The specific purposes of the Urban Design Overlay District are to:

(a)

Protect and enhance the physical character of selected business districts that have adopted Urban Design Plans;

(b)

Prevent the deterioration of property and blighting conditions;

(c)

Encourage private investment to improve and stimulate the economic vitality and social character of selected business districts; and

(d)

Ensure that infill development does not adversely affect the physical character of the area.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

Except as otherwise provided in this chapter, all regulations of the underlying zone districts and other applicable overlay districts, apply to and control property in an Urban Design Overlay District; provided, however, that in the case of conflict between the provisions of an underlying zoning district and the Urban Design Overlay District, the provisions of the Urban Design Overlay District govern.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

Council may establish an Urban Design Overlay District whenever both of the following conditions are satisfied:

(a)

Neighborhood Business Center. Upon finding that an area comprising a concentration of retail and service-oriented commercial establishments serves as the principal business activity center for a socio-geographic community.

(b)

Urban Design Plan. Upon adoption of an urban design plan for the area that includes: A textual and graphic description of the physical and environmental improvements necessary for the coordinated revitalization of the business district. The urban design plan should include but is not limited to: the location of buildings, architectural character of the buildings, signage, pedestrian and vehicular circulations, parking, open space and landscaping. An urban design plan may also include a list of contributing and noncontributing buildings within the business district.

(1)

For the purposes of this section, a contributing building is one that has unique or distinguishable physical attributes that add to the cohesive character and setting of the business district, including its siting and location, architectural characteristics, and massing, and further are consistent with the applicable urban design plan or other applicable community plans approved by City Council.

(2)

For the purposes of this section, a noncontributing building is one that detracts from the established physical character and setting of the business district because the building's architectural style, bulk, shape, massing, scale, form, or setbacks are inconsistent with the predominant characteristics of the district, or the building is obsolete, damaged, in a state of disrepair, dilapidated, or unsanitary.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Emer. Ord. No. 418-2021, §§ 9, 39, 40, eff. Nov. 10, 2021)

(a)

The Zoning Administrator has the duty to review applications for the following permits in an established Urban Design Overlay District for compliance with the base requirements of the district:

(1)

Signs: Permits for the installation of all signs, with the exception of sandwich board signs authorized pursuant to § 723-9.

(2)

Awnings: Permits for the installation of all awnings.

(3)

Mechanical Equipment and Utilities: Permits for the installation of all exterior mechanical equipment and utility service connections.

(4)

Replacement Windows: Permits for the installation of replacement windows.

(5)

Exterior Renovation or Alterations of Existing Structures: Permits for exterior renovations, alterations, or additions.

(6)

Eating and Drinking Establishments: Permits for Restaurants, Limited.

(b)

The Zoning Board of Appeals shall approve, approve with conditions, or disapprove an application for the following types of development in an established Urban Design Overlay District in accordance with the base requirements of the district:

(1)

New construction: Permits for new construction.

(2)

Demolition: Permits for demolition.

(c)

The City Planning Commission is authorized to exercise the powers granted to the Zoning Board of Appeals pursuant to this Chapter when an application is submitted in connection with an application to subdivide land.

(d)

The Director of Buildings and Inspections is authorized to order the demolition of a building located in an established Urban Design Overlay District, notwithstanding the provisions of subsection (b), if he or she finds that the building poses an immediate threat to public health or safety.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; Emer. Ord. No. 141-2015, § 56, eff. July 1, 2015; a. Ord. No. 0050-2019, §§ 9, 10, eff. 2-6-2019; a. Emer. Ord. No. 418-2021, §§ 10, 39, 40, eff. Nov. 10, 2021; a. Ord. No. 320-2022, §§ 1, 4, eff. Oct. 12, 2022; a. Ord. No. 267-2023, §§ 1, 2, eff. June 26, 2023)

Development within individual Urban Design Overlay Districts must comply with the standards prescribed below that the ordinance that establishes the Urban Design Overlay District declares applicable to that district. These standards are intended to implement policies in adopted urban design plans. Whenever the standards conflict with the development regulations of the underlying district, these standards supersede those regulations. The following regulations will apply to some or all of the Urban Design Overlay Districts as determined by the urban design plan prepared and adopted for each district. Refer to Schedule 1437-09 for applicability.

Urban Design Overlay District Standards
Schedule 1437-09

(a)

Signs and Signage Standards:

S1.

Prohibited Signs:

• All blinking, flashing, rotating or moving signs, except barber poles and theater marquees;

• Neon signs;

• Banners, portable or temporary signs except sandwich board signs where permitted pursuant to Schedule 1437-09;

• Rooftop signs, signs or awnings extending above the roofline of the building, or signs or awnings that extend above the window sill line of the second floor of the building;

• Any advertising sign on or about an unoccupied building, except those related to the sale or rental of that building;

• All signs, handbills, or flyers on utility poles, except those installed by the city and state;

• All outdoor advertising signs, as that term is defined in Cincinnati Municipal Code Chapter 895.

S2.

Projecting Signs:

• Projecting signs shall not be used except for small identification or trademark signs symbolic of the business identified.

• The copy of all signs should identify the predominant business on the premises or its principal product or service.

• Advertising signs are prohibited.

• Projecting signs shall not exceed six square feet per sign face and shall not exceed 12 square feet for all faces.

• Projecting signs should be located over entry doors or building columns or piers and shall be limited to one projecting sign per business.

• All sign supports shall be simple in nature, have no visible guy wires and be made less obtrusive with camouflaging color in harmony with the surrounding environment.

S3.

In the case where buildings have multiple storefronts occupied by different tenants, the allowable signage area for each tenant will be calculated based upon the storefront street frontage in order to maintain a proportional distribution of signage area.

S4.

For businesses located within an interior portion of a building, or on the second floor or higher story of a building and lacking an exterior wall or window area, a sign identifying the business no larger than six square feet may be affixed to the exterior of the building. This sign area shall be included in the maximum allowable area for all signs on the property.

S5.

Ground signs: where permitted, ground signs shall meet the following standards:

• Ground signs shall be a maximum sign area of not more than one square foot of sign area per linear foot of street frontage per sign face, up to a maximum sign area of 30 square feet per face, or 60 square feet for all sign faces.

• Ground signs shall be limited to two sign faces and shall not exceed six feet in height.

• Ground signs shall be located at or near the primary street frontage.

• Ground signs shall be compatible with the design of the building in proportion, shape, scale, materials, colors, and lighting.

S6.

Sandwich board signs are permitted, subject to the provisions of § 723-9 and § 1427-26.

(b)

Awning Standards:

A1.

Awnings shall meet the following standards:

• Awnings shall project no more than two-thirds the width of the sidewalk or six feet, whichever is less.

• Awnings shall run parallel to the face of the building.

• Awnings shall be located within the existing building framework - between columns and below spandrel panels. Awning colors and design shall be compatible with the colors and design of the building.

• Structural supports for all awnings shall be contained within the awning covering.

• Each storefront bay shall have a similar awning to the other storefront bays on the same building.

• Awnings shall be designed to be harmonious with the architecture of the building that they are to be placed on. They shall relate in shape and proportion to the building's architectural elements such as window and opening shapes, facade articulation and general character of the building.

(c)

Mechanical Equipment and Utility Standards:

M1.

Mechanical equipment, including air conditioning, piping, ducts, and conduits external to the building shall be concealed from view from adjacent buildings or street level by grills, screens or other enclosures. Electric and other utility service connections shall be underground for new construction and encouraged for all other changes.

(d)

Replacement Window Standards:

W1.

Replacement windows shall meet the following standards:

• Replacement windows shall fit the size and style of the original openings.

• Original window and door openings shall not be enclosed or bricked-in on the street elevation. Where openings on the sides or rear of the building are to be closed, the infill materials shall match that of the wall and be recessed a maximum of three inches within the opening.

(e)

Exterior Renovation or Alterations of Existing Structures:

R1.

Renovations, alterations or additions shall be designed and executed in a manner that is sympathetic to the particular architectural character of the structure being worked on. Architectural elements shall be sensitively designed to reflect the detailing and materials associated with the particular style of the building.

R2.

Renovations and restorations of older buildings shall respect the original building design, including structure, use of materials and details. New materials or signs shall not cover original materials and detailing. Natural materials (brick, slate, glass, stone, etc.) shall be retained in their natural state and not covered with any other contemporary materials. Materials that are out of keeping with the historic character of the building shall be removed from the facade upon significant exterior renovation or restoration of the existing structure.

(f)

Eating and Drinking Establishments:

E1.

Restaurants, Limited shall meet the following standards:

• No more than 45 percent of their gross floor area may be devoted to food preparation, related activities and other space not accessible to the public;

• No more than 35 percent of the restaurant's sales by dollar volume are carry-out and the patrons are served with other than single-use utensils, plates and beverage containers.

• The consumption of food or beverage in automobiles parked upon the premises is prohibited.

(g)

Franchise Establishments:

F1.

New businesses should contribute to the desired mix of commercial activities; franchise type establishments are acceptable provided that they are primarily pedestrian and not automobile oriented.

(h)

New Construction:

N1.

New buildings shall be compatible with their surroundings. Architectural style, bulk, shape, massing, scale and form of new buildings and the space between and around buildings shall be consistent with the area and should be in harmony with neighboring buildings.

• New buildings shall respond to the pattern of window placement in the district. The designs of new buildings shall avoid long unrelieved expanses of wall along the street by maintaining the rhythm of windows and structural bays in the district. The preferred pattern of ground floor windows is open show windows, with inset or recessed entryways; and landscaping, lighting, and other amenities equivalent to those existing in the district.

• Buildings shall de-emphasize secondary rear or side door entrances to commercial space, unless the entrances are associated with public parking areas.

N2.

The Zoning Board of Appeals shall review and consider the applicable urban design plan and other applicable community plans approved by City Council when determining the compatibility of new construction proposed within an Urban Design Overlay District.

• New buildings and proposed uses shall be consistent with the goals, objectives, and guidelines of the applicable urban design plan or other applicable community plans approved by City Council.

N3.

At the request of an applicant, the Zoning Board of Appeals may conduct a review of a new building or change in use of a property in two parts: (i) first, an initial review of schematic plans in which setbacks, structure and site improvement placement, massing, building envelope, and uses are considered; and (ii) second, a subsequent review in which final plans, materials, and designs are considered.

(i)

Demolition:

D1.

An existing building may only be demolished if the owner of the building, or a person authorized by the owner of the building, demonstrates that one of the following standards is met:

• The building does not contribute to the physical character and economic vitality of the district, which is determined by weighing the following factors:

(i)

whether the building is identified as a contributing building or noncontributing building by the applicable urban design plan or other applicable community plans approved by City Council;

(ii)

whether the building is recommended for demolition by the applicable urban design plan or other applicable community plans approved by City Council;

(iii)

whether the building's architectural style, bulk, shape, massing, scale, form, and setbacks are consistent with the predominant characteristics of the district;

(iv)

whether the building is iconic or specially associated with the district;

(v)

whether the demolition of the building will negatively impact the district streetscape; and

(vi)

whether the building is obsolete, damaged, in a state of disrepair, dilapidated, or unsanitary, and whether its condition was caused by the owner or his or her predecessors through deliberate action or willful neglect.

• The demolition of the building will facilitate the construction of a new building or the establishment of a use that will contribute to the physical character and economic vitality of the district, which is demonstrated by evidence that the owner, or a person authorized by the owner, has:

(i)

obtained final approval to construct a new building or change the use of property pursuant to the requirements of subsection (h) above;

(ii)

obtained all building permit approvals necessary to commence the new construction or effect the change in use; and

(iii)

certified via affidavit or sworn testimony as to his or her intent and capacity to diligently pursue the construction of the new building or change in use if demolition of the building is approved.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 268-2008, § 1, eff. Sept. 6, 2008; a. Ord. No. 298-2009, § 1, eff. Dec. 12, 2009; a. Ord. No. 99-2013, § 1, eff. May 24, 2013; Emer. Ord. No. 141-2015, § 57, eff. July 1, 2015; Ord. No. 275-2016, § 1, eff. Sept. 3, 2016; a. Ord. No. 104-2018, § 4, eff. June 16, 2018; a. Emer. Ord. No. 418-2021, §§ 11, 39, 40, eff. Nov. 10, 2021; a. Ord. No. 320-2022, §§ 2, 4, eff. Oct. 12, 2022; a. Ord. No. 267-2023, § 3, eff. June 26, 2023)

(a)

If the Zoning Administrator determines that a permit application conforms to the requirements of § 1437-09 and all other requirements of this Code, the Zoning Administrator has the duty to approve a building permit for the proposed work. The Zoning Administrator has the duty to notify all owners of property abutting the subject property and the community organization recognized by City Council as representing the area that includes the subject property.

(b)

If the Zoning Administrator determines a permit application does not conform to the requirements of § 1437-09, or if a permit application includes a request for new construction or demolition, the Zoning Board of Appeals has the duty to determine whether the application satisfies the standards set forth in this Chapter prior to the issuance of a building permit.

(c)

In reviewing a permit application pursuant to § 1437-11(b), the Zoning Board of Appeals shall conduct a hearing and issue a decision in the same manner as prescribed for the Zoning Hearing Examiner under Chapter 1443, Zoning Hearing Examiner Procedures. In considering a permit application, the Zoning Board of Appeals is authorized to grant all additional forms of relief the Zoning Hearing Examiner is authorized to grant (e.g., variance, conditional use, special exceptions, etc.), provided that the Zoning Board of Appeals may not grant a use variance from the provisions of this Chapter.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; Emer. Ord. No. 141-2015, § 58, eff. July 1, 2015; a. Emer. Ord. No. 418-2021, §§ 12, 39, 40, eff. Nov. 10, 2021)

Any party with standing may appeal a final decision of the Zoning Board of Appeals issued in accordance with this Chapter to the Hamilton County Court of Common Pleas as allowed by Ohio Revised Code Chapter 2506 or other applicable law.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Emer. Ord. No. 418-2021, §§ 13, 39, 40, eff. Nov. 10, 2021)