Chillicothe City Zoning Code
TITLE THREE
Zoning Districts
1131.01 REGULATION OF THE USE AND DEVELOPMENT OF LAND OR STRUCTURES.
Regulations pertaining to the use of land and/or structures, and the physical development thereof within each of the zoning districts as established in Chapter 1133, are hereby established and adopted. (Ord. 27-11. Passed 3-14-11.)
1131.02 RULES OF APPLICATION.
(a) Identification of Uses. Listed uses are to be defined by their customary name or identification, except as specifically defined or limited in this Ordinance.
(b) Permitted Uses.
(1) Only a use designated as permitted shall be allowed as a matter of right in any zoning district, and any use not so designated shall be prohibited unless:
A. A permitted use may be added to a zoning district by formal amendment, in conformance with Chapter 1117.
B. An unlisted use may be determined by the Planning Commission to be a similar use, in accordance with subsection (e) hereof.
(2) No more than one (1) permitted use shall exist on any one lot.
(c) Accessory Uses. Accessory uses or structures shall be allowed in accordance with the specific district regulations, and the requirements of Chapter 1173.
(d) Conditional Uses. A use designated as a conditional use shall be allowed in the zoning district where the designation occurs, when such use, its location, extent and method of development will not substantially alter the character of the vicinity, or unduly interfere with or adversely impact the use of adjacent lots. To this end, the Planning Commission may in addition to the development standards for the specific district, set forth additional requirements as will render the conditional use compatible with existing and future use of adjacent lots in the vicinity, in accordance with the specific district regulations and requirements of Chapter 1121.
(e) Similar Uses.
(1) Determination as to whether a use is similar to uses permitted by right shall be considered as an expansion of use regulations of the district and not as a variance applying to a particular situation. Any use found similar shall thereafter be considered as a permitted use in that district.
(2) Applications for zoning permits for uses not specifically listed in the permitted building or use classifications of the zoning district, which the applicant feels qualify as a similar use under the provisions of this Section, shall be submitted to the Planning Commission on forms as may be prescribed by the City for such purpose.
(3) Within thirty (30) days after such submittal, the Planning Commission shall determine whether the requested use is similar to those uses permitted in the specific district. In order to find that a use is similar, the Planning Commission shall find that all of the following conditions exist:
A. Such use is not listed as a permitted or conditional use in another zoning district.
B. Such use conforms to basic characteristics of the classification to which it is to be added and is more appropriate to it than to any other classification.
C. Such use creates no increased danger to health and safety, creates no increased level of noise, vibration, dust, heat, smoke, odor, glare, or other objectionable influences, and does not create traffic congestion to an extent greater than normally resulting from uses listed in the classification to which it is to be added.
(f) Development Standards. Development standards as set forth in the district regulations shall be the minimum allowed for uses permitted in that district. If development standards are in conflict with requirements of any other lawfully adopted rule, regulation, ordinance or statute, the most restrictive standard shall govern.
(g) Site Plan. For particular uses in specific districts and conditional uses, a Site Plan will be cited as required. In such cases, the Site Plan shall be submitted by the applicant at the time of the application for a zoning certificate, or at such time when the property is rezoned into that district. The Site Plan for the property shall be drawn to approximate scale, and shall clearly show all property lines, existing buildings, access drives, parking areas, existing vegetation and other notable physical features. The Site Plan shall also show the location, outlines and size of all proposed structures, and the design of all improvements, including drainage, private streets, water and sanitary sewer lines, and the size, design, materials and location of all signage proposed for the development. The Site Plan shall also contain a narrative description of the proposed use, and an evaluation of how such use may impact adjacent property and methods that will be employed to alleviate or minimize any adverse impacts.
The Site Plan shall be reviewed by the Zoning Inspector and may be subject to review by the Planning Commission. The Site Plan must be approved as a condition for the issuance of a zoning certificate. In reviewing such Plan, the Zoning Inspector and/or Planning Commission may seek the timely input from specific consultants as procured by the City for that specific purpose. In such cases, the costs of such consultant input may be assessed to the applicant. In approving a Site Plan, the Zoning Inspector and/or Planning Commission shall find that the following criteria have been met:
(1) The use(s) and structure(s), as proposed, can be adequately and efficiently served by public streets and utilities.
(2) The proposed building or use shall have sufficient yard space to provide for adequate parking and screening of adjacent residential areas as may be required in this Ordinance.
(3) The location, design and operation of the proposed use shall not impose undue adverse impacts on surrounding residential neighborhoods, and/or the Site Plan for the proposed facility has incorporated measures to lessen and/or alleviate such adverse impacts and protect the character of such adjacent residential areas.
(4) The use(s) and structure(s), as proposed, are generally consistent with the purposes and intent of the zoning district and other provisions of this Ordinance.
(h) Essential Services. Essential Services, as defined and specified in Chapter 1105, shall be permitted in any and all zoning districts within the Municipality.
(Ord. 27-11. Passed 3-14-11.)
1133.01 ZONING DISTRICTS ESTABLISHED.
The following zoning districts are hereby established for the City of Chillicothe:
(R-1) Single Family Residential District
(R-2) Single Family Residential District
(R-3) Older Neighborhood Single Family Residential District
(MH-R) Manufactured Home Residential District
(RM-1) Suburban Residential Multiple Family District
(RM-2) Urban Residential Multiple Family District
(RO) Residential Office District
(LC) Limited Commercial District
(GC) General Commercial District
(DE) Downtown Enterprise District
(RC) Regional Commerce District
(GI) General Industrial District
(IP) Industrial Park District
(IR) Industrial Reuse District
(SU) Special Use District
(PUD) Planned Unit Development District
(FP) Flood Plain Overlay District
(HDR) Historic Design Review District (Overlay)
(Ord. 27-11. Passed 3-14-11.)
1133.02 OFFICIAL ZONING MAP.
The districts established in Section 1133.01 are shown on the Official Zoning Map, which together with all notations, references, data, district boundaries and other explanatory information, is hereby adopted as a part of this Ordinance. The Official Zoning Map shall be identified by the signatures of the Mayor and President of Council, and shall be on file in the City offices.
(Ord. 27-11. Passed 3-14-11.)
1133.03 INTERPRETATION OF ZONING DISTRICT BOUNDARIES.
Except where referenced and noted on the Official Zoning Map by a designated line and/or dimensions, the district boundary lines are intended to follow property lines, lot lines, centerlines of streets, alleys, streams and/or railroads as they existed at the time of passage of this Ordinance. The Zoning Inspector shall interpret the boundary lines from the Zoning Map. When and if the Zoning Inspector's interpretation of such boundary line is disputed, the final interpretation authority shall rest with the Board of Zoning Appeals.
(Ord. 27-11. Passed 3-14-11.)
1133.04 NEWLY ANNEXED AREAS.
Subject to the conditions stated below, territory which is annexed into the City of Chillicothe subsequent to the effective date of this Ordinance shall, upon the effective date of the annexation, be zoned into the R-1 District. Within three (3) months from the date of annexation, the Planning Commission shall present a zoning plan for the annexed territory to City Council, however such plan may be submitted prior to annexation. Such plan shall consider the recommendations of any comprehensive plan for the area, if adopted by City Council. City Council may hold a public hearing on the proposed zoning plan, as recommended by the Commission. If such hearing is held, notice of such hearing shall be given in a newspaper of general circulation within the municipality not less than thirty (30) days before the date of the hearing. Within thirty (30) days after such hearing, City Council shall approve, or approve with modification the zoning plan. If such zoning plan is approved by City Council prior to the effective date of annexation, then the annexed property shall be considered to be zoned as specified in the date the annexation is effective.
Nothing in this Section shall prevent the owner of property within the annexed territory from applying for a zoning amendment, after the effective date of annexation, pursuant to the procedures specified in Chapter 1117.
(Ord. 27-11. Passed 3-14-11.)
1135.01 PURPOSE.
The Single-Family Residential Districts are established to provide for single-family residential development at various densities typical of contemporary residential environments. The R-1 and R-2 Districts are to be utilized in areas of the City that are or can be served by public water and sewer. (Ord. 27-11. Passed 3-14-11.)
1135.02 PERMITTED USES.
(a) Not more than one (1) single-family detached dwelling, including permanently sited manufactured homes as defined in Chapter 1105.
(b) Public parks, playgrounds and open space of less than five (5) acres in size.
(Ord. 27-11. Passed 3-14-11.)
1135.03 ACCESSORY USES.
(a) Accessory buildings or structures customarily associated with single-family residential use, including detached garages or carports, tool or garden sheds, playhouses, swimming pools and tennis courts and similar facilities for primary use by occupants of the principal use of the property on which the facility is located, subject to the requirements of this Ordinance.
(b) Home occupations, subject to the requirements of Section 1173.02.
(Ord. 27-11. Passed 3-14-11.)
1135.04 CONDITIONAL USES.
(a) Public parks, playgrounds or open space of five (5) acres or more in size.
(b) Country clubs and golf courses.
(c) Public or private elementary or middle schools, provided a Site Plan showing all facilities is submitted and approved pursuant to Section 1131.02(g). In addition, all parking and service areas must be landscaped and screened.
(d) Churches and similar places of public assembly, provided the seating capacity of the sanctuary or main seating area is not more than 300 persons. A Site Plan pursuant Section 1131.02(g) shall be required for all new or expansion of existing churches in the R-1 and/or R-2 Districts. (Ord. 27-11. Passed 3-14-11.)
1135.05 DEVELOPMENT STANDARDS.
The development standards for the R-1 and R-2 Districts shall be as shown on the chart on the following page:
SINGLE FAMILY RESIDENTIAL DISTRICTS
DEVELOPMENT STANDARDS
PERMITTED USES | CONDITIONAL USES | ||
R-1 | R-2 | ||
MINIMUM LOT AREA | 12,000 S.F | 7,500 S.F. | 5 acres |
MINIMUM LOT WIDTH | 90 feet | 65 feet | 200 feet |
MINIMUM FRONT YARD DEPTH | 30 feet | 25 feet | 40 feet |
MINIMUM SIDE YARD WIDTH | 10 feet | 8 feet | 50 feet |
MINIMUM REAR YARD DEPTH | 35 feet | 30 feet | 50 feet |
BUILDING HEIGHT | 2 ½ stories or 35 feet | 2 ½ stories or 35 feet | 50 feet |
MAX. % OF LOT COVERAGE | 25% | 30% | 25% |
(Ord. 27-11. Passed 3-14-11.)
1135.06 OTHER REQUIREMENTS.
1137.01 PURPOSE.
The R-3 District is established to provide for the continuance of single-family housing and reinvestment within the older portions of the City of Chillicothe, and expansion of such uses at densities consistent with existing development, thereby encouraging the revitalization of older neighborhoods and increasing the diversity of housing choice, while maintaining adequate development standards. This district could also be used to allow for new development in these areas by meeting standards intended to promote the neighborhood character of such new development.
It is recognized that property in the R-3 District is located in the older areas of the City, and that such areas are likely to be characterized by patterns of mixed land use. Many of these mixed uses are the result of past development practices and might not be allowed under the current provisions of this Ordinance. It is the intent of this Ordinance, and this district in particular, to protect and preserve the basic property rights of such existing nonconforming properties. Specific provisions are made for the continuance, substitution and extension of such use, pursuant to Chapter 1125. (Ord. 27-11. Passed 3-14-11.)
1137.02 PERMITTED USES.
(a) Not more than one (1) single-family detached dwelling, including permanently sited manufactured homes as defined in Chapter 1105.
(b) Public parks, playgrounds and open space.
(Ord. 27-11. Passed 3-14-11.)
1137.03 ACCESSORY USES.
(a) Accessory buildings or structures customarily associated with single-family residential use, including detached garages or carports, tool or garden sheds, playhouses swimming pools and similar facilities for primary use by occupants of the principal use of the property on which the facility is located, subject to the requirements of this Ordinance.
(b) Home occupations, subject to the requirements of Section 1173.02.
(Ord. 27-11. Passed 3-14-11.)
1137.04 CONDITIONAL USES.
(a) Two-family dwellings, subject to the following:
(1) Minimum lot area shall be 4,000 square feet per dwelling unit.
(3) A Site Plan for the property, pursuant to Section 1131.02(g), shall be provided. Such Site Plan shall clearly show how specific measures will be incorporated to control and alleviate any adverse impacts on adjacent residential properties.
(b) Churches and similar places of public assembly, provided the seating capacity of the sanctuary or main seating area is not more than 200 persons. A Site Plan shall be required for all new or expansion of existing churches in the R-3 District.
(c) Day-care centers and schools associated with conditionally permitted churches.
(d) Elementary schools, subject to submittal and approval of a Site Plan, pursuant to Section 1131.02(g).
(e) Bed-and-Breakfast establishments, subject to the following standards:
(1) Structures shall maintain the appearance of a single-family residence and be compatible with surrounding residences, in size and scale.
(2) The Bed-and-Breakfast establishment shall be owned and operated by the occupant of the premises.
(3) Exterior signage shall be limited to a single nameplate not more than twelve (12) square feet in size. No signs shall be internally illuminated.
(4) Accommodations shall be limited to not more than five (5) rooms.
(f) Conversion of an existing nonresidential primary structure to a use cited as a conditional use in the RO District.
(Ord. 27-11. Passed 3-14-11.)
1137.05 DEVELOPMENT STANDARDS.
(a) Minimum Lot Area. 5,000 square feet for interior lots; 6,000 square feet for corner lots subject to the exceptions of Section 1137.04(a).
(b) Minimum Lot Width. Fifty (50) feet.
(c) Minimum Front Yard Depth. Twenty (20) feet, or the distance of the most proximate existing principal structures on the same side of the street and facing thereon within the same block, whichever is less.
(d) Minimum Side Yard Depth. Six (6) feet.
(e) Minimum Rear Yard Depth. Twenty-five (25) feet.
(f) Lot Coverage. All structures, including accessory structures, shall cover not more than forty percent (40%) of the area of the lot.
(g) Maximum Building Height. Thirty (30) feet.
(Ord. 27-11. Passed 3-14-11.)
1137.06 OTHER REQUIREMENTS.
1139.01 PURPOSE.
The City of Chillicothe recognizes that manufactured housing presents residential options and opportunities, especially related to cost, which are unavailable with conventional site-built housing. The Manufactured Home Residential (MH-R) District is established to provide a desirable residential environment for manufactured homes, protected from adverse neighboring influences, with adequate access for vehicular traffic and circulation. These residential communities shall be developed and located to provide overall desirability equivalent to that for other forms of residential development.
The MH-R District may also be used to accommodate areas of the City occupied by existing mobile or manufactured homes, and to encourage the renewal and revitalization of these areas. (Ord. 27-11. Passed 3-14-11.)
1139.02 REQUIREMENTS GENERALLY.
Permanently sited manufactured homes, as defined in Chapter 1105, shall be considered as a permitted use in any zoning district that permits single-family residential dwellings. Manufactured homes not meeting the criteria for permanently sited manufactured homes in Chapter 1105 shall only be allowed under terms as specified in this chapter. Mobile homes as defined in Chapter 1105 and/or Section 4501.01 of the Ohio Revised Code shall not be considered as a permitted or conditional use in this or any other zoning district. A nonconforming mobile home may be replaced by a manufactured home, provided such home meets the standards of this chapter. (Ord. 27-11. Passed 3-14-11.)
1139.03 PERMITTED USES.
(a) Not more than one (1) single-family detached dwelling, including permanently sited manufactured homes as defined in Chapter 1105.
(b) Manufactured home communities, provided a Site Plan is approved, pursuant to Section 1131.02(g).
(c) Individual manufactured homes not considered as permanently sited manufactured homes on single lots, provided such homes are placed on a permanent foundation as defined in Chapter 1105.
(d) Public or private parks or playgrounds.
(Ord. 27-11. Passed 3-14-11.)
1139.04 ACCESSORY USES.
(a) Uses and structures incidental and accessory to specified permitted uses to include common areas, community/recreational facilities and offices for rental and management of units therein. (Ord. 27-11. Passed 3-14-11.)
1139.05 CONDITIONAL USE.
(a) Nursery schools and day care centers.
(b) Class I Type A group residential facilities, subject to the requirements of Section 1173.06.
(Ord. 27-11. Passed 3-14-11.)
(Ord. 27-11. Passed 3-14-11.)
1139.06 DEVELOPMENT STANDARDS.
The following standards for the arrangement and development of land and buildings are required in the MH-R District:
(a) Minimum Lot Area.
(1) The minimum lot area for any manufactured home community shall be ten (10) acres. Maximum gross density shall not exceed ten (10) dwelling units per acre.
(2) Individual manufactured home lots shall be not less than 3,500 square feet.
(3) For any other permitted use, the minimum lot area shall not be less than 6,000 square feet.
(b) Minimum Lot Width.
(1) The minimum lot width for any manufactured home community shall be not less than 300 feet. Frontage shall be provided on a publicly dedicated and improved street. The ratio of width to depth shall not exceed one to five (1:5).
(2) The minimum lot width for any individual mobile home lot within such a community shall be not less than thirty (30) feet.
(3) For any other permitted use, the minimum lot width shall be sixty (60) feet.
(c) Minimum Front Yard.
(1) The minimum front yard depth for any manufactured home community shall be not less than thirty-five (35) feet.
(2) For any other permitted use, the minimum front yard depth shall be twenty-five (25) feet.
(d) Minimum Side Yard Width.
(1) The minimum side yard width for any manufactured home community shall be not less than thirty-five (35) feet.
(2) The minimum side yard width for any individual lot within a manufactured home community shall be not less than five (5) feet.
(3) For any other permitted uses, the minimum side yard width shall be not less than eight (8) feet, with minimum of twenty (17) feet for the sum of side yards.
(e) Minimum Rear Yard Depth.
(1) The minimum rear yard depth for any manufactured home community shall be not less than thirty-five (35) feet.
(2) The minimum rear yard depth for any individual lot within a manufactured home community shall be not less than ten (10) feet.
(3) For any other permitted use, the minimum rear yard depth shall be not less than forty (40) feet.
(f) Minimum Lot Coverage. Detached dwelling units and their accessory buildings shall not occupy more than forty percent (40%) of the lot area of any individual manufactured home lot.
(g) Required Open Space and Recreational Areas. At least twenty percent (20%) of the gross land area for any new manufactured home community shall be reserved for common recreational areas and facilities, such as playgrounds, swimming pools, pedestrian paths, and similar facilities. Such recreational and open space facilities shall not be a part of streets and/or parking areas, and shall be closed to motorized traffic, except for service and maintenance vehicles. Such areas shall be landscaped, improved and maintained for the intended uses.
(h) Off-Street Parking. Off-street parking for permitted uses shall be provided. In manufactured home communities and conditional uses, parking spaces shall be provided for two (2) vehicles for each dwelling unit. Such parking spaces shall be located either on the same lot as the dwelling which they serve, or in specially provided common areas located not more than 400 feet from the dwelling which they serve, or some combination thereof. Required parking spaces shall not be provided on public or private streets within and on the perimeter of the community. Parking shall be so arranged that there is no maneuvering incidental to parking in the travel lane of streets.
(i) Access. All manufactured home communities shall have direct access to collector streets. Principal vehicular access points shall be designed to encourage smooth traffic flow. Merging and turnout lanes and/or traffic dividers shall be required where existing or anticipated traffic volumes indicate need. Minor streets shall not be connected with streets outside the district in such a way so as to encourage the use of those streets by substantial amounts of through traffic. No lot within the community shall have direct vehicular access to a street bordering the development.
(j) Streets and Street Layout. All streets, whether private or dedicated to the City, providing access to the individual lots in a manufactured home community, shall be dimensioned and improved in accordance with the subdivision standards and requirements of this Ordinance.
The proposed layout of streets within a manufactured home community shall be subject to approval by the Planning Commission. In making such determinations, the Commission may procure the assistance of a Professional Engineer or other professional. All costs associated with such approval shall be paid by the applicant prior to issuance of a Certificate of Zoning Compliance.
(k) Water and Sewer. Any manufactured home community shall be provided with a water and sanitary sewer distribution system, serving each individual home lot, which is connected to the municipal water and sanitary sewage system. The design and construction of all distribution and collection systems shall be approved by the City and the Ohio Environmental Protection Agency. All costs associated with such approval(s) shall be paid by the applicant prior to issuance of a Certificate of Zoning Compliance.
(l) Storm Drainage. All areas within a manufactured home community shall be graded and drained so as to minimize standing water and surface runoff. Open drainage ditches shall be prohibited. The proposed methods for alleviation of standing water and excessive surface runoff shall be submitted by the applicant and approved by the City. All costs associated with such approvals shall be paid by the applicant prior to the issuance of Certificates of Zoning Compliance.
(m) Underground Utilities. Within any manufactured home community, all utility lines, including electricity, telephone, and cable television shall be located underground.
(n) Fire Protection. Within each manufactured home community there shall be provided a fire protection system approved by the Chillicothe Fire Inspector. Standard fire hydrants shall be located within 400 feet of any structure, or other system constructed which in the judgment of the Chillicothe Fire Inspector, provides an equal or greater measure of protection.
(Ord. 27-11. Passed 3-14-11.)
1139.07 OTHER REQUIREMENTS.
1141.01 PURPOSE.
It is recognized that housing at higher densities creates issues and opportunities unique and distinct from more typical suburban development. This district is established to provide for the continuance, expansion, redevelopment and/or establishment of medium-high density residential uses in areas best equipped to accommodate such development. This district can also be used to provide for a range of contemporary projects, including condominiums and/or retirement housing.
(Ord. 27-11. Passed 3-14-11.)
1141.02 PERMITTED USES.
(a) Not more than one (1) single family dwelling subject to the requirements of the R-3 District.
(b) Two-family and multiple family structures having 3,500 square feet or more of lot area per dwelling unit (12 units/acre) and eight (8) or less dwellings per structure, including independent senior and retirement housing.
(c) Public or private parks, playgrounds and open space.
(Ord. 27-11. Passed 3-14-11.)
1141.03 ACCESSORY USES.
(a) Uses incidental and accessory to multiple-family dwellings and for exclusive use of their residents, to include common recreational facilities, community swimming pools, and offices for the rental and management of units therein.
(b) Temporary structures for uses incidental to construction work, which shall be removed upon the completion or abandonment of construction work.
(c) Off-street parking areas associated with and subsidiary to the primary use of the property, subject to the requirements of Chapter 1177.
(d) Home occupations, subject to the requirements of Section 1173.02.
(Ord. 27-11. Passed 3-14-11.)
1141.04 CONDITIONAL USES.
(a) Multiple family dwellings having between 2,400 square feet and 3,500 square feet of lot area per dwelling unit (12-18 units per acre) and/or not more than sixteen (16) dwellings per structure.
(b) Nursery schools and day care centers.
(c) Class I Type A and Type B group residential facilities, subject to the requirements of Section 1173.06.
(Ord. 27-11. Passed 3-14-11.)
(Ord. 27-11. Passed 3-14-11.)
1141.05 DEVELOPMENT STANDARDS.
(a) Site Plan. A Site Plan, pursuant to the provisions of Section 1131.02(g) of this Ordinance shall be submitted and approval of such Site Plan shall be required prior to issuance of a zoning certificate. For conditional uses such Site Plan shall require approval by the Planning Commission prior to issuance of a zoning certificate.
(c) Minimum Lot Width. Fifty (50) feet of frontage on a publicly dedicated and improved street or roadway for single and two-family dwellings. Eighty (80) feet for other multiple family structures as permitted in Section 1141.02 with ten (10) additional feet for each additional two (2) units as permitted in Section 1141.04, up to 150 feet. 150 feet for other permitted and conditional uses.
(d) Minimum Front Yard Depth. Twenty-five (25) feet.
(e) Minimum Side Yard Width. Ten (10) feet for structures or paved areas.
(f) Minimum Rear Yard Depth. Twenty-five (25) feet for structures.
(g) Maximum Building Height. 2 ½ stories or thirty-five (35) feet, which ever is less.
(h) Minimum Distance Between Buildings. If there are two or more buildings on a single lot, the minimum distance between buildings shall be fifteen (15) feet.
(i) Lot Coverage. Buildings or structures shall not occupy more than forty percent (40%) of the total lot area.
(j) Landscaping. If side or rear yards and/or off-street parking areas are located adjacent to an existing residence or any R-1, R-2 or R-3 District, landscaping and screening of those yards shall be required to meet the requirements of Chapter 1175 of this Ordinance.
(k) Open/Play Area. In cases where multiple family dwellings consist of more than three (3) units, an open space/play area must be established. Such open area shall not be less than 1,000 square feet for each five (5) units, or portion thereof, within the complex. Such open/play area shall be maintained by the owner of the complex.
(Ord. 27-11. Passed 3-14-11.)
1141.06 OTHER REQUIREMENTS.
1143.01 PURPOSE.
The purpose of the RM-2 District is to provide areas for the continuance or development of urban (higher) density residential uses, including condominiums or retirement housing. Areas of the City zoned into this District should be subject to careful and complete analysis in order to address issues resulting from high density, including provision of public services, accessibility, accommodation of traffic and overall compatibility.
(Ord. 27-11. Passed 3-14-11.)
1143.02 PERMITTED USES.
(a) Multiple family dwellings having up to 2,400 square feet of lot area per dwelling unit (18 units per acre) and sixteen (16) dwellings per structure.
(b) Nursing homes of not more than forty (40) beds.
(c) Public or private parks, playgrounds and open space.
(Ord. 27-11. Passed 3-14-11.)
1143.03 ACCESSORY USES.
(a) Uses incidental and accessory to multiple-family dwellings and for exclusive use of their residents, to include common recreational facilities, community swimming pools, and offices for the rental and management of units therein.
(b) Temporary structures for uses incidental to construction work, which shall be removed upon the completion or abandonment of construction work.
(c) Off street parking areas associated with and subsidiary to the primary use of the property, subject to the requirements of Chapter 1177 of this Ordinance.
(d) Home occupations, subject to the requirements of Section 1173.02 of this Ordinance. (Ord. 27-11. Passed 3-14-11.)
1143.04 CONDITIONAL USES.
(a) Multiple family dwellings having less than 2,400 square feet of lot area per dwelling unit (18 units per acre) and more than sixteen (16) dwellings per structure, not to exceed forty-eight (48) units per acre.
(b) Nursery schools and day care centers.
(c) Senior housing or extended care facilities subject to the requirements for multiple-family dwellings of the same density characteristics.
(d) Nursing homes of more than forty (40) beds.
(e) Class I Type A and Type B group residential facilities, subject to the requirements of Section 1173.06 of this Ordinance.
(Ord. 27-11. Passed 3-14-11.)
1143.05 DEVELOPMENT STANDARDS.
(a) Site Plan. A Site Plan, pursuant to the provisions of Section 1131.02(g) of this Ordinance shall be submitted and approval of such Site Plan shall be required prior to issuance of a zoning certificate. For conditional uses such Site Plan shall require approval by the Planning Commission prior to issuance of a zoning certificate.
(b) Minimum Lot Area. 4,000 square feet per dwelling unit for two-family dwellings. Minimum area per dwelling unit for all other multiple-family dwellings pursuant to standards of Sections 1143.02 or 1143.04. Other permitted and conditional uses shall have a minimum of 2,400 square feet per two (2) occupants.
(c) Minimum Lot Width. Fifty (50) feet of frontage on a publicly dedicated and improved street or roadway for two-family dwellings. Eighty (80) feet for other multiple family structures of eight (8) units or less, with ten (10) additional feet for each additional two (2) units up to 150 feet. 150 feet for other permitted and conditional uses.
(d) Minimum Front Yard Depth. Twenty-five (25) feet.
(e) Minimum Side Yard Width. Ten (10) feet for structures or paved areas.
(f) Minimum Rear Yard Depth. Twenty-five (25) feet for structures.
(g) Maximum Building Height. Thirty-five (35) feet for permitted uses
Eighty (80) feet for conditional uses.
(h) Minimum Distance Between Buildings. If there are two or more buildings on a single lot, the minimum distance between buildings shall be fifteen (15) feet.
(i) Lot Coverage. Buildings or structures shall not occupy more than fifty percent (50%) of the total lot area.
(j) Landscaping. If side or rear yards and/or off-street parking areas are located adjacent to an existing residence or any district where single-family residences are a permitted use, landscaping and screening of those yards shall be required to meet the requirements of Chapter 1175 of this Ordinance.
(k) Open/Play Area. In cases where multiple family dwellings consist of more than three (3) units, an open space/play area must be established. Such open area shall not be less than 1,000 square feet for each five (5) units, or portion thereof, within the complex. Such open/play area shall be maintained by the owner of the complex.
(Ord. 27-11. Passed 3-14-11.)
1143.06 OTHER REQUIREMENTS.
1145.01 PURPOSE.
The RO District is established to provide areas along major thoroughfares that are currently occupied by single-family residences, but are subject to development pressure for commercial use. The intent of the district is to provide for smaller low intensity administrative and/or professional offices while retaining the area's residential character.
(Ord. 27-11. Passed 3-14-11.)
1145.02 PERMITTED USES.
(a) Any use or structure as specified as a permitted or conditional use in the R-3 District.
(b) Two family dwellings, provided a minimum lot area of 3,500 square feet for each dwelling unit is provided.
(Ord. 27-11. Passed 3-14-11.)
1145.03 ACCESSORY USES.
(a) Accessory buildings or structures customarily associated with single-family residential use, including detached garages or carports, tool or garden sheds, playhouses, swimming pools and similar facilities for primary use by occupants of the principal use of the property on which the facility is located, subject to the requirements of this Ordinance.
(b) Home occupations, subject to the requirements of Section 1173.02 of this Ordinance. (Ord. 27-11. Passed 3-14-11.)
1145.04 CONDITIONAL USES.
(a) Multiple family dwellings having not more than four (4) units per structure, provided a minimum lot area of 3,000 square feet per dwelling unit is provided.
(b) Churches and similar places of public assembly, provided the seating capacity of the sanctuary or main seating area is not more than 300 persons.
(c) Day-care centers and schools associated with conditionally permitted churches.
(d) Nursing homes and convalescent homes primarily for elderly residents housing and caring for not more than twenty (20) patients at one time, not including group residential facilities as defined in Chapter 1105.
(e) Bed-and-Breakfast establishments, subject to the following standards:
(1) Structures shall maintain the appearance of a single-family residence and be compatible with surrounding residences, in size and scale
(2) The Bed-and-Breakfast establishment shall be owned and operated by the occupant of the premises.
(3) Exterior signage shall be limited to a single nameplate not more than twelve (12) square feet in size.
(4) Accommodations shall be limited to not more than four (4) rooms.
(5) Off-street parking shall be in specially designated areas and shall not be allowed in the front yard.
(f) Administrative, business or professional offices, provided such uses occupy an existing building which has not more than 5,000 square feet of gross floor area, and which shall not be increased in size. Such uses shall consist of:
(1) Brokers and dealers in securities, investments and associated services, not including commercial banks and savings institutions.
(2) Insurance agents and brokers and associated services.
(3) Real estate sales and associated services.
(4) Medical and medical-related activities, but not including veterinary offices or animal hospitals.
(5) Professional, legal, engineering and architectural services, not including the outside storage of equipment.
(6) Accounting, auditing and other bookkeeping services.
(7) Professional, fraternal and membership associations
(g) Funeral homes, providing the primary building has not more than 5,000 square feet of gross floor area. (Ord. 27-11. Passed 3-14-11.)
1145.05 SPECIAL PROVISIONS FOR CONDITIONAL USES.
(a) Site Plan. A Site Plan, pursuant to the provisions of Section 1131.02(g) of this Ordinance shall be required. Such Plan shall document how the provisions of this Section shall be met. The Site Plan shall be approved by the Zoning Inspector prior to issuance of a zoning certificate and may be subject to approval by the Planning Commission.
(b) Hours. Exterior activities shall be conducted principally during daylight hours.
(c) Traffic Circulation. Ingress, egress and traffic circulation on the site shall be managed so as to minimize impacts on adjacent properties. No traffic lane shall be located less than twenty (20) feet from any adjacent residential property.
(d) Appearance. Structures shall maintain a residential appearance and be compatible with surrounding residences in size and scale.
(e) Lighting. Lighting shall be limited to those types customarily found in residential neighborhoods. Any exterior lighting shall be arranged so as not to shine on adjacent properties.
(f) Signage. Exterior signage shall be limited to a single sign not more than twelve (12) square feet in area, identifying the business. No signs shall be internally illuminated.
(g) Storage. Storage of materials and equipment shall be within enclosed structures.
(h) Parking. Sufficient off-street parking shall be provided as specified in Chapter 1177. All parking shall be provided in designated areas in rear yards.
(i) Landscaping and Screening. The landscaping and screening of side and rear yards, including any parking areas, shall be required so as to meet the provisions of Chapter 1175.
(Ord. 27-11. Passed 3-14-11.)
1145.06 DEVELOPMENT STANDARDS.
The minimum lot area, lot width, front yard depth, side yard depth, and rear yard depth, and the maximum building height and lot coverage for all permitted and conditional uses in the RO District shall be as required in the R-3 District. Setbacks and other standards for conditional uses shall be clearly shown on the required Site Plan and reviewed by the Planning Commission prior to approval. (Ord. 27-11. Passed 3-14-11.)
1145.07 OTHER REQUIREMENTS.
1147.01 PURPOSE.
The purpose of the Limited Commercial District is to provide for the orderly development of offices, public and community buildings and neighborhood-oriented small businesses, particularly those serving the personal service needs of residents. Because commercial establishments within the LC District are closely associated with the residential land uses, more restrictive requirements related to size and scale, traffic control and landscaping are needed than in other commercial districts.
(Ord. 27-11. Passed 3-14-11.)
1147.02 PERMITTED USES.
(a) Administrative, business or professional offices of not more than 5,000 square feet of gross floor area consisting of:
(1) Brokers and dealers in securities, investments and associated services, not including commercial banks and savings institutions.
(2) Insurance agents and brokers and associated services.
(3) Real estate sales and associated services.
(4) Medical and medical-related activities, but not including veterinary offices or animal hospitals.
(5) Professional, legal, engineering and architectural services, not including the outside storage of equipment.
(6) Accounting, auditing and other bookkeeping services.
(7) Professional, fraternal and membership associations
(b) Retail Stores of not more than 5,000 square feet of gross floor area, primarily engaged in selling merchandise for personal or household consumption, and rendering services incidental to the sale of those goods; provided all storage and display of merchandise shall be within the principal structure; and not including establishments with drive-through facilities or businesses selling gasoline or similar fuels. Examples include:
(1) Food and food products.
(2) Proprietary drug and hardware stores.
(3) Similar retail stores, consisting of: florists, gift, antique or second-hand stores, books and newspapers, sporting goods, jewelry, optical goods, and other retail stores which conform to the purpose and intent of the LC District.
(c) Personal Services, involving the care of the person and his/her personal effects, consisting of consumer services generally involving the care and maintenance of tangible personal property, except for motor vehicles. All structures shall have a gross floor area of not more than 5,000 square feet. Examples include:
(1) Restaurants, but not including restaurants with drive-through facilities and/or outside dining areas.
(2) Banks, savings and loans, and credit agencies, but not including establishments with drive-through facilities.
(3) Barber and beauty shops, having no more than four work stations.
(4) Funeral services.
(5) Human medical and/or dental clinics.
(6) Commercial photography.
(7) On-premises duplication services.
(d) Nursery schools and day care facilities.
(e) Churches and similar places of public assembly, provided the seating capacity of the primary assembly area is not more than 200 persons.
(f) Governmental and community buildings, including libraries and museums,
(g) Parks. (Ord. 27-11. Passed 3-14-11.)
1147.03 CONDITIONAL USES.
(a) Veterinary offices, not including outside boarding of animals. A Site Plan, pursuant to the standards of Section 1131.02(g), shall be required.
(b) Class I Type A group residential facilities, subject to the requirements of Section 1173.06 of this Ordinance.
(c) Class II Type A or B group residential facilities, subject to the requirements of Section 1173.06 of this Ordinance.
(d) Multiple family dwellings, listed as permitted or conditional uses and pursuant to the requirements of the RM-1 District.
(e) Any permitted use with a gross floor area of more than 5,000 square feet.
(f) Similar small business uses consistent with the purposes of the LC District, subject to the approval of a Site Plan by the Planning Commission, pursuant to Section 1131.02(g) of this Ordinance. (Ord. 27-11. Passed 3-14-11.)
1147.04 DEVELOPMENT STANDARDS.
(a) Site Plan. All conditional uses shall require a Site Plan, pursuant to Section 1131.02(g). The Site Plan shall be approved by the Planning Commission prior to issuance of a zoning certificate.
(b) Lot Area. No minimum lot area is required; however, lot area shall be adequate to provide the required parking and yard areas.
(c) Lot Width. No minimum lot width is required; however all lots shall abut an improved public street designated as having not less than secondary collector status. All lots shall have adequate width to provide for required parking and yard area.
(d) Front Yard Setback. The minimum front yard setback shall be the average of the existing adjacent commercial structures on the same side of the street and facing thereon within the same block. Where there are no adjacent commercial structures, the front yard setback shall not be less than thirty-five (35) feet measured from the nearest edge of the street right-of-way.
(e) Side Yards. Fifteen (15) feet, unless adjacent to any district where residences are a permitted use, wherein the side yard shall be no less than thirty (30) feet.
(f) Rear Yards. Twenty (20) feet, unless adjacent to any district where residences are a permitted use, wherein the rear yard shall be no less than forty (40) feet.
(g) Maximum Building Size. Permitted uses within LC District shall have usable floor area of not more than 5,000 square feet, even if such uses occupy more than one building. Any single building containing multiple permitted uses within the LC District shall have a usable floor area of not more than 15,000 square feet.
(h) Building Height. Thirty (30) feet.
(i) Lot Coverage. Buildings shall not comprise more than fifty percent (50%) of the lot area.
(j) Lighting. Lighting fixtures within the LC District shall be so arranged, shielded and directed so as to not shine directly on any adjacent residential property.
(k) Parking and Loading. Generally, parking areas shall be arranged so as to minimize the visual and functional impacts of business-related parking on any adjacent residential areas.
(l) Landscaping/Screening. If side or rear yards are located adjacent to any areas where single-family or two-family residences are permitted uses, the screening of such yards shall be required. Such landscaping shall consist of walls, fences, mounding, natural vegetation or a combination of these elements, so as to meet the requirements of Chapter 1175 of this Ordinance.
(m) Additional Yard and Pedestrian Areas. Where new development in the LC District is located adjacent to a district where residences are a permitted use, the Planning Commission may require that at least five percent (5%) of the lot area, exclusive of parking areas and public rights-of-way, shall be devoted to landscaped yards or pedestrian space.
(Ord. 27-11. Passed 3-14-11.)
1147.05 OTHER REQUIREMENTS.
1149.01 PURPOSE.
The General Commercial District is established to provide areas for business uses that typically generate a significant degree of commercial activity dependent on high traffic volumes. The intent of the GC District is to encourage such business growth while promoting a compatible relationship between permitted uses and overall traffic movement, and minimizing negative impacts on adjacent land uses. The GC District is not intended to be used in the existing downtown core area as a substitute for the DE District.
(Ord. 27-11. Passed 3-14-11.)
1149.02 PERMITTED USES.
(a) Administrative and business offices not carrying on retail trade with the public and having no stock of goods maintained for sale to customers including:
(1) Insurance agents and brokers and associated services.
(2) Professional, legal, engineering and architectural services, not including the outside storage or equipment.
(3) Accounting, auditing and other bookkeeping services.
(4) Medical offices and clinics.
(b) Retail Stores primarily engaged in selling merchandise for personal or household consumption including:
(1) Food and food products, consisting of grocery, meat, fish, fruit or vegetable markets or combinations thereof.
(2) General merchandise, including limited price variety stores and other similar stores selling a variety of general merchandise.
(3) Similar retail stores selling specialty goods, including drug stores, hardware and home repair goods, gift and novelty stores, etc.
(c) Personal Services, involving the care of the person and his/her personal effects, including consumer services generally involving the care and maintenance of tangible property or the provision of tangible services for personal consumption including:
(1) Restaurants and taverns.
(2) Banks, savings and loans, and credit agencies.
(3) Barber and beauty shops.
(4) Self-service laundries and/or dry-cleaning establishments.
(5) Human medical and/or dental clinics.
(6) Funeral services.
(d) Business Services engaged in the providing of services to business establishments on a fee or contract basis, consulting services, protective services, office equipment rental, lease or purchase, commercial research and development.
(e) Commercial recreational facilities such as community and public swimming pools, skating rinks, bowling alleys, physical fitness centers.
(f) Lumber and home improvement sales.
(g) Motor vehicle sales.
(h) Hotels and motels.
(i) Garden centers.
(j) Carry-out food and beverage establishments with drive-through facilities.
(k) Medical offices and clinics, including nursing and/or convalescent facilities.
(l) Self-service storage facilities.
(m) Similar uses, as determined by the Planning Commission, in accordance with the provisions by Section 1131.02(e).
(Ord. 27-11. Passed 3-14-11.)
1149.03 CONDITIONAL USES.
(b) Temporary or seasonal outdoor sales lots having a maximum operating duration of four (4) months, provided a Site Plan, including a plan for all signage, is approved pursuant to Section 1131.02(g) and all other permits are obtained.
(c) Automobile service establishments including gas stations, but not including semi-truck servicing establishments.
(Ord. 27-11. Passed 3-14-11.)
1149.04 DEVELOPMENT STANDARDS.
(a) Site Plan. A Site Plan shall be required for all conditional uses and all permitted uses within the GC District, unless the proposed use is to be totally enclosed within the existing building, and no changes are proposed that affect the configuration of the building on the lot or physical changes, e.g., parking, signage or landscaping, on the lot. The Site Plan shall be approved by the Zoning Inspector prior to issuance of a zoning certificate.
(b) Minimum Lot Area. No minimum lot area is required; however, lot area shall be adequate to provide for the required parking and yard areas.
(c) Minimum Lot Width. 100 feet of frontage on a publicly dedicated and improved street or highway.
(d) Minimum Front Yard Depth. Forty (40) feet for structures. Thirty (30) feet for paved areas.
(e) Minimum Side Yard.
(1) When abutting a non-residential zoning district: Twenty (20) feet for structures, ten (10) feet for paved areas.
(2) When abutting a residential zoning district: Forty (40) feet for structures, thirty-five (35) feet for paved areas.
(f) Minimum Rear Yard.
(1) When abutting a non-residential zoning district: Thirty (30) feet for structures, ten (10) feet for paved areas.
(2) When abutting a residential zoning district: Fifty (50) feet for structures, thirty-five (35) feet for paved areas.
(g) Maximum Building Height. Forty-five (45) feet.
(h) Landscaping/Screening. If side or rear yards are adjacent to property in which single family residences are a permitted use, the screening of such yards shall be required. Such landscaping shall consist of walls, fences, mounding, natural vegetation or a combination of these elements to meet the requirements of Chapter 1175.
(Ord. 27-11. Passed 3-14-11.)
1149.05 OTHER REQUIREMENTS.
1151.01 PURPOSE.
The purpose of the Downtown Enterprise District is to promote and foster the economic and physical vitality of Chillicothe's downtown while recognizing the unique physical characteristics of the area and preserving historic mixed use and pedestrian focus. The standards and requirements of the Downtown Enterprise District are based on the following principles:\
(a) The downtown should contain a healthy mix of land uses. The marketplace - not regulations - should be the primary force driving the mix of downtown uses.
(b) The maintenance and improvement of the downtown physical environment is important in promoting an active and vital business environment.
(c) Development standards and regulations should encourage the adaptive use of older structures.
(d) The downtown should be particularly receptive to small local-based entrepreneurship and start-up businesses.
(e) Housing - and particularly owner-occupied housing - should be an integral component of the physical fabric of areas adjacent to and around the downtown.
(Ord. 27-11. Passed 3-14-11.)
1151.02 PERMITTED USES.
(a) Any use specified as a permitted use in Section 1147.02(a) through (d), but not including uses with drive-through facilities.
(b) Hotels and Bed-and-Breakfast Establishments.
(c) Community facilities such as governmental offices, post office, libraries, museums, private schools, public parks and similar uses.
(d) Churches and places of public assembly.
(e) Off-street parking areas.
(f) Residence, so long as such units are not street-level units. Any current existing street level residences shall continue to be permitted as pre-existing.
(Ord. 96-14. Passed 11-10-14.)
1151.03 CONDITIONAL USES.
(a) Two or more family residences, provided the development standards of the RM-1 District are met, and a Site Plan, pursuant to the requirements of Section 1131.02(g) is submitted by the applicant. Such Site Plan shall include an explanation of how the specific residential use(s) will be developed so as to be consistent with the purposes of the Downtown Enterprise District. Such Site Plan shall be approved by the Planning Commission. Such residential uses may be allowed as an accessory use to a permitted use in an existing building, provided such uses are limited to the upper stories of those buildings and specific approval is obtained from the Planning Commission.
(b) One-family detached dwellings.
(c) Uses with drive-through facilities, provided a Site Plan is prepared and approved by the Planning Commission pursuant to the requirements of Section 1131.02(g).
(d) Outside dining areas associated with restaurants or eating establishments, provided such areas are located more than 200 feet from any existing single-family residence or R-District, and that a Site Plan prepared pursuant to Section 1131.02(g), including a specific operations and management plan for the facility, is submitted to and approved by the Planning Commission.
(e) Processing, assembly and/or packaging of products or materials, provided such operations are carried out totally within the building , such operations do not produce levels of noise or odors perceptible outside the building, and such use promotes the purposes of the DE District as stated in Section 1151.01.
(f) Single buildings containing not more than three (3) separate permitted or conditional uses.
(g) Similar Uses, which conform to the purpose of the DE District, as determined by the Planning Commission in accordance with the provisions of Section 1131.02(e).
(h) Residences exceeding sixteen (16) units, as determined by the Planning Commission to be consistent with the intent of the Zoning Regulations.
(Ord. 96-14. Passed 11-10-14.)
1151.04 DEVELOPMENT STANDARDS.
(a) Lot Area. No minimum lot area is required.
(b) Lot Width. No minimum lot width is required.
(c) Setbacks. The distance between any building or structure and the right-of-way line of any public street shall be not greater than that of the most proximate building on the same side of the street. No minimum side yard setback shall be required, unless the building or structure is located adjacent to an R District, in which case the setback shall be fifteen (15) feet.
(d) Maximum Building Size. Individual uses within the DE District shall have a ground floor area of not more than 5,000 square feet, unless the use is located in a building existing as of the effective date of this Ordinance, in which case such restriction shall not apply.
(e) Parking and Loading. Lots within the DE District having less than seventy percent (70%) lot coverage shall provide off-street parking pursuant to Section 1177.04. In such cases, uses shall be required to provide only fifteen percent (15%) of the number of parking spaces required in Section 1177.04, provided at least one (1) parking space is provided for each employee during any one business shift. In all cases, if residential uses are allowed, not less than one (1) off-street parking space per dwelling unit shall be provided.
(f) Manufactured/Modular Buildings. The use of manufactured and/or modular buildings for business purposes shall be prohibited.
(g) Property Maintenance. No owner of a property or structure in the DE District shall fail to provide sufficient and reasonable care, maintenance and upkeep to such property or structure. For the purposes of this Section, maintenance and upkeep shall include keeping exterior surfaces free from debris, garbage, noxious weeds, or free from hazardous objects or conditions such as holes, broken concrete, broken glass, loose walls, roofing materials and dead or dying trees or vegetation.
(h) Screening. If side or rear yards are adjacent to property in the R-1, R-2 or R-3 Districts, the screening of such yards shall be required. Such landscaping shall consist of walls, fences, mounding, natural vegetation or a combination of these elements.
(Ord. 27-11. Passed 3-14-11.)
1151.05 OTHER REQUIREMENTS.
1153.01 PURPOSE.
The RC District is established to provide for large scale and high intensity commercial and quasi-industrial development serving a regional market and located along arterial thoroughfares (e.g., North Bridge Street) along with businesses directly serving such regional projects. Such projects are characterized by a mixture of large scale commercial uses, increased needs for accessibility and visibility, and large volumes of traffic. Specific requirements related to external and/or on-site traffic circulation and management are integral to the efficient and effective operation of uses in the RC District.
(Ord. 27-11. Passed 3-14-11.)
1153.02 PERMITTED USES.
(b) Personal services, consisting of firms providing personal services or entertainment to the general public, including restaurants, banks and/or savings and loans, credit unions, hotels or motels, medical and related offices, and similar establishments.
(c) Multiple permitted businesses in an integrated physical setting such as a shopping center or office building.
(d) Large-scale businesses. Examples include: supermarkets, department stores, general merchandise stores, warehouse clubs, sporting goods stores, apparel stores, home improvement stores, electronic stores, and variety stores.
(e) Motor vehicle fuel stations with or without convenience stores but with no motor vehicle service.
(f) Motor vehicle service establishments limited to minor repair such as tire, battery and lube businesses.
(g) Retail stores featuring outdoor display and storage provided that such store(s) are part of a shopping center and that such display and storage area is incidental to the primary business.
(h) Hotels and motels.
(i) Facilities for the storage of personal or corporate property offered on a rental basis.
(Ord. 27-11. Passed 3-14-11.)
1153.03 CONDITIONAL USES.
(a) Retail stores featuring outdoor display and storage, which are not part of a shopping center or where such display and storage are not incidental to the primary business.
(b) Motor vehicle sales and major service establishments (such as engine, transmission, body work, etc.), provided that any inoperable, unlicensed or unused vehicles stored or parked outside the principal buildings shall be subject to the requirements of Section 1153.04(j), if adjacent property is not located in the RC District.
(c) Wholesale establishments, warehousing, manufacturing retail outlets, distribution and related uses, including truck and transfer terminals.
(d) Multiple family residences, subject to the requirements of the RM-2 District.
(f) Similar uses, as determined by the Planning Commission, in accordance with the provisions by Section 1131.02(e).
(Ord. 27-11. Passed 3-14-11.)
1153.04 DEVELOPMENT STANDARDS.
(a) Site Plan. A Site Plan, pursuant to the standards of Section 1131.02(g), shall be required for all permitted and conditional uses within the RC District. Such Site Plan shall be approved by the Zoning Inspector prior to issuance of a zoning certificate and may be subject to approval by the Planning Commission. The Site Plan shall clearly show the location, size and type of structures and signage on the site, any proposed outside storage areas and landscaping, as well as how parking and traffic circulation will be managed.
In addition, the Site Plan shall clearly show how the configuration of parking and vehicular circulation areas will promote connectivity with similar areas on adjacent properties, thereby allowing circulation of traffic between the uses to occur without direct entry or egress onto the arterial roadway.
(b) Minimum Lot Area. No minimum lot area is required; however, lot area shall be adequate to provide for the required parking, setbacks and yard areas.
(c) Minimum Lot Width. All lots shall have frontage on an arterial highway as defined in Chapter 1105 or frontage roadway except that lots without such frontage shall be permitted if the lots are part of a larger commercial or office development if such development has such frontage elsewhere in the development. All lots shall have either direct access onto such public road, or shall have indirect access on to such road if the lot is part of a larger development and the larger development has direct access onto such road. Lot width shall be adequate to accommodate all required parking areas, yards and vehicle circulation lanes.
(d) Minimum Front Yard Setback. Eighty (80) feet from the right-of-way of any arterial highway and thirty (30) feet from any marginal access and/or frontage roadways, for buildings. Twenty-five (25) feet from the right-of-way of any arterial highway and fifteen (15) feet from any marginal access and/or frontage roadway, for pavement. Driveways are permitted within any yard setback area if they connect to a public road or adjacent parcels.
(e) Minimum Side Yard. Twenty-five (25) feet for buildings, ten (10) feet for paved areas.
(f) Minimum Rear Yard. Forty (40) feet for buildings, ten (10) feet for paved areas.
(g) Provisions for Access Roadways. Not withstanding the provisions of subsections (d) through (f) above, all new structures within the RC District shall be located so as to provide adequate yard and/or setback space to accommodate marginal access or frontage roadways as designated on the City Thoroughfare Plan. Compliance with this requirement shall be subject to review by the City Engineer.
(h) Height of Structures. Sixty (60) feet.
(i) Parking and Loading. Parking and loading spaces shall be provided as required in Chapter 1177. All parking areas shall be graded and drained so as to dispose of surface water which might accumulate within or upon such area, and shall be designed to prevent the excessive drainage of surface water onto adjacent properties or public roadways. The developer of the project shall demonstrate that adequate provisions have been made to direct storm water runoff to a suitable and adequate storm water drainage system as approved by the City Engineer, pursuant to the Storm Water Management and Sediment Control Regulations, as cited in Chapter 916 of the Codified Ordinances.
(j) Exterior Storage. Exterior Storage includes the outdoor storage of raw or finished goods (packaged or bulk) including building materials, packing materials, salvage goods, machinery, equipment, damaged vehicles, etc. Exterior storage shall be permitted in the RC District if an acceptable plan for screening such storage is submitted to and approved by the Planning Commission. (Ord. 27-11. Passed 3-14-11.)
1153.05 OTHER REQUIREMENTS.
1155.01 PURPOSE.
The GI District is established to provide for the continuance of existing industrial activity and to encourage private reinvestment and revitalization of industrial sites within the older portions of the City of Chillicothe, while maintaining adequate development standards.
It is recognized that property within the GI District is likely to be located in older areas of the City that are characterized by mixed land use and higher densities. It is the intent of this Ordinance, and this District in particular, to protect and preserve the basic property rights of such existing industrial uses, while promoting the compatibility of such uses with adjacent neighborhoods.
(Ord. 27-11. Passed 3-14-11.)
(Ord. 27-11. Passed 3-14-11.)
1155.02 PERMITTED USES.
(a) Public facilities consisting of buildings or structures housing essential services.
(b) Manufacturing, compounding, processing, assembling, packaging, or treatment of goods, materials, and products, consistent with the purpose of the GI District.
(c) Warehousing, wholesale establishments, manufacturing retail outlets, distribution and related uses, including truck and transfer terminals.
(d) Industrial product sales or service, consisting of firms engaged in the sale, rent or lease of products intended for industrial or commercial users, or the repair and/or servicing of industrial or commercial machinery, equipment or products.
(e) Firms servicing automobiles, trucks or other vehicles.
(f) Administrative, professional and business offices associated with and incidental to another permitted use.
(g) Similar uses, as determined by the Planning Commission in accordance with the provisions of Section 1131.02(e), and the purposes of the GI District.
(Ord. 27-11. Passed 3-14-11.)
1155.03 CONDITIONAL USES.
(a) Storage and salvage yards and recycling facilities, subject to the screening requirements of this chapter and the approval of a Site Plan by the Planning Commission.
(Ord. 27-11. Passed 3-14-11.)
1155.04 MINIMUM DEVELOPMENT STANDARDS.
(a) Site Plan. A Site Plan shall be required for any proposed permitted or conditional use that is located adjacent or within 200 feet from any property that is zoned in any R District.
(b) Minimum Lot Area. No minimum lot size is required; however sufficient area shall be provided to meet the requirements of subsections (c) through (f) hereof.
(c) Minimum Lot Width. No minimum lot width is required; however, all lots shall abut a publicly dedicated and improved street and shall have adequate width to provide for yard spaces and parking areas.
(d) Side Yards. When the lot abuts a residential zoning district, the required side yard shall be not less than twenty-five (25) feet. When the lot abuts a non-residential zoning district, the required side yard shall be not less than ten (10) feet for structures and paved areas.
(e) Front Yard Depth. Front yard depth shall be equal to or more than the average of the three (3) nearest structures on the same side of the street. In those cases where there are no structures on those properties adjacent to the subject property, the front yard depth shall be not less than twenty (20) feet from the right-of-way line of the street on which the property has frontage.
(f) Minimum Rear Yard Depth. Minimum rear yard depth shall be at least twenty-five (25) feet.
(g) Height. No structure shall exceed a height of fifty (50) feet.
(h) Parking and Loading. Parking and loading spaces shall be provided as required in Chapter 1177. All parking areas shall be graded and drained so as to dispose of surface water which might accumulate within or upon such area, and shall be designed to prevent the excessive drainage of surface water onto adjacent properties or public roadways. The developer of the project shall demonstrate that adequate provisions have been made to direct storm runoff to a suitable and adequate storm water drainage system as approved by the City Engineer, pursuant to the Storm Water Management and Sediment Control Regulations, as cited in Chapter 916 of the Codified Ordinances. (Ord. 27-11. Passed 3-14-11.)
1155.05 PERFORMANCE STANDARDS.
Permitted uses within the GI District shall comply with the following standards:
(a) Fire and Explosion Standards. All activities, including storage, involving flammable or explosive material shall comply with regulations as enforced by the Ohio State Fire Marshal and/or the City of Chillicothe. All standards enforced by the Occupational Safety and Health Administration shall be adhered to. Burning of waste materials in open fire is prohibited, as enforced by the Ohio Environmental Protection Agency (OEPA).
(b) Air Emissions. No emission of air pollutants shall be permitted which violates the Clean Air Act as enforced by the OEPA.
(c) Glare, Heat and Light. Any operation producing intense light or heat, such as high temperature processes like combustion, welding, or otherwise, shall be performed within an enclosure and not be visible beyond the lot line bounding the property whereon the use is conducted.
(d) Liquid or Solid Waste Emission. No discharge at any point into any public sewer, private sewage disposal system, or stream, or onto the ground, of any materials of such nature or temperature as may contaminate any water supply or interfere with bacterial processes in sewage treatment, shall be permitted. The standards of the OEPA shall apply.
(e) Vibration and Noise. No uses shall be located and no equipment shall be installed in such a manner as to produce intense, earth shaking vibration which is discernable without instruments at or beyond the property line of the subject premises.
(f) Odors. Any applicable standards of the Ohio Department of Health, OEPA and/or other applicable agencies shall be adhered to.
(g) Open Storage and Display of Material and Equipment. The open storage and display of material and equipment incidental to permitted uses shall be permitted, provided the area used for open storage shall be effectively screened from all adjoining properties in any residential district by means of walls, fences or plantings. Walls or fences shall be a minimum of six (6) feet in height without advertising thereon. In lieu of such wall or fence, a strip of land not less than ten (10) feet in width, planted and maintained with an evergreen hedge or dense planting of evergreen shrubs not less than four (4) feet in height at the time of planting may be substituted.
(Ord. 27-11. Passed 3-14-11.)
1155.06 OTHER REQUIREMENTS.
1157.01 PURPOSE.
The purpose of the Industrial Park (IP) District is to provide suitable areas for the development and expansion of a broad range of industrial and related activities, particularly on the periphery of the City, while protecting the character of nearby residential and commercial areas. Permitted uses within the IP District must operate:
(a) Primarily within enclosed structures, and
(c) With minimal adverse environmental impact on adjacent properties, and
(d) Free from noise, odor, dust, smoke, light, glare or vibration at levels in excess of the average level on adjacent streets and properties, and
(e) Without imposing unusual burdens upon utility or governmental services.
(Ord. 27-11. Passed 3-14-11.)
1157.02 PERMITTED USES.
(a) General office activities, consisting of facilities where activities are conducted in an office setting and generally focus on business services.
(b) Personal services, consisting of firms providing personal services or entertainment to the general public, including restaurants, banks and/or savings and loans, credit unions, hotels or motels, medical and related offices, and similar establishments.
(c) Manufacturing, compounding, processing, assembling, packaging, or treatment of goods, materials, and products.
(d) Warehousing and distribution, consisting of firms involved with the storage and/or movement of goods.
(e) Industrial product sales or service, consisting of firms engaged in the sale, rent or lease of products intended for industrial or commercial users, or the repair and/or servicing of industrial or commercial machinery, equipment or products.
(f) Educational and business-related institutions, such as colleges and/or technical or trade schools.
(Ord. 27-11. Passed 3-14-11.)
(Ord. 27-11. Passed 3-14-11.)
1157.03 CONDITIONAL USES.
Conditional uses may be appropriate within the IP District, but require more detailed evaluation with respect to location, design, size, method and hours of operation, intensity of use, traffic generation and potential impact on surrounding uses. It is the responsibility of the Planning Commission to perform this evaluation, based on review of a required Site Plan pursuant to Section 1131.02(g), and to attach such necessary and appropriate conditions and/or safeguards. Conditional uses within the IP District shall consist of the following:
(a) Retail sales and service, consisting of firms involved with the sale, lease or rent of products or goods to the general public and/or providing on-site product repair or services for such goods.
(b) Vehicle sales and/or service, consisting of firms servicing automobiles, trucks and other commercial and/or consumer vehicles, including motorcycles, boats and/or recreational vehicles.
(c) Contractor equipment and storage yards, provided a Site Plan, including adequate fencing and screening devices, is approved by the Planning Commission.
(d) Similar business uses meeting the objectives and standards of the Industrial Park District, as determined by the Planning Commission.
(Ord. 27-11. Passed 3-14-11.)
1157.04 MINIMUM DEVELOPMENT STANDARDS.
(a) Minimum Lot Area. Five (5) acres, provided adequate space is allowed for building and parking setbacks, circulation and landscaping. In addition, all principal and subordinate uses and structures, including parking and paved areas, shall be located not less than 200 feet from any district where residences are a permitted use, and not less than fifty (50) feet from any other zoning district.
(b) Minimum Lot Width. No minimum lot width is required; however, all lots shall abut a publicly dedicated and improved street and shall have adequate width to provide for yard spaces and parking areas.
(c) Side Yards. When abutting a non-residential zoning district, fifty (50) feet for structures, twenty-five (25) feet for paved areas: When abutting a residential zoning district, 150 feet for structures, fifty (50) feet for paved areas, subject to the requirements of subsection (a) hereof.
(d) Front Yard Depth. Any new structure or parking area must be located not less than seventy (70) feet from the right-of-way of the road or highway on which the use has frontage.
(e) Minimum Rear Yard Depth. Minimum rear yard depth shall be required so as to meet the spacing requirements of subsection (a) hereof.
(f) Maximum Lot Coverage. Forty percent (40%) of lot area.
(g) Height. No building shall exceed a height of fifty (50) feet.
(h) Parking and Loading. Parking and loading requirements shall be as specified in Chapter 1177. All parking areas shall be graded and drained so as to dispose of surface water which might accumulate within or upon such area, and shall be designed to prevent the excessive drainage of surface water onto adjacent properties or public roadways. The developer of the project shall demonstrate that adequate provisions have been made to direct storm water runoff to a suitable and adequate storm water drainage system as approved by the City Engineer pursuant to the Storm Water Management and Sediment Control Regulations, as cited in Chapter 916 of the Codified Ordinances.
(i) Fencing and Screening. Any area used for open storage related to a permitted or conditional use shall be effectively fenced from all adjoining properties. Walls or fences shall be a minimum of six (6) feet in height without advertising thereon, and shall contain gates, locks and/or other appurtenances so as to prevent illegitimate access. In addition, if side or rear yards are adjacent to property in any R District, the screening of such yards, using fencing or landscaping shall be required. Such landscaping shall consist of walls, fences, mounds, natural vegetation or a combination of these elements, as approved by the Planning Commission.
(Ord. 27-11. Passed 3-14-11.)
1157.05 OTHER REQUIREMENTS.
1159.01 FINDINGS OF FACT.
Within the older neighborhoods of Chillicothe, there are numerous older underutilized or vacant industrial structures that are located in close proximity to existing residences and/or smaller commercial uses. Although the reuse of these older structures is in the public interest, it is unlikely that many contemporary industrial uses can be attracted to these locations. Moreover, many traditional industrial uses may impose adverse impacts on nearby residential areas. In addition, these sites may contain environmental conditions that may limit future use potential.
(Ord. 27-11. Passed 3-14-11.)
1159.02 PURPOSE.
The purpose of the Industrial Reuse (IR) District is to promote the productive reuse of these older structures for an expanded range of industrial, quasi-industrial and non-industrial facilities, while minimizing the impacts of such uses on nearby residential areas.
(Ord. 27-11. Passed 3-14-11.)
1159.03 PERMITTED USES.
(a) General office activities, consisting of facilities where activities are conducted in an office setting and generally focus on business services.
(b) Personal services, consisting of firms providing personal services or entertainment to the general public, including restaurants, banks and/or savings and loans, credit unions, hotels or motels, medical and related offices, and similar establishments.
(c) Manufacturing, compounding, processing, assembly and/or packaging of products or materials, provided such operations are carried out totally within the building.
(d) Warehousing and distribution, consisting of firms involved with the storage and/or movement of goods.
(e) Industrial product sales or service, consisting of firms engaged in the sale, rent or lease of products intended for industrial or commercial users, or the repair and/or servicing of industrial or commercial machinery, equipment or products.
(f) Retail sales and service, consisting of firms involved with the sale, lease or rent of products or goods to the general public and/or providing on-site product repair or services for such goods.
(g) Vehicle sales and/or service, consisting of firms servicing automobiles, trucks and other commercial and/or consumer vehicles, including motorcycles, boats and/or recreational vehicles.
(h) Single buildings containing not more than three (3) separate permitted uses.
(Ord. 27-11. Passed 3-14-11.)
1159.04 CONDITIONAL USES.
Conditional uses may be appropriate within the IR District, but require more detailed evaluation with respect to location, design, size, method and hours of operation, intensity of use, traffic generation and potential impact on surrounding uses. It is the responsibility of the Planning Commission to perform this evaluation, based on analysis of the required Site Plan and to attach such necessary and appropriate conditions and/or safeguards. Conditional uses within the IR District shall consist of the following:
(a) Two or more family residences, provided the development standards of the RM District are met.
(b) Contractor equipment and storage yards, provided adequate fencing and screening devices are installed.
(Ord. 27-11. Passed 3-14-11.)
1159.05 DEVELOPMENT STANDARDS.
(a) Site Plan Required. A Site Plan, pursuant to the requirements of Section 1131.02(g), shall be required for all permitted and conditional uses in the IR District. The Site Plan shall generally identify any environmental hazards on the site and propose a strategy for addressing them. In addition, the Site Plan shall clearly show methods that will be employed to address any potential adverse impacts the operation of the proposed use may impose on adjacent and proximate existing residential areas.
(b) Lot Area. No minimum lot area is required.
(c) Lot Width. No minimum lot width is required.
(d) Setbacks. The distance between any building or structure and the right-of-way line of any public street shall be not greater than that of the most proximate building on the same side of the street. No minimum side yard setback shall be required, unless the building or structure is located adjacent to an R District, in which case the setback shall be fifteen (15) feet.
(e) Property Maintenance. No owner of a property or structure in the IR District shall fail to provide sufficient and reasonable care, maintenance and upkeep to such property or structure. For the purposes of this Section, maintenance and upkeep shall include keeping exterior surfaces free from debris, garbage, noxious weeds, or free from hazardous objects or conditions such as holes, broken concrete, broken glass, and dead or dying trees or vegetation.
(f) Parking and Loading. Parking and loading spaces shall be provided as required in Chapter 1177. All parking areas shall be graded and drained so as to dispose of surface water which might accumulate within or upon such area, and shall be designed to prevent the excessive drainage of surface water onto adjacent properties or public roadways. The developer of the project shall demonstrate that adequate provisions have been made to direct storm water runoff to a suitable and adequate storm water drainage system as approved by the City Engineer, pursuant to the Storm Water Management and Sediment Control Regulations, as cited in Chapter 916 of the Codified Ordinances.
(g) Open Storage of Material and Equipment. The open storage and display of material and equipment incidental to permitted uses shall be permitted on portions of the property that are concealed from view of adjacent residences. Any open storage area on other portions of the property shall be subject to approval by the Planning Commission and screened from all adjoining properties by means of walls, fences or plantings. Walls or fences shall be a minimum of six (6) feet in height without advertising thereon. In lieu of such wall or fence, a strip of land not less than ten (10) feet in width, planted and maintained with an evergreen hedge or dense planting of evergreen shrubs not less than four (4) feet in height at the time of planting may be substituted.
(Ord. 27-11. Passed 3-14-11.)
1159.06 OTHER REQUIREMENTS.
1161.01 PURPOSE.
"Special use", as used throughout this Ordinance, means facilities classified as permitted and accessory uses listed in Section 1161.02. The SU District and regulations are established in order to achieve the following purposes:
(a) To regulate the location and standards for development of such facilities so as to ensure their proper functioning in consideration of traffic, access, and general compatibility.
(b) To protect listed facilities and uses from the encroachment of particular incompatible uses and to promote their compatibility with adjoining residential uses. (Ord. 27-11. Passed 3-14-11.)
1161.02 PERMITTED USES.
Buildings and land within the SU District shall be utilized only for the uses set forth in the following schedule:
MAIN BUILDINGS / USES | ACCESSORY BUILDINGS / USES |
Public Facilities: Buildings or areas for administrative and/or assembly functions including public buildings, memorials and monuments and/or parks and open space uses. | Maintenance facilities, bulletin boards and signs as hereinafter regulated. |
Educational: Primary, secondary and/or post secondary public, private or parochial schools and institutions. | Parking areas, playgrounds, signs. |
Health Care: General and specialized hospital and clinics, including nursing homes and other institutions for care of children or senior citizens. | Parking areas, signs. |
Senior Housing: Retirement centers, Extended care facilities. | Parking areas, signs. |
Public Assembly: Churches with more than 300 seats in the main sanctuary and similar places of public assembly | Maintenance facilities and parking areas, signs. |
Correctional Facilities: Prisons and similar institutional facilities | Parking areas, signs and customary accessory structures |
Infrastructure: Buildings housing equipment and offices related to the provision of essential services, but no including actual lines and smaller structures such as pump stations. | Parking areas, signs. |
Communication: Cellular telephone towers; commercial radio and television antennas and towers. | Maintenance facilities |
Cemeteries: | Signs, maintenance facilities, mausoleums |
(Ord. 27-11. Passed 3-14-11.)
1161.03 DEVELOPMENT STANDARDS.
Unless otherwise specified, any use or structure in the Special Use District shall meet all applicable requirements of Chapters 1171 through 1181 of this Zoning Code. The area or parcel of land for a special use shall not be less than that required to adequately provide for the main building, accessory buildings and uses, off-street parking, set backs, yards and open spaces to accommodate the facility and maintain the character of the neighborhood. The suitability of the area or parcel of land for a permitted special use and the yards and setbacks shall be subject to specific approval by the Planning Commission and City Council through review of the Development Plan, pursuant to Section 1161.05 and 1161.06.
(Ord. 27-11. Passed 3-14-11.)
1161.04 DEVELOPMENT PLAN REQUIRED.
In addition to the material required for the application for a zoning amendment, as specified in Chapter 1117, a Development Plan shall be submitted for land proposed to be zoned into the SU District. Such Development Plan shall include all the information and material required for a Site Plan pursuant to Section 1131.02(g), and shall also contain a detailed development standards text, explaining how the configuration of the use on the specific site will ensure compatibility with adjacent and proximate properties and the measures that the applicant will take to alleviate any potential adverse impacts.
(Ord. 27-11. Passed 3-14-11.)
1161.05 ACTION BY PLANNING COMMISSION AND CITY COUNCIL.
In approving the redistricting of land into the SU District, the Planning Commission and City Council may specify appropriate conditions and safeguards applying to the specific proposed facility. (Ord. 27-11. Passed 3-14-11.)
1161.06 COMPLIANCE WITH DEVELOPMENT PLAN.
The construction of all buildings and the development of the site as redistricted into the SU District shall be in conformity and compliance with the Development Plan, as approved by the Planning Commission and City Council. Any subsequent substitution of uses or significant change in development of the property from that shown on the Development Plan shall not be permitted as a matter of right, but shall require specific approval of the Planning Commission.
(Ord. 27-11. Passed 3-14-11.)
1163.01 PURPOSE.
The purpose of these regulations is to provide for planned unit development (PUD) within the City of Chillicothe, in order to achieve:
(a) A greater choice of living environments by allowing a variety of housing and building types and densities within a single development.
(b) A more useful pattern of open space and recreation areas and, if permitted as part of the project, more efficiency in the location of accessory commercial uses and services.
(c) A development pattern which preserves and utilizes natural topography and geologic features, scenic vistas, trees and other vegetation and prevents the disruption of natural drainage patterns.
(d) A more efficient use of land resulting in substantial savings through shorter utilities and streets.
(e) A development pattern in harmony with land use, density, transportation, and community facilities objectives of the City.
The Planned Unit Development process shall be treated as a zoning amendment.
(Ord. 27-11. Passed 3-14-11.)
1163.02 DEFINITION.
"Planned Unit Development", or "PUD", shall mean an area of land in which a variety of housing types and/or subordinate commercial facilities are accommodated in a planned environment under more flexible standards, such as lot sizes and setbacks, than those restrictions that would normally apply under these regulations. The approval of such development contains requirements in addition to those of the standard zoning districts, such as building design principles, and landscaping plans.
(Ord. 27-11. Passed 3-14-11.)
1163.03 PERMITTED AND CONDITIONAL USES.
Permitted uses within the R, LC and IP Districts may be combined in the PUD District, provided that the proposed locations of non-residential uses are specified in the preliminary and final development plans, are compatible with the design of the overall tract and will not adversely impact adjacent property.
The amount of land devoted to non-residential uses in a planned unit development combining residential and non-residential components shall require approval by the Planning Commission. (Ord. 27-11. Passed 3-14-11.)
1163.04 PROJECT AREA.
The gross area of a tract of land proposed to be developed in a single PUD District shall be a minimum of ten (10) acres. This requirement may be waived by the Planning Commission if all property abutting the subject tract is platted and/or developed.
(Ord. 27-11. Passed 3-14-11.)
1163.05 COMMON OPEN SPACE.
A minimum of twenty percent (20%) of the gross land area developed in any planned unit development project shall be reserved for common open space and/or recreational facilities. Such common open space shall be:
(a) Dedicated to a homeowner's association who shall have title to the land which shall be retained as common open space. The legal articles relating to the organization of the homeowner's association shall be subject to review and approval by the Planning Commission and shall provide adequate provisions for the perpetual care and maintenance of all such common areas; or,
(b) Dedicated to the City for parks, open space, or the site of schools or other related public facilities. All land so dedicated to the City shall be subject to the review and approval of the Planning Commission and acceptance by City Council; or,
(c) Some combination of subsections (a) and (b) hereof.
Public utility and similar easements and rights-of-way for watercourses or other similar channels are not acceptable for common open space dedication unless such land or right-of-way is usable as a bikeway, trail or similar facility and has been approved by the Planning Commission. (Ord. 27-11. Passed 3-14-11.)
1163.06 UTILITIES.
All electrical, telephone, cable television, and similar utility transmission and distribution lines shall be located underground.
(Ord. 27-11. Passed 3-14-11.)
1163.07 ARRANGEMENT OF NON-RESIDENTIAL USES AND PARKING.
Parking areas within the PUD shall be in general compliance with the requirements of Chapter 1177, as determined by the Planning Commission. When development in the PUD District includes non-residential uses, buildings shall be located so as to have common parking areas and common ingress and egress points, in order to reduce traffic congestion and mitigate potential conflict points. Planting screens or fences shall be provided on the perimeter of such areas where they are adjacent to properties zoned for single family residential use. Parking areas shall be designed so as to discourage single, large, unbroken paved lots, and shall encourage smaller defined parking areas within the total parking system. Such defined parking areas should be delineated and accented by landscaped areas. Service, delivery, and loading areas shall be, to the maximum possible extent, located to the rear of structures, and screened from view by landscaping.
The plan of projects developed in the PUD District shall provide for the integrated and harmonious design of buildings, and for adequate and properly arranged facilities for internal traffic circulation, landscaping, and such other features and facilities as may be necessary to make the project attractive and efficient from the standpoint of the adjoining and surrounding areas.
(Ord. 27-11. Passed 3-14-11.)
1163.08 RESIDENTIAL DENSITY.
The City of Chillicothe is prepared to accept a higher density in particular undeveloped areas than that reflected by current zoning, provided the developer can utilize planned unit development techniques to demonstrate that any increment of public cost clearly attributable to increased densities will be compensated for by the private amenities and public benefits to be achieved by the plan of development.
The overall maximum density of the residential portions of the entire planned unit development shall be consistent with the most previous zoning classification in which the tract was located. The calculation of such density shall be based on the number of proposed dwelling units divided by the area of the site designated for residential use, excluding streets, rights-of-way and parking areas.
Notwithstanding the above, individual portions of the planned unit development may be developed at a higher residential density, provided the overall density meets the requirements above. In such cases, the resulting undeveloped land may be utilized as common open space.
(Ord. 27-11. Passed 3-14-11.)
1163.09 PRIVATE ROADS.
Private roads or streets as a common easement may be used in the PUD District to provide internal circulation to clustered lots and/or individual residential structures in residential planned unit developments in accordance with the following requirements:
(a) The easement shall not be counted as required open space.
(b) The road or street is approved as part of the subdivision plat as the most appropriate form of access to lots and/or structures.
(c) Private roads shall not be used to provide access to non-residential areas or as through streets.
(Ord. 27-11. Passed 3-14-11.)
1163.10 PROCEDURE FOR APPROVAL OF PUD DISTRICT.
1163.11 PRE-APPLICATION.
The developer is encouraged to meet with the Zoning Inspector, City Engineer and Planning Commission prior to the submission of the preliminary development plan. The purpose of this meeting is to discuss early and informally the purposes of this section and the criteria and standards contained herein, and to familiarize the developer with the planned unit development process, other provisions of this Code, and the drainage, sewer, and water systems within the City. (Ord. 27-11. Passed 3-14-11.)
1163.12 CONTENTS OF APPLICATION FOR PRELIMINARY DEVELOPMENT PLAN.
An application for preliminary planned unit development shall be filed with the Planning Commission by at least one (1) owner of the property for which the planned unit development is proposed. The preliminary plan must cover the entire contiguous ownership of the applicant unless the applicant specifically states in writing that he/she does not intend to develop the withheld portion of the tract for at least five (5) years. At a minimum, the application shall contain the following information and material:
(a) Name, address, and phone number of applicant.
(b) Legal description of property.
(c) Description of existing use.
(d) Present and proposed zoning district(s).
(e) A vicinity map at a suitable scale, showing property lines, streets, existing and proposed zoning for all property adjacent to and within 200 feet from the proposed site.
(f) A list of all property owners within 200 feet from the proposed site, and their address as appearing on the Ross County Auditor's current tax list.
(g) Proposed schedule for the development of the site.
(h) Evidence that the applicant has sufficient control over the land in question to effectuate the proposed development plan.
(i) A Preliminary Development Plan drawn to scale, prepared by a registered architect, registered engineer and/or registered landscape architect. Such plan shall contain the following information at a minimum:
(1) Selected uses by area or specific building location, allocation of land use by type as measured in acres, adjacent existing land use, right-of-way, and relationship to adjacent land use
(2) General location of thoroughfares, including type, as well as location and size measured in number of parking spaces for all off-street parking areas, including curb cuts.
(3) Open space and the intended uses therein and acreage provided.
(4) Residential land uses summarized by lot size, dwelling type and density.
(5) Existing and proposed roads, buildings, utilities, permanent facilities, easements, rights-of-way and abutting property boundaries.
(6) Physical features and natural conditions of the site including soils, the location of vegetation and existing tree lines.
(7) Surface drainage and areas subject to flooding.
(8) Preliminary plan for water, sewer, storm drainage and other utility systems, as well as a general analysis by a Professional Engineer attesting to the general engineering feasibility of the project, as proposed.
(Ord. 27-11. Passed 3-14-11.)
1163.13 REVIEW PROCEDURE.
Ten (10) copies of the completed application and Preliminary Development Plan shall be submitted to the Zoning Inspector at least sixteen (16) business days prior to the Planning Commission's next scheduled meeting. Failure to submit a complete application shall result in a refusal of acceptance. The Zoning Inspector shall transmit the complete application package to the Planning Commission and other parties as deemed appropriate for review and comment.
A public hearing shall be held by the Planning Commission not more than sixty (60) days from the date of acceptance of the application package. The notification requirements for such hearing shall be as set forth in Section 1117.07.
(Ord. 27-11. Passed 3-14-11.)
1163.14 ACTION BY PLANNING COMMISSION.
Within thirty-five (35) days after the public hearing held by the Planning Commission, the Commission shall make a recommendation to City Council.
(Ord. 27-11. Passed 3-14-11.)
1163.15 CRITERIA FOR RECOMMENDATIONS BY PLANNING COMMISSION.
Before making its recommendation as required in Section 1163.14, the Planning Commission shall determine whether the facts submitted with the application and presented at the public hearing establish that:
(a) Each individual part of the development, as well as the total development, can exist as an independent unit capable of creating an environment of sustained desirability and stability, and the uses proposed will not impose undue adverse impacts on adjacent uses, but will have a beneficial effect which could not be achieved under standard district regulations.
(b) The streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic, and increased densities will not generate volumes of traffic which would overload the street network outside the development.
(c) Any proposed commercial development can be justified at the proposed locations.
(d) Any exception from standard district requirements is warranted by the design and other amenities incorporated in the final development plan.
(e) The area surrounding said development can be planned and zoned in coordination and substantial compatibility with the proposed development.
(f) The existing and proposed public services are adequate for the population densities and uses proposed, and in conformance with any capital improvements programmed for the area.
In making its recommendation, the Planning Commission may seek the assistance and input of outside consultants and/or experts procured for that purpose. All costs associated with such input shall be paid by the applicant for the PUD zoning.
(Ord. 27-11. Passed 3-14-11.)
1163.16 ACTION BY CITY COUNCIL.
Upon receipt of the recommendation by the Commission, City Council shall review and take action on the application, following the procedures specified in Section 1117.07 of this Ordinance. Following approval by City Council, the subject property shall be considered as zoned PUD . The approval of that zoning shall be conditioned on development of the tract being in conformance with the Final Development Plan.
(Ord. 27-11. Passed 3-14-11.)
1163.17 FINAL DEVELOPMENT PLAN.
Not later than twelve (12) months from the approval of the Preliminary Development Plan, the developer shall submit ten (10) copies of the Final Development Plan to the Zoning Inspector. The Final Development Plan shall be in general conformance with the Preliminary Development Plan. Failure to submit a Final Development Plan within the specified time period shall render the approved Preliminary Development Plan and the rezoning of the property null and void and the land shall revert to the zoning district in which it was located prior to the amendment.
(Ord. 27-11. Passed 3-14-11.)
1163.18 CONTENTS OF APPLICATION FOR APPROVAL OF FINAL DEVELOPMENT PLAN.
An application for approval of the Final Development Plan shall be filed with the Zoning Inspector at least sixteen (16) working days prior to the Planning Commission's next scheduled meeting, by at least one (1) owner or lessee of property for which the planned unit development is proposed. Each application shall be signed by the owner attesting to the truth and exactness of all information supplied on the application for Final Development Plan. The Final Development Plan shall be prepared by a registered architect or engineer and, at a minimum, shall contain the following information and materials:
(a) A survey of the proposed development site, showing the dimensions and bearings of the property lines, areas in acres, topography, existing features of the development site, including major wooded areas, structures, streets, easements, utility lines, and land uses.
(b) All the information required in the Preliminary Development Plan, including the location and sizes of lots, location and proposed density of dwelling units, non-residential building intensity, and land use considered suitable for adjacent properties.
(c) A schedule for the development of units to be constructed in progression and a description of the design principles for buildings and streetscapes; tabulation of the number of acres on the proposed project for various uses, the number of housing units proposed by type; estimated residential population by type of housing; estimated nonresidential population, anticipated timing for each unit; and population density and public improvements proposed for each unit of the development whenever the applicant proposes an exception from standard zoning districts or other resolution governing development.
(d) Engineering feasibility studies and plans showing, as necessary, water, sewer, drainage, electricity, telephone, and natural gas installations; waste disposal facilities; street improvements, and, nature and extent of earth work required for traffic circulation and street improvements, and nature and extent of earth work required for site preparation and development.
(e) Site plan, showing building(s), various functional use areas, circulation and their relationship.
(f) Architectural renderings and accompanying narrative to discuss in detail the design treatment of all buildings and structures where applicable.
(g) Plans for landscaping and signage.
(h) Deed restrictions, protective covenants, and other legal statements or devices to be used to control the use, development and maintenance of land, and the improvements thereon, including those areas which are commonly owned and maintained. (Ord. 27-11. Passed 3-14-11.)
1163.19 ACTION BY THE PLANNING COMMISSION.
Within sixty (60) days from submittal of the items specified for approval of the Final Development Plan, or such other time as has been agreed to by the owner or developer, the Planning Commission shall approve, deny or approve with conditions, the Final Development Plan. Approval shall mean that it finds that said plan is in conformance with the approved Preliminary Development Plan, and that no significant constraints exist to construction of the project as proposed.
The Commission may grant conditional approval to a Final Development Plan. Such conditional approval requires the applicant to alter the Plan or any part of it, within a specified period after the end of the thirty (30) calendar days, as a condition for final approval. Once all conditions have been met within the specified period, the Commission shall cause its final approval to be endorsed on the Plan.
(Ord. 27-11. Passed 3-14-11.)
1163.20 EXPIRATION AND EXTENSION OF APPROVAL PERIOD.
The approval of the Final Development Plan shall be for a period of not to exceed two (2) years. If no construction has begun within two (2) years after approval is granted, the approved Development Plan shall be null and void, and the land shall revert to the zoning district in which it was located prior to the amendment. An extension of this time limit, for a specific period, may be approved if the Planning Commission finds that such extension is necessitated by conditions beyond the control of the applicant.
(Ord. 27-11. Passed 3-14-11.)
1163.21 PLATTING.
The creation of new parcels under any planned unit development shall be subject to the subdivision requirements of this Ordinance. To reduce the length of the review and approval process, a preliminary subdivision plat can be submitted simultaneously with the Development Plan for rezoning to the PUD District. A final subdivision plat cannot be submitted for review until an amendment to the Zoning Ordinance has been approved by City Council and such amendment has become effective.
(Ord. 27-11. Passed 3-14-11.)
1165.01 PURPOSE.
It is the intent of the Flood Plain Overlay District to manage the use of flood plains for activities which could be detrimental to health and welfare for citizens of the City. The FP District is an overlay zoning district. This means that the underlying district standards and requirements shall apply in addition to the Flood Plain Overlay District (FP) regulations and requirements. (Ord. 27-11. Passed 3-14-11.)
1165.02 LANDS SUBJECT TO FLOODING.
For the purposes of this Ordinance, "land subject to flooding" means those lands adjacent to a watercourse subject to flooding as have been identified by the Federal Emergency Management Agency (FEMA) in scientific and engineering reports and referenced in Chapter 1329 of the Codified Ordinances of the City of Chillicothe, as may be subsequently amended.
(Ord. 27-11. Passed 3-14-11.)
1165.03 PERMITTED USES.
The only uses permitted in the FP District are those which are permitted in the underlying zoning district, and which meet the requirements of Chapter 1329 of the Codified Ordinances of the City of Chillicothe, as cited above.
(Ord. 27-11. Passed 3-14-11.)
1165.04 DEVELOPMENT STANDARDS.
The standards for development within the FP District shall be as specified in the underlying zoning district, and in Chapter 1329 of the Codified Ordinances of the City of Chillicothe, as cited above. (Ord. 27-11. Passed 3-14-11.)
1167.01 PURPOSE.
The City of Chillicothe downtown contains areas with unique and valuable historic, architectural and/or cultural structures. The preservation of these structures is directly linked to the cultural, social, and economic well-being of the community, and is best achieved by creating synergies with business and property owners in the District. The purposes of this chapter are:
(a) To protect, preserve, and rehabilitate these structures and prevent intrusions and alterations within the established districts which would be incompatible with their established character, and
(b) To encourage infill development and property improvement that respects the context of the existing built environment and reduce conflicts between new construction and existing development, and
(c) To stabilize and enhance property values and economic value of identified structures, and
(d) To promote economically viable reuse of historic structures within Chillicothe's historic downtown core, and
(e) To promote and enhance the economic and physical vitality of downtown Chillicothe.
The standards of this chapter must be met in addition to the established requirements and standards of the underlying zoning district and/or other lawfully adopted regulations. The Ohio Building Code shall prevail in the event of conflicting language or provisions within this chapter.
(Ord. 23-12. Passed 3-26-12.)
1167.02 DEFINITIONS.
As used in this chapter, the following words shall be defined as follows:
(a) "Alteration" means any action to change, modify, reconstruct, remove or demolish any exterior features of an existing structure or site within the Historic Design Review District. For the purpose of this item, ordinary maintenance to correct any deterioration, decay or damage to a structure or premises and to restore the structure as nearly as practicable, is excluded from the definition of "alteration", provided such work does not involve a change in color or type of building materials, except windows which may be replaced with newer materials available, so long as the street view of the window size and design is unchanged.
(b) “Applicant" means any person, persons, association, organization, partnership, unit of government, public body or corporation who applies for a Certificate of Appropriateness in order to undertake an environmental change within the District.
(c) “Architectural Character" means the architectural style, general design, and general arrangement of the exterior of a building or other structure including the type and texture of the light fixtures, signs and other appurtenant fixtures. In the case of an outdoor advertising sign, “exterior features" means the style, material, size and location of the sign.
(d) "Certificate of Appropriateness" means a certificate authorizing any environmental change within an established Historic Design Review District.
(e) "Concept Review" means that process of allowing a person to meet with the Design Review Board to receive nonbinding feedback on a proposed alteration prior to submitting a formal application for a certificate of appropriateness.
(f) "Design Review Board" means the Design Review Board of the City of Chillicothe.
(g) “District" means a Historic Design Review District(s) as may be established by City Council, pursuant to Section 1167.03
.
(h) "Environmental Change" means the construction, alteration, demolition or removal of any property subject to the provisions of this chapter.
(i) "Listed Property" means any property not within a design review district that is identified and protected under this chapter as if it were in a district.
(j) "Owner" means the owner of record, according to records maintained by the Ross County Auditor, and the term shall include the plural as well as the singular.
(k) "Preserve" or "Preservation" means the process, including maintenance, of treating an existing building to arrest or slow future deterioration, stabilize the structure and provide structural safety without changing or adversely affecting the character of appearance of the structure.
(Ord. 23-12. Passed 3-26-12.)
1167.03 DISTRICT BOUNDARIES.
(a) The Historic Design Review District shall consist of areas to be identified and designated by City Council under separate ordinance. The designation of such areas shall be made by Council after obtaining a recommendation from the Design Review Board and the Planning Commission, and holding a public hearing. Prior to that hearing, at least one (1) notification shall be given in a newspaper of general circulation in the City.
(b) For the purposes of this chapter, the boundaries of the Historic Design Review District shall be identified as follows: Beginning at a point at the intersection of the West right of way line of North Walnut Street (or the west right of way line of Yoctangee Boulevard), as applicable, and the North right of way line of West Water Street; thence easterly along the North right of way line of Water Street to its intersection with the East right of way line of North Mulberry Street; thence southerly along the East right of way line of Mulberry Street to its intersection with the South right of way line of East Fifth Street; thence westerly along the South right of way line of Fifth Street to its intersection with the West right of way line of South Walnut Street; thence northerly along the West right of way line of Walnut Street to the point of beginning.
(c) The Historic Design Review District includes all new or existing developable lots and parcels with or without structures located within or bordering the described boundary rights of way that face any of the road rights of way located within or bordering the boundary and includes all lots and parcels located contiguous to but outside the bounding rights of way including all structures are located within a distance of 125 feet or from any bounding road right of way. The Historic Design Review District specifically includes the lots and parcels with or without structures that are located at the north west corner of West Water Street and North Walnut Street, the north east corner of East Water Street and North Mulberry Street, the southeast corner of South Mulberry Street and East Fifth Street and the southwest corner of South Walnut Street and West Fifth Street.
(Ord. 23-12. Passed 3-26-12.)
1167.04 DESIGN REVIEW BOARD.
(a) Establish and Appointment of Board Members. The Design Review Board is hereby established consisting of seven (7) citizens of Ross County at least five of which shall reside or own property in the City. Each member shall be appointed by the Mayor and approved by City Council for terms of two (2) years, and may be reappointed for consecutive terms. Current members on the Design Review Board at the time of the adoption of this chapter may continue to serve until the end of their current term(s). At least one (1) member of the Design Review Board shall also be a member of the Planning Commission as designated by Planning Commission, and one (1) member shall be a member of Council as designated by Council. At least three (3) members of the Design Review Board appointed by the Mayor, shall be residents, business owners, or property owners in the District at the time of the member's appointment. In appointing members, the Mayor shall consider a potential member's qualifications which may include demonstrated experience in redevelopment of owned District property, active participation in business organization (such as the Chamber of Commerce, Downtown Merchants Association, or similar) within the District, professional training, experience in the fields of historic preservation, architecture, design, or related disciplines.
(b) Organization and Meetings. Upon initial appointment of a new Design Review Board, the Mayor shall appoint a temporary chair, who shall call the first meeting of the new Design Review Board. The first meeting shall take place no later than 60 days subsequent to the Council approval of the Design Review Board, at which time the members shall meet and elect a chairperson, vice chairperson, and secretary. The Design Review Board shall not hold less than six (6) meetings per year.
(c) Quorum. Four (4) members of the Design Review Board shall constitute a quorum. The concurring vote of four (4) members shall be necessary to pass any motion or action.
(d) Vacancies. The Mayor shall fill vacancies on the Design Review Board within 60 days of the position becoming vacant. Such appointments shall fill the remainder of the term vacated by the original appointee.
(e) Concept Reviews. The Design Review Board may assist owners by conducting nonbinding concept reviews before an application for any certificate of appropriateness, if requested by the owner.
(f) Duties and Procedures. The Design Review Board shall have such duties and powers as necessary to administer the requirements of this chapter and as may be specified by City Ordinance. The Design Review Board shall adopt its own procedural rules and guidelines.
(Ord. 23-12. Passed 3-26-12.)
1167.05 CERTIFICATE OF APPROPRIATENESS REQUIRED.
No environmental change shall be made to any property within the Historic Design Review District until a Certificate of Appropriateness has been properly applied for and issued by the Design Review Board. No zoning certificate or building permit shall be issued by the Zoning Inspector for any environmental change as defined in Section 1167.02
(h), now or hereafter in the Historic Design Review District or otherwise subject to the process as specified in this article, unless a Certificate of Appropriateness has been authorized by the Design Review Board.
(Ord. 23-12. Passed 3-26-12.)
1167.06 PROCEDURE FOR CERTIFICATE OF APPROPRIATENESS.
(a) The application for a Certificate of Appropriateness shall be made on such forms as prescribed by the Zoning Inspector, along with such plans, drawings, specifications and other materials as may be needed by the Design Review Board to make a determination. At a minimum, such information shall include the following:
(1) A site plan showing building outlines, dimensions, and landscaping.
(2) A complete description of the proposed environmental change.
(3) A photo of the building front or elevation drawing of same.
(b) Applications for a Certificate of Appropriateness shall be filed with the Zoning Inspector at least ten (10) days prior to the meeting of the Design Review Board, except a demolition request which shall be filed with the Zoning Inspector at least thirty (30) days prior to the meeting of the Design Review Board.
(c) The Design Review Board shall determine whether the proposed environmental change will be appropriate to the preservation of the environmental, architectural or historic character of the Historic Design Review District, pursuant to the criteria specified in Section 1167.07
.
(d) In determining the appropriateness of a specific environmental change, the Design Review Board shall conduct a public hearing on the project and /or solicit input from consultants that may be procured and hired by the City for that purpose.
(e) If no action is taken by the Design Review Board within ninety (90) days from the date of application, or the date of the public hearing pursuant to subsection (d) hereof, the Certificate of Appropriateness shall be issued as a matter of law.
(f) If the work described in any approved Certificate of Appropriateness has not been completed within six (6) months from the date of issuance thereof, said approved certificate shall expire. Further work as described in the expired certificate shall not proceed unless and until a new Certificate of Appropriateness has been obtained or an extension has been granted by the Design Review Board.
(Ord. 23-12. Passed 3-26-12.)
(Ord. 23-12. Passed 3-26-12.)
1167.07 CRITERIA OF EVALUATION OF APPLICATION FOR CERTIFICATE OF APPROPRIATENESS.
In considering the appropriateness of any proposed environmental change, including landscaping or exterior signage, the Design Review Board shall consider the following:
(a) The visual and functional components of the building and its site shall be generally compatible with the historic context of its surroundings. Such components shall include, but not be limited to, building height, massing and proportion, roof shape and slope, landscape design and plant materials, lighting, vehicular and pedestrian circulation, and signage.
(b) The distinguishing original qualities or character of a historic building, structure, site and/or its environment shall be preserved and the removal or alteration of any historic material or distinctive architectural environmental features should be avoided when possible.
(c) All buildings, structures and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance inconsistent or inappropriate to the original integrity of the building shall be discouraged.
(d) Whereas changes which may have taken place in the course of time are evidence of the history and development of a building, structure or site and its environment, if these changes are deemed to have acquired sigriificance, then this significance shall be recognized and respected.
(e) Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure or site shall be treated with sensitivity.
(f) Significant architectural features which have deteriorated shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the applicant shall provide evidence that new material matches the material being replaced in composition, design, texture, and other visual qualities as closely as possible. Repair or replacement of architectural features should be based on accurate duplication of the feature, and if possible, substantiated by historic, physical or pictorial evidence rather than on conjectural designs or availability of different architectural elements from other buildings or structures.
(g) The surface cleaning of masonry structures shall be undertaken with methods designed to minimize damage to historic building materials. Blast cleaning with natural aggregate material and other cleaning methods that will damage the historic building materials should be avoided.
(h) Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, and such design is compatible with the size, scale, material and character of the property, neighborhood or environment.
(i) Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the original structure would be unimpaired. Additions to the least significant and least visible of historic properties should be given priority over other designs.
(j) Reconstruction or rehabilitation within the Historic Design Review District shall, when possible, conform to the distinguishing, original exterior qualities or character of the structure, its site, and its environment.
(k) The design of new structures and of additions to existing structures, including new site improvements, shall take into account the architectural style, general design, arrangement, texture, color and material of other structures and premises within the individual precinct.
(l) All new structures and all reconstruction or remodeling of existing structures within the Historic Design Review District shall, when possible, utilize natural traditional exterior materials such as brick, stone, masonry and/or wood. The use of contemporary materials, such as aluminum and other similar metals, fiberglass and plastic for exterior surfaces on architecturally significant structures shall not be approved unless the applicant provides evidence that the use of such materials would be consistent with existing traditional materials and the overall integrity and longevity of the structure.
(m) All signs within the Historic Design Review district shall conform to the Design Review Board's design guidelines for signs and to the material standards of this Section; be of such size, scale, style color and design that reflect the era during which the structure was built, and shall conform to the requirements of this chapter. Sign size and shape shall also correspond to the existing proportions of period structures, and signs shall not be permitted to cover, “blank-out" or close existing window and doorway openings or otherwise hide important architectural features.
(n) The proposed action is consistent with design guidelines for the Historic Design Review Board District, as may be subsequently prepared for and adopted by the Design Review Board.
(o) Exceptions. Under exceptional circumstances as the Design Review Board may determine, the Board may approve environmental changes that consist of decorative lighting, signs or other changes that do not strictly conform to the design guidelines if the environmental change does not interfere with the historical character of the streetscape and/or is in the best interest of the District and City of Chillicothe, as determined by the Design Review Board.
(Ord. 23-12. Passed 3-26-12.)
1167.08 DEMOLITION OF STRUCTURES.
(a) Whenever a structure within the Historic Design Review District is proposed to be demolished, partially demolished, or removed, the application for the Certificate of Appropriateness shall clearly set forth the intent to demolish. Pursuant to Section 1167.06
(d), the Design Review Board shall schedule a public hearing on the application to occur not more than thirty (30) days from the date the application is filed. Public notice shall be served no later than twenty (20) days in advance of the public hearing. The Design Review Board shall take action within ninety (90) days from the date of the public hearing.
The Design Review Board shall grant the demolition and issue a Certificate of Appropriateness when the applicant submits suitable evidence that one (1) or more of the following conditions exists:
(1) The structure contains no features of architectural and historic significance contributing to the character of the Historic Design Review district within which it is located.
(2) The reasonable economic use for the structure as it exists or as it might be preserved is of such minimal level, and the reuse value of the property without the structure is of such level that there exists no feasible and prudent alternative to demolition.
(3) Deterioration has progressed to the point where it is not economically feasible to preserve and reuse the structure consistent with the standards of Section 1167.07
.
(b) Failure to Submit Plans. The Certificate of Appropriateness for demolition as issued shall contain enforceable deadlines and design commitments for the site. A Certificate of Appropriateness for demolition shall not be issued unless the Design Review Board has been presented with suitable plans for the replacement design for the site after demolition consistent with the intent of the Historic Design Review District along with enforceable deadlines for completion of work.
(Ord. 23-12. Passed 3-26-12.)
1167.09 MAINTENANCE.
Nothing in this chapter shall be construed to prevent ordinary maintenance or repair of any property within the Historic Design Review District, provided such work involves no change in material, design, texture, or exterior appearance; nor shall anything in this chapter be construed to prevent any change, including the construction, reconstruction, alteration or demolition of any building, structure, or feature which in the view of the Zoning Inspector is required for the public safety because of an unsafe, insecure or dangerous condition.
(Ord. 23-12. Passed 3-26-12.)
1167.10 PROCEDURE FOR LISTING PROPERTIES.
(a) Property Listing Initiated by Owner. The Historic Design Review District shall be as described in Section 1167.03
and is intended to be generally the same as the district as it existed under former Chapter 1197
. The owner of a property may initiate the listing of the property under this Chapter 1167
. If the owner applies for the listing ofthe property, the Design Review Board may approve the listing of the property if the Board finds that the property qualifies as being historic or architecturally significant as defined by federal regulations. The rules in Section 1167.03
(c) in regard to contiguous, bordering, or facing properties shall not apply to individually listed properties.
(b) Property Listing Initiated by Design Review Board.
(1) The Board shall notify the owner of the property of the proposal to list the property and shall furnish the reasons and supporting data for the Board's proposal.
(2) The Board shall schedule a public hearing on the proposed listing and cause a written notice to the owner and any other person having a legal interest in the property of record of the date, time and place of the hearing. The Board shall cause a legal notice to be published in a newspaper of general circulation in the City of Chillicothe setting forth the nature of the hearing, the property involved, and the date, time and place of the public hearing.
(3) If, after the public hearing conducted in accordance with the Procedure for a Certificate of Appropriateness set forth in Section 1167.06
(d), the Board finds that the property is of considerable importance to the community and that the listing will conform to the purpose and intent of this chapter, as set forth in Section 1167.01
, the Board shall identify the reasons that the property should be listed and shall promptly transmit its findings and recommendation to the Planning Commission.
(4) Within 30 days of receipt of the findings and recommendation of the Design Review Board, the Planning Commission shall review the same in a public meeting and shall submit to City Council a recommendation to approve or disapprove the listing along with its findings and the recommendation submitted by the Board.
(5) Council shall give due consideration to the findings and recommendations of the Design Review Board, as well as such views as may have been expressed by persons participating in the hearing before the Review Board, in addition to the recommendation of the City Planning Commission, in making its determinations with respect to the proposed designation of any areas, signs, places, buildings, structures, works of art and other similar objects as Listed Properties. Council shall hold a public hearing on any such proposed designation. After a public hearing, Council may designate such areas, places, buildings, structures, works of art and other similar objects as a Listed Property.
(6) After the decision by Council, the Review Board shall notify any owner or any person having a legal or equitable interest in such property of the decision by Council.
(Ord. 23-12. Passed 3-26-12.)
1167.11 APPEALS.
Any applicant aggrieved by any decision of the Design Review Board may appeal the decision to the Board of Zoning Appeals within thirty (30) days of the decision of the Design Review Board. Such appeal shall be taken by the filing of a written appeal to the Board of Zoning Appeals with copy to the Design Review Board, setting forth the grounds for the appeal. The Board of Zoning Appeals may reverse, remand, or modify the decision of the Design Review Board and shall state the reasons for such reversal, remand or modification.
(Ord. 23-12. Passed 3-26-12.)
1167.99 PENALTY.
Whoever constructs, reconstructs, alters, modifies or fails to maintain any exterior architectural or environmental feature now or hereafter within the Historic Design Review District in violation of this chapter, shall be deemed to be guilty of a misdemeanor, subject to the penalties specified in Chapter 1123
. Upon notification by the Design Review Board of an apparent violation, the Zoning Inspector shall investigate such case and, if such violation exists, shall commence actions as necessary to process such violation, and shall report to the Design Review Board as to the results of the investigation and the appropriate actions taken.
(Ord. 23-12. Passed 3-26-12.)
1168.01 PURPOSE.
Council recognizes the centrality of the Downtown in establishing the image of our City and region and in helping to attract visitors, permanent residents, and economic investment by providing an enhanced, appealing pedestrian-friendly focal point for shopping, dining, entertainment, and civic and cultural activities. It is Council’s objective to support the continuing revitalization of Downtown by providing a framework that will combine development-friendly policies and procedures with clear, practical standards for development that will safeguard our community’s well-being now and in the future.
(Ord. 17-14. Passed 3-10-14.)
1168.02 PRINCIPLES.
(a) The Downtown Development Commission and Downtown District are intended to foster a better Downtown through excellence in urban design and by promoting investor - and tenant - friendly municipal services and procedures.
(b) Preservation and revitalization of the architecturally diverse and historically significant First Capital District at the core of Downtown is essential to enhancing Chillicothe’s image as a desirable hometown and inviting destination city.
(c) Development standards may vary within sub-areas of Downtown.
(d) Development standards should promote the continued use of older structures throughout the Downtown District.
(e) Flexibility, consistent with excellent urban design and long-term community development objectives, should be the hallmark of the work of the CDDC and resulting codes and ordinances.
(f) Downtown should permit a diverse mix of land uses, including housing and supporting retail, personal services, and green space within a walkable environment.
(g) Downtown’s environment and character should promote visual energy and excitement. The streetscape and its public amenities should be so attractive and friendly as to set Downtown apart.
(h) Parking in the Downtown should be planned so as to promote efficient access to public buildings, businesses, events, and residences, while maintaining an attractive, pedestrian- friendly overall environment that sets Downtown apart from automobile-dependent retail destinations outside the Downtown. (Ord. 17-14. Passed 3-10-14.)
1168.03 FUNCTIONS.
(a) Building community consensus and develop design guidelines to guide new construction, renovation, parking, and streetscape design within the Downtown District.
(b) Coordinate with and assist the Design Review Board, the Chillicothe Planning Commission, Chillicothe Tree Commission, and other established boards and commissions whose jurisdiction includes or falls within the Downtown District.
(c) Recruit, encourage and coordinate residential and commercial developers and tenants within the Downtown District.
(d) Encourage and promote Downtown events that enhance the image of Downtown, attract visitors, and bring together the whole community of Chillicothe and the surrounding region.
(e) Propose Zoning Code updates and other ordinance updates as needed to organize the work of the CDDC and to implement community-endorsed design guidelines and other development initiatives.
(Ord. 17-14. Passed 3-10-14.)
(Ord. 17-14. Passed 3-10-14.)
1168.04 DOWNTOWN DISTRICT BOUNDARY.
Council hereby establishes the Downtown District as a planning district with boundaries, for purposes of this chapter, the same as the Historic Review Design District as defined in Section 1167.03
(b) of the City Planning and Zoning Code.
(Ord. 17-14. Passed 3-10-14.)
1168.05 COMMISSION CREATED; RULES OF PROCEDURE; DUTIES.
(a) Creation, Membership and Terms. The Chillicothe Downtown Development Commission shall consist of twelve members. All members shall be appointed by the Mayor and conformed by City Council. The following appointed members shall serve an initial term of two years: one member of City Council; one Ross County Commissioner or designee of the Ross County Commissioners; the President or a member of the Executive Committee of the Chillicothe Ross Chamber of Commerce, the Director of the Community Improvement Corporation of Greater Chillicothe (CIC), the chairman of the Design Review Board or his designee; one individual with experience in historic preservation, and the Dean of Ohio University-Chillicothe or his designee. The remaining appointed members, to include at least three members engaged as business people in Downtown, shall serve an initial term of four years. Thereafter, each member shall serve a term of four years. A member may represent more than one required role. A member of the CDDC may be removed for missing four consecutive meetings, for non-performance of duty, misconduct in office, or other cause. Members shall not receive compensation for Commission service.
(b) Rules of Procedure. The Chillicothe Downtown Development Commission shall elect a chairman, vice-chairman and secretary on annual basis. The CDDC shall adopt rules of procedure (bylaws) providing for regular and special meetings. A majority of the appointed members shall constitute a quorum for the purpose of conducting business and a motion can only pass when approved by a majority of those present. All CDDC meetings shall be open to the public. A record of proceedings, including attendance, shall be maintained, available for inspection. Notice of all regular, special and rescheduled CDDC meetings shall be published in the local newspaper and promulgated by such other means as may be identified in the bylaws.
(c) Duties. The duties of the CDDC shall include but not be limited to the following:
(1) To establish a work plan providing for the development of:
A. A Downtown plan.
B. Proposed Zoning Code revisions and other ordinance revisions necessary to implement a Downtown plan, including establishing functions of the Downtown Commission such as, but not limited to, design review, issuance of certificates of appropriateness for construction, demolition, landscaping and alterations; issuance of permits for Downtown events; and promotion and coordination of Downtown development initiatives.
(2) To consult with the Mayor and City Council for supporting the work of the CDDC.
(3) To plan a program of public communication and hearings to explain the purposes of the CDDC and invite public input into the work of the CDDC.
(4) To identify and establish relationships with individuals and entities, such as public, private and non-profit organizations and professional consultants that can assist the CDDC in accomplishing its purposes.
(5) To provide meeting minutes to the Clerk of Council for distribution to the City Council.
(Ord. 55-19. Passed 6-24-19.)