Chagrin Falls City Zoning Code
TITLE THREE
Zoning Districts and Regulations
1119.01 DISTRICTS.
For the purpose of this Planning and Zoning Code, and to carry out its objectives, the following classification of districts is hereby established in the Municipality:
Title Abbreviation
Conservation District C
Park District P
Institutional District I
Residential Districts
One-Family 100 R1-100
One-Family 60 R1-60
One-Family 50 R1-50
One-Family Cluster R1-C
Two-Family R2F
Attached Single Family ASF
Multi-Family 10 RMF-10
Multi-Family 15 RMF-15
Retirement Living RL
Business Districts
Office Building O
Retail Business R
Central Shopping CS
Limited Industrial LI
Overlay Districts
Residential Mixed Use RMU
(Ord. 2019-39. Passed 8-13-19.)
1119.02 ZONING MAP.
The aforesaid districts are designated by symbols and the locations and boundaries of such districts are established on the Map entitled "Zoning Map of the Municipality of Chagrin Falls, or the Village of Chagrin Falls Zoning Map ", or similar title and referred to in the Planning and Zoning Code as the Map or Zoning Map. The notations, schedules and other information shown thereon and all amendments thereto are hereby made a part of this Planning and Zoning Code. The Map shall indicate the approval of the Planning and Zoning Commission and adoption by Council. The Map, or a print thereof, shall be on file with the Clerk of Council and the Administrator and shall be the final authority as to the status of current zoning map districts.
(Ord. 2019-39. Passed 8-13-19.)
1119.03 DISTRICT BOUNDARY LINES.
The district boundary lines of the Map enclose an area of a designated district, and generally follow the center lines of streets, alleys, and lot lines or their extensions, provided, however:
(a) Where a district boundary line is shown by dimension or relationship as being located a specific distance from and parallel to a street or property line, such distance shall control;
(b) Where a district boundary line is shown as adjoining a railroad, it shall, unless otherwise fixed, be construed to coincide with the nearest boundary line of the railroad right of way;
(c) Where a district boundary line divides a parcel of land, the location of such boundary, unless related to fixed points on the property boundary, shall be determined by scale, and the parts of the lot shall comply with the regulations of the district in which each part is located;
(d) Where a district boundary line does not coincide with any of the aforesaid lines, and where it is not located by dimensions or fixed points shown on the Map, it shall be determined by the scale appearing thereon.
(e) In locations where the Administrator cannot determine the district line in accordance with the above rules, the Board of Zoning Appeals shall determine the exact location.
(f) Whenever any street, alley or other public way is vacated by official action of Council, the zoning district adjoining each side of such street, alley or public way shall be automatically extended to the center of such vacation and all areas included in the vacation shall then be subject to all appropriate regulations of the extended district. (Ord. 2019-39. Passed 8-13-19.)
1119.04 ANNEXED TERRITORY.
All territory which may hereafter be annexed to the Municipality if already zoned shall be continued in its existing zone classification until amended in conformance with the procedure outlined in this Planning and Zoning Code.
(Ord. 2019-39. Passed 8-13-19.)
1121.01 INTENT.
In addition to the applicable provisions of the intent stated in Section 1105.03, the Conservation District shall be applied only to publicly owned land and is established for the following objectives:
(a) To preserve and protect the values of distinctive geologic, topographic, botanic, historic or scenic areas;
(b) To preserve and protect wildlife habitats;
(c) To conserve natural resources and protect the ecological balance of an area; and
(d) To provide opportunities for environmental education and outdoor recreation that are compatible with the other objectives of the District.
(Ord. 2019-39. Passed 8-13-19.)
1121.02 PERMITTED USES.
In a Conservation District, buildings and land shall be used by right for only the main and accessory uses set forth below.
(a) Main Uses.
(1) Forestry.
(2) Hiking trails, boardwalks, and footpaths.
(3) Forest preserves, wildlife habitats, fishing, and fish breeding habitats.
(4) Observation stations and interpretive displays.
(5) Shelters or storage areas.
(b) Accessory Uses.
(1) Off-street parking areas, driveways and walkways.
(2) Sanitation facilities completely enclosed within a permitted main building or structure, or suitably and attractively screened from view where such screening is in conformance with Section 1142.07 of the Planning and Zoning Code
(3) Lighting structures as regulated in Chapter 1150 of this Planning and Zoning Code and flagpoles.
(Ord. 2019-39. Passed 8-13-19.)
1121.03 AREA, YARD AND HEIGHT REGULATIONS.
In the Conservation District, land and structures shall be developed and maintained in accordance with area, yard and height regulations authorized by the Planning and Zoning Commission. Such authorization shall be based on a site plan as required in Section 1109.04 and the following:
(c) Recommendations from the Administrator, Municipal Engineer and other Municipal officers as applicable.
(Ord. 2019-39. Passed 8-13-19.)
1121.04 DEVELOPMENT STANDARDS.
In the Conservation District, land and structures shall be developed and maintained in accordance with the following standards:
(a) The preservation and appropriate management of all timber shall be encouraged.
(b) The preservation and appropriate management of wildlife and wildlife habitats shall be encouraged.
(c) The planting of trees, shrubs and aids for the protection of wildlife and for erosion control shall be encouraged, and when undertaken, shall be in accordance with an approved development plan.
(d) Buildings or structures shall be situated as to:
(1) Leave scenic views or vistas into and out from the development area unblocked or uninterrupted, where, in the opinion of the Planning and Zoning Commission those views or vistas are prominent or locally significant.
(2) Prevent the threat of pollution of waterways with sewage, trash, soil or other pollutants.
(3) Complement the topography of the land in order to utilize natural contours, economize in the construction of utilities, reduce required grading, and maximize the conservation of trees, watercourses, and other natural features.
(e) When necessary, public access will be restricted.
(f) Any utility lines serving the district shall be located underground.
(g) Driveways, parking areas, illumination of parking areas and pedestrian circulation systems shall be constructed in accordance with the objectives of this chapter and the plans for such construction shall be reviewed and subject to approval by the Municipal Engineer.
(h) More than one (1) main building may be grouped on a lot provided that such grouping shall comply with the requirements of this District.
(Ord. 2019-39. Passed 8-13-19.)
1121.05 SIGN REGULATIONS.
Incidental signs shall be permitted. The number, size and placement of such signs shall be the minimum necessary as approved by the Administrator.
(Ord. 2019-39. Passed 8-13-19.)
1123.01 INTENT.
In addition to the applicable provisions of the objectives stated in Section 1105.03 of this Planning and Zoning Code, it is the intent of these district regulations to provide recreational land and facilities appropriately located and designed to serve primarily the local population in a safe and convenient manner while minimizing adverse impacts to adjoining residential areas.
(Ord. 2019-39. Passed 8-13-19.)
1123.02 PERMITTED USES.
In a Park District, buildings and land shall be used by right for only the main and accessory uses set forth below.
(a) Main Uses. Public parks, playgrounds and athletic fields; and swimming pools
(b) Accessory Uses.
(1) Off-street parking and loading areas, driveways and walkways.
(3) Lighting structures as regulated in Chapter 1150 of this Planning and Zoning Code, and flag poles.
(4) Utility, maintenance, sanitation and storage facilities completely enclosed within permitted main buildings or suitably and attractively screened from view where such screening is in conformance with Section 1142.07 of the Planning and Zoning Code
(Ord. 2019-39. Passed 8-13-19.)
1123.03 AREA, YARD AND HEIGHT REGULATIONS.
In a Park District, land and structures shall be developed and maintained in accordance with the area, yard and height regulations as determined by the Planning and Zoning Commission in accordance with the stated intent of Section 1123.01 of this Planning and Zoning Code.
(Ord. 2019-39. Passed 8-13-19.)
1123.04 SCREENING.
The Planning and Zoning Commission may require screening on the lot of a proposed use or development in a Park District wherever that lot adjoins a residential district. Such screening shall be required if deemed necessary by the Planning and Zoning Commission to protect the privacy, welfare, value and character of the adjoining residential area. The Planning and Zoning Commission shall determine if the standards for screening contained in Chapter 1142 of the Zoning Code shall apply.
(Ord. 2019-39. Passed 8-13-19.)
1124.01 INTENT.
In addition to the applicable provisions of the intent stated in Section 1105.03, it is the intent of these district regulations to provide governmental, civic, educational, and religious facilities appropriately located and designed to serve primarily the local population in safety and convenience while minimizing adverse impacts to adjoining residential areas.
(Ord. 2019-39. Passed 8-13-19.)
1124.02 PERMITTED USES.
In an Institutional District, buildings and land shall be used by right for only the main and accessory uses set forth below.
(a) Main Uses.
(1) Educational. Primary and secondary schools, public or private, and preschool day care centers, but not including private trade or business schools, dance studios or similar uses permitted in a Retail Business District.
(2) Recreational. Public parks, playgrounds and athletic fields; and swimming pools.
(3) Religious. Places of worship; and cemeteries.
(4) Governmental. Village hall, library, police station, fire station or ambulance service, sewer and water treatment service garages and yards and similar governmental services, provided that all such facilities are operated by or under contract to the Municipality.
(b) Accessory Uses.
(1) Off-street parking and loading areas, driveways and walkways.
(3) Utility, maintenance, sanitation and storage facilities completely enclosed within permitted main buildings or suitably and attractively screened from view. where such screening is in conformance with Section 1142.07 of the Planning and Zoning Code.
(4) Rooftop mechanical equipment necessary for the normal operation of a permitted use.
(6) Lighting structures as regulated in Chapter 1150 of this Planning and Zoning Code, and flag poles.
(7) Limited sales incidental to the main use and completely enclosed within an otherwise permitted main building and further provided that such use has no outside identification or direct customer entrance.
(Ord. 2019-39. Passed 8-13-19.)
1124.03 AREA AND HEIGHT REGULATIONS.
In an Institutional District, land and structures shall be developed and maintained in accordance with the following area and height regulations.
(a) Lot Size and Width. As determined by the Planning and Zoning Commission in accordance with the stated intent of Section 1124.01 of this Planning and Zoning Code
(b) Building Coverage. Twenty-five percent (25%) of lot area, maximum for all main and accessory buildings. (Ord. 1987-19. Passed 9-28-87.)
(c) Height.
(1) Main buildings. Three stories maximum and not exceeding forty feet.
(2) Accessory structures. Eight feet maximum for fences and walls, except fifteen feet maximum for fences necessary to enclose tennis courts; fifteen feet maximum for other accessory structures.
(3) Exceptions to height limitations. Rooftop mechanical equipment, steeples, spires, cupolas, domes and similar features that do not add additional floor area to the main building may extend a maximum of ten feet above the highest point of the building on which they are located.
(4) Rooftop mechanical equipment shall be set back from any building face a distance at least equal to the height by which it exceeds the building height.
(Ord. 2019-39. Passed 8-13-19.)
1124.04 YARD AND SETBACK REGULATIONS.
In an Institutional District, land and structures shall be developed and maintained in accordance with the following yard and setback regulations. Landscape features, fences, walls and signs shall be permitted in setback areas, provided that such uses conform to applicable regulations of this Planning and Zoning Code. Other accessory uses are permitted in setbacks only in accordance with the setback regulations of subsection (b) hereof.
(a) Main Buildings. The minimum setback from a lot line to a main building shall be as set forth below.
(b)
Yard | To Street R.O.W. line | Minimum Setback (feet) To Residential District Line | To other lot line |
Front | 35 | - | - |
Side (each) | 20 | 40* | 20 |
Rear | 20 | 40** | 20 |
_______________________
* but no less than 20% of lot width at the actual building line.
** but no less than 20% of lot depth.
(c) Accessory Structures or Use. The minimum setback from a lot line to an accessory structure or use shall be as set forth below.
Accessory Use | To street R.O.W. line | Minimum Setback (feet) To Residential District Line | To other lot line |
Buildings | * | 20 | 10 |
Surface parking area | * | 15 | 5 |
Driveway | * | 15 | 5 |
Flag poles | * | 20 | 5 |
Walkways | 0 | 5 | 5 |
* Not permitted in front yards except that drives are permitted only as necessary in providing access to a public right of way
(Ord. 2019-39. Passed 8-13-19.)
1124.05 GROUPING OF MAIN BUILDINGS.
More than one (1) main building may be grouped on a lot provided that such grouping shall comply with the requirements of this District.
(Ord. 2019-39. Passed 8-13-19.)
1124.06 LIGHTING.
Outdoor lighting shall be governed by Chapter 1150, except that all lighting shall be extinguished between the hours of 11:00 p.m. and 7:00 a.m.
(Ord. 2019-39. Passed 8-13-19.)
1124.07 SCREENING.
The Planning and Zoning Commission may require screening on the lot of a proposed use or development in an Institutional District wherever that lot adjoins a residential district. Such screening shall be required if deemed necessary by the Planning and Zoning Commission to protect the privacy, welfare, value and character of the adjoining residential area. The standards for screening contained in Sections 1142.06(b) and (c) of the Planning and Zoning Code shall apply.
(Ord. 2019-39. Passed 8-13-19.)
1124.08 SUPPLEMENTAL REGULATIONS.
1125.01 INTENT.
In addition to the applicable provisions of the intent stated in Section 1105.03, it is the intent of these district regulations to promote development of low-to-medium density housing under conditions which maximize safety and minimize environmental disturbances to residents.
(Ord. 2019-39. Passed 8-13-19.)
1125.02 PERMITTED USES.
In Detached One and Two-Family Residential Districts, buildings and land shall be used by right for only the main and accessory uses set forth below.
(a) Main Uses.
(1) In R1-100, R1-60 and R1-50 Districts: one-family detached dwellings.
(2) In an R2F District: one and two-family detached dwellings
(b) Accessory Uses.
(1) Garages, driveways and walkways as regulated in Section 1125.04(a) and (b) of this Planning and Zoning Code.
(2) Private swimming pools and other private recreational uses as regulated in Section 1125.04(d) of this Planning and Zoning Code.
(5) Central air-conditioner units, generators, heat pumps, as regulated in Section 1125.04 (e) and (f) of this Planning and Zoning Code.
(7) Home occupations, renting of rooms as regulated in Section 1125.05 of this Planning and Zoning Code.
(Ord. 2019-39. Passed 8-13-19.)
1125.03 AREA, YARD AND HEIGHT REGULATIONS: MAIN BUILDINGS.
Lots in R1 and R2F Districts shall be occupied by no more than one (1) main building per lot, and further, shall be developed and maintained in accordance with the following regulations.
R1-100 | R1-60 | R1-50 | R2F 1F/2F | |
(a) Lot size, minimum (sq. ft.) | 20,000 | 9,000 | 6,000 | 6,000/8,000 |
(b) Lot width at building line, minimum (ft) | 100 | 60 | 50 | 50/60 |
(c) Street frontage: minimum (ft.)* | 100 | 60 | 50 | 50/60 |
(d) Lot depth: minimum (ft.) | 160 | 120 | 100 | 100/120 |
(e) Coverage by main building, maximum | 18% | 20% | 24% | 24%/27% |
(f) Front yard setback, minimum (ft.) | 50 | 35 | 30 | 30/30 |
(g) Side yard setback, minimum (ft.) | ||||
w/attached garage: each side | 10 | 5 | 3 | 3/5 |
total | 24 | 12 | 8 | 8/12 |
w/detached garage: each side | 14 | 5 | 3 | 3/5 |
total | 28 | 15 | 12 | 13/15 |
corner lots, from side street ** | 10 | 10 | 10 | 10/10 |
(h) Rear yard setback, minimum (ft.) | 50 | 40 | 30 | 30/30 |
(or 30% of depth, whichever is less) | ||||
(i) Dwelling unit area, minimum (sq. ft.) | ||||
1 - story building | 1,200 | 950 | 800 | 750/950 |
2 - 2 1/2 story building | 1,500 | 1,250 | 1,100 | 800/1,100 |
*except as permitted in subsection (m) hereof
** except as regulated in subsection (n) hereof
(j) Height. The height of a dwelling shall not exceed thirty- five feet above finished grade. The Architectural Board of Review shall determine finished grade. Chimneys and antennae located on the dwelling may exceed this limitation but are limited to a maximum height of fifteen feet above the roof line.
(k) Projection of Building Features into Setbacks.
(1) Certain architectural features may project from a dwelling into any setback a maximum distance of three feet. However, no such feature shall extend to within three feet of a side lot line or into a setback any distance greater than a setback line that has been established by a variance. For purposes of this subsection, architectural features shall include awnings, balconies, bay windows, belt courses, canopies, cornices, projecting eaves and other overhangs.
(2) Entrance features not exceeding forty-eight (48) square feet may project into a setback a maximum distance of six feet provided that no projection shall extend into a setback any distance greater than a setback line that has been established by a variance. Entrance features shall include steps, landings, platforms and unenclosed porches not extending above the first floor.
(3) Structures such as porches, balconies, platforms, decks, patios, and similar architectural projections that exceed forty-eight (48) square feet shall meet the setback requirements of the main building.
(l) Modifications to Required Front Yard Setback. For a lot located on a block which is occupied along at least fifty percent (50%) of its frontage by one or two-family detached dwellings, the Planning and Zoning Commission may establish a front yard setback equal to the average existing setback of dwellings located within 100 feet on either side of the lot proposed for development. However, the front yard setback shall not be less than two-thirds of that established in subsection (f) hereof.
(m) Street Frontage on Curved Streets. For lots which front on a curved street segment, the minimum street frontage required in subsection (c) hereof shall be reduced in proportion to the degree of curvature. The minimum permitted street frontage for such lots shall be that distance which results from side lot lines drawn as radials of the circle(s) formed from the front lot line.
(n) Garages. Each dwelling unit shall be served by a garage located on the same lot. An attached garage is part of the main building when a wall or roof between the dwelling and attached garage has a minimum of forty percent (40%) of the length of the garage wall or roof in common with the dwelling wall or roof. For dwelling units located on a corner lot and having an attached garage with garage doors facing the side street, the minimum distance from the side street line to the garage portion of the main building shall be twenty feet.
(Ord. 2019-39. Passed 8-13-19.)
1125.04 AREA, YARD AND HEIGHT REGULATION; ACCESSORY BUILDINGS AND STRUCTURES.
Accessory buildings and structures shall not be located in setbacks except as permitted herein. However, landscape features and private gardens in conformance with applicable height and visibility regulations may be located in any setback. Accessory structures shall comply with the yard regulations of this Section.
(a) Accessory Buildings Including Detached Garages. Accessory buildings, including detached garages, shall be in accordance with the following standards:
(1) The minimum interior dimensions of a detached garage shall be twenty feet in length and nineteen feet in width.
(2) All accessory buildings and structures, including detached garages for each lot shall not exceed 700 square feet in total area and shall not occupy more than thirty percent (30%) of the rear yard.
(3) Such buildings shall be located only in rear yards, a minimum distance of three feet from each lot line. If the side or rear yard requirement is greater than three feet, architectural and entrance features may project into any setback a maximum distance of three feet, but in no event shall such feature extend to less than three feet from any lot line. For purposes of this subsection, architectural features shall include awnings, balconies, bay windows, belt courses, canopies, cornices, projecting eaves and other overhangs. Entrance features shall include steps, landings, platforms and unenclosed porches.
(4) For corner lots, the minimum distance from the side street line shall be five feet plus the setback for the main building.
(5) For through lots not abutting alleys, the minimum distance from the rear lot line shall be twenty feet plus the average front yard setback of the adjoining lots having street frontage on the street opposite the front line of the through lot. Where there are no adjoining lots, the minimum distance from the rear lot line shall be the required side yard setback plus five feet.
(6) The maximum height of an accessory building shall not exceed eighteen feet. The Architectural Board of Review may approve a height of no more than twenty-two feet for an accessory building to permit a roof pitch that is architecturally compatible with the main building on the lot and on property in proximity to the lot when required by Chapter 1146. Such approval shall be in accordance with the following compatibility requirements:
A. The maximum height shall not exceed twenty-two feet;
B. The maximum height shall not exceed that of the main building;
C. Regardless of the height of the building, the maximum height of the sidewalls of a garage shall not exceed ten feet from the floor of the garage to the top of the sidewall; and
D. The distance of an accessory building from the side and rear lot lines shall increase by one foot for each foot over eighteen feet in building height. Where the computation results in a fractional unit, the requirement shall be rounded up to the closest foot.
(7) No portion of an accessory building may be occupied for residential use.
(b) Driveways. Driveways shall be permitted in accordance with the following standards:
(1) Each dwelling unit shall be served by a driveway located on the same lot.
(2) Such driveway shall have a minimum width of eight feet and a maximum width of twenty feet at the intersection with the public right of way.
(3) The amount of improved area designed for parking and driveways in each setback shall not exceed twenty-five percent (25%) of the front yard and thirty percent (30%) of the rear yard.
(4) Driveways may be located in any setback with the exception of side yards less than ten feet in width. Additionally, each driveway shall be set back a minimum distance of two feet from any dwelling unit, except at the point of access to an attached garage. A driveway on one lot shall maintain a minimum distance of six feet from a driveway on an adjoining lot and two feet from any other adjoining lot line.
(5) Driveways on adjoining lots shall not be located in proximity to a common side lot line unless approved by the Planning and Zoning Commission for considerations of safety.
(6) The centerline of each driveway shall be at least twenty feet from the right- of-way line of the nearest intersecting street.
(7) Driveways that do not connect to a garage are prohibited.
(d) Recreational Uses.
(1) Swimming pools. Swimming pools shall be located only in rear yards and shall be set back a minimum distance of ten feet from each lot line. Any swimming pool in which water may collect to a depth in excess of one and one-half feet shall be enclosed by a wall or fence as regulated in Chapter 1148.
(2) Recreation courts. Tennis, basketball and other recreation courts shall be located only in rear yards and shall be set back from each lot line a minimum distance of ten feet as measured either from the enclosing fence or, if no fence is required, from the edge of the court surface. Tennis courts shall be enclosed by a metal chain link or mesh fence as regulated in Chapter 1148. This section shall not restrict the location of a basketball backboard that is not part of a basketball court but is attached to an existing structure or a pole located beyond the required front yard for a building or side yard for a driveway.
(e) Central Air Conditioner Units, Heat Pumps. Air conditioner units and heat pumps shall be:
(1) Located at the side or rear of the dwelling in compliance with the setback requirements of the main building; and
(2) Screened from view with evergreen plant material or decorative fencing.
(f) Generators. Generators shall be:
(1) Located at the side or rear of the dwelling in compliance with the setback requirements of the main building;
(2) Screened from view with evergreen plant material or decorative fencing;
(3) Installed in conformance with the manufacturer's specifications;
(4) Fueled by natural gas;
(5) Situated so as to exhaust into the interior of the lot on which they are located;
(6) Used only during periods of power outages, or, for periodic testing and necessary maintenance operation between the hours of 7:00 a.m. and 7:00 p.m.; and
(7) Equipped with sound attenuation equipment sufficient to ensure that the noise level produced during operation complies with the requirements of Section 1144.02(b). (Ord. 2019-39. Passed 8-13-19.)
1125.05 HOME OCCUPATIONS; RENTING OF ROOMS.
(a) Home Occupations. Home occupations, including professional offices are permitted only if in conformance with the following standards:
(1) Employment. The occupation is conducted only by members of the family residing in the dwelling unit.
(2) Area. The occupation is conducted within a completely enclosed dwelling unit and any space used for sales, service or production occupies no more than twenty-five percent (25%) of the dwelling unit 's floor area nor more than 150 square feet.
(3) Sales. All merchandise sold on the premises is produced on the premises.
(4) Environmental impact. No use shall create noise, dust, odor, glare, smoke, vibration, fire hazard or any other hazard to an extent or frequency greater than that usually experienced in a residential occupancy with no home occupation in the same district. nor shall hazardous chemicals or substances not ordinarily found in a home be permitted for a home occupation use.
(5) Exterior appearance. The residential character of the building in which the activity occurs is not diminished.
(6) Parking. The occupation does not necessitate the parking of more automobiles than can be accommodated in the dwelling's driveway.
(7) Nursery schools/group instruction. No class session exceeds an enrollment of twelve students, and no session begins before 9:00 a.m. nor continues after 10:00 p.m.
(8) No Interference. No home occupation shall include the repair of motor vehicles or equipment and any home occupation use shall not interfere with television, telephone, cable television or other communication signals or services, Wi-Fi or internet communication signals or connections, or cause electric line fluctuations,
(9) The use of the dwelling unit for a home occupation shall be clearly incidental to the main use as a dwelling.
(b) Renting of Rooms. Where the owner of a dwelling unit resides in such dwelling unit, not more than two rooms in such dwelling unit shall be occupied by a non-owner resident family and the number of renters in such dwelling unit shall be limited to two persons.
(Ord. 2019-39. Passed 8-13-19.)
1125.06 LANDSCAPING REQUIREMENTS.
A zoning certificate for development under regulations of this chapter shall not be issued unless a plan which demonstrates compliance with the following landscaping requirements has been approved by the Administrator.
(a) General. All portions of a lot not used for permitted structures, parking areas, driveways or walkways shall be properly planted with grass or other suitable vegetative ground cover and shall be maintained in good condition.
(b) Tree Lawn. A strip of grass-covered land at least seven feet in width, known as the tree lawn, shall be reserved in a location between the roadway curb and the sidewalk contiguous to each lot where a sidewalk exists or is proposed.
(c) Existing Vegetation. In the construction of new buildings or building additions, existing trees and other significant vegetation shall be retained, wherever feasible.
(d) Street Trees. Trees shall be planted so that for every lot there is at least one tree on each tree lawn abutting a street. The minimum diameter of such trees, at planting, shall be three inches at twelve inches above ground level. The requirement of tree plantings on tree lawns shall not be applied to lots on which an existing mature tree is so situated in a yard that it would impede the eventual growth of a tree located on the tree lawn. All tree varieties shall be from a list of approved trees kept on file in the Building Department. Maintenance of Landscaping and Replacement of Landscaping. All landscaping required by this Planning and Zoning Code shall be maintained in good condition and, when necessary, shall be replaced with landscaping comparable to the landscaping required by the approved landscape plan. Any tree, shrub, or bush that is no longer in good condition, shall be replaced, at a minimum, with a tree, shrub, or bush that is comparable to the type and height of the tree, shrub, or bush specified for initial planting in the approved landscape plan. Any request to plant or maintain landscaping that is not comparable to the landscaping required by the approved landscape plan shall be reviewed by the Administrator and approved only if such landscaping is an improvement and enhancement, as determined by the Administrator, to the originally approved plan. The Administrator, in considering whether or not landscaping is an improvement and enhancement, shall consider the need for a visual barrier, the intent of the original landscaping plan, the contiguous properties, the current site conditions, including soil conditions and the success of a certain species growing in the area, and any other factor deemed relevant by the Administrator. (Ord. 2019-39. Passed 8-13-19.)
1125.07 VISIBILITY AT INTERSECTIONS.
Within a triangle formed by lines drawn between points on two street right-of-way lines twenty-five feet from their point of intersection, substantially unobstructed sight lines shall be maintained within a vertical height band two and one-half to six feet above curb level.
(Ord. 2019-39. Passed 8-13-19.)
1125.08 SUPPLEMENTAL PARKING REGULATIONS.
In addition to the applicable parking regulations of Chapter 1141, the following parking regulations shall apply in all R1 and R2F Districts.
(a) Exceptions. Vehicles temporarily on the premises of a dwelling for the purposes of deliveries, repairs, construction, landscaping, maintenance, garbage removal or service calls to and from the dwelling are exempt from the requirements of this section.
(b) Overnight Parking. Overnight parking of vehicles in front and side yards is prohibited with the following exceptions:
(1) The occupants of the premises and their guests may park a passenger vehicle that is not considered a large vehicle (hereafter defined) in a driveway provided that no part of any vehicle may extend over any public sidewalk or other right of way.
(2) A single vehicle having truck license plates and with a capacity rating of one (1) ton or less may be parked in a driveway provided that no part of any vehicle may extend over any public sidewalk or other right of way and that such truck is used solely by the occupant of the dwelling.
(c) Prohibited Activity. The rebuilding, overhauling or dismantling of an automotive vehicle or recreational vehicle or the storage of motor or body parts in an open yard is prohibited.
(d) Recreational Vehicles. The outside parking and storage of recreational vehicles shall conform to the following:
(1) When not authorized under Section 1125.08(d)(5) or 1125.08(d)(6), a single recreational vehicle twenty-four (24) feet or less in overall length or eight (8) feet or less in width or twelve (12) feet or less in height, inclusive of any rooftop mechanical equipment may be parked or stored on the premises provided that the following requirements are satisfied:
A. The vehicle shall be located only in a rear yard, a minimum distance of three feet from any lot line plus the width of required screening. On a corner lot the vehicle may be parked no closer to the street than five feet plus the setback for the main building plus the width of required screening.
B. The Administrator may require an increase in setbacks if necessary, for the installation of adequate screening.
C. The vehicle shall be screened as required under Section 1125.08(f) so as to obscure it from contiguous parcels and public streets when viewed from contiguous parcels and public streets by a person standing at ground level. The Administrator may exclude from the screening requirement an area of sufficient width to serve as an approach drive for the vehicle.
D. All parking areas and access drives to accommodate the vehicle shall comply with the requirements of Section 1125.04(b) and shall be paved with concrete, asphalt or other hard surface materials.
(2) Recreational vehicles parked or stored shall not have fixed connections for electricity, water, gas or sanitary sewer facilities, and at no time shall a recreational vehicle be used for dwelling, business, or commercial purposes or for any accessory uses.
(3) The wheels or any similar devices of any recreational vehicle shall not be removed except for repairs, nor shall such vehicle be otherwise permanently fixed to the ground in a manner that would prevent ready removal.
(4) No recreational vehicle shall be parked, stored or allowed to remain on a lot or parcel of land that is not improved with a main building being used for a permitted main use of the lot.
(5) One (1) recreational vehicle may be parked in a driveway for loading and unloading, for a period not to exceed forty-eight (48) consecutive hours as long as the location where the recreational vehicle is parked does not obstruct the view of vehicular and pedestrian traffic and no parking of such vehicles shall occur on more than a total of ten (10) days in any calendar year or any part of such days. The provisions of this subsection shall apply to any recreational vehicle, regardless of its length or width.
(6) A recreational vehicle that is not owned by a resident person may be parked in the driveway of a lot for not more than five (5) consecutive days. Within a calendar year, there shall be a maximum of two permissible periods that any such vehicle is so parked. The Administrator may allow an extension of the five (5) day period for an emergency.
(7) All recreational vehicles, when required by law, shall have current legal license tags and/or plates.
(e) Large Vehicles and Trailers.
(1) Vehicles exceeding nineteen (19) feet in length or seven (7) feet in width, or eight (8) feet in height are considered large vehicles for the purpose of the Planning and Zoning Code. Unless otherwise permitted in this section, a large vehicle shall be stored in a garage and used solely by the occupants of the dwelling. No large vehicle shall be parked, stored or allowed to remain on a lot or parcel of land that is not improved with a main building being used for a permitted main use of the lot.
(2) When not considered a large vehicle, the outside parking and storage of trailers shall conform to the following:
A. The trailer shall be located only in a rear yard, a minimum distance of three feet from any lot line plus the width of required screening. On a corner lot, the trailer may be parked no closer to the street than five feet plus the setback for the main building plus the width of required screening.
B. The Administrator may require an increase in setbacks if necessary, for the installation of adequate screening.
C. The trailer shall be screened as required under Section 1125.08(f) so as to obscure it from adjacent parcels and public streets when viewed from adjacent parcels and public streets by a person standing at ground level. The Administrator may exclude from the screening requirement an area of sufficient width to serve as an approach for the trailer.
D. The wheels or any similar devices of any trailer shall not be removed except for repairs, nor shall such trailer be otherwise permanently fixed to the ground in a manner that would prevent ready removal.
E. No trailer shall be parked, stored or allowed to remain on a lot or parcel of land that is not improved with a main building being used for a permitted main use of the lot.
(f) Screening. Screening shall consist of a planted area that provides a year-round, continuous, visual screen to an initial height of at least eight feet and an initial depth of at least ten feet. At a minimum, such planted area shall consist of two staggered rows of evergreen (non-deciduous) vegetation. Landscaped earth mounds and fencing may supplement the planted screen in order to achieve the required screen density and height. The Administrator shall determine the effectiveness of the selected screening. The screening requirement shall not apply where natural or man-made barriers exist which provide continual screening generally equivalent to that required by this Section. Screening shall be maintained in good condition at all times.
(Ord. 2019-39. Passed 8-13-19.)
1125.09 KEEPING CHICKENS.
The keeping of chickens may be permitted solely in the R1-100 District subject to the following:
(a) A maximum of four (4) female chickens may be kept on the property. Roosters are not permitted.
(b) Chickens shall be kept in an enclosure or fenced area, such as a coop or run at all times.
(c) Chicken coops and runs must meet the following standards:
(1) Chicken coops and runs are allowed in the rear yard only.
(2) Chicken coops and runs shall be located a minimum of fifteen (15) feet away from the main building and all contiguous lot lines.
(3) The facility must be kept in good repair, maintained in a clean and in a sanitary condition, and free of vermin, obnoxious smells and substances. The facility shall not create a nuisance or disturb neighboring residents due to noise, odor, damage or threats to public health.
(4) The chicken coop and run shall be designed to ensure that the health and well-being of the animal is not endangered by the manner of keeping or confinement.
(5) The chicken coop and run shall be adequately screened from view with evergreen plant material or fencing.
(d) Chicken manure shall not be stored on the premises.
(e) Chickens shall be kept in coops from dusk to dawn.
(f) Slaughtering of chickens on the premises is prohibited.
(Ord. 2019-39. Passed 8-13-19.)
1126.01 INTENT.
In addition to the applicable provisions stated in Section 1105.03, it is the intent of these regulations to achieve the following objectives:
(a) Efficient use of facilities and improvements required in connection with residential development;
(b) Provision of open space and preservation of important environmental values; and
(c) Increased flexibility in the design and arrangement of single family detached residential development so as to minimize the impact on existing residential areas.
(Ord. 2019-39. Passed 8-13-19.)
1126.02 PERMITTED USES.
In the R1-C District, buildings and land shall be used by right for only the main and accessory uses set forth below.
(a) Main Uses. One-family detached dwellings.
(b) Accessory Uses.
(1) Garages, driveways and walkways as regulated in Section 1125.04 (a) and (b) of this Planning and Zoning Code.
(4) Central air-conditioner units, generators, heat pumps, as regulated in Section 1125.04 (e) and (f) of this Planning and Zoning Code.
(6) Home occupations, renting of rooms as regulated in Section 1125.05 of this Planning and Zoning Code
(Ord. 2019-39. Passed 8-13-19.)
1126.03 DEVELOPMENT AREA.
(a) The application of this chapter is limited to the land area or areas so designated on the official Zoning Map.
(b) The minimum development area shall be twenty contiguous acres and the total area shall be under one ownership at the time of application or the subject of a joint application.
(Ord. 2019-39. Passed 8-13-19.)
1126.04 DETERMINATION OF DENSITY.
(a) The legally permitted density shall be determined by a "yield plan" based on the R1-100 District requirements and for the purpose of density calculations assumes conventional lot and street layouts conforming to all Municipal regulations. Such plans shall be conceptual in nature, but may not include lots or streets that would not be permitted in a conventional layout. In no case shall the number of building lots or dwelling units permitted exceed the yield plan number of units or lots.
(b) Lots in the R1-C District shall be occupied by not more than one (1) main building per lot. (Ord. 2019-39. Passed 8-13-19.)
1126.05 DEVELOPMENT PLAN REQUIRED; DESIGN CRITERIA.
A development plan shall be submitted in accordance with Chapter 1109. When reviewing such plans, the Planning and Zoning Commission shall use as a guide the standards of this chapter and the guidelines set forth below. Where strict application of these standards would serve no significant purpose, the Planning and Zoning Commission shall have the authority to waive, modify or apply additional standards so long as the convenience and general welfare of neighboring uses is maintained.
(a) Lot and yard sizes shall be shown on the development plan and shall comply with the requirements of this chapter.
(b) Area, Yard and Height requirements shall not be reduced to less than the requirements of Chapter 1125.03 for the R1-50 District.
(c) Building sites shall be arranged to minimize disruption of scenic views and vistas.
(d) The location, mass and spatial relationships of buildings shall emulate traditional village patterns and local character.
(e) The arrangement of roads, driveways and lots shall be logically related to existing topography and land form.
(f) Natural features such as hills and ridges, trees, wooded areas, rock outcroppings, ravines, and water courses shall be undisturbed insofar as possible.
(g) Landscaping shall be required around the boundary of a Cluster Development to screen and lessen the impact of the development on surrounding properties. The buffer shall be landscaped in accordance with an approved landscape plan and shall be maintained as open space which may be included as part of the required common open space.
(h) The plan shall not have an adverse impact on the scale and character of surrounding existing development.
(Ord. 2019-39. Passed 8-13-19.)
1126.06 MAXIMUM DWELLING UNIT AREA.
The dwelling unit area of each dwelling unit shall not exceed 2,800 square feet.
(Ord. 2019-39. Passed 8-13-19.)
1126.07 OPEN SPACE REQUIRED.
(a) A minimum of fifty percent (50%) of the gross acreage in a Cluster Development shall be retained as permanent open space with such areas indicated on a map submitted by the applicant.
(b) The designated open space shall be designed to best preserve the natural qualities of the land and shall typically include all or part of the following resources:
(1) Mature woodlands.
(2) Top of ridge lines.
(3) Aquifer recharge areas.
(4) Areas with highly permeable soils.
(5) Significant wildlife habitat areas.
(6) Historic, archaeological or cultural features.
(7) Scenic views into the property from existing public roads.
(c) To the extent possible, designated open space shall be contiguous acreage. Except areas that by their nature have a linear configuration, such as buffers, waterbodies, or trail links, the length to width ratio of any parcel of open space shall not exceed 4:1.
(d) Every effort shall be made to provide open space that will either connect or have potential to connect to contiguous areas to form a network of open space.
(e) Stormwater management ponds or basins may be included as part of the minimum required open space.
(f) Uses of the common open land shall be limited to conservation and natural preserve areas, and passive park type uses such as hiking trails,
(g) The limits of designated open space shall be permanently and visibly marked in a manner so as to distinguish such open space from individual lots.
(h) Common open space shall not be depleted, reduced in size or converted to any other use. (Ord. 2019-39. Passed 8-13-19.)
1126.08 OWNERSHIP AND MAINTENANCE OF OPEN SPACE.
(a) The applicant shall submit copies of the proposed documents which provide for the permanent preservation of open space at the time of application for development. No application shall be approved until such documents are acceptable to the Municipality and the Law Director in form and content.
(b) Such common open space, proposed to be constructed in such space, shall be clearly delineated on the site plan together with descriptive data as to the methods to be employed to preserve and maintain such open space.
(c) All common open space shown on the site plan must be owned in unencumbered fee simple title by an association or corporation solely owned and controlled by the dwelling unit owners, and subject to legally enforceable declarations and restrictions. Such declarations and restrictions shall grant enforcement rights to the Municipality as a third-party beneficiary and shall be reviewed by and must obtain approval of the Law Director before final approval for development will be granted.
(Ord. 2019-39. Passed 8-13-19.)
1126.09 ACCESS AND CIRCULATION.
(a) Every lot shall have a minimum of fifty feet of contiguous frontage on a public or private street.
(b) Private streets shall be clearly delineated on the development plan together with the descriptive data as to the compliance with the regulations of Chapter 1161 and the methods proposed for maintaining the private streets. In those cases where no request for public dedication is likely to be made, the Planning and Zoning Commission may authorize modifications to the requirements of Chapter 1161. Such authorization may include input from the Administrator, Municipal Engineer, Law Director and other Municipal officials as applicable.
(c) The front yard setback of lots with frontage on a private street shall be measured from the edge of pavement or back of curb.
(d) All private streets shown on the development plan shall be subject to legally enforceable reservations and restrictions acceptable to and enforceable by the Municipality, which will ensure the preservation of the private street in perpetuity.
(e) Each development shall be served by a comprehensive walkway system, adequately separated from vehicular circulation.
(Ord. 2019-39. Passed 8-13-19.)
1126.10 SUPPLEMENTAL REGULATIONS.
(a) Rebuilding, overhauling or dismantling of an automotive vehicle or the storage of motor or body parts in an open yard is prohibited.
(b) Outside parking and storage of recreational vehicles is prohibited.
1127.01 INTENT.
In addition to the applicable provisions of the intent stated in Section 1105.03, it is the intent of these district regulations to promote development of medium-density clustered housing in order to appropriately and efficiently utilize limited remaining vacant land in the community.
(Ord. 2019-39. Passed 8-13-19.)
1127.02 PERMITTED USES.
In an ASF District, buildings and land shall be used by right only for the main and accessory uses set forth below:
(a) Main Uses.
(1) Detached single-family dwellings as permitted in R1-50 Districts and as regulated in Chapter 1125.
(2) Attached single-family dwellings where more than one (1) main building may be grouped on a lot provided that such grouping shall comply with the requirements of this District.
(b) Accessory Uses.
(1) Private swimming pools as regulated in Section 1125.04(d)(1) of this Planning and Zoning Code, and other private recreational uses, including community center buildings.
(3) Utility, maintenance, sanitation and storage facilities completely enclosed within otherwise permitted buildings.
(4) Central air-conditioner units, heat pumps, generators, as regulated in Section 1125.04 (e) and (f) of this Planning and Zoning Code.
(6) Home occupations, renting of rooms as regulated in Section 1125.05 of this Planning and Zoning Code.
(Ord. 2019-39. Passed 8-13-19.)
1127.03 AREA REGULATIONS.
In an ASF District, attached single family dwellings shall be developed and maintained in accordance with the following area regulations:
(a) Development area: 3 acres minimum.
(b) Density: 8 dwelling units per acre maximum.
(c) Lot width at building line: 200 feet minimum.
(d) Lot width at street line: 60 feet minimum at each vehicular entrance and along the length of each vehicular access through a yard area.
(e) Building coverage: 25% of lot area, maximum, for all main and accessory buildings.
(f) Dwelling unit width: 20 feet minimum,
(g) Dwelling units per structure: 8 units maximum.
(h) Dwelling unit area: 1,400 square feet minimum for one and two-bedroom units and 200 square feet for each additional bedroom.
(i) Common open space: 750 square feet of lot area, minimum, per dwelling unit as defined and regulated in Section 1127.07(d).
(j) Private open space: 240 square feet, minimum, of private open space provided contiguous to each dwelling unit and differentiated from common areas by means of such approved features as plantings, fences, walls, screens, patios, etc.
(k) Utility and Storage Area: 100 square feet of utility and storage area provided on the ground floor or basement level of each dwelling unit in addition to the dwelling unit area.
(Ord. 2019-39. Passed 8-13-19.)
1127.04 HEIGHT REGULATIONS.
In an ASF District, attached single-family dwellings and other structures shall be developed and maintained in accordance with the following height regulations.
(a) Buildings: 35 feet, maximum.
(b) Accessory structures: Six feet maximum for accessory structures which are not buildings; twelve feet maximum for tennis court fences as regulated in Section 1148.05(d)(2).
(c) Exceptions to height limit: Chimneys and antennas located on a main building may exceed the height limit established for buildings but are limited to a maximum height of ten feet above the roof line.
(Ord. 2019-39. Passed 8-13-19.)
1127.05 YARD AND SETBACK REGULATIONS.
In an ASF District, attached single-family dwellings and other structures shall be developed and maintained in accordance with the following regulations. Landscape features, gardens, fences, walls and signs shall be permitted in setback areas, provided that such uses conform to applicable regulations of this Planning and Zoning Code.
(a) Main Buildings. The minimum setback from a lot line to a main building shall be as set forth below.
(1) To a street right-of-way line: 35 feet.
(2) To an R1 District line: 35 feet.
(3) To another lot line: 25 feet.
(b) Accessory building, structure or use. The minimum setback from a lot line to an accessory building, structure, or use shall be as set forth below:
Minimum Setback (feet) | |||
Accessory Uses | To Front Lot Line | To R1 District Line | To Other Lot Line |
Buildings and Structures | * | 35 | 15 |
Surface Parking Area | * | 10 | 5 |
Private Roads | * | 10 | 5 |
Recreation Facilities | * | 30 | 10 |
Walkways | 0 | 5 | 5 |
________________________
*Not permitted in front yards, except that private roads are permitted only as necessary in providing access to a public right of way.
(c) Projection of Building Features into Setbacks.
(1) Certain architectural features may project from a main building into any setback a maximum distance of three feet. However, no such feature shall extend to within three feet of a side lot line or into a setback any distance greater than a setback line that has been established by a variance. For purposes of this subsection, architectural features shall include awnings, balconies, bay windows, belt courses, canopies, cornices, projecting eaves and other overhangs.
(2) Entrance features not exceeding forty-eight (48) square feet may project from a main building into a setback a maximum distance of six feet provided that no projection shall extend into a setback any distance greater than a setback line that has been established by a variance. Entrance features shall include steps, landings, platforms and unenclosed porches not extending above the first floor.
(3) Structures such as porches, balconies, platforms, decks, patios, and similar architectural projections that exceed forty-eight (48) square feet shall meet the setback requirements of the main building.
(Ord. 2019-39. Passed 8-13-19.)
1127.06 DISTANCES BETWEEN BUILDINGS AND USES.
In an ASF District, attached single-family dwellings and other structures shall be developed and maintained in accordance with the following regulations regarding the required distances between buildings and other uses.
(a) Definitions and Measurement Standards. The following definitions and measurement standards shall apply to terms used in this section.
(1) Main wall. Any exterior wall(s) of a residential building containing the principal windows of a living, dining or sleeping room or rooms.
(2) Secondary wall. Any exterior wall(s) of a residential building other than a main wall, containing minor windows of a dining or sleeping room, principal or minor windows of a kitchen or bathroom, or no windows.
(3) Overlapping walls. A wall of one building shall be considered as overlapping a wall of a second building when perpendicular lines extended from that wall intersect the second wall.
(4) Length of overlap. The "length of overlap" shall be considered as the length of the portion of one wall from which perpendicular lines will intersect a second wall. In determining the length of overlap, the minimum possible overlap shall be used for computation.
(5) Facing walls. Although more than one set of walls may be "overlapping" in the relationship between two buildings, only one set of two walls shall be considered "facing". Facing walls shall be those two overlapping walls for which the length of overlap is the greatest.
(b) Schedule of Distances. The minimum distance between walls of main buildings and other walls or uses shall be as set forth in the following schedule:
Building Wall | Other Wall or Use | Minimum Distance (feet) |
Main wall, facing: | another main wall | 40+x |
secondary wall | 30+x | |
accessory building | 30 | |
Secondary wall, facing: | another secondary wall | 25+x |
accessory building | 20 | |
Accessory building, facing: | another accessory building | 15 |
private road | 10 | |
x = length of overlap divided by 5
(Ord. 2019-39. Passed 8-13-19.)
1127.07 DESIGN REGULATIONS AND STANDARDS.
In an ASF District, attached single-family dwellings and other structures shall be developed and maintained in accordance with the following design regulations and standards.
(a) Building Design. In order to enhance privacy and to reduce the apparent mass of the buildings, the alignment of attached single-family dwellings should be varied and the facades of not more than every two dwelling units shall be offset by at least sixteen inches. Variations in exterior features such as facade, width, color, exterior materials and roof lines shall be deemed desirable. Furthermore, parallel arrangements of buildings should be avoided.
(b) Site Design. Attached single-family developments shall be designed to complement the topography of the land in order to utilize natural contours, economize in the construction of utilities, reduce required grading, and maximize the conservation of trees, watercourses and other natural features. Natural features and other distinctive characteristics of the site shall be integrated into the plan to create functional variations in the arrangements of dwellings, open spaces and accessory uses.
(c) Modifications to Area, Yard and Setback Requirements. With respect to properties of irregular shape, or unusual topography, relative to other properties in the same Zoning District, the Planning and Zoning Commission may modify requirements regarding areas, yards, setbacks and distances between uses if compliance with these requirements is either clearly infeasible or contrary to compliance with the design regulations and standards of this section. However, the maximum permitted density shall not be increased by reason of this provision. Applicants shall first seek modifications under this section prior to filing an application as set forth in Section 1111.03 for a variance for areas, yards, setbacks and distances between uses.
(d) Common Open Space. As required in Section 1127.03(i), at least 750 square feet of land per dwelling unit shall be reserved as common open space in each ASF District.
(1) Required characteristics. Land designated as common open space under the provisions of this section shall conform to the characteristics described below.
A. Common open space shall consist of land or a combination of land and water of such condition, size and shape as to be usable for passive recreation and/or scenic enjoyment as appropriate to the site, the surrounding area, and the expected resident population. Such area shall contain no structures other than those related to recreational use and shall not include roads, parking areas or private open space.
B. Setback areas shall be excluded in the computation of common open space.
C. Consideration shall be given to the arrangement and location of common open space to take advantage of physical characteristics of the site and to place common open space within easy access and view of dwelling units. Common open space shall not be separated from the development by existing roads.
D. Common open space shall not be depleted, reduced in size or converted to any other use.
(2) Ownership and maintenance.
A. The applicant shall submit copies of the proposed documents which provide for the permanent preservation of open space at the time of application for development. No application shall be approved until such documents are acceptable to the Municipality and the Law Director in form and content.
B. Such common open space, including any recreational facilities proposed to be constructed in such space, shall be clearly delineated on the site plan together with descriptive data as to the methods to be employed to preserve and maintain such open space.
C. In the event the open space is owned in common by more than one owner directly or indirectly, a non-profit association shall be incorporated under the laws of the State of Ohio and shall own the open space in unencumbered fee simple title.
D. All common open space shown on the site plan must be owned by an association or corporation solely owned and controlled by the dwelling unit owners, and subject to legally enforceable declarations and restrictions. Such declarations and restrictions shall grant enforcement rights to the Municipality as a third-party beneficiary, and shall be reviewed by and must obtain approval of the Law Director before final approval for development will be granted. .
(e) Pedestrian Circulation. Each attached single-family residential development shall be served by a comprehensive walkway system adequately separated from vehicular circulation, connecting residential buildings to parking and recreation areas.
(f) Utility Equipment. All utility lines serving an attached single-family residential development shall be located underground.
(Ord. 2019-39. Passed 8-13-19.)
1127.08 OFF-STREET PARKING REGULATIONS.
In addition to the applicable regulations of Chapter 1141, the following parking regulations shall apply in an ASF District.
(a) Common Parking Areas. In addition to the parking required in Chapter 1141, a minimum of one-half (0.5) off-street parking space per attached single family dwelling unit shall be provided in unenclosed common parking areas distributed throughout the development in a manner providing convenient access to all dwelling units.
(b) Garages. Each garage shall be provided for the exclusive use of a single dwelling unit and shall be attached to the residential structure which contains that unit. Such garages may be attached to one another at side walls in order to improve design.
(c) Prohibited Activity. The rebuilding, overhauling or dismantling of an automotive vehicle or the storage of motor or body parts in an open yard is prohibited. The outside parking and storage of recreational vehicles is prohibited.
(Ord. 2019-39. Passed 8-13-19.)
1127.09 SUPPLEMENTAL REGULATIONS.
1129.01 INTENT.
In addition to the applicable provisions of the intent stated in Section 1105.03, it is the intent of these district regulations to promote development of relatively high-density housing under conditions which maximize open space and minimize disturbance to adjoining lower-density residential areas. (Ord. 2019-39. Passed 8-13-19.)
1129.02 PERMITTED USES.
In RMF-10 and RMF-15 Districts, buildings and land shall be used by right for only the main and accessory uses set forth below.
(a) Main Uses.
(1) Attached single-family dwellings, as regulated in Chapter 1127 of this Planning and Zoning Code.
(2) Multi-family dwellings where more than one (1) main building may be grouped on a lot provided that such grouping shall comply with the requirements of this District.
(b) Accessory Uses.
(1) Parking areas, roads and walkways
(2) Private swimming pools as regulated in Section 1125.04(d)(1) of the Planning and Zoning Code and other private recreational uses, including community center buildings.
(3) Landscape features and private gardens as regulated in Chapter 1142 of this Planning and Zoning Code.
(5) Utility, maintenance, sanitation and storage facilities completely enclosed within an otherwise permitted main or accessory building.
(6) Rooftop mechanical equipment necessary for the normal operation of the development.
(8) Home occupations, renting of rooms as regulated in Section 1125.05 of this Planning and Zoning Code.
(Ord. 2019-39. Passed 8-13-19.)
1129.03 AREA REGULATIONS.
In RMF-10 and RMF-15 Districts, land and structures shall be developed and maintained in accordance with the following area regulations.
(a) Lot Size: 2 acres minimum.
(b) Density: RMF-10: 10 dwelling units per acre maximum; RMF-15: 15 dwelling units per acre maximum.
(c) Lot Width at Building Line: 200 feet minimum.
(d) Lot Width at Street Line: 60 feet minimum at each vehicular entrance and along the length of each vehicular access through a yard area.
(e) Building Coverage: 30% of lot area, maximum, for all main and accessory buildings.
(f) Common Open Space: 750 square feet of lot area, minimum, per dwelling unit, as defined and regulated in Section 1129.07(d).
(g) Dwelling Unit Area: 750 square feet minimum for a one-bedroom unit and 150 square feet for each additional bedroom.
(h) Storage Area: 60 square feet minimum per dwelling unit provided in a common area enclosed within each main building in addition to the minimum required dwelling unit area.
(Ord. 2019-39. Passed 8-13-19.)
1129.04 HEIGHT REGULATIONS.
In RMF-10 and RMF-15 Districts, structures shall be developed and maintained in accordance with the following height regulations.
(a) Main Buildings. 35 feet maximum
(b) Accessory Structures. Fifteen feet maximum.
(c) Rooftop Equipment. Rooftop mechanical equipment as permitted under Section 1129.02(b)(6) may extend a maximum of ten feet above the highest point of the building on which it is located, provided such equipment conforms to Section 1129.07(f) and is set back from any building face a distance at least equal to the height by which it exceeds the building height.
(Ord. 2019-39. Passed 8-13-19.)
1129.05 YARD AND SETBACK REGULATIONS.
In RMF-10 and RMF-15 Districts, land and structures shall be developed and maintained in accordance with the following yard and setback regulations. Landscape features, gardens, fences, walls and signs shall be permitted in setback areas, provided that such uses conform to applicable regulations of this Planning and Zoning Code. Other accessory uses are permitted in setbacks only in accordance with the setback regulations of subsection (b) hereof.
(a) Yards. The minimum yard setback from a lot line to a main building shall be as set forth below.
Number of Stories in Main Building | Minimum Setback (feet) | ||
To Street R.O.W. | To R1 District Line | To Other Lot Line | |
1 | 35 | 35 | 15 |
2 | 35 | 45 | 25 |
3 | 35 | 55 | 35 |
(b) Setbacks. The minimum setback from a lot line to an accessory building, structure, or use shall be as set forth below.
Minimum Setback (feet) | |||
Accessory Uses | To Front Lot Line | To R1 District Line | To Other Lot Line |
Buildings and Structures | * | 35 | 15 |
Surface Parking Area | * | 10 | 5 |
Private Roads | * | 10 | 5 |
Recreation Facilities | * | 30 | 10 |
Walkways | 0 | 5 | 5 |
* Not permitted in front yards, except that private roads are permitted only as necessary in providing access to a public right of way.
(c) Projection of Building Features into Setbacks.
(1) Certain architectural features may project from a main building into any setback a maximum distance of three feet. However, no such feature shall extend to within three feet of a side lot line or into a setback any distance greater than a setback line that has been established by a variance. For purposes of this subsection, architectural features shall include awnings, balconies, bay windows, belt courses, canopies, cornices, projecting eaves and other overhangs.
(2) Entrance features not exceeding forty-eight (48) square feet may project from a main building into a setback a maximum distance of six feet provided that no projection shall extend into a setback any distance greater than a setback line that has been established by a variance. Entrance features shall include steps, landings, platforms and unenclosed porches not extending above the first floor.
(3) Structures such as porches, balconies, platforms, decks, patios, and similar architectural projections that exceed forty-eight (48) square feet shall meet the setback requirements of the main building.
(Ord. 2019-39. Passed 8-13-19.)
1129.06 DISTANCES BETWEEN BUILDINGS AND USES.
In RMF-10 and RMF-15 Districts, land and structures shall be developed and maintained in accordance with the following regulations regarding the required distances between buildings and other uses.
(a) Definitions and Measurement Standards. The following definitions and measurement standards shall apply to terms used in this section.
(1) Main wall. Any exterior wall(s) of a residential building containing the principal windows of a living, dining or sleeping room or rooms.
(2) Secondary wall. Any exterior wall(s) of a residential building, other than a main wall, containing minor windows of a dining or sleeping room, principal or minor windows of a kitchen or bathroom, or no windows.
(3) Overlapping walls. A wall of one building shall be considered as overlapping a wall of a second building when perpendicular lines extended from that wall intersect the second wall.
(4) Length of overlap. The "length of overlap" shall be considered as the length of the portion of one wall from which perpendicular lines will intersect a second wall. In determining the length of overlap, the minimum possible overlap shall be used for computation.
(5) Facing walls. Although more than one set of walls may be "overlapping" in the relationship between two buildings, only one set of two walls shall be considered "facing". Facing walls shall be those two overlapping walls for which the length of overlap is the greater.
(b) Schedule of Distances. The minimum distance between walls of main buildings and other walls or uses shall as set forth in the following schedule.
Building Wall | Other Wall or Use | Minimum Distance (feet) |
Main wall, facing: | another main wall | 40+x |
secondary wall | 30+x | |
accessory building | 30 | |
recreation facility | 30 | |
Secondary wall, facing: | another secondary wall | 25+x |
accessory building | 20 | |
recreation facility | 20 | |
Accessory building, facing: | another accessory building | 15 |
private road | 10 | |
x = length of overlap divided by 5
(Ord. 2019-39. Passed 8-13-19.)
1129.07 DESIGN REGULATIONS AND STANDARDS.
In RMF-10 and RMF-15 Districts, land and structures shall be developed and maintained in accordance with the following design regulations and standards.
(a) Building Design. The maximum length of any multi-family residential building shall be 100 feet. Buildings may be attached if it is determined by the Planning and Zoning Commission that site design will be improved as a result. However, attached buildings shall be designed with visible offsets or setbacks not less than six feet in depth or with substantial variations in alignment. To reduce the apparent mass of buildings, variations in facade, width, color, exterior materials and roof lines shall be deemed desirable; furthermore, parallel arrangements of buildings should be avoided.
(b) Site Design. Multi-family residential developments shall be designed to complement the topography of the land in order to utilize natural contours, economize in the construction of utilities, reduce required grading and maximize the conservation of trees, watercourses and other natural features. Natural features and other distinctive characteristics of the site shall be integrated into the plan to create functional variations in the arrangements of dwellings, open spaces and accessory uses.
(c) Modifications to Area, Yard and Setback Requirements. With respect to properties of irregular shape, or unusual topography, relative to other properties in the same Zoning District, the Planning and Zoning Commission may modify requirements regarding areas, yards, setbacks and distances between uses if compliance with these requirements is either clearly infeasible or contrary to compliance with the design regulations and standards of this section. However, the maximum permitted density shall not be increased by reason of this provision. Applicants shall first seek modifications under this section prior to filing an application as set forth in Section 1111.03 for a variance for areas, yards, setbacks and distances between uses.
(d) Common Open Space. As required in Section 1129.03(f), at least 750 square feet of land per dwelling unit shall be reserved as common open space in RMF-10 and RMF-15 Districts.
(1) Required characteristics. Land designated as common open space under the provisions of this section shall conform with the characteristics described below.
A. Common open space shall consist of land or a combination of land and water of such condition, size and shape as to be usable for active recreation and/or scenic enjoyment as appropriate to the site, the surrounding area, and the expected resident population. Such area shall contain no structures other than those related to recreational use and shall not include roads or parking areas.
B. Setback areas shall be excluded in the computation of common open space.
C. Consideration shall be given to the arrangement and location of common open space to take advantage of physical characteristics of the site and to place common open space within easy access and view of dwelling units. Common open space shall not be separated from the development by existing roads.
D. Common open space shall not be depleted, reduced in size or converted to any other use.
(2) Ownership and maintenance.
A. The applicant shall submit copies of the proposed documents which provide for the permanent preservation of open space at the time of application for development. No application shall be approved until such documents are acceptable to the Municipality and the Law Director in form and content.
B. Such common open space, including any recreational facilities proposed to be constructed in such space shall be clearly delineated on the site plan together with descriptive data as to the methods to be employed to preserve and maintain such open space.
C. In the event the open space is owned in common by more than one owner directly or indirectly, a non-profit association shall be incorporated under the laws of the State of Ohio and shall own such open space in unencumbered fee simple title.
D. All common open space shown on the site plan must be owned in unencumbered fee simple title by an association or corporation solely owned and controlled by the dwelling unit owners, and subject to legally enforceable declarations and restrictions. Such declarations and restrictions shall grant enforcement rights to the Municipality as a third-party beneficiary and shall be reviewed by and must obtain approval of the Law Director before final approval for development will be granted.
(e) Pedestrian Circulation. Each multi-family residential development shall be served by a comprehensive walkway system, adequately separated from vehicular circulation, connecting residential buildings to parking and recreation areas.
(f) Utility Equipment. All utility lines serving a multi-family residential development shall be located underground. All rooftop mechanical equipment shall be enclosed in a manner which complements the architectural style of the building on which it is located.
(g) Off-Street Parking. In addition to the applicable regulations of Chapter 1141, in multifamily developments, a minimum of one-half (0.5) off-street parking space per dwelling unit shall be provided in unenclosed common parking areas distributed throughout the development in a manner providing convenient access to all dwelling units. (Ord. 2019-39. Passed 8-13-19.)
1129.08 SUPPLEMENTAL REGULATIONS.
(a) Prohibited Activity. The rebuilding, overhauling or dismantling of an automotive vehicle or the storage of motor or body parts in an open yard is prohibited. The outside parking and storage of recreational vehicles is prohibited.
(Ord. 2019-39. Passed 8-13-19.)
1130.01 INTENT.
In addition to the applicable provisions of the intent stated in Section 1105.03, it is the intent of these district regulations to promote development of a mix of residential uses properly designed and located to achieve, among others, the following objectives:
(a) To permit residential development that may serve as an appropriate transitional use between existing residential and nonresidential uses.
(b) To offer greater flexibility in the mix of permitted residential uses.
(c) To allow development on large sites within close proximity to the Municipal center.
(d) To encourage development to take place that will make efficient use of existing Municipal infrastructure and services.
(Ord. 2019-39. Passed 8-13-19.)
1130.02 STANDARDS.
For the purpose of this chapter, the following standards shall apply:
(a) Ownership and Maintenance of Private Roads. Private roads proposed to be constructed shall be clearly delineated on the site plan together with the descriptive data as to the compliance with the regulations of Chapter 1161 and the methods proposed for maintaining the private road. All private roads shown on the site plan shall be subject to legally enforceable reservations and restrictions acceptable to the Municipal government, which will ensure the preservation of the private road in perpetuity.
(b) Measurement of Front Lot Line on Private Roads. The front yard setback shall be measured from the edge of the pavement or back of the curb.
(c) Supplemental Regulations. Private roads shall be constructed in accordance with regulations set forth in Chapter 1161. In those cases where no request for public dedication is likely to be made, the Planning and Zoning Commission may authorize modifications to the requirements of Chapter 1161. Such authorization may be based on input from the Administrator, Municipal Engineer and other Municipal officers as applicable.
(Ord. 2019-39. Passed 8-13-19.)
1130.03 PERMITTED USES.
In a Residential Mixed Use (RMU) District, building and land shall be used by right for only the main and accessory uses set forth below:
(a) Main Uses.
(1) Detached one (1F) and two (2F) family dwellings.as permitted in R1-50 Districts and as regulated in Chapter 1125.
(2) Attached single-family (ASF) dwellings. where more than one (1) main building may be grouped on a lot provided that such grouping shall comply with the requirements of this District.
(b) Accessory Uses.
(1) Garages accessory to detached one (1F) and two (2F) family dwellings as regulated in Section 1125.04.
(2) Buildings, parking areas, roads and walkways
(3) Private swimming pools as regulated in Section 1125.04(d)(1) of the Planning and Zoning Code and other private recreation uses, including community center buildings.
(6) Utility, maintenance, sanitation and storage facilities completely enclosed within an otherwise permitted main or accessory building.
(7) Central air-conditioner units, heat pumps, generators, storage sheds and rooftop antennas as regulated in Section 1125.04.
(8) Rooftop mechanical equipment necessary for the normal operation of the development.
(Ord. 2019-39. Passed 8-13-19.)
1130.04 AREA REGULATIONS.
In the RMU District, the minimum lot size for a residential mixed use development shall be three (3) acres. Land and structures shall be developed and maintained in accordance with the following area regulations.
(a) Lot Width.
(1) No lot may be created that is so narrow or otherwise so irregularly shaped that it would be impracticable to construct on it a building that could satisfy the requirements of this chapter.
(3) Every lot shall have access to it that is determined to be sufficient to afford a reasonable means of ingress and egress for public service and emergency vehicles as well as for all those likely to need access to the property for its intended use. The Planning and Zoning Commission shall make such determination and shall receive input from the Administrator, Police Chief and other Municipal officials, as applicable.
(b) Maximum Density. Ten (10) units per acre, maximum for ASF and 2F dwellings.
(c) Building Coverage. Thirty percent (30%) for all main and accessory buildings, maximum.
(d) Common Open Space. Ten percent (10%) of lot area, minimum, for ASF developments as defined and regulated in Section 1130.09(d).
(e) Private Open Space. 240 square feet, minimum, of private open space provided contiguous to each ASF dwelling unit and differentiated from common areas by means of such approved features as plantings, fences, walls, screens, patios, etc.
(f) Dwelling Unit Area. 1,000 square feet minimum for a one-bedroom unit and 150 square feet for each additional bedroom.
(g) Storage Area. Exclusive of the dwelling unit area, 100 square feet minimum per ASF dwelling unit provided on the ground floor or basement level of such dwelling unit. (Ord. 2019-39. Passed 8-13-19.)
1130.05 HEIGHT REGULATIONS.
In the RMU District, structures shall be developed and maintained in accordance with the following regulations.
(a) Main Buildings. Main buildings shall be 35 feet or less in height.
(b) Rooftop Equipment. Rooftop mechanical equipment as permitted under Section 1130.03(b)(7) may extend a maximum of ten feet above the highest point of the building on which it is located, provided such equipment conforms to Section 1130.09(f). With the exception of chimneys and antennas on one or two-family dwellings, attached or detached, such equipment shall be set back from any building face a distance at least equal to the height by which it exceeds the building height. Chimneys and antennas located on a dwelling are limited to a maximum height of fifteen feet above the roof line.
(Ord. 2019-39. Passed 8-13-19.)
1130.06 YARD AND SETBACK REGULATIONS.
In the RMU District, land and structures shall be developed and maintained in accordance with the following yard and setback regulations. Landscape features, gardens, fences, walls and signs shall be permitted in setback areas, provided that such uses conform to applicable regulations of this Planning and Zoning Code. Other accessory uses are permitted in setbacks only in accordance with the setback regulations of subsection (b)(2) hereof.
(a) Detached One (1F) and Two (2F) Family Dwellings.
(1) Yards. The minimum setback from a lot line to a dwelling shall be as set forth below.
R1 | R2 | |
A. Front yard setback, minimum (feet) | 30 | 30 |
B. Side yard setback, minimum (feet) | ||
With attached garage: | ||
Each side | 3 | 3 |
Total | 8 | 12 |
With detached garage: | ||
Each side | 3 | 5 |
Total | 13 | 15 |
Corner lots, from side street | 10 | 10 |
C. Rear yard setback, minimum (feet) | 30 | 30 |
(2) Modifications to required front yard setback. The Planning and Zoning Commission may reduce the required front yard setback for a group of three or more contiguous one-family or two-family dwellings planned as a unit; however, the front setback shall not be less than two-thirds of that established in subsection (a) hereof.
(b) Attached Single Family (ASF).
(1) Yards. The minimum yard setback from a lot line to a main building shall be as set forth below.
Minimum Setback (Feet) | |||
Number of Stories In Main Building | To Street R.O.W. or Private Road | To R1 District Line | To Other Lot Line |
1 | 35 | 35 | 15 |
2 | 35 | 45 | 25 |
3 | 35 | 55 | 35 |
(2) Setbacks. The minimum setback from a lot line to an accessory structure or use shall be as set forth below.
Minimum Setback (feet) | |||
Accessory Uses | To Front Lot Line | To R1 District Line | To Other Lot Line |
Buildings and Structures | * | 35 | 15 |
Surface parking area | * | 10 | 5 |
Private Roads | * | 10 | 5 |
Recreation Facilities | * | 30 | 10 |
Walkways | 0 | 5 | 5 |
* Not permitted in front yards, except that private roads are permitted only as necessary in providing access to a public right of way.
(3) The buffer requirements that would normally apply where multi-family development adjoins a One-Family District shall not apply within the RMU District, but all buffer requirements shall apply between the RMU District and contiguous districts zoned for one-family dwellings.
(c) Projection of Building Features into Setbacks.
(1) Certain architectural features may project from a main building into any setback a maximum distance of three feet. However, no such feature shall extend to within three feet of a side lot line or into a setback any distance greater than a setback line that has been established by a variance. For purposes of this subsection, architectural features shall include awnings, balconies, bay windows, belt courses, canopies, cornices, projecting eaves and other overhangs.
(2) Entrance features not exceeding forty-eight (48) square feet may project from a main building into a setback a maximum distance of six feet provided that no projection shall extend into a setback any distance greater than a setback line that has been established by a variance. Entrance features shall include steps, landings, platforms and unenclosed porches not extending above the first floor.
(3) Structures such as porches, balconies, platforms, decks, patios, and similar architectural projections that exceed forty-eight (48) square feet shall meet the setback requirements of the main building.
(Ord. 2019-39. Passed 8-13-19.)
1130.07 LANDSCAPING REQUIREMENTS FOR ONE AND TWO FAMILY DWELLINGS.
A zoning certificate for development of a one (1F) or two (2F) family dwelling under the regulations of this chapter shall not be issued unless such development conforms with the requirements of Section 1125.06.
(Ord. 2019-39. Passed 8-13-19.)
1130.08 DISTANCES BETWEEN BUILDINGS AND USES.
In the RMU District, attached single family (ASF) dwellings shall be developed and maintained in accordance with the following regulations regarding the required distances between buildings and other uses.
(a) Definitions and Measurement Standards. The following definitions and measurement standards shall apply to terms used in this section.
(1) "Main wall" means any exterior wall(s) of a residential building containing the principal windows of a living, dining or sleeping room or rooms.
(2) "Secondary wall" means any exterior wall(s) of a residential building, other than a main wall, containing minor windows of a dining or sleeping room, principal or minor windows of a kitchen or bathroom or no window.
(3) "Overlapping walls" means a wall of one building in relation to a wall of a second building when perpendicular lines extended from that wall intersect with the second wall.
(4) "Length of overlap" means the length of the portion of one wall from which perpendicular lines will intersect a second wall. In determining the length of overlap, the minimum possible overlap shall be used for computation.
(5) "Facing walls." Although more than one set of walls may be "overlapping" in the relationship between two buildings, only one set of two walls shall be considered "facing". "Facing walls" means those two overlapping walls for which the length of the overlap is the greater.
(b) Schedule of Distances. The minimum distance between walls of main buildings and other walls or uses shall be as set forth in the following schedule:
Building Wall | Other Wall or Use | Minimum Distance (feet) |
Main wall, facing: | Another main wall | 40+x |
Secondary wall | 30+x | |
Accessory building | 30 | |
Recreation facility | 30 | |
Secondary wall, facing: | Another secondary wall | 25+x |
Accessory building | 20 | |
Recreation facility | 20 | |
Accessory building, facing: | Another accessory building | 15 |
x = Length of overlap divided by 5
(Ord. 2019-39. Passed 8-13-19.)
1130.09 DESIGN REGULATIONS AND STANDARDS.
In an RMU District, attached single family (ASF) dwellings shall be developed and maintained in accordance with the following design regulations and standards.
(a) Building Design.
(1) Attractive variations in facade, width, color, exterior materials and roof lines shall be deemed desirable; furthermore, parallel arrangements of buildings should be avoided.
(2) In order to enhance privacy and encourage attractive building arrangements for ASF dwellings, the alignment of buildings should be varied and the facades of not more than every two dwelling units shall be offset by at least sixteen inches. No more than eight units shall be located in one building.
(3) Buildings may be attached if it is determined by the Planning and Zoning Commission that site design will be improved as a result. However, attached buildings shall be designed with visible offsets or setbacks not less than six feet in depth or with substantial variations in alignment.
(b) Site Design. Developments shall be designed to complement the topography of the land in order to utilize natural contours, economize in the construction of utilities, reduce required grading and maximize the conservation of trees, watercourses and other natural features. Natural features and other distinctive characteristics of the site shall be integrated into the plan to create functional variations in the arrangements of dwellings, open spaces and accessory uses.
(c) Modifications to Area, Yard and Buffer Requirements. With respect to properties of irregular shape, or unusual topography relative to other lots in the same zoning district, the Planning and Zoning Commission may modify requirements regarding areas, yards, setbacks and distances between uses if compliance with these requirements is either clearly infeasible or contrary to compliance with the design regulations and standards of this section. However, the maximum permitted density shall not be increased by reason of this provision. Applicants shall first seek modifications under this section prior to filing an application as set forth in Section 1111.03 for a variance for areas, yards, setbacks and distances between uses.
(e) Pedestrian Circulation. Each ASF development shall be served by a comprehensive walkway system, adequately separated from vehicular circulation, connecting residential buildings to parking and recreation areas.
(f) Utility Equipment. All utility lines serving a mixed use residential development shall be located underground. All rooftop mechanical equipment shall be enclosed in a manner which complements the architectural style of the building on which it is located. (Ord. 2016-59. Passed 11-14-16.)
(g) Accessory Structures.
(2) ASF Fifteen feet in height, maximum.
(Ord. 2019-39. Passed 8-13-19.)
1130.10 SUPPLEMENTAL PARKING REGULATIONS.
In addition to the applicable parking regulations of Chapter 1141, the following parking regulations shall apply.
(a) Large Vehicles. Vehicles exceeding nineteen (19) feet in length or seven (7) feet in width, or eight (8) feet in height are considered large vehicles for the purpose of these parking regulations. Unless otherwise permitted in this section, a large vehicle shall be stored in a garage and used solely by the occupant of the dwelling. No large vehicle shall be parked, stored or allowed to remain on a lot or parcel of land that is not improved with a main building.
(b) Overnight Parking. Overnight parking of vehicles in front and side yards is prohibited with the following exceptions:
(1) The occupants of the premises and their guests may park a passenger vehicle that is not considered a Large Vehicle in a driveway provided that no part of any vehicle may extend over any public sidewalk or other right of way.
(2) A single vehicle having truck license plates and with a capacity rating of one (1) ton or less may be parked in a driveway provided that no part of any vehicle may extend over any public sidewalk or other right of way and that such truck is used solely by the occupant of the dwelling.
(c) Prohibited Activity. The rebuilding, overhauling or dismantling of an automotive vehicle or the storage of motor or body parts in an open yard is prohibited. The outside parking and storage of recreational vehicles is prohibited.
(d) ASF: Garages. Each garage shall be provided for the exclusive use of a single dwelling unit and shall be attached to the residential structure which contains that unit. Such garages may be attached to one another at side walls in order to improve design.
(e) ASF.
(1) In addition to the parking required in Chapter 1141 , a minimum of one-half (0.5) off-street parking space per dwelling unit shall be provided in unenclosed common parking areas distributed throughout the development in a manner providing convenient access to all dwelling units.
(Ord. 2019-39. Passed 8-13-19.)
1130.11 SUPPLEMENTAL REGULATIONS.
1131.01 INTENT.
In addition to the applicable provisions of the intent stated in Section 1105.03 , it is the intent of these district regulations to promote the development of appropriately located housing for persons of retirement age and to provide in such locations dining, recreation and health center facilities for the comfort and convenience of such persons.
(Ord. 2019-39. Passed 8-13-19.)
1131.02 PERMITTED USES.
In a Retirement Living District, buildings and land shall be used by right for only the main and accessory uses set forth below.
(a) Main Uses.
(1) Attached single-family (ASF) dwellings
(2) Retirement Living Center (RLC) building, consisting of residential units with full dining service and other support services provided within the building.
(b) Accessory Uses.
(1) Health centers and recreation facilities primarily for the use of residents of the Retirement Living District.
(2) Dining facilities for residents of the district and their guests.
(3) Garages and parking areas, roads and walkways.
(4) Utility, maintenance, sanitation and storage facilities completely enclosed within separate buildings or otherwise permitted buildings, except that maintenance and repair of trucks, tractors, automobiles and similar vehicles shall not be permitted within residential buildings.
(6) Rooftop mechanical equipment necessary for the normal operation of the development.
(Ord. 2019-39. Passed 8-13-19.)
1131.03 AREA REGULATIONS.
In a Retirement Living District, more than one (1) main building may be grouped on a lot provided that such grouping shall comply with the requirements of this District. Land and structures shall be developed and maintained in accordance with the following area regulations.
(a) Areas.
(1) Development Area: 15 acres minimum.
(2) Lot Area: 3 acres minimum.
(b) Density:
RLC: 20 dwelling units per acre maximum.
ASF: 10 dwelling units per acre maximum.
(c) Lot Width at Building Line: 200 feet minimum.
(d) Lot Width at Street Line: 60 feet minimum at each vehicular entrance and along the length of each vehicular access through a yard.
(e) Building Coverage (all main and accessory buildings): 30% maximum.
(f) Common Open Space: 500 square feet of lot area, minimum, per dwelling unit as defined and regulated in Section 1131.07(f).
(g) Dwelling Unit Area:
RLC: 300 square feet minimum for an efficiency unit, 750 square feet minimum for a one-bedroom unit and 150 square feet for each additional bedroom.
ASF: 1,000 square feet minimum for a one-bedroom unit and 150 square feet for each additional bedroom.
(h) Storage Area: 60 square feet minimum provided on the ground floor or basement level of each dwelling unit in addition to the dwelling unit area.
(Ord. 2019-39. Passed 8-13-19.)
1131.04 HEIGHT REGULATIONS.
In a Retirement Living District, structures shall be developed and maintained in accordance with the following height regulations.
(a) Main Buildings. 35 feet or less, maximum
(b) Accessory Structures. 12 feet maximum for private parking garages; 20 feet maximum for repair and storage garages; 35 feet maximum for buildings housing health, recreation and dining facilities.
(c) Exceptions to Height Limits. Rooftop mechanical equipment as permitted in Section 1131.02(b)(6) may extend a maximum of ten feet above the highest point of the building on which it is located, provided such equipment conforms to Section 1131.07(h). With the exception of chimneys and antennas on attached single-family dwellings, such equipment shall be set back from any building face a distance at least equal to the height by which it exceeds the building height.
(Ord. 2019-39. Passed 8-13-19.)
1131.05 YARD AND SETBACK REGULATIONS.
In a Retirement Living District, land and structures shall be developed and maintained in accordance with the following yard and setback regulations. Landscape features, gardens, fences, walls and signs shall be permitted in setback areas, provided that such uses conform to applicable regulations of this Planning and Zoning Code. Other accessory uses are permitted in setbacks only in accordance with the setback regulations of subsection (b) hereof.
(a) Yards. The minimum setback from a lot line to a main building shall be as set forth below.
Minimum Setback (Feet) | |||
Number of Stories In Main Building | To Street R.O.W. | To R1 District Line | To Other Lot Line |
1 | 35 | 35 | 15 |
2 | 35 | 45 | 25 |
3 | 35 | 55 | 35 |
(b) Setbacks. The minimum setback from a lot line to an accessory structure or use shall be as set forth in the following table:
Minimum Setback (feet) | |||
Accessory Uses | To Front Lot Line | To R1 District Line | To Other Lot Line |
Buildings and Structures | * | 35 | 15 |
Surface parking area | * | 10 | 5 |
Private Roads | * | 10 | 5 |
Recreation Facilities | * | 30 | 10 |
Walkways | 0 | 5 | 5 |
__________________________
* Not permitted in front yards, except that private roads are permitted only as necessary in providing access to a public right of way.
(c) Projection of Building Features into Setbacks.
(1) Certain architectural features may project from a main building into any setback a maximum distance of three feet. However, no such feature shall extend to within three feet of a side lot line or into a setback any distance greater than a setback line that has been established by a variance. For purposes of this subsection, architectural features shall include awnings, balconies, bay windows, belt courses, canopies, cornices, projecting eaves and other overhangs.
(2) Entrance features not exceeding forty-eight (48) square feet may project from a main building into a setback a maximum distance of six feet provided that no projection shall extend into a setback any distance greater than a setback line that has been established by a variance. Entrance features shall include steps, landings, platforms and unenclosed porches not extending above the first floor.
(3) Structures such as porches, balconies, platforms, decks, patios, and similar architectural projections that exceed forty-eight (48) square feet shall meet the setback requirements of the main building.
(Ord. 2019-39. Passed 8-13-19.)
1131.06 DISTANCES BETWEEN BUILDINGS AND USES.
In a Retirement Living District, land and structures shall be developed and maintained in accordance with the following regulations regarding the required distances between buildings and other uses.
(a) Definitions and Measurement Standards. The following definitions and measurement standards shall apply to terms used in this section.
(1) Main wall. Any exterior wall(s) of a residential building containing the principal windows of a living, dining or sleeping room or rooms.
(2) Secondary wall. Any exterior wall(s) of a residential building, other than a main wall, containing minor windows of a dining or sleeping room, principal or minor windows of a kitchen or bathroom, or no windows.
(3) Overlapping walls. A wall of one building shall be considered as overlapping a wall of a second building when perpendicular lines extended from that wall intersect the second wall.
(4) Length of overlap. The "length of overlap" shall be considered as the length of the portion of one wall from which perpendicular lines will intersect a second wall. In determining the length of overlap, the minimum possible overlap shall be used for computation.
(5) Facing walls. Although more than one set of walls may be "overlapping" in the relationship between two buildings, only one set of two walls shall be considered "facing". Facing walls shall be those two overlapping walls for which the length of overlap is the greater.
(b) Schedule of Distances. The minimum distance between walls of main buildings and other walls or uses shall be as set forth in the following schedule:
Building Wall | Other Wall or Use | Minimum Distance (feet) |
Main wall, facing: | Another main wall | 40+x |
Secondary wall | 30+x | |
Accessory building | 30 | |
Recreation facility | 30 | |
Private road* | 30 | |
Surface parking area | 10 | |
Secondary wall, facing: | Another secondary wall | 25+x |
Accessory building | 20 | |
Recreation facility | 20 | |
Private road* | 20 | |
Surface parking area | 10 | |
Accessory building, facing: | Another accessory building | 15 |
Private road* | 10 | |
________________________
x = length of overlap divided by 5.
* "private road" excludes a drive providing direct access to a Retirement Living Center building.
(Ord. 2019-39. Passed 8-13-19.)
1131.07 DESIGN REGULATIONS AND STANDARDS.
In a Retirement Living District, land and structures shall be developed and maintained in accordance with the following design regulations and standards.
(a) Building Design. Retirement Living Center. The maximum length of any main or accessory building wall shall be 100 feet. However, building length may extend a maximum of 200 feet, provided that walls are offset or aligned at angles as approved by the Architectural Board of Review.
(b) Building Design: Attached Single-Family. In order to enhance privacy and to reduce the apparent mass of the buildings, the alignment of attached single family buildings should be varied and the facades of not more than every two dwelling units shall be offset by at least sixteen inches. No more than eight units shall be located in one building.
(c) Building Design: General. To reduce the apparent mass of the building's variations in such building elements as facade, width, color, exterior materials, and roof lines shall be deemed desirable. Parallel arrangements of buildings should be avoided. However, uniformity in design is not expressly prohibited.
(d) Site Design. Retirement Living residential developments shall be designed to complement the topography of the land in order to utilize natural contours, economize in the construction of utilities, reduce required grading and maximize the conservation of trees, watercourses and other natural features. Natural features and other distinctive characteristics of the site shall be integrated into the plan to create functional variations in the arrangements of buildings, open spaces and accessory uses.
(e) Modifications to Area, Yard and Setback Requirements. With respect to properties of irregular shape, or unusual topography the Planning and Zoning Commission may modify requirements regarding areas, yards, setbacks and distances between uses if compliance with these requirements is either clearly infeasible or contrary to compliance with the design regulations and standards of this section. However, the maximum permitted density shall not be increased by reason of this provision. Applicants shall first seek modifications permitted under this section prior to filing an application as set forth in Section 1111.03 for a variance for areas, yards, setbacks and distances between uses.
(f) Common Open Space. As required in Section 1131.03(f), at least 500 square feet of land per dwelling unit shall be reserved as common open space in Retirement Living Districts.
(1) Required characteristics. Land designated as common open space under the provisions of this section shall conform to the characteristics described below.
A. Common open space shall consist of land or a combination of land or water of such condition, size and shape as to be usable for active recreation and/or scenic enjoyment as appropriate to the site, the surrounding area, and the expected resident population. Such area shall contain no structures other than those related to recreational use and shall not include roads or parking areas.
B. Setback areas shall be excluded in the computation of common open space.
C. Consideration shall be given to the arrangement and location of common open space to take advantage of physical characteristics of the site and to place common open space within easy access and view of dwelling units. Common open space shall not be separated from the development by existing roads.
D. Common open space shall not be depleted, reduced in size or converted to any other use.
(2) Ownership and maintenance.
A. The applicant shall submit copies of the proposed documents which provide for the permanent preservation of open space at the time of application for development. No application shall be approved until such documents are acceptable to the Municipality and the Law Director in form and content.
B. Such common open space, including any recreational facilities proposed to be constructed in such space, shall be clearly delineated on the site plan together with descriptive data as to the methods to be employed to preserve and maintain such open space.
C. In the event the open space is owned in common by more than one owner directly or indirectly, a non-profit association shall be incorporated under the laws of the State of Ohio and such association shall be the owner in unencumbered fee simple title.
D. All common open space shown on the site plan must be subject to legally enforceable declarations and restrictions. Such declarations and restrictions shall grant enforcement rights to the Municipality as a third-party beneficiary, and shall be reviewed by and must obtain approval of the Law Director before final approval for development will be granted., The declarations and restrictions shall grant enforcement rights to the Municipality as a third-party beneficiary, and shall be reviewed by and must obtain the approval of the Law Director before final approval for development will be granted.
(g) Pedestrian Circulation. Each Retirement Living residential development shall be served by a comprehensive walkway system adequately separated from vehicular circulation, connecting residential buildings, parking areas, recreation areas and health center buildings.
(h) Utility Equipment. All utility lines serving a Retirement Living residential development shall be located underground. All rooftop mechanical equipment shall be enclosed in a manner which complements the architectural style of the building on which it is located.
(Ord. 2019-39. Passed 8-13-19.)
1131.08 OFF-STREET PARKING REGULATIONS.
In addition to the applicable regulations of Chapter 1141, the following parking regulations shall apply to attached single-family developments in a Retirement Living District.
(a) Common Parking Areas. In attached single-family developments, a minimum of one-half (0.5) off-street parking space per dwelling unit shall be provided in unenclosed common parking areas distributed throughout the developments in a manner providing convenient access to all dwelling units. This requirement shall be in addition to the parking requirements of Chapter 1141.
(b) Garages. In attached single-family developments, each garage shall be provided for the exclusive use of a single dwelling unit and shall be attached to the residential structure which contains that unit. Such garages may be attached to one another at side walls in order to improve design.
(c) Prohibited Activity. The rebuilding, overhauling or dismantling of an automotive vehicle or the storage of motor or body parts in an open yard is prohibited. The outside parking and storage of recreational vehicles is prohibited.
(Ord. 2019-39. Passed 8-13-19.)
1131.09 SUPPLEMENTAL REGULATIONS.
1135.01 INTENT.
In addition to the provisions of the intent stated in Section 1105.03, it is the intent of these district regulations to promote office development appropriately designed and located to achieve, among others, the following objectives:
(a) To provide opportunities for local employment;
(b) To stimulate the local economy and to generate local tax revenues; and
(c) To limit retail sales and retail services so as to prevent a decline of such uses in the Municipal center where they are more appropriately located.
(d) To permit development, which by virtue of its characteristic traffic generation, hours of operation and noise levels, may serve as an appropriate transitional use between residential areas and nearby retail or industrial areas.
(Ord. 2019-39. Passed 8-13-19.)
1135.02 PERMITTED USES.
In an Office District, buildings and land shall be used by right for only the main and accessory uses set forth below.
(a) Main Uses.
(1) Office buildings.
A. Office buildings, accommodating accounting, administrative, business, executive, governmental, insurance, investment, professional, public or quasi-public, real estate or travel agency establishments.
B. Retail sales or retail services may occupy thirty percent (30%) or less of the total square feet of a multi-tenant office building. Access to such retail use shall be through the primary means of ingress and egress to and from the principal building.
(Ord. 2021-24. Passed 6-28-21.)
(2) Medical offices. Medical office buildings and outpatient clinics.
(3) Veterinary clinics. Veterinary clinics conducted within completely enclosed buildings sufficiently sound-insulated to confine all noise to the premises.
(4) Public buildings. Village hall, police and fire stations, post offices, libraries and other public facilities providing frequently used services.
(5) Non-profit organizations. Clubs, lodges, fraternal and service organizations, museums and similar facilities; retail sales shall be permitted if customary and incidental to the organization's non-profit activities.
(6) Funeral homes.
(7) Fitness Centers.
(8) Utility stations. Telephone exchanges, cable television and other communication services and similar utility switching or conversion facilities provided that such use does not involve unenclosed storage, truck or equipment storage or repair or the housing of work crews. For landscaping regulations of utility uses, see Section 1142.07.
(b) Accessory Uses.
(1) Off-street parking and loading areas, driveways and walkways.
(3) Utility, maintenance, sanitation and storage facilities completely enclosed within otherwise permitted main buildings.
(4) Rooftop mechanical equipment necessary for the normal operation of a permitted use.
(6) Lighting structures as regulated in Chapter 1150 of this Planning and Zoning Code, and flag poles.
(7) Sale of pharmaceuticals and medical supplies, provided that such use is completely enclosed within a permitted medical office building or clinic and further provided that such use occupies no more than twenty-five percent (25%) of the first-floor area.
(Ord. 2019-39. Passed 8-13-19.)
1135.03 HEIGHT REGULATIONS.
In an Office District, land and structures shall be developed and maintained in accordance with the following height regulations.
(a) Main Buildings: 40 feet maximum.
(b) Accessory Structures: 15 feet maximum for accessory structures.
(c) Exceptions to Height Limitations: Rooftop mechanical equipment as permitted under Section 1135.02(b)(4) may extend a maximum of ten feet above the highest point of the building on which it is located, provided that such equipment is set back from any building face a distance at least equal to the height by which it exceeds the building height.
(Ord. 2019-39. Passed 8-13-19.)
1135.04 YARD AND SETBACK REGULATIONS.
In an Office District, land and structures shall be developed and maintained in accordance with the following yard and setback regulations. Landscape features, fences, walls and signs shall be permitted in setback areas, provided that such uses conform to applicable regulations of this Planning and Zoning Code. Other accessory buildings structures and uses are permitted in setbacks only in accordance with the setback regulations of subsection (b) hereof.
(a) Yards. The minimum setback from a lot line to a main building shall be as set forth below:
Minimum Setback (feet) | |||
Yard | To Street R.O.W. Line | To Residential District Line | To Other Lot Line |
Front | 30 | -- | -- |
Side (each) | 20 | 10 | 7 |
Rear | 20 | 40 | 7 |
(b) Setbacks. The minimum setback from a lot line to an accessory structure or use shall be as set forth below:
Minimum Setback Depth (Feet) | |||
Accessory Use | To Street R.O.W. Line | To Residential District Line | To Other Lot Line |
Structures | * | 10 | 7 |
Surface Parking Area | 15 | 10 | 5 |
Drives | * | 10 | 5 |
Lighting/Flag Poles | 5 | 10 | 5 |
* Accessory structures and drives are not permitted in required yards except that drives are permitted only as necessary in providing access to a public right of way.
(c) Modifications to Yard and Setback Requirements.
(1) Front yards. The Planning and Zoning Commission may reduce the required front yard setback to permit proposed buildings in substantially built up blocks to meet prevailing setbacks if such alignment is deemed more appropriate
(2) Side yards. Buildings on adjoining lots may be attached at side lot lines if approved by the Planning and Zoning Commission and Architectural Board of Review in consideration of planning and design standards and a recorded common wall agreement is entered into by the owners in form and content first approved by the Law Director.
(3) Buffers. The Planning and Zoning Commission may eliminate buffer requirements at side and rear lot lines joining nonresidential uses in order to permit shared drive and parking facilities. Such action shall be taken only if it is determined that site design or safety will be improved as a result. The Planning and Zoning Commission shall require the submission of written reciprocal agreements between the property owners, which shall be recorded with the County Recorder, guaranteeing the observance of all required conditions for the life of the shared driving and/or parking facilities, which agreement shall be reviewed and subject to the approval of the Law Director, which agreements shall name the Municipality as a third party beneficiary of the agreements with the right to enforce such reciprocal agreements.
(d) Fire Escapes. An open or semi-enclosed iron fire escape shall project not more than six feet into a required rear yard.
(Ord. 2019-39. Passed 8-13-19.)
1135.05 SUPPLEMENTAL REGULATIONS.
1137.01 INTENT.
In addition to the applicable provisions of the intent stated in Section 1105.03, it is the intent of these district regulations to promote retail business development appropriately designed and located to achieve, among others, the following objectives:
(a) To serve the daily shopping needs of community residents;
(b) To promote vitality in the local economy by serving the specialty retail shopping needs of the regional population;
(c) To strengthen the viability of the retail business district by focusing new retail development near the existing Municipal center and by preserving the pedestrian oriented retail character of the commercial street frontage; and
(d) To complement the historic and small-scale character of the Municipality's present residential and business communities.
(Ord. 2019-39. Passed 8-13-19.)
1137.02 PERMITTED USES.
In a Retail Business District, more than one (1) main building may be grouped on a lot provided that such grouping shall comply with the requirements of this District. Buildings and land shall be used by right for only the main and accessory uses set forth below. Except as otherwise permitted, such uses shall be conducted wholly within enclosed buildings. Processing, production and repair activities are further regulated in Section 1137.05(d).
(a) Main Uses.
(1) Office uses. General and medical office uses as permitted in Office Districts.
(2) Retail sales. Establishments engaged primarily in the retail sale of merchandise as delineated below.
A. Convenience stores. Establishments engaged primarily in the sale of an assortment of merchandise from several categories including those selling any combination of food, or beverages for consumption off premises, pharmaceuticals, hardware, variety items, stationery, cards, tobacco, and reading matter.
B. Specialty stores. Establishments engaged primarily in the sale of one specific type of merchandise including those selling food and beverage products requiring further preparation off premises, artwork, antiques, crafts, gifts, jewelry, leather goods and novelties.
C. Shopping goods stores including those selling apparel, furniture, luggage, appliances, bicycles, auto parts, sporting goods, office supplies and equipment, and musical instruments.
(3) Retail services. Establishments engaged primarily in the sale of services, as delineated below.
A. Restaurants and other establishments engaged primarily in the sale of food in a ready-to-consume state, as regulated in Section 1137.05(a).
B. Personal service establishments including tailor, shoe repair, dry cleaner, laundromat, barber, beautician, musical instruction, artist studio, photography studio, and copying and printing, but excluding tattoo and body piercing establishments.
C. Banks, credit unions and savings associations, which may or may not include drive-in services as regulated in Section 1137.05(c).
D. Repair and servicing establishments for such products as household appliances, watches, clocks and jewelry, but excluding industrial equipment and motorized vehicles.
(5) Recreation and entertainment uses. Fitness centers, bowling alleys, event centers, indoor theaters, and similar uses conducted within completely enclosed buildings sufficiently sound-insulated to confine all noise to the premises. Amusement machines are prohibited by the provisions of Chapter 715 of the Business Regulation Code.
(6) Trade schools, etc. Trade and business schools and private establishments offering classes in such areas as self-improvement, dance, exam preparation and weight loss.
(7) Public buildings. Village hall, library, post office and other public facilities providing frequently used, pedestrian-oriented services. Police stations, fire stations and ambulance services shall be permitted only as regulated in Section 1137.05(e).
(8) Museums and similar facilities.
(9) Community centers.
(b) Accessory Uses.
(1) Parking areas (open or enclosed) and loading areas, driveways and walkways.
(3) Utility, maintenance, sanitation and storage facilities as regulated in Section 1144.02(d) and provided such use is located so as not to significantly interrupt the commercial street frontage.
(4) Rooftop mechanical equipment necessary for the normal operation of a permitted use.
(6) Lighting structures as regulated in Chapter 1150 of this Planning and Zoning Code, and flag poles.
(Ord. 2019-39. Passed 8-13-19.)
1137.03 HEIGHT REGULATIONS.
In a Retail Business District, land and structures shall be developed and maintained in accordance with the following height regulations,
(a) Main buildings. Forty feet maximum
(b) Accessory structures. Thirty-five feet maximum for garages and fifteen feet maximum for other structures.
(c) Exceptions to height limitations. Rooftop mechanical equipment as permitted under Section 1137.02(b)(4) may extend a maximum of ten feet above the highest point of the building on which it is located, provided that such equipment is set back from each building face a distance at least equal to the height by which it exceeds the building height.
(Ord. 2019-39. Passed 8-13-19.)
1137.04 YARD AND SETBACK REGULATIONS.
In a Retail Business District, land and structures shall be developed and maintained in accordance with the following land and setback regulations. Landscape features, fences, walls and signs shall be permitted in setback areas, provided that such uses conform to applicable regulations of this Planning and Zoning Code. Other accessory uses are permitted in setbacks only in accordance with the setback regulations of Section (b) below.
(a) Yards. The minimum setback from lot line to a main building shall be as set forth below.
Minimum Setback (feet) | |||
Yard | To Street R.O.W. Line | To Residential District Line | To Other Lot Line |
Front | 20 | -- | -- |
Side (each) | 20 | 15 | 5 |
Rear | 20 | 40 | 5 |
(b) Setbacks. The minimum setback from a lot line to an accessory structure or use shall be as set forth below.
Minimum Setback Depth (feet) | |||
Accessory Use | To Street R.O.W. Line | To Residential District Line | To Other Lot Line |
Structures | * | 15 | 5 |
Surface Parking Area (main or accessory) | 10 | 10 | 5 |
Drives | * | 10 | 5 |
Lighting, Flag Poles | 5 | 10 | 5 |
* Accessory structures and drives are not permitted in required yards except that drives are permitted only as necessary in providing access to a public right of way.
(c) Modifications to Yard and Setback Requirements.
(1) Front yards. The Planning and Zoning Commission may reduce the required front yard setback to permit proposed buildings in substantially built-up blocks to meet prevailing setbacks if such alignment is deemed more appropriate by the Commission.
(2) Side yards. Buildings on adjoining lots may be attached at side lot lines if approved by the Planning and Zoning Commission and Architectural Board of Review in consideration of planning and design standards.
(3) Buffers. The Planning and Zoning Commission may eliminate buffer requirements at side and rear lot lines joining nonresidential uses in order to permit shared drive and parking facilities. Such action shall be taken only if it is determined that site design or safety will be improved as a result. The Planning and Zoning Commission shall require the submission of written reciprocal agreements between the property owners, which shall be recorded with the County Recorder, guaranteeing the observance of all required conditions for the life of the shared driving and/or parking facilities, which agreement shall be reviewed and subject to the approval of the Law Director, which agreements shall name the Municipality as a third party beneficiary of the agreements with the right to enforce such reciprocal agreements.
(d) Projections into Setbacks. An open or semi-enclosed fire escape may project no more than six feet into a required rear yard.
(Ord. 2019-39. Passed 8-13-19.)
1137.05 DETAILED REGULATIONS BY TYPE OF ESTABLISHMENT.
The following uses, as permitted in Section 1137.02, shall be developed and maintained in accordance with the additional regulations set forth below.
(a) Restaurants (and other establishments engaged primarily in the sale of food in a ready-to-consume state).
(1) Outdoor service shall be limited to seating areas which are not located in setbacks.
(2) Direct service to customers in automobiles or other vehicles shall not be permitted.
(3) Restaurants which engage in the sale of food in a ready-to-consume state, but to be consumed off the premises, shall not be permitted.
(4) Carry-out food service shall only be permitted as an incidental use to restaurants and other establishments engaged primarily in the sale of food in a ready-to-consume state on the premises, and which otherwise comply with the requirements of this Planning and Zoning Code.
(b) Drive-In Facilities. Drive-in banking facilities and similar facilities providing direct service to customers in motor vehicles shall be, planned, designed and constructed so that all vehicle stacking is contained on the lot.
(c) Processing, Production, Repair. Processing, production and repair, such as baking, dry cleaning, photographic processing and appliance repair shall be permitted for uses in a Retail Business District only if the majority of such activity conducted at an establishment represents work generated through customer contacts, primarily walk-in contacts, made at that location rather than at retail outlets located elsewhere.
(d) Emergency Services. In order not to interrupt the pedestrian-oriented commercial street frontage, police, fire and ambulance service uses shall be located if feasible, on streets other than Main or Franklin Streets. If located on these streets, such uses should be located on corner parcels at the intersection of public streets.
(e) Lawn and Garden Outdoor Sale. Outdoor sale of lawn and garden supplies and equipment is permitted provided that no goods are displayed or stored in a setback and that such operation is accessory to an immediately contiguous enclosed retail business selling such supplies and equipment located on the same lot.
(f) Hotels. Dwelling units in a hotel shall be limited to a maximum density of thirty units per acre and a minimum floor area of 300 square feet per unit.
(g) Parking Lots as Main Uses. Landscaping and screening shall be provided as required in Section 1142.06.
(h) Residential Uses. Residential uses shall be developed and maintained in accordance with the following:
(1) No residential use shall occupy a ground floor space with frontage on a public street.
(2) Private, off-street parking must be secured to accommodate a minimum of one parking space per efficiency or one bedroom unit and two parking spaces for two or more bedroom units. The provision of such parking spaces shall not result in the reduction of the required number of parking spaces for any other permitted use.
(3) Minimum dwelling unit area: 500 square feet for an efficiency, 750 square feet for a one bedroom unit, and 150 square feet for each additional bedroom.
(4) All utility equipment and mechanical systems shall be installed so that they are shielded from public view.
(5) The exterior appearance of the building in which the residential use is located shall not be altered in such a manner that will detract from its commercial character.
(Ord. 2019-39. Passed 8-13-19.)
1137.06 SUPPLEMENTAL REGULATIONS.
1138.01 INTENT.
In addition to the applicable provisions of the intent stated in Section 1105.03, it is the intent of these district regulations to promote retail business development appropriately designed and located to achieve, among others, the following objectives:
(a) Preserve the Municipality's downtown as a core for retail sales and personal service businesses.
(b) Promote pedestrian accessibility by discouraging uses that attract large-scale automobile and truck traffic that tend to make pedestrian circulation difficult and/or unsafe.
(c) Promote the grouping, clustering and compactness of buildings to further encourage both pedestrian access to retail sales and services as well as comparative shopping.
(d) Allow for a diversity of small business uses that complement and strengthen one another.
(e) Restrict the location of offices, trade and business schools, and self-improvement training facilities to floor space that is not located on the ground floor so as to not disturb or break up the continuous flow of pedestrian shopping within the Municipality's historic downtown core.
(f) To create a Central Shopping District in which all of the regulations contained in this chapter shall apply.
(g) To retain the unique historic and architectural characteristics of the downtown core while accommodating new investment.
(Ord. 2019-39. Passed 8-13-19.)
1138.02 PERMITTED USES.
In the Central Shopping District, more than one (1) main building may be grouped on a lot provided that such grouping shall comply with the requirements of this District. Buildings and land shall be used by right of only the main and accessory uses set forth below. Except as otherwise permitted, such uses shall be conducted within completely enclosed buildings.
(a) Main Uses.
(1) Office uses. General and medical office uses as permitted in Office Districts provided that no office use other than a travel agency or similar service oriented business expecting a substantial amount of walk-in traffic, shall occupy a ground floor space with frontage on a public street from which that space has access.
(2) Retail sales. Establishments engaged primarily in the retail sale of merchandise as delineated below.
A. Convenience stores. Establishments engaged primarily in the sale of an assortment of merchandise from several categories including those selling any combination of food, beverages for consumption off premises, pharmaceuticals, hardware, variety items, stationery, cards, tobacco, and reading matter.
B. Specialty stores. Establishments engaged primarily in the sale of one specific type of merchandise, including those selling food and beverage products requiring further preparation off premises, artwork, antiques, crafts, gifts, jewelry, leather goods and Shopping goods stores including those selling apparel, furniture, luggage, appliances, bicycles, auto parts, sporting goods, office supplies and equipment, and musical instruments.
(3) Retail services. Establishments engaged primarily in the retail provision of services, as delineated below.
B. Personal service establishments including tailor, shoe repair, dry cleaner, laundromat, barber, beautician, musical instruction, artist studio, photography studio, and copying and printing, as regulated in Section 1138.05(c), but excluding tattoo and body piercing establishments.
C. Banks, credit unions and savings associations, which may or may not include drive-in services as regulated in Section 1138.05(b).
D. Repair and servicing establishments for such products as household appliances, household electronics, watches, clocks and jewelry, as regulated in Section 1138.05(c), but excluding industrial equipment and motorized vehicles.
(5) Trade schools, etc. Trade and business schools and private establishments offering classes in such areas as self-improvement, dance, exam preparation and weight loss, provided that no such use shall occupy a ground floor space with frontage on a public street from which that space has access.
(6) Public buildings. Village hall, library, post office and other public facilities, providing frequently used, pedestrian-oriented services. Police stations, fire stations and ambulance services shall be permitted only as regulated in Section 1138.05(d).
(b) Accessory Uses.
(1) Parking areas (open or enclosed) and loading areas, driveways and walkways.
(3) Utility, maintenance, sanitation and storage facilities as regulated in Section 1144.02(d) and provided such use is located so as not to significantly interrupt the commercial street frontage.
(4) Rooftop mechanical equipment necessary for the normal operation of a permitted use.
(Ord. 2019-39. Passed 8-13-19.)
1138.03 AREA AND HEIGHT REGULATIONS.
For regulations regarding area and height restrictions, the same regulations contained under Section 1137.03 of the Retail Business District shall also apply to all land and structures within the Central Shopping District.
(Ord. 2019-39. Passed 8-13-19.)
1138.04 YARD AND SETBACK REGULATIONS.
For regulations regarding minimum yard and setback requirements, the same regulations contained in Section 1137.04 of the Retail Business District shall also apply to the land and structures within the Central Shopping District.
(Ord. 2019-39. Passed 8-13-19.)
1138.05 DETAILED REGULATIONS BY TYPE OF ESTABLISHMENT.
The following uses, as permitted in Section 1138.02, shall be developed and maintained in accordance with the additional regulations set forth below:
(a) Full-Service Restaurants. As used in this chapter, "full-service restaurant" means a place where food and beverages are sold and consumed on-premises within a completely enclosed building, except as otherwise permitted herein.
(1) A full- service restaurant shall have a host and/or hostess to seat customers, provide table service to customers with food orders taken and food delivered to tables by waiters and /or waitresses.
(2) Outdoor service shall be limited to seating areas which are not located in setbacks. Furthermore, indoor and permitted outdoor service areas for each establishment shall be sufficient in size to accommodate the majority of customers served.
(3) Direct service to customers in automobiles or other vehicles shall not be permitted.
(4) Carry-out service shall only be permitted as an incidental use to a full-service restaurant which otherwise complies with the requirements of this Planning and Zoning Code.
(b) Drive-in Facilities. Drive-in banking facilities and similar facilities providing direct service to customers in motor vehicles shall be and planned, designed and constructed so that all vehicle stacking is contained on the lot.
(c) Processing, Production, Repair. Processing, production and repair, such as baking, dry cleaning, photographic processing and appliance and home electronics repair, shall be permitted for uses in the Central Business District only if the majority of such activity conducted at an establishment represents work generated through customer contacts, primarily walk-in contacts, made at that location rather that at retail outlets located elsewhere.
(d) Emergency Services. In order not to interrupt the pedestrian-oriented commercial street frontage, police, fire and ambulance service uses shall be located on streets other than Main, or Franklin Streets.
(e) Hotels. Dwelling units in a hotel shall be limited to a maximum density of thirty units per acre and a minimum floor area of 300 square feet per unit.
(f) Residential Use. Residential uses shall be developed and maintained in accordance with the following:
(1) No residential use shall occupy a ground floor space with frontage on a public street.
(2) Private, off-street parking, or public off-street parking by Municipal permit, must be secured for overnight parking and must accommodate a minimum of one parking space per efficiency or one bedroom unit and two parking spaces for two or more bedroom units. The provision of such spaces shall not result in the reduction of the required number of parking spaces for any other permitted use.
(3) Minimum dwelling unit area: 500 square feet for an efficiency, 750 square feet for a one bedroom unit, and 150 square feet for each additional bedroom.
(4) All utility equipment and mechanical systems shall be installed so that they are shielded from public view.
(5) The exterior appearance of the building in which the residential use is located shall not be altered in such a manner that will detract from its commercial character.
(Ord. 2019-39. Passed 8-13-19.)
1138.06 SUPPLEMENTAL REGULATIONS.
1139.01 INTENT.
In addition to the applicable provisions of the intent stated in Section 1105.03, it is the intent of these district regulations to promote limited industrial development appropriately designed and located to achieve, among others, the following objectives:
(a) To provide opportunities for local employment.
(b) To stimulate the local economy and generate local tax revenues.
(c) To minimize the impact of limited industrial uses on surrounding uses.
(d) To encourage development to take place that will make efficient use of existing infrastructure and services.
(e) To limit permitted industrial uses to those most compatible with the predominantly small-scale, residential character of the community.
(Ord. 2019-39. Passed 8-13-19.)
1139.02 PERMITTED USES.
In Limited Industrial Districts, more than one (1) main building may be grouped on a lot provided that such grouping shall comply with the requirements of this District Buildings and land shall be used by right for only the main and accessory uses set forth below.
(a) Main Uses.
(1) Research laboratories. Research laboratories for basic and applied research, experiment and testing.
(2) Service, storage and limited sales. Service and storage uses as listed below, with retail sales limited to the sale of building materials at such establishments as lumber yards and plumbing supply distributors.
A. Repair of household appliances and goods produced by manufacturing and assembly processes permitted in subsection (a)(3) and (4) hereof.
B. Shops and offices of contractors, including carpentry, electrical, masonry, plumbing, heating, ventilating, air conditioning, painting, roofing and sheet metal; packing and crating, monument works.
C. Storage yards and sale of new lumber and other building materials.
D. Warehouses and other storage establishments provided that all materials are enclosed within a structure or screened by a solid wall or fence sufficient to conceal all such materials when viewed by a person standing at ground level.
(3) Manufacture: precision products. Manufacturing processes limited to cutting, grinding, assembling, extrusion, finishing, polishing and incidental stamping and welding of precision products and others which normally have a high value in relation to bulk, such as the following:
A. Cameras and other photographic equipment, clocks, jewelry, cutlery, kitchen utensils.
B. Electric equipment: household appliances, lighting fixtures, small motors not to exceed 25 pounds, radios, televisions.
C. Hand tools, builders' hardware.
D. Instruments: musical, medical and scientific.
E. Electronic and mechanical control and communication devices and equipment.
F. Toys, sporting goods and athletic equipment.
(4) Manufacture: nonmetal products. Manufacture of textile, wood, plastic and other nonmetal products such as the following:
A. Furniture, cabinets and other wood products.
B. Printed and engraved material.
C. Clothing and other textile products.
D. Pharmaceutical products including cosmetics, drugs and toiletries.
E. Plastic including extrusion, molding and fabricating of panels, sheets, tubes and rods.
(6) Mixed Use Development. Development that permits a variety of complementary and integrated uses within a single structure or in multiple structures in the same Development Area in accordance with the following requirements of this section and all other applicable ordinances of the Municipality:
A. Development Area for a Mixed Use Development shall be a minimum of three (3) acres.
B. At least three of the following uses are required for the establishment of a Mixed Use Development:
1. Specialty stores including those selling artwork, antiques, crafts, gifts, jewelry, leather goods, and novelties, provided that the footprint of any one retail use shall not exceed 1,500 gross square feet and the total footprint area of all retail uses shall not exceed 7,000 gross square feet;
2. Restaurants and other establishments engaged primarily in the sale of food in a ready-to-consume state provided that the total seat count of all restaurant uses does not exceed 250 seats and the total footprint of the patron seating areas for all restaurant uses shall not exceed 4,000 gross square feet. Outdoor service shall be limited to seating areas which are not located in setbacks. Direct service to customers in automobiles or other vehicles shall not be permitted. Restaurants which engage in the sale of food in a ready-to- consume state, but to be consumed off the premises, shall not be permitted. Carry-out service shall only be permitted as an incidental use to restaurants and other establishments engaged primarily in the sale of food in a ready-to-consume state on the premises, and which otherwise comply with the requirements of this Planning and Zoning Code.
3 Breweries defined as establishments that manufacture beer, provided that the total production level shall not exceed 5,000 barrels of beer per year. Beer includes all beverages brewed or fermented wholly or in part from malt products and containing one-half of one percent or more, but not more than twelve percent, of alcohol by volume. Manufacture includes all processes by which beer is produced.
4. Hotels limited to a maximum of 20 guest rooms;
5. Office uses;
6. Business and community centers, defined as establishments that offer business and community support facilities including those for conferences, seminars, lectures, trade shows, and continuing education classes, provided that the maximum occupancy does not exceed 150 people. Business and community centers may include the preparation and consumption on the premises of food and beverage.
7. Indoor theaters contained within completely enclosed buildings sufficiently sound-insulated to confine all noise to the premises. The total footprint area of all indoor theater centers shall not exceed 5,000 gross square feet and the total theater seat count shall not exceed 80 seats;
8. Museums; and
9. Playgrounds, not to exceed 3,000 gross square feet.
C. Off-street parking and loading facilities shall be permitted in accordance with the requirements of Chapter 1141.
(7) Fitness Centers.
(b) Accessory Uses.
(1) Accessory uses, buildings, or structures customarily incidental to a permitted use.
(2) Off-street parking and loading areas, driveways and walkways.
(4) Utility, maintenance, sanitation and storage facilities, including garages. All trash and garbage and all raw materials, fuel, machinery, equipment and trucks used in the operation of a permitted use shall be enclosed within a structure or screened by a solid wall or fence sufficient to conceal all such materials when viewed by a person standing at ground level. All garbage shall be stored in air-tight vermin-proof containers.
(5) Rooftop mechanical equipment necessary for the normal operation of a permitted use.
(7) Light poles and flagpoles.
(8) Lunchrooms and recreation facilities for the exclusive use of employees.
(9) Retail sales of products manufactured, assembled or repaired on the premises and related products when such sales are incidental to a permitted main use. Such determination shall be made by the Planning and Zoning Commission.
(Ord. 2019-39. Passed 8-13-19.)
1139.03 AREA AND HEIGHT REGULATIONS.
In a Limited Industrial District, land and structures shall be developed and maintained in accordance with the following area and height regulations.
(a) Lot Size. One acre minimum, except 10,000 square feet minimum for automotive service stations, repair garages and auto washes.
(b) Lot Width. 100 feet minimum for street and building lines.
(c) Building Coverage. Forty percent (40%) of lot area, maximum, for all main and accessory buildings.
(d) Height.
(1) Main buildings: Three stories maximum and not exceeding forty feet.
(2) Accessory structures: Fifteen feet maximum for accessory structures.
(3) Exceptions to height limitations. Rooftop mechanical equipment as permitted under Section 1139.02(b)(5) may extend a maximum of ten feet above the highest point of the building on which it is located, provided that such equipment is set back from any building face a distance at least equal to the height by which it exceeds the building height.
(Ord. 2019-39. Passed 8-13-19.)
1139.04 YARD AND SETBACK REGULATIONS.
In a Limited Industrial District, land and structures shall be developed and maintained in accordance with the following yard and setback regulations. Landscape features, fences, walls and signs shall be permitted in setback areas, provided that such uses conform to applicable regulations of this code. Other accessory uses are permitted in setbacks only in accordance with the setback regulations of subsection (b) hereof.
(a) Yards. The minimum setback from a lot line to a main building shall be as set forth below.
Minimum Setback (feet) | |||
Yard | To Street R.O.W. Line* | To Residential District Line | To Other Lot Line |
Front | 30 | -- | -- |
Side | 20 | 40 | 15 |
Rear | 20 | 50 | 25 |
* For private roads, such distance shall be measured to the road pavement edge.
(b) Setbacks. The minimum setback depth from a lot line to an accessory structure or use shall be as set forth below.
Minimum Setback Depth (feet) | |||
Accessory Use | To Street R.O.W. Line | To Residential District Line | To Other Lot Line |
Structures | * | 40 | 15 |
Surface Parking or Loading Area | 5 | 15 | 5 |
Drives | * | 15 | 5 |
Light/Flagpoles | 5 | 15 | 5 |
* Accessory structures and drives are not permitted in required yards except that drives are permitted only as necessary in providing access to a public right of way.
(Ord. 2019-39. Passed 8-13-19.)