan: A proposed site grading and landscape plan showing specific landscape materials, sizes and species proposed. Land contours shall be shown at 2 foot intervals and the surface drainage concept shall be indicated for the entire property, or within at least a 150 foot radius of the tower, whichever is less. Spot elevations may be substituted where contour elevations are impractical.

6. Antenna and Towers: Plans, elevation drawings and material specifications for all proposed antenna towers and antennae.

7. Buildings: Building plans, elevation drawings and material specifications for all proposed buildings, structures, fences, walls and gates.

8. Fences: Shall include a plan and elevations drawn to scale together with a material specification for all security enclosures.

9. Certification of Compliance: A written certification from a registered professional engineer of compliance with all applicable federal, state, county or local laws including all provisions with this Section. Additionally, prior to final inspection by the Building Department documented certification shall be submitted to the FCC, with a copy to the City certifying that the wireless communication facility complies with all current FCC regulations for non-ionizing electromagnetic radiation (NIER).

10. Co-Location Statement: A notarized statement by a registered professional engineer, hired by the applicant, that verifies that construction of the tower will accommodate co-location of additional antennas for future use and also states the ultimate height needed for the co-location capacity required.

11. Lease Agreement: A copy of the proposed antenna tower site lease agreement including all easements and access rights.

12. Inventory:

a. List of Applicant Locations: Each applicant for an antenna and/or tower shall provide to the City Planner an inventory of its existing towers, antennas, or sites approved for towers or

b. Antennas, that are either within the jurisdiction of the City or within one mile of the border thereof, including specific information about the location, height, and design of each tower.

c. Specification of Backhaul Providers: Identification of the entities providing the backhaul network for the tower(s) or antenna(s) described in the application and other cellular sites owned or operated by the applicant in the City.

13. Justification: A description of the suitability of the use of existing towers, other structures or technology not requiring the use of the proposed new tower.

a. Existing facilities not available. A demonstration that a technically suitable location is not reasonably available on an existing tower, building or structure.

b. Co-location rejected. If another tower is technically suitable the applicant must show that the applicant has requested to co-locate and that the request was rejected by the owner of the tower, building or structure.

14. Master Plan of Provider: A description of the feasible locations of future towers or antennas within the City based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower or antenna is erected

15. Radio Frequency (RF) Engineer Testimony: Testimony shall be made by a radio frequency engineer at all required public hearings and he/she shall attest to the engineering need for the tower height requested.

F. Minimum Standards for Construction, Erection, Maintenance and Removal: Except as otherwise provided in this Section, all Wireless Telecommunication Facilities shall comply with the following standards:

1. Spacing: There shall be a separation of a minimum of 1/4 mile between Wireless Telecommunication Towers, including a separation of at least 1/4 mile from any such Tower located outside the City's corporate limits.

2. Height: All free-standing Wireless Telecommunication Towers, including Antennae and all appurtenances, shall be designed at the minimum functional height.

a. Wireless Telecommunications Tower: The maximum height shall be 160 feet above grade. This maximum height standard may be modified upon a finding by the City Planning Commission that additional height is necessary to provide service to the geographical service area of the applicant.

b. Antenna Attached to Existing Building: The maximum height of any Wireless Telecommunication Antenna installed on an existing building or structure pursuant to Section 9.49, 1, c, 2 thereof, shall be no greater in height than 10 feet above the roof-line of the existing building or structure to which it is attached.

c. Equipment Shelters: The height of any Equipment Shelter shall not exceed 10 feet from the approved grade or above the roof-line of an existing building or structure if so attached.

3. Setbacks: All Wireless Telecommunication Towers shall be set back from any rear or side property lines abutting a residentially-zoned or used lot a distance of at least 100 feet, 50 feet from any rear or side property lines abutting a non-residentially-zoned or used lot. In no event shall a Wireless Telecommunication Tower or Facility be located in front of the principal building on the lot, if any, or in front of the front yard setback line as shown on the zoning map when no principal building is present on the lot.

4. Design

a. All Wireless Telecommunication Towers shall be of a Monopole design, as opposed to a Lattice design. No guy wired Towers shall be permitted. All wires and conduit servicing Antennas shall be located inside the Tower.

b. All Wireless Telecommunication Facilities shall be subject to review by the City Planning Commission for the purpose of enhancing the compatibility of the Facilities with their surroundings. The color of a Wireless Telecommunication Tower and/or Antennas shall be as determined by the Commission for the purpose of minimizing its visibility, unless otherwise required by the FCC or the Federal Aviation Administration (FAA).

c. The Wireless Telecommunication Antennas shall be of a panel design and mounted flush to the Tower, building or structure which elevates the Antennas, unless the applicant can demonstrate that it is not feasible from an engineering standpoint to use such Antennas or to mount them in such a fashion.

5. Landscaping: A landscape buffer area of not less than 15 feet in depth shall be placed between the Wireless Telecommunication Facilities and the public rights-of-way and any adjacent properties from which there is a direct view of the Facilities, other than the Tower itself. Where the Facility abuts a residentially-zoned or used lot, a landscape buffer area of not less than 20 feet in depth shall be placed between the Facility and the residential lot. The landscape buffer area shall have a tight screen fence of hardy evergreen shrubbery not less than 6 feet in height. In addition, a minimum of 1 shade tree, 3" in trunk width when planted, shall be planted a minimum of every 50 feet within the landscape buffer area to screen the Facilities from the public rights-of-way and adjacent properties. The landscaping shall be continuously maintained and promptly restored, if necessary.

6. Engineering Report: A report shall be prepared and submitted by a qualified and licensed professional engineers and shall provide proof of compliance with all applicable federal, state, county, and City regulations. The report shall include a detailed description of the Wireless Telecommunication Tower, Antenna (e), Equipment Shelter, and appurtenances, and shall certify that radio frequency emissions are in compliance with the regulations of the FCC.

7. Prospective Plans: All applicants for construction or erection of Wireless Telecommunication Towers shall be required to submit a 5 year written plan for use of the proposed telecommunications facility, including plans for additional development of the site and signal coverage within the geographic area.

8. Maintenance

a. The applicant shall submit a plan documenting how the Wireless Telecommunication Facility will be maintained on the site in an ongoing manner that meets industry standards.

b. On each biennial anniversary of the issuance of the building permit for a Wireless Telecommunication Facility, or not more than 90 days prior thereto, the owner/user shall submit to the City a report prepared by a licensed professional engineer(s) which shall verify continued compliance of the Facility with all governmental requirements including, but not limited to, the structural integrity and stability of any Towers or Antennas, electrical safety standards, and auxiliary power source safety standards.

9. Lighting Prohibited: Except as required by law, a Wireless Telecommunication Antenna or Tower shall not be illuminated and lighting fixtures or signs shall not be attached to the Antenna or Tower. If lighting is required by FAA regulations, the most visually nonobtrusive "state-of-the-art" lighting available shall be used, unless otherwise required by the FAA.

10. Security

a. Climbing rungs or other apparatus designed to assist a person to climb a Wireless Telecommunication Tower shall be located on the Tower no lower than 20 feet above grade.

b. Other security measures for the Facility shall be determined by the City Planning Commission as is appropriate under the circumstances of the particular application.

11. Advertising Prohibited: No advertising sign(s) or devices shall be permitted anywhere on a Wireless Telecommunication Facility site.

12. Outdoor Storage: There shall be no outdoor storage of equipment or other items on the Wireless Telecommunication Facility site except during the Facility construction period and to supply temporary emergency power to the Facility only during a power outage.

13. Access to Facility: The access driveway to the Wireless Telecommunication Facility shall, whenever feasible, be provided along with circulation driveways of the existing use on the lot, if any. Where use of an existing driveway is not feasible, the driveway to the Facility shall be a minimum of 12 feet in width with a minimum overhead clearance of 14 feet and shall be setback a minimum of 20 feet from the nearest side or rear lot line. This driveway shall meet the load limitations for fire equipment. There shall be a maximum of 1 off-street parking space on the Facility site.

14. Accessory Equipment Shelter: Where it is technically feasible and reasonably practical, an existing building or structure on a lot shall be used to shelter the equipment associated with a Wireless Telecommunication Facility.

15. Undergrounding of Utilities: All utility lines from the utility source to the Wireless Telecommunication Facility shall be underground.

16. Abandonment and Removal of Facilities:

a. The owner/user of the Wireless Telecommunication Facility shall, on no less than an annual basis from the date of issuance of the building permit, file a declaration with the City Planner as to the continuing operation of each of its Facilities within the City.

b. If at any time the use of the Wireless Telecommunication Facility is discontinued for one hundred 180 consecutive days, the Facility shall be deemed abandoned. The City Planner shall notify the owner/user in writing and advise that the Facility must be reactivated within 90 days or it must be dismantled and removed from the site and the site restored to a landscaped condition within that same 90 day period, all at the cost of the owner/user. The owner/user shall have the right to appeal the City Planner's decision to require removal of an abandoned Facility to the Planning Commission pursuant to Section 5.19 of the UDO.

G. Costs: The applicant for a Wireless Telecommunication Tower and/or Antenna Facility shall be responsible for all expenses incurred by the City for any technical and/or engineering services deemed necessary by the City Planner, the Buildings Department, the City Planning Commission, to perform any reviews required by the Codified Ordinances which are not covered by the fees set forth in this Section.

H. Exemption of Certain City Property: Regardless of the provisions of this Section, a Wireless Telecommunication Facility used for city services may be permitted on any property owned or controlled by the City and shall be constructed, erected, maintained, extended and removed under such conditions, standards and regulations as required by the City Council.

I. Variances: Refer to Section 5.17 for all requirements and procedures for variances.

9.57 Alternative Energy Systems

A. Purpose and Intent

In order to balance the need for clean, renewable energy resources and the necessity to protect the public health, safety and welfare of the community, the following regulations are necessary to ensure that alternative energy systems are appropriately designed and safely sited and installed. This chapter establishes the regulations and criteria which allow compatible alternative energy systems to be located within the various zoning districts in association with a principal use or structure. In the event of a conflict between the development standards in this chapter and development standards contained in the UDO applicable to the use and zoning district, the standards of this section are to be used.

B. Permitting and Application

1. Prior to the installation of an alternative energy system, a Zoning Certificate shall be issued by the City Planner as an accessory structure in accordance with Article 5 of this Ordinance for all properties in the City except those in the Architectural Preservation District (APD) and the appropriate building, electrical and/or plumbing permits have been issued by the Chief Building Official.

2. The Board of Architectural Review (BAR) shall review and decide on any alternative energy system proposed for a property in the APD before a Zoning Certificate is issued by the City Planner.

3. In addition to the submittal requirements for an accessory structure, the application shall also include:

a. A site plan of the property showing the exact location of the proposed alternative energy system, all existing utility lines including overhead lines, setback lines, easements and all other structures on the premises;

b. A description of the alternative energy system, including information regarding its construction, method of assembly, installation and intended use as a primary, ancillary or a back-up/emergency power source;

c. Plans showing the specifications and elevations of the proposed system; and

d. Proposed screening, where required.

C. Permitted Solar Energy Systems

1. Solar Energy System Mounted on a Flat Roof

a. Zoning District

i. A solar energy system for a flat roof shall be permitted in all base zoning districts except a solar energy system shall not be placed on any buildings designated as Landmarks in accordance with Article 9.45 of this Ordinance.

ii. A solar energy system for a flat roof may be approved as a part of a Site Plan, Planned Development Master Plan or as part of an Overlay District proposal.

b. Placement on Roof

i. For any building where either axis of the building is two hundred fifty (250) feet or less, there shall be a minimum four (4) foot wide clear perimeter around the edges of the roof and six (6) foot wide clear perimeter for buildings having an axis greater than two hundred fifty (250) feet.

ii. A centerline pathway, having a minimum width of four (4) feet shall be established in a straight line along both axis of a building.

iii. All solar panels shall be setback a minimum of three (3) feet from all vents, chimneys, roof accesses, and other appurtenances.

c. Height above roof surface

The lowest portion of the panels shall not be greater than two (2) feet above the roof surface to which it is mounted and the uppermost portion of each solar panel shall not exceed the maximum height required to optimize the system performance.

d. Screening

A solar energy system shall be screened from view to the public right-of-way in accordance with Table 9.6: Bufferyard, Landscape and Screening Requirements of this UDO.

2. Solar Energy System Mounted on a Pitched Roof

a. Zoning District

i. A solar energy system for a pitched roof shall be permitted in all base zoning districts except a solar energy system shall not be placed on any buildings designated as Landmarks in accordance with Article 9.45 of this Ordinance or any building determined to be historically significant in the APD.

ii. A solar energy system for a pitched roof may be approved as a part of a Site Plan, Planned Development Master Plan, Major Site Plan or as part of an Overlay District proposal.

b. Placement on Roof

i. Panels shall be located in a manner that provides a three (3) foot wide clear access pathway from the eave to the ridge for each roof where panels are located.

ii. Panels shall be located in a manner on a hip roof or a roof having valleys shall be located no closer than eighteen (18) inches from the hip, ridge, eave and valley.

iii. Panels located on a roof with a single ridge shall be setback a minimum of three (3) feet from the edge of the roof and eighteen (18) inches from the ridge and eave providing an access pathways from the eave to the ridge.

iv. A solar energy system shall not exceed the height of the roof peak to which it or the panels are affixed.

v. All solar panels shall be setback a minimum of eighteen (18) inches from all vents, chimneys and other appurtenances.

vi. Solar panels shall be configured as a simple rectangle and aligned with the roof eaves for a roof facing a public right-of-way.

vii. All solar panels shall follow the roof plane not to exceed a maximum of three (3) inches above roof surface.

viii. The exposed surfaces of all solar panel framing, mounting equipment, conduit, piping and other related hardware or equipment shall match the roof color.

ix. All solar panels shall have a non-reflective coating to minimize glare.

x. For single-family, two-family and three family residences having more than one front roof, solar panels shall be located on only one (1) front roof and shall be placed in a single location.

c. Solar Shingles are encouraged to be installed on a premises in-lieu of photovoltaic solar panels. Solar shingles may be placed on any roof of a principal or accessory building in the following manner.

i. Solar Shingles shall be located in a manner that provides a three (3) foot wide clear access pathway from the eave to the ridge for each roof where panels are located.

ii. Solar Shingles shall be located in a manner on a hip roof or a roof having valleys shall be located no closer than eighteen (18) inches from the hip, ridge, eave and valley.

iii. Solar Shingles located on a roof with a single ridge shall be setback a minimum of three (3) feet from the edge of the roof and eighteen (18) inches from the ridge and eave providing an access pathways from the eave to the ridge.

iv. All solar shingles shall be setback a minimum of eighteen (18) inches from all vents, chimneys and other appurtenances.

v. The exposed surfaces of all equipment, conduit, and other related hardware shall match the roof color.

vi. All solar shingles shall have a non-reflective coating to minimize glare.

D. Conditional Solar Energy Systems

Applications for a conditional Solar Energy System shall be subject to the review and approval process established in Article 5.09, Development Approvals: Categories and Criteria of this Ordinance.

1. Purpose and Intent

This section establishes supplementary standards for Solar Energy Systems that may affect adjacent properties, the neighborhood, a development plan or the community even if all of the general standards of this Chapter are met. The intent of this section is to establish appropriate standards for the location, design, and operation of these conditional Solar Energy Systems to ensure they will be installed and operated in a manner that is consistent with the underlying zoning district and will not compromise adjacent uses.

2. Freestanding Solar Energy System

a. Location - A solar energy system may be placed in the required side or rear yard of a premises in accordance with the location requirements for an accessory building in Article 9.39, Accessory Buildings and Use Standards of this Ordinance.

b. Setback - A solar energy system shall be subject to the setback standards for an accessory building in accordance with Article 9.39, Accessory Buildings and Use Standards of this Ordinance.

c. Height - The lowest portion of the solar panels shall not be greater than five (5) feet above the grade or surface to which it is mounted and the uppermost portion of each solar panel shall not exceed the maximum height required to optimize the system performance.

d. Area - A solar energy system shall be subject to the maximum area requirements for an accessory building in accordance with Article 9.39, Accessory Buildings and Use Standards of this Ordinance.

e. Screening of a solar energy system shall be in accordance with Table 9.6, Bufferyard, Landscaping and Screening Requirements.

f. Exemption: A single photovoltaic solar panel having a surface area of one (1) square foot or less in area that is attached to a light fixture or similar appurtenance to provide electrical power to said appurtenance shall be exempt from these requirements.

E. Wind energy conversion systems

1. Purpose. To regulate the placement, construction, and modification of wind energy conversion systems and their support structures in order to protect the public health, safety and welfare, while at the same time not unreasonably interfering with the development of these systems.

2. Standards.

a. Construction Standards. All Wind Energy Systems and support structures shall be certified by an Engineer licensed in the State of Ohio to be structurally sound and, at a minimum, in conformance with Ohio Basic Building Code.

b. Color and Appearance Standards. All Wind Energy Systems shall be painted a non-contrasting gray or similar color minimizing its visibility, unless otherwise required by the Federal Aviation Administration.

c. Artificial Lighting Restricted. No Wind Energy System shall be artificially lit except as required by the Federal Aviation Administration.

d. Access Control. The base of any tower ladders or other climbing apparatus shall be a minimum of twelve (12) feet above the ground.

e. Noise. All alternative energy systems shall comply with the requirements for sound levels established in Article 9.53 A 1, Environmental Requirements of this ordnance.

3. Wind Energy Conversion Systems

a. Small wind energy device

i. A Small Wind Energy Device is a permitted use in all zoning districts excepting the Architectural Preservation District for an Agricultural use.

ii. A Small Wind Energy Device is a conditional use in all zoning districts excepting the Architectural Preservation District for all uses except an agricultural uses.

iii. A Small Wind Energy Device is a prohibited use in the Architectural Preservation District.

iv. No more than one (1) Small Wind Energy Device shall be permitted per premises and shall only generate energy for use for or in support of a main building and/or accessory buildings located on the same lot.

v. Minimum Lot Size: 5 Acres.

vi. Maximum Height: 52 feet to the top of the wind turbine blade at its highest point of travel.

vii. Minimum Setback from Property Lines: All elements of a Small Wind Energy Conversion System shall be set back a distance equal to the height of the system with a wind turbine blade at its highest point of travel.

viii. Design: The small wind energy device shall be placed on a monopole tower without guide wire support. Lattice towers are prohibited.

ix. Uncontrolled Rotation: Both a manual and automatic braking, governing or feathering system shall be required to prevent uncontrolled rotation.

F. Maintenance, Abandonment and Removal

All alternative energy systems and related components shall be properly maintained and kept in operation. Any alternative energy system that is unused or is non-functional for a continuous period of six (6) months shall be deemed abandoned. This shall not include functioning systems used for backup power for emergency situations. The owner shall be notified of the violation and shall be responsible for the removal of the abandoned system within three (3) months. Removal of the alternative energy system shall require approval of the Chief Building Official.

G. Appeals and Variances

1. Appeals shall be in accordance with Article 5.19 of this Ordinance.

2. Variances shall be in accordance with Article 5.17 of this Ordinance.