AR-12, ARLD, AR-1, AR-2, AR-3 and AR-4, apartment residential and AR-O apartment office, districts, established by Chapter 3309, are regulated by the general and specific provisions of this chapter, pertaining thereto and by the provisions of this Zoning Code. Each use shall comply therewith.

(Ord. 1506-86.)

Within an AR-12, ARLD or AR-1 apartment residential district, no buildings or premises shall be used and no buildings shall be erected which are arranged, intended or designed to be used for other than one or more of the following specified uses:

(1)

Apartment house, as defined in Chapter 3303, C.C., containing five or more dwelling units;

(2)

Apartment complex, as defined in Chapter 3303, C.C. and located on a lot of no less than 20,000 square feet;

(3)

Dwelling containing one, two, three, or four dwelling units, as defined in Chapter 3303, C.C., and in accordance with R-4 standards;

(4)

Multiple dwelling development, as defined in Chapter 3303, C.C. and located on a lot of no less than 20,000 square feet;

(5)

Town house development, as defined in Chapter 3303, C.C., containing no more than eight town houses in a row and no fewer than three town houses in a row, and in accordance with town house development standards;

(6)

Religious Facility;

(7)

School, as defined in Chapter 3303, C.C.;

(8)

Public playground;

(9)

Public park;

(10)

Public library;

(11)

Public museum;

(12)

Public recreation building;

(13)

Water supply reservoir, well, water tower, or filter bed;

(14)

Public or parochial college or university (other than a trade or business institution);

(15)

In accordance with C.C. 3333.055, one single-unit or two-unit dwelling, as defined in Chapter 3303, C.C.

(16)

Adult or child day care center.

(Ord. 998-90; Ord. No. 0239-2010, § 2, 4-5-2010; Ord. No. 1501-2022, § 11, 6-13-2022; Ord. No. 1871-2023, § 1, 7-31-2023)

Within an AR-2 apartment residential district, no buildings or premises shall be used and no buildings shall be erected which are arranged, intended or designed to be used for other than one or more of the following specified uses:

(1)

Apartment house, as defined in Chapter 3303, C.C., containing five or more dwelling units;

(2)

Apartment complex, as defined in Chapter 3303, C.C. and located on a lot of no less than 20,000 square feet;

(3)

Dwelling containing one, two, three, or four dwelling units, as defined in Chapter 3303, C.C., and in accordance with R-4 standards;

(4)

Multiple dwelling development, as defined in Chapter 3303, C.C. and located on a lot of no less than 20,000 square feet;

(5)

Town house development, as defined in Chapter 3303, C.C., containing no more than eight town houses in a row and no fewer than three town houses in a row, and in accordance with town house development standards;

(6)

Religious Facility;

(7)

School, as defined in Chapter 3303, C.C.;

(8)

Public playground;

(9)

Public park;

(10)

Public library;

(11)

Public museum;

(12)

Public recreation building;

(13)

Water supply reservoir, well, water tower, or filter bed;

(14)

Public or parochial college or university (other than a trade or business institution);

(15)

Apartment hotel;

(16)

College fraternity, sorority or club house;

(17)

Convent or monastery;

(18)

In accordance with C.C. 3333.055, one single-unit or two-unit dwelling, as defined in Chapter 3303, C.C.;

(19)

Adult or Child day care center.

(Ord. No. 0239-2010, § 3, 4-5-2010; Ord. No. 2019-2021, § 1, 7-26-2021; Ord. No. 1501-2022, § 12, 6-13-2022; Ord. No. 1871-2023, § 1, 7-31-2023)

Within an AR-3 apartment residential district, no buildings or premises shall be used and no buildings shall be erected which are arranged, intended or designed to be used for other than one or more of the following specified uses:

(1)

Apartment house, as defined in Chapter 3303, C.C., containing five or more dwelling units;

(2)

Apartment complex, as defined in Chapter 3303, C.C. and located on a lot of no less than 20,000 square feet;

(3)

Dwelling containing one, two, three, or four dwelling units, as defined in Chapter 3303, C.C., and in accordance with R-4 standards;

(4)

Multiple-dwelling development, as defined in Chapter 3303, C.C. and located on a lot of no less than 20,000 square feet;

(5)

Town house development, as defined in Chapter 3303, C.C., containing no more than eight town houses in a row and no fewer than three town houses in a row, and in accordance with town house development standards;

(6)

Religious Facility;

(7)

School, as defined in Chapter 3303, C.C.;

(8)

Public playground;

(9)

Public park;

(10)

Public library;

(11)

Public museum;

(12)

Public recreation building;

(13)

Water supply reservoir, well, water tower, or filter bed;

(14)

Public or parochial college or university (other than a trade or business institution);

(15)

Apartment hotel;

(16)

College fraternity, sorority or club house;

(17)

Convent or monastery;

(18)

Community center building, home for the aging, nursing home, rest home, shared living facility, Y.M.C.A., Y.W.C.A., social organization, or philanthropic institution, conditioned per C.C. 3333.07;

(19)

Hospital, infirmary, or orphanage, provided no part of such building shall be located within 50 feet of any lot line other than a street or alley line of the property occupied by such use;

(20)

Rooming house, or the leasing or renting of rooms limited according to C.C. 3333.07;

(21)

Adult or Child day care center;

(22)

In accordance with C.C. 3333.055, one single-unit or two-unit dwelling, as defined in Chapter 3303, C.C.

(Ord. 2856-91; Ord. No. 0239-2010, § 4, 4-5-2010; Ord. No. 2019-2021, § 1, 7-26-2021; Ord. No. 1501-2022, § 13, 6-13-2022; Ord. No. 1871-2023, § 1, 7-31-2023)

Within an AR-4 apartment residential district, no buildings or premises shall be used and no buildings shall be erected which are arranged, intended or designed to be used for other than one or more of the following specified uses:

(1)

Apartment house, as defined in Chapter 3303, C.C., containing five or more dwelling units;

(2)

Apartment complex, as defined in Chapter 3303, C.C. and located on a lot of no less than 20,000 square feet;

(3)

Dwelling containing one, two, three, or four dwelling units, as defined in Chapter 3303, C.C., and in accordance with R-4 standards;

(4)

Multiple-dwelling development, as defined in Chapter 3303, C.C. and located on a lot of no less than 20,000 square feet;

(5)

Town house development, as defined in Chapter 3303, C.C., containing no more than eight town houses in a row and no fewer than three town houses in a row, and in accordance with town house development standards;

(6)

Religious Facility;

(7)

School, as defined in Chapter 3303, C.C.;

(8)

Public playground;

(9)

Public park;

(10)

Public library;

(11)

Public museum;

(12)

Public recreation building;

(13)

Water supply reservoir, well, water tower, or filter bed;

(14)

Public or parochial college or university (other than a trade or business institution);

(15)

Apartment hotel;

(16)

College fraternity, sorority or club house;

(17)

Convent or monastery;

(18)

Community center building, home for the aging, nursing home, rest home, shared living facility, Y.M.C.A., Y.W.C.A., social organization, or philanthropic institution, conditioned per C.C. 3333.07;

(19)

Hospital, infirmary, or orphanage, provided no part of such building shall be located within 50 feet of any lot line other than a street or alley line of the property occupied by such use;

(20)

Adult or Child day care center;

(21)

Rooming house, or the leasing or renting of rooms limited according to C.C. 3333.07;

(22)

College dormitory;

(23)

In accordance with C.C. 3333.055, one single-unit or two-unit dwelling as defined in Chapter 3303, C.C.

(Ord. 2856-91; Ord. No. 0239-2010, § 5, 4-5-2010; Ord. No. 2019-2021, § 1, 7-26-2021; Ord. No. 1501-2022, § 14, 6-13-2022; Ord. No. 1871-2023, § 1, 7-31-2023)

Within an AR-O apartment office district, no building or premises shall be used and no building shall be erected or altered which is arranged, intended or designed to be used for other than one or more of the following specified uses.

(1)

Apartment house containing five or more dwelling units;

(2)

Dwelling containing one, two, three, or four dwelling units, as defined in Chapter 3303, C.C., and in accordance with R-4 standards;

(3)

Art studio;

(4)

Bank;

(5)

Ecclesiastical, eleemosynary or philanthropic use;

(6)

Office building or offices, including medical offices;

(7)

Photography studio;

(8)

Radio or television studio;

(9)

Telephone exchange together with concealed electric substation necessary for such use;

(10)

Public or private clinic, hospital, infirmary, or orphanage provided no part of such building shall be located within 50 feet of any lot line other than a street or alley line of the property occupied by such use and not for veterinarian purpose;

(11)

School, as defined in Chapter 3303, C.C.;

(12)

Public library;

(13)

Public museum;

(14)

Public recreation building;

(15)

Water supply reservoir, well, water tower, or filter bed;

(16)

Adult or Child day care center;

(17)

Religious facility

(18)

Rooming house, shared living facility or the leasing or renting of rooms limited according to CC. 3333.07;

(19)

In accordance with C.C. 3333.055, one single-unit or two-unit dwelling, as defined in Chapter 3303, C.C.

(Ord. 2856-91; Ord. No. 0239-2010, § 6, 4-5-2010; Ord. No. 1501-2022, § 15, 6-13-2022; Ord. No. 1871-2023, § 1, 7-31-2023)

In an AR-O apartment office district, apartment facilities may be provided in a building containing one or more than other uses authorized in such district by this chapter except in a building with an existing garage, stable or carriage house, provided that each apartment shall comply with the Building Code as to a complete apartment. Off-street parking provisions may be on the site or under the ground floor of a building containing apartment facilities for both the apartment and the other uses.

(Ord. 1506-86.)

Within an AR-12, ARLD, AR-1, AR-2, AR-3, AR-4 or AR-O area district on a lot that was separately owned and of record on January 14, 1959, the effective date of Ordinance 1540-58, or on a lot in a recorded subdivision of record on such date or platted between January 14, 1959, and July 16, 1986, the effective date of Ordinance 1506-86, either of the following shall be permitted as the sole use:

(A)

One detached single-family dwelling as defined in Chapter 3303, C.C.; or

(B)

One single two-family dwelling, as defined in Chapter 3303, C.C., in compliance with C.C. 3332.14 area standards.

Such lots when so used are designated to be in the 35-foot height district by C.C. 3333.26.

(Ord. 231-94; Ord. No. 0239-2010, § 7, 4-5-2010)

An adult or child day care center shall require a transportation plan, which shall be submitted as part of a zoning clearance application. The plan shall include a written and visual description of the loading and unloading, parking and traffic circulation areas. The director of the department of public service or designee shall review the transportation plan, and may modify or deny the plan for safety reasons.

(Ord. 1589-90; Ord. 1272 § 1 (part); Ord. 1909-01 § 1 (part); Ord. No. 0128-2009, § 1, 2-9-2009; Ord. No. 0455-2010, § 50, 4-5-2010; Ord. No. 1501-2022, § 16, 6-13-2022)

A.

Uses are subject to all city ordinances, rules and regulations including but not limited to Titles 41 and 43 of the city codes, entitled the Building Code, and may be subject to Title 45, the Housing Code.

B.

The term "residential care facility" as used in this section means a residential care facility licensed by the state of Ohio.

C.

Each owner of any use such as, but not limited to, a boarding home, home for the aging, nursing home, rest home, rooming house, residential care facility, or shared living facility regulated by a federal, state or local agency which requires it to be licensed or certified thereby shall prior to occupancy and continuously thereafter obtain and display said license or certificate together with any renewal thereof upon the premises and provide a copy of same to:

1.

The department; and

2.

The board of health; upon issuance and thereafter upon each renewal As soon as one owner provides such copies any remaining co-owners of the same use are excused from so doing until the next submission is due

D.

In the same manner each owner shall obtain a rooming house license if so required by Title 45, C.C.

(Ord. 2856-91; Ord. 1272 § 1 (part); Ord. No. 0239-2010, § 8, 4-5-2010; Ord. No. 0455-2010, § 51, 4-5-2010

Each college fraternity, sorority, dormitory or club house shall be subject to all ordinances, rules and regulations of the Building Code and the Housing Code of the city, and to the provisions of C.C. 3333.07, above.

(Ord. 357-87; Ord. No. 2019-2021, § 1, 7-26-2021)

Area District Standards

In an AR-12, ARLD, AR-1, AR-2, AR-3, AR-4 or AR-O area district no building shall be erected or altered except in accordance with this code and on a lot with a width of no less than 50 feet; however, on terminus of a cul-de-sac, curved street or T-turn-around the lot frontage may be reduced to no less than 40 feet, provided the lot width at the building line shall be no less than 50 feet.

(Ord. 1506-86.)

In an AR-12 area district no building shall be erected or altered except on a lot of record with an area which equals or exceeds 3,600 square feet in area per dwelling unit for an apartment house, dwelling containing three or more dwelling units, town house development, apartment complex, or multiple dwelling development, each as defined in Chapter 3303, C.C. A multiple-dwelling development or an apartment complex shall be on a single lot of 20,000 square feet or more in area.

(Ord. 1506-86.)

In an ARLD area district no building shall be erected or altered except on a lot of record with an area which equals or exceeds 2,500 square feet in area per dwelling unit if an interior lot or 1,500 square feet per dwelling unit if a corner lot for an apartment house, dwelling containing three or more dwelling units, town house development, apartment complex, or multiple-dwelling development, each as defined in Chapter 3303, C.C. A multiple-dwelling development or an apartment complex shall be on a single lot of 20,000 square feet or more in area.

(Ord. 1506-86.)

In an AR-1 or AR-4 area district no building shall be erected or altered except on a lot of record with an area which equals or exceeds 1,200 square feet in area per dwelling unit if an interior lot or 900 square feet per dwelling unit if a corner lot for an apartment house, dwelling containing three or more dwelling units, apartment complex, or multiple-dwelling development, each as defined in Chapter 3303, C.C. A multiple-dwelling development or an apartment complex shall be on a single lot of 20,000 square feet or more in area.

(Ord. 1506-86.)

In an AR-2 area district no building shall be erected or altered except on a lot of record with an area which equals or exceeds 800 square feet in area per dwelling unit if an interior lot or 600 square feet per dwelling unit if a corner lot for an apartment house, dwelling containing three or more dwelling units, apartment complex, or multiple-dwelling development, each as defined in Chapter 3303, C.C. A multiple-dwelling development or an apartment complex shall be on a single lot of 20,000 square feet or more in area.

(Ord. 1506-86.)

In an unrestricted area, AR-3 or AR-O area district, no requirements as to the number of square feet of lot area per dwelling unit are specified. These classifications shall apply to new construction only. A multiple-dwelling development or an apartment complex, as defined in Chapter 3303, C.C., shall be on a single lot of 20,000 square feet or more in area.

(Ord. 1506-86.)

Area shall be computed based on the following guidelines:

(a)

That portion of a corner lot in excess of 7,200 square feet and most distant from the intersecting street abutting the longest dimension of such corner lot shall be considered as an interior lot.

(b)

A lot shall be deemed to extend to the center of any alley adjoining the rear lot line or side line of such lot. A lot adjoining alleys on more than one side shall be deemed to extend to the center of only one such alley.

(c)

No residence building hereafter erected shall occupy alone or together with any other building greater than 50 percent of the lot area.

(d)

A multiple-dwelling development or an apartment complex, as defined in Chapter 3303, C.C., shall be on a single lot of 20,000 square feet or more in area and under one control. The required minimum lot area per dwelling unit may be calculated utilizing the area of the entire development or complex, including community open spaces, parking spaces, and drives other than public streets, which are within the same lot and accessible to all occupants of the entire development or complex, as well as the private individual space accessible directly to an individual building, but excluding any area dedicated for public purposes. All street and alley arrangements shall be subject to approval by the director after consultation with the Director of Public Service and/or their designee. An apartment complex comprised of parcels within different taxing districts which cannot be combined shall be deemed one lot, subject to applicable lot area per dwelling unit and required yard area(s) being provided. Density computations and yard area(s) shall be calculated for the overall development and not for each individual parcel, and all parcels shall be covered by the same zoning clearance.

(e)

No yard or other open space provided for any building for the purpose of complying with the provisions of these regulations shall again be considered as the yard or other open space for any other building.

(Ord. 1506-86; Ord. 1272 § 1 (part); Ord. 1909-01 § 1 (part); Ord. No. 0128-2009, § 1, 2-9-2009; Ord. No. 0455-2010, § 52, 4-5-2010; Ord. No. 1871-2023, § 1, 7-31-2023)

Fronting

Each dwelling, apartment house or principal building shall front upon a public street.

However, those dwelling units located in a multiple-dwelling development, as defined in Chapter 3303, C.C., or apartment houses and dwellings located in an apartment complex, as defined in Chapter 3303, C.C., may front upon a private street if such plan is approved by the director with the Director of Public Service or their designee. Such buildings shall be subject to all regulations pertaining to building lines of both fronting and side streets and corner lot requirements.

(Ord. 1506-86; Ord. 1272-01 § 1 (part); Ord. 1909-01 § 1 (part); Ord. No. 0128-2009, § 1, 2-9-2009; Ord. No. 0455-2010, § 53, 4-5-2010; Ord. No. 1871-2023, § 1, 7-31-2023)

Building Lines

No building or structure or portion of a building or structure other than an unenclosed balcony or unenclosed ground floor porch and steps from such porch to the ground shall be erected, constructed or extended between a building line and the street property line as established in C.C. 3333.18 and 3333.19, hereinafter set forth.

For the purposes of C.C. 3333.18 and 3333.19, the term "building line" shall mean "required building line" and both shall mean the minimum required building setback from any and all streets, corner lots included, however, see C.C. 3333.19.

The term "frontage," as used in subsequent sections shall mean the area on the same side of a street between the two nearest intersecting streets on each side of subject property (alleys not included). An unenclosed front porch or an unenclosed front balcony shall be a porch or balcony that is not enclosed in any way by glass, solid panels or any other material, with the exception of a balustrade or railing not to exceed three feet in height above the floor of such front porch or balcony.

A front porch or balcony may be enclosed by screens provided that: (1) the construction is such that the outside air is free to circulate through the porch at all times; (2) screen panels cannot be interchanged with glass or other type solid panels; and (3) any additional structural members do not exceed two inches in depth by three inches in width.

(Ord. 1506-86.)

In the AR-12, ARLD, AR-1, AR-2, AR-3 and AR-4 apartment residential districts and the AR-O apartment office district the building lines are established as follows:

(Ord. 1425-90.)

_____

(a)

Corner Property in Old Subdivisions. Where a building or other structure is to be erected or extended on a corner property and where subject property is 65 feet or less in width so that the required building line cannot be applied equitably along the longer side of the corner lot as determined by the enforcement officer, then the distance of the building line from the property line of the street along the longer side of subject corner lot may be reduced to the following minimum distance:

(1)

Corner property with a width of not over 65 feet and not under 40 feet - 20 percent of property width.

(2)

Corner property with a width of less than 40 feet - 20 percent of property width minus two percent for each foot of lesser width than 40 feet.

(3)

Corner property under 36 feet in width - None.

(b)

Corner Ownership Containing Two or More Lots. Where the ownership of a corner property has a width of more than 65 feet and contains more than one adjacent lot, one of which is a corner lot, the provisions of subsection (a) above shall not apply.

(c)

Garage on Corner Property in Old Subdivision. On a corner property where the side of the principal building on subject property or ownership may be located nearer than ten feet from the street along the longer side of the corner lot, the garage may be located at the following minimum distance from such street property line and subject to the following conditions:

(1)

Corner property with a width of 50 feet or more - 20 percent of property width.

(2)

Corner property with a width of less than 50 feet but not under 40 feet - ten feet.

(3)

Corner property with a width of less than 40 feet.

If the entrance to garage is on the side facing the street along the longer side of the lot and cannot be relocated conveniently to face the rear end of the lot, build the garage with an inside depth from the entrance doors only to include the customary length of a private passenger automobile, and build the garage as near as permitted to interior side lot line. Additional length of garage is allowed, provided entrance doors are set back from the street not less than 20 percent of property width. However, where said garage is built to include only the customary length of a private passenger automobile but cannot set back of building line as required in subsection (a) above, then such garage may be built up to the interior side lot line (notwithstanding the required side yard along such interior lot line) if the wall facing said interior line is of masonry construction and contains no windows and the roof thereof is of fire-resistant materials.

(Ord. 1506-86.)

Yards

The front yard of any lot shall be as established by C.C. 3333.17, notwithstanding the provisions of Chapter 3303, Definitions.

(Ord. 1506-86.)

In an AR-12, ARLD, AR-1, AR-2 or AR-4 Apartment Residential District, each dwelling or apartment house shall be deemed a separate building, and for each principal or accessory building side yards shall be provided according to the following provisions.

(Ord. 1506-86.)

In an AR-12, ARLD, AR-1, AR-2, or AR-4 Apartment Residential District, the sum of the widths of each side yard shall equal or exceed 20 percent of the width of the lot, provided that no more than 16 feet need be so devoted.

A legally sufficient perimeter yard shall satisfy the maximum side yard requirement for an apartment complex or a multiple dwelling development.

(Ord. 42-87.)

The minimum side yard shall be the least dimension between any part of the building or structure and the side lot line, which least distance shall be as follows:

(a)

In AR-12, ARLD, AR-1, AR-2, and AR-4 Districts - 5 feet.

(b)

The regulations providing for side yards in this section shall apply to AR-3 and AR-O Districts, except that no side yard shall be required along an interior lot line except where required by the Building Code, including the OBBC, or any regulations thereunder.

(c)

Notwithstanding above subsection (a), the required minimum distance of a garage from the interior side lot line shall be three feet.

(1)

Carports shall be subject to the same restrictions as garages.

(d)

Notwithstanding the provisions of subsections (a) and (c), above, where a building exceeds two and one-half stories in height, the minimum side yard shall be not less than one-sixth of the height of the building and never less than the minimum requirements of subsections (a) and (c) above.

(e)

A dwelling house existing on October 13, 1954 and having side yards that do not comply with the provisions of this section, may be extended along such existing side yard lines.

(f)

A legally sufficient perimeter yard shall satisfy the minimum side yard requirements for an apartment complex or multiple dwelling development only.

(Ord. 42-87.)

Each dwelling, apartment house or other principal building shall be erected so as to provide a rear yard totaling no less than 25 percent of the total lot area.

A legally sufficient perimeter yard shall satisfy the rear yard requirement for an apartment complex or multiple dwelling development only.

(Ord. 42-87.)

The area required in a side or rear yard shall be open from the established grade or from the finished grade if higher than the established grade, to the sky unobstructed except for:

(a)

structures not requiring a building permit;

(b)

the ordinary projections of window sills, belt courses, cornices or other ornamental features;

(c)

an open fire escape which may project up to four feet into an interior side yard or rear yard;

(d)

a private detached garage which may occupy up to 45 percent of such required rear yard.

(Ord. 1506-86.)

A perimeter yard may substitute for required side and rear yards in an apartment complex or a multiple-dwelling development. Perimeter yard width is determined by computing ten percent of the average lot width. A perimeter yard must be a minimum of ten feet wide but is not required to exceed 25 feet in width. Perimeter yards must be landscaped in accordance with a landscape plan approved as part of the zoning clearance review process.

(Ord. 19-01 § 4.)

Most apartment-residential lots in the city are served by central sewer and water and tend to have lot areas just barely in accordance with minimum requirements of the code. Improper outside storage results in rat and rodent harborage, mosquito and other insect breeding, "attractive nuisances" of a hazardous nature, spillage of hazardous materials, environmental degradation, unsightliness, and a disincentive for neighboring property owners or occupants to maintain their properties.

Although the Zoning Code provides for customary home occupations, residential garages, storage of boats and recreational vehicles, and parking, and facilitates proper storage by allowing utilization of a storage shed of less than 169 square feet without a building permit, the code must define and prohibit certain nuisance storage activities deleterious to apartment-residential districts. The purpose is not to prohibit uses in a yard area which are normally associated with apartment-residential use; but, instead, to increase the yard's use, enjoyment, and compatibility with its neighbors.

(Ord. 1482-95.)

A.

An agricultural use, farm, field crops, garden, greenhouse, or nursery may be conducted in any apartment residential district contained in this chapter without restriction as to the operation of incidental vehicles and machinery or restriction as to the incidental sale and marketing, including produce stands, of products raised on the premises, provided that:

1.

The agricultural use is located on-premises and on a minimum lot area of one (1) acre; and

2.

A poultry and livestock building, structure and yard is located on-premises and is located a minimum distance of 100 feet from a lot or street line; and

3.

Poultry and livestock for sale are kept in approved enclosures.

4.

The agricultural standards comply with the appropriate regulations of the Columbus Health Department.

B.

A stable may be erected in any residential district contained in this chapter provided that:

1.

The stable is located on-premises and on a minimum lot area of five acres; and

2.

The stable complies with the appropriate regulations of the Columbus Health Department.

C.

On lot areas of less than one (1) acre, Produce Stands shall be allowed as an accessory use to the parcel's primary use or the on-site agricultural use in any residential district, subject to the following:

1.

The Produce Stand may be in operation during the growing season. The growing season is considered to be the months of April through December.

2.

Sales shall be limited to two (2) days per week.

3.

Sales shall be limited to between 8:00 a.m. and 8:00 p.m.

4.

Only one (1) Produce Stand is permitted per parcel.

5.

For parcels that contain a dwelling unit, Produce Stands must be removed from the premises or stored inside a structure at the end of each day

6.

For parcels that contain a dwelling unit, one (1) sign that is non-illuminated and with a maximum area of four (4) square feet, may be displayed during the growing season but must be removed from the premises or stored inside a structure at other times of the year. All signs shall comply with zoning code standards of Chapter 3376 On Premises Signs in Residential Districts.

7.

For parcels that do not contain a dwelling unit, Produce Stands or Signs do not need to be stored or removed. Furthermore, two (2) signs that are non-illuminated and with a maximum area of four (4) square feet, may be displayed.

8.

The area used for the Produce Stand shall comply with the vision clearance requirements of zoning code Chapter 3321.05 General Site Development Standards.

D.

Solar energy collection may be conducted in any residential district contained in this chapter, subject to the following

1.

Equipment directly related to the gathering of solar energy shall be exempt from screening requirements.

2.

Electricity collected on-site may be distributed off-site for use or sale.

(Ord. No. 1029-2021, § 3, 5-24-2021; Ord. No. 1501-2022, § 17, 6-13-2022)

No person in any residentially zoned district as defined in Chapter 3303, C.C., shall store, collect, park, leave, deposit, maintain, reserve, put aside for future use, permit, allow, or suffer to remain on any porch, balcony, roof, or in a yard except in a completely enclosed building or structure, any:

(1)

Lumber or other building materials except those related to projects for which a valid building permit has been issued and except firewood for the personal use of the resident in the rear or side yard;

(2)

Motor vehicle as defined by Ohio Revised Code Section 4511.01, airplane, boat, shipping container, or trailer except as provided for by Chapter 3312, Off-Street Parking and Loading;

(3)

Parts of any item listed in (2) above including tires;

(4)

Equipment or materials used in the construction trade;

(5)

Machinery or household appliance (not including equipment required for solar energy collection);

(6)

Junk;

(7)

Salvage; or

(8)

Upholstered furniture, mattresses, materials and other similar products not designed, built and manufactured for outdoor use unless such is in an enclosed porch or balcony.

For purposes of this section an enclosed porch or balcony shall mean a platform located at and attached to or abutting against the entrance to a building, completely covered by a roof and completely enclosed by fully intact glass and/or fully intact screens. Screens are framed wire mesh or framed plastic mesh used to keep out insects and permit airflow.

(Ord. 1482-95; Ord. 960-04 § 2; Ord. No. 1501-2022, § 18, 6-13-2022; Ord. No. 1871-2023, § 1, 7-31-2023)

(a)

The AR-12, ARLD and AR-3 apartment residential districts and the AR-O apartment office district are designated to be in the 35-foot height district. No building or structure therein shall exceed a height of 35 feet unless a different height district was established for the subject lot at the time of zoning.

(b)

A lot that was separately owned and of record on January 14, 1959, the effective date of Ordinance 1540-58, or that was in a recorded subdivision of record on such date; located in an AR-12, ARLD, AR-1, AR-2, AR-3 or AR-4 apartment residential district or an AR-O apartment office district; and used for a detached single-family dwelling or two-family dwelling is designated to be in the 35-foot height district. No building or structure therein shall exceed a height of 35 feet.

(c)

Otherwise, the AR-1, AR-2 and AR-4 apartment residential districts are designated to be in the 60-foot height district. No building or structure therein shall exceed a height of 60 feet unless a different height district was established for the subject lot at the time of zoning.

(Ord. 998-90.)

Repealed by Ord. No. 0791-2011, § 3, adopted July 18, 2011.

No dwelling, apartment house or other building shall be constructed contrary to the provisions of Chapter 3385, Flood Plain Development.

(Ord. 1506-86.)

Whenever only a portion of a recorded lot is proposed as a building site, or whenever two or more portions of two or more recorded lots are proposed to be combined to form a building site, or whenever two or more recorded lots or portions thereof are proposed to be combined to form a building site, the proposed building site as shown on the plot or site plan submitted shall be considered to be a newly created single lot, and such newly created lot shall not be reduced in size, divided or split if such reduction, division or split will result in a lot or parcel which would fail to meet any of the requirements of this Zoning Code.

(Ord. 1506-86.)

For each dwelling, apartment house or other principal use provision shall be made for private access and off-street parking facilities as required by Chapter 3312, C.C.

(Ord. 1506-86; Ord. No. 1792-2011, § 1(Attach. 1), 12-12-2011)

Accessory Use in an Apartment District

No person shall perform any motor vehicle service, work, trade, occupation, or business, including but not limited to the building, alteration, reconditioning or repair of a motor vehicle as defined by Ohio Revised Code Section 4511.01, or related thereto, on any residential lot or in any private garage. The performance of service to or maintenance of the motor vehicle registered to the resident of such lot thereon shall not constitute a violation of this section.

(Ord. 1482-95.)

An accessory use customarily incident to a use permitted in an AR-12, ARLD, AR-1, AR-2, AR-3 or AR-4 apartment residential district, or an AR-O apartment office district shall be permitted in such districts, respectively, subject to the limitations stated in this chapter or elsewhere in this Zoning Code, and shall not be such as to infringe upon the residential character of the district.

(Ord. 1506-86.)

A specifically permitted principal use may include such accessory buildings as are ordinarily appurtenant thereto.

(Ord. 1506-86.)

A child day care center may be an accessory use subject to the requirements of Ohio Revised Code Chapter 5104 and the following additional conditions:

(a)

A center shall be associated with a school or church and be established in a building occupied by the principal use; and

(b)

As part of the application for a certificate of zoning clearance, the center operator shall submit a transportation plan which describes in text and plan the manner of child loading and unloading, parking and traffic circulation. The director shall consult with the director of public service and/or their designee concerning the safety of such plan and may modify or deny the application for safety reasons.

(Ord. 1506-86; Ord. 1272 § 1 (part); Ord. 1909-01 § 1 (part); Ord. No. 0128-2009, § 1, 2-9-2009; Ord. No. 0455-2010, § 54, 4-5-2010)

The purpose of this section is to permit a home occupation as an accessory use if it is compatible with the residential character of the neighborhood in which it is located and is conducted so as not to have an adverse effect upon the average neighbor under normal circumstances; to set standards by which to judge the operation of such use; and to prohibit uses which are incompatible with permissible uses in apartment districts. A home occupation may be an accessory use in any apartment district subject to the following conditions:

A.

Any home occupation use shall be confined to the principal residence of the individual so engaged; shall be excluded from any yard or accessory building; and shall be clearly incidental and subordinate to the primary residential use.

B.

No alteration shall be made in either the internal or external structural form of the residential building or the external appearance for purposes of any home occupation. The removal of partitions or floors, or parts thereof, shall be construed as an alteration of the external or internal structural form and is, therefore, prohibited.

C.

No evidence of any home occupation shall be visible from off the lot where it is conducted except for no more than one home occupation sign displayed in compliance with C.C. 3376.08(B).

D.

No more than 20 percent of the livable area of any residence shall be used for a home occupation.

E.

No person other than a permanent resident of the dwelling unit shall be engaged in or employed at any home occupation within such dwelling unit except that in connection with the practice of a profession which can be practiced only with the assistance of supportive personnel, one person not residing in such dwelling unit may be so employed. Profession is limited herein to architect, attorney, clergyman, dentist, engineer, physician or surgeon.

F.

No storage of equipment or materials used in a home occupation shall be outside the principal residence.

G.

No change shall be made in any utility line, meter or service to accommodate a home occupation and utility use shall not unreasonably exceed that normally or previously used at such residence.

H.

No equipment or process shall be used in any home occupation which emits radiation or creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot used for such home occupation. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference.

I.

No traffic shall be generated by any home occupation unreasonably greater in volume or different in nature than would otherwise normally occur in the residential neighborhood in which it is located.

J.

No wholesale or retail business, including the sale or transfer of any firearm, shall be conducted in a dwelling unit.

(Ord. 2836-96 § 4; Ord. No. 3006-2018, § 2, 12-3-2018; Ord. No. 1871-2023, § 1, 7-31-2023)

A private garage in an apartment district shall be so located and constructed as to conform to one or more of the following as the case may require:

(A)

A private garage shall not be an accessory use to a lot in an apartment district unless such lot is occupied by a town house, dwelling or apartment house and unless a building permit has been issued for and construction started for same on such lot;

(B)

When a private garage is built as an accessory use in a terrace or retaining wall on the front side of the lot, such private garage shall not project in front of the terrace or retaining wall more than three feet, and in no case shall it project above the level of the ground (or main) floor of a residence on an adjoining lot;

(C)

No separate private garage building shall be erected in a terrace or retaining wall, closer than the required building line to the street line, or closer than the minimum side yard requirement or building line to an adjoining lot line. On a corner lot a separate private garage building shall not be closer than the building line of the side street to such side street;

(D)

An attached or semi-attached private garage shall have such separation from the town house, dwelling or apartment house as is specified in the Building Code;

(E)

A private detached garage shall not occupy more than 45 percent of the total rear yard;

(F)

Subject to the limitation of subsection (E) above, no portion of the lot area devoted to a private garage or a carport shall exceed the greater of:

(1)

720 square feet; or

(2)

One-third of the minimum net floor area for living quarters of the dwelling unit or units; and

(G)

No carport or detached private garage shall exceed 15 feet in height, the perpendicular straight line measured from the curb level, or from the finished grade line of the lot where such grade is higher than the curb, to the highest point of such garage, except that in the university impact district, as defined in Chapter 3325, C.C., in those areas having an architectural review commission as set out in Title 31, C.C., or in a district or listed property, as defined in Chapter 3116, C.C., the 15-foot height limit may be exceeded in order to achieve a compatible roof pitch provided the University Impact District Review Board, the appropriate architectural review commission, or the historic resources commission, as the case may be, finds the increased roof pitch is compatible with the established architectural character of the district and further provided the increased roof pitch does not result in habitable space.

(H)

A private garage shall be considered attached to the dwelling only when directly attached to habitable space. Any habitable space in an attached garage must connect directly with habitable space in the dwelling.

(I)

Nothing in subsection (H) above shall prevent a breezeway connection between a house and private garage. The area of the breezeway connection shall be utilized in calculating the percent of total rear yard which may be occupied by a private, detached garage as stipulated in subsection (E) above, but shall not be subject to the limitations of subsection (F) above.

(J)

No maintenance, alteration, repair, reconditioning or reconstruction of, or connected in any way with, a motor vehicle, as defined by Ohio Revised Code Section 4511.01, registered to anyone other than a resident of the subject premises shall be carried on or conducted in a private garage.

(Ord. 1482-95; Ord. No. 0357-2009, §§ 4, 12, 4-6-2009; Ord. No. 1871-2023, § 1, 7-31-2023)

A rooftop telecommunication installation for receiving or transmitting wireless telecommunications may be erected on any existing legal structure 60 feet or more in height provided that it is in accordance with C.C. 3309.142(C). All support equipment shall be housed in an existing legal structure.

(Ord. 90-98 § 6 (part).)

Town House Development

The town house development is designed to facilitate the construction of attached single-family residences, separated from each other by common fire walls constructed on common lot lines. A town house development is permitted in an AR-12, ARLD, AR-1, AR-2, AR-3 or AR-4 apartment residential district or an AR-O apartment office district but is limited to the standards contained to C.C. 3333.36 through 3339.41, inclusive. The town house development is unique in that each unit is situated on an individual lot in a recorded subdivision. Subdivision standards are contained in Chapter 3123, C.C.

(Ord. 1506-86.)

A town house development shall be in common ownership or control during development as well as at the time approval is sought for the subdivision plat. Any transfer of land within the development resulting in ownership by two or more parties after an application has been filed shall not alter the applicability of the regulations of this chapter to the project or any lot within it. A homeowners' association shall be established and shall own all common areas.

(Ord. 1506-86.)

A certificate of zoning clearance is required and shall be obtained in accordance with Chapter 3305, C.C., prior to the construction or structural alteration of any town house or town house development.

(Ord. 1506-86.)

Upon receipt of a proper application for clearance for town house development, the director shall first apply the standards of C.C. 3333.36 through C.C. 3333.41, inclusive, which shall take precedence over any conflicting provision of the standards contained in C.C. 3333.01 through 3333.35, inclusive, to determine compliance with the Zoning Code.

(Ord. 1506-86; Ord. No. 0455-2010, § 55, 4-5-2010)

The applicant for a certificate of zoning clearance for town house development shall provide a site plan or plans consistent with and at the same scale as, the subdivision plat required by C.C. 3123.11, 3123.18, and 3123.19 indicating bearings and dimensions, and containing or accompanied by at least the following:

(a)

The site plans which shall include a location map with indication of boundaries, dedicated streets and alleys, common open space, lot lines, building perimeters, fire walls, building and lot layout, residential and visitor parking, curbs, easements, sidewalks, walkways, fencing, landscaping and screening.

(b)

Statistics as to the total project acreage, total number of rows and town houses, density, total area in lots, area of common open space, total number of parking spaces for resident, total number of parking spaces for visitors, and the town house/parking space ratio, which shall all be provided by the applicant.

(c)

A copy of the declaration of covenants, conditions, restrictions, easements and assessment liens running with the land including provisions relating to insurance, maintenance, repair and replacement which shall be filed with the application. The original declaration shall be recorded in the office of the appropriate county recorder.

(d)

A copy of the proposed by-laws of the home owners' association for the subject development which shall provide that each town house owner in the development shall be a member.

(Ord. 1506-86.)

A certificate of zoning clearance for a town house development shall be issued if the director finds that an otherwise proper application complies with the following standards:

(a)

Only new construction on a site of no less than one acre, in an apartment residential district, comprising a subdivision of record shall be considered for town house development.

(b)

Density shall not exceed 12 town houses per acre of land.

(c)

The maximum number of town houses permitted in any row shall be eight; the minimum shall be three. No detached dwelling unit shall be constructed in a town house development.

(d)

A town house together with accessory buildings, if any, shall occupy no more than 55 percent of the lot area and at least 20 percent of the lot area (in addition to the front setback area) shall be reserved for private open space.

(e)

The minimum width of a town house lot shall be 15 feet.

(f)

The minimum area of a town house lot shall be 1,500 square feet.

(g)

No minimum depth shall be required of a town house lot.

(h)

Each town house lot shall have a minimum of 15 feet of frontage on a dedicated public street except that those lots which are separated from a street only by common space shall have a minimum of 15 feet of frontage on such common space.

(i)

A side yard, required only at each end of a row, shall be no less than seven and one-half feet wide.

(j)

A building line shall be established no less than 25 feet from the front lot line irrespective of the orientation of the building.

(k)

A building line shall be established no less than ten feet from the rear lot line or the centerline of an alley, as the case may be, irrespective of building orientation.

(l)

Unobstructed, permanent access of at least ten feet in width shall be provided to both the front and rear of each town house lot and between rows of four or more town houses for emergency use, fire protection and maintenance.

(m)

Hard-surfaced parking spaces of regulation size and of material approved by the director of public service and/or their designee shall be provided for each town house as follows:

Except that where two parking spaces of regulation size are provided on the rear of each lot, and the street upon which the row fronts is not utilized in any manner for required parking: only two parking spaces shall be required per town house.

(1)

Two spaces per unit shall be located on or adjacent to the lot to be served thereby.

(2)

An additional one-half space per unit shall be located no farther than 200 feet from the town house to be served thereby.

(n)

Parking spaces may be provided perpendicular to and immediately adjacent to the right-of-way only if such parking is:

In no event shall perpendicular parking be provided immediately adjacent to an arterial or a collector of any width; or to a local residential street which (1) provides access to more than 125 dwelling units or (2) which encourages through traffic.

(1)

Within common space adjacent to:

(A)

A cul-de-sac or dead end street providing access to no more than 62 dwelling units; or

(B)

A local residential street providing access to no more than 125 dwelling units, and discouraging through traffic thereon; or

(C)

An alley or roadway provided each lot served thereby fronts upon a street; or

(2)

Within the rear of a private lot adjacent to an alley or roadway provided each such lot fronts upon a street. Perpendicular parking provided pursuant to (1)(A) or (B) above, shall be no closer than 100 feet to the right-of-way line of any local street or collector, or 200 feet to the right-of-way line of any arterial. The conditions of this paragraph shall not apply to a wholly internal local street servicing the town house development.

(o)

Single or tandem parking spaces may be provided within the front setback of a lot which fronts upon:

(1)

a cul-de-sac or dead-end street providing access to no more than 62 dwelling units; or

(2)

a local residential street providing access to no more than 125 dwelling units, and discouraging through traffic thereon.

(p)

Adjacent to all parking spaces other than those in a garage or in a driveway serving no more than two town houses, curbs shall be installed separating such parking spaces from any common area, sidewalk, bikeway, walkway, or setback in accordance with specifications on file in the department of public service offices for curbs installed within the public right-of-way.

(q)

No portion of a parking space shall overlap any portion of the sidewalk or shared-use path.

(r)

Continuous sidewalks or shared-use paths no less than four feet in width and located no closer than three feet to any curb, except for access to the street, shall be provided in accordance with city specifications on file in the department of public service offices except that such sidewalks may be located within 25 feet of the right-of-way affording principal access to any town house where common space for parking is provided between the property line and the street.

(s)

Where four or more perpendicular parking spaces are positioned immediately adjacent to the street and to each other, the public or common sidewalk or shared-use path shall be installed between such parking and the row it serves to promote safety and to discourage pedestrian traffic at the rear of parked vehicles.

(t)

Common open space exclusive of any common area devoted to parking, sidewalks, shared-use paths or vehicular circulation shall be provided at a rate of 400 square feet per town house.

(u)

All access to parking spaces and open spaces shall be held in common ownership by the homeowners' association or dedicated to the city when determined necessary by the director.

(Ord. 1506-86; Ord. 1272-01 § 1 (part); Ord. 1909-01 § 1 (part); Ord. 1987-2008 Attach. 1 (part); Ord. No. 0128-2009, § 1, 2-9-2009; Ord. No. 0455-2010, § 56, 4-5-2010)